By using Our Web Site in any way or by buying from us, you agree to be bound by following terms and conditions.

 

We are: Biotek India
Our address is: 919/2, 1^st and 2^nd Floor, G.I.D.C. Makarpura, Vadodara 390010, Gujarat, India.

 

You are: Visitor to Our Web Site / our customer/ Our Independent Business Owner of Mermaid

 

These "Terms and Conditions of Use of Website and Sale" constitutes an electronic record within the meaning of the applicable law. This electronic record is generated by a computer system and does not require any physical or digital signatures.

 

 

1. Parties shall refer to mean You and Biotek jointly and collectively.
2. “Our Web Site/This Website” means the entire computing hardware and software installation that is or supports Our Web Site i.e. https://mermaidforbeauty.store/.
3. “Goods” means any of the Goods we offer for sale on our web site
4. “Content” means information in any form published on Our Web Site by us or any third party with our consent.

 

 

1. The parties hereto agree and confirm that You shall be responsible for and entirely liable for maintaining the integrity and confidentiality of Your IBOM account and password and for restricting access to your computer to prevent unauthorized access to your account.
2. You agree and confirm that You totally accept responsibility for all activities that occurs or may occur under your IBOM account or password. Further You agree and confirm that You shall take all necessary and requisite steps to ensure that the password is kept confidential and secure and shall inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorized manner.
3. Further You shall be responsible and liable for ensuring that the details You have provided with us are correct and complete and inform us immediately of any changes to the information that you provided when registering. You can access and update much of the information you provided us with in the Your IBOM Account portion of the website.
4. Biotek reserves the right to refuse access to this, terminate IBOM accounts/membership, remove or edit content at any time without any obligation to provide and serve notice to you.

 

Privacy and Cookies Policy may be referred to by You for the purposes of getting an insight into the mode, manner, form and style of managing, collecting and using the information Biotek may collect while you use and access this website. By using the Site, you agree, consent and accept to the collection and usage of information in accordance with Privacy and Cookies policy and shall adhere to it at all times. If you object to your information being transferred or used, please do not use this website.

The availability and access of the website is of cardinal and utmost importance to us and therefore subject to the terms hereof we do maintain the maximum measures to secure the access, protect the data and transmission of this website error-free but notwithstanding aforesaid no method of sharing/ giving the data, information or transmission thereof over the Internet, or method of electronic storage, is 100% secure. Biotek India cannot guarantee its absolute your access to the website which may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services at any time without prior notice in view of the nature and means of storage and usage of data and the it’s integrated privity with the Information Technology. We will attempt to limit the frequency and duration of any such suspension or restriction.

 

5. License for website access:

 

• The parties hereto agree and confirms that subject to your compliance with these Terms and Conditions of Use and payment of applicable fees, if any, Biotek India grants and confer you a limited license to access and make personal use of this website, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Biotek India and / or its affiliates, as may be applicable save and except the license herein which does not include any resale or commercial use of this website or its contents, any collection and use of any product listings, descriptions, or prices; any derivative use of this website or its contents; any downloading or copying of account information for the benefit of another seller; or any use of data mining, robots, or similar data gathering and extraction tools.
• The parties hereto agree and confirms that this website or any portion of this website (including but not limited to any copyrighted material, trademarks, or other proprietary information) may not be reproduced, duplicated, copied, sold, resold, visited, distributed or otherwise exploited for any commercial purpose without express written consent of Biotek India and / or its affiliates, as may be applicable.

1. The parties hereto agree and confirms that You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Biotek India and its affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing Biotek India or its affiliates' names or trademarks without the express written consent of Biotek India and / or its affiliates, as applicable. Any unauthorized use terminates the permission or license granted by Biotek India and / or its affiliates, as applicable.
2. The parties hereto agree and confirms that You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the Welcome page of Biotek India as long as the link does not portray Biotek India, Mermaid, their affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Biotek India/ Mermaid logo or other proprietary graphic or trademark as part of the link without express written consent of Biotek India and / or its affiliates, as may be applicable.

