Terms and Conditions

PLEASE READ THIS POLICY CAREFULLY BEFORE USING THE MYMUSE PLATFORM

We at MyMuse India Private Limited having our registered office at 401/2, Athena Building, Raheja Acropolis, Deonar Village, Mumbai, Maharashtra, India - 400088 (“our”, “us”, “we”, “Company”) have developed a website available at https://www.mymuse.in/ and a blog/newsletter named “Musings” (collectively referred to as the “Platform”). We, via our Platform allow our users (“you”, “your”, “yours”) to purchase a range of simple, beautiful wellness products (“Products”). We may also offer general information on various topics related to our Products and their usage, sexual wellbeing and health, including our “Ask the sexpert” content, in various forms including blogs, newsletters, e-mails and social networking websites (“Information”).

These terms of use (“Terms”) govern how you access and use the Platform, Products and Information. Please ensure that you read these Terms carefully as they constitute a binding agreement between you and us.

Accessing, browsing or otherwise using the Platform, or clicking “I AGREE”, “SUBMIT”, or the like (if provided) indicates your acceptance, meaning that you have read, understood, and agreed to be bound by these Terms and to the collection and use of your information as set forth in our Privacy Policy, our Returns and Cancellation Policy, and any other rules or policies available on the Platform, as amended from time to time (collectively referred to as “Policies”, all of which are incorporated by reference into these Terms). In the event that the contents of any of our other Policies conflict with these Terms, these Terms shall prevail over the Policies.

We may revise these Terms as well as update the Platform from time to time. Your continued use of the Platform following any modifications to the Terms will be deemed as deemed acceptance of the modified Terms. For this reason, you should frequently review these Terms. If you do not agree with any part of these Terms, please stop using the Platform immediately.

1. Eligibility
In order to use or access the Platform, you must be competent to enter into a contract under applicable laws, this means and includes that you must be at least 18 years old to use the Platform. Your continued use of the Platform will mean that you represent and warrant to us that you are competent to enter into a valid and binding contract under applicable laws.

2. Using the Platform

2.1 Signing up to use our Platform: In order to access and use the Platform, you can either create a user account (“MyMuse Account”) or proceed as a guest user (“Guest”). To create a MyMuse Account, you must provide us your e-mail ID, which we may choose to authenticate with a one-time password. Do note that if you use the MyMuse Platform as a Guest, then you may not be able to use certain features and aspects of the Platform. For instance, you may not be able to track past orders or save address details.

2.2 Duty to be responsible: You will be responsible for maintaining confidentiality of your MyMuse Account, password, and restricting access to your computer or mobile device, and you hereby accept responsibility for all the activities that occur on your MyMuse Account. You acknowledge that the information you provide does not infringe any third party rights. You are solely responsible for any and all information and content that is uploaded via your MyMuse Account or other means of input on the Platform (including, but not limited to, form submissions).

2.3 Security Breach: If you know or have reasons to believe that the security of your MyMuse Account has been breached, you should contact our Grievance Officer immediately as per the contact information provided below in Section 17 (Grievance Officer). If we find a security breach or suspected security breach of your MyMuse Account, we may require you to change your password, and/or temporarily or permanently block your MyMuse Account without us incurring any liability.

2.4 Termination: We reserve the right to terminate your MyMuse Account and/or refuse sale of Products without prior notice if you use the Platform in contravention of these Terms, or we cease to provide the Platform, Products or other services therein. The information you provide to us shall be maintained in accordance with our Privacy Policy.

2.5 Ensure compatibility and keep updated: You must ensure that you keep updating the Platform as and when we release new versions of it. Failure to do so may make you incapable of using our Platform.

3. Limited License

3.1 We grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access, and make personal and non-commercial use of the Platform, Information and Products.

3.2 You do not have any permission to download, copy, install, reverse-engineer or use the Platform, Products or Information made available on the Platform for any other purpose without our prior written consent. All rights not expressly granted to you in these Terms, are reserved and retained by us. We reserve the right, at our sole discretion and at any time, without notice, to terminate your license to use the Platform, or Information and prevent your future access of the Platform.

4. Product Description and Use

4.1 Product Description: We strive to be as accurate as possible in the description of all our Products listed on the Platform. However, we do not warrant that the Product description, color, information or other content of the Platform is accurate, complete, reliable, current or error-free. The Platform may contain typographical errors. The pictures of the Product are indicative and may not match the actual Product. We reserve the right to correct, change or update information, errors, inaccuracies or omissions at any time without prior notice.

4.2 Use of Products: All Products available on our Platform are for your personal use only and shall not be sold, or resold or utilized for any related commercial purposes.

5. Payment

5.1 Payments for purchase of Products can be made in one of the following ways:
(i) Credit and Debit cards;
(ii) Net banking;
(iii) E - Wallets;
(iv) UPI; and
(v) Valid Gift cards issued by us.

5.2 We use a third-party service provider, PayU for effecting and processing payments made by electronic means on our Platform. The measures employed to secure such payments are the sole responsibility of this third-party service provider. For any information pertaining to the security measures implemented by your bank, UPI, credit card or E-Wallet service provider, please contact them directly. We are not responsible or liable for any of their data security practices or obligations.

5.3 Unless otherwise stated, all the Product prices are inclusive of Goods and Service tax and all other applicable taxes, duties and cesses (“Taxes”). You shall be responsible for the payment of all Taxes associated with purchases made on the Platform.

6. Shipping and Delivery

6.1 Delivery Partners: We use third party delivery partners to deliver your order to you at the address provided by you. You will be provided with details of the delivery partner and tracking details via e-mail to enable you to track your order. In case they are unable to reach your specified delivery location, they may contact you to resolve the issue.

6.2 Delivery Time: Our third-party delivery partners will deliver the Products to you in accordance with the timeline mentioned at the time of making the purchase. The delivery time for every individual order can be tracked with the details provided by our delivery partners. These dates however, may be changed by our delivery partners, upon the occurrence of force majeure events.

6.3 Shipping Charges: We provide free delivery for zip codes serviceable by our third-party delivery partner.

6.4 Inspection upon Delivery: While we will provide you with Products which are packaged in the highest quality packaging material, we would advise you to inspect the Products ordered upon delivery to ensure that they are in order.

6.5 We require you to provide accurate details, phone number and address for us to be able to deliver your order. In case you provide us with inaccurate details for delivery, we will be unable to deliver your order. The Company, delivery partners and all our affiliates will not be responsible in any manner for being unable to deliver your order due to any such inaccurate details provided by you. Additionally, if you provide us with an incorrect delivery address or misuse the Platform, then we may blacklist you and bar you from using the Platform.

7. Cancellation and Returns

7.1 You can cancel all orders placed in accordance with our Returns & Cancellation Policy.

7.2 You can raise a return or replacement request for a Product purchased on our Platform in accordance with our Returns & Cancellation Policy, incorporated by reference into these Terms.

8. Refunds
For more information on refunds, please refer to our Returns & Cancellation Policy provided on our Platform.

9. Third Party Data and Advertising

9.1 Third Party Data: We may use various third-party data, software and/or services to host the Platform and enable us to offer you our Products and Information. Although we have appropriate agreements in place with these third parties, we do not accept any liabilities that may arise from our use of/reliance on such third-party data, software or services.

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

10. Disclaimers

10.1 We may change or discontinue the Products at any time, including their pricing and availability on our Platform.

10.2 Under no circumstances will we, our directors, investors, shareholders, employees or agents be liable in contract, tort or otherwise for any direct, indirect, special or consequential loss, injury or damage including loss of revenue, loss of reputation or good will, loss of profit, computer or device failure, corrupted data, or interruption of business, arising directly or indirectly from use of the Platform or reliance on any content or information provided to you.

10.3 Subject to the maximum extent permitted by law, we shall not be responsible for any direct, indirect, special, incidental or consequential loss, injury or damages resulting from breach of any warranty, guarantee or any other condition under any other legal theory including loss of revenue, loss of profits, loss of reputation or goodwill arising from the use of the Products.

10.4 The Products available on our Platform are not medical devices or drugs/medicines. The Products do not have any medicinal/therapeutic properties or value. Please consult a doctor or a healthcare service provider if you have any queries pertaining to your health. The Information made available on the Platform or communicated through any other means, including the “Ask the sexpert” content, are for purely informational purposes only. This information is curated by us basis publicly available data and information and is general information only. The Information shall not constitute and is not intended to be professional medical advice or services. You should not consider the Information as a medical opinion. The Information is not intended to be a substitute for professional medical advice, diagnosis or treatment in any manner whatsoever. In the event that you are suffering from any medical condition or have any questions or queries thereof, always seek the advice of a physician or a qualified healthcare service provider. None of the Information should be utilised to disregard or delay seeking qualified medical advice. We do not recommend or endorse any particular medicines, drugs, doctors, opinions or other Information that may be available on the Platform. We do not make any representation or assume any responsibility for the accuracy, completeness, appropriateness or usefulness of such Information. Any reliance placed on the Information provided on our Platform is solely at your own risk. Under no circumstances will we, our directors, investors, shareholders, employees, representatives or affiliates be liable for such Information or any consequences thereof.

10.5 You understand that usage of Platform will require an active internet connection, which can be either Wi-Fi or provided by your mobile network provider. We will not be responsible for any loss in functionality if you don’t have an active internet connection or for any charges you may incur for usage of mobile data. Further, you need to ensure that your computer or mobile device has adequate charge as we will not be responsible if you run out of battery and consequently fail to access the Platform.

10.6 You agree to use the Platform at your own risk. The Platform, including any content, and any other information are provided “as is” and, to the fullest extent permitted by law, are provided without warranties of any kind, either express or implied. We do not warrant the quality of the Platform, including its uninterrupted, timely, secure or error-free provision, or continued compatibility for your use; or that the Platform will be accurate, error free, reliable, free of trojans, viruses, malware or other harmful components.

10.7 We are committed to ensuring that none of the Information or content on the Platform violates the law or infringes third-party intellectual property rights. While we preliminarily review content on the Platform, we are not an adjudicatory authority and cannot determine definitively whether any content violates the law or infringes third-party intellectual property rights. However, if you report any content to us, and if in our reasonable opinion the content so reported violates these Terms, then we will, within 36 (thirty-six) hours of making such a determination, take down such content.

10.8 The Company may use a third-party as a payment gateway. The Company disclaims any and all liability accruing to the User as a result of any fraud, misuse and/or duplicate transactions arising thereto.

10.9 The Products and Information offered by us through our Platform and other mediums should not be considered as a substitute for professional advice.

11. Intellectual Property

11.1 Our Intellectual Property: All rights, interest and title in the Products, Information and the Platform itself, its layout, trademarks, copyrights, content, information, images, illustrations, graphics, video clips, text, databases, utility models, underlying technology, firmware, software, know-how, designs, ideas, discoveries, inventions, improvements, underlying codes and algorithm, mask works, moral rights, trade secrets, database rights patent, rights of publicity, trademarks, service marks, logos and designs, data analysis, data models, data sets, formulae and processes, and any upgrades, fixes, improvements or modifications thereto (“Intellectual Property”), vests with us unconditionally and constitutes our exclusive Intellectual Property.

11.2 Prohibited use of Intellectual Property: You do not have the right to duplicate, distribute, create derivative works of, display, extract the source code of the Platform, translate the Platform, Information and content thereof, or commercially exploit our Intellectual Property directly or indirectly, without our prior written permission. In the event that you create any derivative works using our Intellectual Property without our explicit written permission then we shall have all ownership and beneficial rights in such derivative work free of charge.

11.3 Limited Rights: Purchasing our Products only grants you a limited license to use the Products for your personal use. Purchasing our Products does not grant you a right in our Intellectual Property.

12. Limitation of Liability
In no case shall we, our directors, officers, employees, affiliates, agents, contractors, or licensors be liable for any direct, indirect, incidental, punitive, special or consequential damages arising from your use of the Platform, products or information provided, including, but not limited to, any errors or omissions in any content or information, or any loss or damage of any kind incurred as a result of the use of the Platform or any content or information thereof, even if advised of their possibility. Our total aggregate monetary liability for the Products or the content or information provided on the Platform shall be limited to INR 1000 (Rupees One Thousand).

13. Indemnification
You agree to defend, indemnify and hold harmless us as well as our affiliates and their respective investors, directors, officers, employees and agents from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from: (i) your use and access to Platform, Products or Information; (ii) your violation of these Terms; (iii) your violation of any third party right; (iv) your breach of applicable laws; and (v) any unauthorized, improper, illegal or wrongful use of your MyMuse Account by any person, including by a third party, whether or not authorized or permitted by you.

14. Restrictions on Use

14.1 You take complete responsibility for any information that you upload, post, email, or otherwise make available to us on the Platform for any purpose, including but not limited to Product reviews or questions to our “Ask the sexpert” column, and we do not assume any responsibility for such information. You agree and undertake that by using the Platform that you shall not engage in or encourage or assist others to:
a) Use the Platform or any content or Information for any purpose or in any manner that is illegal or prohibited by these Terms or under any applicable laws;
b) Use the Platform for any harmful or nefarious purpose;
c) Use the Platform in order to cause any kind of damage to us in any form or manner whatsoever;
d) Spam or defraud any users of the Platform or any potential users thereof;
e) Impersonate any person or entity on the Platform;
f) Be disrespectful or unkind while interacting or communicating with any of our representatives, including without limitation, our grievance officer;
g) Use the Platform or any content or information thereof in any manner that violates or infringes anyone’s rights, including rights of publicity, privacy, copyright, trademark or other intellectual property or contractual rights;
h) Use the Platform in any manner that may amount to hate speech, threatening, sexually explicit or pornographic, incites violence, or contains nudity or graphic or gratuitous violence;
i) Use the Platform in any manner that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
j) Solicit passwords for any purpose, or personal information for commercial or unlawful purposes from other users or disseminate another person’s personal information without his or her permission;
k) Use another user’s account, or share an account with another user;
l) Create another account if we have already terminated your account, unless you have our permission;
m) Use the Platform or the content or Information thereof immediately for any commercial purposes, except as provided for under these Terms, without our written consent;
n) Copy, reproduce, duplicate, stream, capture, access through technology or means other than those provided on the Platform, perform, transfer, sell, resell, download, upload, archive, license to others, edit, modify, manipulate, create derivative works from or based upon (including, without limitation, mash-ups, montages, wallpapers, ringtones, greeting cards, T-shirts or other merchandise), publish, republish, post, transmit, publicly display, frame, link from or to, distribute, share, embed, translate, decompile, reverse engineer, incorporate into any hardware or software application, use for commercial purposes, or otherwise use or exploit the Platform and/or content or information thereof in any manner that is not permitted under these Terms;
o) Embed, re-publish, maintain and/or display any third-party websites/applications on any website or other internet location that ordinarily contains or hosts content that is unlawful, pornographic, obscene, defamatory, threatening, discriminatory, harassing, bullying, vulgar, indecent, profane, hateful, racially, culturally or ethnically offensive, or that encourages criminal conduct, or that gives rise, or potentially gives rise, to civil or criminal liability, or that violates any applicable laws, or that infringes or violates other parties’ intellectual property rights or links to infringing or unauthorized content;
p) Express or imply that any statements you make are endorsed by us.
If you do or attempt any such acts, we may terminate your use of the Platform. We may also report such actions to the appropriate law enforcement authorities and commence legal proceedings against you.

15. Term and Termination

15.1 Indefinite term until termination: These Terms will be effective until terminated by us or you. We reserve the right, at any time, to: (i) discontinue or modify any aspect of the Platform, Products and Information; and/or (ii) terminate these Terms and your use of the Platform, Products and/or Information with or without cause.
15.2 Post termination obligations: Upon termination of these Terms, you shall stop using and destroy or remove all copies of the Platform, including content and information, from all websites, applications, computers, hard drives, networks, and other storage media, and certify to us that such actions have occurred. We reserve the right to inspect or audit to confirm the foregoing.

16. Electronic Communication
You consent to receiving communications from us electronically. This shall include notifications, promotions, advertisements and other communications related to our Platform, Products, Information and other content and services. We will communicate with you by e-mail, through push notifications on your computer or mobile device, or by posting notices on the Platform. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically, satisfy any legal requirement that such communications be in writing. You agree that in case there are any changes to any information provided by you to us, including your e-mail address and other contact details, you will be solely responsible to update them regularly. If we send any communication by e-mail, it shall be sent to your e-mail address available on the records created by you on the Platform and it shall be deemed to have been received by you once it is reflected as sent in the outbox of our e-mail id.

17. Grievance Officer

17.1 If you have any complaints, grievances or questions related to the Platform, Products, Information and other content and services (“Grievances”), please contact our grievance officer in the following manner:
Name: Sahil Gupta
E-mail: support@mymuse.in

17.2 We will acknowledge all your Grievances within 48 (forty-eight) hours of you writing to us, and resolve all Grievances within 30 (thirty) days of you writing to us.

18. Survival
Sections 10 (Disclaimers), 11 (Intellectual Property), 12 (Limitation of Liability), 13 (Indemnification), 15 (Term and Termination), 17 (Grievance Officer), 18 (Survival), and 19 (General Provisions) shall survive the efflux of time and the termination of these Terms.

19. General Provisions

19.1 Modification: We reserve the right, at any time and from time to time, without prior notice to you, to modify, suspend or discontinue the Platform; and/or discontinue or modify the Products provided (in whole or in part). You agree that we shall not be liable to you or any third party for any modification, discontinuation, or suspension of the Platform and/or Products or any part thereof. If any such modification is unacceptable to you, you should immediately stop and discontinue your access and use of the Platform. Continued use of the Platform post any such modification will be deemed acceptance of any such modification.

19.2 Disputes: These Terms and any action related thereto will be governed by the laws of the Republic of India. Any disputes arising out of or related to the Terms, Platform, Products or Information (collectively, “Dispute(s)”) shall be subject to the jurisdiction of the courts located in Mumbai. Any and all Disputes shall be referred to and finally resolved by a mutually appointed sole arbitrator in accordance with the provisions for fast track arbitration provided under the Arbitration and Conciliation Act 1996, including any amendment or modification thereto. The seat and venue of arbitration shall be Mumbai. The language of the arbitration proceedings shall be English. Each party shall bear its own expenses and costs in relation to the arbitral proceedings, unless otherwise stated in the award.

19.3 Assignment: You shall not assign or transfer any right or obligation that may have accrued to you under these Terms, and any attempt to do so shall be null and void. At our sole discretion, we may assign or transfer any right or obligation that has accrued in our favour, without any restriction.

19.4 Waiver: Unless otherwise expressly stated, any delay in our exercising any rights or remedies arising out of these Terms shall not constitute a waiver of rights or remedies and no single or partial exercise of any rights or remedies hereunder, shall prevent any further exercise of rights or remedies by us.

19.5 Severability: If any of these Terms is held to be illegal or unenforceable, the validity, legality and enforceability of the remaining provisions contained herein shall not in any way be affected or impaired thereby. Any such provision held to be invalid, illegal or unenforceable shall be substituted by a provision of similar import reflecting the original intent of the parties to the extent permissible under applicable laws.

19.6 Force Majeure: We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control such as, pandemics, epidemics, acts of god, civil war, embargoes, strikes etc. This condition does not affect your statutory rights.

Contacting us
If you would like to contact us to understand more about this Policy or wish to contact us concerning any matter relating to individual rights and your Personal Information, you may send an email to support@mymuse.in

This document was last updated on March 12th, 2021.

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