Terms & Conditions
Mahamosa, LLC (“Mahamosa”, “We”, “Our”) owns and operates this website (i.e. mahamosa.com) and other affiliated and redirecting microsites (collectively hereinafter referred to as “Site”). Mahamosa fully commits itself to creating, maintaining and strengthening its relationship with persons who shop or visit Site (collectively hereinafter referred to as “Customer” or “Customers”). This Agreement governs all access, visitation or use of Site by Customers. To help Customers navigate and understand the content and organization of this Agreement, it is fully outlined with links to all the sections at the outset. If Customer has any questions regarding Terms and Conditions please contact Mahamosa using the contact information set forth on the Contact Us page.
Please, use the menu below to jump to a specific section.
- Products and Services
- Customer Rights and Obligations
- Intellectual Property Rights
- Links to Third Party Websites
- Site Information Accuracy
- Warranty and Liability Disclaimer
a. Customer’s Agreement
Customer’s access, visitation and/or use of Site in any manner whatsoever shall constitute Customer’s agreement to all provisions, terms and conditions herein, including all applicable laws, to being subject to the same, and to be accessing, visiting or using Site at Customer’s own risk. If Customer accesses, visits or uses Site without having reviewed this Agreement, then agreement to all provisions, term and conditions herein shall be deemed implied by virtue of such access, visit or use. Customers should read this Agreement carefully and print a copy of this Agreement for Customer’s records. By accessing, visiting or using Site Customer thereby represents being at least 18 years old, or of minimum legal age to enter into a binding contract in the jurisdiction legally governing Customer’s access, visitation and use of Site.
II. Products and Services
Mahamosa prides itself in providing for sale a diverse offering of high quality teas, spices, herbs, related gifts and wares, and other food and beverage products and related services (collectively herein referred to as “Products”) by way of Site, as well as existing or future physical retail or restaurant locations.
Product Availability on Site may differ from existing or future Mahamosa retail or restaurant locations. Products displayed for sale at Site may not be available in retail or restaurant locations, and Products displayed for sale at retail or restaurant locations may not be available on Site. Certain Products such as seasonal, special or featured Products may be available only in limited quantities and only while supplies last. Mahamosa will update a Product’s availability on such item’s dedicated product page on Site. Display of Product on Site, however, is not a guarantee that Product is or will be in stock. If a Customer has any questions about Product availability Customer may contact Customer Service. Mahamosa pledges to make every reasonable effort to satisfy a Customer with respect to her/his Product inquiry or request.
Product prices displayed on Site are all quoted in U.S. Dollars ($U.S.) and are valid and effective only in the United States, unless indicated otherwise. Prices are subject to change at any time.
Mahamosa will make every reasonable effort to research, describe and display Products on Site as accurately, precisely, completely, reliably, currently and without error as possible. However, Mahamosa does not warrant that Product information, including but not limited to, Product description, health benefits, history, origin, preparation instructions, usage, food pairing, recipes, is accurate, precise, complete, reliable, current, or error-free. Mahamosa recommends Customers fully inform themselves by also externally researching Products prior to purchase.
Mahamosa has made and will make every effort to accurately, precisely, completely, reliably, and without error display Products, including color, texture and detail of Products. Various factors, uncontrollable by Mahamosa, including, but not limited to, the functional, display and color capabilities of a Customer’s viewing screen or device associated therewith may significantly affect, including distort, the display of actual Product color, texture or detail to a Customer. As such, Mahamosa cannot guarantee Products will be displayed accurately, precisely, completely, reliably and without error on any particular Customer’s viewing screen.
f. Ordering/Purchase and Sale of Products
i. Ordering and Payment
Information regarding Mahamosa’s ordering and payment policies, including, but not limited to, ordering and payment process, and other provisions, terms, conditions, is set forth in Ordering and Payment. The provisions, terms and conditions of Shipping are hereby incorporated by reference and made a part of this Agreement.
