- In this Agreement unless the context otherwise requires, the following words and expressions shall have the meaning respectively assigned to them herein:-
- "Intellectual Property Rights" shall mean all patents, trademarks, service marks, copyrights, database right, trade names, brand names, trade secrets, design rights and similar proprietary rights of the Owner whether registered or unregistered and all renewals and
- “Owner” means Supermax Personal Care Private Limited a company registered under Companies Act, having its registered office at Mumbai Agra Road Naupada, P O Wagle Industrial Estate Thane Maharashtra 400604 who is the sole owner of all rights in the present Website;
- “Products” means all the Products offered for sale on the website.
- “User” means any person who visits, accesses and/or uses the Website by means of any device, whether directly or indirectly.
- “Website” means the website accessible at the following address on the internet: “www.supermaxstore.com”;
- “Parties” means, collectively, the parties to the present Agreement.
- All references to “You”, “Your” shall mean the User as defined hereinabove. All references to “Us”, “We”, “Ours shall mean the Owner as defined hereinabove.
- The present Agreement is an electronic record in terms of the Information and Technology Act, 2000 (“Act”) and rules thereunder as applicable and amended from time to time. The present Agreement is generated by a computer system and does not require any physical or digital signatures.
- By either accessing directly or through a hyperlink, the Website, and /or purchasing a Service from Us, You consent, undertake and agree to abide and be bound by the terms of the present Agreement including any and all additional terms and conditions and policies referenced herein and/or available by hyperlink and applicable to You and/or any Service(s) availed/engaged by You on or through the Website.
- The present Agreement shall be applicable to all Users and/or visitors of the Website, without limitation.
- We reserve the right, at Our sole discretion to change, modify, delete, amend, or otherwise alter the present Agreement or its terms at any time without prior notice. Such changes and/or modifications shall become effective immediately upon being posted/published on the Website. Your continued use of the Website following any such changes, modifications, deletions, amendments or other alterations to the present Agreement or its terms shall constitute Your acceptance of the amended Agreement. We retain the right to at any time, without notice, deny or suspend Your access to the entirety of the Website or any part thereof if we believe there has been a violation of any of the terms contained herein this Agreement.
- This Website is offered and made available only to Users above the age of 18 years (or above 21 years where a guardian is appointed as per the Majority Act of 1875) who are able to provide their free consent under the Indian Contract Act, 1872 (“Age of Majority”).
- If You are under the Age of Majority at the time of accessing and/or using the Website, Your access and usage of the Website shall be deemed to be subject to parental/legal guardian consent and under parental/legal guardian’s guidance at all times. You and Your parents/legal guardians confirm that the Website is offered to You for Your use and the present Agreement shall constitute a legally binding user agreement between Us and Your parents/guardians who are contracting on behalf of You.
- Where Users are below the Age of Majority, all references to “User”, “You” and “Your” shall mean and include You and Your parents/legal guardian acting for and on Your behalf for Your benefit.
- The present Agreement governs Your access to the Website and any data, message, text, image, audio, sound, voice, codes, computer programmes, software, database, micro film, video, information, content, etc. that You host, publish, share, transact, display and/or upload whether by digital means or otherwise with either the Website or its Owner.
- The Owner grants You a personal, revocable, non-exclusive, non-transferable right to access and use the Website, its contents, and Products offered thereon for Your personal non-commercial use and private viewing only and subject to the terms and conditions contained in the present Agreement. We reserve the right to place any additional restrictions on the sale of any of Our products/ Products to You.
- Please note that the availability of the Website in Your jurisdiction, and Your ability to access the Website is subject to Our sole discretion. We may at our sole discretion restrict the Website from being accessed in certain geographical locations. You undertake that Your access to the Website shall be in compliance with all applicable laws (as amended from time to time).
- You understand and consent to the fact that Your access of the Website and its contents may vary depending upon the jurisdiction from which you access the Website, internet connection , device specifications etc. You acknowledge and consent that We will provide You only access to the Website and that You will be solely responsible for all equipment and/or other services as may be necessary for You to access the Website.
