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Terms & Conditions

Date of last update: 17 February 2021

  1. USE OF THE PLATFORM

Welcome to www.scentido.com (website). The website www.scentido.com is owned and operated by Mirasimo Fragrances & Cosmetics LLP (Mirasimo), and the retail stores i.e., Scentido Niche Perfumery is operated by Mirasimo, which has its registered office in Mumbai, India. For the purposes of these terms of use (Terms of Use) and the website, the laws of the Republic of India shall be applicable law. Your usage of this website is subject to your express consent that the laws of the Republic of India shall be applicable law. Scentido Niche Perfumery and Mirasimo are together referred to as “Scentido” and the website and retail stores are together referred as the Platform. You may be accessing our website from a computer or mobile phone device (running either an iOS or Android operating system, for example) and these Terms of Use govern your use of our website and your conduct, regardless of the means of access. These Terms of Use govern all the products offered on the website. These Terms of Use together with the Privacy Policy, the Authenticity Policy and the Cookie Policy, besides such other policies such as the Shipping and Cancellation Policy, Refund and Return Policy and such other policies as may be amended from time to time that govern this website shall together constitute the entire terms on which you may use this website and shall be deemed to have been set out herein as if expressly set out herein. [JP Note: Please hyperlink the policies here.]

The website is only to be used for your personal use and information. You may not use this website or the services offered by Mirasimo whether online or offline to procure any products available for sale herein to either wholesale/ sell/ distribute the same, and your usage of this website is subject to your expressly agreeing to this condition. By mere accessing or using the website, you are acknowledging, without limitation or qualification, to be bound by these Terms of Use and the Polices, whether you choose to read the same or not.

ACCESSING, BROWSING OR OTHERWISE USING THE WEBSITE INDICATES YOUR UNCONDITIONAL AGREEMENT TO ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT, SO PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PROCEEDING.

If you do not agree to any of the terms enumerated in the Terms of Use or the Policies, please do not use the website. You are responsible to ensure that your access to this website and material available on or through it are legal in each jurisdiction, in or through which you access or view the website or such material.

Mirasimo reserves the unilateral right to change the particulars contained in the Terms of Use or the Policies from time to time and at any time, without notice to its users and in its sole discretion. If Mirasimo decides to change the Terms of Use or Policies, Mirasimo will post the new version of the Terms of Use or the Policies on the website and update the date specified above. Any change or modification to the Terms of Use and the Policies will be effective immediately from the date of such upload of the Terms of Use and Policies on the website. Your continued use of the website following the modifications to the Terms of Use and Policies constitutes your acceptance of the modified Terms of Use and Policies whether or not you have read them. For this reason, you should frequently review these Terms of Use, our Guidelines and Rules and any other applicable policies, including their dates, to understand the terms and conditions that apply to your use of the website.

  1. PRIVACY PRACTICES

We understand the importance of safeguarding your personal information and we have formulated a Privacy Policy, to ensure that your personal information is sufficiently protected. Apart from these Terms of Use, the Privacy Policy shall also govern your visit and use of the website. Your continued use of the website implies that you have read and accepted the Privacy Policy and agree to be bound by its terms and conditions. You consent to the use of personal information by Mirasimo in accordance with the terms of and purposes set forth in the Privacy Policy, the same may be subject to amendment from time to time at the sole discretion of Mirasimo.

  1. YOUR ACCOUNT

This website is directed to be used by adults only. We assume that any minor, if at all, accessing our website is under the supervision of their parents/ guardians for which neither Mirasimo nor Scentido shall have no liability whatsoever. Scentido, Mirasimo and/ or its associates do not knowingly collect information from minors. You will be responsible for maintaining confidentiality of your account, password, and restricting access to your computer, and you hereby accept responsibility for all activities that occur under your account and password. You acknowledge that the information you provide, in any manner whatsoever, are not confidential or proprietary and does not infringe any rights of a third party in whatsoever nature.

If you are accessing, browsing and using the website on someone else’s behalf, you represent that you have the authority to bind that person to all the terms and conditions herein. In the event that the person refuses to be bound as the principal to the Terms of Use, you agree to accept liability for any harm caused by any wrongful use of the website resulting from such access or use of the website in whatsoever nature.

