These are the general terms and conditions governing your use of this website and our services. By accessing, browsing, using or signing up for this website, you are concluding a legally binding agreement with Mahesh Rakhi on the terms set out under this policy. Personal information which we collect or that we otherwise obtain in connection with your access or use of this website is handled in accordance with our privacy policy (accessible here https://www.maheshrakhi.com/privacy-policy/) (“Privacy Policy”). Your continued use of this website and our services constitutes your explicit consent to our Privacy Policy.
1. Introduction
This website https://www.maheshrakhi.com and the information, content, products and services it makes available (which shall collectively be hereinafter referred to as the “Website”), is provided to you by Mahesh Rakhi Lifestyle Private Limited, an entity incorporated under the laws of India, having its principal office at BRTS Bus Stand, Sarangpur Bridge, Sarangpur, Ahmedabad, Gujarat 380001 (“Mahesh Rakhi“, “We” or “Us”). These terms of use (the “Terms of Use“) set forth the terms and conditions governing your use of this Website. For the purposes of this Terms of Use, the term “You” or “Your” shall refer to the end user (customer of the store). If You are using the Website or services on behalf of Your company (or another entity), then “You” means Your company (or such other entity), its officers, members, agents, successors and assigns. Before using the services rendered by Mahesh Rakhi through this Website, you are requested to read and understand the Terms of Use specified herein. You are required to read and understand the existing Terms of Use every time before using the services offered by Us. Lack of knowledge related to any terms of Terms of Use or the amendments affected to the Terms of Use from time to time may not absolve you from any of your liabilities under the Terms of Use. Mahesh Rakhi expects you to further read and understand the Privacy Policy which would be treated as a part of this Terms of Use before using the services offered by Us. You shall be equally bound by the stipulations therein once you agree to the Terms of Use with Mahesh Rakhi.
2. Modification to the Terms of Use
Mahesh Rakhi reserves the right to make changes to this Terms of Use and/or the Privacy Policy from time to time in its sole discretion, by updating and posting the revised version of the same on this Website and specifying the effective date of the new version of the Terms of Use and/or the Privacy Policy. All updates and amendments to the Terms of Use and/or the Privacy Policy shall be notified on the Website. Your continued use of the Website following the posting of a new version of the Terms of Use and/or the Privacy Policy constitutes your acceptance of any such changes. Accordingly, whenever you visit this Website you should check to see if a new version of the Terms of Use and/or the Privacy Policy has been posted. The Terms of Use and/or the Privacy Policy, as modified or amended from time to time are a binding contract between Mahesh Rakhi and You.
3. Contact Information
If you have any questions or concerns with respect to this Terms of Use or the Website you may contact us by emailing us at [email protected].
4. Website’s Intended Audience
This Website is directed towards legal adults. The Website provides a promotional platform for users, advertisers, brands and partners. The use of this Website is not intended for any person under the age of 18 years. Users must be 18 years of age or older to register, visit, access or use the Website or the services in any manner. By registering, visiting or using the Website or the services, you hereby represent and warrant to us that you have obtained a minimum of 18 years of age, and that you have the right, authority and capacity to access and use the Website and the services, and agree to abide by the Terms of Use. If You are below 18 years of age, it is assumed that You are using/browsing the Website under the supervision of Your parent or legal guardian and that Your parent or legal guardian has read and agreed to this Terms of Use and Our Privacy Policy. Please note that if Mahesh Rakhi gets knowledge of the fact You are under the age of 18 and are using/browsing the Website without the supervision of Your parent or legal guardian, Mahesh Rakhi reserves the right to deactivate Your account without further notice.
5. Member Registration
While you do not have to be a registered user (“Member”) to access our Website, we recommend that you register with us to receive our exclusive offers and content. You agree to provide true, accurate, current and complete information about yourself as prompted by the registration form. If you provide information that is untrue, inaccurate, not current or incomplete, or if We have reasonable grounds to suspect that You have provided such information, We may (in addition to any other rights or remedies available to us), suspend or terminate Your membership and refuse any and all current or future use of the Website and the services (or any portion thereof). Users must immediately notify Us of any known or suspected unauthorized use of a Member’s account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of Member’s password. Members should be cautious about sharing their account information with third parties. Each Member is responsible for the confidentiality of her/his personal information, including use of the account by any third party, whether or not such use is authorized by the Member. If You register yourself with our Website, You are responsible for maintaining the confidentiality of Your Member identification and password information, and for restricting access to Your computer. You agree to accept responsibility for all activities that occur under Your Member identification and password. When You sign up/ register on this Website, Your personal information will be registered automatically in our database which will be maintained by Us and may be used for sending marketing and promotional emails, newsletters etc, if subscribed to. In case of change in personal information, You may write to Us at the contact information provided above. It is hereby clarified that Mahesh Rakhicannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
In addition to the above, You agree and acknowledge that We may in our sole discretion: (1) restrict, change, suspend, or terminate Your access to all or any part of the Website; (2) reject, move, or remove any material that may be submitted by You; (3) move or remove any content that is available on the Website; (4) deactivate or delete your account registered with Mahesh Rakhi and all related information and files thereof; (5) establish general practices and limits concerning use of the Website; and (6) assign rights and liabilities with respect to your account hereunder, to any other entity.
