This agreement (“Agreement”) governs the relationship between Matrika Creations Private Limited (“Matrika” or “we”) and the persons who use the website www.mahamala.com (“Site”) and / or purchase the Products (as defined in Clause 3.1) (the “Customers” or “you”) on the Site.
- ACCEPTANCE OF THE TERMS
By signing up for an account on the Site, you acknowledge that you have read, accept and agree to be bound by the terms and conditions set forth in this Agreement.
- CHANGES TO AGREEMENT
This Agreement may be updated periodically. All such updates and changes are effective immediately upon posting a revised version of this Agreement on the Site. You should view this Agreement often to stay informed of changes that may affect you, as your continued use of the Site signifies your continuing consent to be bound by the terms of this Agreement. We expressly reserve the right to make any changes to this Agreement, or to the Site and its contents at any time without prior notice. If any change to this Agreement is not acceptable to you, your only remedy is to stop accessing and using the Site.
- DESCRIPTION OF SERVICE
3.1. Matrika makes available to the Customers through the Site, a variety of health and wellness jewelry in the form of hand-strung 108 bead ‘Japa’ necklaces made of precious and semi-precious stones and metals which are combined keeping in mind the inherent metaphysical properties of the stones (the “Products”) (the “Service”).
3.2. You acknowledge that Matrika has the right to change or discontinue the Service at any time, without notice. You further acknowledge that Matrika may add or modify the procedures, modes, processes or conditions of service at any time. You agree that Matrika shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services or the Site
4.1. In consideration of your use of the Site, you represent that you are of legal age to form a binding contract; you agree that all information that you provide to Matrika in connection with your access to the Site and use of the Service (including, but not limited to, all information that you provide in the registration process) is true, accurate and complete; and that you will maintain and routinely update such information to keep it true, accurate and complete at all times. We reserve the right to terminate this Agreement and to refuse, restrict or discontinue the Service or access to the Site, or any portion or features of the Site and the Services, to you or any other person or entity, for any reason or for no reason whatsoever, at any time, and without notice or liability, including, but not limited to, termination of your use of the Site and the Services, in the event that any information provided by you in the registration process is, at such time or at any time thereafter, untrue, inaccurate or incomplete or if you otherwise fail to comply with the terms and conditions of this Agreement or other agreement that you have with us. You are responsible for maintaining the confidentiality of your password and account and are fully and solely responsible for all activities that occur under your password and account.
- USE OF THE SERVICE
5.1. Subject only to the limited right to access and use the Service expressly granted to you under this Agreement, all rights, title and interest in and to the Service and the Site and its components shall remain with and belong exclusively to Matrika.
5.2. You agree that you shall not log onto a server or account that you are not authorized to access, attempt to probe, scan or test the vulnerability of the Service or any associated system or network, breach security or authentication measures, interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service.
5.3. You agree to use the Site only for lawful purposes. You agree not to take any action that might compromise the security of the Site, render the Site inaccessible to others or otherwise cause damage to the Site or the content on the Site. You agree not to add to, subtract from, or otherwise modify the contents of the Site, or to attempt to access any content that is not intended for you. You agree not to use the Site in any manner that might interfere with the rights of third parties.
- CANCELLATION AND TERMINATION
7.1. Matrika reserves the right to (i) modify or discontinue, temporarily or permanently, the Service (or any part thereof) and/ or the Site; and (ii) refuse any and all current and future use of the Service and / or the Site, suspend or terminate your account or use of the Site and / or the Service for any reason, including, if Matrika believes that you have violated this Agreement or have acted in a manner that is prejudicial to its interests. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Site / the Service may be referred to appropriate law enforcement authorities and you release Matrika from any and all liability stemming from such reporting and cooperating with local, state, federal law enforcement officials. Under no circumstances shall Matrika be liable to you or any third party for any modification, suspension or discontinuation of the Site / the Service.
8.1. Matrika may, from time to time, need to interrupt the Service for maintenance and other operational reasons, as determined in its sole discretion, and you shall not receive any compensation or refund for such interruptions. Matrika shall not be liable to you or any third party for any interruption of Service for any reason, and you hereby release and agree to defend, indemnify and hold harmless Matrika from and against any and all claims, costs (including attorney fees), injuries, losses or damages arising in connection with such interruption.
- COMPLIANCE WITH LAW
9.1. In connection with your access to and use of the Site and the Services and that of any person authorized by you to use the Service, you are responsible for compliance with all applicable laws, regulations and policies of all relevant jurisdictions. These assurances and commitments by you shall survive termination of this Agreement.
- LINKED SITES
10.1. For your convenience, certain hyperlinks may be provided on the Site which link to other Web sites that are not under the control of Matrika. Matrika does not sponsor or endorse such Web sites and is not responsible for the accuracy, security, content or any aspect thereof. Matrika disclaims all liability for such Web sites, and for any use of the links to such Web sites or use of such Web sites themselves.
10.2. You agree that you will bring no suit or claim against Matrika arising from or based on your use of, or the offer or purchase of products or services on or through, such other Web sites.
