Terms and Conditions

GENERAL TERMS AND CONDITIONS OF PURCHASE

This document is an electronic record as contemplated under section 2(t) of the Information Technology Act, 2000 and the rules thereunder.

1. DEFINITIONS -

A. ‘MERAAKINXT’ means MERAAKINXT Private Limited, a company defined under and within the meaning of the Companies Act, 2013, having Corporate Identification Number U74101MH2023PTC402495 and registered office at 27th Floor, B 2704 Lodha Parkside, P. B. Marg, Worli, Mumbai 400 018, India.

B. ‘Website’ means www.meraakinxt.com which is owned and operated by MERAAKINXT’.

C. ‘Conditions’ This document (together with the other documents mentioned herein)
establishes the general terms and conditions that govern the use of the Website and the purchase of various products on it. 
D. "User"/"Users" shall mean any person/persons and/or legal entity(ies) who visit(s),
uses, deals with and/or transact at the Website in any way.

E. ‘Privacy Policy’ means https://meraakinxt.com/pages/privacy-policy
F. ‘Products’ means products available for sale on the Website.


2. APPLICABILITY-
A. This document governs terms and conditions for the purchase of Products by the Users through the Website from MERAAKINXT.
B. We urge the Users to read the Conditions and Privacy Policy carefully before using this Website. When using this Website or placing an order on it, the User is bound by these Conditions and Privacy Policy. By using this website, the User declares to have carefully read, understood and agree to be bound by these Conditions. Accessing, browsing or otherwise using the website will be construed as User’s unequivocal and irrevocable acceptance and acknowledgement to the Conditions.  
C. MERAAKINXT may, at its sole discretion, allow or disallow access to the Website and reserves the right to modify any of the Conditions at any time without prior intimation to the Users. It is the User’s responsibility to read them periodically, as the Conditions at the time of using the website or concluding of the relevant contract shall be those that apply. Continued use of this Website shall constitute Users acceptance of the modified Conditions.


3. ELIGIBILITY:
A. User should have completed 18 years of age and be competent to enter into a contract under Indian contract law. If User is under 18 years of age who is intending to avail the services of the Website, should do so through its legal guardian in accordance with applicable law.

B. If User is using the Website on behalf of any corporation, company, institution,
association or other entity, the User should be authorized by such corporation, company, institution, association or other entity to use and access the Website.


4. USER ACCOUNT:
A. User may be required to register and create an account (“Account”) for using the Website by furnishing all relevant information relating to the User, as sought on the Website. User shall be solely responsible for the confidentiality of its User Id and Password. User shall be solely responsible for the accuracy and correctness of all such details/information given by User during registration. If MERAAKINXT has a reason to doubt the correctness of any details/information furnished by User or in case any information furnished by User is found incorrect, false or misleading, then the Company shall be entitled to cancel or suspend the registration of User.
B. The relevant information or personal details that User provides MERAAKINXT shall be processed in accordance with these Conditions and Privacy Policy. When the User uses this Website, the User agrees to the processing of the information and details and the User states that all information and details provided are true and correspond to reality. The User shall not share the Account details to anyone. MERAAKINXT may restrict the User from creating multiple accounts.


5. PAYMENT TERMS
A. All payments shall be collected through secured payment options. User shall be entitled to use a valid credit / debit and/ or any other payment cards, online banking facility to make payment against any transaction being effected at the Website. User undertakes and confirms that he/she would furnish correct, complete and accurate detail of credit / debit and/ or any other payment cards, online banking accounts and shall be solely responsible for any cost, expense, loss and/or damage which may be levied upon the User due to furnishing of wrong detail/ information relating to his/her credit / debit and/ or any other payment cards or online banking accounts.
B. All payments for purchases made by the User on the Website shall only be in Indian Rupees. In case of a prepaid transaction, after payment for the order has been successfully received by MERAAKINXT, the User will be sent a notification by email or SMS at the email address or mobile number provided to MERAAKINXT confirming receipt of payment.

