Terms & Conditions
By using the services of Mesmora.com you agree to be bound by our terms & conditions, which have been mentioned as under:-
Our site can only be used by the persons competent to contract as per Indian Contract Act, 1872 and in case of a minor of 14 years of age or above, our site can be used under supervision of parents/legal guardian who agrees to be bound by the terms & conditions of use. Such minors would not be entitled to purchase any material suitable for adults.
All the products, services and information provided on Mesmora.com forms invitation to offer and the order placed for purchase by you would amount to offer subject to our terms & conditionsMesmora.com reserves the right to accept or reject your offer. Upon receipt of your e-mail address, an e-mail from our side will be sent to confirm receipt of order placed by you. Ultimately your order will be deemed to have been accepted upon dispatch of the products ordered by you and prior to actual dispatch of the product ordered by you no act by Mesmora.com would amount to acceptance of your offer.
Mesmora.com reserves all the rights to terminate your membership if it finds that you are minor i.e. below 18 years of age and our site will not be available for persons whose membership has either been suspended or terminated byMesmora.com In cases where additional, modified or changed terms & conditions are provided then the same would prevail over all previous terms. You agree to use this site at your sole risk and to the extent permitted under law, and Mesmora.com or its affiliates shall not be liable to you for such content.
Any information which you provide to Mesmora.com while registration, buying, listing or through e-mail would amount to your information and your information would be protected in accordance with our private policy and it would be deemed that you agree to provide true and accurate information in the registration form of Mesmora.com and if any information is found to be incorrect, incomplete or inaccurate Mesmora.com upon reasonable suspicion has the right to suspend or terminate your membership forever and the access of our site would not be provided to you. While using our site, you will be responsible of maintaining the confidentiality of your account as well as password and in the eventuality of anything happening under your account or password, you will be held responsible. Failing to maintain your account or password would in no way make Mesmora.com liable for any loss or damage, but if Mesmora.com finds or has reasoned to believe any misuse of our site we may require to change your password immediately and even suspend or terminate your account.
Although Mesmora.com endeavours to provide correct and accurate price information of the products, but there may be some errors and Mesmora.com would not confirm price of a product until an order has been placed by you and in the eventuality of incorrect price-listing or incorrect information Mesmora.com shall have the right to refuse or cancel any order placed for such product prior to dispatch of the product and in case of wrong mentioning of price of a product, Mesmora.com can either contact you to make you aware or cancel your order and intimate you about such cancellation prior to dispatch of the product as your offer would not amount to have been accepted and Mesmora.com have all the rights to modify the price and contact you or cancel and intimate you about the cancellation.
In cases where Mesmora.com accepts your offer the amount for the same would be debited to your credit card account and intimation regarding payment would be sent to you through e-mail and such payment may be processed even before dispatch of the product ordered by you and if we cancel the order after processing the payment, the transaction would be reversed. We would endeavour to provide with best possible prices, but sometimes on-line price differs from the price in a store. Prices and product availability are subject to change without notice.
In certain cases, Mesmora.com may not be able to accept the order and therefore cancel it. At its sole discretion, Mesmora.com reserves the right to refuse or cancel any order and such cancellation can be for various reasons such as error in product pricing, unavailability of quantities for purchase etc.
When our site is visited by you or any e-mail is received by us, it would amount to communicating with us through electronic media. We will communicate either by sending e-mails or by placing notices on our site. You agree that all the agreements, notices etc. that we provide to you through electronic media satisfies any requirement of law.
You understand and agree that all the details regarding your credit card while dealing with Mesmora.com will be correct and the credit card which is not lawfully yours will not be used by you for any transaction meaning thereby your own credit card must only be used for all the transactions with Mesmora.com Your credit card information does not reach Mesmora.com and we just receive messages like pass, hold or fail and the said information will not be utilized or shared by our payment gateways or Mesmora.com with any of the third parties except in cases of verification of fraud or as per provisions of law. Mesmora.com cannot be held responsible for any credit card fraud. Mesmora.com reserves all the rights to recover the costs of products, lawyer fees etc. from the persons who fraudulently uses our site and Mesmora.com reserves right to sue such fraudulent persons for breach of any term or condition. Mesmora.com shall not be liable in respect of any loss or damage which arises either directly or indirectly from decline of authorization of any transaction especially in case the card holder exceeds the pre-set limit agreed by us with the bank from time to time.
That you agree in case of non-delivery on account of wrong information provided by you any extra amount which Mesmora.com incurs for re-delivery etc. will be borne by you and therefore Mesmora.com can claim the same for you.
That any services which Mesmora.com or its associates will be used by you only for lawful purposes and you further agree to abide by all the laws which are applicable. All the details/information provided by you to Mesmora.com can be confirmed/verified at any point of time by Mesmora.com and in the eventuality of the same being not true Mesmora.com can cancel the registration and prohibit you from using the services of Mesmora.com . You also agree that the services being availed on the site are at your own risk and before entering into any transaction through our site, you are being rational. You also agree to check the product description minutely before placing any order and upon placing an order, you agreed to be bound by the conditions of sale etc.
