TERMS AND CONDITIONS
PLEASE READ THESE TERMS AND CONDITIONS OF MAMAEARTH VIP PROGRAM (“VIP T&C”) CAREFULLY. BY BECOMING A MEMBER OF MAMAEARTH VIP PROGRAM OR (“PROGRAM”) OR AVAILING ANY OF THE BENEFITS OR OFFERS OF THE PROGRAM YOU AGREE TO BE BOUND BY ALL OF THE VIP T&C MENTIONED HEREUNDER. FOR THE PURPOSE OF THIS VIP T&C, “COMPANY” OR “US” OR “WE SHALL MEAN HONASA CONSUMER PRIVATE LIMITED, A PRIVATE LIMITED COMPANY INCORPORATED UNDER THE PROVISIONS OF THE COMPANIES ACT, 2013, HAVING ITS REGISTERED OFFICE AT 432, 4th FLOOR, SOMDUTT CHAMBER 2, BHIKAJI CAMA PLACE NEW DELHI - 110066 INDIA.
Only persons who can enter into legally binding contract under the Indian Contract Act, 1872 can become a member and/or avail benefits of the Program. Any minor who wishes to make purchase under the Program is required to conduct such transaction through their legal guardian or parents. The membership of the Program is only available for natural persons and company, partnership firm or sole proprietorship, or any other form of legal entity shall not be eligible for membership.
The Company reserves the right to amend or revise the VIP T&C at any time by uploading a revised or amended VIP T&C on the Website with or without prior notice. The amended VIP T&C will be effective immediately after it is uploaded on this Website. Your access or use of the Website and/or your membership following any such changes constitutes your acceptance to follow and You shall be bound by these VIP T&C, as amended. The version of the VIP T&C that will apply to your order will be those uploaded on the Website at the time you use or access or place your order. For this reason, we encourage you to review these VIP T&C each time you access and place your order. This VIP T&C does not alter in any way the terms or conditions of any other written agreement you may have with the Company for other products or services.
You may only access the Program for lawful purposes. You are solely responsible for the knowledge of and adherence to any and all laws, rules, and regulations pertaining to your use of the Website.
I. VIP PROGRAM:
- i. This Program is a loyalty program for registered users of mamaearth.in. Under this Program, the members shall have access to privileges and special offers offered by Company from time to time, as more particularly described herein below
- ii. It is clarified that the Company has a right to alter or modify the offers and privileges being offered at any time without requirement of any prior notice. Furthermore, the Company at any point of time may also terminate this Program at its discretion.
- The membership/subscription to the program is invitation based.
- The Company shall send invitations via email invitation to the program (“VIP Invitation”) to such number of users as it deems fit (“Invitee”).
- The membership to the Program is not a matter of right and the Company in its sole discretion may extend the invite to any of registered users of the Website.
- The subscription / membership to the program shall be for such duration as opted by the customer at the time of purchase of membership.
- Member shall not have the right to cancel the membership during the subscription period. Upon expiry of the subscription period, the member shall have the option to renew the membership for a subsequent term by payment of the membership fee.
- The membership to the Program is subject to acceptance of the VIP invitation in the manner prescribed by the Company from time to time and rendering of membership fee.
- The membership fee may only be paid through credit, debit cards or other online pre-paid payment options as may be specified by the company from time to time. No COD is applicable on purchase of membership. The membership fee can’t be paid using Mamapay wallet.
- Membership fee is not refundable.
- The Company reserves the right to withdraw the VIP invitation at its discretion, any time prior to the acceptance of the same by the Invitee in the prescribed manner.
- Mamaearth VIP Invitation shall not be sold, transferred in any manner whatsoever.
- We reserve the right, with or without notice, to cancel membership that we believe, in our sole discretion, may result in the violation of our VIP T&C. The Company in its sole discretion reserves the right to suspend or terminate the membership if any fraudulent activity is identified being carried on for availing the benefits of this Program.
- The members of the Program shall be eligible to avail various privileges being offered by the Company from time to time.
- The privileges may be availed at the time of checkout. No separate coupon code is required to be applied by the member to avail the abovementioned benefit.
- Fair usage limit for the plan is 10 X membership fee.
Terms and conditions for cashback privileges:
- Cashback will be credited in the member’s Mamapay wallet account after 7 days of a successful transaction or once the Return period will be over, whichever is later.
- The cashback will be valid for 90 days from the date of the order.
- The use of cashback earned under this offer shall be subject to Mamaearth’s Cashback policy available at Terms & Conditions . In event of any contradiction between terms of this VIP T&C and the terms of the cashback policy, the former shall prevail.
- At the time of redemption, the member shall be eligible to use cashback worth 70% of the order value.
Terms and conditions for free product privileges:
- The free product is determined by the company and the member shall have only have the limited right to choose from the options provided by the Company.
- The free product shall be dispatched along with the other products purchased by the member.
- Free products shall not be entitled to be returned or refunded.
IV. DISCLAIMER OF WARRANTIES
- Your use of the Program and or the offers being made available under the Program are at your sole risk. The offers under the Program, Website and the Products are offered on an “as is” and “as available” basis.
