Terms of service

TERMS AND CONDITIONS

This Website is created and operated by Mul Secret’s, has its corporate address at “Unit 204, C-Wing, Pramukh Plaza, Opp P&G, Cardinal Gracious Road, Chakala, Andheri (East) Mumbai Mumbai City, Maharashtra - 400099, India” represented by its Director, hereinafter referred to as the “Company” (where such expression shall unless repugnant to the context thereof, be deemed to include its representatives, administrators, permitted assigns).

This legal agreement is an electronic record in terms of Indian Information Technology Act, 2000 and rules there under as applicable and the amended provisions about electronic records in various statutes as amended by the Indian Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

This legal document is published in accordance with the provisions of Rule 3 (1) of the Indian Information Technology (Intermediaries guidelines) Rules, 2011 and Rule 4 of the Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011 of Information Technology Act, 2000 amended through Information Technology Amendment Act, 2008 that require publishing the Terms of Services and practices for access or usage of www.mulsecrets.com (“Website”)

The creator of these Terms of Use ensures your steady usage to the website without any obstructions. This document contains information about the Website “www.mulsecrets.com”(hereinafter referred to as the “Website”).

For the purpose of these Terms of Use (“Terms”), wherever the context so requires, “We”, “Our”, and “Us” shall mean and refer to the website and/or the Company, as the context so requires. “You”, “Your”, “Yourself”, “User” shall mean the buyers/sellers as specified and refer to natural and legal individuals who shall be Users of this website availing the services of the website and the same shall be as the context so requires and who is competent to enter into binding contracts, as per Indian laws. “Third Parties” refer to any Application, Company or individual apart from the Users and the creator of this website. “Website” refers to the Website and Application created by the Company which provides the User to avail services of or from the Company through the Website.

GENERAL TERMS

1. The headings of each section in these Terms or Privacy Policy are only for the purpose of organizing the various provisions under these Terms and the Privacy Policy in an orderly manner and shall be used by either Party to interpret the provisions contained herein in a manner as may apply to the User. Further, it is specifically agreed to by the Parties that the headings shall have legal or contractual value on the User availing the services from the website.
2. The use of this website by the Users is solely governed by these Terms, Privacy Policy and as well as other policies that may be uploaded on the website the purpose of the Users effective applicability, and any modifications or amendments made thereto by the Company, from time to time, at its sole discretion. If you as a User continue to access and use this website, you are agreeing to comply with and be bound by the following Terms and Conditions, Privacy Policy and such other policy as that may be available and applicable on the Users of the website.
3. The User expressly agrees and acknowledges that these Terms and Policy are co-terminus in nature and that expiry/termination of either one will lead to the termination of the other.
4. The User unequivocally agrees that these Terms and the aforementioned Policies constitute a legally binding agreement between the User and the Company, and that the User shall be subject to the rules, guidelines, policies, terms, and conditions applicable to any service that is provided by the website, and that the same shall be deemed to be incorporated into these Terms, and shall be treated as part and parcel of the same. The User acknowledges and agrees that no signature or express act is required to make these Terms and the Policy binding on the User and that the User’s act of visiting any part of the website constitutes the User’s full and final acceptance of these Terms and the aforementioned Policy.
5. The Company reserves the sole and exclusive right to amend or modify these Terms without any prior permission or intimation to the User, and the User expressly agrees that any such amendments or modifications shall come into effect immediately. If the User does not adhere to the changes, they must stop using the Services at once. Their continuous use of the Services will signify your acceptance of the changed terms.

WEBSITE OVERVIEW

The website is an online D2C platform that facilitates the selling of skin care tropicals and edible products, specially designed for Indian beauty with the touch of nature’s goodness. The products listed on the website have a distinct identity, and are made available to every house over the world. The website undertakes the services without compromising user privacy and provides for a wide variety of products over a large marketplace for users.

The products listed on the website are based on clean ingredients, though enormous efforts are made and precautions taken to render the products absolutely safe for human use, it is possible that certain ingredients may cause allergic reactions to certain individuals or adversely affect individuals with pre-existing medical conditions. Please make yourself aware of the ingredients and usage instructions accompanying each of our products to make sure that they are safe for you to use. It will be your sole responsibility to take proper precaution/ professional medical advice before using any of our personal care products that you may be allergic to, the website or the manufacturer shall not be held responsible for any such reasons. Each product sold through our website includes a complete list of ingredients. People with sensitivities to any listed ingredient should not use the product. We recommend always doing a patch test to ensure the suitability of the product.

