Term Of Use

TERMS AND CONDITIONS

1. GENERAL
1.1 The terms and conditions for usage of the Platforms as set out herein (“Terms of Use”) specifically
govern your access and use of the Platforms, which provides a forum for you to inter alia discover,
select and buy Products listed on the Platforms at the indicated price at any time, from the locations
serviceable by us.

1.2 Please note that we may from time to time, modify the Terms of Use that govern your use of the
Platforms. Every time you wish to use our Platforms, please check these Terms of Use to ensure that
you understand the terms and conditions that apply at that time. Further, please note that we reserve
the right to either change the format and the content of the Platforms or suspend the operation of the
Platforms for support or maintenance work, in order to update the content or for any other reason, at
any time.

1.3 The accessing, browsing, or otherwise using the Platforms indicates your agreement to these Terms
of Use, the Privacy Policy and any other policies or guidelines that may be applicable to the Platforms
at the time of your access and usage of the Platforms and which may be updated from time to time
(collectively, the “Agreement”).

1.4 We authorise you to view and access the Platforms solely for identifying Products, carrying out
purchases of Products and processing returns and refunds, in accordance with the Return and Refund
Policy. We therefore grant you a limited, revocable permission to access and use the Services.

1.5 By accepting this Agreement, you affirm that you are 18 (Eighteen) years of age or above and are
fully competent to enter into this Agreement, and to abide by and comply with this Agreement. If a user
is below 18 (Eighteen) years of age, it is assumed that he/she is using/browsing the concerned Platform
under the supervision of his/her parent or legal guardian and that such user’s parent or legal guardian
has read and agrees to the terms of this Agreement, including the terms of purchase of Products on
behalf of the minor user. In the event we are made aware that a user is under the age of 18 and is
using/browsing the Platform without the supervision of his/her parent or legal guardian, we reserve the
right to deactivate such user’s account without further notice. Further, if you are using the Services on
behalf of a company or organisation, you represent that you have the authority to act on behalf of that
entity, and that such entity accepts this Agreement.

2. REGISTRATION OF YOUR ACCOUNT

2.1 In order to purchase Products on the Platforms and/or avail Services thereof, you will have to
register on the Platform. Registration is a one-time process and is free of cost.

2.1.1 You may register on MERWE in one of the following ways:
a. Creating an MERWE account: by providing the relevant information for the creation of your account
on MERWE and after filling in the necessary forms and providing the necessary details as may be
required by us at the time of your registration. Following this, an account with an exclusive username
and password (basis your inputs) will be created by MERWE for you.

b. Using a third-party account:you may use the login credentials of the account maintained by you
with a MERWE-integrated third-party (illustratively, Google or Facebook), in which case you will also be
subject to the relevant third-party terms and conditions applicable to such account.
2.1.2 You may register on MERWE on successful mobile OTP (One Time Password) verification and you
will be eligible to further access and avail the Services after filling in the necessary forms and after
providing the necessary details as may be required by us at the time of your registration. For placing an
order, you should login to your account by completing the successful mobile OTP verification.
2.2 You are solely authorized to operate the account created by you. Consequently, it is your
responsibility to maintain the confidentiality of the log in credentials of your account on the Platforms
and for restricting access to your computer/mobile/other similar devices to prevent unauthorized
access to your account. You shall remain solely liable for all the actions undertaken through your
account.
2.3 You will: (a) immediately inform us of any unauthorized use of the account or any other security
breach; and (b) ensure that you log out of your account at the end of each session. We, our employees,
agents, directors and officers will not be liable for any loss or direct or indirect damage arising from
your failure to comply with these Terms of Use. You may be held liable for any losses incurred to us or
any other user due to unauthorized use of their account by you. We reserve the right to refuse access to
the Platform(s), terminate accounts, remove or edit content at any time without notice to you.

3. COMMUNICATION AND UNSUBSCRIPTION

3.1 By accepting the Terms of Use, you also accept to receive news, updates, offers/ campaign related
SMS, to the mobile phone number provided by you. By accessing and using the Platforms and/or
verifying your contact number with us, you explicitly consent to receive such communications (through
call, SMS, email or other digital and electronic means) from us and/or our authorized representatives
regarding any new services or offerings, even if your contact number is registered under the DND/NCPR
list under the Telecom Commercial Communications Customer Preference Regulations, 2018.
3.2 You can unsubscribe/ opt-out from receiving marketing/ promotional communications, newsletters
and other notifications from us at any time by following the instructions set out in such
communications.

