Terms and Conditions – Marmelo Beauty index
 

Definitions and Interpretations

For the purpose of these Terms and Conditions, wherever the context so requires, “We”, “Our”, “Company”, and “Us” shall mean and refer to the Capella Wellness Private Limited having its registered address at “No 25, Bharathiyar 2nd Street, Pazhavanthangal, Saidapet, Kanchipuram 600061” and operating the Website (“marmelobeauty.com”). “You”, “Your”, “Yourself”, “User” shall mean and refer to natural and legal individuals who shall be users of this Website provided by us and who are competent to enter into binding contracts, as per law. “Third Parties” refer to any Website, Mobile Application, platform or individual apart from the Users and the operator of this Website. "Marmelo" refers to the brand of Capella Wellness Private Limited and includes the range of cosmetic and personal care products ("Products") offered for sale under this name.

Wherever appropriate in these terms, a singular term shall be construed to mean the plural where necessary, and a plural term the singular. 

By accessing or using the Website, you agree to abide by our Terms and Conditions, Privacy Policy, Refund Policy, Shipping Policy and other policies found on our Website. These collectively constitute our 'Terms and Conditions.' Your use of the Website signifies your understanding and unreserved acceptance of these Terms and Conditions.

General Terms

  • The headings of each section in these Terms and Conditions are only for the purpose of organizing the various provisions under these Terms and Conditions in an orderly manner and shall be used by you to interpret the provisions contained herein in a manner as may apply to you. Further, it is specifically agreed by you that the headings shall have legal or contractual value on your usage of the Website.
  • The use of this Website is solely governed by these Terms and Conditions that may be uploaded on the Website and any modifications or amendments made thereto by us from time to time, at our sole discretion. If you as a user continue to access and use this Website, you are agreeing to comply with and be bound by the following Terms and Conditions
  • You expressly agree that these Terms and Conditions, the Privacy PolicyRefund PolicyShipping Policy and other applicable policies are co-terminus, and the termination/expiration of one will lead to the termination of the others
  • You unequivocally agree that these Terms and Conditions constitute a legally binding agreement between us, and that you shall be subject to the rules, guidelines, policies, terms, and conditions applicable to your use of the Website, and that the same shall be deemed to be incorporated into these Terms and Conditions and shall be treated as part and parcel of the same. You acknowledge and agree that no signature or express act is required to make these Terms and Conditions binding on you and that your act of visiting any part of the Website constitutes your full and final acceptance of these Terms and Conditions
  • We reserve the sole and exclusive right to amend or modify these Terms and Conditions without any prior permission or intimation to you, and you expressly agree that any such amendments or modifications shall come into effect immediately. If you do not adhere to the changes, You must stop using the Website at once. Your continued use of the Website will signify your acceptance of the changed terms.

Products and Services for Personal Use

The products and services described on this 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 Terms and Conditions.

Accuracy of Information

We strive for accuracy in describing our products on the website. However, we do not guarantee that product descriptions, colors, information, or other content available on the website are entirely accurate, complete, reliable, current, or error-free, to the extent permitted by applicable law.

Eligibility

The user should have completed 18 years of age and be competent to enter into a contract under Indian contract law. Any user under 18 years of age who is intending to avail the services of the Website should do so through his or her legal guardian  in accordance with applicable law.     

If any person is using the Website on behalf of any corporation, company, institution, association or other entity, the person should be authorized by such corporation, company, institution, association or other entity to use and access the Website. 

We reserve the right to refuse access to use the services offered at the Website to new users or to terminate access granted to existing users at any time without providing any reasons for doing so.

Registration and checkout

Registration on the Platform is mandatory for Users of the Website. The Users can register by providing the following information:

  • Name
  • Email ID
  • Contact number
  • Social media accounts (Google, Facebook)

During checkout the Website or Payment gateway shall additionally ask you to furnish the following details in order to fulfill your request:

  • Name
  • Email ID
  • Contact number
  • Billing address
  • Payment credentials

Description of Products and Services

Marmelo provides its Users with various personal care products and cosmetic products. We attempt to be as accurate as possible when describing its products on the Website. However, except to the extent implied by applicable law, Marmelo does not warrant that the product descriptions, colors, information or other contents available on the Website are accurate, complete, reliable, current, or error-free. For more detailed information refer our product refund policy.

Payment Gateway

To complete payments for products and/or services purchased on our Website, you will be redirected to a third-party payment gateway, and be subject to their Terms and Conditions. The payment gateway may seek additional information from you and apply relevant charges for processing the payment. You are bound by the respective payment gateway’s Terms and Conditions and other Policies concerning all payment-related matters. Please be aware that while the payment gateway handles transactions, it does not govern refund processes. Refund-related inquiries or disputes should be directed according to our Refund Policy, distinct from the terms and conditions of the payment gateway.