 

6. Communications and Your Conduct:
   
   We may use your Personal Information to contact you with newsletters, marketing or promotional materials and other information as the case may be. The parties hereto agree and confirms that You shall not use the website in any way that causes, or is likely to cause, the website or access to it to be interrupted, damaged or impaired in any way You understand that you, and not Biotek and or its affiliates, are responsible for all electronic communications and content sent from your computer to us and you must use the website for lawful purposes only. You must not use the website for any of the following:

• for fraudulent purposes, or in connection with a criminal offense or other unlawful activity;
• to send, use or reuse any material that does not belong to you; or is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libelous, obscene, pornographic, pedophilic or menacing; ethnically objectionable, disparaging or in breach of copyright, trademark, confidentiality, privacy or any other proprietary information or right; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of India or friendly relations with foreign States; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any "spam
• to cause annoyance, inconvenience or needless anxiety;

7. Reviews, comments, communications and other content:
8. Users of this website may post reviews, comments and other content; send communications; and submit suggestions, ideas, comments, questions, or other information, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." In the event a user uses a false e-mail address, impersonates any person or entity, or otherwise misleads as to the origin of any content. Biotek India reserves the right (but not the obligation) to remove, refuse, delete or edit any content that in the sole judgement and discretion of Biotek India violates these Conditions of use and, or terminate your permission to access or use this website.
9. Further the parties hereto agree and confirm that when you post content, data, information or submit material, and unless we indicate otherwise, you

 

1. Confer and grant upon Biotek India and or its affiliates as confirmed a non-exclusive, royalty-free, irrevocable, perpetual and fully sub licensable rights to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media; and
2. Biotek India and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose.

You agree that the rights you grant above are irrevocable during the entire period of protection of your intellectual property rights associated with such content and material. You agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content. You agree to perform all further acts necessary to perfect any of the above rights granted by you to Biotek India, including the execution of deeds and documents, at its request.

You represent and warrant that you own or otherwise control all of the rights to the content that you post or that you otherwise provide on or through the website; that, as at the date that the content or material is submitted to Biotek India: (I) the content and material is accurate; (ii) use of the content and material you supply does not breach any applicable Biotek India/this website’s policies or guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory); (iii) the content is lawful. You agree to indemnify Biotek India and its affiliates for all claims brought by a third party against it or its affiliates arising out of or in connection with a breach of any of these warranties.

 

8. Copyright, authors' rights and database rights:
9. The parties hereto agrees and confirms that all the content, information, data, included on the website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Biotek India, its affiliates or its content suppliers and is protected by India and international copyright, authors' rights and database right laws. The compilation of all content on this website is the exclusive property of Biotek India and its affiliates and is protected by laws of India and international copyright and database right laws. All software used on this website is the property of Biotek India, its affiliates or its software suppliers and is protected by India and international copyright and author' rights laws.
10. You may not systematically extract/ or re-utilize parts of the contents of the website without Biotek India and / or its affiliate's (as may be applicable) express written consent. In particular, you may not utilize any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilization of any substantial parts of this website, without Biotek India and / or its affiliate's (as may be applicable) express written consent.
11. Disclaimer:

You agree and confirm that you are accessing the services on the website and transacting at your own risk and are using your best and prudent judgment before entering into any transactions through the website.

The parties further agrees and confirm that Biotek expressly disclaims any warranties or representations (express or implied) in respect of any claims, representations made by IBOM quality, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability, fitness for a particular purpose, or legality of the products listed or displayed or transacted or the content (including product or pricing information and/or specifications) on the website save and except those written on the package of the products of Biotek and further that Biotek have taken precautions to avoid inaccuracies in content, this website, all content, information (including the price of products), software, products, services and related graphics are provided as is, without warranty of any kind and the Biotek shall neither be liable nor responsible for any actions or inactions therefrom.

 

10. Use of this website is available only to persons who can form a legally binding contract under the Indian Contract Act, 1872. If you are a minor i.e. under the age of 18 years, you may use this website only with the involvement of a parent or guardian, at your or such guardian's / parent's own risks and costs.