- All rights, title and interest in the Intellectual Property Rights in the Website including without limitation all its constituents, content, text, images, audios, audio‐visuals, literary work, artistic work, musical work, computer programme, dramatic work, sound recording, cinematograph film, a video recording, performance and broadcast under the Indian Copyright Act, 1957,and Marls, Trademarks or any other Intellectual Property under the Trade Marks Act, 1999, specifications, instructions, abstracts, summaries, copy sketches, drawings, artwork, software, source code, object code, comments on the source code and object code, domain names, application names, designs, database, tools, icons, layout, programs, titles, names, manuals, graphics, animation, games, applications, user interface instructions, photographs, artist profiles, illustrations, jokes, memes, PowerPoint presentations, and all other elements, data, information and materials ("Materials") are the property of the Owner and/or its licensors and/or other respective owners and are protected, without limitation, pursuant to Intellectual Property Rights laws of India and the The Owner retains full, complete and absolute title to the Website and all Intellectual Property Rights therein.
- You shall not use, reproduce, redistribute, sell, offer on commercial rental, decompile, reverse engineer, disassemble, adapt, communicate to the public, make a derivative work, interfere with the integrity of the Website (including without limitation the software, coding, constituents, elements, Materials, etc.) in any manner whatsoever.
- You expressly confirm, consent and undertake not to, directly or indirectly, copy, reproduce, modify, edit, re‐edit, amend, alter, vary, enhance, improve, upgrade, create derivative works, translate, adapt, abridge, delete, display, perform, publish, distribute, circulate, communicate to the public, disseminate, broadcast, transmit, sell, rent, lease, lend, assign, license, sub‐license, disassemble, decompile, reverse engineer, market, promote, circulate, exploit, digitally alter or manipulate the Website (including any and all Materials therein) (in whole or in part) in any manner, medium or mode now know or hereinafter developed.
- You agree not to use the Website or Products for any unlawful purpose or any purpose prohibited under this Agreement. You agree not to use the Website or Products in any way that could damage the Website, Products or general business of the Owner.
- You agree, covenant and undertake that You shall NOT host, display, upload, modify, publish, transmit, update or share any data, information, content or message that:
- belongs to another person and to which You do not have any right to.
- is grossly harmful, harassing, blasphemous defamatory, derogatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
- harms minors in any way;
- infringes any patent, trademark, copyright or other proprietary rights or intellectual property rights;
- violates any applicable national or international laws, regulations, rules and/or guidelines;
- deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- impersonates another person;
- threatens the unity, national interest ,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 to any other nation/country;
- is offensive or has menacing character;
- causes annoyance, inconvenience, danger, obstruction, insult, injury, criminal intimidation, enmity, hatred or ill will;
- infringes, whether knowingly or not, on third party rights including third party intellectual property rights;
- causes annoyance or inconvenience or is intended to deceive or to mislead the addressee or recipient about the origin of such messages.
- You further consent and undertake that You shall not use the Website to:
- violate the privacy right or personal right or confidential information of any person;
- commit an act which could be construed as an act of cyber terrorism;
- collect, store and/or identify private/personal information of any user or person;
- facilitate personal attacks on other individuals, entity, groups, caste, religion, race or community;
- stalk or otherwise harass another person or user;
- upload, post or e‐mail any content that You do not have a right to transmit under any law or under contract;
- upload, post or e‐mail any content that infringes privacy rights, intellectual property rights or other third‐party rights of any person or party;
- upload, post or e‐mail any unsolicited or unauthorized advertising, promotional materials, junk‐ mail, spam, chain‐letters or any other form of solicitation;
- upload, post or e‐mail any content that contains computer viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware, devices, platforms or telecommunications equipment and/or the Website and/or Products;
- interfere with, damage, disable, disrupt, impair, create an undue burden on, or gain unauthorized access to the Website, including its servers, networks or accounts;
- promote and/or generate revenue for Yourself and/or any third‐party business activity;
- carry out any activity that is prohibited under any law, rule or regulation for the time being in force;
- post unauthorized commercial communications and including advertisements;
- to unlawfully gather information about others;
- to publish or distribute any obscene or defamatory materials;
- to engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;
- to perpetuate any fraud;
- manipulate or morph or alter or exploit any other User’s User Material; and/or
- manipulate or morph or alter or exploit Material.