Product User Disclaimer

Marmelo’s cosmetic and personal care products are meant for external use only.

Pricing and Availability

In the event a product or service is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product/service information received from our suppliers, we shall have the right to refuse or cancel any orders placed for product/service listed at the incorrect price. We shall have the right to limit the quantity of the product/service that you may purchase. In the event of the change in pricing information, the revised order shall be reflected on the website.

Billing and Account Information

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made.

Content

Within the Website ecosystem, two types of content are prevalent, each serving distinct purposes:

User-Generated Content (“UGC”) and Company-Provided Content:

User-Generated Content encompasses contributions, interactions, or feedback provided voluntarily by users of the Website. This category includes but is not limited to text, images, videos, comments, reviews, or any other content created by users during their engagement with the Website. Users may share their opinions, experiences, or reviews regarding products and services offered on the Website.

Company-Provided Content refers to all information, text, images, descriptions, product details, policies, and materials provided directly by Us.

Responsibility for Content:

  • User Responsibility: You are solely responsible for the integrity, authenticity, quality, and genuineness of the content you provide on the Website. 
  • Third-Party Content: We are not responsible for the content or comments made by other users or any content on the Website that is not generated by us.
  • Content Guidelines: Certain guidelines and policies govern the submission of User-Generated Content. Content that violates these guidelines may be moderated or removed at our discretion. For detailed protocols on posting content, please refer to the "User Obligations and Formal Undertakings as to Conduct" section in our Terms and Conditions.

Ownership and Usage of Content:

  • User-Generated Content (UGC): Users contribute content voluntarily, granting us a license to utilize it for the following purposes,
  1. Displaying user reviews and testimonials on the website.
  2. Promoting products or services through social media channels or marketing materials.
  3. Enhancing user experience by featuring user-generated content in website galleries or showcases.
  4. Conducting analysis and research to improve our products or services.
  5. Responding to user inquiries or feedback.
  6. Complying with legal requirements or obligations.
  • We own and control all content provided directly by us on the website. User-generated content is contributed voluntarily by users, granting us a license to utilize it for various purposes per our terms described above.
  • Responsibility for Losses: Users are solely responsible for any financial or legal losses incurred due to their consumption of content on the website, whether User-Generated or Company-Provided Content. We do not assume liability for any such losses.
  • Access to Website Content: You have a personal, non-exclusive, non-transferable, revocable, limited privilege to access the website content. You shall not copy, adapt, or modify any content without written permission from Us.

Intellectual Property

The content, design, and intellectual property rights pertaining to the Website, including, but not limited to, text, graphics, logos, and images, are either owned by us or licensed to us. Without our prior written consent, you are strictly prohibited from utilizing, reproducing, or distributing any content from the Website.

We strive to provide accurate and up-to-date information on the Website, but we cannot guarantee the completeness or accuracy of the content. We reserve the right to update, modify, or remove any content on the Website at any time without prior notice.

While we make every effort to ensure the quality and accuracy of the content provided on the Website, we cannot be held liable for any financial or legal losses incurred as a result of your use of the content. You agree that your use of the content is at your own risk and that you are solely responsible for any consequences arising from reliance on the information provided.

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:

  • Frame or utilize framing techniques to enclose the website or any portion thereof.
  • Republish, redistribute, transmit, sell, license, or download the website or any Content (except caching or as necessary to view the website).
  • Make any use of the website or any Content other than personal use.
  • Modify, reverse engineer, or create any derivative works based upon the website or any Content.
  • Collect account information for the benefit of yourself or another party.
  • Use any meta tags or any other “hidden text” utilizing any Content.
  • Use software robots, spiders, crawlers, or similar data gathering and extraction tools or take any other action that may impose an unreasonable burden on our infrastructure.

We also grant you a limited, revocable, and nonexclusive license to create a hyperlink to the homepage 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 of the 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 Terms and Conditions.

User obligations and formal undertakings as to conduct

You agree and acknowledge that you are a restricted user of this Website, you:

