TERMS AND CONDITION

HI Wellness Private Limited, 212, 2nd Floor, Okhla Phase III, New Delhi- 110020 is one of the most accountable organizations engaged in organic farming in India, which is one stop solution to all your health and wellness concerns at Mexamin.com. We wish to build a lifelong relationship with you as a client wherein nothing should go wrong. Hence here are some terms and conditions to maintain transparency of our relationship.

While accessing, using, browsing or making a purchase through Mexamin.com, users are requested to accept that they have agreed to the terms and conditions of our portal. In case of any violation, Mexamin.com and its associates reserve all the rights for taking any legal action(s) against them. AGREEMENT BETWEEN CUSTOMER AND Mexamin.com
DELIVERY
The Product shall be delivered within 5-10 working days!

APPLICABILITY OF THE AGREEMENT

1.1 This agreement (“customer agreement” or “Agreement”) incorporates the terms and conditions for Mexamin.com and its affiliate or associate companies (Hereinafter called or referred to as “Mexamin.com“) to provide products to the person(s) (“the Customer”) intending to purchase or inquiring for any of the products of Mexamin.com by using Mexamin.com websites or using any other customer interface channels of Mexamin.com. It includes its sales or marketing persons, offices, call centres, advertisements, information campaigns ,public broadcastings, etc.
1.2 Both Customer and Mexamin.com are individually referred to as ‘party’ to the agreement and collective referred to as ‘parties’.

INTERPRETATION AND GENDER

2.1 The terms and conditions herein shall apply equally to both the singular and plural form of the terms defined. Whenever the context may require, any pronoun shall include the corresponding masculine, feminine and neuter form. The words “include”, “includes” and “including” shall be deemed to be followed by the phrase “without limitation”. Unless the context otherwise requires, the terms “herein”, “hereof”, “hereto”, ‘hereunder” and words of similar import refer to this agreement as a whole.

HEADINGS

3.1 The headings and subheadings herein are included for convenience and identification only and are not intended to describe, interpret, define or limit the scope, extent or intent of this agreement, terms and conditions, notices, or the right to use this website by the Customer contained herein or any other section or pages of Mexamin.com Websites or its partner websites or any provision hereof in any manner whatsoever.
3.2 In the event that any of the terms, conditions, and notices contained herein conflict with the Additional Terms or other terms and guidelines contained within any particular Mexamin.com website, then these terms shall control.

CUSTOMER’S RESPONSIBILITY OF KNOWLEDGE OF THIS AGREEMENT

4.1 The Customers availing products from Mexamin.com shall be deemed to have read, understood and expressly accepted the terms and conditions of this agreement, which shall govern the desired transaction or provision of such products by Mexamin.com for all purposes, and shall be binding on the Customer. All rights and liabilities of the Customer and/or Mexamin.com with respect to any product to be provided by Mexamin.com shall be restricted to the scope of this agreement.
4.2 Mexamin.com reserves the right, in its sole discretion, to terminate the access to any or all Mexamin.com websites or its other sales channels and the related products or any portion thereof at any time, without notice, for general maintenance or any reason of whatsoever nature.
4.3 In addition to this Agreement, there are certain terms of service (TOS) specific to the products provided by Mexamin.com like organic haldi, organic rice, etc. Such TOS will be provided/ updated by Mexamin.com which shall be deemed to be a part of this Agreement and in the event of a conflict between such TOS and this Agreement, the terms of this Agreement shall prevail. The Customer shall be required to read and accept the relevant TOS for the service/ product availed by the Customer.
4.4 Additionally, the Product Provider- Mexamin.com will provide terms and guidelines that govern particular features, offers or the operating rules and policies applicable to each product. The Customer shall be responsible for ensuring compliance with the terms and guidelines or operating rules and policies of Mexamin.com with whom the Customer choose to deal with, including terms and conditions set forth in the rules, contract of carriage or other rules.
4.5 Mexamin.com products are offered to the Customer conditioned on acceptance without modification of all the terms, conditions and notices contained in this Agreement and the TOS, as may be applicable from time to time. For the removal of doubts, it is clarified that the purchase of the product by the Customer constitutes an acknowledgement and acceptance by the Customer of this Agreement and the TOS. If the Customer does not agree with any part of such terms, conditions and notices, the Customer must not avail Mexamin.com products.
4.6 In the event that any of the terms, conditions, and notices contained herein conflict with the Additional Terms or other terms and guidelines contained within any other Mexamin.comdocument, then these terms shall control or rule.

