Terms & Conditions
Terms & Conditions
Last updated: June 21, 2020
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the https://www.wearepaneri.com operated by Paneri Ltd. (“us”, “we”, or “our”).
By accessing and using this Store, you agree to be bound by the following terms and conditions including all the policies mentioned hereunder (hereinafter referred to as the “Terms”, “Terms & Conditions”). In case you do not accept to be bound by these Terms & Conditions, you may not use this online store including any services provided hereunder.
1. The Online Store
1.1. This online store, accessible on https://www.wearepaneri.com (hereinafter referred to as the “store”) is owned and operated by Paneri Ltd, a company having its principal place of business at Branch Road, Lallmatie 42601, Rep. of Mauritius, bearing Business Registration Number C20171159 (hereinafter referred to as “Paneri Ltd”).
1.2. You acknowledge and accept that these Terms & Conditions must be read together with the following policies which are also accessible hereunder:
- Privacy Policy
- Shipping & Delivery Policy
- Return & Exchange Policy
The above policies shall collectively be referred to as the “Policies”.
1.3. These Terms & Conditions apply to persons purchasing Products or Services from the Store, as well as any persons visiting same.
1.4. By browsing and/or registering on this store, you are providing Paneri Ltd. your consent for the processing of your personal information as defined in the Privacy Policy.
1.5. Paneri Ltd reserves its right to amend these Terms & Conditions at any time at its sole discretion. We recommend you to read and acknowledge these Terms & Conditions each time you access the Store.
2. Definitions and Interpretation
2.1. Unless otherwise specified or unless the context clearly indicates otherwise, the following terms shall have the following meanings ascribed to them:
2.1.1. “Business Day” means any day of the week other than Saturday, Sunday or public holiday in the Republic of Mauritius;
2.1.2. “Calendar Day” means any day of the week, including Saturday, Sunday or public holiday in the Republic of Mauritius;
2.1.3. “Direct Marketing” means to approach a person, either in person or by mail or electronic communication, for the direct or indirect purpose of promoting or offering to supply, in the ordinary course of business, any goods or services to the person;
2.1.4. “Intellectual Property” means, collectively, the patents, copyrights (and moral rights), Trade Marks, designs, models, brands, names, trade names, graphics, icons, hyperlinks, Know-How, trade secrets and any other type of intellectual property (whether registered or unregistered including applications for and rights to obtain or use same) which are owned by, licensed to, used and/or held (whether or not currently) by Paneri Ltd on or in connection with this Store;
2.1.5. “Know-How” means all the ideas, designs, documents, diagrams, information, devices, technical and scientific data, secret and other processes and methods used by Paneri Ltd in connection with this Store, as well as, all available information regarding marketing and promotion of the Products and Services described in this Store, as well as all and any modifications or improvements to any of them;
2.1.6. Paneri Ltd will include the employees, officers, advisers, service providers, suppliers and content providers of Paneri Ltd;
2.1.7. “Products & Services” products, devices, accessories, content, any other products or services which may be offered by Paneri Ltd on the Store;
2.1.8. “Trade Marks” means those trademarks owned by Paneri Ltd and any other trademarks, designs, logos, style names and slogans which Paneri Ltd either owns or has the right to use or any derivative service offerings of, and applications for, any of same;
2.1.9. “Store Material” means the contents of this Store, including without limitation, all and any information, data, documents, Intellectual Property, material, products (including software) or services contained in, accessed through, or downloaded or obtained from this Store;
2.1.10. Terms like “you”, “your”, “Customer” refers to any person accessing the Store and/or registering for an account.
3. Capacity to Contract
You hereby warrant to Paneri Ltd that you have the required legal capacity to enter into and be bound by a contract to make any online purchase on the store under the laws of Mauritius. You warrant that you are 18 (eighteen) years or older.
4. Modification of these Terms & Conditions
4.1. These Terms & Conditions shall commence from the date on which they are published on the Store and continue indefinitely. Paneri Ltd reserves the right, in its sole discretion, to amend, including without limitation, by the addition of new terms & conditions, at any time and from time to time and/or terminate these Terms & Conditions in its entirety and/or cease the operation of the Store at any time, with no liability or recourse to you.
4.2. Any such amendments shall come into effect immediately and automatically. It is your responsibility and you undertake to read these Terms & Conditions each time before using the Store for any such amendments.
4.3. Paneri Ltd will notify you of amendments to these Terms & Conditions as and when they arise, by publishing a notice of such amendments on the Store, which you will be required to accept before using the Store.
4.4. If you choose to visit the Store, your visit and any dispute over your privacy is subject to these Terms & Conditions, including limitations on damages, resolution of disputes, and application of the law of the Republic of Mauritius.
5. Other Terms and Conditions
Certain Products & Services offered on the Store may be subject to specific terms and conditions as indicated on that part of the Store and your use of those Products & Services will also be subject to those specific terms and conditions governing those relevant Products & Services. To the extent that those specific terms and conditions conflict with these Terms & Conditions, then those specific terms and conditions shall take precedence.
6. Login and Registration
6.1 Prior to any online purchase, you have to register your details online in order to initiate any order. Please refer to our FAQ’s section for creating an account.
6.2 The Customer is responsible for keeping his registration information confidential and for any activity on his account, notwithstanding that it may have been used by any other person with or without his knowledge or authority. If he suspects any unauthorized use of his account, he must immediately inform Paneri Ltd. on 54335100 or via email at online@wearepaneri.com without any delay. Upon receiving this notification, Paneri Ltd may reject any orders not yet executed and deactivate the Customer’s password and account. Paneri Ltd will not in any case be held responsible for any losses suffered by the Customer due to the unauthorized use of his account. The Customer further agrees to hold Paneri Ltd harmless from any losses resulting from his non-compliance to this clause.
