USER AGREEMENT

MERRI Safety Solutions India Pvt. Ltd. (“Merricart” or “we” or “us”)is in the business of owning and operating an online market place located at the URL www.Merricart.com (the “Website”) which acts as an online / electronic Website in the form of an intermediary, providing e-commerce marketplaces Websites/technology, internet marketing services, facilitation of payment services, fulfilment support to third party sellers to offer for sale, sell their products and for third party buyers to access variety of products and accept to purchase the products offered by sellers.

By using the services provided by the Website,every user (“User” or “you” or “your”) accepts theterms and conditions (“Terms”)stated below and also to any modifications and amendments made to the Termsfrom time to time.

Please read these Terms carefully before using the Website. You expressly acknowledge that you are aware of and understand these Terms upon entering the Website and have had access to the same. Consequently, by using the Website, you signify your assent and agreement to these Terms. If you do not agree to be bound by (or cannot comply with) any of these Terms, then you are not authorised to continue use of the Website and/or Services. In such an event do not click the "I Agree" box, do not complete the registration process, and do not attempt to use the Website.

We reserve the right to modify, alter and change the terms & conditions of this User Agreement as and when deemed necessary without any obligation to inform its users. It isthe responsibility of the users to carefully read the Terms and make themselves aware of any modifications or amendments to them from time to time.

  1. ACCESS AND USE

Whilst we try to ensure that access to the Website will always be available, we may from time to time temporarily restrict or block access to, or use, all or part of the Website without notice. We do not represent or warrant that the Website will be available and that access will be uninterrupted, without delays, failures, errors, loss of transmitted information and will not cause damage to any property, or otherwise minimise or eliminate the inherent risks of the internet including but not limited to loss of data, computer virus infection, spyware, malicious software, trojans and worms including any material used or downloaded from the Website.

We reserve the right to modify, suspend or discontinue, temporarily or permanently, the Website or any part of it, with or without notice, at any time. Any of the material on this Website may be out of date at any given time, and we are under no obligation to update such material nor shall we be liable for any losses/damages incurred by you on relying upon such information.

You agree that we shall not be liable to you or to any third party for any such modification, suspension or discontinuation of this Website.

The User is responsible for making all arrangements necessary for access to the Website and shall also be responsible for ensuring that all persons who access this Website through your registered account with us are aware of these Terms, and that they comply with these Terms.

We will process your data/information in accordance with the Privacy Policy, which is published on this site. By using this Website, you consent to your data/information being processed by us.

You warrant that all data/information provided by you is accurate and complete and that you have authorization from all relevant third parties, if required, to disseminate such data/information.

You represent and warrant that you shall not host, display, upload, modify, publish, transmit, update or share any information that:

  1. belongs to another person and to which the User does not have any right;

  2. is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise immoral or unlawful in any manner whatever;

  3. harm minors in any way;

  4. infringes any patent, trademark, copyright or other proprietary rights of third parties;

  5. violates any law for the time being in force;

  6. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

  7. impersonates another person;

  8. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;

  9. threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.

  10. You shall under no circumstance misuse this Website by spreading viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful (together "Viruses"). You must not attempt to gain unauthorised access to our Website, the server on which theWebsite is stored or any server, computer or database connected to this Website. In the event of a breach of the Terms by you, we shall at our sole discretion cease your access to the Website immediately and take such appropriate action as we may be legally entitled to.

Where this Website links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility or liability to you for your use of such third party sites.

  1. CONFIDENTIALITY

The information so disclosed or shared in connection with the Services provided by Merricart may be of essentially two types:

  1. Personal information limiting specifically to your "name", "age", "country of residence", "height", "weight", "address" and "payment account details". ("Class I information");

  2. Medical Information including but not limited to your blood group, allergies, genetic disorders, past medical prescriptions, medical prescriptions and any other medical transcripts provided by our Consultants ("Class II information").

All Class II information shall be end-to-end encrypted. It is hereby notified to the Users and the Users acknowledge and agree that while we may have access to the information defined under the first head, no employee, representative or third party subcontractor/partner of Merricart shall have access to the information under point (ii) except the User and when he so decides to share any information designated as Class II information herein, his Consultant.

The User acknowledges and agrees that Class II information may be shared only for the purpose of diagnosis by and between himself/herself and his/her Consultant.

