Terms & Conditions
PLEASE READ THESE TERMS AND CONDITIONS (“T&C”) CAREFULLY. BY ACCESSING, BROWSING, USING WWW.MEMAWCARE.COM OR ANY OTHER WEBSITE, MOBILE VERSION OF THE WEBSITE OR MOBILE APPLICATION (THE TOGETHER “WEBSITE”) OR AVAILING ANY OF THE PRODUCTS OF MEMAW CARE (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
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 endeavor to be as accurate as possible. To the extent implied by applicable law, we do not warrant that the Product descriptions, color's, 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.
When you use any of Memaw service, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail / text message. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included in or made available through any of the availed service, such as text, graphics, logos, button icons, images, audio clips and data compilations is the property of Memaw care or its content suppliers and shall be protected and governed by laws of the land in India. All unwarranted copies of content is strictly prohibited and illegal.
In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any service are trademarks or service mark of Memaw care or it’s affiliates or it’s content suppliers but you by availing of the services does not get any right for copying or using the same.
YOU’RE LOGIN ACCOUNT:
If you register yourself with the portal, you are responsible for maintaining the confidentiality of your account information and password and for restricting access to your computer. You agree to accept responsibility of authencity of the information and for all activities that occur under your account or password. However, Memaw care reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion with no damage or demure payable to you.
RISK OF LOSS:
All items purchased through electronic mode through this website are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier (shipping partner) for dispatch.
DISCLAIMER OF WARRANTIES
Your use of the Website and/or Products are at your sole risk. The Website and the Products are offered on an “as is” and “as available” basis. The Company expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement with respect to the Products or Website content, or any reliance upon or use of the Website content or Products.
Without limiting the generality of the foregoing, the Company makes no warranty:
that the information provided on this Website is accurate, reliable, complete, or timely;
that the links to third-party websites are to information that is accurate, reliable, complete, or timely;
no advice or information, whether oral or written, obtained by you from this Website will create any warranty not expressly stated herein;
as to the results that may be obtained from the use of the Products or that defects in the Products will be corrected; and
regarding any Products purchased or obtained through the Website.
The inclusion of any Products or offers on the Website at a particular time does not imply or warrant that the Products or offers will be available at any time.
The Company shall have the right, at any time, to change or discontinue any aspect or feature of the Website, including, but not limited to, content, hours of availability and equipment needed for access or use. Further, the Website may discontinue disseminating any portion of information or category of information. The Company does not accept any responsibility and will not be liable for any loss or damage whatsoever arising out of or in connection with any ability/inability to access or to use the Website.
LIMITATION OF LIABILITY
The Company takes no liability or exclusive remedy, in law, in equity, or otherwise, with respect to the Website content and Products and/or for any breach of this T&C. The Company will not be liable for any direct, indirect, incidental, special or consequential damages or loss in connection with this T&C or the Products in any manner, including liabilities resulting from (a) the use or the inability to use the Website content or Products or allied services; (b) the cost of procuring substitute the Products or content; (c) any Products purchased or obtained or transactions entered into through the Website; or (d) any lost profits you allege, even if we have been advised of the possibility of such damages and in no event shall our maximum aggregate liability exceed.
You agree that, to the fullest extent permitted by applicable law, neither the Company nor our affiliates, partners, or licensors will 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 Website; (c) data non-delivery, loss, theft, 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 third party website links on the Website; (e) viruses, system failures or malfunctions which may occur in connection with your use of the Website, including during hyperlink; (f) any inaccuracies or omissions in content; or (g) events beyond the reasonable control of the Company. We make no representations or warranties that defects or errors will be corrected.
This disclaimer constitutes an essential part of this T&C.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages so some of the above limitations may not apply to you.
Any dispute or claim relating in any way to your use of any Memaw care Products / Service, or to any products or services sold or distributed by Memaw care or through www.memawcare.com will be subject to exclusive jurisdiction of court of Mandsaur.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action.
All product and shipping related concerns will be entertained within 48 hours of delivery only.