7. Store Material – Scope of Permitted Use
7.1. Subject to the provisions of these Terms & Conditions, you may only download, view and print the Store Material online restrictively for your own personal use and only for non-commercial purposes.
7.2. You may not alter, modify, decompile, copy, reproduce, distribute, transfer, sell, transmit, display, broadcast, publish, exploit, license or create derivative works from the store. You must get Paneri Ltd’s prior written approval if you wish to copy, reproduce, distribute, transmit, display, broadcast or publish any of the store Material, whether electronically or otherwise.
7.3. You may not use this Store or its material for any illegal or unlawful purposes or as prohibited by these Terms & Conditions.
7.4. You may not link to any page on this Store or frame same or any of the pages on this Store in any way whatsoever without the prior written permission of Paneri Ltd. Recognizing the global nature of the Internet, you agree to comply with all local laws, rules and regulations regarding online conduct.
7.5. You may not transfer any rights or obligations in terms of these Terms & Conditions to any other person or entity.
7.6. You are solely responsible for obtaining and maintaining all facilities, services, products and equipment which may be required by you for the exercise of your rights of permitted use of the Store.
8. Your behavior when using the website
8.1. You may not use the website to obtain or distribute:
8.1.1. Material which is defamatory, unlawful or contains hate speech; or
8.1.2. Bulk e-mail, whether solicited or unsolicited.
8.2. You must not interfere with or jeopardise the functionality or the operation of any part of the Store or attempt to interfere with or jeopardise, disrupt, disable, harm or otherwise impede in any manner the functionality or operation of any part of this Store or its material.
8.3. You are strictly prohibited from using the Store for spoofing, hacking, flaming, cracking, phishing or spamming; and/or any other malicious behaviour.
8.4. You may not intercept any information transmitted to or from Paneri Ltd or this Store which is not intended by Paneri Ltd to be received by you.
9. Warranties and Indemnities
You hereby indemnify Paneri Ltd and its officers, directors, employees, representatives or contractors or other persons for whom in law Paneri Ltd may be liable from any loss, damages, liability, claim or demand due to or arising out of your use of the Store or its material or your breach of these Terms & Conditions.
10. Whole Agreement
10.1. These Terms & Conditions, together with the Policies, constitute the whole agreement between you and Paneri Ltd relating to your access to and use of the Store.
10.2. No indulgence, extension of time, waiver or relaxation of any of the provisions or terms of these Terms & Conditions which Paneri Ltd may show, grant or allow you shall operate as an estoppel against any party in respect of its rights under these Terms & Conditions nor shall it constitutes a waiver by Paneri Ltd of any of Paneri Ltd’s rights and Paneri Ltd shall not thereby be prejudiced or stopped from exercising any of its rights against you which may have arisen in the past or which might arise in the future.
11. Personal Information Protection / Online Privacy Policy
Please refer to the Privacy Policy on the processing of personal information and personal information protection.
12. Disputes
12.1. In the event that any claim, matter or dispute arises between you and Paneri Ltd arising out of or in connection with your use of the Store, same must be referred to the Customer Services Department by contacting our Customer support department on +23054335100 or by email on online@wearepaneri.com. Both parties shall first strive to amicably resolve all matter or disputes arising from the interpretation or performance of these Terms and Conditions, failure of which, the matter or dispute will be resolved in accordance with the Mauritian Code of Civil Procedure.
12.2. Notwithstanding the clause 14.1, Paneri Ltd reserves the right to deal with any legal claims arising from the matter in a forum of its choice, which will include but will not be limited to, the courts of the Republic of Mauritius. This right will continue to apply after termination, cancellation or amendment of these Terms & Conditions. You agree that Paneri Ltd is entitled, but is not obliged, to institute any proceedings arising out of or in connection with these Terms & Conditions or your use of the Store or its material, in any court in the Republic of Mauritius having jurisdiction over you, even though the cause of action in question may exceed the jurisdiction of that court.
12.3. Notwithstanding the above provisions, either party shall be entitled to institute action in any court of law of competent jurisdiction to obtain urgent interim relief or, in the case of Paneri Ltd, including but not limited to, for the collection of any outstanding debts due and payable by you to Paneri Ltd.
13. Address for delivery of notices
Paneri Ltd chooses the below address for the delivery of notices for all purposes under these Terms & Conditions, whether in respect of court process, notices or other documents or communications of whatsoever nature:
Postal Address:
Paneri Ltd.
Branch Road, Lallmatie 42601,
Rep. of Mauritius
Attention: Chief Executive Officer
14. Removal of Access
Paneri Ltd may, in its sole discretion, change, amend, suspend, withdraw or discontinue any aspect, feature, Products & Services or information contained on the Store at any time. Paneri Ltd may also impose limits on certain features and services or restrict your access to any or all of Store or Store material without notice or liability.
15. Intellectual Property Rights
All the content, Trade Marks and data (including copyrighted content) on the Store, including but not limited to, software, databases, text, graphics, icons, hyperlinks, private information, designs and agreements, are the property of or licensed to Paneri Ltd and as such are protected from infringement by local and international legislation and treaties. Any and all copyright subsisting on the Store, including these Terms & Conditions, vested in Paneri Ltd and all rights not expressly granted are reserved. The re-publication or distribution of any content available on the Store including by framing or similar means is prohibited.
16. Electronic Communications
You consent to receive communications from Paneri Ltd electronically and agree that all such agreements, notices, disclosures and other communications are deemed to be duly sent by Paneri Ltd for the purposes of these Terms and Conditions.
17. Marketing
By registering & accepting these Terms & Conditions, you acknowledge and accept to receive promotional advertisement from Paneri Ltd from time to time.