Information regarding Mahamosa’s shipping policies, including, but not limited to, shipping procedures, and other provisions, terms, conditions, rates, is set forth in Shipping. The provisions, terms and conditions of Shipping are hereby incorporated by reference and made a part of this Agreement.
iii. Risk of Loss
All Products purchased from the Site are delivered to Customer by third party carriers as stated in Shipping. Except for such delivery services, such third party carriers are entirely independent, and not affiliated with, or controlled by Mahamosa. Title to Products and risk of loss for Products pass to Customer at the moment Mahamosa delivers Products to carrier.
iv. Returns and Exchanges
Information regarding Mahamosa’s returns and exchanges policies, including, but not limited to, provisions, terms, conditions, is set forth in Returns and Exchanges. The provisions, terms and conditions of Returns and Exchanges are hereby incorporated by reference and made a part of this Agreement.
III. Customer Rights and Obligations
a. Age Policy
Mahamosa’s business policy is to sell Products from Site to persons at least 18 years of age only; thus while Mahamosa may sell products for children, it does not intend to sell products to children. Notwithstanding this policy, Mahamosa cannot be responsible for and disclaims any and all liability with respect to online sales of Products consummated by persons under the age of 18, to the extent permitted by applicable law.
c. Limited License
Subject to all provisions, terms and conditions in this Agreement, Mahamosa grants Customer a limited, personal and non-transferable license to access, visit, and make personal non-commercial use of Site and Site content, including signing up for one personal account per individual Customer, creating a wishlist, purchasing Products from Site, and submitting Customer Product reviews (“Limited License”). Customers may download, copy or print content displayed on Site for personal use only related to the placement of an order or shopping with Mahamosa.
d. Generally Prohibited Uses and Misuses of Site and Site Contents
Any use of Site, Site content or Site information, other than that expressly permitted by the Limited License, is strictly prohibited, unless the written permission of Mahamosa first is obtained. Any unauthorized or prohibited uses of Site or Site contents terminate Limited License granted by Mahamosa. Mahamosa reserves the right to take such action as it deems appropriate in cases where Site in instances of prohibited uses and misused. By way of illustration and not limitation, except with the express written permission of Mahamosa, Customer is prohibited from the following:
- 1. using Site or Site contents for any commercial purposes whatsoever;
- 2. collecting and using any Product listings, descriptions, or prices;
- 3. derivatively using any part Site or Site contents;
- 4. downloading or copying of any account information for the benefit of another merchant;
- 5. using data mining, robots, spiders or similar data gathering and extraction tools to gather data from Site or Site contents;
- 6. making any part of Site or Site contents available as part of another service by deep linking or otherwise;
- 7. creating any links to Site or Site contents;
- 8. downloading (other than page caching) or modifying Site or Site contents, or any portion of Site or Site contents.
- 9. violating or attempting to violate Site security
- 10. accessing data not intended for Customer
- 11. unauthorized logging into a server or account
- 12. attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization
- 13. attempting to interfere with service to any user, host, or network, including, without limitation, by way of submitting a virus to or overloading, "flooding," "spamming," "mailbombing," or "crashing" the Site
- 14. sending unsolicited email, including promotions and/or advertising of products or services
- 15. forging any TCP/IP packet header or any part of the header information in any email or posting.
- 16. posting or transmitting any offensive, harmful, unlawful, threatening, libelous, defamatory, obscene, abusive, hateful, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or would otherwise violate the law.
Specific prohibitions with respect to use of Mahamosa’s intellectual property are stated in Article V below.
e. My Account
At all times Customer shall be solely responsible for maintaining confidentiality of his/her e-mail address, password and any other account identifiers related to any personal account that Customer has created on Site (the “Account”), and for restricting access to Customer’s computer(s). Customer hereby agrees to accept sole responsibility for any and all activity that occurs under Customer’s Account.
f. Customer Information
Customer warrants and represents that all information that Customer provides to Mahamosa in connection with every interaction and transaction with Mahamosa, including, but not limited to, any purchase, return, review, or others submissions, will be accurate, complete, reliable, current, and error-free.
Customer shall pay all charges incurred by users of Customer’s credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with Site at the prices in effect when such charges are incurred. Other payment policies are set forth in Ordering and Payment.