  • Agree to provide genuine credentials during the process whenever required on the Website. You shall not use a fictitious identity. We are not liable if you have provided incorrect information.
  • Agree to ensure the Name, Email address, Contact number, and any other information that may be provided is valid at all times and shall keep your information accurate and up to date.
  • You agree that You are solely responsible for maintaining the confidentiality of your account. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any or no reason.
  • Understand and acknowledge that the data submitted is manually entered into the database of the Website. You also acknowledge that data entered into the database is for easy and ready reference for You and to streamline the Services through the Website.
  • Authorize the Website to use, store or otherwise process certain personal information and all published Content, responses, locations, User comments, reviews, and ratings for personalization of Services, marketing, and promotional purposes and for optimization of User-related options and Services.
  • Understand and agree that, to the fullest extent permissible by law, the Website or any of their affiliates or their respective officers, directors, employees, agents, licensors, representatives, operational service providers, advertisers or suppliers shall not be liable for any loss or damage, of any kind, direct or indirect, in connection with or arising from the use of the Website or these Terms and Conditions, including, but not limited to, compensatory, consequential, incidental, indirect, special or punitive damages.
  • Are bound not to cut, copy, modify, recreate, reverse engineer, distribute, disseminate, post, publish or create derivative works from, transfer, or sell any information or obtained from the Website. Any such use/limited use of the Website will only be allowed with the prior express written permission.
  • Agree not to access (or attempt to access) the Website and/or the materials or Services by any means other than through the interface provided by the Website. The use of deep-link, robot, spider or other automatic devices, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website and or its content, or in any way reproduce or circumvent the navigational structure or presentation of the Website, materials or any content, or to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website will lead to suspension or termination of your access to the Website. We disclaim any liabilities arising concerning such offensive content on the Website.
  • Expressly agree and acknowledge that we do not own the Content generated by the Users and displayed on the Website and that We are in no way responsible for the content of the same. You may, however, report any offensive or objectionable content, which We may then remove from the Website, at our sole discretion.

You further undertake not to:

  • Engage in any activity that interferes with or disrupts access to the Website or the services provided therein (or the servers and networks which are connected to the Website );
  • Impersonate any person or entity, or falsely state or otherwise misrepresent his/her affiliation with a person or entity;
  • Probe, scan or test the vulnerability of the Website or any network connected to the Website , nor breach the security or authentication measures on the Website or any network connected to the Website . The User may not reverse look-up, trace or seek to trace any information relating to any other User of, or visitor to, the Website , or any other viewer of the Website , including any User account maintained on the Website not operated/managed by the User, or exploit the Website or information made available or offered by or through the Website , in any manner;
  • Disrupt or interfere with the security of, or otherwise cause harm to, the Website , systems resources, accounts, passwords, servers, or networks connected to or accessible through the Website or any affiliated or linked Website s.
  • Use the Website or any material or content therein 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 this Website or any other third party(s);
  • Violate any code of conduct or guideline which may apply for or to any particular service offered on the Website;
  • Violate any applicable laws, rules, or regulations currently in force within or outside India;
  • Violate any portion of these Terms and Conditions, including but not limited to any applicable additional terms of the Website contained herein or elsewhere, whether made by amendment, modification, or otherwise;
  • Commit any act that causes Us to lose (in whole or in part) the Services of its Internet Establishment ("ISP") or in any manner disrupts the Services of any other supplier/service provider of the Website ;
  • You hereby expressly authorize Us to disclose any and all information relating to You in our possession to law enforcement or other government officials, as We may in our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those involve personal injury and theft/infringement of intellectual property. You further understand that the Website might be directed to disclose any information (including the identity of persons providing information or materials on the Website ) as necessary to satisfy any judicial Order, law, regulation or valid governmental request.
  • By indicating Your acceptance to use any services offered on the Website , You are obligated to complete such transactions after making payment. You shall be prohibited from indicating their acceptance to avail services where the transactions have remained incomplete.
  • You agree to use the services provided by Us, our affiliates, consultants, and contracted companies, for lawful purposes only.
  • You agree to provide authentic and true information. We reserve the right to confirm and validate the information and other details provided by You at any point in time. If upon confirmation such details are found to be false, not to be true (wholly or partly), We shall in our sole discretion reject the order and debar You from using the Website without prior intimation whatsoever.
  • You agree not to post any material on the Website that is defamatory, offensive, obscene, indecent, abusive, or needlessly distressful or advertising any goods or services.

Suspension of User Access and Activity

Notwithstanding other legal remedies that may be available, we may in our sole discretion, limit your access and/or activity by immediately removing your access credentials either temporarily or indefinitely, or suspend/terminate your association with the Website, and/or refuse to the usage of the Website, without being required to provide you with notice or cause:

  • If you are in breach of any of these Terms and Conditions;
  • If you have provided wrong, inaccurate, incomplete, or incorrect information;
  • If your actions may cause any harm, damage or loss to the other Users or Us, at our sole discretion.

Third-Party Links 

We are not responsible for the content of any off-website pages or any other websites linked to or from our website. Links appearing on our website are for convenience only and should not be construed as an endorsement by us of the content, products, services, or suppliers referenced on those external websites. Your decision to link to or visit any off-website pages or other websites is entirely at your own risk. We do not undertake to examine or evaluate these external websites, and we do not warrant the offerings presented on them. Consequently, we assume no responsibility or liability for the actions, content, products, or services of these external pages and websites. This includes, but is not limited to, their privacy policies and terms and conditions. We strongly recommend that you carefully review the terms and conditions and privacy policies of all off-website pages and other websites that you choose to visit.

