Terms & Conditions

The website terms of use ("Terms of Use") is an electronic record in the form of an electronic contract formed under the Information Technology Act, 2000 and Rules made thereunder and the amended provisions pertaining to electronic documents / records in various statutes as amended by the Information Technology Act, 2000. These Terms of Use does not require any physical, electronic or digital signature. This document is published and shall be construed in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 under Information Technology Act, 2000, that require publishing the rules and regulations, privacy policy and User Agreement for access or usage of the website.These Terms of Use of the website located at the URL www.getslimtherightway.com (“the Website” or “this Website”) is between Marico Limited (hereinafter referred to as "Marico" or "We" or "Us" or "Our") and the guest users or registered users of the Website (hereinafter referred to as "You" or "Your" or "Yourself" or "User") describe the terms on which Marico offers You access to the Website and such other services as are incidental and ancillary thereto ("Services").ACCESSING, BROWSING OR OTHERWISE USING THE WEBSITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESE TERMS OF USE, SO PLEASE READ THE TERMS OF USE CAREFULLY BEFORE PROCEEDING. By impliedly or expressly accepting these Terms of Use, You also accept and agree to be bound by Marico’s Policies including but not limited to Privacy Policy available on www.getslimtehrightway.com as amended from time to time, other policies of the Website and any other terms which may apply to specific Services ("Additional Service Terms") together with all other notices, disclaimers, guidelines appearing on the Website from time to time (collectively referred to as "Agreement(s)") constitute the entire agreement upon which You are allowed to access and use the Website and avail the Services.

General

  1. Marico is a company incorporated under the laws of India, having its registered office at 7th Floor, Grande Palladium, 175 CST Road, Mumbai 400098, India and having CIN L15140MH1988PLC049208. This Website of Marico Limited has been developed to provide general public information which is subject to change without notice. The documents and information displayed in this site are for reference purposes only.We try to ensure that website availability is uninterrupted and that transmissions will be error-free. However, we cannot, due to the nature of the internet, guarantee that your access will not be suspended or restricted from time to time including to allow for repairs, maintenance or the introduction of new services. We of course try to limit the frequency and duration of any suspension or restriction. The content on the site is updated on a continual basis. While Marico attempts to keep its web information accurate and timely, no representations, warranties or guarantees whatsoever are made as to the accuracy, adequacy, reliability, completeness, suitability or applicability of the information, text, graphics, hyperlinks, and other items contained on this server or any other server. Marico Limited, its directors, officers, employees, its affiliated entities or agents shall not be liable for any loss, damage or expense arising out of use /access of this site or any site linked to it including without limitation of any consequential loss, indirect, incidental or damages of whatsoever nature. Should any viewer of this Website respond with information including feedback data such as questions, comments, suggestions, or the like regarding the content of any material on this Website, such information shall be deemed to be non-confidential and Marico shall deal with the same in the manner it deems fit. Further, on the said website, Marico is also an intermediary in the form of an online marketplace and it’s role is limited to managing the Website to enable - the buyer to purchase the products so offered ("Products") and avail other incidental Services thereto ("Services") including use of the Website by any User.
  2. The Terms of Use are subject to revision by Marico at any time and hence the Users are requested to carefully read these terms of use from time to time before using the Website. The revised Terms of Use shall be made available on the Website. You are requested to regularly visit the Website to view the most current Terms of Use. In the event such a facility is provided on the Website, You can determine when Marico has last modified any part of the Agreement by referring to the "Last Updated" legend provided in that document. It shall be Your responsibility to check these Terms of Use periodically for changes. Marico may require You to provide Your direct or indirect consent to any update in a specified manner before further use of the Website and the Services. If no such separate consent is sought, Your continued use of the Website and/or Services, following such changes, will constitute Your acceptance of those changes.
 

Services

  1. The Website is a platform in the form of an electronic marketplace for domestic customers (“Buyers”) to transact with the third party re-seller and who has been granted access to the Website for this purpose (“Seller”), collectively referred to as (“Users”) for this part. For abundant clarity, all commercial/contractual terms are offered by and agreed to between Buyers and Seller alone. The commercial/contractual terms include without limitation price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to products and services. Marico does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the Buyers and Sellers.
  2. Marico does not make any representation or Warranty as to specifics (such as quality, value, saleability, etc) of the products or services proposed to be sold or offered to be sold or purchased on the Website. Marico does not implicitly or explicitly support or endorse the sale or purchase of any products or services on the Website. Marico accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
  3. Marico is not responsible for any non-performance or breach of any contract entered into between Buyers and Sellers. Marico cannot and does not guarantee that the concerned Buyers and/or Sellers will perform any transaction concluded on the Website. Marico shall not and is not required to mediate or resolve any dispute or disagreement between Buyers and Sellers.
  4. Marico does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc) of any of its Users. You are advised to independently verify the bona fides of any particular User that You choose to deal with on the Website and use Your best judgment in that behalf.
  5. Marico does not at any point of time during any transaction between Buyer and Seller on the Website take possession of any of the products or services offered by Seller nor does it at any point gain title to or have any rights or claims over the products or services offered by Seller to Buyer.
  6. At no point of time shall Marico hold any right, title or interest over the products nor shall Marico have any obligations or liabilities in respect of such contract entered into between Buyers and Sellers. Marico is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.
  7. The Website is only a platform that can be utilized by Users to reach a larger base to buy and sell products or services. Marico is only providing a platform for communication and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between the Seller and the Buyer.
  8. You shall independently agree upon the manner and terms and conditions of delivery, payment, insurance etc. with the seller(s) that You transact with.
 

