This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
Your use of website www.Msagarbatti.com and its services and tools are governed by the following terms and conditions as applicable to the Msagarbatti.com. If you transact on Msagarbatti.com, you shall be subject to the policies that are applicable to the website for such transaction. By mere use of the website you shall be contracting with MELDIMAA SADHIMAA SONS PVT. LTD., a company incorporated under Companies Act, 2013 with registered office at M.S. Agarbatti, A31, GIDC Rd, GIDC Electronic Estate, Sector 25, Gandhinagar, Gujarat-382025, India and these terms and conditions constitute your binding obligations.
For the purpose of these terms and conditions, wherever the context so require ‘You’ shall mean any natural or legal person who has agreed to become a member of the Website by providing Registration Data while registering on the Website as Registered User using the computer systems of the Msagarbatti.com.
When you use any of the services provided by the Msagarbatti.com, including but not limited to, (e.g., Customer Reviews), you will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this Terms and Conditions and shall be considered as part and parcel of this Terms and Conditions. Msagarbatti.com reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms and Conditions, at any time. It is your responsibility to check these Terms and Conditions periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms and Conditions, Msagarbatti.com grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.
Accessing, Browsing or otherwise using the site indicates your agreement to all the terms and conditions in this agreement, so please read this agreement carefully before proceeding.
Use of the Msagarbatti.com Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Msagarbatti.com Website. If you are a minor i.e. under the age of 18 years, you shall not register as a member of the Msagarbatti.com and shall not transact or use Msagarbatti.com website. If you do not qualify, please do not use our services. Msagarbatti.com reserves the right to terminate your membership and refuse to provide you with access to the Msagarbatti.com if it is brought to Msagarbatti.com‘s notice or if it is discovered that you are under the age of 18 years.
Your Account and Registration Obligations
If you use Msagarbatti.com, you shall be responsible for maintaining the confidentiality of your User ID and Password and you shall be responsible for all activities that occur under your User ID and Password. You agree that if you provide any information that is untrue, inaccurate, not current or incomplete or Msagarbatti.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the this Terms and Conditions, Msagarbatti.com has the right to indefinitely suspend or terminate or block access of your membership with Msagarbatti.com and refuse to provide you with access to the Website.
When you use the website or send emails or other data, information or communication to Msagarbatti.com, you agree and understand that you are communicating with Msagarbatti.com through electronic records and you consent to receive communications via electronic records from Msagarbatti.com periodically and as and when required. Msagarbatti.com may communicate with you by email or by such other mode of communication, electronic or otherwise.
If you are no longer interested in receiving e-mail announcements and other marketing information from us, or you want us to remove any PII (Personally Identifiable Information) that we have collected about you, please e-mail your request to firstname.lastname@example.org.
Use of Website: www.Msagarbatti.com.
You agree, undertake and confirm that your use of Msagarbatti.com shall be strictly governed by the following binding principles:
- You shall not host, display, upload, modify, publish, transmit, update or share any information:
(a) belongs to another person and to which You do not have any right to.
(b) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
(c) misleading in any way.
(d) is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, pedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
(e) harasses or advocates harassment of another person;
(f) involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing or “spamming”;
(g) promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
(h) infringes upon or violates any third party’s rights [(including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person’s name, email address, physical address or phone number) or rights of publicity];
(i) promotes an illegal or unauthorized copy of another person’s copyrighted work (see “Copyright complaint” below for instructions on how to lodge a complaint about uploaded copyrighted material), such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
(j) contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
(l) provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
(m) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
(n) contains video, photographs, or images of another person age 18 or older without his or her express written consent and permission or those of any minor (regardless of whether you have consent from the minor or his or her legal guardian).