Special Features, Functionality, and Events

Our website may offer certain special features, functionality, or events (such as contests, promotions, or other offerings) that may be subject to terms of use, rules, and/or policies in addition to or instead of these Terms and Conditions. These offerings may be provided by us or by third parties. If additional terms, rules, and/or policies apply to these offerings, we will notify you accordingly. If you decide to participate in these offerings, you agree that your use of them will be governed by such additional or separate terms of use, rules, and/or policies.

Submissions

While our policy is to generally decline unsolicited suggestions and ideas, we want you to know that we value your input. Any inquiries, feedback, suggestions, ideas, or other information you provide us (collectively, “Submissions”) will be treated as non-proprietary and non-confidential. When you transmit or post any Submission, you grant us the right to use, reproduce, modify, adapt, translate, publish, license, distribute, sell, or assign the Submissions for various purposes, which may include developing, manufacturing, distributing, and marketing products.

Copyright Complaints

We respect intellectual property rights. If you believe copyrighted materials have been copied in a way that constitutes copyright infringement, please notify us at info@marmelobeauty.com with the required information.

Representations and Warranties and Limitation of Liability

Website Liability

  • "As Is" Disclaimer: We make no representations or warranties of any kind, express or implied, in connection with these terms and conditions or the site.
  • Limitation of Liability: We are not liable for any direct, indirect, special, punitive, or consequential damages related to the website or your use thereof, to the fullest extent permitted by law.

Product Liability

At Marmelo, precautions are taken to render our products absolutely safe for human use, however it is possible that certain ingredients may cause allergic reactions to certain individuals or adversely affect individuals with pre-existing medical conditions. 

We will not be responsible or liable for any individual reaction, including, but not limited to, allergic reactions or adverse effects due to the usage of our products. 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. Each product sold through the Website includes a complete list of ingredients.  People with sensitivities to any listed ingredient should not use the product. We always recommend a patch test or seeking proper precaution/professional medical advice before using any of our products that You may be allergic to. 

Any information provided by us regarding the products or otherwise (e.g. benefits of ingredients or usage instructions) is for informational purposes only. You should not take any action solely based upon any information contained on the Website.

General Liability

You expressly understand and agree that We shall not be liable to You or any third party for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for personal injury, harm, loss of profits, goodwill, use, data, or other intangible losses resulting from:

  • The Use or Inability to Use the Service: The term "Service" as used in these terms and conditions refers to the entirety of the features, functions, and resources provided in our website, including but not limited to e-commerce services, informational content, user accounts, customer support, interactive features, data management, and technical support.
  • Unauthorized Access to or Alteration of Your Material or Data: This includes any unauthorized access to user accounts or alterations to user-generated content and data as part of the Service.
  • Any Other Matter Relating to the Service or the Website: This covers any issues or damages related to the use of the Service or the website, including but not limited to technical issues, data breaches, or interactions with other users.

Indemnification

You agree to defend, indemnify, and hold us harmless for any loss, damages, or costs, including reasonable attorneys’ fees, resulting from any third-party claim, action, or demand resulting from your use of Marmelo's products, the Website 'marmelobeauty.com,' or breach of these Terms and Conditions

Disputes

Any dispute related to your use of the website shall be governed by the laws of India and the courts of Chennai, India shall have exclusive jurisdiction. Arbitration may also be used, subject to applicable law.

Consent to Receive Notices Electronically

You consent to receive Notices electronically, including email or posting on the website. Any communications from us electronically meet any legal requirements for written communication.

Termination

  • In its sole discretion, we reserve the right to unilaterally terminate Your access to the Website, or any portion thereof, at any time, without notice or cause.
  • We also reserve the universal right to deny access to You, to any/all of are on its Website without any prior notice/explanation to protect the interests of the Website and/or other Users to the Website.
  • We reserve the right to limit, deny or create different access to the Website and its features concerning different Users, or to change any of the features or introduce new features without prior notice.
  • You shall continue to be bound by these Terms and Conditions, and it is expressly agreed to by You that You shall not have the right to terminate these Terms and Conditions until the same expires.

Miscellaneous Provisions

These Terms and Conditions constitute the complete and exclusive agreement between us concerning your use of the website. 

We reserve the right, in our sole discretion, to change these Terms and Conditions at any time by posting the changes on the website. Any changes are effective immediately upon posting to the Site. Your continued use of the website thereafter constitutes your agreement to all such changed Terms and Conditions. We may, with or without prior notice, terminate any of the rights granted by these Terms and Conditions. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the website.

Nothing contained in these Terms and Conditions 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 Terms and Conditions 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 Terms and Conditions unenforceable or invalid as a whole but these Terms and Conditions 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 or concerns, please email us at info@marmelobeauty.com


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