Eligibility to Use

  1. The Services are not available to minors under the age of eighteen (18) or to any User who is incompetent to contract for any reason whatsoever. If You are disqualified as per the preceding sentence, You shall not be permitted to avail of the Services or use the Website. You represent that You are of legal age to form a binding contract and are not a person barred from receiving the Services under the laws as applicable in India.
  2. Marico reserves 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 according any reasons for doing so.
  3. You shall not have more than one active Account (defined hereunder) on the Website. Additionally, You are prohibited from selling, trading, or otherwise transferring Your Account to another person.
 

  1. You may access and use the Website and the Services either as a registered user or as a guest user. However, not all sections of the Website and Services will be accessible to guest users. Registered users: Marico makes certain sections of the Services available to You through the Website only if You have provided Marico certain required User information and created an account - through certain log-in ID and password ("Account"). You can create Your Account on the Website either directly or by logging in to a third party website or the website of its subsidiaries using your Log-in ID and password or through any other Internet service as permitted on the Website (Log In ID - and/or other third party login identification as provided above are individually and collectively referred to the "Account Information").
  2. In the event, You register as a User by creating an Account in order to avail of the Services provided by the Website, You will be responsible for maintaining the confidentiality and security of the Account Information, and are fully responsible for all activities that occur under Your Account. You agree to (a) immediately notify Marico of any unauthorized use of Your Account Information or any other breach of security, and (b) ensure that You exit from Your Account at the end of each session. Marico cannot and will not be liable for any loss or damage arising from Your failure to comply with this section. You shall be held liable for losses incurred by Marico or any other user of or visitor to the Website due to authorized or unauthorized use of Your Account as a result of Your failure in keeping Your Account Information secure and confidential. You shall ensure that the Account Information provided by You in the Website's registration form is complete, accurate and up-to-date. Use of another user's Account Information for availing the Services is expressly prohibited. If You provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Marico has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Marico reserves the right to suspend or terminate Your Account and refuse to any and all current or future use of the Website / Services (or any portion thereof).
  3. The Website may require you to certain personal information. Your provision of and collection, storage, use, disclosure and otherwise dealing of such personal information shall be governed by Marico’s privacy policy, which is available at http://www.getslimtherightway.com/privacypolicy ("Privacy Policy").
 

Payments related Information

  1. Presently, Marico does not levy any fee for browsing the Website or buying the Products on the Website may charge Users certain fees for the use of the Website and Services as a whole, or certain features of the Website / Services. You agree to pay any such fees, as may be applicable to the Services that You use. Marico will try to ensure that You are made aware of the applicability of any fees for a particular use of the Website / Services, as well as the amount of fees payable by You for any such use of the Website / Service. You agree that Marico may, at any time, charge, modify or waive fees required to use the Website. Your continued use of the Website / Services after such change in the fees will be considered to be Your acceptance of such changes, and the applicability of these Terms of Use to such changes.
  2. You agree to provide correct and accurate financial information, such as credit/debit card details to the approved payment gateway or pre-paid payment instrument account details for availing Services on the Website. You shall not use the credit/debit card or pre-paid payment instrument which is not lawfully owned by You, i.e. in any transaction, You must use Your own credit/debit card or pre-paid instrument account. The information provided by You will not be utilized or shared with any third party unless required in relation to fraud verifications or by law, regulation or court order or in accordance with the terms of the Privacy Policy. You will be solely responsible for the security and confidentiality of Your credit/debit card details or pre-paid instrument account. Marico expressly disclaims all liabilities that may arise as a consequence of any unauthorized use of Your credit/ debit card or pre-paid instrument account.
  3. For Your making payments for buying the Products on the Website, in addition to the Agreement(s), the terms and conditions of Your bank, applicable financial institution and/or card issuing association may also be applicable to You. Your bank, financial institution or card issuing association may decline or prevent You from making electronic payments for buying the Products on Website and Marico does not control the same and shall not be liable for the same.
 