(o) tries to gain unauthorized access or exceeds the scope of authorized access (as defined herein and in other applicable Codes of Conduct or End User Access and License Agreements) to the Sites or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Sites or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
(p) engages in commercial activities and/or sales without Msagarbatti.com’ s prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of “virtual” items related to the Sites. Throughout this Terms and Conditions, Msagarbatti.com “prior written consent” means a communication coming from Msagarbatti.com Legal department, specifically in response to your request, and specifically addressing the activity or conduct for which you seek authorization;
(q) solicits gambling or engages in any gambling activity which Msagarbatti.com, in its sole discretion, believes is or could be construed as being illegal;
(r) interferes with another user’s use and enjoyment of the Msagarbatti.com Website or any other individual’s user and enjoyment of similar services;
(s) refers to any website or URL that, in the sole discretion of Msagarbatti.com, contains material that is inappropriate for the Msagarbatti.com Website or any other Website, contains content that would be prohibited or violates the letter or spirit of these Terms and Conditions.
(t) harm minors in any way;
(u) infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen items;
(v) violates any law for the time being in force;
(w) deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
(x) impersonate another person;
(y) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
(z) threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
(aa) shall not be false, inaccurate or misleading;
(ab) shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
(ac) shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers;
- You shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. Msagarbatti.com reserves the right to bar any such activity.
- You shall not attempt to gain unauthorized access to any portion or feature of Msagarbatti.com website, or any other systems or networks connected to Msagarbatti.com Website or to any Msagarbatti.com ‘s server, computer, network, or to any of the services offered on or through Msagarbatti.com Website, by hacking, password “mining” or any other illegitimate means.
- You shall not probe, scan or test the vulnerability of Msagarbatti.com website or any network connected to Msagarbatti.com website nor breach the security or authentication measures on Msagarbatti.com website or any network connected to Msagarbatti.com Website. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to Msagarbatti.com Website, or any other customer of Msagarbatti.com, including any Msagarbatti.com account not owned by you, to its source, or exploit Msagarbatti.com Website or any service or information made available or offered by or through Msagarbatti.com Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by Msagarbatti.com Website.
- You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of Msagarbatti.com Website or Msagarbatti.com’ s systems or networks, or any systems or networks connected to the Msagarbatti.com.
- You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person’s use of the Website.
- You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Msagarbatti.com on or through the Website or any service offered on or through the Website. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
- You may not use the Website or any Content for any purpose that is unlawful or prohibited by these Terms and Conditions, or to solicit the performance of any illegal activity or other activity which infringes the rights of Msagarbatti.com or others.
- From time to time, you shall be responsible for providing information relating to the items or services proposed to be sold by you. In this connection, you undertake that all such information shall be accurate in all respects. You shall not exaggerate or over emphasize the attributes of such items or services so as to mislead other Users in any manner.
- You shall not engage in advertising to, or solicitation of, other users of Msagarbatti.com to buy or sell any products or services, including, but not limited to, products or services related being displayed on Msagarbatti.com or related to Msagarbatti.com. You may not transmit any chain letters or unsolicited commercial or junk email to other users via Msagarbatti.com. It shall be a violation of these Terms and Conditions to use any information obtained from Msagarbatti.com in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person outside of the Msagarbatti.com without Msagarbatti.com’ s prior explicit consent. In order to protect our users from such advertising or solicitation, Msagarbatti.com reserves the right to restrict the number of messages or emails which a user may send to other users in any 24-hour period which Msagarbatti.com deems appropriate in its sole discretion.
- You understand that Msagarbatti.com has the right at all times to disclose any information (including the identity of the persons providing information or materials on the Msagarbatti.com Website) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, we can (and you hereby expressly authorize us to) disclose any information about you to law enforcement or other government officials, as we, in our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.
- Msagarbatti.com reserves the right, but has no obligation, to monitor the materials posted on Msagarbatti.com website. Msagarbatti.com shall have the right to remove or edit any Content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms and Conditions. Notwithstanding this right of Msagarbatti.com, you remain solely responsible for the content of the materials you post on the Msagarbatti.com website and in your private messages. Please be advised that such Content posted does not necessarily reflect the views of Msagarbatti.com. In no event shall Msagarbatti.com assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content on Msagarbatti.com. You hereby represent and warrant that you have all necessary rights in and to all Content you provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libelous, tortuous, or otherwise unlawful information.
- Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through Msagarbatti.com, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. Msagarbatti.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on Msagarbatti.com.