Notwithstanding anything to the contrary herein, You acknowledge and agree that You shall have no ownership or other interest in Your account registered with Mahesh Rakhi, and You further acknowledge and agree that all rights in and to their account are and shall forever be owned by Us.
6. Control of Personal Information
As a Member, we allow You to have certain control over Your privacy settings, as detailed in our Privacy Policy. Please refer to our Privacy Policy for details regarding our usage of Your personal information and Your rights to all such information.
7. Website’s Content
You acknowledge that by using the Website, you may be exposed to content that you find objectionable, indecent or offensive or which is inaccurate, misleading or incomplete. We assume no obligation or responsibility for confirming the accuracy, completeness or usefulness of any content, nor do We endorse such content. We do not verify the identity of people using our Website. You use the Website and the content at your own risk.
8. Use of Content
A variety of information, messages, posts, text, graphics, software, data, and other materials (“Content“) is available on the Website. The Content available on the Website shall be used solely for Your non-commercial and/or to benefit from the products, services and Content available on the Website. No right, title or interest in any Content is transferred to you, whether as a result of downloading such Content or otherwise. Mahesh Rakhi reserves complete title and full intellectual property rights in all Content. Except as expressly authorized by this Terms of Use, you may not use, alter, copy, distribute, transmit, or derive another work from any Content obtained from the Website or the service. Mahesh Rakhi grants you a non-exclusive, non-transferable, revocable, limited licence to view the Content retrieved from the Website only for your personal, non-commercial use, provided that you do not remove or obscure any copyright notice, trademark notice, or other proprietary rights notices displayed on or in conjunction with the Content. You may not use any Content available via the Website in any other manner or for any purpose without the prior written permission of Mahesh Rakhi. All rights not expressly granted in this Terms of Use are expressly reserved to Mahesh Rakhi. Mahesh Rakhi may at any time modify, discontinue, or suspend its operation of this Website, or any part thereof, temporarily or permanently, without notice to You.
9. Member-Submitted Content and Rights Over It
Any material, information, or data You transmit to Mahesh Rakhi (each a “Submission” or collectively “Submissions”) will be considered non confidential and non proprietary. Mahesh Rakhi does not want to receive any confidential or proprietary information from You via this Website. In respect of all Submissions You make:
● You guarantee that You have the legal right to distribute the Submission and that You are not in violation of any law or the rights of any person or entity, and
● You grant to Mahesh Rakhi a royalty-free, irrevocable, perpetual and worldwide right to use, distribute, display and create derivative works from the Submission, in any and all media, in any manner, in whole or in part, without any restriction or responsibilities to You.
While Mahesh Rakhi strives to keep the Content that it posts on the Website accurate, complete, and up-to-date, Mahesh Rakhi cannot guarantee, and is not responsible for, the accuracy, completeness, or timeliness of any Content, whether provided by Mahesh Rakhi, or its suppliers. Mahesh Rakhi does not endorse and is not responsible for the accuracy or reliability of any opinion, advice or statement made on the Website. Mahesh Rakhi recommends that all Members must use their discretion while relying or acting upon any information, advice, suggestion or tip provided on the Website, as may be shared by Mahesh Rakhi.
Mahesh Rakhi makes no claims to ownership of Submission that You submit, distribute or otherwise make available to Mahesh Rakhi and You continue to retain all ownership rights in such Submission and the right to use Your Submission as You determine. However, You grant to Mahesh Rakhi and its affiliates a worldwide, nonexclusive, perpetual, fully sub-licensable, royalty-free right and licence as set below:
● with respect to the Submission (e.g. not intended as a private communication), the licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and publicly display such Submission (in whole or part) worldwide via the Website or otherwise, and/or to incorporate it in other works in any form, media, or technology now known or later developed; and
● with respect to photos, graphics, audio, video or journals that you submit, the licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and publicly display such Submission for the purpose for which such Submissionwas submitted, or made available.