User Obligations

  1. Subject to compliance with the Agreement(s), Marico grants You a non-exclusive, non-sub-licensable, non-transferable, revocable, and limited right to access and use this Website and the Services provided therein.
  2. You agree to use the Services, Website and the Content (as defined herein) provided therein only for purposes that are permitted by: (a) the Agreement(s) (including these Terms of Use) and (b) any applicable law.
  3. You shall adhere to clause 7 which, inter-alia, lays down all limitations on dissemination and use / reproduction of any materials (such as the Product catalogues) available on the Website.
  4. You agree not to access (or attempt to access) the Website or Services by any means other than through the interfaces that are provided by Marico. You shall not use any deep-link, 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 Content (as defined below), or in any way reproduce or circumvent the navigational structure or presentation of the Website, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website.
  5. If you believe that any Content or User Content (as defined herein) or other content available on the Website does not comply with the terms of the Agreement(s) or applicable law, You may report such content in the manner prescribed under clause 16.7 herein.
  6. The Website may allow you to - as submit any suggestions, comments, questions or other information to Marico using the Website / Services (collectively referred to "User Content"). You, being the originator of the User Content, are responsible for the User Content that You upload, post, publish, transmit or otherwise make available on the Website. You represent that you have obtained all relevant consents and approvals in order to post any User Content. You further represent that all such User Content will be in accordance with applicable law. You acknowledge that Marico does not endorse any User Content on the Website and is not responsible or liable for any User Content. Marico reserves the right to disable access to the User Content on the Website.
  7. When you use the Website and/or the Services You specifically undertake not to host, display, upload, modify, publish, transmit, update or share any information or Content that:
    • belongs to another person and to which the User does not have any right to;
    • is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, 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 whatsoever;
    • harms minors in any way;
    • impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
    • 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 of any other nation;
    • infringes any patent, trademark, copyright or other proprietary rights;
    • contain software viruses or any other computer code, files or programs designed to interrupt destroy or limit the functionality of any computer resource;
    • deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
    • engage in any activity that interferes with or disrupts access to the Website or the Services (or the servers and networks which are connected to the Website);
    • attempt to gain unauthorized access to any portion or feature of the Website, any other systems or networks connected to the Website, to any Marico server, or to any of the Services offered on or through the Website, by hacking, password mining or any other illegitimate means;
    • 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. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Website, or any other customer of Marico., including any Marico. Account not owned by You, to its source, or exploit the Website or Service or information made available or offered by or through the Website, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the Website;
    • 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 Websites or any affiliated or linked sites;
    • use the Website or Content for any purpose that is unlawful or prohibited by the Agreement, or to solicit the performance of any illegal activity or other activity which infringes the rights of Marico or other third parties;
    • falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
    • violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
    • violate any applicable laws or regulations for the time being in force within or outside India;
    • violate the terms of the Agreement.
  8. Marico does not pre-screen User Content. Marico has no obligation to monitor any User Content. However, Marico at its discretion and/or in accordance with applicable law may remove any User Content from the Website, if such User Content is in violation of these Terms of Use or any applicable law. Where Marico removes any User Content from the Website, Marico may inform the user who had posted such User Content. Such actions do not in manner negate or dilute Marico position as an intermediary or impose any liability on Marico with respect to User Content.
  9. You shall solely be responsible for maintaining the necessary computer / mobile equipment, internet connections and other software and technologies that may be required to access, use and transact on the Website. You may incur access or data fees from third parties at your cost in connection with your purchase and/or use of the services.
  10. You shall use this Website, and any voucher/coupons purchased through it, for personal, non-commercial use only and shall not re-sell the same to any other person.
  11. You may need to install updates that we or any third party introduce from time to time to use the services, Products, Website including downloads and required functionality, such as bug fixes, patches, enhanced functions, missing plug-ins and new versions (collectively referred to as "Updates"). By Your use of the Website, it is deemed that you have agreed to receive and install automatically requested Updates.
 

Use of Content

  1. Marico hereby grants You a non-exclusive, revocable and non-transferable right to view, download and print product catalogues available on the Website, subject to the following conditions:
    • You may access and use the product catalogues solely for personal, informational, and internal purposes, in accordance with these Terms of Use;
    • You may not modify or alter product catalogues available on the Website;
    • You may not distribute or sell, rent, lease, license or otherwise make the product catalogues available on the Website; and
    • You may not remove any text, copyright or other proprietary notices contained in the product catalogues available on the Website.
  2. The rights granted to You in the product catalogues or any other materials as specified above are not applicable to the design, layout or look and feel of the Website. Such elements of the Website are protected by intellectual property rights and may not be copied or imitated in whole or in part.
  3. Any software that is available on the Website is the property of Marico or its vendors. You may not use, download or install any software available at the Website, unless otherwise expressly permitted by the Agreement or by the express written permission of Marico.
 

Intellectual Property Rights

  1. The Website and the processes, and their selection and arrangement, including but not limited to all text, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code (collectively referred to as the "Content") on the Website is owned and controlled by Marico or its licensors and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights. Through Your use of the Website, by no means are any rights impliedly or expressly granted to You in respect of such Content. Marico reserves the right to change or modify the Content from time to time at its sole discretion.
  2. The trademarks, logos and service marks displayed on the Website ("Marks") are the property of Marico or their vendors/seller or respective third parties. You are not permitted to use the Marks without the prior consent of Marico, the vendor/seller or the third party that may own the Marks.
  3. Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, Marico owns all intellectual property rights to and into the trademark "Marico Limited", and the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, designs, know-how, trade secrets and inventions (patent pending), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks.
  4. Except as expressly provided herein, You acknowledge and agree that You shall not copy, republish, post, display, translate, transmit, reproduce or distribute any Content through any medium without obtaining the necessary authorization from Marico or thirty party owner of such Content.
 

Disclaimer of Warranties & Liability

  1. The Website, all the materials and products (including but not limited to software) and services, included on or otherwise made available to You through this Website are provided 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, Marico 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.
  2. Marico will not be liable to You in any way or in relation to the Contents of, or use of, or otherwise in connection with, the Website. Marico does not warrant that this site; information, Content, materials, product (including software) or services included on or otherwise made available to You through the Website; their servers; or electronic communication sent from Us are free of viruses or other harmful components.
  3. Nothing on Website constitutes, or is meant to constitute, advice of any kind. All the Products sold on Website are governed by different state laws and if Seller is unable to deliver such Products due to implications of different state laws, Seller will return or will give credit for the amount (if any) received in advance by Seller from the sale of such Product that could not be delivered to You.
  4. You will be required to enter a valid phone number while placing an order on the Website. By registering Your phone number with us, You consent to be contacted by Us via phone calls and/or SMS notifications, in case of any order or shipment or delivery related updates.
 