The website also has some additional features such as interactive blogs section wherein Users can share their recipes and skin secrets, User shall be solely responsible for any such DIY recipes and usage, website is only the source and hence shall not be held responsible for any such events and consequences.

Users consist of either buyers or sellers, the buyers can choose from a range of options in different category, exclusively handpicked to help the users find the best quality available.

REGISTRATION

You are required to register Yourself on the website in order to avail the website and its services. For the purpose of registration, the User shall provide the following details on the websites in order to fill up the registration form. The Registrations shall be deemed complete only upon the user's authentication and verification of the user's details through the mobile or email authentication.

• Name
• Address
• Date of Birth
• Gender
• Email-ID
• Mobile Number

ELIGIBILITY

1. The Users jointly represent and warrant that they are competent and eligible to enter into legally binding agreements and they have the requisite authority to bind themselves to these Terms following the Law.
2. The Users further represents that they will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations.
3. The Users may not use the website if they are not competent to contract or are disqualified from doing so by any other applicable law, rule or regulation currently in force.

CONTENT

All text, graphics, User interfaces, visual interfaces, photographs, trademarks, logos, brand names, descriptions, sounds, music and artwork (collectively, ‘Content’), is generated/provided or based on information provided by the You or third parties and the website has no control and make no guarantees regarding the quality, the accuracy, integrity or genuineness of such content or such other information provided on the website.

All the Content displayed on the website is subject to copyright and shall not be reused by any party (or a third party) without the prior written consent of the Company and the copyright owner.

The Users are solely responsible for the integrity, authenticity, quality and genuineness of the content provided on the websites and whilst feedback and comments by Users can be made via the website, the website bears no liability whatsoever for any feedback or comments made by the Users or made in respect of any of the content on the website. Further, the website reserves its right to suspend the account of any User for an indefinite period to be decided at the discretion of the website or to terminate the account of any User who is found to have created or shared or submitted any Content or part thereof that is found to be untrue/inaccurate/misleading or offensive/vulgar. The User shall be solely responsible for making good any financial or legal losses incurred through the creation/sharing/submission of Content or part thereof that is deemed to be untrue/inaccurate/misleading.

The Users have a personal, non-exclusive, non-transferable, revocable, limited privilege to access the Content on the website. Users shall not copy, adapt, and modify any content without written permission of the Company.

INDEMNITY

The Users of this website agree to indemnify, defend and hold harmless the Company/website, and their respective directors, officers, employees and agents (collectively, "Parties"), from and against any losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by us that arise out of, result from, or maybe payable by, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed according to these terms of use. Further, the User agrees to hold the Company/website harmless against any claims made by any third party due to, or arising out of, or in connection with:

• User’s use of the website,
• User’s violation of these Terms and Conditions;
• User’s violation of any rights of another;
• User’s alleged improper conduct according to these Terms;
• User’s conduct in connection with the website;

User agrees to fully cooperate in indemnifying the Company and the website at the user’s expense. The user also agrees not to settle with any party without the consent of the Company.

In no event shall the Company be liable to compensate the User or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable, and whether or not the Company/ website had been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortuous action, or any other claim arising out of or in connection with the User’s use of or access to the website and/or the Services or materials contained therein.

LIMITATION OF LIABILITY

To the fullest extent permitted by law, the website shall not be liable to you or any other party for any loss or damage, regardless of the form of action or basis of any claim. You acknowledge and agree that your sole and exclusive remedy for any dispute with us is to terminate your use of the website.

TERM

1. These Terms shall continue to form a valid and binding contract between the Parties and shall continue to be in full force and effect until the User continues to access and use the websites.
2. The Users may terminate their use of the website at any time.
3. The Company may terminate these Terms and close any account at any time without notice and/or suspend or terminate a User’s access to the website at any time and for any reason, if any discrepancy or legal issue arises.
4. Such suspension or termination shall not limit our right to take any other action against you that the Company considers appropriate.
5. It is also hereby declared that the Company may discontinue the Services and websites without any prior notice.