"Confidentiality Information" in relation to a User of the Website, shall mean and include, information shared in connection with the Services including but not limited to:

  1. User's Class I information includingname, age, occupation, medical records, medical history of the User;credentials and other information;

  2. Merricart information;

  3. Intellectual Property of Merricart and or its licensors;

  4. Any other specific material, which the disclosing party designates or considers as confidential; and

Confidential Information shall not include the following:

  1. Information, which is or becomes publicly known through no fault of the receiving party; and/or

  1. Information which is disclosed to the extent required by any applicable law, regulation or court in order to ensure compliance with such laws/regulations. Provided however, the receiving party shall notify the disclosing party in writing, promptly after becoming aware of its obligations to make such a disclosure, and shall assist the disclosing party to seek to challenge or limit such disclosure required to be made by receiving party.

Each party agrees and undertakes not to use the Confidential Information of the other party for its own account or purposes, or for the purposes of any third party, except where expressly disclosed by the other party you in connection with a consultation.

Each party agrees and confirms not to disclose any Confidential Information except on a need-to-know basis and to only such others who are required to have the information in order to evaluate or engage in the diagnosis contemplated herein.

A User may at his/her sole option delete, edit or modify its Confidential Information at any time.

The User acknowledges and agrees that Merricart shall be entitled to retain a copy the Users' Confidential Information pursuant to its internal organizational policies. However, Merricart confirms that any such information retained shall be subject to the Terms herein, the Privacy Policy and applicable laws.

  1. INTELLECTUAL PROPERTY RIGHTS

Merricart and or its licensors exclusively own all intellectual property in and to the Website and any content, software, techniques and processes published by Merricart on the Website ("Intellectual Property"). Your use of the Website or any content therein shall by no means grant you any rights, whether implied or express by Merricart.

Merricart and/or its licensors are the exclusive proprietors of trademarks and logos contained on the Website. Notwithstanding the generality of the foregoing, the name, We are the sole owner of the trademark "Merricart". Any use of the Merricart's trademarks or copyright, unless otherwise authorized in a written agreement, will constitute an infringement upon the trademark and copyright (or any other such intellectual property right) of Merricart and shall be actionable under the applicable laws.

You are given a limited, royalty-free, revocable and non-transferable license to use the Website and any Intellectual Property contained therein for personal and non-commercial use in India till such time as Merricart, at its sole discretion, decides.

  1. ACCURACY OF CONTENT

We shall endeavour to ensure any content published on the Website is factually correct and accurate.

We shall ensure that prices quoted on the products and services are accurate and the description and specification of such products and services are true and correct.

Please be informed that all prices displayed against products on our Website include Value Added Tax. However for services that we may offer from time to time, the then applicable service tax shall be charged additionally as per extant applicable law.

The images of products displayed on the Websiteare merely for pictorial and representational purposes, and the actual products may differ. Users are required to go through the specifications of the products prior to placing an order

The specifications including weight, dimension and capacity of products displayed on the websiteare as provided by their manufacturers and maybe approximate.

Merricart displays products and services on the Website to solicit an offer to purchase the samedirectly from the Vendors selling such products or services by facilitating the transaction on our Website .In other words, each of your orders for purchase constitutes an offer from you to buy a product or service that the vendors offer and as such will be subject to the Terms.

Merricart and/or the vendors, as the case maybe, at its sole discretion reserves the right to accept or reject your offer, entirely or partially. Your offer shall be deemed to have been accepted upon the dispatch of the product(s) so ordered by you. No order can be cancelled by you once it has been dispatched.

You shall be informed of the confirmation of your order by email and/or phone numberas soon as possible.

  1. GENERAL TERMS OF USE

The User hereby agrees to be subject to the following terms of use:

  1. The User is hereby authorised to use the website for lawful purpose only, any violation or non-conformity with the Terms herein or with the policies shall lead to appropriate action by Merricart against the User;

  1. Merricart endeavours to provide best prices possible on products and services to the Users of the Website. However, Merricart does not guarantee and the User shall not assume that the price of a product or a service is the lowest offered price, whether in the city, state or country. Prices and availability of products and services are subject to change without notice or any consequential liability on Merricart;