Customer shall pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions. Other tax policies are set forth in Ordering and Payment.
i. Customer Submissions
Customer agrees to comply with all applicable law in connection with use of Site, and such further limitations as may be set forth in any written or on-screen notice from Mahamosa. As a condition of Site usage, Customer warrants that Customer will not use the Site for any purpose that is unlawful or prohibited by this Agreement.
IV. Intellectual Property Rights
a. Mahamosa IP
Site content, including, but not limited to page headers, custom graphics, buttons, images and other content on Site, are subject to trademark, service mark, trade dress, copyright and or other proprietary or intellectual property rights or licenses held by Mahamosa. Mahamosa actively and aggressively enforces its intellectual property rights to the fullest extent permitted by law. Any and all intellectual property rights, including but not limited to, Mahamosa Copyrights, Mahamosa Trademarks, and Site Downloads, as defined in sections i, ii and iii in this Article IV, (herein referred collectively as “Mahamosa IP”) on the Site, including Site content, unless otherwise indicated, are subject to trademark, service mark, trade dress, copyright and/or other proprietary or intellectual property rights or licenses held by Mahamosa or any third-party licensors.
i. Mahamosa Copyrights
All of Site, including Site content, whether or not expressly indicated by the copyright symbol (©) and associated copyright date, is copyrighted (collectively, “Mahamosa Copyrights”) and may not, for any purposes whatsoever, including without limitation, commercial, promotional or litigation purposes, be copied, edited, reproduced, duplicated, published, broadcast, posted, circulated, manipulated, modified, performed, sold, rented, traded, transmitted, displayed, distributed, downloaded or otherwise used, except as provided herein without the express written permission of Mahamosa. Site content includes, but is not limited to, graphics and images, such as the main navigation icons and logo, photographs, text, user interface, layout, including selection, coordination, arrangement or integration of all content, and any other content used on or incorporated into Site; additionally all computer programming code and source code contained in this website, comprises copyrighted Site content and work owned by Mahamosa and/or its suppliers, and is protected by copyright laws and international treaty provisions. Nothing stated or implied on the Site confers on you any license or right under any copyright of Mahamosa or any third party. Any reproduction of any artwork material on Site is strictly prohibited without advance written permission from Mahamosa. Any reproduction of any source programming code on this website is strictly prohibited without advance written permission from Mahamosa. All worldwide rights, titles and interests to the Mahamosa Copyrights are hereby expressly reserved. Rights to any third party copyrights used on the Site belong to their respective third party owners and Mahamosa claims no rights in such copyrights unless given permission or licensed by such third party owners. Unless otherwise indicated, such third parties are not affiliated with, do not sponsor, endorse, certify or approve Mahamosa goods and/or services, nor is it intended that use of their copyrights on Site implies any of the same. To license Mahamosa Copyrights please contact Mahamosa using the contact information provided on the Contact Us page.
ii. Mahamosa Trademarks
All Mahamosa trademarks, trade ids, service marks, service names, company names, product names, graphics, logos, page headers, button icons, scripts, trade dress, designs, Product packaging and other intellectual property, on the Site (“Mahamosa Trademarks”), whether or not delineated in conspicuous print or with trademark symbols (i.e. ® ™) or in any other manner, are entirely and exclusively owned by Mahamosa. Mahamosa Trademarks specifically include “Mahamosa”, the Mahamosa retail and restaurant logos and individual separable components thereof, “Teatender”, “Ask the Teatender” and associated symbol, “Shopping Cup” and associated symbol, “Being in the Word” and associated logo, and the main navigation icons, all of which are registered, pending or claimed trademarks in the United States and/or other countries with respect to any and all actually and possibly associated goods and services. Mahamosa Trademarks may not be reproduced, imitated, diluted, used for same similar or confusing purposes or used for any purposes whatsoever without express permission of Mahamosa. All worldwide rights, titles and interests to the Mahamosa Trademarks are hereby expressly reserved. Rights to any third party marks used on the Site belong to their respective third party owners and Mahamosa claims no rights in such marks unless given permission or licensed by such third party owners. Unless otherwise indicated, such third parties are not affiliated with, do not sponsor, endorse, certify or approve Mahamosa goods and/or services, nor is it intended that use of their marks on Site implies any of the same. To license Mahamosa Trademarks, please contact Mahamosa using the contact information provided on the Contact Us page.