TERMINATION

1. The Company reserves the right, in its sole discretion, to unilaterally terminate the User’s access to the website, or any portion thereof, at any time, without notice or cause.
2. The website also reserves the universal right to deny access to particular users, to any/all of are on its website without any prior notice/explanation to protect the interests of the website and/or other visitors to the website.
3. The website reserves the right to limit, deny or create different access to the website and its features concerning different Users, or to change any of the features or introduce new features without prior notice.
4. The User shall continue to be bound by these Terms, and it is expressly agreed to by the Parties that the User shall not have the right to terminate these Terms till the expiry of the same.

COMMUNICATION

By using this website and providing his/her identity and contact information to the Company through the website, the Users hereby agree and consent to receive calls, e-mails or SMS from the Company and/or any of its representatives at any time. (with users consent)

Users can report to “hello@mulsecrets.com” if they find any discrepancy with regards to website or content-related information and the Company will take necessary action after an investigation.  The response with resolution (if any issues found) shall be dependent on the time taken for investigation.

The User expressly agrees that notwithstanding anything contained hereinabove, it may be contacted by the Company or any representatives relating to any services availed by the User on the website or anything pursuant thereto and the Users agrees to indemnify the Company from any harassment claims. It is expressly agreed to by the Parties that any information shared by the User with the Company shall be governed by the Privacy Policy.

USER OBLIGATIONS AND FORMAL UNDERTAKINGS AS TO CONDUCT

The User agrees and acknowledges that they are a restricted user of this website and that they:

1. Agree to provide genuine credentials during the process of registration on the website. You shall not use a fictitious identity to register.
2. Agree to ensure the Name, Email address, Address, Mobile number and any such other information provided during account registration is valid at all times and shall keep your information accurate and up-to-date.
3. Users agree that they are solely responsible for maintaining the confidentiality of your account password. You agree to notify us immediately of any unauthorized use of your account. Company reserves the right to close your account at any time for any or no reason.
4. Understand and acknowledge that the data submitted is manually entered into the database of the website. The User also acknowledges the fact that data so entered into the database is for easy and ready reference for the User, and to streamline the Services through the website.
5. Authorize the website to use, store or otherwise process certain personal information and all published Content, Client responses, Client locations, User comments, reviews and ratings for personalization of Services, marketing and promotional purposes and for optimization of User-related options and Services.
6. Understand and agree that, to the fullest extent permissible by law, the website/Company and their successors and assigns, or any of their affiliates or their respective officers, directors, employees, agents, licensors, representatives, operational service providers, advertisers or suppliers shall not be liable for any loss or damage, of any kind, direct or indirect, in connection with or arising from the use of the website or this terms of use, including, but not limited to, compensatory, consequential, incidental, indirect, special or punitive damages.
7. Are bound not to cut, copy, modify, recreate, reverse engineer, distribute, disseminate, post, publish or create derivative works from, transfer, or sell any information or obtained from the website. Any such use/limited use of the website will only be allowed with the prior express written permission of the Company.
8. Agree not to access (or attempt to access) the website and/or the materials or Services by any means other than through the interface provided by the website. The use of deep-link, robot, spider or other automatic devices, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the website or its content, or in any way reproduce or circumvent the navigational structure or presentation of the website, materials or any content, or to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the website will lead to suspension or termination of the User’s access to the website. The User acknowledges and agrees that by accessing or using the website or any of the Services provided therein, it may be exposed to content that it may consider offensive, indecent or otherwise objectionable. The Company disclaims any liabilities arising concerning such offensive content on the website.
9. Expressly agree and acknowledge that the Content generated by the Users and displayed on the website is not owned by the Company and that the Company is in no way responsible for the content of the same. The User may, however, report any offensive or objectionable content, which the Company may then remove from the website, at its sole discretion.
10. Expressly consents to follow the terms and conditions, and policies with the Company from whom the Users are utilizing services.