  1. The prices displayed for each item under the “promotion”stream/category (on the Website) will be for the respective days of promotion only and will not be applicable on any date prior to or after the date of promotion, and all offers on products shall be for limited stocks and are for limited period(s). Merricart may at its sole discretion modify, extend, update or withdraw the offers on products without prior notice to the Users;

  1. A promo code, once used shall not be refunded in case of cancellation of order either by a User or byMerricart;

  1. In case of ”cash back offers” extended by banks during the aforesaid period, User will, in addition to these Terms, be governed by the terms and conditions of the said bank/card issuer;

  1. Merricart may, at any time due to various reasons, including but not limited to technical errors, unavailability of stocks or for any other reasons whatsoever, cancel the orders placed by Users. Merricart's decision of cancellation of order shall be final and Merricart shall not be liable for such cancellation(s) whatsoever;

  1. Expected delivery time as mentioned on website may vary than actual time of delivery;

  1. Merricart strives to provide accurate products, services and pricing information.However typographical and other errors may occur. In the event that a product or service is listed at an incorrect price or with incorrect information due to an error in pricing or product or service information, Merricart may, at its discretion, either contact User for instructions or cancel the User's order and will notify the User about such cancellation;

  1. Merricart shall have right to modify the price of a product or service any time, without any prior information.

  1. RIGHT TO CANCEL ORDER

  1. Cancellation by Merricart:

There may be certain orders that Merricartmay be unable to accept and which would require to be cancelled. Merricart reserves the right, at its sole discretion, to refuse or cancel any order for any reason whatsoever, without assigning any reason to the User. User must accept and undertake that the same is acceptable and he/ she/ it will not contest/ raise any dispute on the same. The situations that may result in cancellation of User's order includes, without limitation, non-availability of the product or quantities ordered by User, non-availability of the service, inaccuracies or errors in pricing information, or problems identified by Merricart's credit and fraud avoidance department;

Merricart may also require additional verifications or information before accepting any order. Merricart will contact the User if all or any portion of User's order is cancelled or if additional information is required to accept the User's order. If the order is cancelled after credit card has been charged, the said amount will be reversed back in User's credit card account.

  1. Cancellation by the User: In case of requests for order cancellations, Merricart, at its sole discretion, reserves the right to accept or reject requests for order cancellations for any reason whatsoever, without assigning any reason to the User. As part of usual business practice, if Merricart receives a cancellation notice and the order has not been processed/ approved by Merricart, Merricart shall cancel the order and REFUND the entire amount to User within a reasonable period of time;

Merricart will not cancel orders that have already been processed.Please note that Merricart has the sole right to decide whether an order has been processed or not. Users hereby agree and undertake that the decision taken by the Merricart is acceptable to User and User shall not create any dispute on the decision taken by Merricart on cancellation;

Merricart reserves the right to cancel any orders that classify as 'Bulk Order' as determined by Merricart as per certain criteria. Merricart Reward Points or Promo Code used for placing the 'Bulk Order' will not be refunded as per this cancellation policy. An order can be classified as 'Bulk Order' if it meets the below mentioned criteria (as ma be determined solely by Merricart), which may not be exhaustive, viz:

  • Products ordered are not for self-consumption but for commercial resale;

  • Multiple orders placed for same product at the same address;

  • Bulk quantity of the same product ordered;

  • Invalid address given in order details;

  • Any malpractice used to place the order.

Merricart reserves the right, at its sole discretion, to change, modify, add or remove portions of this document, at any time without any prior written notice to user;

  1. LIMITATION OF LIABILITY

Under no circumstances shall Merricart's liability exceed the cost of the product or service availed for under the relevant order;

  1. QUANTITY RESTRICTIONS

We reserve the right, at our sole discretion, to limit the quantity of items purchased per person, per household or per order. These restrictions may be applicable to orders placed by the same account, the same credit / debit card, and also to orders that use the same billing and/or shipping address. We will provide notification to the User should such limits be applied. We also reserve the right, at our sole discretion, to prohibit sales to any one as we may deem fit.

  1. PRICING INFORMATION

While we strive to provide accurate product and pricing information, pricing or typographical errors may occur. We cannot confirm the price of a product until after you order. In the event that a product is listed at an incorrect price or with incorrect information due to an error in pricing or product information, we shall have the right, at our sole discretion, to refuse or cancel any orders placed for that product, unless the product has already been dispatched. In the event that an item is mis-priced, we may, at our sole discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Unless the product ordered by you has been dispatched, your offer will not be deemed accepted and we will have the right to modify the price of the product and contact you for further instructions using the e-mail address or the contact number provided by you during the time of registration, or cancel the order and notify you of such cancellation. In the event we accept your order the same shall be debited to your credit / debit card account and duly notified to you by email or the contact number, as the case may be, that the payment has been processed.