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C. Credit and Debit Card - MERAAKINXT accepts all Visa, Master Card, Maestro,
American Express and Diners cards. User will be redirected to User issuing bank's site, where User will have to follow the instruction to complete the payment.


D. Net Banking - User can make payment for an order by using their Net Banking account. User will be redirected to User bank’s site where the User will be able to make payment after entering in User login id and password that is known only to the User.

E. Payments can sometimes fail or remain in the pending stage. In the event the User faces any payment related issue, he / she shall try placing the order again or contact their bank or issuer for technical assistance. MERAAKINXT is not liable for any loss or inconvenience caused to the User when making payment or for any wrongful debits to the User’s cards or net banking accounts.


F. Issuing bank terms and conditions - Users understand and acknowledge that all payments made by the Users using valid credit card/ Debit card/ Cash Card/ and other payment instruments or mechanism including net banking facility will be processed using a payment gateway or appropriate payment system infrastructure and the same is governed by a separate set of terms and conditions agreed between the User and the respective Issuing Bank and payment instrument issuing company.


G. Requirements of Permanent Account Number (PAN) - For all the purchase of an amount equal to or exceeding INR 2,00,000 (INR two lakhs only), the User will be required to upload a copy of its PAN card, within such time as may be prescribed from the date of purchase, failing which, the purchase made by the User will be automatically cancelled. The order shall also stand cancelled if there is a discrepancy between User’s name in the account with MERAAKINXT and the name printed on the PAN card.


6. ORDER ACCEPTANCE
A. Order of the User shall be deemed to have been accepted by the MERAAKINXT, when order acceptance notification in the form of email/mobile SMS is sent to the User at the registered email/mobile Id.
B. MERAAKINXT has discretion to cancel the order received without providing any reason and in such case, if User has made the payment, then entire amount will be refunded back to the User.


7. INVOICE
A. An invoice will be provided to the User along with the Products when delivered.
B. Pursuant to the prevailing rules and regulations in force, all purchases done through the Website are subject to all applicable taxes including but not limited to GST, duties, cesses, etc.


8. DELIVERY
A. In case you have received an order delivery confirmation but that order is not delivered, please raise that complaint within 48 hrs.
B. Shipping Address – User’s shipping address and pin code will be checked with the
database of MERAAKINXT before the User starts to pay for its purchase. In the event
the order is not deliverable by MERAAKINXT’s logistics service providers or the area is not covered, MERAAKINXT will request the User to provide with an alternate shipping address.
C. The shipping address shall be within India. 
D. MERAAKINXT will endeavour to send the order consisting of the product(s) listed in each Delivery Confirmation prior to the date indicated in the Delivery Confirmation in question or, if no delivery date is specified, in the estimated timeframe indicated when selecting the delivery method and, in any case within a maximum period of 30 days from the date of the Order Confirmation.
E. Delayed Delivery - Sometimes, delivery may take longer due to climatic issues, natural calamities, disruption in the supply chains, orders / notifications etc. issued by statutory authorities / competent authorities, political disruptions, logistics service provider related challenges, product lost in transit, other unforeseen circumstances or event beyond the control of MERAAKINXT or logistics service provider etc.
F. Nonetheless, there may be delays for reasons such as the occurrence of unforeseen
circumstances or the delivery zone. If for any reason MERAAKINXT is unable to
comply with the delivery date, MERAAKINXT will inform the User of that situation and will give the User the option to continue with the purchase, establishing a new delivery date, or cancel the order with full reimbursement of the amount paid.
G. Company may choose to deliver the ordered products to the User through the logistics service providers. For the purpose of effecting the delivery, the delivery person may connect with the user before the delivery. Deliveries cannot be rescheduled after the order has been placed. The said logistics service provider will make a maximum of three [3] attempts to deliver the User’s order. In case, the User is not reachable, available or does not accept delivery of products in these attempts, MERAAKINXT reserves the right to cancel the order at its discretion. The User may be informed of such cancellation by email or SMS at the email address or mobile number provided to MERAAKINXT. The User agrees not to hold MERAAKINXT liable for any cancellation.
H. If the estimated delivery date has passed and the User has still not received their order, please contact us and we will take steps to track the User’s package. We request the Users to check their emails and SMS regularly for such updates.