10. Contact with Third Party
Your dealings with advertisers or other third parties found on or accessible through the Website are solely between You and the third party. These dealings include, but are not limited to, Your participation in promotions any terms, conditions, warranties, or representations associated with such dealings. The links provided to third party websites are solely as a convenience to users and should not be construed as an endorsement by Mahesh Rakhi of content, items, or services on those third-party websites. You access and use such websites, including the content, items or services on those websites, solely at Your own risk. Mahesh Rakhi does not make any representations or warranties with respect to any content or privacy practices, or otherwise with respect to such third parties or any items or services that may be obtained from such third parties, and You agree that Mahesh Rakhi will have no liability with respect to any loss or damage of any kind incurred as a result of any dealings between You and any third party, or as a result of the presence of such third parties on the Website.
11. Intellectual Property Rights
This Website is owned by Mahesh Rakhi. All right to, title to, and interest in the Content available on/ via the Website, the Website’s look and feel, the designs, trademarks, service marks, and trade names displayed on the Website, and the Website URLs, are the property of Mahesh Rakhi or its licensors, and are protected by copyrights, trademarks, patents, or other proprietary rights and laws. The Website and the Content are protected by Indian copyright laws, and belong to Mahesh Rakhi or its partners, affiliates or contributors. The copyrights in the Content are owned by Mahesh Rakhi or other copyright owners who have authorised their use on the Website. You may not manipulate or alter the images or other Content on the Website in any way.
All trademarks, service marks, logos and designs used on this Website, whether registered or unregistered, are owned by Mahesh Rakhi or other third parties. You may not use or display any trademarks, service marks, logos or designs owned by Mahesh Rakhi or its affiliates without Our prior written consent.
12. Express Written Permission
Express written permission of Mahesh Rakhi is required for You to do any of the following:
● Use, duplicate, republish, upload, dispense, gather, revise, or transmit the Content or the Website for commercial purposes;
● Use of the brand nameMahesh Rakhi;
● Alter, eliminate, remove, supplement, add to, publish, transmit, participate in the transfer, rental or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part; and
● Collect or index information provided to Mahesh Rakhi using any automated means, such as robots, spiders, scrapers, scripts, or similar means or equivalent manual processes.
In addition to any remedies that Mahesh Rakhi may have at law or in equity, if Mahesh Rakhi reasonably determines that You have violated or are likely to violate the foregoing prohibitions, Mahesh Rakhi may take any action it reasonably deems necessary to cure or prevent the violation, including, without limitation, the immediate removal of materials that violate the foregoing prohibitions from the Website.
13. Indemnification
You agree to indemnify, defend and hold harmless Mahesh Rakhi, its directors, officers, employees, agents, subsidiaries, business partners and affiliates from and against any and all liability, damages, losses, claims, expenses of any kind (including, but not limited to direct, incidental, consequential, exemplary and indirect damages) and reasonable attorney’s fees, resulting from or arising out of (1) Your use, misuse or inability to use the Website or breach of the Terms of Use and/or the Privacy Policy; (2) the Submission you submit or transmit to the Mahesh Rakhi.This defence and indemnification obligation will survive the termination of the Terms of Use and Your use of the Website.
14. Disclaimer
The Website is provided on an “as is” and “as available” basis. Mahesh Rakhi expressly disclaims all warranties of any kind, whether express or implied, including, without limitation, any warranties of merchantability, fitness for a particular purpose, and non-infringement. Mahesh Rakhi does not make any warranty that the Website will meet Your requirements, or that access to the Website will be uninterrupted, timely, secure, or error-free, or that defects, if any, will be corrected. Mahesh Rakhi makes no warranties as to the results that may be obtained from the use of the Website or as to the accuracy, quality, or reliability of any information obtained through the Website. You agree and acknowledge that to the maximum extent permitted by applicable law, we will have no liability related to user Content arising under intellectual property rights, libel, privacy, publicity, obscenity, or other laws. We also disclaim all liability with respect to the misuse, loss, modification, or unavailability of any user Content. Further, You agree that any access to the Website, and all aspects related to downloading material or data is done entirely at Your own discretion and risk and You will be solely responsible for any damage to Your computer systems or yourself or loss of data that results from the download of such material or data. We accept no liability for any errors or omissions, with respect to any information provided to You whether on behalf of ourselves or third parties. None of our directors, agents, representatives, or our affiliates will be responsible for and we hereby disclaim liability for any lost profits, revenues, information, or data, or consequential, special, indirect, exemplary, punitive, direct or incidental damages arising out of or related to your use of the Website.
