Terms and Conditions
To provide a safe and secure shopping experience, we regularly monitor transactions for fraudulent activity. In the event of detecting any suspicious activity, Mellow.co.in reserves the right to cancel all past, pending and future orders without any liability.
Mellow.co.in also reserves the right to refuse or cancel orders in scenarios like inaccuracies in pricing of product on website and stock unavailability.
We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after your card has been charged, the said amount will be reversed to your Card Account. Any promotional voucher used for the cancelled orders may not be refunded.
The customer may be considered fraudulent if any of the following scenarios are met
- Customer doesn’t reply to the payment verification mail sent by Mellow.
- Misuse of another customer’s phone/email.
- Customer uses invalid email and phone no.
- Overuse of a voucher code.
- Use of a special voucher not tagged to the used email ID.
- Customer returns the wrong product.
- Customer refuses to pay for an order.
- Customers are involved in the snatch and run for any order.
The customer may be considered loss to business if any of the following scenarios are met:
- Customer with a very high return rate.
- Invalid/Incomplete addresses cases.
- Repeated request for monetary compensation for petty issues.
Account for the customers falling in fraudulent or loss to business categories may be blocked. Any gift credits earned through loyalty or referral program will be forfeited in such a case.
The domain name www.mellow.co.in(hereinafter referred to as “Website”) is owned by Marudhar Herbals (‘Mellow’) mentioned hereinafter, having its office at F-17, Industrial Area, Chirawa – 333026, Rajasthan, India.
By mere use of the website, you shall be contracting with mellow and these TNCs including the policies represent a binding contract between you and us. Therefore, we urge you to get acquainted with the TNCs and carefully understand the rights and obligations arising from them. Your use of the Website signifies that you have read, understood and have agreed to be bound by the TNCs. mellow retains the right to deny access to anyone who we believe has violated any of these TNCs.
BY ACCESSING OR USING THE WEBSITE, YOU ARE ACKNOWLEDGING THAT YOU HAVE READ, UNDERSTOOD, AND YOU AGREE, WITHOUT LIMITATION OR QUALIFICATION, TO BE BOUND BY THESE TNCs IN THIS AGREEMENT, SO PLEASE READ THIS CAREFULLY BEFORE PROCEEDING.
The TNCs form an electronic record as per the Information Technology Act, 2000, and the rules made there under and the amended provisions pertaining to electronic records in various statutes, as amended by the Information Technology Act, 2000 from time to time. This electronic record is generated by a computer system and does not require any physical or digital signatures.
We understand that after going through the TNCs you may have certain concerns or queries in regards to your rights and obligations mentioned herein. We endeavour to resolve/address any of your concerns, which you may have. It is for this purpose, we have provided you with our contact details. Kindly feel free to get in touch with us at Marudhar Herbals,F-17, Industrial Area,Chirawa, Rajasthan, India 333026,Contact: +91-9928533955,email : firstname.lastname@example.org and we shall strive to provide you with any clarifications and address your concerns at the earliest.
- PAYMENT POLICY
Please see our Payment Policy to understand the purchase processes of our products. All international shipping orders may attract local duties applicable in that country and the customer will have to pay accordingly locally.
- PRODUCTS AND SERVICES FOR PERSONAL USE
The products and services described on the Website, and any samples thereof we may provide to you, are for personal use only. You may not sell or resell any of the products or services, or samples thereof, you receive from us. We reserve the right, with or without notice, to cancel or reduce the quantity of any products or services to be provided to you that we believe, in our sole discretion, may result in the violation of our TNCs.
- INTELLECTUAL PROPERTY RIGHTS
All material and content on the Website, including images, illustrations, text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software, is our property, or the property of our affiliates or content suppliers, and is protected by Indian and international intellectual property law, including copyright, authors’ rights, database rights laws, trademarks, and other intellectual property rights that are owned and controlled by us or by other parties that have licensed their material to us.
