Terms Of Use - Innesa Perfumes

TERMS AND CONDITIONS OF USE

The domain [webSite name.com] is owned by MESO Private Limited (hereinafter referred to as “MESO”). These Terms of Use constitute a legally binding agreement made between You, whether personally or on behalf of an entity, and MESO. These terms specifically concern Your access to and use of the website [website name.com] as well as any other media form, media channel, mobile webSite or mobile application related, linked, or otherwise connected thereto (hereinafter collectively referred to as the “Site”). Your use of the Site and all or any features provided in the Site are governed by the terms and conditions mentioned hereinbelow (hereinafter referred to as the “Terms”). You agree that by accessing the Site, You have read, understood, and agree to be bound by all of the Terms. If You do not agree with all of the Terms, then You are expressly prohibited from using the Site and You must discontinue use immediately.

CHANGES

These Terms are subject to change from time to time. MESO reserves the right, in its sole discretion, to make changes or modifications to these Terms at any time and for any reason. You are, therefore, requested to refer to these Terms from time to time to apprise Yourself of any changes being made. Such changes will automatically be deemed to be notice of change given to You. It is Your responsibility to periodically review these Terms to stay informed of updates and it is deemed that You have made Yourself aware of and have accepted the changes. Your continued use of the Site will mean that You unconditionally accept and agree to the revisions.

MESO is the Owner of the trade mark “Odeon” and the various other trade marks mentioned on the Site.

As a User of the Site and its services You are contracting with MESO through these Terms.

ELIGIBILITY

The information provided on the Site is intended only for India and is not intended for distribution to or use by any person or entity in any other jurisdiction or country or where such distribution or use would be contrary to law or regulation or which would subject us to any restriction or registration requirement within such jurisdiction or country. Those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

The Site is intended for users who are at least 18 years of age and who are competent to contract under the provisions of the Indian Contract Act, 1872. If You are incompetent to contract You cannot use this Site. If You are a minor, You may use this Site only with the involvement of a parent or a guardian.

CHANGES TO THE SITE

MESO is under no obligation to update its Site or any of its contents, but at the same time it is entitled to make any changes to the Site and update its contents at any time, as it pleases, without prior notice, to optimise and improve Your experience. MESO will take all care to ensure that the Site is free from errors, glitches or omissions but in no way guarantees that the Site will be free from errors, glitches or omissions.

USER REGISTRATION AND SECURITY

Shoppers have to register and login for placing orders on the Site. As part of the registration process on the Site, MESO may collect personally identifiable information about You including the following information: Name including first and last name, alternate email address, mobile number and contact details, postal code, demographic profile (like age, gender, occupation, education, address etc.) and information about the pages on the Site You visit/access, the links You click on the Site, the number of times You access the page and any such browsing information.

You agree that the information provided by You upon registration and at all times thereafter will be true, accurate, current, and complete. You agree to maintain and update this information to keep it true, accurate and complete at all times while using the Site and availing the services. You also acknowledge that the information You provide, in any manner whatsoever, is not confidential or proprietary and does not infringe any rights of a third party in whatsoever nature.

The personal information / data provided to MESO by You during the course of usage of the Site will be treated as strictly confidential and in accordance with MESO’s Privacy Policy and applicable laws and regulations. Please refer the MESO’s Privacy Policy at __________ to understand how MESO uses personal information.

You shall be responsible for maintaining the confidentiality of Your login ID and Password and preventing unauthorized access into Your profile. You shall be responsible for all activities that occur under Your Login ID and You hereby accept Your responsibility for all activities that occur under Your Login ID and Password.

You agree:

To immediately notify MESO of any unauthorized use / breach of Your password or account or where You have reason to believe that Your account may be used in an unauthorized manner; and
To ensure that You exit from Your account at the end of each session;
That you shall not systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory;
Not to make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretences;
Not to circumvent, disable, or otherwise interfere with security-related features of the Site;
Not to interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site;
Not to engage in unauthorized framing of or linking to the Site;
Not to engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools;
Not to attempt to impersonate another user or person or use the username of another user;
Not to upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site;
Not to copy or adapt the Site’s software, content or other material on the website;
Not to disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site;
Not to harass, annoy, intimidate, or threaten any of our employees or agents

You agree that if You provide any information that is untrue, inaccurate, not current or incomplete, MESO shall have the right to indefinitely suspend or terminate or block access of the Site to You.

If You are accessing, browsing, and using the Site or availing the services on someone else’s behalf, You represent that You have the authority to bind that person to all the terms and conditions herein. In the event that the person refuses to be bound as the principal to these Terms, You agree to accept liability for any harm cause by any wrongful use of the Site resulting from such access or use of the Site in whatsoever nature. In such cases, in addition to any other legal steps that MESO may be obliged to initiate against You, MESO reserves the right to bar You from accessing the Site at all times.