The User further undertakes not to:

1. Engage in any activity that interferes with or disrupts access to the website or the Services provided therein (or the servers and networks which are connected to the website);
2. Impersonate any person or entity, or falsely state or otherwise misrepresent his/her affiliation with a person or entity;
3. Probe, scan or test the vulnerability of the website or any network connected to the website, nor breach the security or authentication measures on the website or any network connected to the website. The User may not reverse look-up, trace or seek to trace any information relating to any other User of, or visitor to, the website, or any other viewer of the website, including any User account maintained on the website not operated/managed by the User, or exploit the website or information made available or offered by or through the website, in any manner;
4. Disrupt or interfere with the security of, or otherwise cause harm to, the website, systems resources, accounts, passwords, servers, or networks connected to or accessible through the website or any affiliated or linked websites.
5. Use the website or any material or content therein for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of this website or any other third party (s);
6. Violate any code of conduct or guideline which may apply for or to any particular service offered on the website;
7. Violate any applicable laws, rules or regulations currently in force within or outside India;
8. Violate any portion of these Terms or the Privacy Policy, including but not limited to any applicable additional terms of the website contained herein or elsewhere, whether made by amendment, modification, or otherwise;
9. Commit any act that causes the Company to lose (in whole or in part) the Services of its Internet Establishment ("ISP") or in any manner disrupts the Services of any other supplier/service provider of the Company/website;
10. The user agrees to the terms and conditions of the Company’s SFP agreement in addition to the terms and condition set forward for unpaid users.

Further:

1. The User hereby expressly authorizes the Company/website to disclose any and all information relating to the User in the possession of the Company/website to law enforcement or other government officials, as the Company may in its sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those involve personal injury and theft/infringement of intellectual property. The User further understands that the Company/website might be directed to disclose any information (including the identity of persons providing information or materials on the website) as necessary to satisfy any judicial Order, law, regulation or valid governmental request.
2. By indicating User's acceptance to purchase any service offered on the site, the user is obligated to complete such transactions after making payment. Users shall prohibit from indicating their acceptance to avail services where the transactions have remained incomplete.
3. The User agrees to use the services provided by the Company, its affiliates, consultants and contracted companies, for lawful purposes only.
4. The User agrees not to make any bulk purchase to indulge in any resale activities. In case of any such instances, the Company reserves all rights to cancel the current and future orders and block the concerned User account.
5. The User agrees to provide authentic and true information. The Company reserves the right to confirm and validate the information and other details provided by the User at any point of time. If upon confirmation such User details are found to be false, not to be true (wholly or partly), the Company shall in its sole discretion reject the registration and debar the User from using the Services available on its Website, and/or other affiliated websites without prior intimation whatsoever.
6. The User agrees not to post any material on the website that is defamatory, offensive, obscene, indecent, abusive, or needlessly distressful, or advertising any goods or services. More specifically, the User agrees not to host, display, upload, update, publish, modify, transmit, or in any manner share any information that:

• belongs to another person and to which the User has no right to;
• is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, podophilic, 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;
• is in any way harmful to minors;
• infringes any patent, trademark, copyright or other proprietary rights;
• violates any law for the time being in force;
• deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing;
• Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of others;
• Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
• Publish, post, disseminate, any grossly harmful information, 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 unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
• 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 cognizable offence or prevents investigation of any offence or is insulting any other nation.

SUSPENSION OF USER ACCESS AND ACTIVITY

Notwithstanding other legal remedies that may be available, the Company may in its sole discretion, limit the User’s access and/or activity by immediately removing the User’s access credentials either temporarily or indefinitely, or suspend/terminate the User’s association with the website, and/or refuse to the usage of the website to the User, without being required to provide the User with notice or cause:

1. If the User is in breach any of these Terms or the Privacy Policy;
2. If the User has provided wrong, inaccurate, incomplete or incorrect information;

If the User’s actions may cause any harm, damage or loss to the other Users or the Company, at the sole discretion of the Company.

INTELLECTUAL PROPERTY RIGHTS

Unless expressly agreed to in writing, nothing contained herein shall give the User a right to use any of the website’s trade names, trademarks, service marks, logos, domain names, information, questions, answers, solutions, reports and other distinctive brand features, save according to the provisions of these Terms. All logos, trademarks, brand names, service marks, domain names, including material, designs, and graphics created by and developed by the website and other distinctive brand features of the website are the property of the Company or the respective copyright or trademark owner. Furthermore, concerning the website created by the Company, the Company shall be the exclusive owner of all the designs, graphics and the like, related to the website.