I. MERAAKINXT WILL NOT COMPENSATE TO USER OR ANY OTHER PERSON
FOR ANY MENTAL AGONY OR INCONVENIENCE OR LOSS CAUSED DUE TO
DELAY IN DELIVERY FOR ANY REASON. THE USER MAY BE INFORMED BY
EMAIL OR SMS AT THE EMAIL ADDRESS OR MOBILE NUMBER PROVIDED
TO MERAAKINXT IF ANY PRODUCT IN THE ORDER IS UNAVAILABLE OR IS
DELAYED OR LOST IN TRANSIT.


9. TRANSFER OF TITLE AND RISK
A. Title and risk of loss for all Products ordered by the User shall pass on to the User upon delivery of the Products at the shipping address provided by the User.


10. RETURN POLICY
A. We grant you a period of 30 days from the Order Confirmation date to return the
products (except those products mentioned below, for which the right to return /
exchange is excluded). In case you return the goods within the said period, you will only be reimbursed with the amount paid for said products. Delivery charges will not be reimbursed.
B. The said period of return will expire after 30 (thirty) days from the day on which you received the Order Confirmation.
C. Conditions for Return: Return of the delivered Product shall be accepted by
MERAAKINXT only and only if (a) the User receives any damaged or defective product or (b) if the Product is significantly different from what was purchased, the User shall notify us within the aforementioned period of 30 (thirty) days.
D. We reserve the right not to accept return of products which (i) we believe are being
returned after use, or (ii) are damaged (except where the return is on account of damaged goods having been delivered to you).
E. Non-returnable Products: Return of the following Products shall not be allowed:
a) Products that have been used or tampered.
b) Products damaged due to misuse of Product or Products having incidental damages
due to malfunctioning.
c) Product sold in sets or combination cannot be returned individually.
F. Your right to return / exchange the products shall apply exclusively to the products that are returned in the same condition in which you received them. No reimbursement will be made if the product has been used once it has been opened, for products that are not in the same condition as when they were delivered or if they have been damaged/ tampered. Please return the products including all their original packaging, instructions and other documents, if any, accompanying the products. In any case, you must send the product to be returned together with the receipt/ invoice that was received when the product was delivered.


G. Decision of MERAAKINXT shall be final and binding on the User.
H. Products should be returned unused, in their original packaging along with the original price tags, labels, packing, barcodes, user manual, warranty card and invoices, accessories, freebies and original packaging defined as essentials. If any product is returned without the essentials, the product shall not be accepted for return and shall be sent back to you.
I. The return packages should be adequately packaged so that there is no damage of products during transit.
J. In the event you receive a damaged or defective product or the package delivered is
missing one or more products or accessories, You are required to get in touch with the Customer Care Team through registered mobile or email Id.
K. Upon receiving your return request, we shall verify the authenticity and the nature of the request and if the request is genuine, we will arrange for pick-up of the product through an assigned logistics service provider and your refund to be processed upon the receipt and quality check of the returned product. It may take a minimum of [ 4-6] business days to process your request for return of products. You will receive an email or SMS notification at your email address or mobile number provided to us.
L. Upon receipt of the returned product by us and successful completion of the quality
check, you will receive an email or SMS confirmation at the email address or mobile
number provided to us. If a defect or damage is confirmed on the returned products, we will give you a complete refund. The refund will always be paid using the same payment means you used to pay for your purchase.
M. A request for return once made can be cancelled by contacting Customer Service. In case the Logistics Service provider arrives to receive the shipment and you want to cancel the request, you may choose to inform the logistics service provider that you do not wish to return the product. You will receive an email or SMS notification at the email address or mobile number provided to us cancelling your return request.
N. We reserve the right to refuse or cancel any return request.  If the request for returns is not allowed by the Returns Policy, you will not be refunded the payment made or any costs and will not be able to raise a second request for return for the same product. Our decision regarding the refusal or cancellation shall be final and binding on the User and you further agree not to hold us liable for any refusal or cancellation.
O. In the event of frivolous or baseless complaints or requests regarding the quality or content of the products, we reserve the right to take necessary legal actions against you and you will be solely liable for all costs incurred by us in this regard.