- It is possible that other user (including unauthorized users or “hackers”) may post or transmit offensive or obscene materials on Msagarbatti.com and that you may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about you due to your use of Msagarbatti.com, and that the recipient may use such information to harass or injure you. Msagarbatti.com does not approve of such unauthorized uses but by using the Msagarbatti.com Website you acknowledge and agree that Msagarbatti.com is not responsible for the use of any personal information that you publicly disclose or share with others on Msagarbatti.com. Please carefully select the type of information that you publicly disclose or share with others on Msagarbatti.com.
- Msagarbatti.com shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of People, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).
Contents Posted on Site
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Msagarbatti.com is owned, controlled or licensed by or to Msagarbatti.com, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
Except as expressly provided in these Terms and Conditions, no part of the Msagarbatti.com and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without Msagarbatti.com’s express prior written consent.
You may use information on Msagarbatti.com products and services purposely made available by Msagarbatti.com for downloading from the Site, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.
Msagarbatti.com does not take responsibility or liability for the actions, products, content and services on Msagarbatti.com website, which are linked to Affiliates and / or third party websites using Msagarbatti.com APIs or otherwise. In addition, Msagarbatti.com may provide links to the third party websites of affiliated companies and certain other businesses for which, Msagarbatti.com assumes no responsibility for examining or evaluating the products and services offered by them, and Msagarbatti.com does not warrant the offerings of, any of these businesses or individuals or the content of such third party website(s). Msagarbatti.com does not in any way endorse any third party website(s) or content thereof
Msagarbatti.com welcomes links to this site. You may establish a hypertext link to Msagarbatti.com website, provided that the link does not state or imply any sponsorship or endorsement of your site by Msagarbatti.com. You must not use on your site or in any other manner any trademarks, service marks or any other materials appearing on the Msagarbatti.com, including any logos or characters, without the express written consent of Msagarbatti.com and the owner of the mark or materials. You must not frame or otherwise incorporate into another third party website or present in conjunction with or juxtaposed against such a website any of the content or other materials on the Msagarbatti.com website without Msagarbatti.com’s prior written consent.
Disclaimer of Warranties and Liability
This website, all the materials and products (including but not limited to software) and services, included on or otherwise made available to you through this site are provided on Msagarbatti.com on “as is” and “as available” basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, Msagarbatti.com does not warrant that:
- This website will be constantly available, or available at all; or
- The information on this website is complete, true, accurate or non-misleading.
Msagarbatti.com will not be liable to you in any way or in relation to the contents of, or use of, or otherwise in connection with, Msagarbatti.com website.
Msagarbatti.com does not warrant that this site; information, content, materials, product (including software) or services included on or otherwise made available to you through Msagarbatti.com website; their servers; or electronic communication sent from Msagarbatti.com are free of viruses or other harmful components.
Nothing on Msagarbatti.com constitutes, or is meant to constitute, advice of any kind.
All the products sold on Msagarbatti.com are governed by different state laws and if Msagarbatti.com is unable to deliver such products due to implications of different state laws, Msagarbatti.com will return or will give credit for the amount received by Msagarbatti.com from the sale of such product that could not be delivered to you.
You will be required to enter a valid phone number and mail Id while placing an order on Msagarbatti.com. By registering your phone number and mail Id with us, you consent to be contacted by Msagarbatti.com via phone calls and / or SMS notifications/ e mails, in case of any order or shipment or delivery related updates. Msagarbatti.com may also use your personal information to initiate any promotional emails and/or SMS’.
While availing any of the payment method/s offered at Msagarbatti.com, Msagarbatti.com will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to you due to:
- 1. Lack of authorization for any transaction/s,
- 2. Or Exceeding the preset limit mutually agreed by you and between your “Bank/s”,
- 3. Or Any payment issues arising out of the transaction,
- 4. Or Decline of transaction for any other reason/s.
All payments made against the purchases/services on Msagarbatti.com by you shall be compulsorily in Indian Rupees acceptable by the Union of India. Msagarbatti.com does not accept any other form of currency with respect to the purchases made on Msagarbatti.com.
