TERMS OF SERVICE AGREEMENT
PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY. BY USING THIS WEBSITE OR ORDERING PRODUCTS FROM THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
This Terms of Service Agreement (the “Agreement”) governs your use of this website, https://eyemantra.in/ (the “Website”), EyeMantra (“Business Name”) a brand of MantraCare Corporation offer of products for purchase on this Website, or your purchase of products available on this Website. This Agreement includes, and incorporates by this reference, the policies and guidelines referenced below. EyeMantra reserves the right to change or revise the terms and conditions of this Agreement at any time by posting any changes or a revised Agreement on this Website. EyeMantra will alert you that changes or revisions have been made by indicating on the top of this Agreement the date it was last revised. The changed or revised Agreement will be effective immediately after it is posted on this Website. Your use of the Website following the posting of any such changes or of a revised Agreement will constitute your acceptance of any such changes or revisions. EyeMantra encourages you to review this Agreement whenever you visit the Website to make sure that you understand the terms and conditions governing use of the Website. This Agreement does not alter in any way the terms or conditions of any other written agreement you may have with EyeMantra for other products or services. If you do not agree to this Agreement (including any referenced policies or guidelines), please immediately terminate your use of the Website.
I. PRODUCTS
Terms of Offer. This Website offers for sale eyecare treatment (the “Products”). By placing an order for Products through this Website, you agree to the terms set forth in this Agreement.
Customer Solicitation: Unless you notify our third party call center reps or direct EyeMantra sales reps, while they are calling you, of your desire to opt out from further direct company communications and solicitations, you are agreeing to continue to receive further emails and call solicitations EyeMantra and its designated in house or third party call team(s).
Opt Out Procedure: We provide 3 easy ways to opt out of from future solicitations. 1. You may use the opt out link found in any email solicitation that you may receive. 2. You may also choose to opt out, via sending your email address to: [email protected]
3. You may send a written remove request to A1/10, A1 Block, Block A, Paschim Vihar, West Delhi-110063.
Proprietary Rights. EyeMantra has proprietary rights and trade secrets in the Products. You may not copy, reproduce, resell or redistribute any Product manufactured and/or distributed by EyeMantra. EyeMantra also has rights to all trademarks and trade dress and specific layouts of this webpage, including calls to action, text placement, images and other information.
Taxes. If you purchase any Products, you will be responsible for paying any applicable taxes.
II. WEBSITE
Content; Intellectual Property; Third Party Links. In addition to making Products available, this Website also offers information and marketing materials. This Website also offers information, both directly and through indirect links to third-party websites, about nutritional and dietary supplements. EyeMantra does not always create the information offered on this Website; instead the information is often gathered from other sources. To the extent that EyeMantra does create the content on this Website, such content is protected by intellectual property laws of India, foreign nations, and international bodies. Unauthorized use of the material may violate copyright, trademark, and/or other laws. You acknowledge that your use of the content on this Website is for personal, noncommercial use. Any links to third-party websites are provided solely as a convenience to you. EyeMantra does not endorse the contents on any such third-party websites. EyeMantra is not responsible for the content of or any damage that may result from your access to or reliance on these third-party websites. If you link to third-party websites, you do so at your own risk.
Copyrights/Trademarks:
All substance and materials accessible on www.mantracare.in, including however not constrained to content, design, site name, code, pictures, and logos are the licensed innovation of MantraCare and are secured by appropriate copyright and trademark law. Any improper use, including yet not constrained to the generation, appropriation, presentation or transmission of any substance on this site is entirely precluded unless particularly approved by MantraCare.
Use of Website; EyeMantra is not responsible for any damages resulting from use of this website by anyone. You will not use the Website for illegal purposes. You will (1) abide by all applicable local, state, national, and international laws and regulations in your use of the Website (including laws regarding intellectual property), (2) not interfere with or disrupt the use and enjoyment of the Website by other users, (3) not resell material on the Website, (4) not engage, directly or indirectly, in transmission of “spam”, chain letters, junk mail or any other type of unsolicited communication, and (5) not defame, harass, abuse, or disrupt other users of the Website
License. By using this Website, you are granted a limited, non-exclusive, non-transferable right to use the content and materials on the Website in connection with your normal, noncommercial, use of the Website. You may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express written authorization from EyeMantra or the applicable third party (if third party content is at issue).
