Terms & Conditions

Effective Date: 17th May 2022

This is a legal and binding agreement between you, the user (“you” or “your” or “Users”) of the Services (as defined below) and THE MEETHI ELAICHI CO, a partnership firm organized under the laws of India (“TMEC”, “us,” “we,” or “our”) stating the terms that govern your use and access of the TMEC official website located at www.meethielaichi.com (“TMEC Website”) any and all text, graphics, images, audio, video, information and other materials available through the TMEC Website (together “Content“), functionality, and the services offered on and through the TMEC Website for residents in India only (“Services”)

Your Acceptance

By using the TMEC Website, you accept these General Terms in full. If you do not agree with these General Terms or any part thereof, you must not use the TMEC Website. If you register on TMEC Website we will ask you to expressly agree to these General Terms. These Terms and various other policies are binding as per the provisions of the Information Technology (Intermediaries guidelines) Rules, 2011 formulated under the Information Technology Act of 2000.

Privacy Policy

Refund /Cancellation Policy

Order only placed cannot be cancelled unless in line with our Refund/ Cancellation Policy. You are requested to take time out to visit our Refund/ Cancellation Policy located https://meethielaichi.com/refund-and-cancellation/ which is not part of these General Terms but is incorporate here only by reference as it, nevertheless, forms an integral part of these General Terms.

Technology (Intermediaries guidelines) Rules, 2011 formulated under the Information Technology Act of 2000.

Products

TMEC is into the business of providing consumable products i.e. Sweets/Mithais, which have limited shelf-life and need to be consumed within a short period of time. All efforts have been undertaken to display as accurately as feasible the colours and images of the products offered for purchase. However, the accurate and complete display may be also depended on the device used.

We reserve the right to restrict the quantities purchasable for any product through the TMEC Website. Incase, there is a change, after an order has been successfully placed, we shall endeavour to reach out and update You, at the earliest.

We further reserve the right to change/modify the description of the products or its image or discontinue any product, without any prior written notice.

Changes to the Terms

We may modify these General Terms from time to time to reflect changes in market conditions affecting our business, changes in our business, changes in payment methods, changes in technology, changes in relevant laws and regulatory requirements and changes in our system. If we do so we will notify you by email to the email address you have provided us with, however we are not obliged to, and such modification shall be effective upon our publishing of the revised General Terms on the TMEC Website. You agree to be bound by and changes to these General Terms when you use the TMEC Website, after any such modification is posted on the TMEC Website. It is therefore important that you review these General Terms regularly to ensure you are updated as to any changes.

Service Access

We endeavour to ensure that the TMEC Website is available 24 hours a day but shall not be liable if for any reason the TMEC Website is not unavailable at any time for any period of time. TMEC cannot guarantee that the service will be fault-free. If a fault occurs in the service you should report it to us and we will attempt to correct the fault as soon as we reasonably can. Your access to the TMEC Website may occasionally be restricted to allow for updates or maintenance. TMEC will attempt to restore the service as soon as it reasonably can.

Viruses and Malware

TMEC recommends that you install appropriate defences against viruses and other malware before you access or download any information from the TMEC Website. TMEC shall accept no liability for any virus or malware contracted a result of visiting the TMEC Website and TMEC will not be liable for any claim, loss, damage, costs or expenses suffered or incurred by any person as a result of the presence of any virus or malware on the TMEC Website.

Your Use of The Service

When you use the TMEC Website, you are agreeing and representing to us that:

Your use of the TMEC Website shall not violate any applicable law or regulation.
You will require to create an account on the TMEC Website, to complete the purchase process.
All registration information submitted during the account creation process is truthful, complete and accurate and you agree to maintain accurate, complete and up-to-date account information in your account.
You will possess only one account. You are responsible for maintaining the confidentiality of the credentials of your account and are fully responsible for all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security.
Your use of the TMEC or its content is only for personal purposes. Your personal and non-commercial use of the TMEC Website prevents you from decompiling, reverse engineering, disassembling content, removing any intellectual property right associated with the TMEC Website, including copyright, trademarks, trade secrets, designs, and patents, or other proprietary notices.
You shall not access or use the TMEC Website in any manner that may be harmful to the operation of the TMEC Website or its content.
You shall not use any product or service available on the TMEC Website for commercial purposes or use the Services in any way that is unlawful, or harms TMEC or any other person or entity.
You will not post, distribute, or otherwise transmit or make available any software or other computer files that contain a virus or other harmful component or otherwise impair or damage any of the TMEC Website or any connected network, or otherwise interfere with any person or entity’s use or enjoyment of the TMEC Website.
You will not attempt to delete or modify any content of the TMEC Website, such as legal notices, disclaimers or proprietary notices, copyright or trademark symbols and logos.
Your use of the TMEC Website shall indicate that you have provided consent to automatically receive requested updates such as bug fixes, patches, enhanced functions, missing plug-ins and new versions (collectively, ‘Updates’), for the purpose of effective delivery of the Services. Please note that your continued use of the TMEC Website following such Updates would mean deemed acceptance by you of the same.
You specifically understand and agree that by using the TMEC Website you authorize TMEC to contact you via email or telephonically, for any follow up calls in relation to the Services provided through the TMEC Website and for offering or inviting your interest in availing any other product or service offered by the TMEC Website. You agree and consent to receive communications relating to all of the above on your phone/mobile number provided by you on the TMEC Website and expressly waive any registration or preference made under DND list under the applicable TRAI regulations.
You agree and authorize TMEC to share your information, with its group companies, vendors, partner banks/financial institutions, service providers of TMEC and other third parties, in so far as required in connection with the Services or generally otherwise.

Violation of Terms of Use / Suspicious Activity

If we believe that you have violated any of the conditions as mentioned under these General Terms or our Privacy Policy, we reserve the right to suspend your access to the TMEC Website / Services and/or delete your account (if any) without prior notice to You. If we have reason to believe that there is suspicious or unusual activity being carried out through your account, we may temporarily or permanently suspend your access to the Services. You may reach out to our support team to assist you with any query or question arising as a result of the afore-mentioned suspension/ deletion to resolve the same. You may end your legal agreement with us at any time by deactivating your account (if any) and discontinuing the use of the TMEC Website.

Disclaimer

Whilst TMEC makes every effort to keep the materials and information on the TMEC Website accurate, we disclaim any warranty or representation, expressed or implied about the material’s and/or information’s (or the TMEC Website) accuracy, completeness or appropriateness for a particular purpose. Thus, by using the TMEC Website you assume full responsibility for using the materials and information available via the TMEC Website and you understand and agree that neither TMEC nor its suppliers nor any of its employees is responsible or liable for any claim, loss, damage, costs or expenses resulting from its use.

We make no promise that materials on the TMEC Website are appropriate or available for use in locations outside India and accessing this Website from territories where its contents may be illegal or unlawful is prohibited. If you choose to access this site from locations outside India, you do so on your own initiative and are responsible for compliance with local laws.

Linking to Our Website

Any linking to the TMEC Website, shall be upon prior written consent from us. You shall not link the TMEC Website in any manner that damages our reputation or suggest any form of association, approval or endorsement on our part where none exists.

If you wish to make any use of Content available on any of the TMEC Website, please address your request to contact@meethielaichi.com

Links to Other Sites

The TMEC Website may contains links to other sites and resources provided by third parties, these links are provided for your information purposes only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit via the TMEC Website.

Disclaimer of Warranties

The Content and the Services are provided “as is” and we hereby disclaim all warranties, either express or implied, including but not limited to implied warranties/conditions of accuracy, merchantability and fitness for a particular purpose or any other warranties or conditions implied by applicable law, with respect to the Content and the Services. We do not warrant or undertake that the Services or any other materials provided pursuant to these General Terms will meet your requirements or that they or their access or use will be uninterrupted, free from viruses, bug or error or completely secure. Except as expressly provided in these General Terms, the entire risk as to the products, the Services and any other materials provided by TMEC is with you, including for quality and performance and for accuracy or quality of any information transmitted, received or otherwise delivered via the Services.

All information provided to you through the Services, Content or on the TMEC Website is provided only as of the date published and may be superseded by subsequent events or for other reasons.

Limitation of Liability

YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE TMEC WEBSITE OR SERVICES. ADDITIONALLY, WE ARE NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF TMEC HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL TMEC’s CUMULATIVE LIABILITY TO YOU EXCEED ONE THOUSAND RUPEES (RS. 1000.00).

Indemnification

You shall indemnify and hold us harmless from and against any and all losses, damages (actual and consequential), settlements, liabilities, costs, charges, assessments and expenses (including legal and other professional fees), arising from or in any way related to any third party claims relating to your use of any of the Services, any violation of these General Terms or any other actions connected with your use of the TMEC Website, Service or Content. In the event of such claim, we will endeavour to provide notice of the claim, suit or action, provided that any failure to deliver such notice to you shall not eliminate or reduce your indemnification obligation hereunder.