Indemnification and Limitation of Liability

  1. You agree to indemnify, defend and hold harmless Marico, its subsidiaries, affiliates, vendors, agents and their respective directors, officers, employees, contractors and agents (hereinafter individually and collectively referred to as "indemnified parties") from and against any and all losses, liabilities, claims, suits, proceedings, penalties, interests, damages, demands, costs and expenses (including legal and other statutory fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the indemnified parties that arise out of, result from, or in connection with (i) Your breach of the Agreement(s); or (ii) any claims made by any third party due to, or arising out of, or in connection with, Your use of the Website; or (iii) any claim that any content, information or materials provided by You caused damage to a third party; or (iv) Your violation of any rights of another, including any intellectual property rights.
  2. Marico may notify You of any claims which You shall be liable to indemnify Marico against. You shall then be required to consult with Marico regarding the course of action to be undertaken in defending such a claim. Further, You shall not compromise or settle any claim or admit any liability or wrongdoing on the part of Marico without the express prior written consent of Marico which can be withheld or denied or made conditional by Marico at its sole discretion.
  3. Notwithstanding anything to contrary in the Agreement(s), in no event shall Marico., its subsidiaries or affiliates and their respective officers, directors, employees, partners be liable to You for any special, incidental, indirect, consequential, exemplary or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not Marico has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with Your use of or access to the Website, Services or Content.
 

Terms

  1. The Agreement will continue to apply until terminated by either You or Marico as set forth below. If You want to terminate Your agreement with Marico. You may do so by (i) not accessing the Website; or (ii) closing Your Account for all of the Services that You use, where Marico has made this option available to You.
  2. You agree that Marico may, at its sole discretion and without prior notice, terminate Your access to the Website and block Your current and future access to the Website if Marico determines that You have violated the terms of these Terms of Use or any other Agreement(s). You also agree that, in the event of any violation by You of the Agreement(s) causing irreparable harm to Marico, for which the monetary damages are inadequate, and You consent to Marico obtaining any injunctive or equitable relief that Marico deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Marico may have at law or in equity.
  3. In addition to clause 11.2 above, Marico may, at any time, with or without notice, terminate these Terms of Use (or portion thereof, such as any individual Additional Terms) with You if:
    • Marico is required to do so by law (for example, where the provision of the Services to You is, or becomes, unlawful), or upon request by any law enforcement or other government agencies;
    • The provision of the Services to You by Marico is impossible or in Marico’s opinion, no longer commercially viable;
    • Marico has elected to discontinue, with or without reason, access to the Website, the Services (or any part thereof); or
    • In the event Marico faces any unexpected technical issues or problems that prevent the Website and / or Services from working/ operating.
  4. Marico may also terminate or suspend all or a portion of Your Account or access to the Services with or without assigning any reason. Except as may be set forth in any Additional Terms applicable to a particular Service, termination of Your Account may include: (i) removal of access to all offerings within the Website or with respect to the Services; (ii) disabling access to the Account Information, including Your personal information, log-in ID and password, and all related information, files and materials associated with or inside Your Account (or any part thereof), and any User Content uploaded by You; and (iii) prohibiting further use of the Services.
  5. You agree that all terminations shall be made by Marico at its sole discretion and that Marico shall not be liable to You or any third party for any termination of Your Account (and accompanying deletion of Your Account Information), or Your access to the Website and Services.
  6. Notwithstanding the foregoing, these Terns of Use will survive indefinitely unless and until Marico chooses to terminate them.
 

Governing Law and Jurisdiction

  1. These Terms of Use and all transactions entered into on or through the Website and the relationship between You and Marico shall be governed in accordance with the laws of India without reference to conflict of laws principles.
  2. You agree that all claims, differences and disputes arising under or in connection with or in relation hereto the Website, these Terms of Use, the Agreement(s) or any transactions entered into on or through the Website or the relationship between You and Marico shall be subject to the exclusive jurisdiction of the courts at Mumbai, India and You hereby accede to and accept the jurisdiction of such courts.
  3. Each party hereby irrevocably waives any objection which such party may now or hereafter have to the laying of improper venue or forum inconvenient. Each party agrees that a judgment in any such action or proceeding may be enforced in other jurisdictions by suit on the judgment or in any manner provided by law. Any and all service of process and any other notice in any such suit, action or proceeding with respect to this Agreement shall be effective against a party if given as provided herein.
 

