Terms of Service
This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
The domain name www.mymolarbear.com (hereinafter referred to as “Website”) is owned by Empressly Beauty Products Pvt. Ltd. a company incorporated under the Companies Act, 1956 with its registered office at B-193, 1st Floor, Lok Vihar Pitampura, New Delhi - 110034 (hereinafter referred to as “The Molar Bear” which is Trade Mark ).
If you need to contact a The Molar Bear representative please fill out the form on our ‘Contact’ section of our website otherwise contact us on firstname.lastname@example.org.
Use of the Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Website. If you are a minor i.e. under the age of 18 years, you shall not register as a User of the The Molar Bear website and shall not transact on or use the website. As a minor if you wish to use or transact on website, such use or transaction may be made by your legal guardian or parents on the Website. The Molar Bear reserves the right to terminate your membership and / or refuse to provide you with access to the Website if it is brought to our notice or if it is discovered that you are under the age of 18 years.
- By accessing our website, you must comply with these Terms. If we consider that you are not complying with these requirements, we may take any action that we are legally entitled to take, which includes (without limitation) deleting or suspending any account that you may have with us.
- The information provided on the website is general in nature and does not take into account your specific needs or circumstances. If you choose to rely on the information provided on the website, you do so entirely at your own risk. In order to assist you in determining whether our products are right for you, you should seek advice from an appropriately qualified professional.
- By registering an account to purchase products from us, you:
- warrant and represent that you are authorised and legally permitted to register an account with us;
- confirm that you’ve read and understood all the information in these Terms and that you agree to act in accordance with them;
- Accept that it’s your responsibility to ensure that the personal information you provide to us is kept current. Any changes to your name, address, email address, phone numbers, payment options or banking details should be sent to us as soon as practicable;
- Agree to maintain a current email address and phone number by which you can be contacted for the period in which you maintain an account with us, and through which we may communicate formally with you.
- You acknowledge that you may have your account terminated or suspended if we determine that any of the above statements are untrue, or you are otherwise in breach of these terms and conditions.
Use of our Website
You agree that you will not upload or post any of the following content (Prohibited Content) anywhere on our website like:
- Confidential information or other information that you do not have the right to disclose (whether under contractual obligation or otherwise);
- Content that may be misleading or deceptive;
- Defamatory statements that may harm our reputation;
- Advertising, marketing or promotional material, or other unauthorized commercial communications (such as spam);
- Content which you do not have the right to upload, post, email or otherwise transmit, such as content which is protected by copyright, patent, trade mark, service mark or any other proprietary right (unless you have express, written permission from the owner and, where applicable, include appropriate acknowledgement);
- Material which contains a virus or other harmful (or potentially harmful) code;
- Content that defames, harasses, bullies or threatens others (this includes language which is lewd, aggressive, insulting, racist, sexually explicit, threatens bodily harm or death, general serious threat, planting statements to provoke third party stalking harassment);
- Content that discusses illegal activities, with the intent to commit (or encourage others to commit) such illegal activities;
- Content that contains obscene or offensive language or images (such as pornography or nudity);
- Content that is unlawful; or
- Content that is otherwise harmful (or potentially harmful) to us or other users.
- Not collect the personal information of other users in any way;
- Not send unsolicited messages to other users;
- Not impersonate another person or organization;
- Notify us immediately of any unauthorized use of your account or any purported breach intellectual property rights.
- We reserve the right to remove any content (not only Prohibited Content) from our website in our absolute sole discretion, but are not required to do so. If we do remove content you have posted, we may not notify you that we have done so. You acknowledge that we do not screen or moderate all content posted to the website by users and therefore cannot guarantee the prompt removal of any Prohibited Content.
- The website may be subject to interruptions or outages from time to time. If this occurs, we will use our best endeavors to minimize the interruption or outage period. We do not accept any liability for any loss, damages or expenses that may be incurred by you as a consequence of any such interruption or outage occurring.
Prices, Payment and Product Availability
Once an order has been made, you must pay the price stated on our website as being the purchase price for the relevant products (subject to the below paragraphs). It is your responsibility to confirm what is in your cart prior to making a purchase. We do not provide refunds for products that are mistakenly purchased. Payment may only be made in the methods provided on our website. We will not ship/Deliver any ordered products until payment for those products have been received. Unless otherwise stated, the price of our products does not include shipping and handling costs.
