Terms & Conditions:
Overview
Mesmerra operates and maintains this website. In this agreement, the terms “we,” “us,” and “our” pertain to Mesmerra. Your usage of this website and involvement in our services are contingent upon your acceptance of all terms, conditions, policies, and notices provided in this document.
When you visit our site or make a purchase, you are engaging in our “Service” and are bound by the subsequent terms and conditions (“Terms of Service” or “Terms”). These terms are applicable to all users of the site, encompassing browsers, vendors, customers, merchants, and content contributors. It is imperative to thoroughly read and comprehend these Terms of Service before accessing our website. Failure to agree with any aspect of these terms and conditions implies that you may not access the website or avail yourself of our services. Acceptance of these Terms of Service is explicitly confined to the conditions delineated herein.
The inclusion of any new features or tools in the existing store will also be subjected to these Terms of Service. The most recent version of the Terms of Service can be reviewed at any time on this page. We retain the right to update, modify, or replace any segment of these Terms of Service by posting updates or changes on our website. It is your responsibility to check this page periodically for revisions. Continued use of or access to the website following the posting of any changes signifies your acceptance of those modifications.
SECTION 1 – TERMS FOR ONLINE STORE USAGE
By accepting these Terms of Service, you declare that you are of the age of majority in your state or province and have obtained the necessary consent to permit any of your minor dependents to utilize this site.
The usage of our products for any illegal or unauthorized purpose is strictly prohibited. Furthermore, in utilizing our Service, you agree not to contravene any laws in your jurisdiction, encompassing but not limited to copyright laws.
Transmission of any worms, viruses, or any other form of destructive code is expressly forbidden. Any breach or violation of these stipulated terms will result in the immediate termination of your services.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms
SECTION 3 – INFORMATION ACCURACY, COMPLETENESS, AND TIMELINESS
We disclaim responsibility for any inaccuracies, incompleteness, or lack of timeliness in the information presented on this site. The material on this site is provided solely for general informational purposes and should not be solely relied upon for decision-making. To make informed decisions, it is imperative to consult primary, more accurate, complete, or timelier sources of information. Your reliance on the material on this site is undertaken at your own risk.
This site may include historical information, which by nature is not current and is presented solely for your reference. We retain the right to modify the contents of this site at any given time; however, we are under no obligation to update any information on our site. You acknowledge that it is your responsibility to actively monitor changes to our site.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 – PRODUCTS OR SERVICES (if applicable)
Certain products or services may exclusively be available online through our website. These items may be offered in limited quantities and are subject to our Return Policy for returns or exchanges.
Every effort has been made to accurately display the colors and images of our products in the online store. However, we cannot guarantee that your computer monitor will accurately represent the color of the products.
We retain the right, though not obligated, to limit the sales of our products or services to specific individuals, geographic regions, or jurisdictions, and we may exercise this right on a case-by-case basis. We also reserve the right to limit the quantities of any products or services offered. All product descriptions and pricing are subject to change at our sole discretion, without notice. We reserve the right to discontinue any product at any time. Any offer for a product or service made on this site is void where prohibited.
We do not provide warranty regarding the quality of any products, services, information, or other materials purchased or obtained through our website. Additionally, we do not guarantee that any errors in the service will be corrected.
SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We retain the right to decline any order placed with us. We may, at our sole discretion, impose limitations or cancel quantities purchased per person, household, or order. These limitations may extend to orders made under the same customer account, credit card, or utilizing the same billing and/or shipping address. In the event of a change or cancellation of an order, we will make our best effort to notify you through the email and/or billing address/phone number provided during the order placement. We also reserve the right to restrict or prohibit orders that, in our sole judgment, seem to be placed by dealers, resellers, or distributors.
By using our services, you agree to furnish current, complete, and accurate purchase and account information for all transactions on our site. It is your responsibility to keep your account information, including email address and credit card details, up-to-date to facilitate smooth transactions and enable us to contact you when necessary.
For a more comprehensive understanding, we recommend reviewing our Returns Policy.
SECTION 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 – THIRD-PARTY LINKS
Our Service may feature content, products, and services that include materials from third parties.
Third-party links accessible on this site may redirect you to websites not affiliated with us. We do not undertake the examination or assessment of the content or accuracy of these third-party materials, and we disclaim any warranties or liability for them. This includes any harm or damages arising from the purchase or use of goods, services, resources, or content, or any transactions made in connection with third-party websites.