Without limiting other remedies, Msagarbatti.com may limit your activity, immediately remove your information, warn other Users of your actions, immediately temporarily/indefinitely suspend or terminate or block your membership, and/or refuse to provide you with access to the Msagarbatti.com website in the event, but not limited to:
- If Msagarbatti.com is unable to verify or authenticate any information you provide; or
Fraudulent /Declined Transactions
Msagarbatti.com reserves the right to recover the cost of goods, collection charges and lawyers fees from persons using the Site fraudulently. Msagarbatti.com reserves the right to initiate legal proceedings against such persons for fraudulent use of the Site and any other unlawful acts or acts or omissions in breach of these terms and conditions.
This Agreement shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall be exclusively in Mysore.
Trademark, Copyright and Restriction
This site is controlled and operated by Msagarbatti.com. All material on this site, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights that are owned and controlled by us or by other parties that have licensed their material to us. Material on Msagarbatti.com web site owned, operated, licensed or controlled by us is solely for your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by e-mail or other electronic means and 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 networked computer environment 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. Any use for which you receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.
We at Msagarbatti.com 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 email@example.com.
Risk of loss
All items purchased from Msagarbatti.com 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.
Msagarbatti.com tries to be as accurate as possible. However, Msagarbatti.com does not warrant that product description or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Msagarbatti.com itself is not as described, your sole remedy is to return it in unused condition.
Prices for products are described on our Website and are incorporated into these Terms by reference. All prices are in Indian rupees. Prices, products and Services may change at the discretion of Msagarbatti.com.
Returns / Replacement
Considering the nature of products that are on offer on the website, Msagarbatti.com does not offer return of the products once the order is accepted via e mail to your valid e mail Id,
Msagarbatti.com offers you a replacement of goods purchased on Msagarbatti.com which means that you can ask for replacement of the product/s subject to following terms and conditions:
- You can ask for replacement of product/s within 7 days of product delivery to you in case of any defect found in the product and the same product/s will be shipped to you as a replacement for the defective product/s.
- Replacement is offered for the product/s sold by Msagarbatti.com ONLY.
Apart from condition reserved herein above, the following products shall not be eligible for return or replacement if:
- Any product that exhibits physical damage to the box or to the product;
- Any product that is returned without all original packaging and accessories, including the retail box, manuals, cables, and all other items originally included with the product at the time of delivery;
- Any product without a valid, readable, un-tampered serial number, including but not limited to products with missing, damaged, altered, or otherwise unreadable serial number;
- Any product from which the EAN (International article Number) has been removed from its original packaging.
Disclaimer: “Any decision on replacement on the product/s sold by Msagarbatti.com is at the sole discretion of Msagarbatti.com and decision of Msagarbatti.com shall be final and binding. Msagarbatti.com reserves the right to withdraw from replacement guarantee at any time without giving any intimation of whatsoever nature.”
Due to continuous improvements in product quality, the actual item/product may occasionally differ from that illustrated or specified.
Not responsible for any omissions, typographical errors of descriptions and/or prices.
Cancellation of order
Msagarbatti.com reserves the right to cancel any order without any explanation for doing so, under situation where Msagarbatti.com is not able to meet the requirement of the order placed or order so placed/cancelled does not comply with the Msagarbatti.com policy or for any other reason. However, Msagarbatti.com will ensure that any communication of cancellation of an order, so cancelled, is intimated within appropriate time to the concerned person and any applicable refund will be made in a reasonable time.
Cancellations by the Customer
In case we receive a cancellation request and the order has not been shipped by us, we shall cancel the order and refund the entire amount. The orders that have already been shipped out by us will not be cancelled and you will have to check our return policy on those orders. In case of customized products, no cancellations are allowed once the ordered item has been taken up for production. The customer agrees not to dispute the decision made by Msagarbatti.com and accept Msagarbatti.com decision regarding the cancellation.
Limitation of Liability
In no event shall Msagarbatti.com be liable for any lost profits or special, incidental, indirect, exemplary or consequential damages of any kind including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses in connection with this agreement, even if Msagarbatti.com has been informed in advance of the possibility of such damages