By placing an order with us, you warrant and represent to us that:
- You understand the nature and effect of these Terms and agree to be bound by them;
- You are authorized and legally permitted to purchase the products being ordered;
- You are authorized and legally permitted to effect payment for the products being ordered using the payment method selected;
- The information provided to us in connection with your purchase is accurate and complete.
You agree to indemnify us against any and all expenses, losses, damages or costs that we may sustain or incur in connection with any breach by you of the above warranties.
The Molar Bear will attempt to make the product and quantities advertised on this site available at all times. However this cannot always be guaranteed. We do not make any warranties with respect to the availability of its products and will not be liable for any products that are not available at the time of your checkout. The customer will be notified as soon as is reasonably possible when this occurs and advised on what to do to solve this problem. With the exception of those products purchased on a subscription basis, our prices are subject to change without notice.
The Molar Bear reserves the right to refuse or terminate/cancel orders when there has been website malfunction or error such as technical difficulty, an incorrect price has been displayed, your billing or shipping information is incorrect, we have grounds to believe that you are not authorized or legally permitted to make the relevant purchase, we have grounds to believe that you have breached these Terms or any force major events have occurred.
Notification to the customer will be facilitated immediately after this has been notified to us and any payment already received from the customer will be refunded.
We may, from time to time, run promotions where certain products, or a combination of products, are offered for sale at a discounted price.
All promotions are subject to availability and while stocks last.
Any products purchased outside of the advertised time frame set out by The Molar Bear will not be eligible for the promotional price. Where there is no promotion period specified, the relevant promotion will end when it is discontinued on our platforms.
Terms of Product Use
You must only use the products in accordance with the instructions provided and only for the purpose in which they are provided. Nothing in these terms provide you with any entitlement or right to sell, license or distribute our products to third parties.
This site is solely an online store for oral/beauty products. This website is not a substitute for professional medical advice, however we do advise to consult your health care practitioner/dentist/doctor/ or physician before the purchase of any products listed. Your physician or health care practitioner can address any concerns, medical questions and queries regarding the possible treatment of any medical condition. The Molar Bear does not, and is not, able to give or intend to provide any advice in connection with your medical related questions. This website does not replace any medical professional resource.
We do not represent ourselves as a doctor/physician and nor is this implied. Whiteness from this product will vary from customer to customer depending on factors such as the structure of one’s teeth, the number of times it is being used and the duration of time on each whitening session. Teeth whitening may not be uniform due to the difference in people’s teeth and, The Molar Bear is not liable to you for any undesired results. Whitening fades with time and a regular up keep is recommended in order to maintain white teeth. Whitening products will not whiten dental work such as veneers, crowns, bridges or cavities. By placing an order through The Molar Bear you accept all risks associated with the product as well as any complications that may arise as result of your use of the product.
IF YOU NEED MEDICAL ATTENTION CONSULT YOUR DOCTOR IMMEDIATELY.
PEOPLE UNDER THE AGE OF 18, WHO ARE PREGNANT, HAVE HEALTH PROBLEMS, PERIODONTAL DISEASE OR GUMS THAT ARE IN POOR CONDITION, OVERLY SENSITIVE TEETH, WEAR BRACES, HAD RECENT ORAL SURGERY, DECAYED TEETH, HAVE ROOTS EXPOSED, HAVE COLITIS, HAVE JAW PROBLEMS, OR ARE ALLERGIC TO ITEMS INSIDE THE GEL SHOULD NOT USE THIS PRODUCT. It remains the user’s responsibility to ensure you are not allergic to ANY of the ingredients inside the gel or product before using.
Shipping and Handling Information
All orders placed (other than those placed in peak periods) will be dispatched from our warehouse within 3 business days. In peak periods, please allow for up to 6 business days for dispatch.
Deliveries will be made to the shipping address nominated by you and it is your sole responsibility to ensure that the address provided is complete and accurate.