Communications

  1. When You use the Website or send emails or other data, information or communication to Marico, You agree and understand that You are communicating with Marico through electronic records and You consent to receive communications via electronic records from Marico periodically and as and when required. Marico will communicate with You by email or by notices on Website or electronic records on the Website or on Your mobile number which will be deemed adequate service of notice / electronic record to the maximum extent permitted under any applicable law,
 

General Provisions

  1. Notice: All notices with respect to these Terms of Use from Marico will be served to You by email or by general notification on the Website. Any notice provided to Marico pursuant to these Terms of Use should be sent to Grievance Officer at satish.pai@marico.com
  2. Assignment: You cannot assign or otherwise transfer the Agreements, or any rights granted hereunder or any obligations, to any third party and any such assignment or transfer or purported assignment or transfer shall be void ab initio. Marico reserves the right to freely assign and/or transfer its rights and/ or obligations under the Agreement to any third parties without the requirement of seeking Your prior consent. Marico may inform You of such assignment or transfer in accordance with the notice requirements under the Agreement. Marico reserves the right to transfer Your Account and Account Information to a third party who purchases Marico business as conducted under the Website.
  3. Severability: If, for any reason, a court of competent jurisdiction finds any provision of the Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the Agreement shall continue in full force and effect. Marico may amend in a reasonable manner such provision to make it enforceable and such amendment will be given effect in accordance with the amendment terms of these Terms of Use.
  4. Waiver: Any failure or delay by a party to enforce or exercise any provision of the Agreement, or any related right, shall not constitute a waiver by such party of that provision or right. The exercise of one or more of a party's rights hereunder shall not be a waiver of, or preclude the exercise of, any rights or remedies available to such party under these Terms of Use or in law or at equity. Any waiver by a party shall only be made in writing and executed by a duly authorized officer of such party.
  5. Principal to Principal Relationship: You and Marico are independent contractors, and nothing in these Terms of Use will be construed to create a partnership, joint venture, association of persons, agency (disclosed or undisclosed), franchise, sales representative, or employment relationship between You and Marico. As an abundant caution, it is clarified that Marico shall not have any right to conclude any contract for sale or purchase of Products for and / or on Your behalf and both You and Marico have entered this Agreement on principal to principal basis.
  6. Force Majeure: If performance of any service or obligation under these Terms of Use or other Agreement by Marico is, or other third parties in fulfilment of any purchase or sale transaction (for eg: logistics service provider, fulfilment centre, payment gateways etc.) are, prevented, restricted, delayed or interfered with by reason of labour disputes, strikes, acts of God, floods, lightning, severe weather, shortages of materials, rationing, utility or communication failures, earthquakes, war, revolution, acts of terrorism, civil commotion, acts of public enemies, blockade, embargo or any law, order, proclamation, regulation, ordinance, demand or requirement having legal effect of any government or any judicial authority or representative of any such government, or any other act whatsoever, whether similar or dissimilar to those referred to in this clause, which are beyond the reasonable control of Marico or its third parties performing such services as sub-contractor to Marico and could not have been prevented by reasonable precautions (each, a "Force Majeure Event"), then Marico shall be excused from such performance to the extent of and during the period of such Force Majeure Event. Marico shall exercise all reasonable commercial efforts to continue to perform its obligations hereunder.
  7. Grievance Officer: In compliance with Information Technology Act, 2000 and the rules made thereunder, the Grievance Officer of Marico for the purpose of this Agreement shall be Mr. Satish Pai with email address: satish.pai@marico.com. Marico may change the aforesaid details from time to time under intimation to You.
 

Feedback and Information

  1. Any feedback You provide to this Website shall be deemed to be non-confidential. Marico shall be free to use such information on an unrestricted basis. Further, by submitting the feedback, You represent and warrant that (i) Your feedback does not contain confidential or proprietary information of You or of third parties; (ii) Marico is not under any obligation of confidentiality, express or implied, with respect to the feedback; (iii) Marico may have something similar to the feedback already under consideration or in development; and (iv) You are not entitled to any compensation or reimbursement of any kind from Marico, for the feedback under any circumstances.
  2. To clarify, Marico may at its discretion, make any modifications or changes to the Website, Content and / or Services on the basis of such feedback, however Marico shall not be obliged to do so. Further, in the event that Marico makes any changes or modifications to the Website, Content and / or Services on the basis of any such feedback, You shall not have any rights or title (including any intellectual property rights) in such changes or modifications to the Website, Content and / or Services. You expressly waive any and all rights in such changes or modifications to the Website, Content and / or Services, and assign to Marico, all worldwide rights and title (including any intellectual property rights) to such changes or modifications to the Website, Content and / or Services, in perpetuity. You hereby waive all rights under Section 19(4) of the Indian Copyright Act, 1957, or other similar provisions in laws of any jurisdiction, in relation to any such changes or modifications to the Website, Content and / or Services.
 