THIRD PARTY ACCOUNT INFORMATION

5.1 By using the Account Access service in Mexamin.com websites, the Customer authorizes Mexamin.com and its agents to access third party sites, including that of Banks and other payment gateways, designated by them or on their behalf for retrieving requested information.
5.2 While registering, the Customer will choose a password and is responsible for maintaining the confidentiality of the password and the account.
5.3 The Customer is fully responsible for all activities that occur while using their password or account. It is the duty of the Customer to notify Mexamin.com immediately in writing of any unauthorized use of their password or account or any other breach of security. Mexamin.com will not be liable for any loss that may be incurred by the Customer as a result of unauthorized use of his password or account, either with or without his knowledge. The Customer shall not use anyone else’s password at any time.

PAYMENT OF FEES
6.1 Mexamin.com reserves the right to charge listing fees for certain listings, as well as transaction fees based on certain completed transactions using the services. Mexamin.com further reserves the right to alter any and all fees from time to time, without notice.
6.2 The Customer shall be completely responsible for all charges, fees, duties, taxes, and assessments arising while buying a product.
6.3 In case, there is a short charging by Mexamin.com for listing, product or transaction fee or any other fee or service because of any technical or other reason, it reserves the right to deduct/charge/claim the balance subsequent to the transaction at its own discretion.
6.4 In the rare possibilities, wherein the product does not reach you, for any reason whatsoever, we will process the refund and intimate you of the same. All subsequent further purchases will be treated as new transactions with no reference to the earlier unconfirmed purchase.
6.5 The Customer shall request Mexamin.com for any refunds against the non- delivery of order for any reasons within 90 days from the date of departure for the order. Any applicable refunds would accordingly be processed as per the defined policies of Mexamin.com as the case may be. No refund would be payable for any requests made after the expiry of 90 days as above and all unclaimed amounts for such a non- delivery of product shall be deemed to have been forfeited.
Confidentiality
7.1 Information mentioned by Mexamin.com as confidential shall be considered and maintained as confidential by the customer and not be disclosed unless the demand is by the law or for the purpose of this agreement and the obligations of both the sides.

Use of the customer mobile number by Mexamin.com
8.1 Any kind of information like order confirmation, dispatch information, payment confirmation, cancellation, schedule change, refund status or any change relevant for transaction can be sent via SMS or by voice call on the contact number provided by the customer at the time of purchase. The customers can also be contacted by SMS, email or voice call in case of inability to make or conclude the purchase which will also be helpful for the customer. It will be taken that thereby, the customer unconditionally gives consent to such communications via SMS and/ voice call by Mexamin.com in case of (a) request and authorization of customer (b) transactional and not an ‘unsolicited commercial communication’ according to the guidelines of Telecom Regulation Authority of India (TRAI) and (c) in compliance with relevant guidelines of TRAI or any similar kind of authority in India and abroad. Customers will have to compensate for any kind of losses and damages faced by Mexamin.com as a result of any action taken by TRAI, access providers (according to TRAI regulations) or any other kind of authority due to a mistaken complaint by the customer on Mexamin.com due to a wrong email id or phone number being provided by the customer for any reason.

Onus of the customer
9.1Only the transactions done through Mexamin.com are considered valid. Mexamin.com cannot be held responsible for screening, censoring or controlling of transactions, whether the transaction is legal/valid as per the laws of the land that the customer belongs to.
9.2 The customer must abide by all the above procedures and guidelines, even if modified over a period of time in context to use of products. Customers also have to go as per all the applicable laws and regulations as far as the use of products with respect to jurisdiction for each product is concerned.
9.3 It is necessary that customer represents and also confirms his or her correct legal age in order to have a binding contract. If not, he can be barred from availing any kind of services under the laws of India or other applicable laws.

Insurance
10.1 Obtaining sufficient insurance coverage is the obligation/ option of the customer, unless explicitly provided by Mexamin.com in a particular product or delivery. Any such claims in such situations will not be accepted by Mexamin.com
10.2 If any kind of insurance is provided as a part of a product by Mexamin.com, it shall be according to the terms and conditions of the insuring company. Customers need to directly get in touch with the insuring company for any claims or disputes and Mexamin.com is not bound to provide any express or implied undertakings for accepting the above claims made by the insurance company.