Posting. By posting, storing, or transmitting any content on the Website, you hereby grant EyeMantra a perpetual, worldwide, non-exclusive, royalty-free, assignable, right and license to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit and assign such content in any form, in all media now known or hereinafter created, anywhere in the world. EyeMantra does not have the ability to control the nature of the user-generated content offered through the Website. You are solely responsible for your interactions with other users of the Website and any content you post. EyeMantra is not liable for any damage or harm resulting from any posts by or interactions between users. EyeMantra reserves the right, but has no obligation, to monitor interactions between and among users of the Website and to remove any content EyeMantra deems objectionable, in EyeMantra’s sole discretion.
Cancellation and Refund
Cancellation or refund request is unrealistic once the payment has been made. Refunds shall be made at the sole direcreation of the company.
III. DISCLAIMER OF WARRANTIES
YOUR USE OF THIS WEBSITE AND/OR PRODUCTS ARE AT YOUR SOLE RISK. THE WEBSITE AND PRODUCTS ARE OFFERED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EYE MANTRA 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. (“PRODUCTS” INCLUDE TRIAL PRODUCTS.)
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, EYE MANTRA 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 PRODUCTS WILL BE CORRECTED.
REGARDING ANY PRODUCTS PURCHASED OR OBTAINED THROUGH THE WEBSITE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
V. CONTENTS ON THE WEBSITE
The information is provided by EyeMantra and while we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.
Through this website you are able to link to other websites which are not under the control of EyeMantra. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.
Every effort is made to keep the website up and running smoothly. However, MantraCare takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.
EyeMantra and its parent company, directors & subsidiaries should not be responsible for any purchase, business decisions or any other losses arising out to the users/ readers from inaccurate information. That said, the maximum loss the user / readers may claim from EyeMantra shall be limited to the amount paid to EyeMantra.
IV. LIMITATION OF LIABILITY
EYE MANTRA ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY, IN LAW, IN EQUITY, OR OTHERWISE, WITH RESPECT TO THE WEBSITE CONTENT AND PRODUCTS AND/OR FOR ANY BREACH OF THIS AGREEMENT IS SOLELY LIMITED TO THE AMOUNT YOU PAID, LESS SHIPPING AND HANDLING, FOR PRODUCTS PURCHASED VIA OR BECAUSE OF THE WEBSITE.
EYE MANTRA WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR THE PRODUCTS IN ANY MANNER, INCLUDING LIABILITIES RESULTING FROM (1) THE USE OR THE INABILITY TO USE THE WEBSITE CONTENT OR PRODUCTS; (2) THE COST OF PROCURING SUBSTITUTE PRODUCTS OR CONTENT; (3) ANY PRODUCTS PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE; OR (4) ANY LOST PROFITS YOU ALLEGE.
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.
V. INDEMNIFICATION
You will release, indemnify, defend and hold harmless EyeMantra, and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys’ fees and expenses, of third parties relating to or arising out of (1) this Agreement or the breach of your warranties, representations and obligations under this Agreement; (2) the Website content or your use of the Website content; (3) the Products or your use of the Products (including Trial Products); (4) any intellectual property or other proprietary right of any person or entity; (5) your violation of any provision of this Agreement; or (6) any information or data you supplied to EyeMantra. When EyeMantra is threatened with suit or sued by a third party, EyeMantra may seek written assurances from you concerning your promise to indemnify EyeMantra; your failure to provide such assurances may be considered by EyeMantra to be a material breach of this Agreement. EyeMantra will have the right to participate in any defense by you of a third-party claim related to your use of any of the Website content or Products, with counsel of EyeMantra choice at its expense. EyeMantra will reasonably cooperate in any defense by you of a third-party claim at your request and expense. You will have sole responsibility to defend EyeMantra against any claim, but you must receive EyeMantra prior written consent regarding any related settlement. The terms of this provision will survive any termination or cancellation of this Agreement or your use of the Website or Products.