Additional Terms for Online Purchases of the Product

  1. All commercial/contractual terms are offered by and agreed to between Buyers and Sellers alone. The commercial/contractual terms include without limitation price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to products and services and after sales services related to products and services. Marico does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the Buyers and Sellers.
  2. Marico does not make any representation or Warranty as to specifics (such as quality, value, salability, etc) of the products or services proposed to be sold or offered to be sold or purchased on the Website. Marico does not implicitly or explicitly support or endorse the sale or purchase of any products or services on the Website. Marico accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
  3. Marico is not responsible for any non-performance or breach of any contract entered into between Buyers and Sellers. Marico cannot and does not guarantee that the concerned Buyers and/or Sellers will perform any transaction concluded on the Website. Marico shall not and is not required to mediate or resolve any dispute or disagreement between Buyers and Sellers.
  4. Marico does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc) of any of its Users. You are advised to independently verify the bona fides of any particular User that You choose to deal with on the Website and use Your best judgment in that behalf.
  5. Marico does not at any point of time during any transaction between Buyer and Seller on the Website come into or take possession of any of the products or services offered by Seller nor does it at any point gain title to or have any rights or claims over the products or services offered by Seller to Buyer.
  6. At no time shall Marico hold any right, title or interest over the products nor shall Marico have any obligations or liabilities in respect of such contract entered into between Buyers and Sellers. Marico is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.
  7. The Website is only a platform that can be utilized by Users to reach a larger base to buy and sell products or services. Marico is only providing a platform for communication and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between the Seller and the Buyer.
  8. At no time shall Marico hold any any right, title or interest over the products nor shall Marico have any obligations or liabilities in respect of such contract.
  9. Marico is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.
  10. You shall independently agree upon the manner and terms and conditions of delivery, payment, insurance etc. with the seller(s) that You transact with.
  11. Disclaimer: Pricing on any product(s) as is reflected on the Website may due to some technical issue, typographical error or product information published by seller may be incorrectly reflected and in such an event seller may cancel such your order(s).
  12. You release and indemnify Marico and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Website and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, Marico cannot take responsibility or control the information provided by other Users which is made available on the Website. You may find other User's information to be offensive, harmful, inconsistent, inaccurate, or deceptive. Please use caution and practice safe trading when using the Website.
  13. Please note that there could be risks in dealing with underage persons or people acting under false pretence.

TERMS OF SALE

THESE STANDARD TERMS OF SALE ("TERMS OF SALE") IS AN ELECTRONIC RECORD IN THE FORM OF AN ELECTRONIC CONTRACT FORMED UNDER INFORMATION TECHNOLOGY ACT, 2000 AND RULES MADE THEREUNDER AND THE AMENDED PROVISIONS PERTAINING TO ELECTRONIC DOCUMENTS / RECORDS IN VARIOUS STATUTES AS AMENDED BY THE INFORMATION TECHNOLOGY ACT, 2000. THESE TERMS OF SALE DOES NOT REQUIRE ANY PHYSICAL, ELECTRONIC OR DIGITAL SIGNATURE. THESE TERMS OF SALE IS A LEGALLY BINDING DOCUMENT BETWEEN BUYER AND SELLER WHERE THE SELLER HAS MADE THE OFFER TO SELL THE PRODUCTS LISTED ON THE WEBSITE AND BUYER HAS ACCEPTED SUCH OFFER OF THE SELLER BY AGREEING TO BUY THE PRODUCT SO OFFERED. THESE TERMS OF SALE WILL BE EFFECTIVE AND BINDING ON THE SELLER UPON THE LISTING ON THE WEBSITE AND SHALL BE EFFECTIVE AND BINDING ON THE BUYER UPON BUYER AGREEING TO PURCHASE THE PRODUCTS LISTED ON THE WEBSITE. In these Terms of Sale, a User (whether guest user or registered user) who purchases Products (as defined below) from the Seller on the website located at the URL www.getslimtherightway.com (“the Website”) is referred to as "Buyer" and the Seller is referred to as an individual or any legal entity who list itself on the Website and offers to sell, make available, sale and deliver any Products through the Website to the Buyer (referred to as "Seller"). These Terms of Sale describe, inter alia, the terms of offer for sale/sale, acceptance of offer for sale by Buyer and the purchase of goods and services ("Products") through the Website from the Seller. These Terms of Sale also contains certain statements and disclaimers made by Marico Limited ("Marico") which shall be binding on Buyer and Seller, as the case may be. Sometimes both Buyer and Seller are collectively referred to as "You" with its grammatical variations and cognate expressions. PLEASE READ THESE TERMS OF SALE CAREFULLY BEFORE GETTING LISTED AS SELLER OR BEFORE PURCHASING ANY PRODUCTS. THESE TERMS OF SALE ARE IN ADDITION TO VARIOUS AGREEMENTS, TERMS, PRIVACY POLICY, TERMS OF USE AND ALL OTHER POLICIES OF THE WEBSITE. SELLER MAY INCLUDE ADDITIONAL OR CONFLICTING TERMS AND CONDITIONS OF SALE AS MADE AVAILABLE ON THE WEBSITE ('ADDITIONAL TERMS OF SALE'). IF THERE IS ANY CONFLICT BETWEEN THESE TERMS OF SALE AND THE ADDITIONAL TERMS OF SALE, THE ADDITIONAL TERMS OF SALE SHALL TAKE PRECEDENCE TO THE EXTENT OF SUCH CONFLICT AND IN RELATION TO THAT SALE. IF A SELLER DOES NOT AGREE WITH THESE TERMS OF SALE, PLEASE DO NOT LIST OF MAKE ANY OFFER FOR SALE OF ANY PRODUCTS ON THE WEBSITE AND IF A BUYER DOES NOT AGREE TO THESE TERMS OF SALE AND ADDITIONAL TERMS OF SALE, PLEASE DO NOT BUY OR ATTEMPT TO BUY ANY PRODUCT LISTED ON THE WEBSITE. These Terms of Sale are subject to revision at any time and hence both Buyers and Sellers are requested to carefully read these Terms of Sale from time to time before listing or before making any purchase of the Products. The revised Terms of Sale shall be made available on the Website. If such a facility is provided, You may determine when these Terms of Sale were last modified by referring to the "Last Updated" legend provided above. You are requested to regularly visit the Website to view the most current Terms of Sale. It shall be Your responsibility to check these Terms of Sale periodically for changes and Buyer should also check Additional Terms of Sale. You may be asked to provide Your specific consent to any updates in a specified manner before any further use of the Website and related services. If no separate consent is sought, Your continued use of the Website following such changes and modifications to the Website or these Terms of Sale will constitute Your acceptance of such changes or modifications.  