If you know or have reasons to believe that the security of your account has been breached, you should contact us immediately using the ‘Contact Information’ provided below. If we have found a breach or suspected breach of the security of your account, we may require you to change your password, temporarily or permanently block or suspend your account without any liability to Scentido, Mirasimo or its associates.

We reserve the right to refuse service and/or terminate accounts without prior notice if these Terms of Use are violated or if we decide, in our sole discretion, that it would be in Mirasimo’s best interests to do so. You are solely responsible for all contents that you upload, post, e-mail or otherwise transmit via the website. The information provided to us shall be maintained by us in accordance with our Privacy Policy.

  1. PRODUCT & SERVICES INFORMATION

Mirasimo attempts to be as accurate as possible in the description of the product on the website. However, Mirasimo does not warrant that the product description, colour, information or other content of the Platform is accurate, complete, reliable, current or error-free. The website may contain typographical errors or inaccuracies and may not be complete or current. The product pictures are indicative and may not match the actual product.

Mirasimo reserves the right to correct, change or update information, errors, inaccuracies or omissions at any time (including after an order has been submitted) without prior notice. Please note that such errors, inaccuracies or omissions may also relate to pricing and availability of the product or services.

  1. PRODUCT USE & SERVICES

The products and services available on the website, and the samples, if any, that the website may provide you, are for your personal use only. The products or services, or samples thereof, which you may receive from us, shall not be sold or resold for any commercial reasons whatsoever.

In case any products or beauty services purchased / received / availed causes side effects or doesn’t suit you, please note that neither Mirasimo nor Scentido is in no manner responsible for any manufactural side-effects or service provider and the manufacturer or service provider of the product or service shall be solely responsible for such side effects and consumer complaints. You should carefully read the individual terms and conditions in relation to the products and beauty services and consult a specialist before the use of the same. Your use of the website and the platform (which includes both the website and the application – collectively referred to as the ‘Platform’) is an express consent from your side to refrain from taking any action against Scentido, Mirasimo and/ or its associates for any harm caused to you whatsoever by using the products, and that in such cases, liability, if any, will rest with the manufacturer of the said product and not in any way with Scentido, Mirasimo and/ or its associates.

  1. RECOMMENDATION OF THE PRODUCT & SERVICES

Any recommendation made to you in the website during the course of your use of the website is purely for informational purposes and for your convenience and does not amount to endorsement of the product or services by Scentido, Mirasimo and/ or any of its associates in any manner.

  1. PRICING INFORMATION

Mirasimo strives to provide accurate product and pricing information, however errors may occur.

Mirasimo cannot confirm the price of the product until you make the order. Without limiting the generality of Clause 8 (Cancellations, Refunds and Returns) below, if a product / service is listed at an incorrect price or with incorrect information due to any technical error, Mirasimo shall have the right, at its sole discretion, to refuse or cancel any orders placed for that product/ service, unless the product has already been delivered or the service has already been availed by you. In the event that an item is wrongly priced, Mirasimo may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Unless the product ordered by you has been delivered and the services are availed, your offer will not be deemed accepted and Mirasimo will have the right to modify the price of the product/ service and contact you for further instructions using the e-mail address provided by you during the time of registration or placing of order, or cancel the order and notify you of such cancellation. In the event that Mirasimo accepts your order the same shall be debited to your credit card/ debit card account and duly notified to you by e-mail that the payment has been processed. The payment may be processed prior to Mirasimo’s dispatch of the product that you have ordered. If we have to cancel the order after we have processed the payment, the said amount will be reversed to your credit / debit card account.

PRICES AND AVAILABILITY OF THE PRODUCTS AND SERVICES PROVIDED OR OFFERED ON THE WEBSITE ARE SUBJECT TO CHANGE WITHOUT PRIOR NOTICE AND AT THE SOLE DISCRETION OF SCENTIDO. Mirasimo may revise and cease to make available any product/ services at any time. In the event, Mirasimo is unable to deliver the product to you on time or at all, you will be notified by an e-mail and your order will be automatically cancelled due to unavailability of the product or at your instructions due to failure to deliver the product on the expected time of delivery by our delivery partners. Mirasimo shall not be liable to pay for any damages in such an event owing to cancellation of the order or delay in delivery.

