TERMS AND CONDITIONS

The terms “We” / “Us” / “Our”/”Company” individually and collectively refer to DEAR WELLBEING LLP, brand name - DEARIST and the terms “Visitor” ”User” refer to the users.

This page states the Terms and Conditions under which you (Visitor) may visit the website, www.thedearist.com. Please read this page carefully. If you do not accept the Terms and Conditions stated here, we would request you to exit this site. The business, any of its business divisions and / or its subsidiaries, associate companies or subsidiaries to subsidiaries or such other investment companies (in India or abroad) reserve their respective rights to revise these Terms and Conditions at any time by updating this posting. You should visit this page periodically to re-appraise yourself of the Terms and Conditions, because they are binding on all users of the website www.thedearist,com.

 USE OF CONTENT

All logos, brands, marks headings, labels, names, signatures, numerals, shapes or any combinations thereof, appearing in this site, except as otherwise noted, are properties either owned, or used under licence, by the business and / or its associate entities who feature on the website. The use of these properties or any other content on this site, except as provided in these terms and conditions or in the site content, is strictly prohibited. You may not sell or modify the content of the website or reproduce, display, publicly perform, distribute, or otherwise use the materials in any way for any public or commercial purpose without the respective organisation’s or entity’s written permission.

ACCEPTABLE WEBSITE USE

www.thedearist.com

(A) Security Rules Visitors are prohibited from violating or attempting to violate the security of the website, including, without limitation, (1) accessing data not intended for such user or logging into a server or account which the user is not authorised 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 authorisation, (3) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus or “Trojan horse” to the Website, overloading, “flooding”, “mail bombing” or “crashing”, or (4) sending unsolicited electronic mail, including promotions and/or advertising of products or services. Violations of system or network security may result in civil or criminal liability. The business and / or its associate entities will have the right to investigate occurrences that they suspect as involving such violations and will have the right to involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

(B) General RulesVisitors may not use the website in order to transmit, distribute, store or destroy material (a) that could constitute or encourage conduct that would be considered a criminal offence or violate any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy or publicity of other personal rights of others, or (c) that is libellous, defamatory, pornographic, profane, obscene, threatening, abusive or hateful.

LIABILITY

User agrees that neither DEAR WELLBEING LLP nor its group companies, directors, officers or employee shall be liable for any direct or/and indirect or/and incidental or/and special or/and consequential or/and exemplary damages, resulting from the use or/and the inability to use the service or/and for cost of procurement of substitute goods or/and services or resulting from any goods or/and data or/and information or/and services purchased or/and obtained or/and messages received or/and transactions entered into through or/and from the service or/and resulting from unauthorized access to or/and alteration of user’s transmissions or/and data or/and arising from any other matter relating to the service, including but not limited to, damages for loss of profits or/and use or/and data or other intangible, even if DEAR WELLBEING LLP has been advised of the possibility of such damages.

User further agrees that DEAR WELLBEING LLP shall not be liable for any damages arising from interruption, suspension or termination of service, including but not limited to direct or/and indirect or/and incidental or/and special consequential or/and exemplary damages, whether such interruption or/and suspension or/and termination was justified or not, negligent or intentional, inadvertent or advertent.

User agrees that DEAR WELLBEING LLP shall not be responsible or liable to user, or anyone, for the statements or conduct of any third party of the service. In sum, in no event DEAR WELLBEING LLP’S total liability to the User for all damages or/and losses or/and causes of action exceed the amount paid by the User to DEAR WELLBEING LLP if any, that is related to the cause of action.

SHIPPING AND DELIVERY

All Products purchased from the Website shall be delivered to the User by standard courier services Pan-India. All deliveries where applicable shall be made on a best efforts basis, and while the Website will endeavour to deliver the Products on the dates intimated, the Website disclaims any claims or liabilities arising from any delay in this regard. We do not do cash on delivery (“COD”) orders. On behalf of the Seller, a nominal fee may be charged on all cash on delivery (“COD”) orders. DDW shall not be responsible for any delay in the delivery of the Products. Sometimes, delivery may take longer due to inter alia: bad weather flight delays political disruptions other unforeseen circumstances In the event any delay in delivery of a Product is expected, the Website may, at its sole discretion, intimate the User who may have purchased the same, regarding such delay. However, no refunds may be claimed by the User for any delay in delivery of the Products, which was caused due to reasons beyond the control of the Website and/or the Seller. In case a User purchases multiple Products in one transaction, the Seller(s) may deliver the same together. However, this may not always be possible and shall be subject to availability of stock with the relevant Sellers. If a User wishes to get delivery to different addresses, then the User shall be required to purchase the Products under separate transactions and provide separate delivery addresses for each transaction, as may be required. The User agrees that the delivery can be made to the person who is present at the shipping address provided by the User. DDW shall not compensate for any mental agony caused due to delay in delivery. DDW can cancel the order at any moment of time even if the delivery time exceeds the expected delivery time. If it is a prepaid order, the Users will be refunded back the price of the product in the account or payment wallet, in accordance with the options chosen by you, as soon as the order is successfully cancelled.

CANCELLATIONS, REFUNDS AND RETURNS

Please refer to our Shipping and Returns page on our website.

DISCLAIMER OF CONSEQUENTIAL DAMAGES

In no event shall DEAR WELLBEING LLP or any parties, organizations or entities associated with the corporate brand name us or otherwise, mentioned at the website DEAR WELLBEING LLP be liable for any damages whatsoever (including, without limitations, incidental and consequential damages, lost profits, or damage to computer hardware or loss of data information or business interruption) resulting from the use or inability to use the website, DEAR WELLBEING LLP and the its material, whether based on warranty, contract, tort, or any other legal theory, and whether or not, such organization or entities were advised of the possibility of such damages.

In no event shall DEAR WELLBEING LLP or any parties, organizations or entities associated with the corporate brand name us or otherwise, mentioned at the website, DEAR WELLBEING LLP, be liable for any damages whatsoever (including, without limitations, incidental and consequential damages, lost profits, or damage to computer hardware or loss of data information or business interruption) resulting from the use or inability to use the website, DEAR WELLBEING LLP and the it’s material, whether based on warranty, contract, tort, or any other legal theory, and whether or not, such organization or entities were advised of the possibility of such damages.

INDEMNIFICATION

You agree to indemnify, save, and hold DEAR WELLBEING LLP , its affiliates, employees, officers, directors and partners harmless from any and all claims, losses, damages, and liabilities, costs and expenses, including without limitation legal fees and expenses, arising out of or related to:

(i) Your use or misuse of the DEAR WELLBEING LLP Services or of the website DEAR WELLBEING LLP

(ii) any violation by You of this Agreement or the SSOID Agreement; or

(iii) any breach of the representations, warranties, and covenants made by You herein.

DEAR WELLBEING LLP reserves the right, at your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify DEAR WELLBEING LLP, including rights to settle, and You agree to cooperate with we defense and settlement of these claims. We will use reasonable efforts to notify You of any claim, action, or proceeding brought by a third party that is subject to the foregoing indemnification upon becoming aware of it. This paragraph shall survive termination of this Agreement.

GOVERNING LAWS AND FORUM FOR DISPUTES

Subject to the Dispute Resolution section above, You agree that any claim or dispute you may have against DEAR WELLBEING LLP, must be resolved by a court having jurisdiction in Mumbai, India. You agree to submit to the personal jurisdiction of the courts located within Mumbai, India, for the purpose of litigating all such claims or disputes. This Agreement shall be governed by Indian law. This paragraph shall survive termination of this Agreement.