- The Company expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement with respect to the offers under the Program, Products or Website content, or any reliance upon or use of the offers, Website content or Products.
- The inclusion of any Products or offers on the Website at a particular time does not imply or warrant that the Products or offers will be available at any time.
- The Company shall have the right, at any time, to change or discontinue any aspect or feature of the Program, including, but not limited to, offers, content, hours of availability, etc.
V. LIMITATION OF LIABILITY
- The Company takes no liability or exclusive remedy, in law, in equity, or otherwise, with respect to the Program and/or for any breach of this VIP T&C.
- The Company will not be liable for any direct, indirect, incidental, special or consequential damages or loss in connection with this VIP T&C or the Program in any manner, including liabilities resulting from
- the use or the inability to use the offers or allied services
- any products purchased or obtained or transactions entered under the Program. Any lost profits you allege, even if we have been advised of the possibility of such damages and in no event shall our maximum aggregate liability exceed the total value of the order placed by you.
- You agree that, to the fullest extent permitted by applicable law, neither the Company nor our affiliates, partners, or licensors will be responsible or liable (whether in contract, tort (including negligence) or otherwise) under any circumstances for any
- interruption of business;
- access delays or access interruptions to the Program. We make no representations or warranties that defects or errors will be corrected.
- This disclaimer constitutes an essential part of this T&C.
- Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages so some of the above limitations may not apply to you.
- You will release, indemnify, defend and hold harmless the Company, and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorney’s fees and expenses, of third parties relating to or arising out of: (a) this VIP T&C or the breach of your warranties, representations and obligations under this VIP T&C; (b) the use of the Program; (c) the products or your use of the products (including free products); (d) any intellectual property or other proprietary right of any person or entity; (e) your violation of any provision of this VIP T&C; or (f) any information or data you supplied to the Company. When the Company is threatened with suit or sued by a third party, the Company may seek written assurances from you concerning your promise to indemnify the Company; your failure to provide such assurances may be considered by the Company to be a material breach of this VIP T&C.
- The Company will have the right to participate in any defense by you of a third-party claim related to your use of any of the Website content or Products, with counsel of the Company choice at its expense. The Company will reasonably cooperate in any defense by you of a third-party claim at your request and expense. You will have sole responsibility to defend the Company against any claim, but you must receive the Company prior written consent regarding any related settlement. The terms of this provision will survive any termination or cancellation of this T&C or your use of the Website or the Products.
- Force Majeure: The Company will not be deemed in default hereunder or held responsible for any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, storm, natural disaster, act of God, war, terrorism, armed conflict, labour strike, lockout, or boycott, any acts of nature labour disputes, floods, lightning, severe weather, shortages of materials, rationing, pandemic or epidemic, inducement of any virus, Trojan or other disruptive mechanisms, any event of hacking or illegal usage of the Website, utility or communication failures, revolution, civil commotion, acts of public enemies, blockade, embargo or any law, order, proclamation, regulation, ordinance, demand or requirement having legal effect of any government or any judicial authority or representative of any such government, or any other act whatsoever, whether similar or dissimilar to those referred to in this clause beyond our reasonable control. Further if Force Majeure event takes place that affects the performance of our obligations under these T&C our obligations under these T&C shall be suspended for the duration of Force Majeure event.
- Cessation of Operation: The Company may at any time, in its sole discretion and without advance notice to You, cease operation of the Website and Program.
- Effect of Waiver: The failure of the Company to exercise or enforce any right or provision of this VIP T&C will not constitute a waiver of such right or provision. If any provision of this VIP T&C is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in such provision, and the other provisions of this VIP T&C remain in full force and effect
- Governing Law and Jurisdiction : This T&C shall be construed in accordance with the applicable laws of India and will be governed by the laws of the state of Delhi without regard to its conflict of law principles to the contrary. Neither you nor the Company will commence or prosecute any suit, proceeding or claim to enforce the provisions of this T&C, to recover damages for breach of or default of this T&C, or otherwise arising under or by reason of this T&C, other than in courts located in State of Delhi. By using this Website or ordering Products, you consent to the jurisdiction and venue of such courts in connection with any action, suit, proceeding or claim arising under or by reason of this T&C.
- Termination: The Company reserves the right to terminate your membership to the Program if it reasonably believes, in its sole discretion, that you have breached any of the terms of this T&C. Following termination, you will not be permitted to avail the benefits of the Program and the Company may, in its sole discretion and without advance notice to you, cancel any outstanding orders for products. If your membership is terminated, the Company reserves the right to exercise whatever means it deems necessary to prevent the unauthorized access of the benefits of the Program. This T&C will survive indefinitely, unless and until the Company chooses, in its sole discretion and without advance notice to You, to terminate it. Assignment. You may not assign your rights and obligations under this VIP T&C to anyone. The Company may assign its rights and obligations under this VIP T&C in its sole discretion and without advance notice to you. By becoming a member of the Program, you agree to be bound by this VIP T&C.
- Survival: If any provision or provisions of these VIP T&C shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.
- Contact Us: Please contact us for any questions or comments regarding the Program.
Customer Service Desk:
Phone Number: +91 890-1555-444
Contact Days: Monday-Friday (From 9:00 Am to 6:00pm)