Advertisers on Mexamin.com or linked websites
11.1 Any omissions, errors or representations on any of its pages or any links or linked website pages, Mexamin.com cannot be held responsible for the same. Endorsement of any advertiser on the webpage is not done by Mexamin.com. It is advisable for the customers to verify the accuracy of all information by themselves before relying on any such information.
11.2 None of the linked sites are under the control of Mexamin.com and it is not responsible for the contents of any linked website or any other link in a linked site including any changes or updates on such sites. These links are provided to the customers exclusively as a convenience and including any of these links does not mean that Mexamin.com is endorsing them.
Force Majeure situations
12.1 Customers are requested to agree to certain exceptional circumstances wherein the delivery agency may be unable to meet up the expectations of the confirmed delivery date owing to reasons like labour unrest, climatic conditions, insolvency, business exigencies, operational and technical issues, government decisions etc. In case of such situations, informing Mexamin.com well in advance where dishonour of purchases have happened, it will make sincere efforts to provide alternatives to the affected customers or a refund of the amount after deducting reasonable service charges along with the support of that respective delivery service operator. Customers must agree to the fact that Mexamin.com will not be responsible for any such circumstances as it is just an agent for facilitating the purchase services. Customers will have to contact the service provider directly for refunds and resolutions.
12.2 In situations of technical or any other kind of failure in Mexamin.com, products committed to earlier may not be provided and can also involve substantial modifications. In these cases, Mexamin.com shall refund the all the amount received from the customer for purchasing the product, excluding applicable cancellation, refund or any other charges, which totally discharge any and all liabilities of Mexamin.com against non-provision of services or deficiencies. Any kind of additional liabilities, if any, will be borne by the customer.
12.3 Any kind of delays and inabilities in performance or non-performance in whole or as a part of its obligations because of causes that are not due to its acts, omissions and beyond its control (acts of God, fire, strikes, embargo, acts of government, terrorism or other similar causes, problems in airlines, buses, rails, hotels or transporters end, will not hold Mexamin.com liable. In any such event, the affected customer will promptly be given notice as the situation permits.
12.4 Without any differentiation to above stated, the maximum responsibility on the part of Mexamin.com arising under any circumstances, in respect to any product being offered on the site, shall be a refund of total amount received from the customer unless there has been a cancellation, refund or any other charges as applicable. In none of the cases, will liability include loss, damage or additional expenses more than the amount charged by Mexamin.com for its products.
12.5 Mexamin.com is not liable for any kind of direct, indirect, punitive, incidental, special or consequential damage or any other damage including without limitation, damages for loss of used data or profits, arising out of or in any way connected to the use or performance of Mexamin.com websites or channels.Mexamin.com will not be responsible for the delay or inability to use the Mexamin.com websites or products.
12.6 Mexamin.com cannot be held responsible for any kind of errors, omissions or representations on any of its pages or on any links or any of the linked website pages.

Safety of downloaded data
13.1 Any material or data downloaded or otherwise obtained through the use of service is done totally at their own discretion and risk. They will be responsible for any damage to their computer system or loss of data resulting from the download of any such material or data.
13.2 Having said so, Mexamin.com will always out in best efforts and endeavour to make sure that the content on websites or any other information channels are free of any virus or such malwares.

Customer feedback and solicitation
14.1 Customers need to be aware that Mexamin.com provides products like turmeric and rice. They have to specifically authorize Mexamin.com to contact the customers with offers in various products through direct mailers, phone calls, SMS or any other medium over regular intervals. In cases where the customer does not wish to be contacted, he/ she can write to Mexamin.com for specific exclusion at farmoperations@bagdarafarms.com or provide his/her preferences to respective service provider. All the privacy policies of Mexamin.com must be read and understood by the customers in accordance to which Mexamin.com contacts, solicits the customers and shares the information of customers.

Proprietary rights
15.1 All the materials provided by Mexamin.com such as sounds, photographs, videos, graphics or other material contained in sponsor advertisements or information are protected by copyrights, trademarks or other intellectual property rights and laws.
15.2 These materials may be used by the customer only as authorized by Mexamin.com and shall not copy, transmit or make creative works of such material without express authorization.
15.3 Customers need to acknowledge and agree that he/she shall not upload post, reproduce or distribute any content on or through services protected by copyrights or other proprietary rights of a third party, without obtaining the written permission of the owner of such right.
15.4 An appropriate copyright or other proprietary rights notice must be contained in any copyrighted or other proprietary content distributed with the owner’s consent. It is illegal to submit and distribute copyright or other proprietary content and could subject the customer to personal liability or criminal prosecution.

Personal and non-commercial use limitation
17.1 All the Mexamin.com products are for the personal use of the customers and non-commercial use, unless specified otherwise. Customers should not copy, modify, distribute, display, transmit, publish, reproduce, license, create derivative works from , transfer or sell any information, software, products or services provided obtained from Mexamin.com websites without the written approval from Mexamin.com.