The payment may be processed prior to dispatch of the product that you have ordered. If we have to cancel the order after we have processed the payment, the said amount will be reversed back to your credit / debit card / net-banking account. While we strive to provide you with best value, prices and availability are subject to change without notice.

Merricart reserves the right to charge costs for delivery of products ordered by you if the value of the product, or if the total invoice value (in the event of ordering more than 2 products with the same delivery address), does not exceedRs. 499 (Rupees Four Hundred and Ninety Nine Only). The aforementioned limit may be modified from time to time at the sole discretion of Merricat. Merricart shall ensure that any applicable delivery costs are mentioned/intimated to you prior to confirmation of the order by you.

Our promotional offers/discounts are not applicable to all items on the Website and may be limited to selected categories. Coupon codes may not be applicable on categories like diapers, baby food etc. or such other product or service as may be determined by us in our sole discretion.

  1. INDEMNITY

We disclaim all warranties or conditions, whether expressed or implied, (including without limitation implied, warranties or conditions of information and context). We shall not be liable to any person for any loss or damage which may arise from the use of any of the information contained in any of the materials on this Website and / or the products sold to the user by the vendor / seller.

You agree to defend, indemnify and hold harmless Merricart, its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney’s fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to Merricart or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfillment of any of your obligations under this User Agreement or arising out of your violation of any applicable laws, regulations including but not limited to intellectual property rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this User Agreement.In the event of any deficiency in service or consumer proceedings, the User specifically agrees to directly take the issue against the vendor/seller and the order/award if any shall have to be enforced against the vendor/seller.

  1. ELIGIBILITY TO USE

Use of the Website is available only to persons who can form legally binding contracts under applicable law. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including un-discharged insolvents etc. are not eligible to use the Website. We reserve the right to terminate your membership/registration and refuse to provide you with access to the Website at our sole discretion. The Website is not available to persons whose membership/registration has been suspended or terminated by us for any reason whatsoever. If you are registering as a business entity, you represent that you have the authority to bind the entity to this User Agreement. We make no representation that any products or services referred to in the materials on this Website are appropriate for use, or available outside India. Those who choose to access this Website from outside India are responsible for compliance with local laws if and to the extent local laws are applicable. We will deliver the products only within India and will not be liable for any claims relating to any products ordered from outside India. Some Indian states prohibit direct sale of merchandise from other states and require special documentation to effect such a sale without dual taxation, if we receive an order from such states or to be delivered to such states under such circumstances we retain the right to accept or reject the order at our sole discretion. Those who choose to access this Website from Indian states which restrict such use are responsible for compliance with local laws if and to the extent local state laws are applicable. We will deliver the products only within states having open import policy and will not be liable for any claims relating to any products ordered from restricted states. Except where additional terms and conditions are provided which are product specific, these terms and conditions supersede all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with any other terms of any order submitted.

  1. PRIVACY

Please refer to our Privacy Policy and read through the document carefully to gain full understanding of our practices governing the security of information and your privacy.

  1. REFUSAL OF SERVICE

We reserve the right to refuse service to anyone at any time. We reserve the right, in our sole discretion, to suspend or cancel the service at any time if a computer virus, bug, or other technical problem corrupts the security, or proper administration of the service.

  1. FINANCIAL DETAILS

You agree, understand and confirm that the credit / debit card details or other financial details provided by you for availing of services on the Website will be correct and accurate and you shall not use the credit /debit card or financial facility which is not lawfully owned / obtained by you. You also understand that any financial information submitted by you is directly received by our acquiring bank and not taken by us. We will not be liable for any credit / debit card fraud. The liability for use of a card fraudulently will be on you and the onus to 'prove otherwise' shall be exclusively on you. We and our associated acquiring bank or financial institutions reserve the right to recover the cost of goods, collection charges and lawyers’ fees from persons using the Website fraudulently. We and our associated acquiring banks or financial institutions reserve the right to initiate legal proceedings against such persons for fraudulent use of the Website and any other unlawful acts or acts or omissions in breach of these terms and conditions in accordance with applicable laws.