P. In case of return of products initiated and subsequent courier of the product by you, if it is found that the returned product was not delivered to us or any other designated location specified or the package was empty, the onus shall be on you to prove through submission of proof of delivery from the concerned courier service provider to establish your claim of return. We are not liable to process the return request until satisfactory proof of delivery is provided to us. In case of damage claims, we may ask for pictures of the damaged product before it is approved or allowed for return.
Q. For return shipping managed by us, you will need to hand over the product to the
assigned logistics service provider at the time of pick-up. In the event the logistics
service provider makes attempts to pick-up the product and you are unavailable or not
ready to handover the product, we or logistics service provider will not be held
responsible for the delay in pick-up or processing of the quality check by us and hence
the refund. A maximum of 2 attempts will be made by the logistics service provider to
pick-up the product to be returned.
R. In case of any discrepancy in the status of pick-up of a product arranged by us, (where you claim the product has been returned, while our system suggests otherwise) refund will be initiated only if you successfully furnish the courier slip given by our assigned logistics service provider at the time of the pick-up.


11. ORDER CANCELLATION POLICY
A. We have the discretion to cancel an order. The reasons for cancellation shall inter alia include without limitation the following:
a) Your failure to comply with these Conditions or breach of any of the policies / terms referred herein

b) Technical errors or issue
c) Any reason relating to credit / fraud avoidance
d) Invalid address or wrong address is provided by the User in order details
e) Malpractices used to place the order
f) Bulk order is placed for the likely commercial resale
g) Multiple orders are placed for same product at the same address
h) Order is undelivered after three (3) attempt
i) EMI offer, if any, is rejected by the bank
j) Pricing or specifications on any product as is shown on the Website due to any
technical glitch, resulting into incorrect pricing or specifications.
B. Notwithstanding anything contained herein, we reserve the right, at our sole discretion, to refuse or cancel any order for any reason whatsoever without any further liability. On such cancellation, you will receive a notification through email or SMS at the email address or mobile number provided to us.
C. We reserve the right to remove any product from the Website at any time and to remove or modify any material or content from the same. Although we will always do everything possible to process all orders, there may be exceptional circumstances that force us to

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refuse to process an order after having sent the Order Confirmation. We reserve the right to do so at any time. We shall not be liable to you or to any third party for removing any product from this website, or for removing or modifying any material or content from the Website or not processing an order once we have sent you the Order Confirmation.
D. Cancellation due to non-Availability of Products - All product orders are subject to
availability. Along this line, if there are difficulties regarding the supply of products or there are no more items left in stock, we reserve the right to provide you with information on substitute products of the same or higher quality and value that you may order. If you do not wish to order the substitute products, we will reimburse the amount that you may have paid.
E. Cancellation by you - Prior to the product being shipped for delivery, you may cancel an order for any reason. No cancellation is permitted subsequently. If an order has been successfully cancelled, you will be sent a confirmation email or SMS at the email address or mobile number provided to us. We reserve the right to accept or reject requests for order cancellations for any reason whatsoever. You agree not to hold us liable for any rejection of order cancellations. You will receive a refund for your cancelled orders that have been accepted in accordance with the Refund Policy.


12. REFUND POLICY
A. Refunds are provided for cancellation / return of products, subject to the eligible cancellation/ return as per Return Policy or these terms and conditions, initiated in accordance with the Return or Cancellation Policy. Given the same, the refunds would be initiated as under: Event Details of refund (Subject to the Cancellation 0r Return Policy) Cancellation by you prior to the product being shipped for delivery. you will receive a refund for your cancelled orders that have been accepted

Return of defective goods You will receive complete refund including the delivery
charges, post the defect or damage is confirmed on the returned products by us.