4. ACCESS TO IMAGES

4.1 By accepting the Terms, you provide explicit consent to us, to have access to your camera and
gallery applications installed in your phone or computer, through which you are using the Platforms,
for the purpose of enabling us to provide Services.
4.2 You acknowledge and agree that in addition to the restrictions set out in paragraph 11
(User Warranties and Restrictions), you will ensure that any image uploaded by you: (i) does not belong
to another person, in relation to which you do not have any right; or (ii) such image is not defamatory,
obscene, pornographic, paedophilic, invasive of another’s privacy, including bodily privacy, insulting or
harassing on the basis of gender, libellous, racially or ethically objectionable; or (iii) is not harmful to
child; (iv) should not infringe any copyright or other proprietary rights; (v) does not impersonate
another person; or (vi) does not contain software virus or any other computer code, file or program
designed to interrupt, destroy or limit the functionality of any computer resource; or (vii) should not
contain indecent representation of women in any form; or (viii) violates any law for the time being in
force, including but not limited to Information Technology Act, 2000, Indecent Representation of
Women (Prohibition) Act, 1986 and Indian Penal Code 1860, and the rules made thereunder (as
applicable).
4.3 When you upload images that are covered by third party intellectual property rights, you grant or in
case of a third party, ensure that they are granted by you (whether by yourself or on behalf of the third

party), a non-exclusive, royalty-free, transferable, sub-licensable, worldwide licence to use, distribute,
copy, or display, translate and create derivative works of the images that you upload, solely in
connection with the Services.]
4.4 You acknowledge and accept that for the purpose of providing Services, the images uploaded by
you may be accessed, used or processed by a third party, and that we have no liability, obligation or
responsibility of any nature towards you or such third party and the contract under such instances
remains between you and such third party.
4.5 In the event of breach of any of the obligations mentioned in this paragraph 4 (Access to Images),
you accept that we will not be liable to you or any third-party in relation to any claims, losses,
liabilities, damages, and/or costs (including any attorney fees and costs) which may arise from breach
of the aforesaid obligations. You further agree that you will be liable to indemnify us in accordance with
paragraph 12 (Indemnification and Limitation of Liability) of the Terms.

5. DISCLAIMER OF WARRANTIES, INACCURACIES OR ERRORS

5.1 We will try to ensure that all information and recommendations, whether in relation to the
Products, Services, offerings or otherwise (hereinafter “Information”) provided as part of the
Platforms is correct at the time of inclusion on the concerned Platform. We do not guarantee the
accuracy of the Information. We make no representations or warranties as to the completeness or
accuracy of Information.
5.2 You agree that Information is being supplied to you on the condition that you will make your own
determination as to the suitability of such information for your purpose prior to use or in connection
with the making of any decision. No Information on the Platforms shall constitute an invitation to
invest in us or any affiliates. Any use of the Platforms or the Information is at your own risk. Neither we,
our affiliates, nor their officers, employees or agents shall be liable for any loss, damage or expense
arising out of any access to, use of, or Master enterprise upon, this website, the Information, or any
third-party website linked to the Platforms. We are not responsible for the content of any third-party
sites and do not make any representations regarding the content or accuracy of material on such sites.
If you decide to access links of any third-party platforms, you are doing so entirely at your own risk and
expense.
5.3 As a means to assist the users in identifying the Products of their choice, we provide visual
representations on the Platforms including graphics, illustrations, photographs, images, videos, charts,
screenshots, infographics and other visual aids. While reasonable efforts are made to provide accurate
visual representation, we disclaim any guarantee or warranty of exactness of such visual
representation or description of the Product, with the actual Product ultimately delivered to users. The
appearance of the Product when delivered may vary for various reasons.
5.4 Nothing contained herein is to be construed as a recommendation to use any Product, process,
equipment or formulation, in conflict with any patent, or otherwise and we make no representation or
warranty, express or implied that, the use thereof will not infringe any patent, or otherwise.
5.5 We do not covenant or provide any representations and warranties:
5.5.1 in respect of quality, suitability, accuracy, reliability, performance,  safety, merchantability, fitness
for a particular purpose/consumption or the content (including Product or pricing information and/or
specifications) on the Platforms;
5.5.2 that the Services will be made available at all times; and
5.5.3 that the operation of the Platforms, including the functions contained in any content, information
and materials on any Platform or any third-party sites or services linked to the Platforms will be
uninterrupted, or that the defects will be rectified, or that the Platforms or the servers that make such
content, information and materials available are free of viruses or other harmful components.