  1. COMMUNICATION

When you visit the Website or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. When you submit your phone number along with your shipping address or to request our call back, you consent to receive calls on that number for communication related to your order/request and other site related communication.

  1. WEBSITE FEEDBACK, USER COMMENTS AND USER GENERATED CONTENT:

All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted to us on or by this Website or otherwise disclosed, submitted or offered in connection with your use of this Website (collectively, the "Comments") shall be and remain our property. Such disclosure, submission or offer of any Comments shall constitute an assignment to us of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, we own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. We will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. We are and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay you any compensation for any Comments; or (3) to respond to any Comments. You agree that any Comments submitted by you to the Website will not violate this policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no Comments submitted by you to the Website will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of 'spam'. We do not regularly review posted Comments, but do reserve the right (but not the obligation) to monitor and edit or remove any Comments submitted on the Website. You grant us the right to use the name that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are and shall remain solely responsible for the content of any Comments you make and you agree to indemnify us and our affiliates for all claims resulting from any Comments you submit. We and our affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.

  1. OBJECTIONABLE MATERIAL

You understand that by using this Website or any services provided on the Website, you may encounter content that may be deemed by some to be offensive, indecent, or objectionable, which content may or may not be identified as such. You agree to use the Website and any service at your sole risk and that to the fullest extent permitted under applicable law, we and our affiliates shall have no liability to you for Content that may be deemed offensive, indecent, or objectionable to you.

  1. TERMINATION

This agreement is effective unless and until terminated by either you or us. You may terminate this agreement at any time by informing us by email that you no longer wish to be associated with this Website, provided that you discontinue any further use of this Website and suspend/delete your account on the Website. We may terminate this agreement at any time and may do so immediately without notice, and accordingly deny you access to the Website. Such termination will be without any liability to Merricart. Upon any termination of thisagreement by either you or us, you must promptly destroy all materials downloaded or otherwise obtained from this Website, as well as all copies of such materials, whether made under thisagreement or otherwise. Our right to any Comments shall survive any termination of this agreement. Any such termination of thisagreement shall not cancel your obligation to pay for the product already ordered from the Website or affect any liability that may have arisen under thisagreement.

  1. LIMITATION OF LIABILITY AND DISCLAIMERS

The Website is provided without any warranties or guarantees and in an "As Is" condition. You must bear the risks associated with the use of the Website, including buying products and services offered on it by vendors / sellers.

The Website provides content from other internet websites or resources and while we try to ensure that material included on the Website is correct, reputable and of high quality, we shall not be held liable or responsible if this is not the case. We will not be responsible for any errors or omissions or for the results obtained from the use of such information including health or medical related issues or for any technical problems you may experience with the Website.

Although Merricart, includes only the most reputed experts on its site to provide counselling on health, wellness and fitness related issues, it will not be responsible for the outcome of advise sought by you from the experts on the site and the results, consequences or impact of such advise.Under the ‘Make Merri Counsel’ programme, Merricart merely provides a Website for such experts to offer their services to Users of the site. The experts are independent professionals not on the Employment of Merricart and User specifically understands that Merricart has no role to play in any interaction between Users and Experts except to the extent of providing a Website that facilitates such interactions.

This disclaimer does not apply to any product warranty offered by the manufacturer of the product as specified in the product specifications. This disclaimer constitutes an essential part of this User Agreement. To the fullest extent permitted under applicable law, we or our vendors / sellers / suppliers shall not be liable for any indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the Website, its services or this agreement.

Without prejudice to the generality of the section above, our total liability to you for all liabilities arising out of this agreement be it in tort or contract is limited to the amount charged to you, against the value of the products and / or services ordered by you. Merricart, its associates and technology partners make no representations or warranties about the accuracy, reliability, completeness and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Website or that the operation of the Website will be error free and/or uninterrupted. We assume no liability whatsoever for any monetary or other damage suffered by you on account of the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Website; and/or any interruption or errors in the operation of the Website.