B. Time period for refund - Refunds are normally processed within 1-6 working days after the completion of quality checks of product returned and further depends on various banking and payment channels. Interest charged by the bank providing the EMI Scheme till the time the request for return or cancellation is raised will not be refunded. We are not responsible for any errors or delays in refund due to banks or third party service provider errors or delays.
C. Time period for refund - The mode of refund of payments cannot be changed at any
stage as the refund amount is transferred to the your source account. Refunds are paid back to the source of payment. Refund for payments made by modes other than Cash on Delivery, which fail when processed back to source may be refunded by National Electronic Funds Transfer (“NEFT”) to your bank account. Refund of orders placed using Cash on Delivery as the payment method will be made by cheque or demand draft or to your bank account via NEFT or to your wallet account depending on our discretion. You will be required to update the bank account number and IFSC code to enable us to process a refund to User Account. Refunds cannot be processed to third-party accounts, i.e. the name provided in the User Account should match with the name of the bank account holder provided for refund via NEFT. A refund initiation confirmation by email or SMS at the email address or mobile number provided to us will be sent to you. All refunds by cheque will be in form of "at par" cheques or via online transfer; basis our
sole discretion.
D. Terminated Payment Mode -If the original payment method you used to make the
payment (credit or debit card or net banking) is no longer valid, we will issue the refund through a cheque. When we receive a payment failure notice from your bank, we will send you an email asking you to contact us. Basis the communication with you, the cheque may be issued to the address mentioned by you to proceed with the refund. You explicitly give your consent to receive communications (by SMS, email or other mode of communication) sent to you by us. However, you may withdraw your consent
any time at your sole discretion. 


13. LIABILITY - 
A. Unless otherwise indicated expressly in these Conditions, our liability regarding any product purchased or received or acquired on our website shall be limited strictly to the price of the said product.
B. Due to the open nature of this website and the possibility of errors in storage and
transmission of digital information, we do not warrant the accuracy and security of the information transmitted or obtained by means of this website, unless otherwise indicated expressly on this Website.


14. DISCLAIMER:
A. We will try to ensure that all information, suggestions and recommendations, whether in relation to the Products, Services, offerings or otherwise (hereinafter “Information”) provided as part of the Website is correct, however, we do not guarantee the accuracy of the Information. We make no representations or warranties as to the completeness or accuracy of Information.
B. You acknowledge that Information is being provided to you specifically on the condition that you will make your own decision and choice as to the suitability of such information for your purpose prior to purchase.
C. No Information on the Platforms shall constitute an invitation to invest in us.

D. We are not liable for any loss, damage or expense arising out of any access to, use of, or reliance upon, this website, the Information, or any third-party website linked to the Website. If you decide to access links of any third-party platforms, you are doing so entirely at your own risk and expense.
E. As a means to assist the Users in identifying the Products of their choice, we provide visual representations on the Platforms including graphics, illustrations, photographs, images, videos, charts, screenshots, infographics and other visual aids. We have made reasonable efforts to provide accurate visual representation, however, we disclaim any guarantee or warranty of exactness of such visual representation or description of the Product, with the actual Product ultimately delivered to users. You agree that the appearance of the Product, including colour, fittings, etc, when delivered, may vary for
various reasons.
F. You agree that we are not recommending you to buy any Product.
G. We do not covenant or provide any representations and warranties in respect of quality, suitability, accuracy, reliability, performance, safety, merchantability, fitness for a particular purpose/consumption or the content (including Product or pricing information and/or specifications) on the Website that the Services will be made available at all times; and WE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES,
ARISING FROM OR CONNECTED WITH THE SITE, INCLUDING BUT NOT
LIMITED TO, YOUR USE OF THIS SITE OR YOUR INABILITY TO USE THE SITE, EVEN IF WE HAVE PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES.

15. INTELLECTUAL PROPERTY:
A. The User recognises and agrees that all copyright, designs, registered trademarks and other intellectual property rights on all Products, materials or contents provided as part of the Website owned by MERAAKINXT at all times.
B. Copying MERAAKINXT’s designs of the Products, whether directly or indirectly is
strictly prohibited.