- The Owner may occasionally post links to third-party websites or other services. You agree that the Owner is not responsible or liable for any loss or damage caused as a result of Your use of any third party services linked on or to the website
- Should You register to avail any of the paid Products on this Website or purchase any Product or Services on this Website, You agree to pay to Us the specific monetary amounts required for that Product or those Products. These monetary amounts (“Price”) will be disclosed to You during Your registration and /or confirmation process for that Product or Services. The monetary amounts/Price for each of the Products and/or products offered on the Website will be disclosed to You immediately prior to your purchase of such Products and/or Services offered on the Website.
- Further, please note that additional monetary amounts/Price may be required for continued use of that particular service and/or Product offered on the Website. Such additional monetary amounts/Price shall also be disclosed to You immediately prior to your purchase of such continued service and/or Products offered on the Website and such additional monetary amounts/Price shall be charged in accordance with the rates provided for that particular service and/or Products in that Service and/or products terms and conditions/agreement. We reserve the right to refuse service or refuse to sell Products on the Website at Our sole discretion to anyone for any reason at any time.
- You agree to ensure the timely and upfront payment for any and all Products/Serices. You may purchase from Us and You acknowledge and affirm that Prices are subject to change. It is clarified that the Owner reserves the right to suspend all further work under this Agreement, until all payments due under this Agreement are received by the owner.
- In case the User has any queries / notices any discrepancies in the invoice, the same shall be informed in writing to Owner within 7 (Seven) working days from the date of receipt of the invoice.
- We reserve the right to reject or cancel an order for any reason. If We do so after payment has been processed, We will issue a refund to You in the amount of the purchase price (less any taxes or applicable processing fees). We will make such refunds (less any taxes or applicable processing fees) within 1 to 5 weeks. We will make the refunds (less any taxes or applicable processing fees) using the same means of payment as used for the initial payment transaction.
- Unless otherwise stated or unless the context otherwise requires, in this Agreement: -
- Where a word or phrase is defined, the other parts of speech and grammatical forms of the word or phrase shall have the corresponding meaning.
- References to statutes shall be a reference to the statutory enactments, rules and regulations (as modified, amended or re-enacted as of the appropriate date) in force in the Republic of India
- Unless the context otherwise requires, a reference to the singular shall include a reference to the plural and vice versa; and a reference to any gender shall include a reference to the other gender.
- Unless the context otherwise requires, a reference to any recital, clause, Annexure, shall be to a recital, clause, Annexure of this Agreement.
- The Annexures form an integral part of this Agreement. It is clarified and understood between the Parties to the Agreement that in case of any inconsistency between the Annexures and this Agreement, the terms and conditions stated in the principal part of the Agreement shall prevail.
- The words “include” or “including” shall be deemed to be followed by “without limitation” or “but not limited to”, whether or not they are followed by such phrases.
- Any period of time referred to shall be deemed to end at the end of the last date of such period.
- A reference to an agreement or document (including reference to this Agreement) is to the agreement or document as amended, varied, supplemented, novated or replaced.
- No provision in this Agreement will be construed adversely to a Party solely on the ground that the party was responsible for the preparation of this Agreement or that provision.
- The Owner does not accept responsibility for the security of Your information, and You agree that Your use of the Website or Products or Services is at Your own risk.
- Each Party to the present Agreement represents and warrants to the other
That it has full power, capacity, and authority to execute, deliver, and perform the covenants mutually agreed to under this Agreement;
- The User agrees to indemnify, keep indemnified and hold harmless the Owner, its partners, employees, officers and agents from and against any claim, damages, loss, liability or cost of any person, firm or corporation, including, without limitation, legal fees, arising out of any breach of warranty, representations, terms and conditions, obligations or undertakings made or given by the User. In the event of any claim, the User will adjust, settle, defend or otherwise dispose of such claim exclusively at its own cost.
- The provisions of this clause shall survive the expiration or early termination of this Agreement.
23. Limitation of Liability
- Notwithstanding anything contained in this Agreement, in no circumstances shall Owner be liable in contract, tort (including negligence or breach of statutory duty) or otherwise howsoever, and whatever the cause thereof for:-
- for any loss of profit, business, contracts, revenues, or anticipated savings, or
- for any special, indirect or consequential damage of any nature whatsoever.