PRODUCTS, PRICING AND PAYMENTS

MESO makes all efforts to provide correct and accurate pictures, colour, product description, information and pricing and other information regarding its products on the Site. It is possible that at times errors may creep in. In such cases, MESO will correct the error as soon as it is brought to their notice. If any product is listed at a price that is incorrect, MESO reserves its right to cancel the order placed by You for that product. MESO shall intimate You of the same and reverse any payment, if already made, to Your account. All prices, availability of products and descriptions of products on the Site are subject to revision or change at anytime at the sole discretion of MESO.

If MESO or its delivery partner is unable to deliver any product to You for whatever reason, Your order will be automatically cancelled and You will be intimated about the same and any payment made by You towards the said order shall be refunded to You. MESO and its delivery partners shall not be liable for any damages in such an event owing to cancellation of the order or delay in delivery.

MESO makes every effort to display the accurate colours of products as far as possible. However, the actual colours may vary to a certain extent on the display of Your device and MESO cannot guarantee that Your device will display the colour accurately.

MESO does not guarantee that the product description, colour and other information provided on the Site is complete, accurate or error free and it is likely that errors or inaccuracies may creep in. The product pictures, description, colours and other information are only indicative and may differ from the actual product.

You agree to do a small patch test on your hand of the product before using it to avoid any adverse reaction, MESO shall not be liable for the same.

MESO has made this Service available to the Applicant as a matter of convenience. MESO expressly disclaims any claim or liability arising out of the provision of this Service.

MESO has appointed Razorpay as the money gateway to collect payments from its customers and for that purpose you will be asked to provide certain details including credit card and debit card details for processing your payments. The said information will be transmitted through secure servers of Razorpay. MESO does not retain any financial information or card details of its customers and will not be responsible for data breach through Razorpay. MESO does not make any representation of any kind, express or implied, as to the operation of the Gateway. By accepting/ agreeing to these Terms and Conditions, You expressly agree that your use of the aforesaid online payment Service is entirely at your own risk and responsibility. Razorpay may have its own privacy policy governing storage and retention of your personal information, which may be different from that of MESO. We recommend that You visit their website and review their privacy policy as it relates to safeguarding your personal information collected by them.

You agree that the debit/credit card details provided by You for use of the aforesaid services must be correct and accurate and that You shall not use a debit/ credit card, that is not lawfully owned by You or the use of which is not authorized by the lawful owner thereof. You further agree and undertake to provide correct and valid debit/credit card details.

MESO assumes no liability whatsoever for any monetary or other damage suffered by You, including any consequential damages or loss, direct or indirect, that may be suffered by you on account of: (i) the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Payment Gateway or Services in connection thereto; and/ or (ii) Any interruption or errors in the operation of the Payment Gateway (iii) your credit or debit card or bank account information being used fraudulently or in an unauthorised manner by any person other than by MESO.

CANCELLATION, RETURN & REFUNDS

MESO at its sole discretion reserves its right to cancel any order that it suspect to be fraudulent or any transaction which violates the terms & conditions of using the Site. MESO will maintain a negative list of all fraudulent transactions and customers and will deny access to them or cancel any orders placed by them.

For terms applicable for cancellation, returns and exchanges by customers, please see our policy on the subject at the link ___________________

LIMITED LICENSE TO USE THE SITE

MESO grants You a limited, non-exclusive, non-transferable, non-sublicensable license to access, and make personal and non commercial use of the Site. Any right that is not expressly granted to You under these Terms, is reserved and retained by MESO.

MESO reserves the right, at any time, without notice, and at its sole discretion, to terminate Your license to use the Site and to block and prevent Your access to the Site.

USE OF THE SITE

You agree, undertake and confirm:

That You will use the services provided by the Site for lawful purposes only and comply with all applicable laws and regulations while using and transacting on the Site.
That You are accessing transacting the services available on the Site at Your sole risk.
That the address and other details provided by You are complete, correct and proper.
You shall not use any false address, impersonate any person or entity, or otherwise mislead MESO, in any manner, by sharing multiple or incorrect addresses, e-mail Ids or phone numbers.
That before placing an order You will check the product description carefully.
That You will be liable to reimburse MESO towards any extra cost incurred by MESO for redelivery in the event of non-delivery due to any mistake committed by You.
You shall not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any server, computer, network, or to any of the services offered on or through the Site, by any illegitimate means.
That You are responsible for all data charges incurred by You when You use the Site.
That You agree that any grievance must be filed within 15 days after such grievance arose; failing which, MESO will not be liable to entertain Your grievance.
That You shall not use the Site for disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or objectionable material.
You shall not transmit any material that encourages criminal conduct or breaches any laws, regulations or code of practice.
You shall not try and gain unauthorized access to MESO’s computer systems, or interfere or disrupt their network or Site.
You shall not download or capture any pictures, images, articles, content or matter from MESO’s Site without the express consent of MESO.
You shall not infringe any intellectual property belonging to MESO including its Trade Marks, Copyrights and other works.
You shall neither use any similar framing or use of framing techniques to enclose any intellectual property, or other proprietary information nor use any meta tags or any other “hidden text” utilising Odeon or other trademarks of MESO.
You will comply with all applicable laws, rules and regulations in Your use of the WebSite.
In the event You use the Site for any Prohibited Uses, MESO reserves the right to immediately and without notice, suspend/delete Your account and ban You from accessing Site in future. Your access to and use of the Site is only permissive and is at the sole discretion of MESO.
MESO is entitled to refuse service and/or terminate accounts without prior notice if any of these Terms are violated or if it decides, in its sole discretion, that it would be its best interests to do so. You are solely responsible for all contents that You upload, post, email or otherwise transmit via the Site.

INTELLECTUAL PROPERTY RIGHTS

All intellectual property including the trade marks, logos, designs, slogans, tag lines, artistic works, copyright and related product and service marks and names, appearing on the Site belong to MESO and MESO is the owner and proprietor thereof. The Site is the proprietary property of MESO and all the source codes, databases, functionality, software, website design, audio, video, text, photographs, graphics on the Site are owned and controlled by MESO or licenced to it and are protected under various intellectual property laws of India.

MESO expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content, artistic works and other materials, which appear on the Site and No Licence of any kind or any other right is conferred by access or use of the Site. All rights, including copyright, in this Site are owned by MESO. Any use of the Site or its contents, including copying or storing it in whole or part, other than for Your own personal, non-commercial use is prohibited. You shall not add, alter, modify, distort, distribute or re-post any content appearing on this Site for any purpose.

All references on this Site to any names, marks, products or services of third parties or hypertext links to third party Sites or information are provided solely as a convenience to You and do not in any way constitute or imply that they are endorsed, sponsorsed or recommended by MESO. MESO is not responsible for the content of any third party Sites and does not make any representations regarding the content or accuracy of material on such Sites. If You decide to link to any such third party Sites, You do so entirely at Your own risk. All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of this Site are intended solely for personal, non-commercial use.

All software used on this Site is licensed to MESO or is the property of MESO and protected by Copyright laws. Any use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of any part of the contents of the Site is strictly prohibited. All Contents are intellectual property of MESO and are protected by Indian and international laws. MESO only grants You a non-exclusive limited licence to access and use the Site for personal non-commercial use and nothing more. No part of the Site and no part of its content or trade marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever.

The look and feel of this site (including all button icons, scripts, custom graphics and headers) are the trademarks, service marks and/or trade dress of MESO. These trademarks, service marks and trade dress may not be used, copied or imitated, in whole or in part, without the prior written consent of MESO.

INDEMNITY AND LIABILITY

You agree and hereby indemnify and hold harmless MESO, its subsidiaries, affiliates and its respective officers, directors, agents, third partners and employees from any and all claims, demands, losses, damages, liabilities, costs, expenses or actions including reasonable attorney’s fees, caused by or arising out of claims based upon Your actions or inactions or related to Your use or misuse of the Site, any violation of these terms or any other covenants made by You which may result in any loss or liability to MESO or any third party.

You agree that no claim or action arising out of, or related to, the use of the Site or these terms may be brought by You more than one (1) year after the cause of action relating to such claim or action arises. Further You agree that no claim for refund or exchange or return can by brought beyond the time period mentioned in our policy for this purpose. If You have a dispute with us or are dissatisfied with the Site, termination of Your use of the Site is Your sole remedy. We have no other obligation, liability, or responsibility to You.

Notwithstanding anything to the contrary contained in this terms under any circumstances whatsoever, MESO shall not be liable for any incidental, ancillary, direct, indirect, special or consequential damages including but not limited to lost profits or injury or death, whether in contract or based on any theory of liability.

In no event will MESO or any of its contractors, directors, employees, agents, third party partners, licensors or suppliers’ total liability to You for all damages, liabilities, losses, and causes of action arising out of these terms or use of the Site or Your use or inability to use the Site or for any other reason whatsoever, howsoever caused exceed the amount paid by You, if any, for using the services or Site.