The compilation of all content on the Website is our exclusive property, and is protected by laws of India and international copyright and database right laws. All software used on the Website is also our exclusive property, or the property of our affiliates or software suppliers, and is protected by Indian and international copyright, authors’ rights law and other intellectual property rights. You hereby agree to not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by e-mail or other electronic means whether directly or indirectly and you must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other web site or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited.
- LIMITED LICENSES
We grant you a limited, revocable, and non-exclusive license to access and make personal use of the Website. This limited license does not include the right to: (a) frame or utilize framing techniques to enclose the Website or any portion thereof; (b) republish, redistribute, transmit, sell, license or download the Website or any and/or all Content (except caching or as necessary to view the Website); (c) make any use of the Website or any and/or all Content other than personal use; (d) modify, reverse engineer or create any derivative works based upon either the Website or any and/or all Content; (e) collect account information for the benefit of yourself or another party; (f) use any meta tags or any other “hidden text” utilizing any and/or all Content; or (g) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure. You must retain, without modification, all proprietary notices on the Website or affixed to or containedin the Website.
We also grant you a limited, revocable, and non-exclusive license to create a hyperlink to the home page of the Website for personal, non-commercial use only. A website that links to the Website (i) may link to, but not replicate, any and/or all of our Content; (ii) may not imply that we are endorsing such website or its services or products; (iii) may not misrepresent its relationship with us; (iv) may not contain content that could be construed as distasteful, obscene, offensive controversial or illegal or inappropriate for any ages; (v) may not portray us or our products or services, in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate us with undesirable products, services, or opinions; and (vi) may not link to any page of the Website other than the home page. We may, in our sole discretion, request that you remove any link to the Website, and upon receipt of such request, you shall immediately remove such link and cease any linking unless separately and expressly authorized in writing by us to resume linking.
Any unauthorized use by you ofthe Website or any and/or all of our Content automatically terminates the limited licenses set forth in this Section without prejudice to any other remedy provided by applicable law or these TNCs.
- YOUR OBLIGATIONS AND RESPONSIBILITIES
In the access or use of the Website, you shall comply with these TNCs and the special warnings or instructions for access or use posted on the Website. You shall act always in accordance with the law, custom and in good faith. You may not make any change or alteration to the Website or any Content or services that may appear on this Website and may not impair in any way the integrity or operation of the Website. Without limiting the generality of any other provision of these TNCs, if you default negligently or wilfully in any of the obligations set forth in these TNCs, you shall be liable for all the losses and damages that this may cause to mellow, our Affiliates, partners or licensors.
- SPECIAL FEATURES, FUNCTIONALITY AND EVENTS
- THIRD PARTY LINKS
We are not responsible for the content of any off-website pages or any other websites linked to or from the Website. Links appearing on this Website are for convenience only and are not an endorsement by us, our affiliates or our partners of the referenced content, product, service, or supplier. Your linking to or from any off-website pages or other websites is at your own risk. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of, off-website pages or any other websites linked to or from the site, nor do we assume any responsibility or liability for the actions, content, products, or services of such pages and websites, including, without limitation, their privacy policies and terms and conditions. You should carefully review the terms and conditions and privacy policies of all off-website pages and other websites that you visit.
If you make a Submission, you represent and warrant that you own or otherwise control the rights to your Submission. You further represent and warrant that such Submission does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of “spam”. You may not use a false email address, impersonate any person or entity, or otherwise mislead us as to the origin of any Submission. You agree to indemnify us for all claims arising from or in connection with any claims to any rights in any Submission or any damages arising from any Submission.