16. VIRUSES, PIRACY AND OTHER COMPUTER ATTACKS -
A. The User must not make undue use of this Website by intentionally introducing viruses, worms, logic bombs or any other software or technologically damaging or harmful material. The User shall not attempt to make unauthorised access to this Website, the server on which the site is hosted or any server, computer or database related to our Website. The User undertakes not to attack this website through any attack of denial of service or an attack of distributed denial of service. Failure to comply with this Clause shall be considered an infraction as defined under the applicable regulations. We will report any failure to comply with this regulation to the corresponding authorities and we will co-operate with them to determine the identity of the attacker. Likewise, in the event
of failure to comply with this Clause, authorisation to use this Website shall be suspended immediately. We shall not be held liable for any damage or harm resulting from a denial of service attack, virus or any other software or technologically damaging or harmful material that may affect the User’s computer, IT equipment, data or materials as a result of using this website or downloading content from the same or those to which this site redirects the User. 

17. LINKS FROM OUR WEBSITE –
A. If our website contains links to other websites and third-party materials, said links are provided for information purposes only and we have no control whatever over the
content of those websites or materials. Accordingly, we shall not accept any liability for any damage or harm deriving from their use.


18. FORCE MAJEURE
A. Notwithstanding anything contained in these Conditions or elsewhere, MERAAKINXT shall not be held responsible for performance of its
obligations or for any loss, damage to User if such loss, damage is attributable to a Force Majeure Event. A "Force Majeure Event" means any event that is beyond MERAAKINXT’s control and anticipation, including, without limitation, fire,
flood, explosion, natural calamity, acts of God, civil commotion, strikes, lock outs or industrial action of any kind, riots, insurrection, terrorist attacks, war, acts of government, lockdowns, pandemic, epidemic, legal or statutory orders, including, orders, notifications, circulars etc. issued by Government/ statutory authorities, court orders, inability to use public or private telecommunication systems, power failure, sabotage, computer hacking, unauthorised access to computer data and storage device, system failure, virus, attacks, bugs, computer crashes, breach of security and encryption or any event which affects the ability of MERAAKINXT to fulfil its
obligations under these Terms and Conditions.
B. It shall be understood that our obligations deriving from contracts are suspended during the period in which Force Majeure remains in effect and we will be given an extension of the period in which to fulfil these obligations by an amount of time equal to the time that the situation of Force Majeure lasted. Notwithstanding anything contained herein, MERAAKINXT Limited shall not be responsible or liable to the customer or user for non-delivery or non-refund or for any of its obligations during the Force Majeure Event. However, MERAAKINXT would make all reasonable efforts and endeavor to fulfill its obligations or to find a solution that enables us to fulfil its obligations by virtue of the contract despite the situation of Force Majeure. 


19. INDEMNITY -
A. The User  agrees to indemnify and hold harmless, MERAAKINXT including affiliates, associates and their respective owners, directors, officers, agents, shareholders and partners from and against all actions, proceedings, claims, losses, damages and costs (including attorney fees) and other expenses suffered or incurred due to or attributable to or arising out of (i) violation of any applicable law (ii) breach of any representations, warranties or covenants of the User (iii) breach of the policies, guidelines and conditions
of MERAAKINXT’s service or Additional terms or these Conditions or Data Protection Policies (including any modifications or additional notifications or instructions); (iv) infringement of any third party rights. This Clause survives the conclusion or cancellation of transaction on the Website or the removal or termination of these Conditions. 