Intellectual Property Rights

In agreeing to these General Terms, you also agree that the rights in the TMEC Website, Content and Services, including all intellectual property rights, such as trademarks, patents, designs and copyrights, are protected by one or more of copyright, trademark, patent, trade secret and other laws, regulations and treaties, in addition to these General Terms and any separate agreement. All images/trademark’s/logo’s as available on the TMEC Website, belong solely and exclusively to TMEC, with no rights created in favour of any third party.

Elements of the TMEC Website are also protected by trade name, trade secret, unfair competition, and other laws and may not be copied or imitated in whole or in part. All customised graphics, icons, and other items that appear on the TMEC Website are trademarks, service marks or trade name (“Trademarks”) of TMEC its affiliates or other entities that have granted TMEC the right and license to use such Trademarks and may not be used or interfered with in any manner without the express written consent of TMEC. Except as otherwise expressly authorised by these Terms, You may not copy, reproduce, modify, amend, lease, loan, sell and/or create derivative works from, upload, transmit, and/or distribute the Intellectual Property of the TMEC Website in any way without TMEC‘s prior written permission or that of an appropriate third party. Except as expressly provided herein, TMEC does not grant to You any express or implied rights to the Intellectual Property of TMEC or that of any third party.

When you upload, submit, store, send or receive content that may include feedback to or through the TMEC Website, you give TMEC, a worldwide, perpetual license to use, host, store, reproduce, modify such content. This license shall not revert to you even if it is not used by TMEC. The rights you grant in this license are for the limited purpose of operating, promoting, and improving the TMEC Website / the Services. This license continues even if you stop using any of the TMEC Website / Services.

No Waiver

Our failure to exercise or enforce any right or provision of these General Terms shall not operate as a waiver of such right or provision.

Severability

If any provision of these General Terms is judged to be invalid, illegal or unenforceable, this shall not affect or impact the continuation in full force and effect of the remainder of the provisions.

Governing Law

These General Terms shall be governed in all respects by the laws of India and You agree to submit to the exclusive jurisdiction of the courts located in Mumbai India (and, for the avoidance of doubt, to exclude the jurisdiction of any other court, anywhere in the world) for the purpose of litigating all such claims or disputes.

Formal Claims

We encourage you to contact us directly if you have any concerns with respect to the operation of the TMEC Website or our Service.
However, if you conclude that we have not satisfied your concern and that you must pursue legal action, you agree that your claim must be resolved by the processes set forth in these General Terms. You agree that prior to initiating any formal proceedings against TMEC, you will send a notice to our legal Department at contact@meethielaichi.com and state that you are providing a “Notice of Dispute.” Upon receipt of a Notice of Dispute, you and we shall attempt to resolve the dispute through informal negotiation within sixty (60) days from the date the Notice of Dispute is sent. If the dispute remains unresolved, either you or we may initiate formal proceedings according to these General Terms.

Dispute Resolution

If the Parties are unable to resolve a dispute through informal negotiations, the dispute (except those disputes expressly excluded herein) will be finally and exclusively resolved by binding arbitration under the Arbitration and Conciliation Act, 1996 (“Act”). The Dispute shall be resolved by one (1) arbitrator to be appointed in accordance with the Act. The place of both mediation and arbitration shall be Mumbai, India. The language of the mediation and/or arbitration shall be English. The existence and content of the mediation and arbitration proceedings, including documents and briefs submitted by the parties, any correspondence from the mediator, and correspondence, orders and awards issued by the sole arbitrator, shall remain strictly confidential and shall not be disclosed to any third party without the express written consent from the other party unless: (i) the disclosure to the third party is reasonably required in the context of conducting the mediation or arbitration proceedings; and (ii) the third party agrees unconditionally in writing to be bound by the confidentiality obligation stipulated herein.

Entire Agreement

These General Terms read with the Privacy Policy, Refund/Cancellation Policy and any notices raised by us on the TMEC Website from time to time constitute the entire agreement between you and TMEC regarding the use of any of the TMEC Website and our Services. These General Terms supersede any prior agreements or earlier versions of these General Terms between you and TMEC for the use of the Service as of the Effective Date indicated at the top of these General Terms. If, through accessing or using the TMEC Website or our Services, you utilize or obtain any product or service from a third party, you may additionally be subject to such third party’s terms and conditions applicable thereto, and these General Terms shall not affect your legal relationship with such third party.

Contact Us

You may contact us via email at contact@meethielaichi.com or telephonically at: 8591978153