 

11. We reserve the right to update, vary, modify, change our Condition of Sale at any time and you should check this Conditions of Sale periodically as and when you access the site. Your continued use of the Service after we post any modifications to the Conditions of Sale on this site shall constitute and deemed to mean your acknowledgment, consent, agreement of the modifications, amendments, variations, modifications and your consent to abide and be bound by the modified Conditions of Sale.

12. Prohibition on Use of Intellectual Property Rights of Biotek:

The parties hereto agrees and confirms that the sole and exclusive owner and user of all the intellectual property rights being printed, published, used and or discovered/developed by either party during the subsistence of this agreement, which may include not limiting to Trade names, Device Marks, Trademarks, Logos and all other Intellectual Property Rights shall solely vests in Biotek with no interest, rights, entitlements, claim of You.

1. You shall not produce or procure from a source other than Biotek/Mermaid any item bearing the name, logo or other intellectual property rights subsisting in favour of Biotek/Mermaid or any of its trademarks or trade names. The use of their own trademark, trade name or logo by Bloggers on any Biotek/Mermaid packaging, product or other material by posting or otherwise, whether along with Biotek's/Mermaid's trademark, trade name or logo or without it, is strictly prohibited. No Mermaid product shall be repackaged by you in a packaging other than that of Mermaid.
2. You or any other person acting for and or on your behalf shall not reproduce in whole or part any printed material, audio cassettes, video and film, recording that have been produced by Biotek in respect of Mermaid unless without written authorization to do so by Biotek. The aforesaid materials protected by copyright whether registered or unregistered and are considered proprietary to Biotek.

 

 

 

13. Indemnity:

You agree and confirm to indemnify Biotek against any claim or demand, including complete and total lawyers’ fees, made by any third party due to or arising in any way out of your use of our Web Site, or the infringement by you, or by any other person using your computer, of any intellectual property or other right of any person or any other liability emerging on account of breach of this agreement.

14. Severability:

1. To the extent that anything in or associated with the Site or the agreement is in conflict or inconsistent with this Condition of use, terms & condition, privacy policy or such other policy, this agreement shall take precedence;
2. Should any part of this terms and condition be held invalid or unenforceable, that portion shall be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties and the remaining portions shall remain in full force and effect;
3. Failure of Biotek to enforce any provision of this agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.

15. Force Majeure:

Biotek shall not be liable for any breach of its obligations resulting from causes beyond their reasonable control including strikes of their own employees, Riots, natural calamities and flood.

16. Governing Law:

This agreement shall be governed by and construed in accordance with the laws of Republic of India and the courts of Vadodara, Gujarat shall have the exclusive jurisdiction in this regard. This is the entire agreement between the parties relating to the matters contained herein.

 

 

 

• Terms and Conditions of Sale

1. Conditions of Sale:

This section deals with conditions relating to the sale of products on the website by us to you.

2. Definitions:

1. Parties shall refer to mean You and Biotek jointly and collectively.
2. “Carrier/Third Party Shipper” means any person or business contracted by us to carry Goods from us or for on behalf to You or address notified by You, whether for entire delivery or part of the distance.
3. “Our Web Site/This Website” means the entire computing hardware and software installation that is or supports Our Web Site.
4. “Goods” means any of the Goods we offer for sale on our web site
5. “Content” means information in any form published on Our Web Site by us or any third party with our consent.
6. "Maximum Retail Price/MRP" means the price being printed on the goods by Biotek exceeding which the goods shall not be sold to retail customers as per the statutory provisions existing in India, by whatever name called, in various other territories or region.

 

3. Nature of Contractual Privity:
4. It is agreed by and between the parties that the products placed upon this website are mere offer for sale and that the order You place with Biotek by using this site shall be an actual offer to buy the product(s) as provided in your order.
5. Further when You place an order to purchase a product from Biotek from this site, you shall receive an e-mail confirming receipt of your order and containing the details of your order (the "Offer/Order Confirmation E-mail").
6. The Offer/Order Confirmation E-mail is acknowledgement that Biotek have received your order which in now way confirms or conveys the acceptance of your offer to buy the product(s) ordered.