The User may not use any of the intellectual property displayed on the website in any manner that is likely to cause confusion among existing or prospective Users of the website, or that in any manner disparages or discredits the Company/website, to be determined in the sole discretion of the Company.

The User is aware of all intellectual property, including but not limited to copyrights, relating to said services residing with the owners, and that at no point does any such intellectual property stand transferred from the aforementioned creators to the Company or any other User. The User is aware that the Company merely provides a website through which the Users can communicate and schedule meetings, and the Company/website does not own any of the intellectual property relating to the independent content displayed on the website, apart from created graphics and specified content.

The User is further aware that any reproduction or infringement of the intellectual property of the aforementioned owners by the User will result in legal action being initiated against the User by the respective owners of the intellectual property so reproduced/infringed upon. It is agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.

DISCLAIMER OF WARRANTIES AND LIABILITIES

1. The User agrees and undertakes that they are accessing the website at their sole risk and are that they are using their best and prudent judgment before availing any service listed on the website or accessing/using any information displayed thereon.
2. The User agrees that any kind of information, resources, activities, recommendations obtained/availed from website, written or oral, will not create any warranty and the website disclaims all liabilities resulting from these.
3. The website does not guarantee that the Services contained in the website will be uninterrupted or error-free, or that the website or its server will be free of viruses or other harmful components, and the User hereby expressly accepts any associated risks involved with the User’s use of the website.

It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.

FORCE MAJEURE

Neither the Company nor the website shall be liable for damages for any delay or failure to perform its obligations hereunder if such delay or failure is due to cause beyond its control or without its fault or negligence, due to Force Majeure events including but not limited to acts of war, acts of God, earthquake, riot, fire, festive activities sabotage, labour shortage or dispute, internet interruption, technical failure, breakage of sea cable, hacking, piracy, cheating, illegal or unauthorized.

DISPUTE RESOLUTION AND JURISDICTION

It is expressly agreed to by the Parties hereto that the formation, interpretation, and performance of these Terms and any disputes arising therefrom will be resolved through Arbitration. It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.

Arbitration: In the event that the Parties are unable to amicably resolve a dispute by mediation, said dispute will be referred to arbitration by a sole arbitrator to be appointed by the Company, and the award passed by such sole arbitrator will be valid and binding on all parties. The Parties shall bear their own costs for the proceedings, although the sole arbitrator may, in his/her sole discretion, direct either Party to bear the entire cost of the proceedings. The arbitration shall be conducted in English, and the seat of Arbitration shall be the city of Mumbai, Maharashtra, India.

The Parties expressly agree that the Terms, Policy and any other agreements entered into between the Parties are governed by the laws, rules, and regulations of India.

NOTICES/GRIEVANCES

Any and all communication relating to any dispute or grievance experienced by the User may be communicated to the Company by the User by emailing to “hello@mulsecrets.com”.

MISCELLANEOUS PROVISIONS

1. Entire Agreement: These Terms, read with the Policy, form the complete and final contract between the User and the Company with respect to the subject matter hereof and supersedes all other communications, representations, and agreements (whether oral, written or otherwise) relating thereto.
2. Waiver: The failure of either Party at any time to require performance of any provision of these Terms shall in no manner affect such Party's right at a later time to enforce the same. No waiver by either party of any breach of these Terms, whether by conduct or otherwise, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such breach, or a waiver of any other breach of these Terms.
3. Severability: If any provision/clause of these Terms is held to be invalid, illegal or unenforceable by any court or authority of competent jurisdiction, the validity, legality, and enforceability of the remaining provisions/clauses of these Terms shall in no way be affected or impaired thereby, and each such provision/clause of these Terms shall be valid and enforceable to the fullest extent permitted by law. In such case, these Terms shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while preserving to the maximum extent the original rights, intentions and commercial expectations of the Parties hereto, as expressed herein.
4. Contact Us: If you have any questions about this Policy or any other policy, the practices of the website, or your experience, you can contact us at hello@mulsecrets.com Contact: +919892232042 or you can reach out to us on the following address:

Mul Secrets Wellness LLP

Unit 204, C-Wing, Pramukh Plaza, Opp P&G, Cardinal Gracious Road, Chakala, Andheri (East) Mumbai Mumbai City, Maharashtra - 400059, India