While we have taken precautions to avoid inaccuracies in content, this Site, all content, information (including the prices), software, products, services and related graphics are provided as is, without warranty of any kind. You agree that in no event will MESO or its affiliates, directors, employees, agents, licensors, partners, suppliers be liable to You for any special, indirect, incidental, consequential, punitive, reliance, or exemplary damages arising out of Your use of this Site or Your inability to use the Site or use of these terms or for any other reason whatsoever.

MESO does not warrant that the access or usage of the Site will be uninterrupted, timely, secure, or error-free.

MESO shall not be responsible for any loss or damage if it has to discontinue the services or shut down the Site for any reason including in compliance with any law, ruling, order, regulation, requirement or instruction of any Central/State Government or for any other unavoidable reason beyond its control. The participants shall be informed of such discontinuance/ cancellation at the earliest.

This clause shall survive the expiry or termination of these Terms.

PRIVACY POLICY

By using the Site, You agree to our Privacy Policy ___________________. Our Privacy Policy, interalia, sets out the terms on which we process any personal or data that we collect from users of the Site, or which is provided to us by the users.

CANCELLATIONS, REFUNDS AND RETURNS

You may refer to our cancellation, refund and return policy for details at _____________. MESO shall not be liable for any failure to comply with its obligations caused by any pandemic, lockdown, weather conditions, fire, flood, strike, hurricane, industrial dispute, war, hostilities, political unrest, riots, civil commotion, inevitable accidents, acts of God or any other circumstances amounting to Force Majeure.

Reviews, Feedback, Submissions

All reviews, comments, feedback, suggestions and ideas, submitted or offered in connection with Your use of this Site or otherwise shall be and remain the property of MESO. Such disclosure, submission or offer of any Comments shall constitute an assignment to MESO of all worldwide rights, titles and interests in all copyrights and other intellectual properties in such comments, feedback, suggestions and ideas without restriction or reservation and without payment of any compensation to You. MESO is under no obligation to maintain any confidentiality with regards to such comments, feedback, suggestions and ideas.. MESO is also under no obligation to respond to any of Your comments, feedback, suggestions and ideas. You agree that any comments, feedback, suggestions and ideas submitted by You will not violate this policy or the rights of any third party and will not cause injury to any person or entity. You also agree that Your comments, feedback, suggestions and ideas will not in any manner be or contain libellous, scandalous, unlawful, threatening, abusive or obscene material, or contain any software viruses, trojan, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam”. MESO reserves the right to monitor, edit or remove any comments, feedback, suggestions and ideas submitted to the Site.

OBJECTIONABLE MATERIAL

You are aware and fully understand that by using this Site or any services provided on the Site, You may encounter content that may be deemed by some to be offensive, indecent, or objectionable, which content may or may not be identified as such. You agree that MESO and its affiliates shall have no liability to You for any of the content that may be deemed offensive, indecent, or objectionable to You and You agree to use the Site and any service at Your sole risk.

TERMINATION

These terms constitute a valid agreement and are effective unless and until terminated by either You or MESO. You may terminate These terms at any time, provided that You discontinue any further use of this Site. MESO may terminate these Terms at any time and may do so immediately without notice, and accordingly deny You access to the Site. Such termination will be without any liability to MESO . Upon any termination of these Terms by either You or MESO, You must promptly destroy/delete all materials downloaded or otherwise obtained from this Site, as well as all copies thereof. Any termination of the these Terms shall not cancel Your obligation to pay for the product already ordered from the Site or affect any liability that may have arisen under these Terms.

Failure by MESO to take any action against breach of these Terms on any instance shall not preclude it from taking action in respect of the same or other subsequent breach at any other point of time.

None of the provisions of these Terms shall be deemed to constitute a partnership or agency between users and MESO and users shall have no authority to bind MESO in any manner whatsoever

JURISDICTION AND GOVERNING LAW

These terms are governed by and construed in accordance with the prevailing laws in India. All disputes shall be subject to the exclusive jurisdiction of the courts in Mumbai.

MISCELLANEOUS

These Terms and any policies or operating rules posted by us on the Site constitute the entire agreement and understanding between you and MESO. MESO’s failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.

These Terms operate to the fullest extent permissible by law. MESO may assign any or all of its rights and obligations to others at any time. MESO shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond its reasonable control.

If any provision or part of a provision of these Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.

There is no joint venture, partnership, employment or agency relationship created between you and MESO as a result of these Terms or use of the Site. You agree that these Terms will not be construed against MESO by virtue of having drafted them.

You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms.

COMPLAINTS

For any complaint relating to use of the Site You may contact:
MESO Private Limited
Email: