USE OF THE PLATFORM
Welcome to www.miresi.in ("Site"). The website www.miresi.in is owned and operated by Yana Industries LLP. ("Yana"), a company incorporated under the section 58(1) of the LLP Act, 2008 with its registered office at No.375, 8th Main, J.P.Nagar 3rd Phase, Bangalore - 560078.
This Site is directed to be used by adults only. We assume that any minor, if at all, accessing our Site is under the supervision of their guardian(s). Yana 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 take place under your account and password.
If you know or have reasons to believe that the security of your account has been breached, you should contact us immediately at 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 Yana.
You acknowledge that the information you provide, in any manner whatsoever, is not confidential or proprietary and does not infringe any rights of a third party in whatsoever nature.
Yana attempts to be as accurate as possible in the description of the product on the Site. However, Yana does not warrant that the product description, colour, information, or other content of the Site is accurate, complete, reliable, current, or error-free. The Site 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.
Yana 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.
The products offered on the Site are for your personal use. The products that are supplied by us must not be re-sold, except when otherwise agreed to in writing.
In case any product supplied by us causes an adverse reaction or side effect or does not suit you, we request you to immediately stop consuming the same and consult a doctor. Though we stand by the quality of our products, you must also bring any complaint with respect to the product to the notice of Yana as soon as possible by contacting us at the coordinates mentioned under [https://miresi.in/] so that we can investigate the product at our end. We strongly urge you to read the product description, warning, and individual terms and conditions in relation to the products before ordering it, and use it under the direction or supervision of an appropriately qualified professional only.
Any recommendation made to you in the Site by Yana or any of its associates and partners during the course of your use of the Site is purely for informational purposes and should not be construed to be “medical advice.” We urge you to make an informed purchase decision by consulting an appropriately qualified professional.
PRODUCT PRICING AND AVAILABILITY
Prices and availability of the products and services provided or offered on the Site are subject to change without prior notice and at the sole discretion of Yana. Yana may revise and cease to make available any product at any time. In the event, Yana is unable to deliver the product to you on time or at all, you will be notified by an email or a telephonic call, 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. Yana shall not be liable to pay for any damages in such an event owing to cancellation of the order or delay in delivery.
RETURNS AND EXCHANGE POLICY
Please refer to our Returns and Exchange Policy [https://miresi.in/] provided on our Site.
MODE OF PAYMENT
Payments for the products available on the Site may be made in the following ways:
- Payments can be made by Credit Cards, Debit Cards, Net Banking, Wallets, e-Gift cards, and reward points.
- Credit card, Debit Card and Net Banking payment options are instant payment options and recommended to ensure faster processing of your order.
- Cash on Delivery option is not available for orders outside India.
Yana will not be liable for any type or kind of credit card fraud. The liability to use a card fraudulently will be on the user and the onus to “prove otherwise” shall be exclusively on the user. The User must exclusively use his/her own card on the site.
SHIPPING AND DELIVERY
Please refer to our Shipping Policy [https://miresi.in/] provided on our Site, as amended from time to time.
The information, photo, image, chat communication, text, software, data, music, sound, graphics, messages, videos, or other materials transmitted, uploaded, posted, emailed, 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
- belongs to another person and to which the user does not have any right to;
- is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libelous, 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 whatsoever;
- harm minors in any way;
- 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 that is grossly offensive or menacing in nature;
- impersonates another person;
- contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer resource;
- 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.
Yana 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. Yana does not endorse or control the User Content transmitted or posted on the Site by you and therefore, accuracy, integrity, or quality of User Content is not guaranteed by Yana.
We make no warranties about User Content posted by third parties, and by accessing or using the Site, you accept you could be exposed to User Content that is offensive, indecent, or objectionable to you. Yana shall not 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, emailed, or otherwise made available via the Site.
You hereby waive all rights to any claims against Yana 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 Yana 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 and Conditions, Yana has the right to remove any User Content that violates these Terms and Conditions 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 and Conditions or infringe the rights of others.
If you wish to delete your User Content on our Site, please contact us by email at [email@example.com]. We request you to include the following personal information in your deletion request: first name, last name, user name/screen name (if applicable), email address associated with our Site 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 business days to process your deletion request.
INTELLECTUAL PROPERTY RIGHTS
“Yana Industries” and "Miresi" 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 Yana. All other Marks provided on the Site are the property of their respective companies. No trademark or service mark licence is granted in connection with the materials contained on this Site. Access to this Site does not authorise anyone to use any Marks in any manner. Marks displayed on this Site, whether registered or unregistered, of Yana or others, are the intellectual property of their respective owners, and Yana shall not be held liable in any manner whatsoever for any unlawful, unauthorised use of the Marks.