  1. CANCELLATIONS, REFUNDS AND RETURNS

Please refer to our Cancellation, Refunds and Returns Policy provided on our website.

  1. MODE OF PAYMENT

Payments for the products available on the website may be made in the following ways:

  • Payments can be made by credit cards, debit cards, internet banking, e-wallets, e-Gift cards, and reward points.
  • Credit card, debit card and internet banking payment options are instant payment options and are recommended to ensure faster processing of your order.
  • Cash on Delivery option is not available for orders outside India.
  1. SHIPPING AND DELIVERY

Please refer to our Shipping and Delivery Policy provided on our website, as amended from time to time.

  1. CHAT FUNCTIONALITY

The chat functionality has been provided to help you with any and all website related queries. Any use of this service shall be subject to the following conditions:

  • Mirasimo may suspend the chat service at any time without notice.
  • Mirasimo or its executives are not responsible for any delay caused in attending to or replying to the queries via chat.
  • Communication through chat may be stored by Mirasimo for future reference, and the user of such service will not have the right to access such information at any future date.
  • While ‘chatting’ you may not communicate any objectionable information i.e. including but not limited to unlawful, threatening, abusive, defamatory, obscene content and/ or information. If you use the chat for any activity deemed unlawful, Mirasimo reserves the right to take such action in accordance with applicable law as may be advised so as to protect its employees or any person reading or viewing such objectionable content as shared by you.
  • The chat room shall not be used by you to sell any products, to give suggestion on business opportunity or any other form of solicitation.
  • You may proceed further and chat with our online customer care executive only if you agree to the above terms and conditions.
  1. USER CONTENT

The information, photo, image, chat communication, text, software, data, music, sound, graphics, messages, videos or other materials transmitted, uploaded, posted, e-mailed or otherwise made available to us (“User Content“), are entirely your responsibility and we will not be held responsible, in any manner whatsoever, in connection to the User Content. You agree to not encourage or assist or engage others as well as yourself in transmitting, hosting, displaying, uploading, modifying, publishing transmitting, updating or sharing any information that

  1. belongs to another person and to which the user does not have any right to;
  2. is grossly harmful, 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, trolling, propaganda or otherwise unlawful in any manner whatever;
  3. harm minors or threatens to harm minors in any way;
  4. infringes any patent, trademark, copyright or other proprietary rights;
  5. violates any law for the time being in force;
  6. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
  7. impersonate another person;
  8. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
  9. 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.

Mirasimo shall in no way be held responsible for examining or evaluating User Content, nor does it assume any responsibility or liability for the User Content. Mirasimo does not endorse or control the User Content transmitted or posted on the webite by you and therefore, accuracy, integrity or quality of User Content is not guaranteed by Mirasimo. You understand that by using the webite, you may be exposed to User Content that is offensive, indecent or objectionable to you. Under no circumstances will Mirasimo be liable in any way for any User Content, including without limitation, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred by you as a result of the use of any User Content transmitted, uploaded, posted, e-mailed or otherwise made available via the website. You hereby waive all rights to any claims against Scentido, Mirasimo and/ or their associates for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with User Content.

You hereby acknowledge that Mirasimo has the right (but not the obligation) in its sole discretion to refuse to post or remove any User Content and further reserves the right to change, condense, or delete any User Content. Without limiting the generality of the foregoing or any other provision of these Terms of Use, Mirasimo has the right to remove any User Content that violates these Terms of Use or is otherwise objectionable and further reserves the right to refuse service and/or terminate accounts without prior notice for any users who violate these Terms of Use or infringe the rights of others.

If you wish to delete your User Content on our website or in connection with our mobile applications, please contact us by e-mail at [email protected] and request you to include the following personal information in your deletion request: first name, last name, user name/screen name (if applicable), e-mail address associated with our website and/or mobile applications, your reason for deleting the posting, and date(s) of posting(s) you wish to delete (if you have it). We may not be able to process your deletion request if you are unable to provide such information to us. Please allow up to 30 (thirty) business days (which it is clarified shall not include weekends or public holidays) to process your deletion request.