Offer and Acceptance of the Product

  1. The Seller hereby makes an offer to sell the Products listed on the Website and the Buyer upon agreeing to purchase the Products so listed hereby accepts such offer to sell by the Seller. Accordingly, the contract for sale of the Product is a bipartite contract between Buyer and the Seller. Marico is not a third party beneficiary under such bipartite contract. The Buyer understands and agrees that the offer for sale of the Product by the Seller is not an absolute or an un-conditional offer. Such offer to sale by the Seller is subject to repudiation by the Seller at any time before the delivery of the Product to the Buyer and without any obligation to assign or provide any reason for such repudiation and without any consent from the Buyer and without any liability or any obligation towards the Buyer. The Seller and Buyer understand and agree that Marico has the right to cancel any sale transaction, listing or acceptance (i) for any reason in accordance with the Seller Agreement, these Terms of Sale, Website Terms of Use, Privacy Policy or under any contract or policy between Marico on one hand and the Seller or the Buyer on the other hand, or (ii) under an order or instruction from any statutory, quasi-judicial or judicial authority.
  2. The availability of the Product under the offer to sell is subject to change without notice prior to the purchase of the Product by the Buyer. However, there may be circumstances where the Product may not be available to be delivered to the Buyer after the purchase transaction. In such an event, Seller may cancel such purchase transaction without any recourse to Buyer and without any liability to the Seller or to Marico. If Buyer's order is so cancelled, after the payment has been processed, the said amount will be reversed / remitted to the Buyer either to the bank account provided by the Buyer for such reversal, or to the payment instrument of the Buyer from which payment was made, or to any pre-paid payment instrument account of the Buyer.
  3. With respect to the sale of Product by Seller to the Buyer, the Seller hereby represents and warrants to the Buyer that:
    • Seller has the right to sell the Products to the Buyer on or through the Website;
    • Buyer shall have and enjoy quiet possession of the Products;
    • Products shall be free from any charge or encumbrance in favor of third party;
    • Buyer shall be entitled to all the warranties and other collaterals applicable to the Product or as generally made available by the manufacturer or seller of the Product;
    • Product shall meet the description and specifications as provided on the Website.
 

Pricing Information

  1. The Selling Price of the Product is subject to change without notice prior to the purchase of the Product by the Buyer. Due to technical reasons there may be errors in Selling Price which may be corrected by the Marico at any time and any acceptance of offer of sale by the Buyer of the Products subject to such faulty Selling Price shall, subject to discretion of the Seller, not be a valid acceptance and such transaction can be avoided by the Seller.
  2. All prices are inclusive of applicable taxes unless stated otherwise.
 

Delivery of the Product

  1. There are various delivery models for delivery of purchased Product to the Buyer, as decided by the Seller. The risk of any damage, loss or deterioration of the Products during the course or delivery or during transit shall be on the Seller and not on the Buyer. Seller represent and warrant that the Products being delivered are not faulty and are exactly those Products which are listed on the Website and purchased by the Buyer and meet all descriptions and specifications as provided on the Website.
  2. The Product will be delivered to the shipping address provided by the Buyer. In the event Buyer's order is not serviceable by logistic service providers or by Seller or the delivery address is not located in an area that is covered under the order confirmation form, the Seller may contact the Buyer for an alternate shipping address on which the Product can be delivered by the logistics service provider or by the Seller.
  3. Please note that there is no guaranteed dispatch time and any information about the dispatch time is estimate only and should not be relied upon as such. Therefore, time is not the essence of the bi-partite contract between the Buyer and the Seller for purchase and sale of Product on or through the Website. However, the Product shall not be delivered to the Buyer unless the Buyer makes the payment of the purchase of Product.
  4. Buyer shall be bound to take delivery of the Products purchased by the Buyer that are said to be in a deliverable state. Where Buyer neglects or refuses to accept the delivery of the Products ordered by the Buyer, the Buyer may be liable to the Seller for such non-acceptance.
  5. The title in the Products and other rights and interest in the Products shall directly pass on to the Buyer from Seller upon delivery of such Product and upon full payment of price of the Product. Upon delivery, the Buyer is deemed to have accepted the Products. The risk of loss shall pass on to the Buyer upon delivery of Product.
  6. Before accepting delivery of any Product, the Buyer shall reasonably ensure that the Product's packaging is not damaged or tampered. No Product returns will be accepted by the Seller, once the Product is delivered and delivery thereof is accepted by the Buyer.
 

