Terms & Conditions
THIS DOCUMENT IS AN ELECTRONIC RECORD IN TERMS OF
INFORMATION TECHNOLOGY ACT, 2000 (“IT ACT”) AND RULES ISSUED THEREUNDER, AS
APPLICABLE AND THE PROVISIONS PERTAINING TO ELECTRONIC RECORDS IN VARIOUS
STATUTES AS AMENDED BY THE IT ACT AND IS PUBLISHED IN ACCORDANCE WITH THE
PROVISIONS OF APPLICABLE LAWS, INCLUDING THE CONSUMER PROTECTION (E-COMMERCE)
RULES 2020, THAT REQUIRE PUBLISHING THE RULES AND REGULATIONS, PRIVACY POLICY
AND TERMS AND CONDITIONS FOR ACCESS OR USAGE OF THE WEBISTE. THIS ELECTRONIC
RECORD IS GENERATED BY A COMPUTER SYSTEM AND DOES NOT REQUIRE ANY PHYSICAL OR
DIGITAL SIGNATURES.
PLEASE READ THESE TERMS AND CONDITIONS
(“T&C”) CAREFULLY. BY ACCESSING, BROWSING, USING WWW.MIHIKAARYA.COM
OR ANY OTHER WEBSITE, MOBILE VERSION OF THE WEBSITE OR AVAILING ANY OF THE PRODUCTS OF MIHIKAARYA
CHEMICALS PRIVATE LIMITED ( HEREINAFTER REFERRED TO AS “COMPANY” OR “US” OR
“WE”) YOU INCLUDING THE PERSONS WHO BROWSES OR THE PERSONS WHO ORDERS
THE PRODUCT AGREE TO BE BOUND BY ALL OF THE T&C MENTIONED
HEREUNDER.
Only persons who can enter into legally binding contract
under the Indian Contract Act, 1872 can use the Website and/or transact on the
Website. Any minor who wishes to use or access the Website is required to
conduct such transaction through their legal guardian or parents. If you
represent a company, partnership firm or sole proprietorship, you shall be
eligible to access and use the Website to conduct the transactions on its
behalf only if you have been duly authorized by way of necessary corporate action,
as may be prescribed statutorily and/or under the charter documents of such
entity
The Company reserves the right to amend or revise the
T&C at any time by uploading a revised or amended T&C on the Website
with or without prior notice. The amended T&C will be effective immediately
after it is uploaded on this Website. Your access or use of the Website
following any such changes constitutes your acceptance to follow and You shall
be bound by these T&C, as amended. The version of the T&C that will
apply to your order will be those uploaded on the Website at the time you use
or access or place your order. For this reason, we encourage you to review
these T&C each time you access and place your order. This T&C does not
alter in any way the terms or conditions of any other written agreement you may
have with the Company for other products or services. If you do not agree to
this T&C (including any referenced policies or guidelines), please
immediately terminate your use of the Website. If you would like to print this
T&C, please press CTRL + P.
You may only access the Website for lawful purposes. You are
solely responsible for the knowledge of and adherence to any and all laws,
rules, and regulations pertaining to your use of the Website.
We reserve the right to block any user and permanently
disable user account if we believe in our sole discretion that action of such
user has resulted in breach of fair usage policy or T&c.
- PRODUCTS
Terms of Offer: The Website offers for sale certain
products (“Products”). The Products shall include trial products and the
products offered free of cost. By placing an order for the Products through the
Website, you agree to the terms and conditions set forth in this T&C. The
Products 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 samples thereof, you receive from us unless agreed otherwise. We reserve the
right, with or without notice, to cancel or reduce the quantity of any Products
to be provided to you that we believe, in our sole discretion, may result in
the violation of our T&C.
The Company may change, suspend, or discontinue the
availability of any of the Products at any time, without any notice or
liability. You acknowledge that the price payable in connection with the
Product or any service, may be subject to change, without notice or liability.
While describing our Products on our Website, we endeavour
to be as accurate as possible. 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. The Website may contain typographical errors or inaccuracies and
may not be complete or updated. Such errors, inaccuracies or omissions may also
relate to pricing and availability of the Product or services. Please note that
the Product pictures are indicative and may not match the actual Product.
Customer Solicitation: By accessing the Website
or placing an order or sending any information, you are communicating with the
Company electronically and you agree to receive communications (including
transactional, promotional and/or commercial messages) from the Company
periodically and as and when required. We may communicate with you by e-mail,
SMS, phone call or by posting notices on the Website or by any other mode of
communication.