  1. INTELLECTUAL PROPERTY RIGHTS

The “SCENTIDO” name and logo and all related product and service names, design marks and slogans are the trademarks, logos or service marks (hereinafter referred to as “Marks”) of Mirasimo. All other Marks provided on the website are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this website. Access to this website does not authorize anyone to use any Marks in any manner. Marks displayed on this website, whether registered or unregistered, of Scentido, Mirasimo and/ or others, are the intellectual property of their respective owners, and Scentido, Mirasimo and/ or their associates or anyone acting on their behalf shall not be held liable in any manner whatsoever for any unlawful, unauthorized use of the Marks.

Scentido and its suppliers and licensors expressly and exclusively reserve all the intellectual property rights in all text, programs, products, processes, technology, content, software and other materials, which appear on this website, including its looks and feel. The compilation (meaning the collection, arrangement and assembly) of the content on the website is the exclusive property of Scentido and are protected by the Indian copyright laws, the trademark laws and such other laws governing intellectual property as mandated in the Republic of India, besides also international treaties. Consequently, the materials on this website shall not be copied, reproduced, duplicated, republished, downloaded, posted, transmitted, distributed or modified in whole or in part or in any other form whatsoever, except for your personal, non-commercial use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying, reproducing, duplicating, republishing, posting, transmitting, distributing or modifying.

All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips, downloads, video clips and written and other materials that are part of this website (collectively, the “Contents”) are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the website for your personal use only. We also grant you a limited, revocable, non-transferable, and non-exclusive license to create a hyperlink to the home page of the website for personal, non-commercial use only. The Contents and software on this website are to be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, re-publication, display, or performance, of the Contents on this website is strictly prohibited. Unless Mirasimo explicitly provides to the contrary, all Contents are copyrighted, trademarked, trade dressed and/or other intellectual property owned, controlled or licensed by Mirasimo, any of its affiliates or by third parties who have licensed their materials to Mirasimo and are protected by Indian law and international treaties.

  1. LIMITED LICENSE

Mirasimo grants you limited, non-exclusive, non-transferable, non-sublicensable license to access, and make personal and non-commercial use of the website. All rights not expressly granted to you in these Terms of Use, are reserved and retained by the website and its affiliates.

Mirasimo reserves the right, at any time, without notice, and at its sole discretion, to terminate your license to use the website and to block and prevent your future access the website.

  1. REPRESENTATIONS AND WARRANTIES

This website is provided to you “AS IS”. We make no representations regarding the use of or the result of the use/depiction of the Contents on the website in terms of their correctness, accuracy, reliability, or otherwise. Mirasimo shall not be liable for any loss suffered in any manner by the user as a result of depending directly or indirectly on the depiction of the Content on this website.

You acknowledge that this website is provided only on the basis set out in the Terms of Use. Your uninterrupted access or use of this website on this basis may be prevented by certain factors outside our reasonable control including, without limitation, the unavailability, inoperability or interruption of the internet or other telecommunications services or as a result of any maintenance or other service work carried out on this website.

Mirasimo shall have the right, at any time, to change or discontinue any aspect or feature of the website, including, but not limited to, content, hours of availability and equipment needed for access or use. Further, the website may discontinue disseminating any portion of information or category of information. Scentido, Mirasimo and/ or their associates or anyone acting on their behalf do not accept any responsibility and will not be liable for any loss or damage whatsoever arising out of or in connection with any ability/inability to access or to use the website.

Mirasimo through the website intends to provide its users with general information about beauty and healthcare topics and products. The website is open to the idea of its users wanting to interact with Mirasimo and its employees by asking questions that enables the user to obtain information of a general nature pertaining to beauty and healthcare topics. The postings on the website or on social networking sites, including Mirasimo and/ or Scentido’s Facebook page, or any information provided over chat or e-mails exchanged with Scentido, Mirasimo and/ or its associates, its employees or representatives (collectively referred to as “Information”) which are in furtherance of any communication made by the user with Mirasimo, its employees or representatives is based on the background provided by the user. The Information is not intended to constitute personal medical suggestion or be used for any medical diagnosis or treatment. While Mirasimo takes reasonable care to ensure that the Information is accurate, Mirasimo makes no representation and takes no responsibility for the accuracy, completeness, appropriateness or usefulness of the Information. For any specific medical conditions or issues, users are advised to seek opinion from a certified medical practitioner. In the event any user relies on the Information provided by Mirasimo or its representatives/ employees, he/she may do so at its own risk. Under no circumstances will Mirasimo, its employees, representative or affiliates be liable for the Information or the consequences of relying on such Information.

In keeping with Mirasimo’s objective of providing its users with general information about beauty and fragrance topics and products, Mirasimo engages experts having knowledge of in their respective fields (“Expert(s)“) to respond to queries posted by users. Any information provided by the Experts, either over the website, through e-mails, chat rooms or on social networking sites, including Mirasimo and/ or Scentido’s Facebook/Instagram page (collectively referred to as “Expert’s Opinion“) is based on the Expert’s personal opinion. The Expert’s Opinion is not intended to constitute personal medical suggestion or be used for any medical diagnosis or treatment. Mirasimo makes no representation and takes no responsibility for the accuracy, completeness, appropriateness or usefulness of the Expert’s Opinion. In case any user relies on such Expert’s Opinion, such user may do so at its own risk. Under no circumstances will the Scentido, Mirasimo, its employees, representative or affiliates be liable for such Expert’s Opinion or for the consequences of relying on such Expert’s Opinion.

For any general information posted on the website, users must not infer or assume that such information necessarily applies to them.

  1. DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY

THE WEBSITE IS PRESENTED “AS IS.” NEITHER WE NOR OUR HOLDING, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS OF USE OR THE WEBSITE OR ANY OF THE CONTENT, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, EXCEPT TO THE EXTENT SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE.

YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER WE NOR OUR HOLDING, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS WILL BE RESPONSIBLE OR LIABLE (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE) UNDER ANY CIRCUMSTANCES FOR ANY (a) INTERRUPTION OF BUSINESS; (b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE SITE; (c) DATA NON-DELIVERY, LOSS, THEFT, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (d) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF OFF-WEBSITE LINKS ON THE SITE; (e) VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE SITE, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY WEBSITES; (f) ANY INACCURACIES OR OMISSIONS IN CONTENT; OR (g) EVENTS BEYOND THE REASONABLE CONTROL OF SCENTIDO. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT DEFECTS OR ERRORS WILL BE CORRECTED.

FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER WE NOR OUR SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE WEBSITE OR YOUR USE THEREOF REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED.

YOU AGREE THAT NO CLAIMS OR ACTION ARISING OUT OF, OR RELATED TO, THE USE OF THE WEBSITE OR THESE TERMS OF USE MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION RELATING TO SUCH CLAIM OR ACTION AROSE. IF YOU HAVE A DISPUTE WITH US OR ARE DISSATISFIED WITH THE SITE, TERMINATION OF YOUR USE OF THE WEBSITE IS YOUR SOLE REMEDY. WE HAVE NO OTHER OBLIGATION, LIABILITY, OR RESPONSIBILITY TO YOU.

This disclaimer constitutes an essential part of this Terms of Use.

  1. LINKS AND THIRD-PARTY SITES

References on the website to any names, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to you. This does not in any way constitute or imply Scentido and/ or Mirasimo endorsement, sponsorship or recommendation of the third party, information, product or service or any association and relationship between Mirasimo and those third parties.

Mirasimo is not responsible for the content of any third-party sites and does not make any representations regarding the content or accuracy of material on such sites. If you decide to link to any such third-party websites, you do so entirely at your own risk. Mirasimo does not assume any responsibility for examining or evaluating the offerings of the off-websites pages or any other websites linked from the website. We shall not be responsible for the actions, content, products, or services of such pages and websites, including, without limitation, their privacy policies and terms and conditions. You should carefully review the terms and conditions and privacy policies of all off-website pages and other websites that you visit via the website.