Cancellation of transaction / orders

  1. Cancellation by Seller: There may be certain orders that Seller is unable to accept and has the right to cancel. Seller reserves the right, at its sole discretion, to refuse or cancel any order for any reason whatsoever. Some situations that may result in Buyer's order being cancelled include, without limitation, non-availability of the Product or quantities ordered by Buyer or inaccuracies or errors in pricing information. Seller may also require additional verifications or information before processing any order. All such cancellation shall be without any recourse to Buyer and without any liability to the Seller or Marico. If Buyer's order is so cancelled, after the payment has been processed, the said amount will be reversed / remitted to the Buyer either to the bank account provided by the Buyer for such reversal, or to the payment instrument of the Buyer from which payment was made, or to any pre-paid payment instrument account of the Buyer. Marico shall have the sole discretion to determine the mode of reversal from the above options. In the event the Buyer has availed benefit under any marketing or promotional offer (including promotional code) given by Marico for the purchase of the Product, the amount under such marketing or promotional offer (including promotional code) shall not be refunded in case of cancellation of order. The above is the sole remedy of the Buyer and the sole liability of the Seller and sole responsibility of Marico for any cancellation of the purchase order by the Seller or otherwise other than by the Buyer.
  2. Cancellation by the Buyer: In case of requests for order cancellations, Seller reserves the right to accept or reject requests for order cancellations for any reason whatsoever. As part of usual business practice, if Seller receives a cancellation notice and the order has not been processed, Seller may cancel the order and refund the entire amount to Buyer within a reasonable period of time. Seller will not be able to cancel orders that have already been processed by the Seller. Buyer agrees not to dispute the decision made by Seller and accept Seller's decision regarding the cancellation.
 

Governing Law

  1. You agree that all claims, differences and disputes arising under or in connection with or in relation to the Terms of Sale or any transactions entered into on or through the Website or the relationship between You and Marico shall be subject to the exclusive jurisdiction of the courts at Mumbai, India and You hereby accede to and accept the jurisdiction of such courts.
 

Disclaimer by Marico

  1. MARICO'S ROLE IS THAT OF AN INTERMEDIARY IN THE FORM OF AN ONLINE MARKETPLACE AND IS LIMITED TO MANAGING THE WEBSITE TO ENABLE SELLER TO OFFER TO SELL THE PRODUCTS AND TO ENABLE BUYER TO PURCHASE THE PRODUCTS SO OFFERED, AND OTHER INCIDENTAL SERVICES TO FACILITATE THE TRANSACTIONS BETWEEN SELLERS AND THE BUYERS. ACCORDINGLY, THE CONTRACT FOR SALE OF ANY OF THE PRODUCTS SHALL BE A BIPARTITE CONTRACT BETWEEN SELLER AND THE BUYER. AT NO TIME SHALL MARICO HAVE ANY OBLIGATIONS OR LIABILITIES IN RESPECT OF SUCH CONTRACT NOR SHALL MARICO HOLD ANY TITLE IN THE PRODUCTS. THE TITLE IN THE PRODUCTS AND OTHER RIGHTS AND INTEREST IN THE PRODUCTS SHALL DIRECTLY PASS TO THE BUYER FROM THE SELLER.
  2. THESE TERMS OF SALE SHALL NOT AMEND OR MODIFY ANY AGREEMENTS, CONTRACTS, TERMS OR POLICIES BETWEEN THE BUYER OR SELLER ON ONE HAND AND MARICO ON THE OTHER HAND.
  3. MARICO DOES NOT CONTROL, ENDORSE OR ACCEPT RESPONSIBILITY FOR ANY PRODUCT OFFERED BY SELLERS ACCESSIBLE THROUGH THE WEBSITE OR ANY LINKED SITES. MARICO MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER ABOUT, AND SHALL NOT BE LIABLE FOR, THE SELLER OR ANY SUCH THIRD PARTIES, THEIR PRODUCTS INCLUDING REPRESENTATIONS RELATING TO MERCHANTABILIGY, FITNESS OF A PRODUCT OR SERVICE FOR A PARTICULAR PURPOSE. ANY TRANSACTIONS THAT BUYER MAY HAVE WITH SUCH THIRD PARTIES ARE AT BUYER'S OWN RISK. THE PRODUCTS SHALL BE SUBJECT TO SELLER'S TERMS AND CONDITIONS FOR WARRANTY, SERVICE AND MAINTENANCE, AND MARICO DOES NOT ACCEPT ANY RESPONSIBILITY FOR THE SAME. MARICO ALSO DOES NOT ACCEPT ANY RESPONSIBILITY FOR THE USAGE OF THE PRODUCTS BY THE BUYER.
  4. MARICO SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO ANY ILLEGAL, INFRINGING, FAKE, DUPLICATE, SPURIOUS, DEFECTIVE OR COUNTERFEIT, REFURBISHED, EXPIRED PRODUCTS PURCHASED BY BUYER FROM THE SELLER AND MARICO SHALL NOT ASSUME ANY LIABILITY IF THE PRODUCT PURCHASED OR AVAILED BY BUYER FROM THE SELLER IS NOT EXACTLY AS PER SPECIFICATIONS DETAILED IN THE PURCHASE CONFIRMATION ORDER.
  5. Marico is in no way responsible or liable for the offer for sale or sale of the Product by the Seller to the Buyer, its delivery, the warranty terms (if any) related to the Product and the return, refund or cancellation of purchase of any Products.
  6. Buyer expressly acknowledges that the Seller selling the defective Product will be responsible to Buyer for any claims that Buyer may have in relation to such defective Product and Marico shall not in any manner be held liable for the same.
  7. Marico shall not assume any liability for the non-availability of the Product, delivery of the Product directly by the Seller and the installation of the Product where required.