It is important to thoroughly review the policies and practices of third parties and ensure a clear understanding before engaging in any transactions. Any complaints, claims, concerns, or questions regarding third-party products should be directed to the third party involved.
SECTION 9 – USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
If, upon our request, you submit specific entries (such as contest entries) or voluntarily provide creative ideas, suggestions, proposals, plans, or other materials, whether through online channels, email, postal mail, or any other means (collectively referred to as ‘comments’), you hereby grant us the unrestricted right to edit, copy, publish, distribute, translate, and employ these comments in any medium, without any limitations. We hold no obligation: (1) to keep such comments confidential; (2) to provide compensation for any comments; or (3) to respond to any comments.
While we may, at our discretion, monitor, edit, or remove content, we are not obligated to do so. We reserve the right to act on content that, in our sole judgment, is deemed unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, objectionable, or in violation of any party’s intellectual property or these Terms of Service.
By submitting comments, you affirm that they do not infringe upon any third-party rights, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You further confirm that your comments are free from libelous or otherwise unlawful, abusive, or obscene material, and do not contain any computer virus or malware that could impact the operation of the Service or any related website. You must not use a false email address, pretend to be someone else, or mislead us or third parties regarding the origin of any comments. You bear sole responsibility for the accuracy of your comments. We disclaim any responsibility and assume no liability for comments posted by you or any third party.
SECTION 10 – PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy, which can be viewed here: Privacy Policy
SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We make no guarantee, representation, or warranty that your use of our service will be uninterrupted, timely, secure, or error-free. The only warranties explicitly provided are those outlined in the relevant product page, applicable specifically to that product.
We do not assure that the results obtained from using the service will be accurate or reliable. You acknowledge that we may, at times, suspend the service for indefinite periods or cancel it at any time without prior notice. Your use of the service is expressly at your own risk. The service, along with all products and services delivered through it, is provided ‘as is’ and ‘as available,’ without any representation, warranties, or conditions of any kind, whether express or implied. This includes all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
Under no circumstances shall Mesmerra, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages. These may include, but are not limited to, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages. Whether based in contract, tort (including negligence), strict liability, or otherwise, such damages may arise from your use of the service or any products procured through the service. Additionally, it covers any claim related in any way to your use of the service or any product, including errors or omissions in content, or any loss or damage incurred due to the use of the service or any content (or product) posted, transmitted, or otherwise made available through the service. This holds true even if advised of the possibility of such damages. In jurisdictions where the exclusion or limitation of liability for consequential or incidental damages is not allowed, our liability shall be limited to the maximum extent permitted by law.
SECTION 13 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 14 – INDEMNITY OBLIGATION
You hereby agree to indemnify, defend, and hold Mesmerra, our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of:
- Breach of Terms: Your breach of these Terms of Service or the documents they incorporate by reference.
- Violations: Your violation of any law or the rights of a third party.
This indemnification extends to all associated entities and individuals mentioned above, and you commit to covering any costs, including legal fees, incurred in the defense against such claims or demands.
SECTION 15 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 – TERMINATION OF AGREEMENT
The rights, obligations, and liabilities of the parties incurred before the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service remain effective unless terminated by either party. You may terminate these Terms of Service at any time by notifying us of your decision to discontinue using our services or when you cease using our site.
In our sole judgment, if we find that you fail to comply with any term or provision of these Terms of Service, or if there is a reasonable suspicion of non-compliance, we reserve the right to terminate this agreement without notice. In such cases, you will remain liable for all amounts due up to and including the date of termination. We may also deny you access to our services, or any part thereof, as a result of termination.
SECTION 17 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 – GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of India without regard to its conflict of laws principles. Disputes, if any, shall be subject to the jurisdiction of the courts located in Gujarat, India.
SECTION 19 – AMENDMENTS TO TERMS OF SERVICE
You may review the most up-to-date version of the Terms of Service on this page at any time.
We retain the right, at our sole discretion, to update, modify, or substitute any portion of these Terms of Service by publishing updates and revisions on our website. It is incumbent upon you to routinely check our website for alterations. Continued utilization of or access to our website or services subsequent to the publication of any modifications to these Terms of Service signifies your acceptance of those changes.
SECTION 20 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at support@mesmerra.com.