We are not responsible for delays, lost or damaged shipments or orders sent to incorrect, invalid addresses or correct addresses. In the event that a product is lost in transit, The Molar Bear will help as much as is reasonably necessary to trace a missing parcel.
Orders may end up being returned to us for various reasons including, non-payment of fees, duties or taxes, incorrect address, unclaimed at post office, etc. If a package is returned or rejected, the customer will need to email email@example.com to arrange re-delivery and will also have to pay for all postage costs.
Risk in the products purchased will pass to you once delivery has been made to your nominated address.
Please direct any shipping related inquiries to firstname.lastname@example.org
Taxes, Fees and Duties
When, or after delivery is made, there may be fees, duties, import/export and excise taxes, as well as other fees or assessments which may be assessed or levied by any national, State, or local government and any of their departments and subdivisions in relation to the ordered products. These charges are not included in the original shipping charge, and must be paid by you in addition to the amounts stated on our website. You will not be entitled to payment or reimbursement by The Molar Bear for those charges. If you fail to pay the required fees, duties, taxes or assessments and the items are returned to us, we will provide you with a refund for the returned products minus the return delivery costs.
If you are unsure of the charges and whether you will be affected, please contact your local customs office.
Except to the extent owned by our suppliers or licencors, we own all Intellectual Property Rights subsisting in our website, our products and our branding. Nothing in these Terms or our website in any way grants you any right or entitlement of whatever nature in respect of our Intellectual Property Rights.
We reserve all rights, title and interests in our Intellectual Property Rights.
For the purposes of this paragraph, Intellectual Property Rights means intellectual property rights conferred by statute, common law or equity in any part of the world including (without limitation) patents, trademarks, copyright and neighboring rights, designs, domain names, know how, circuit layouts, moral rights, rights in get-up, inventions and other results of intellectual activity in the industrial, commercial, scientific, literary or artistic fields, whether registered or not, and all other rights of a like nature which are now or may in the future subsist or be conferred in relation to them by the law in force in any part of the world, including all renewals and extensions.
- With the exception of the ideas, comments or reviews shared with us, and the content posted on or in connection with our website, by persons who have the appropriate authority to post or share the relevant information (the User Content), we own, or have the right to use, all content provided or accessible on our website, including (without limitation) all text, software, databases, reports, files, research, marketing and website content, sounds, graphics, designs, videos, photos, comments, replies, ideas, scripts, trademarks, branding, copyrights and patents (collectively, the The Molar Bear Content).
- By accessing our website or otherwise dealing with or using our website in any way, you do not acquire any rights in relation to the The Molar Bear Content. For the avoidance of doubt, we at all times retain all rights in relation to the The Molar Bear Content.
- Only to the extent otherwise provided in these Terms, you agree not to duplicate, publish, sell, edit, display, modify, distribute, exploit or create derivative works from any of the The Molar Bear Content without our express written consent (which may be withheld at our absolute sole discretion).
- Subject to your compliance with these Terms, to enable you to access and use our website for the purposes that we intend for them to be used, we grant you a revocable, nonassignable, non-exclusive, limited and personal licence to access and use the The Molar Bear Content for your own personal, non-commercial use. We reserve our right to monitor your use of The molar Bear Content and restrict or revoke our licence to you for any reason whatsoever.
- In granting us the above licence, you warrant that you are the legal owner or licensee of the relevant User Content and that you are authorized to post that content. You agree to indemnify us for any loss, claim, expense or damage incurred by us or made against us (as the case may be) in connection with a breach of any of the above warranties.
Indemnity and Release
- You agree to indemnify us against any expense, loss, damage or cost (on a solicitor and own client basis) that we may sustain or incur in connection with any:
- Breach of these Terms by you;
- Use by you of our website;
- Infringement or purported infringement by you of our intellectual property rights or the intellectual property rights of any third party; or
- Loss or damage to any property or injury to or death of any person caused (wholly or in part) by any act or omission by you.
- To the maximum extent permitted by the applicable law, you agree to forever release us and hold us harmless from any and all claims or causes of action that you may have against us in connection with your access to the website.
In accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below:
Empressly Beauty Products Pvt. Ltd.
B-193, 1st Floor, Lok Vihar Pitampura, New Delhi - 110034, India