Mesmora.com , at any time, without notice, may suspend services like Mesmora.com live support and Mesmora.com cannot be held responsible for any delay in attending/responding to the queries raised via chat. Any communication through chat may be stored by Mesmora.com for reference and the user would not have a right to access such information. During chatting, any objectionable information abusive, unlawful or defamatory language will not be used by you and the chat room will not be used for selling any product or promoting, soliciting or advertising any business and the chat with on-line customer care executive can be only if you agree to the conditions mentioned above
Mesmora.com is not to be used for following purposes :-
- For breaching any law applicable for using the site.
- For distributing any libelous, abusive, threatening, vulgar or objectionable material.
- For transmitting any material which encourages a conduct bringing criminal offence, civil liability or breaches any law, rule and regulation or code of practice.
- For gaining unauthorized access to other computer systems.
- For interfering with networks or web-sites connected to this site.
- For transmitting or using/storing electronic copies of materials which are protected by copyright.
- For doing any activity prohibited either by law or any of the terms or conditions.
Mesmora.com , without any prior notice, may modify or change the terms and conditions of use, and the changed/modified terms and conditions would be applicable from time to time and if you use the services, you shall be deemed to have accepted and abide by the modified terms and conditions of use.
Intellectual Property Rights
Intellectual Property Rights in all the texts, programs, processes, technology, content etc. appearing on the site of Mesmora.com are expressly and explicitly reserved by Mesmora.com , its suppliers, and licensors. Access on our site would in no way confer upon third parties. No user can modify or distribute anything on the website. The Clun99.com slogans names, logos, style etc. are trademarks or service marks of Mesmora.com. All the contents including images, text, designs, photographs, downloads, audio or video clips are intended only for personal and non-commercial transactions. Downloading or copying from the site can only be for personal use and no interest or title is thus transferred to you as a result of any such downloading etc. All the softwares used on this site are property of Mesmora.com and are protected by Indian as well as International laws relating to copyright and intellectual property. All the arrangements, collection and compilation of the contents on this site is exclusive property of Mesmora.com. Any use like reproduction, distribution, transmission, display etc. of the content on our site is prohibited as all contents are Copyrights, trademarks or intellectual property rights which are either owned by Mesmora.com its affiliates by third parties who licenced their material to Mesmora.com. You agree to defend and indemnify Mesmora.com, its Employees, Officers, Directors, Agents and their successors and assigns from and against any claims, liability, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of claims based upon your actions, which may cause any loss to Mesmora.com but not limited to breach of any warranties, representations or undertakings or with regard to the non-fulfillment of any of your obligations under this User Agreement or arising out of the your violation of any laws, rules & regulations including Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy, loss of service by other subscribers and infringement of intellectual property or any other rights and this clause shall survive the expiry or termination of this User Agreement of Mesmora.com
Termination of User Agreement
This User Agreement is effective unless and until terminated by either of the parties i.e. you or Mesmora.com may terminate this User Agreement at any time and without notice, and accordingly deny you access to the Site. Right of Mesmora.com to any Comments shall survive any termination of this User Agreement. Any such termination of the User Agreement shall not absolve you from any obligation to pay for the product already ordered from the Site or affect any liability that may have arisen under the User Agreement. Upon any termination of the User Agreement by either you or Mesmora.com. you must not use any materials downloaded or otherwise obtained from this Site, as well as copies of such materials.
Mesmora.com is provided without any warranties or guarantees and you must bear all the risks involved and associated with the use of the Site. This site provides contents from other Internet sites or resources and Mesmora.com ensures that material used on the Site is correct and of good quality and Mesmora.com is not responsible if the same is not the case and Mesmora.com will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Site. This disclaimer does not apply to any product warranty offered by the manufacturer of the product as specified in the product specifications. This disclaimer and an integral and essential part of this User Agreement. Mesmora.com or its suppliers shall not be liable for any indirect, incidental, special, consequential or exemplary damages, including damages, goodwill, use, data or other intangible losses arising out of or with regard to the Site, its services or this User Agreement. The total liability of Mesmora.com to you for all the liabilities arising out of this User Agreement, be it tort or contractual, will be limited to the value of the product ordered by you. Mesmora.comand its associates will not be responsible about the accuracy, reliability and timeliness of any content, information, software, text, graphics, links or communications provided on the Site and also that the operations of the Site will be error free or uninterrupted. Mesmora.com will not be liable for any monetary or other damage suffered by you on account of delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Site; and/or any interruption or errors in the operation of the Site. Further, users are prohibited from violating or attempting to violate the security of the Site, including, accessing data not intended for you or logging onto a server which users are not authorized to access; attempting to interfere with service to any other user, host or network, including, overloading, flooding, spamming, mailbombing or crashing;, ; Trying or attempting to probe or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization ; sending unauthorized email, including promotions and/or advertising of products or services and forging any TCP/IP packet header or any part of the header information in any newsgroup posting or in any email.
Violations of system or network security may result in civil or criminal liability. Mesmora.com will look into such violations and may require law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use or attempt to use any engine, software, tool, agent or other device or intelligent agents to navigate or search this Site other than the search engine and search agents available from Mesmora.com on this Site and other than generally available third party web browsers like Netscape Navigator, Microsoft Explorer etc. You agree not to use any device or software to interfere with the proper working of this Site.
This agreement or any of its part, if determined to be invalid or unenforceable as per the laws applicable then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision. This agreement constitutes the entire agreement between you and Mesmora.com sites as well as services.