At any point of time, you have the right to withdraw your
consent by following the below stated opt-out procedure.
Opt Out Procedure: We provide 3 easy ways to opt
out of from future Customer Solicitations.
- You
may use the opt out link found in any email solicitation that you may
receive.
- You
may also choose to opt out, via sending your email by addressing to:
enquiery@mihikaarya.com/support@mihikaarya.com.
- You
may send a written removal request to house No.d-102 , first Floor,
Ansal palm court Jhansi ,UP.
Proprietary Rights: All the brand names owned and
licensed to the Company are exclusive property of the Company, its affiliates,
partners or licensors, and is protected by laws of India, including laws
governing all applicable forms of intellectual property. The Company has the
proprietary rights and trade secrets in the Products. You shall not copy,
reproduce, modify, duplicate, re-publish, re-sell or re-distribute any Product
manufactured and/or distributed by the Company in whole or in part or in any
other form whatsoever. The Company also has rights to all trademarks and trade
dress and specific layouts of this webpage, including without limitation calls
to action, text placement, images, technology, content, software and other
materials, which appear on the Website, including its looks and feel. No
trademark is granted in connection with the Products or the materials contained
on the Website. The access to the Website does not authorize anyone to use any
trademarks in any manner. The trademarks displayed on the Website whether
registered or unregistered, are the intellectual property of the Company.
Tax: If you purchase any Products, you will be
responsible for paying any applicable taxes in relation to such purchase.
- WEBSITE
Your Account: You may create and hold one user
account (“Account”) only. You will be responsible for maintaining
confidentiality of your account, password, and restricting access to your
computer, and you hereby accept responsibility for all activities that occur
under your Account. You acknowledge that the information you provide, in any
manner whatsoever, are not confidential or proprietary and does not infringe
any rights of a third party in whatsoever nature. Each Account is
non-transferrable and may not be sold, traded, combined, or otherwise shared
with any other person.
If you are accessing, browsing and using the Website on
someone else’s behalf; you represent that you have the authority to bind that
person to all the T&C herein. In the event that the person refuses to be
bound as the principal to the T&C, you agree to accept liability for any
harm caused by any wrongful use of the Website resulting from such access or
use of the Website in whatsoever nature.
If you know or have reasons to believe that the security of
your Account has been breached, you should contact us immediately at the
‘Contact Information’ provided below. If we have found a breach or suspected
breach of the security of your Account, we may require you to change your
password, temporarily or permanently block or suspend your account without any
liability to the Company.
We reserve the right to refuse service and/or terminate
accounts without prior notice if the T&C are violated or if we decide, in
our sole discretion, that it would be in the Company’s best interests to do so.
You are solely responsible for all contents that you upload, post, email or
otherwise transmit via the Website. The information provided to us shall be
maintained by us in accordance with our Privacy Policy.
Content; Intellectual Property; Third Party Links: In
addition to making the Products available, the Website also offers information
and marketing materials. The Website also offers information, both directly and
through indirect links to third-party websites about nutritional and dietary
supplements. The Company does not always create such information and the
content published on the Website; instead, the information and content are
often gathered from other sources. The Company does not endorse any such information
or content and the Company expressly disclaims any and all liability in
connection with the same. The Company is not responsible or liable for the
information or the content or any damage or loss that may result from your
access to or reliance on such information or content. To the extent that the
Company does create the content on this Website, such content is protected by
intellectual property laws of India. Any unauthorized use of the material may
violate copyright, trademark, and/or other laws. You acknowledge that your use
of the content on this Website is for personal and non-commercial use.
We respect the intellectual property of others. In case you
feel that your work has been copied in a way that constitutes copyright
infringement, you can write to us at (enquiry@mihikaarya.com).
Any links to third-party websites are provided solely as a
convenience to you. The Company does not endorse, affiliate, sponsor or
recommend any such third-party websites. The Company is not responsible or
liable for the content of or any damage or loss that may result from your
access to or reliance on these third-party websites. You should always
read the terms and conditions and privacy policy of a third-party website
before using it. If you access or use such third-party websites, you do so at
your own risk.
License: By using this Website, you are granted a
limited, non-exclusive, non-transferable right to use the content and materials
on the Website in connection with your personal, non-commercial use of the
Website. You may not copy, reproduce, transmit, distribute, or create
derivative works of such content or information without express written
authorization from the Company or the applicable third party (if third party
content is at issue).