Indemnification
18.1 The customer should agree to defend, indemnify and hold Mexamin.co, or/and its associates, their websites and their respective lawful successors and assign from and against any losses claims, damages, liabilities, costs and expenses (like reasonable legal fees and disbursements in connection there with and interest chargeable thereon) asserted against or incurred by Mexamin.com.
18.2 Customer and not Mexamin.com will be responsible for any kind of breach of any country specific rules and regulations or general code of conduct.

Right to refuse

19.1 The right to refusal is reserved by Mexamin.com to not to accept any customer order without assigning any reason thereof. Unless and until, full money for the product has been received from the customer and accepted by Mexamin.com, any contract to provide any product is considered incomplete.
19.2 Mexamin.com may limit the activities of the customer or end customer’s listing , warn other customers of customer’s action, immediately or temporarily/ indefinitely or suspend or terminate customer’s registration and or refuse to provide customer with access to website under this agreement or TOS or under applicable law if:
19.2.1 Breach of this agreement by the customer, the TOS or other documents it incorporates by reference. 19.2.2 Any information provided by the customer cannot be verified or authenticated by the customer. 19.2.3 If Mexamin.com believes that customer’s actions may infringe or any third party or breach any applicable law or otherwise result in any liability for the customer, other customers of the website and/or Mexamin.com.
19.3 Suspension of customers can be reinstated in its sole discretion by Mexamin.com. Once so done, the customers shall not register or even attempt to register with Mexamin.com or use the website in any manner whatsoever until the customer is reinstated by Mexamin.com.
19.4 In case the customer breaches this agreement, the TOS or the documents it incorporates by reference, Mexamin.com has the right to recover any amount due and owing by the customer to Mexamin.com and/or the service provider or take any strict legal action as deemed fit by Mexamin.com
Right To Cancellation By Mexamin.com In Case Of Invalid Information From Customer
20.1 The customer undertakes to provide only correct and valid information to Mexamin.com while requesting for the purchase of a product under this agreement and not to misinterpret facts of any kind. Any default on the customer’s part will disentitle the customer to purchase any products from Mexamin.com.
20.2 If Mexamin.com discovers or believes during or after the request that the information provided by the customer is invalid or fake or the request is unauthorised or the facts have been misinterpreted, Mexamin.com has the right to take any steps against the customer without any prior information, which includes cancellation of the purchases. In such cases, Mexamin.com will not be responsible for any loss or damage to the customer.
20.3 The customer indemnifies Mexamin.com of any such liability or claim and cannot hold responsible Mexamin.com for any damage or loss caused due to measures taken by Mexamin.com to safeguard their own interest and of their genuine buyers. This also includes the cancellation or denying of any purchases made by the customer if he/she is suspected of fraud transactions.
Severability
21.1 In case any provision of this agreement is found unenforceable or invalid in whole or in part, then it will attach to only such part of the provision and the remaining parts of the provision will remain in full effect and force.
Relationship
22.1 No provisions of any agreement, notices, terms and conditions or the right to use this website by the customers here or any other pages or sections of Mexamin.com website or its partner websites will be deemed to follow a partnership between Mexamin.com and the customer. No party will have any authority to bind to be the agent in any other way.
Updating Of The Information By Mexamin.com
23.1 Customer shall acknowledge that Mexamin.com provides all the products with care and diligence. Mexamin.com ensures that no customer faces any inconvenience. Though, sometimes the products, information, software and services available through Mexamin.com websites or other ad material and marketing channels may include typographical errors or inaccuracies and these will be corrected as soon as Mexamin.com notices them. Mexamin.com can update or make any changes to their website without any prior notice to their customers. Any advice or suggestion received by anyone except the official representative of Mexamin.com should not be taken seriously.

Modification Of These Terms Of Use
24.1 Mexamin.com has all the rights to change or update the terms and conditions and notices. The customers are responding to view these notices and terms and conditions regularly.
Jurisdiction And Governing Law
25.1 Mexamin.com hereby disclaims any warranties imputed by the judiciary or country other than where it operates its offices. Mexamin.com considers itself to the jurisdiction only of the courts in Pune, India. This agreement will be constructed and governed in accordance with the Indian law.
Responsibilities Of The Customer Vis-A-Vis The Agreement
26.1 Mexamin.com may change the features of its product any time without any prior notice. Mexamin.com disclaims warranties of any kind, but not limited to the implied warranties of non-infringement, merchantability and fitness for a particular purpose. No information or advice which the customer receives from Mexamin.com will create any warranty which is not made in the terms and conditions of the products. If the customer does not agree with any of the above given terms, then he/she is advised to not read any material on any Mexamin.com pages or use any content, material, page or information provided by Mexamin.com. The exclusive and only remedy of the customer in any case of disagreement is to notify Mexamin.com and discontinue using the services.