15. Representations & Warranties
By using the Website, You represent and warrant that:
● You have attained the minimum age of 18 years of age, an emancipated minor or the parent or guardian of a minor who You are authorizing to use the Site and the Services;
● You understand and agree that theseTerms of Use is a legally binding agreement and the equivalent of a signed, written contract;
● You will use the Website and the services in a manner consistent with all laws and regulations and in accordance with the terms and conditions of these Terms of Use;
● You are authorized to sign for and bind the person or entity using the Website or the services; and
● You will provide only true, accurate, complete and current information to Mahesh Rakhi.
16. Additional Terms of Use
● The coupon code discount cannot be clubbed with any other discount or offer.
● The coupon code discount is valid only on prepaid orders.
17. Website Subscription
By accepting these Terms of Use, you grant the Website Your permission to send You administrative and promotional e-mails. We will send you information regarding your account activity and purchases, as well as updates about our products and promotional offers. You can opt out of our promotional emails anytime by communicating your intention to unsubscribe by way of email correspondences. Please see our Privacy Policy for details.
By placing an order, You make an offer to us to purchase products you have selected based on standard Website restrictions, merchant specific restrictions, and on the terms and conditions stated herein.
18. Exactness Not Guaranteed
Please note that as means to assist the customers in identifying the products of their choice. Mahesh Rakhi provides visual representations on the Website, while we endeavour to provide accurate visual representations, Mahesh Rakhi hereby disclaims any guarantee or warranty of exactness of such visual representation or description of the product as ordered by the customers, with the actual product ultimately delivered to customers. The appearance of the product when delivered may vary slightly for various reasons. The quality of any products, services, information, or other material purchased or obtained by You through the Website will be as per the Our standards.
19. Pricing
Please note that the prices of the products provided on the Website and although we endeavour to ensure that the price displayed on the Website are correct, errors may occur. We are not obliged to provide You with any product at the incorrect lower price (even when We have sent the order confirmation) if the error in the price is obvious and unmistakable and could have reasonably been recognised by You as an incorrect price. The price of the product ordered within the territory of India will be in Indian Rupees. Mahesh Rakhi reserves a right to change the prices for the products and/or the services in its sole discretion. Please be informed that the prices may vary at the sole discretion of Mahesh Rakhi for different territories.
Once you have selected all the products that you wish to purchase, they will be added to your cart. The next step will be to process the order and make the payment. To that end, you must follow the steps of the purchase process, indicating or verifying the information requested in each step. Furthermore, throughout the purchase process, before payment, You can modify the details of your order. It is hereby clarified, that in addition to the payment of the applicable price for the products ordered, you are also responsible for paying all shipping costs.
20. Return and Exchange
Please note that the return and exchange of the products ordered on the Website will be as per the Return and Exchange Policy of Mahesh Rakhi, which is incorporated under the Terms of Use by reference.
21. Miscellaneous
21.1 Relationship of the Parties: None of the provisions of the Terms of Use shall be deemed to constitute a partnership or agency between You and Us.
21.2 Entire Agreement: The Terms of Use sets forth the entire understanding and agreement between You and Us with respect to the subject matter hereof.
21.3 Assignment: You cannot assign or otherwise transfer the Terms of Use, or any rights granted hereunder to any third party. We may transfer our rights and obligations under these Terms of Use without Your prior express consent, provided that We assign these Terms of Use on the same terms or terms that are no less advantageous to You.
21.4 Severability: In the event, any provision of the Terms of Use be held legally void, this does not invalidate the whole contract. Instead, the invalid provision shall be replaced with an effective provision with the same economic purpose. The same applies to possible gaps in this contract.
21.5 Force Majeure: We will not be liable for any delay or failure on Our part in performing any obligations under these Terms of Use due to any cause beyond our reasonable control, including but not limiting to, strikes, riots, protests, mass demonstration, government imposed restrictions, civil commotion, fire, floods, explosions, acts of God, acts of State, war, enemy action or terrorist action.
21.6 Governing Law and Jurisdiction: The use of the Website and the purchase of the products and/or service through the Website shall be governed by the laws of India. Any controversy that arises or is related to the use of the Website or the said products shall be subject to the non-exclusive jurisdiction of the Indian courts in Ahmedabad, Gujarat, India and you hereby accede to and accept the jurisdiction of such courts.