Although Matrika strives to make the Site and the Service helpful, reliable and current, you understand that your access to and use of the Site and the Service is at your own initiative and risk. MATRIKA MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SITE OR THE SERVICE OR THE CONTENT ON THE SITE. MATRIKA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SITE, THE SERVICE, ANY CONTENT ON THE SITE, AND ANY PRODUCT OR SERVICE FURNISHED OR TO BE FURNISHED VIA THE SITE. MATRIKA DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE SITE OR THE SERVICE WILL BE CORRECTED OR THAT THE SITE IS FREE OF VIRUSES, TROJAN SOFTWARE, HACKER ACTIVITY OR OTHER HARMFUL COMPONENTS. MATRIKA DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT ON THE SITE, OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. THE SITE, THE SERVICE AND THE CONTENT ON THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
- LIMITATION OF LIABILITY
12.1. UNDER NO CIRCUMSTANCES OR EVENT OR UNDER ANY LEGAL THEORY (WHETHER IN CONTRACT, TORT, OR OTHERWISE) SHALL MATRIKA OR THE OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, MANAGERS, EMPLOYEES, REPRESENTATIVES AND AGENTS OF MATRIKA (ALL SUCH INDIVIDUALS AND ENTITIES ARE COLLECTIVELY, THE “MATRIKA ASSOCIATES”), BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST SALES OR BUSINESS, LOST DATA OR BUSINESS INTERRUPTION ON ANY GROUNDS, INCLUDING ARISING IN ANY WAY OUT OF:
(i) THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE SITE, EVEN IF ANY MATRIKA ASSOCIATES SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES;
(ii) OUT OF YOUR ACCESS TO AND USE OF THE SITE, THE SERVICES AND THE CONTENT ON THE SITE, ANY BREACH OF THIS AGREEMENT (INCLUDING ANY REPRESENTATIONS MADE HEREIN), ANY UNAUTHORIZED ACCESS TO THE SITE USING YOUR PASSWORD OR ANY VIOLATION OF ANY RIGHTS OF A THIRD PARTY, ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF THE SITE;
FOR AVOIDANCE OF DOUBT, IT IS CLARIFIED THAT THE MATRIKA ASSOCIATES SHALL NOT BE LIABLE FOR ANY DAMAGES, COSTS, LOSSES OR LIABILITIES WHATSOEVER. THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS UNDER THIS AGREEMENT BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO ENTER INTO THIS AGREEMENT.
13.1. You hereby unconditionally and forever release, discharge and agree to indemnify, defend and hold all of the Matrika Associates harmless from and against all claims, demands, suits or other proceedings, and all resulting loss, damage, liability, cost and expense (including reasonable attorneys’ fees), whether under contract, warranty, tort (including negligence, strict liability, product liability or other theory) relating to any claim that you may now or later have due to or arising out of the Services. Service Provider reserves, and you grant to it, the right to assume exclusive defense and control of any matter subject to indemnification by you. All rights and duties of indemnification set forth herein shall survive termination of this Agreement.
14.2. Our electronically or otherwise properly stored copy of this Agreement shall be deemed to be the true, complete, valid, authentic and enforceable copy of this Agreement and you agree that you shall not contest the admissibility or enforceability of Matrika’s copy of this Agreement in a court in connection with any proceeding arising out of this Agreement.
14.3. This Agreement does not confer any rights, remedies or benefits upon any person other than the Customer and Matrika.
14.4. Matrika may assign its rights and duties under this Agreement at any time to any party without notice.
14.5. This Agreement shall be binding on and inure to the benefit of the parties hereto and their respective successors and assigns.
14.6. If any provision of this Agreement or the application thereof to any person or circumstance shall be invalid or unenforceable to any extent for any reason including by reason of any Law or regulation or government policy, the remainder of this Agreement and the application of such provision to persons or circumstances other than those as to which it is held invalid or unenforceable shall not be affected thereby, and each provision of this Agreement shall be valid and enforceable to the fullest extent permitted by Law. Any invalid or unenforceable provision of this Agreement shall be replaced with a provision, which is valid and enforceable and most nearly reflects the original intent of the invalid and unenforceable provision.
14.7. No waiver by Matrika of any breach of any provision of this Agreement by the Customer shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provision of this Agreement and no waiver shall be effective unless made in writing and signed by an authorized representative of Matrika.
14.8. This Agreement shall not be construed to make you and Matrika a partner, agent or joint venture of each other.
The Site was created and is presently maintained, located and controlled by Matrika in India. This Agreement shall be governed by and construed under the laws of India, without regard to conflicts of law principles or rules thereof. You hereby expressly agree to submit to the exclusive jurisdiction of the federal and state courts located in New Delhi for the purpose of resolving any dispute relating to this Agreement, your access to or use of the Site or the Service. You agree to submit to the personal jurisdiction of the courts located in India and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts. Any dispute arising out of or related to this Agreement and your access to and use of the Site or the Service shall be finally settled under arbitration in accordance with the Arbitration and Conciliation Act, 1996, by a sole arbitrator appointed by Matrika. The place of arbitration shall be New Delhi, India and the language of the arbitration shall be English.
- QUESTIONS REGARDING TERMS
16.1. Please CONTACT US with any questions regarding the Site, the Service or this Agreement.