Site Security: You are prohibited from violating or
attempting to violate the security of the Website, including, without
limitation,
- accessing
data not intended for you or logging onto a server or an account which you
are not authorized to access;
- attempting
to probe, scan or test the vulnerability of a system or network or to
breach security or authentication measures without proper authorization;
- attempting
to interfere with service to any other user, host or network, including,
without limitation, via means of submitting a virus to the Site,
overloading, “flooding,” “spamming,” “mail
bombing” or “crashing”;
- sending
unsolicited email, including promotions and/or advertising of products or
services; or
- forging
any header or any part of the header information in any email or newsgroup
posting. Violations of system or network security may result in civil or
criminal liability
- threatens
the unity, integrity, defence, security or sovereignty of India, public
order or causes incitement to the commission of any cognizable offence or
prevents investigation of any offence.
Payment Method:
The Payments for the Products available on the Website may
be made in the following ways:
- Payments
can be made by Credit Cards, Debit Cards, Net Banking, Wallets, UPI, QR, Razor
pay .
- Cash
on Delivery.
Pricing and Availability: The Prices and availability
of the Products, offers and services provided or offered on the Website are
subject to change without prior notice and at the sole discretion of the
Company. The prices displayed at the Website are inclusive of goods and sales
tax (“GST”), but do not include a delivery charge. For all orders under INR 499
(Indian Rupees Four Hundred and Ninety-Nine only), delivery charge of INR 40
(Indian Rupees Forty only) shall be levied. All orders above INR 499 (Indian
Rupees Four Hundred and Ninety-Nine only) shall be delivered without any
delivery charges. The Prices and offers in offline store and online on websites
and portals other than the Website may vary from the prices displayed on the
Website.
Delivery: For order containing multiple
Products, delivery may be made in multiple shipments. Delivery usually takes
5-7 business days from the date of order placement. Upon placement of the
order, the estimated shipping and delivery timelines shall be available on
order details page. The estimated delivery times are indicative, hence there
may be some unforeseeable delays, which are beyond our control. In the event,
the Company is unable to deliver the Product within the estimated delivery date
due to any reason, you will be notified by an e-mail the reason for such delay.
You will have the right either to cancel the ordered Product or wait for the
Product to be delivered. Please note that your order will be cancelled due to:
(i) unavailability of the Product ordered; or (ii) at your instructions, in the
event of failure to deliver the Product on the expected time of delivery by our
delivery partners. You agree that the Company shall not be liable to pay for
any damage or loss either direct or indirect owing to such cancellation of the
order or delay in delivery.
Tracking Facility: Upon dispatch of the Product, you
will receive an email with the details of the tracking number and the courier
company. Orders may also be tracked, by clicking the ‘Your orders’ option on
you My Accounts page. The order status can be tracked after 24 hours from the
time of dispatch.
PRIVACY
The Company believes strongly in protecting user privacy and
providing You with notice of the Company’s use of data. Please refer to the
Company privacy policy, incorporated by reference herein, that is uploaded on
the Website.
GENERAL
Force Majeure: The Company will not be deemed in
default hereunder or held responsible for any cessation, interruption or delay
in the performance of its obligations hereunder due to earthquake, storm,
natural disaster, act of God, war, terrorism, armed conflict, labour strike,
lockout, or boycott, any acts of nature labour disputes, floods, lightning,
severe weather, shortages of materials, rationing, pandemic or epidemic,
inducement of any virus, Trojan or other disruptive mechanisms, any event of
hacking or illegal usage of the Website, utility or communication failures,
revolution, civil commotion, acts of public enemies, blockade, embargo or any
law, order, proclamation, regulation, ordinance, demand or requirement having
legal effect of any government or any judicial authority or representative of
any such government, or any other act whatsoever, whether similar or dissimilar
to those referred to in this clause beyond our reasonable control. Further if
Force Majeure event takes place that affects the performance of our obligations
under these T&C our obligations under these T&C shall be suspended for
the duration of Force Majeure event..
Cessation of Operation: The Company may at any time,
in its sole discretion and without advance notice to You, cease operation of
the Website and distribution of the Products.
Entire Agreement: This T&C comprises the entire
agreement between you and the Company and supersedes any prior agreements
pertaining to the subject matter contained herein.
Effect of Waiver: The failure of the Company to
exercise or enforce any right or provision of this T&C will not constitute
a waiver of such right or provision. If any provision of this T&C is found
by a court of competent jurisdiction to be invalid, the parties nevertheless
agree that the court should endeavour to give effect to the parties’ intentions
as reflected in such provision, and the other provisions of this T&C remain
in full force and effect.