5.6 THE PLATFORMS AND THE SERVICES ARE PROVIDED TO YOU ON AN “AS IS” AND “WHERE-IS” BASIS,
WITHOUT ANY REPRESENTATIONS OR WARRANTIES. WE, FOR OURSELF AND ANY THIRD-PARTY
PROVIDING MATERIALS, SERVICES, OR CONTENT TO THIS WEBSITE, MAKE NO REPRESENTATIONS OR
WARRANTIES, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF THIRD-PARTY RIGHTS, WITH RESPECT TO
THE PLATFORMS, THE INFORMATION OR ANY PRODUCTS OR SERVICES TO WHICH THE INFORMATION
REFERS. WE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND,
INCLUDING BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE
DAMAGES, ARISING FROM OR CONNECTED WITH THE SITE, INCLUDING BUT NOT LIMITED TO, YOUR USE
OF THIS SITE OR YOUR INABILITY TO USE THE SITE, EVEN IF WE HAVE PREVIOUSLY BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES.
Disclaimer -To the extent permitted by applicable law, We, our officers, agents, employees and
directors, disclaim any liability against any loss, damage, expenses, liabilities, claim, injury caused due
to the failure of performance, omission, defect of products, or deletion, interruption, error, delay, virus,
communication, unauthorised access, theft, destruction, alteration or use of records on the Platforms.

6. AVAILIBILITY AND ACCESIBILITY OF THE PLATFORMS

6.1 We control and operate the Platforms from India and make no representation that the materials
and the content available on the Platforms is appropriate to be used or will be available for use in other
locations outside India. If you use the Platforms from outside India, you are entirely responsible for
compliance with all applicable local laws. These Terms of Use do not constitute, nor may these Terms
of Use be used for or in connection with any promotional activities or solicitation by anyone in any
jurisdiction in which such promotional activities or solicitation are not authorized or to any person to
whom it is unlawful to promote or solicit.
6.2 We have several websites offering Products, Services, content and various other functionalities to
specific regions worldwide. The Services offered in one region may differ from those in other regions
due to availability, local or regional laws, shipment and other considerations. We do not make any
warranty or representation that a user in one region may obtain the Services from our site in another
region and we may cancel a user's order or redirect a user to the site for that user’s region if a user
attempts to order Services offered on a site in another region.
6.3 Information that we publish on the World Wide Web may contain references or cross references to
our Products, programs and Services that are not announced or available in your country. Such
references do not imply that we intend to announce such Products, programs or Services in your
country. Consult our local business contact for information regarding the Products, programs and
Services that may be available to you.
6.4 We constantly monitor the user’s account in order to avoid fraudulent accounts and transactions.
Users with more than one account or availing referral vouchers fraudulently shall be liable for legal
actions under law and we reserve the right to recover the cost of goods, collection charges and lawyer
fees from persons using the Platforms fraudulently. We reserve the right to initiate legal proceedings
against such persons for fraudulent use of the Platforms and any other unlawful acts or omissions in
breach of these terms and conditions. In the event of detection of any fraudulent or declined
transaction, prior to initiation of legal actions, we reserve the right to immediately delete such account
and dishonour all past and pending orders without any liability. For the purpose of this clause, we shall
owe no liability for any refunds.

7. THIRD PARTY INTERACTION AND LINKS TO THIRD PARTY SITES

7.1 In your use of the Platforms, you may enter into correspondence with, purchase goods and/or
services from, or participate in promotions of advertisers or members or sponsors of the Platforms or
access any other third-party website linked to the Platforms. Unless otherwise stated, any such
correspondence, advertisement, purchase or promotion, including the delivery of and the payment for

goods and/or services, and any other term, condition, warranty or representation associated with such
correspondence, purchase or promotion, is solely between you and the applicable third party. You
agree that we have no liability, obligation or responsibility for any such correspondence, purchase or
promotion, access or usage of any third-party website and the contract under such instances remains
between you and any such third party.