- USER CONTENT
When you transmit, upload, post, e-mail or otherwise make available data, text, software, music, sound, photographs, graphics, images, videos, messages or other materials (“User Content”) on the Website, you are entirely responsible for such User Content. Such User Content constitutes a Submission under Section 9 above. This means that all third parties, and not we, are entirely responsible for all User Content that they post to the Website. You agree not to engage in or assist or encourage others to engage in transmitting, uploading, posting, e-mailing or otherwise making available on the Website User Content that (a) is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (b) you do not have a right to make available under any law or under contractual or fiduciary relationships; (c) is known by you to be false, inaccurate or misleading; (d) you were compensated for or granted any consideration by any third party; or (e) infringes any patent, trademark, trade secret, copyright or other proprietary and/or intellectual property rights of any party. In addition, you agree not to transmit, upload, post, e-mail, or otherwise make available any software viruses, unsolicited or unauthorized advertising, solicitation or promotional material, including chain letters, mass mailings, or any form of “spam”. You further agree not to (i) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity; (ii) “stalk” or otherwise harass including advocating harassment of another, entrap or harm any third party including harming minors in any way; (iii) forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content; (iv) intentionally or unintentionally violate any applicable local, state, national or international law; or (v) collect or store personally identifiable data about other users.
We do not endorse or control the User Content transmitted or posted on the Website and therefore, we do not guarantee the accuracy, integrity or quality of User Content. You understand that by using theWebsite, you may be exposed to User Content that is offensive, indecent or objectionable to you. Under no circumstances will we be liable in any way for any User Content, including, without limitation, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred by you as a result of the use of any User Content transmitted, uploaded, posted, e-mailed or otherwise made available via the Website.
You acknowledge that we have the right (but not the obligation) in our sole discretion to refuse to post or remove any User Content and we reserve the right to change, condense, or delete any User Content. Without limiting the generality of the foregoing or any other provision of these TNCs, we have the right to remove any User Content that violates these TNCs or is otherwise objectionable and we reserve the right to refuse service without prior notice for any users who violate these TNCs or infringe the rights of others.
- ACCURACY OF INFORMATION
We attempt to be as accurate as possible when describing our products on the Website. However, except to the extent implied by applicable law, we do not warrant that the product descriptions, colours, information or other content available on the Website are accurate, complete, reliable, current, or error-free.
- COPYRIGHT COMPLAINTS
We respect the intellectual property of others. If you believe that copyrighted materials have been copied in a way that constitutes copyright infringement, please send an email or written notice to us for notices of infringement and provide the following: (i) identification of the copyrighted work(s) that you claim has been infringed and that you are the copyright owner or authorized to act on the copyright owner’s behalf; (ii) a description of the material that you claim is infringing and the location of the material on the Website; (iii) your address, telephone number and email address to: email@example.com
Note: The above contact information is provided exclusively for notifying mellow that copyrighted material may have been infringed. All other inquiries will not receive a response through this process and should be directed to our customer service group by email at: firstname.lastname@example.org
- REPRESENTATIONS AND WARRANTIES AND LIMITATION OF LIABILITY
The Website is presented “As Is”. We make no representations or warranties of any kind whatsoever, express or implied, in connection with the TNCs or the site, including but not limited to warranties of merchantability, non-infringement or fitness for a particular purpose, except to the extent such representations and warranties are not legally excludable.
You agree that, to the fullest extent permitted by applicable law, we will not be responsible or liable (whether in contract, tort (including negligence) or otherwise), under any circumstances, for any (a) interruption of business; (b) access delays or access interruptions to the site; (c) data non-delivery, mis-delivery, corruption, destruction or other modification; (d) loss or damages of any sort incurred as a result of dealings with or the presence of off-website links on the Website; (e) computer viruses, system failures or malfunctions which may occur in connection with your use of the site, including during hyperlink to or from third party websites (f) any inaccuracies or omissions in content or (g) events beyond our reasonable control.
mellow products are based on natural and ayurvedic formulations. Though enormous efforts are made and precautions taken to render the products absolutely safe for human use, it is possible that certain ingredients may cause allergic reactions to certain individuals or adversely affect individuals with pre-existing medical conditions. Please make yourself aware of the ingredients and usage instructions accompanying each of our products to make sure that they are safe for you to use. It will be your sole responsibility to take proper precaution/ professional medical/ dermatological advice before using any of our personal care products that you may be allergic to. You agree that mellow will not be responsible or liable for any product related issues including without limitation any allergic reactions to you on account of usage of our products. For any purchases made through mellow, you will inter alia be governed by the limitation of liability and disclaimer conditions provided in more detail with the product packaging/leaflets.