- Notwithstanding anything contained in this Agreement, Owner’s liability to the User, in contract, tort (including negligence or breach of statutory duty) or howsoever otherwise arising in respect of this Agreement, shall be limited to the aggregate Fees paid by the User to and received by the Owner under this Agreement.
- The provisions of this clause shall survive the expiration or early termination of this Agreement.
- You agree that Your use of the Website and Products is at Your sole and exclusive risk and that any Products provided by Us are on an “As Is” basis. The Owner hereby expressly disclaims any and all express or implied warranties of any kind, including but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. The Owner makes no warranties (either express or implied) that the Website and /or Products will be uninterrupted, error-free, or secure. You expressly agree and undertake the use of Website and/or Products at Your own risk and shall be solely responsible for the same.
- You understand and consent that while the website has made efforts to safeguard the Website, it cannot and does not ensure or make any representations that the Website or any information provided by You cannot be hacked by any unauthorised third party/parties. You specifically agree that neither the Website nor the owner shall be responsible for unauthorised access to or alteration of Your transmission or data, any material or data sent or received or not sent or received, or any transactions entered into through the Website. You hereby agree and confirm that You will not hold the Website or the Owner liable or responsible in any manner whatsoever for such hacking or unauthorised access by third party/parties or any loss or damage (whether direct or indirect) suffered by You due to such hacking or unauthorised access by third party/parties.
- Force Majeure
Neither Party shall be liable to the other Party for loss, injury, delay, expenses, damages or other casualty suffered by the other Party in the event of any delay or failure of the first Party in performing its obligations under this Agreement as a result of general strikes, riots, fires, acts of God or Government, or any other event that is not reasonably foreseeable or otherwise beyond the reasonable control of the first Party.
Governing Law & Jurisdiction:
This Agreement shall be governed by and interpreted in accordance with the laws of India.
The Owner may need to interrupt Your access to the Website and/or Products to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that Your access to the Website and/or Products may be affected by such maintenance work but that the Owner shall have no liability for any damage or loss caused (whether direct or indirect) as a result of such downtime.
The failure, with or without intent, of any Party to insist on the performance (in strict compliance with the literal requirements) by the other Party of any term or stipulation of this Agreement, shall not be deemed to constitute a modification of any terms or stipulations of this Agreement. Nor shall such failure or election be deemed to constitute a waiver of the right of such Party at any time whatsoever thereafter to insist upon performance by the other strictly in accordance with any term or provisions hereof.
Any dispute or difference in any manner arising out of or in connection with this Agreement, including any question regarding its existence, validity, termination, shall be referred to and finally resolved by a sole arbitrator who is to be mutually appointed by the Parties. The arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996 or any modifications, amendments or re-enactments thereof. The seat of arbitration shall be Mumbai. The language of the arbitration shall be English. Courts in Mumbai to have exclusive jurisdiction.
All communications made or notices issued pursuant to the present Agreement shall be in the English language.
Electronic communication via email is permitted to both Parties under the terms of the present Agreement. Notices addressed to the Owner may be sent at the following email address: email@example.com
Notices to be addressed to the User shall be sent to the User’s address registered/disclosed to the Owner for billing or other purposes.
No amendment, modification or addition to this Agreement shall be effective or binding on either of the Parties unless set forth in writing and executed by them through their authorised representatives.
Subject to the provisions stated hereinabove, none of the Parties shall transfer, assign, or novate this Agreement or any right, benefit or obligation under this Agreement or otherwise permit a third party to be substituted for it under this Agreement.
The relationship between the Parties shall be principal to principal and does not create and shall not be deemed to create any partnership, joint venture, employer-employee or principal-agent relationship between the Parties.
This Agreement sets forth the entire agreement and understanding between the Parties as to the subject matter hereof and shall supersede and override all previous communications, negotiations, commitments, either oral or written, between the Parties with respect to the subject matter of this Agreement. No agreement varying or extending the same shall be binding upon any Party unless arising out of the provisions of this Agreement.
If any provision or condition of this Agreement is prohibited or rendered invalid or unenforceable, such prohibition, invalidity or unenforceability shall not affect the validity or enforceability of any other provisions or conditions hereinunder this Agreement.