8. LICENSE AND USE OF YOUR CONTENT

8.1 You grant to us a royalty-free, perpetual, irrevocable, non-exclusive right and license to adopt,
publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works from, display
worldwide, or act on any material posted by you on the Platforms without additional approval or
consideration in any form, media, or technology now known or later developed, for the full term of any
rights that may exist in such content, and you waive any claim over all feedback, comments, ideas or
suggestions or any other content provided through or on the Platforms. You agree to perform all
further acts necessary to perfect any of the above rights granted by you to us, including the execution
of deeds and documents, at its request.
8.2 You agree that we do not routinely monitor your postings on the Platforms but reserve the right to
do so. However, if we become aware of inappropriate use of the Platforms or any of its Services, we will
respond in any way that, in its sole discretion, we deem appropriate. You acknowledge that we will
have the right to report to law enforcement authorities of any actions that may be considered illegal, as
well as any information it receives of such illegal conduct. When requested, we will co-operate fully
with law enforcement agencies in any investigation of alleged illegal activity on the internet.
8.3 Submissions and unauthorised use of any materials contained on the Platforms may violate
copyright laws, trademark laws, the laws of privacy and publicity, certain communications statutes and
regulations and other applicable laws and regulations. You alone are responsible for your actions or
the actions of any person using your username and/or password. As such, you shall indemnify and hold
us and our officers, directors, employees, affiliates, agents, licensors, and business partners harmless
from and against any and all loss, costs, damages, liabilities, and expenses (including attorneys' fees)
incurred in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third
party that your use of the Platforms or the use of the Platforms by any person using your user name
and/or password (including without limitation your participation in the posting areas or your
Submissions) violates any applicable law or regulation, or the rights of any third party.
8.4 We reserve the right to terminate access to the Platforms at any time and without notice. Further
this limited license terminates automatically, without notice to you, if you breach any of these Terms of
Use. Upon termination, you must immediately destroy any downloaded and printed materials. Any
provision of the Terms of Use which imposes an obligation or creates a right that by its nature will be
valid after termination or expiration of the Terms of Use shall survive the termination or expiration of
the Terms of Use.

5. LICENSES

You acknowledge that there may be licenses/permissions required under the applicable laws to use,
purchase or otherwise possess certain Product(s). You will be solely responsible for obtaining such
licenses/permissions and complying with the terms of such licenses/permissions.

6. TAXES

You shall be responsible for payment of all fees/costs/charges associated with the purchase of
Products from us and you agree to bear any and all applicable taxes.

7. ELIGIBILITY

Only persons who can enter into legally binding contracts as per Indian Contract Act, 1872, i.e., persons
who are 18 (Eighteen) years of age or older, are of sound mind, and are not disqualified from entering

into contracts by any law, can use the Platforms and place an order with us. If you are a minor i.e.,
under the age of 18 (Eighteen) years, you may purchase the Product on the Platforms only with the
involvement of a parent or guardian.

8. LIMITATION OF LIABILITY

In no event, our aggregate liability, if any, that is proven and ordered by a court of competent
jurisdiction pursuant to a claim by you or person acting on your behalf, shall extend beyond the money
charged from you for purchases made pursuant to an order under which such liability has arisen and
been established. We will not be responsible for any business loss (including loss of profits, revenue,
contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or
consequential loss that is not reasonably foreseeable to both you and us when a contract for the sale of
Product by us to you was formed.

9. AMENDMENTS

We reserve the right to make changes to our policies, and these Terms of Sale at any time. You will be
subject to the policies and Terms of Sale in force at the time you order Product from us, unless any
change to those policies or these Terms of Sale is required to be made by law or government authority
(in which case it will apply to orders previously placed by you). If any of these conditions is deemed
invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not
affect the validity and enforceability of any remaining condition.

10. FORCE MAJEURE

We will not be held responsible for any delay or failure to comply with its obligations if the delay or
failure arises from any cause which is beyond our reasonable control.

11. WAIVER

No provision in these Terms of Sale will be deemed waived and no breach excused, unless such waiver
or consent is in writing and signed by us. Our consent to, or waiver of your breach, whether expressed
or implied, will not constitute consent to, waiver of, or excuse for any other different or subsequent
breach.

12. GOVERNING LAW AND DISPUTE RESOLUTION

These Terms of Sale, all transactions consummated between you and us, and our relationship with you
is governed by the laws of India, without reference to any conflict of laws principles and with an
exclusive jurisdiction to the courts of Mumbai.

13. MISCELLANEOUS

13.1 In addition to these Terms of Sale, you will also ensure that you are in compliance with the terms
and conditions of the third parties, such as bank offers terms and conditions, brand promotional offers,
whose links, if any, are contained/embedded in the Terms of Use.
13.2 These Terms of Sale supersede all previous oral and written terms and conditions (if any)
communicated to you by us, for the purchase of Product.