Governing Law and Jurisdiction: This T&C shall be
construed in accordance with the applicable laws of India and will be governed
by the laws of the state of Uttar Pradesh without regard to its conflict of law
principles to the contrary. Neither you nor the Company will commence or
prosecute any suit, proceeding or claim to enforce the provisions of this
T&C, to recover damages for breach of or default of this T&C, or
otherwise arising under or by reason of this T&C, other than in courts
located in State of Uttar Pradesh. By using this Website or ordering Products,
you consent to the jurisdiction and venue of such courts in connection with any
action, suit, proceeding or claim arising under or by reason of this T&C.
Termination: The Company reserves the right to
terminate your access to the Website if it reasonably believes, in its sole
discretion, that you have breached any of the terms of this T&C. Following
termination, you will not be permitted to use the Website and the Company may,
in its sole discretion and without advance notice to you, cancel any
outstanding orders for Products. If your access to the Website is terminated,
the Company reserves the right to exercise whatever means it deems necessary to
prevent the unauthorized access of the Website. This T&C will survive
indefinitely, unless and until the Company chooses, in its sole discretion and
without advance notice to You, to terminate it.
Domestic Use: The Company makes no representation
that the Website or Products are appropriate or available for use in locations
outside India. The users who access the Website from outside India do so at
their own risk and initiative and must bear all responsibility for compliance
with any applicable local laws.
Assignment. You may not assign your rights and
obligations under this T&C to anyone. The Company may assign its rights and
obligations under this T&C in its sole discretion and without advance
notice to you.
By using this Website or ordering Products from this
Website, you agree to be bound by this T&C.
Survival. If any provision or provisions
of these T&C shall be held to be invalid, illegal, or unenforceable, the
validity, legality and enforceability of the remaining provisions shall remain
in full force and effect.
Contact Us: Please contact us for any
questions or comments (including all inquiries unrelated to copyright
infringement) regarding the Products or the Website.
Customer Service :
Email: support@mihikaarya.com
Contact Days: Monday-Friday (From 9:00 Am to 5:00pm)
ABOUT CASHBACK
Cashback will be credited in the user’s wallet account after 7 days of a successful
transaction or once the Return period will be over. The cashback will be in the
form of a discount. Please see the Terms and Conditions below for more details:
HOW TO AVAIL THE OFFER
- Create
your new account with Mihikaarya on www.mihikaarya.com or login
using your existing mihikaarya account.
- Proceed
to the payments page and select Wallet cashback as your payment option.
- If
you are eligible for Cashback, the same will be added as a Cashback in
your Wallet account
- You
will also receive an Email/ SMS notifying you about the cashback credited
in your account.
TERMS AND CONDITIONS
- Offer
valid for India users only.
- The
cashback will be in the form Wallet cash which can be redeemed with your
next Transaction/ Shopping with us.
- The
cashback will be valid for 90 days from the date of order placed. Check
your Email/ SMS for the actual expiry date of cashback.
- As
per Cashback policy, the user is eligible to avail 70% of the order total,
not more than Rs.1000, can be paid via mihikaarya.
- Check
your cashback amount on www.mihikaarya.com
- Under
no circumstances will you be entitled to withdraw the eligible cashback
amount into your bank account or otherwise ask for a cash withdrawal. The
cashback amount will be applied as a discount for your eligible purchases.
The cashback amount cannot be credited into any pre-paid instrument issued
under applicable RBI laws.
- Mihikaarya
reserves the right to employ reasonable technological and other methods to
prevent abuse of the Offer terms. Further, you acknowledge that Mihikaarya
decision to take certain actions, including limiting access to your offer,
placing holds or imposing reserves, may be based on confidential criteria
that is essential to our management of risk, the security of users’
accounts, comply with applicable laws and the otherwise protect the Mihikaarya
system. You agree that Mihikaarya is under no obligation to disclose the
details of its risk management or its security procedures to you.
Transactions processed through Virtual Cards will not be eligible for this
cashback.
- If
your order is canceled by the payer /refunded by the merchant, Mihikaarya
cashback that has been awarded to your account will be withdrawn.
- In
case of cancellations/ refunds where awarded cashback is used or For
partial cancellations, a refund will be processed as per Mihikaarya
policies.
- In
cases of fraudulent/suspicious transactions, Mihikaarya solely reserves
the right to revoke the cashback offer/ not award the cashback at all.
- In
addition to the above, this offer is also subject to Mihikaarya general
Terms of Use.
- For
all Razor pay cashback related concerns, please reach out to the Razor pay
customer support.
- Cashback
is eligible only on the paid amount. No cashback will be available on the
payment made using Mihikaarya wallet.