Further, to the fullest extent permitted by law, we will not be liable for any indirect, special, punitive, incidental, or consequential damages of any kind (including lost profits) related to the Website or your use thereof regardless of the form of action whether in contract, tort (including negligence) or otherwise, even if we have been advised of the possibility of such damages and in no event shall our maximum aggregate liability exceed Indian Rupees 1000 only.
You agree that no claims or action arising out of, or related to, the use of the Website or these TNCs may be brought by you more than one (1) year after the cause of action relating to such claim or action arose.
You agree to defend, indemnify and hold mellow and its affiliates, contractors, employees, officers, owner, agents and third party partners harmless from any and all claims, losses, damages, liabilities, costs and expenses, including without limitation, legal fees and expenses, caused by or arising out of claims based upon your actions or inactions or related to your use or misuse of the Website, any violation of these TNCs or any of the covenants made by you herein, which may result in any loss or liability to mellow or any third party.
With respect to any dispute regarding the Website, all rights and obligations and all actions contemplated by these TNCs shall be governed by the laws of India and the courts of State of Rajasthan, India, as if the TNCs were a contract wholly entered into and wholly performed within State of Rajasthan, India, subject to foreign legal mandatory provisions. To the fullest extent permitted by applicable law, any dispute, differences or claim arising out of your visit to the Website shall be referred to the sole Arbitrator appointed by the owner of mellow in accordance with the law. The venue of such arbitration shall be at State of Rajasthan, Indiaand the award of the Arbitrator shall be final and binding on all parties and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these TNCs shall be joined to an arbitration involving any other party subject to this TNCs, whether through class arbitration proceedings or otherwise.
To the extent arbitration is not permitted by applicable law, any dispute relating in any way to your visit to the Website shall be submitted to an appropriate court or other judicial body in State of Rajasthan, India, as applicable, without prejudice to the applicable law and all applicable provisions of this Section, and subject to our right to seek injunctive or other appropriate relief in any court, if you have in any manner violated or threatened to violate our intellectual property rights and you consent to exclusive jurisdiction and venue in such courts.
- CONSENT TO RECEIVE NOTICES ELECTRONICALLY BY POSTING ON THE WEBSITE AND VIA EMAIL
You consent to receive any agreements, notices, disclosures and other communications (collectively, “Notices”) to which these TNCs refer from us electronically including without limitation by email or by posting notices on the Website. You agree that all Notices that we provide to you electronically satisfy any legal requirement that such communications be in writing in English. To withdraw your consent to receive Notices electronically, you must notify us of your withdrawal of such consent by emailing us at: email@example.com and discontinue your use of theWebsite. In such event, all rights granted to you pursuant to these TNCs, including but not limited to the limited licenses set forth in Section 5 hereof, shall automatically terminate. Unfortunately, we cannot provide the benefits of theWebsite to any user that cannot consent to receipt of Notices electronically.
You acknowledge and agree that these TNCs constitute the complete and exclusive agreement between us concerning your use of the Website, and supersede and govern all prior proposals, agreements, or other communications.
We reserve the right, in our sole discretion, to change these TNCs at any time by posting the changes on the Website and providing notice of such change. Any changes are effective immediately upon posting to the site and release of notice of such change. Your continued use of the Website thereafter constitutes your agreement to all such changed TNCs. We may, with or without prior notice, terminate any of the rights granted by these TNCs. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Website.
Nothing contained in these TNCs shall be construed as creating any agency, partnership, or other form of joint enterprise between us. Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of these TNCs shall be unenforceable or invalid under any applicable law or be so held by any applicable arbitral award or court decision, such unenforceability or invalidity shall not render these TNCs unenforceable or invalid as a whole but these TNCs shall be modified, to the extent possible, by the adjudicating entity to most fully reflect the original intent of the parties as reflected in the original provision.
If you have any questions regarding these TNCs, please email us at: firstname.lastname@example.org
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