Yana 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 Site, including its look and feel. The compilation (meaning the collection, arrangement, and assembly) of the content on the Site is the exclusive property of Yana and is protected by Indian copyright laws and International treaties. Consequently, the materials on this Site 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 material, including images, text, illustrations, designs, icons, photographs, programs, music clips, downloads, video clips, and written and other materials that are part of this Site (collectively, the "Contents ") is intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable material displayed on the Site for your personal, noncommercial use only. We also grant you a limited, revocable, non-transferable, and non-exclusive licence to create a hyperlink to the homepage of the Site for personal, non-commercial use only. The Contents and software on this Site 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 Site is strictly prohibited. Unless Yana explicitly provides to the contrary, all Contents are copyrighted, trademarked, trade dressed and/or other intellectual property owned, controlled or licensed by Yana, any of its affiliates, or by third parties who have licensed their materials to Yana and are protected by Indian copyright laws and international treaties.
Yana reserves the right, at any time, without notice, and at its sole discretion, to terminate your licence to use the Site and to block and prevent your future access to the Site.
REPRESENTATIONS AND WARRANTIES
This Site 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 Site in terms of their correctness, accuracy, reliability, or otherwise. Yana 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 Site.
Yana shall have the right, at any time, to change or discontinue any aspect or feature of the Site, including, but not limited to, content, hours of availability, and equipment needed for access or use. Further, the Site may discontinue disseminating any portion of information or category of information. Yana does 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 Site.
Yana, through the Site, intends to provide its users with general information about beauty and healthcare topics and products. The Site encourages its users to interact with Yana and its employees by asking questions that enable the user to obtain information of a general nature pertaining to beauty and healthcare topics. The postings on the Site or on social networking sites, including the Site’s Facebook page, or any information provided over chat or emails exchanged with Yana, its employees, or representatives (collectively referred to as "Information "), which are in furtherance of any communication made by the user with Yana, 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 Yana takes reasonable care to ensure that the Information is accurate, Yana 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 Yana or its representatives/employees, he/she may do so at his/her own risk. Under no circumstances will Yana, its employees, representatives, or affiliates be liable for the Information or the consequences of relying on such Information.
For any general information posted on the Site, users must not infer or assume that such information necessarily applies to them.
DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY
THE SITE 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 AND CONDITIONS OR THE SITE 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) LOSS OR HARM ARISING OUT OF OUR PRODUCTS WHICH LOSS OR DAMAGE CANNOT DIRECTLY AND SOLELY BE ATTRIBUTABLE TO OUR NEGLIGENCE; OR (h) EVENTS BEYOND THE REASONABLE CONTROL OF YANA. 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 SITE 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.
LINKS AND THIRD-PARTY SITES
References on the Site 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 Yana endorsement, sponsorship, or recommendation of the third party, information, product, or service or any association and relationship between Yana and those third parties.
Yana 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 or quality or sufficiency of services provided on such sites. If you decide to link to any such third-party websites, you do so entirely at your own risk. Yana does not assume any responsibility for examining or evaluating the offerings of the off-websites pages or any other websites linked from the Site. 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 Site.
GOVERNING LAW AND JURISDICTION
Without any prejudice to the clause above, Yana shall have the right to seek and obtain any injunctive, provisional, or interim relief from any court of competent jurisdiction to protect its trademark or other intellectual property rights or confidential information or to preserve the status quo pending arbitration.
For disputes relating to orders outside India, international arbitration rules of Indian Arbitration and Conciliation Act 1996 shall apply. The seat and venue of international arbitration shall be Bangalore.
You are prohibited from violating or attempting to violate the security of the Site, including, without limitation,
- accessing data not intended for you or logging onto a server or an account, which you are not authorised to access;
- attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation;
- 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;"
- sending unsolicited email, including promotions and/or advertising of products or services; or
- forging any header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability.
Yana 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 Site or any activity being conducted on this Site. 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 Site other than the search engine and search agents available from Yana on this Site.
Yana'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.
You acknowledge and hereby agree to these Terms and Conditions and that it constitutes the complete and exclusive agreement between us concerning your use of the Site, and supersedes and governs all prior proposals, agreements, or other communications.
We reserve the right, at our sole discretion, to change/alter/modify these Terms and Conditions at any time by posting the changes on the Site. Any changes are effective immediately upon posting to the Site. Your continued use of the Site thereafter constitutes your agreement to all such changed Terms and Conditions. We may, with or without prior notice, terminate any of the rights granted by these Terms and Conditions. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Site.
Nothing contained in these Terms and Conditions 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 and Conditions 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 and Conditions unenforceable or invalid as a whole but these Terms and Conditions 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 and Conditions are for convenience only and shall not be used in its interpretation.