  1. TERMINATION

These Terms of Use are effective unless and until terminated by either you or Mirasimo.

You may terminate the Terms of Use at any time, provided that you discontinue any further use of this website. Mirasimo may terminate the Terms of Use at any time and may do so without notice, and accordingly deny you access to the website, such termination will be without any liability to the website.

Upon any termination of the Terms of Use by either you or Mirasimo, you must promptly destroy all materials downloaded or otherwise obtained from this website, as well as all copies of such materials, whether made under the Terms of Use or otherwise. Any such termination of the Terms of Use shall not cancel your obligation to pay for the product already ordered from the website or affect any liability that may have arisen under the Terms of Use.

  1. INDEMNITY

You agree to defend, indemnify and hold harmless Scentido, Mirasimo, their employees, partners, officers, agents and their successors and assigns, their holding, subsidiaries, affiliates, partners, personnel and/ or licensors from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney’s fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to Mirasimo or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfilment of any of your obligations under the Terms of Use, or arising out of the your violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of the Terms of Use.

  1. GOVERNING LAW AND JURISDICTION

The Terms of Use and the Policies shall be construed in accordance with the applicable laws of India. For proceedings arising therein the courts of Mumbai, India shall have exclusive jurisdiction to hear any and all matters arising out of or in connection with any dispute arising out of your use of this website, to the exclusion of all other courts.

Without any prejudice to particulars listed in Clause 13 above, Mirasimo shall have the right to seek and obtain any injunctive, provisional or interim relief from any court of competent jurisdiction to protect its trade-mark or other intellectual property rights or confidential information or to preserve the status quo.

  1. WEBSITE SECURITY

You are prohibited from violating or attempting to violate the security of the website, including, without limitation,

  1. accessing data not intended for you or logging onto a server or an account which you are not authorized to access;
  2. attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
  3. attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mail bombing” or “crashing;”
  4. sending unsolicited e-mail, including promotions and/or advertising of products or services; or
  5. forging any header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability

Mirasimo is entitled to investigate occurrences that may involve such violations and may involve, and co-operate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this website or any activity being conducted on this website. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this website other than the search engine and search agents available from Mirasimo on this website and other than generally available third-party web browsers (e.g., Netscape Navigator, Microsoft Explorer) nor to indulge in any reverse engineering of the website and/ or any application created by Scentido and/ or Mirasimo.

  1. ENTIRE AGREEMENT

If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Use shall continue to be in effect. Unless otherwise specified herein, these Terms of Use constitutes the entire agreement between you and Mirasimo with respect to the website/ Platform and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written.

Mirasimo’s failure to act with respect to a breach by you or others does not waive its right to act with respect to the breach or subsequent and similar breaches.

  1. GENERAL

You acknowledge and hereby agree to these terms of use and that it constitute the complete and exclusive agreement between us concerning your use of the website, and supersede and govern all prior proposals, agreements, or other communications.

We reserve the right, in our sole discretion, to change/ alter/ modify these terms of use at any time by posting the changes on the website. Any changes are effective immediately upon posting to the website. Your continued use of the website thereafter constitutes your agreement to all such changed terms of use. We may, with or without prior notice, terminate any of the rights granted by these terms of use. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the website.

Nothing contained in these terms of use shall be construed as creating any agency, partnership, affiliation, joint venture or other form of joint enterprise between us. Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of these terms of use shall be unenforceable or invalid under any applicable law or be so held by any applicable arbitral award or court decision, such unenforceability or invalidity shall not render these terms of use unenforceable or invalid as a whole but these terms of use shall be modified, to the extent possible, by the adjudicating entity to most fully reflect the original intent of the parties as reflected in the original provision. The headings in the terms of use are for convenience only and shall not be used in its interpretation.

These Terms of Use , and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by SCENTIDO and/ or Mirasimo without restriction.

If you have any questions regarding these terms of use, please e-mail us at [email protected]

  1. CONTACT INFORMATION:

Customer Service Desk
E-mail id: [email protected]
Phone: +91 96197 14173

Contact Days: Monday to Saturday (11:00 a.m. to 6:00 p.m.)

Open chat