VI. PRIVACY
EyeMantra believes strongly in protecting user privacy and providing you with notice of EyeMantra’s use of data. Please refer to EyeMantra privacy policy, incorporated by reference herein, that is posted on the Website.
VII. AGREEMENT TO BE BOUND
By using this Website or ordering Products, you acknowledge that you have read and agree to be bound by this Agreement and all terms and conditions on this Website.
VIII. TIMELINES FOR WORK
Timelines mentioned for work completion are estimations and should not be construed as an agreed promise from Mantra Care. Work completion is dependent on multiple externalities such as government department, Insurance Companies and third party vendors etc. Mantra Care will have limited warranties in such cases. MantraCare.in won’t be at risk for any immediate, backhanded, coincidental, considerable or model misfortune or harms which may be brought about by you as a consequence of utilizing our Resources, or as an aftereffect of any progressions, information misfortune or defilement, cancellation, loss of access, or downtime to the full degree that appropriate restriction of obligation laws apply.
IX. Constraint of Warranties
By utilizing our site, you comprehend and concur that all Resources we give are “as may be” and “as accessible”. This implies we don’t speak to or warrant to you that:
The utilization of our Resources will address your issues or necessities.
The utilization of our Resources will be continuous, convenient, secure or free from blunders.
The data got by utilizing our Resources will be precise or solid, and
Any imperfections in the operation or usefulness of any Resources we give will be repaired or amended.
Moreover, you comprehend and concur that:No data or exhortation whether communicated, suggested, oral or composed, acquired by you from www.mantracare.in or through any Resources we give should make any guarantee, ensure, or states of any sort, with the exception of those explicitly laid out in this User Agreement.
Any substance downloaded or generally got through the utilization of our Resources is done at your own particular attentiveness and hazard, and that you are singularly in charge of any harm to your PC or different gadgets for any loss of information that may come about because of the download of such substance.
X. GENERAL
Force Majeure. EyeMantra will not be deemed in default hereunder or held responsible for any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott.
Cessation of Operation. EyeMantra may at any time, in its sole discretion and without advance notice to you, cease operation of the Website and distribution of the Products.
Entire Agreement. This Agreement comprises the entire agreement between you and EyeMantra and supersedes any prior agreements pertaining to the subject matter contained herein.
Effect of Waiver. The failure of EyeMantra to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
Governing Law; Jurisdiction. This Website originates from Paschim Vihar,Delhi. This Agreement will be governed by the laws of the State of Delhi without regard to its conflict of law principles to the contrary. Neither you nor EyeMantra will commence or prosecute any suit, proceeding or claim to enforce the provisions of this Agreement, to recover damages for breach of or default of this Agreement, or otherwise arising under or by reason of this Agreement, other than in courts located in the State of Delhi. By using this Website or ordering Products, you consent to the jurisdiction and venue of such courts in connection with any action, suit, proceeding or claim arising under or by reason of this Agreement. You hereby waive any right to trial by jury arising out of this Agreement and any related documents.
Statute of Limitation. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or Products or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Waiver of Class Action Rights. BY ENTERING INTO THIS AGREEMENT, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHER IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTION WITH THIS AGREEMENT MUST BE ASSERTED INDIVIDUALLY.
Termination. EyeMantra reserves the right to terminate your access to the Website if it reasonably believes, in its sole discretion, that you have breached any of the terms and conditions of this Agreement. Following termination, you will not be permitted to use the Website and EyeMantra may, in its sole discretion and without advance notice to you, cancel any outstanding orders for Products. If your access to the Website is terminated, EyeMantra reserves the right to exercise whatever means it deems necessary to prevent unauthorized access of the Website. This Agreement will survive indefinitely unless and until EyeMantra chooses, in its sole discretion and without advance to you, to terminate it.
Domestic Use. EyeMantra makes no representation that the Website or Products are appropriate or available for use in locations outside India. Users who access the Website from outside India do so at their own risk and initiative and must bear all responsibility for compliance with any applicable local laws.
Assignment. You may not assign your rights and obligations under this Agreement to anyone. EyeMantra may assign its rights and obligations under this Agreement in its sole discretion and without advance notice to you.
BY USING THIS WEBSITE OR ORDERING PRODUCTS FROM THIS WEBSITE YOU AGREE
TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