1. The Contract for Sale of Products as is ordered/offered to be purchased by You shall be concluded and formed into contractual privity when the product/s is dispatched to you and an e-mail confirmation is sent to you that the product has been dispatched to you (the "Acceptance/Dispatch Confirmation E-mail"). Further, if your order is dispatched in more than one shipment, you may receive a separate Acceptance/Dispatch Confirmation E-mail for each Shipment, and each Acceptance/Dispatch Confirmation E-mail and corresponding dispatch will conclude a separate contract of sale between you and Biotek for the product(s) specified in that Acceptance/Dispatch Confirmation E-mail.

 

4. Sales to You shall be subject to following terms and condition:

Biotek shall effectuate the Sale of the Products from this site subject to following terms and conditions:

 

• These terms and conditions shall apply:

1. so far as the context allows, to you as a visitor to Our Web Site .
2. in any event to you as a buyer or prospective buyer of our Goods offered for sale on this website.

• Goods advertised, marketed and offered to sale may not be available.

1. We shall confirm your order by e-mail. Our message will also confirm details of your purchase and tell you when we shall dispatch your order. That is when our contract is made.
2. We may change, vary, modify and or amended these terms from time to time. The terms that apply to you are those posted here on Our Web Site on the day you order Goods.
3. All descriptions, weights and sizes of Goods may vary then those represented on this website and you may not rely on their accuracy.
4. If we do not have the Goods you order in stock, we may offer you alternatives before we may dispatch your order. If this happens you may:
   1. cancel your order in entirety and be eligible to claim for refund.
   2. place the order valid by intimating to us for omit the out-of-stock products.

• In eventuality of cancelation of entire or part order as is listed in clause 2 (F) herein above (for this or any other reason), the refund shall be processed as per the Shipping, Return and Refund Policy existing at the time of refund for the Goods.

1. All goods purchased from this site are sold pursuant to a shipment terms. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier. You are solely responsible for providing us with accurate shipping information. If your order gets lost due to an inaccuracy on your part, we shall not be held liable and shall not refund any charges.

 

5. Shipping, Returns and Refunds:

The Shipping Returns and Refunds policy may be reviewed by You for the said Purposes which shall be applicable to the Sale of Products as in made by Biotek to You.

 

6. Pricing, Taxes and Estimation of Availability of Stock:

• Biotek tries and endeavors to list availability estimates for products stock offered to be sold by on the website, including on each product information page. However such estimates cannot be accurate at all times and therefore the parties hereto agree and confirm that availability of products and dispatch estimates not guaranteed dispatch times and should not be relied upon as such and Biotek shall process your order, you shall be informed by e-mail, if any products you order turn out to be unavailable even after placing of the Order.

 

1. All prices as are depicted on this site are inclusive of VAT/CST, service tax, Goods and Services Tax ("GST"), duties and cesses as applicable, unless stated otherwise.

7. Health and Safety Directive:

The product offered, sold/purchased being product/goods by virtue of its contents, ingredients, contains and its correlation with the composition of each person’s body/prakriti and their physique /structure and the co-extensive correlation with the nature / type of the consumption of food and consequential response, reaction / results upon application / consumption of the product, differs and / or likely to differ on account of the above varying factors, therefore no unqualified or unconditional guarantee of the result and efficacy of the product/cosmetics is given and further notified to use, administer and consume the product on the basis of aforesaid information and that further in extension to aforesaid you may use and administer the application of the products/goods on your body only after consultations with your physician/medical expert and the Biotek shall not be liable to any side-effects and or damaging effects occurring in your body or the area of application by usage of the products on the basis of the aforesaid information. 

8. No Liability for Damages and Losses:

In no event Biotek shall be liable for any loss or damage including without limitation, indirect or consequential loss/es or damage/s, or any loss/es or damage/s whatsoever arising from loss of data, information, content, software’s or revenue, business, profits arising out of, or in connection with products/services purchased/availed of, from this website.

9. Information you Give us:

• You agree that you have provided, and shall continue to provide accurate, up to date, and complete information about yourself. We need this information to provide you with the Goods as ordered/purchased by You.
• We shall use our reasonable endeavors to respond to any point of dissatisfaction by you, provided you contact us within 7 days of receipt of your goods.

1. When you visit/access this website, you are communicating with us electronically. You shall be required to provide a valid phone number while placing an order with us. We may communicate with you by e-mail, SMS, phone call or by posting notices on the website or by any other mode of communication. For contractual purposes, you consent to receive communications including SMS, e-mails or phone calls from us with respect to your order

 

10. System Security:
    

• You agree and confirm that you shall not, and or shall not allow any other person to, violate or attempt to violate the security of the Installation;
• You agree that you shall in no way modify, reverse engineer, disassemble, decompile, copy, unintended effect to any portion of Our Web Site, or any software used on Our Web Site, and that you will not permit any other person to do so

1. You understand that any such violation is unlawful in many jurisdictions and that any contravention of law may result in criminal prosecution.

 

 

11. Use of this website is available only to persons who can form a legally binding contract under the Indian Contract Act, 1872. If you are a minor i.e. under the age of 18 years, you may use this website only with the involvement of a parent or guardian, at your or such guardian's / parent's own risks and costs.

 

12. We reserve the right to update, vary, modify, change our Condition of Sale at any time and you should check this Conditions of Sale periodically as and when you access the site. Your continued use of the Service after we post any modifications to the Conditions of Sale on this site shall constitute and deemed to mean your acknowledgment, consent, agreement of the modifications, amendments, variations, modifications and your consent to abide and be bound by the modified Conditions of Sale.

 

13. Prohibition on Use of Intellectual Property Rights of Biotek:

The parties hereto agrees and confirms that the sole and exclusive owner and user of all the intellectual property rights being printed, published, used and or discovered/developed by either party during the subsistence of this agreement, which may include not limiting to Trade names, Device Marks, Trademarks, Logos and all other Intellectual Property Rights shall solely vests in Biotek with no interest, rights, entitlements, claim of You.

1. You shall not produce or procure from a source other than Biotek/Mermaid any item bearing the name, logo or other intellectual property rights subsisting in favour of Biotek/Mermaid or any of its trademarks or trade names. The use of their own trademark, trade name or logo by Bloggers on any Biotek/Mermaid packaging, product or other material by posting or otherwise, whether along with Biotek's/Mermaid's trademark, trade name or logo or without it, is strictly prohibited. No Mermaid product shall be repackaged by you in a packaging other than that of Mermaid.
2. You or any other person acting for and or on your behalf shall not reproduce in whole or part any printed material, audio cassettes, video and film, recording that have been produced by Biotek in respect of Mermaid unless without written authorization to do so by Biotek. The aforesaid materials protected by copyright whether registered or unregistered and are considered proprietary to Biotek.

 

14. Indemnity:

You agree and confirm to indemnify Biotek against any claim or demand, including complete and total lawyers’ fees, made by any third party due to or arising in any way out of your use of our Web Site, or the infringement by you, or by any other person using your computer, of any intellectual property or other right of any person or any other liability emerging on account of breach of this agreement.

15. Severability:

1. To the extent that anything in or associated with the Site or the agreement is in conflict or inconsistent with this Condition of use, terms & condition, privacy policy or such other policy, this agreement shall take precedence;
2. Should any part of this terms and condition be held invalid or unenforceable, that portion shall be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties and the remaining portions shall remain in full force and effect;
3. Failure of Biotek to enforce any provision of this agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.

16. Force Majeure:

Biotek shall not be liable for any breach of its obligations resulting from causes beyond their reasonable control including strikes of their own employees, Riots, natural calamities and flood.

17. Governing Law:

This agreement shall be governed by and construed in accordance with the laws of Republic of India and the courts of Vadodara, Gujarat shall have the exclusive jurisdiction in this regard. This is the entire agreement between the parties relating to the matters contained herein.