20. TERMINATION -
A. MERAAKINXT reserves the right to terminate the services provided to any User without prior notice in the event of any default committed by User including but not limited to the breach of any applicable law, policies, guidelines and conditions of MERAAKINXT’s service or additional terms or these Conditions or the Data
Protection Policy (including any modifications thereto or additional notifications or
instructions).  On such termination, the User’s information and other details shall be black listed by the Website and shall be taken into consideration whenever necessary. MERAAKINXT will terminate the services provided to any User if it is required under any applicable law.  Without prejudice, MERAAKINXT reserves its right to terminate the services if such provision of services to the users is not economically viable for MERAAKINXT. Users may choose to discontinue availing services and facilities
provided through the Website by closing the User Account with the Website.
B. On termination of the User Account, the User is not eligible to purchase products
through the Website. Once the User’s Account is terminated for any reason whatsoever, the contents, reviews, comments or other material posted on the Website by the User shall be removed by MERAAKINXT.
C. Post conclusion or cancellation of a transaction or termination of the services provided to the User through the Website, the User’s personal information would reside in the Website’s database for a certain period of time. It is also clarified that certain terms and conditions of the policies, guidelines and conditions of MERAAKINXT’s service or additional terms or these Conditions and the Privacy Policy continue to be binding on the User and if any User by default or otherwise is found using or dealing with the Website post termination of the service provided through the Website, MERAAKINXT shall have the right to take appropriate actions against the User. The User shall also be liable to compensate MERAAKINXT for any unauthorized use of the Website. 


21. LOCATION BASED SERVICES – 
A. Basis the permission granted by the User in respect of tracking the location, our Website may use the information from Global Positioning System (GPS) networks, cellular, Wi-Fi or Bluetooth to determine the User’s approximate location to provide the User, location
based Services.

22. WAIVING RIGHTS – 
A. The lack of requirement on our part for strict compliance on User’s part with any of the obligations assumed by User by virtue of a contract or of these Conditions or a lack of exercising on our part of the rights or actions that correspond to us by virtue of this contract or of the Conditions shall not constitute the waiving or limitation of said rights or actions, nor exonerate the User from fulfilling said obligations. The waiving on our part of a specific right or action shall not constitute the waiving of other rights or actions derived from the contract or from the Conditions. The waiving on our part of any of these Conditions or of the rights or actions derived from the contract shall not take effect unless expressly stipulated that it is a waiving of rights and is formalised and notified to the User. Any delay or waiver of right or remedy by MERAAKINXT under these Terms and Conditions shall not constitute a waiver of any other or further rights and remedies and shall not prevent MERAAKINXT in exercising those rights and remedies
subsequently. Any waiver of rights or remedies by MERAAKINXT shall be in writing.


23. ENTIRE CONTRACT – 
A. These Conditions and any document referenced in the same constitute the Entire Contract between the Parties as regards the purpose of the same, replacing any previous pact, agreement or promise made between the Parties verbally or in writing. The Parties acknowledge that we have agreed to enter into the Contract without depending on any declaration or promise made by the other Party or that could have been inferred from any statement or document in the negotiations entered into by the two Parties prior to said Contract, except those expressly mentioned in these Conditions.


24. SEVERABILITY – 
A. Each of the provisions in these Conditions are severable and distinct from the others and if at any time one or more such provisions is or becomes invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of these Conditions shall not in any way be affected or impaired thereby. 


25. PARTIAL INVALIDITY – 
A. If any provision of these Conditions is held to be illegal, invalid, or unenforceable under any present or future applicable Indian law, (i) such provision will be fully severable; (ii) these Conditions will be construed and enforced as if such illegal, invalid, or unenforceable provision had never comprised a part hereof; (iii) the remaining provisions of these Conditions will remain in full force and effect and will not be affected by the illegal, invalid, or unenforceable provision or by its severance here from.


26. ASSIGNMENT – 
A. The User shall not assign its rights or obligations under these Terms and the Privacy Policy to a third party.
B. MERAAKINXT in its discretion has the right to assign and transfer any or all of its rights, benefits and obligations under these Terms and Conditions or a transaction
transacted through the Website, to any person.
C. MERAAKINXT including affiliates, associates and their respective owners, directors, officers, agents, shareholders and partners shall have no liability for the non-receipt of the Website’s service messages and notices.


27. GOVERNING LAW AND JURISDICTION:
A. These Conditions are governed by and to be interpreted in accordance with laws of India, without regard to the choice or conflicts of law provisions of any jurisdiction.
B. You agree, in the event of any dispute arising in relation to these Conditions or any
dispute arising in relation to the Website, to submit to the exclusive jurisdiction of the
courts located in Mumbai (India) for the resolution of all such disputes.