  1. WEBSITE SECURITY

You are prohibited from violating or attempting to violate the security of the Website, including, without limitation:

  1. Accessing data not intended for you or logging onto a server or an account which you are not authorized to access;

  2. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;

  3. Attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to the Website, overloading, 'flooding,' 'spamming', 'mail bombing' or 'crashing;

  4. Sending unsolicited email, including promotions and/or advertising of products or services; or

  5. Forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability.

We will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Website or any activity being conducted on this Website. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Website other than the search engine and search agents available from Merricart on this Website and other than generally available third party web browsers (e.g., Google Chrome, Firefox, Microsoft Internet Explorer).

  1. GOVERNING LAW AND ARBITRATION

Any disputes arising out of or in connection with these Terms shall be referred to arbitration by a sole arbitrator in accordance with the provisions of the Arbitration and Conciliation Act, 1996 and any amendments thereto. The Arbitration shall be conducted in English and the place of Arbitration shall be Bangalore, India.

Subject to the above, these Terms and any dispute arising out of it shall be governed in accordance with the laws of India and the courts of Bangalore, India shall have exclusive jurisdiction.

  1. GENERAL PROVISIONS

  1. Severability: If any provision of this agreement is held by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law, then such provision shall be excluded from the agreement and the remainder of the agreement shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms; provided however that, in such event the agreement shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction or arbitral tribunal.

  1. Notices: All notices and other communications required or permitted hereunder to be given to Merricart shall be in writing, in the English language, and shall be sent by facsimile, e-mail, or mailed by prepaid internationally-recognized courier, or otherwise delivered by hand or by messenger, addressed to such party's address as set forth below or at such other address as the party shall have furnished to Merricart in writing in accordance with this provision:

Merricart 560/1, 2nd Floor, Bhoomi Plaza, 4th Cross CMH Road Indiranagar, Bangalore 560038

  1. Waiver: No term of thisagreement shall be deemed waived and no breach excused, unless such waiver or consent shall be in writing and signed by the Party claimed to have waived or consented. Any consent by any Party to, or waiver of a breach by the other, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.

  1. Entire Agreement: Thisagreement contains the entire understanding of the Parties, and there are no other written or oral understandings or promises between the Parties with respect to the subject matter of the agreement other than those contained or referenced in the agreement.

  1. Force Majeure: Merricart shall not be liable for any downtime or delay or unavailability of the Website,or delivery of the products ordered, caused by circumstances beyond Merricart's reasonable control, including without limitation, acts of God, acts of government, floods, fires, earthquakes, civil unrest, acts of terror, strikes or other system issues, internet service provider failures or delays, or denial of service attacks.

  1. Advertisement: Merricart shall have the right to place advertisements and publicity materials of its choice, including that pertaining to parties other than itself for commercial use through electronic means on the Website.

  1. Assignment: You may not assign or sub-license, without the prior written consent of Merricart, the rights, duties or obligations under this Agreement, in whole or in part, to any person or entity.

  1. Conflict: In the event there is any conflict between the Terms herein, the Privacy Policy and any other terms or policies applicable to specific pages of the Website, the Terms herein shall prevail.

  2. Consultation Module

    Our expert will guide you to modify or restructure your dietary intake and make necessary changes to your workout schedule patterns. However, in complex and typical conditions we advise you to consult your doctor first.

    Disclaimer – Information and statements regarding products/programs listed on Merricart have not been evaluated by the food and drug administration or any government authority and are not intended to diagnose, treat, cure or prevent any disease.

    Results from the consultation or products will vary from person to person. No individual result be seen as typical.

    Results may vary in pre diseased customers or customers not disclosing the entire health conditions.

    Results may also vary from person to person on following the nutritionist advice.

    Consultation plan once purchased are not transferable or resalable.

    Offers on Consultation plan cannot be clubbed with other offers (unless specified)

    Merricart reserves the right to modify or cancel these offers at any given time without prior notice to any customers.

    Refunds / modifications to Diet Consultation purchased are at the sole discretion of Merricart.

    Fraudulent use of this offer will deem all purchases by that user and associated accounts invalid.

    Our Nutritionist advice should be cross checked with your family’s doctor / gynecologist before adopting the same. Merricart   takes no responsibility for your health conditions / results deriving from the such consultation, However the program has been designed involving expertise of the best nutrionist and results derived from implementation of the package in ideal condition.


If you have any queries about the terms and conditions of this agreement or have any comments or complaints on or about the Website, please email us at support@merricart.in or call us at 080-41205993.