iii. Site Downloads
Site materials and software that may be downloaded, saved, displayed or run on Customer’s device, including, but not limited to, videos, programs, and other such Site content (collectively, “Site Downloads”) may be offered for download to Customers by Mahamosa on Site. Any Site Downloads made available to download from Site is the copyrighted work of Mahamosa, and/or their respective suppliers. Except for the Limited License, no right, title or interest in Site Downloads is transferred to Customers as a result of any Customer use of Site Downloads.
b. Prohibited Uses of Mahamosa IP
Any unauthorized or prohibited uses of Mahamosa IP will terminate Limited License granted by Mahamosa. Unless explicitly permitted herein or under a license, use of Mahamosa IP in any manner whatsoever is expressly prohibited, and may be in violation of international, federal, state or local copyright, trademark, slander or libel laws, privacy law and publicity and communications regulations and statutes.
i. Links and Hyperlinks
Customer may not use Mahamosa IP as part of any hot link or hyperlink to this website, without the express prior written permission of Mahamosa.
Customer may not frame or use framing techniques to enclose any Mahamosa IP, including but not limited to Mahamosa Trademarks and Mahamosa Copyrights, as defined herein, without express written permission of Mahamosa.
iii. Metatags and Other Hidden Text
Customer may not use metatags or any other hidden text using Mahamosa IP without the express written consent of Mahamosa.
V. Links to Third Party Websites
For informational purposes and as a convenience to our Customers Mahamosa provides links the third party websites on the Site. Customers who access such third party websites do so at their own risk. Customer will need to make his or her own independent decisions regarding interactions or communications with any other website. Unless otherwise stated, such third party websites are independent, not owned or operated by Mahamosa, and as such, Mahamosa does not control any aspects of, have any responsibility with respect to, such third party websites and information provided or activities undertaken by such websites. A link from Site to a third party website does not constitute or imply endorsement, affiliation, sponsorship or support of such third party, including third party website. Nor does a link from a third party website to Mahamosa constitute or imply endorsement, affiliation, sponsorship or support of such third party, including third party website. MAHAMOSA MAKES NO WARRANTIES OR REPRESENTATIONS WITH RESPECT TO ANY THIRD PARTY WEBSITES, INCLUDING, BUT NOT LIMITED TO, ANY CONSEQUENCE OF LINKING THERETO, AND DISCLAIMS ANY AND ALL LIABILITY OR RESPONSIBILITY FOR ANY LOSS OR DAMAGES INCURRED AS A RESULT OF ANY DEALINGS WITH ANY THIRD-PARTY WEB SITE, ANY MERCHANT OR OPERATOR OF A THIRD-PARTY WEB SITE OR, OR ANY OTHER PERSON WITH WHOM YOU ENGAGE IN ANY TRANSACTION.
VI. Site Information Accuracy
Mahamosa will use reasonable efforts to provide accurate, precise, complete, reliable and current information on Site. Information provided on the Site may have errors, inaccuracies or omissions, including, but not limited to, Product descriptions, display, pricing, and availability. Mahamosa makes no warranties or representations with respect to accuracy, precision, completeness, reliability, or currency of Site information and will not be bound thereby. Mahamosa reserves the right to correct any errors and to update Site information at any time (including after a Customer submitted an order). Please note that such errors, inaccuracies or omissions may relate to pricing and availability, and Mahamosa reserves the right to cancel or refuse to accept any order placed based on incorrect pricing or availability information.
VII. Warranty and Liability Disclaimer
MAHAMOSA PROVIDES SITE TO CUSTOMERS ON AN "AS IS" WITH ALL FAULTS AND "AS AVAILABLE" BASIS. WITH RESPECT TO SITE, SITE CONTENT, SITE INFORMATION AND PRODUCTS OFFERED AND SOLD ON OR THROUGH SITE, MAHAMOSA DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL WARRANTIES, REPRESENTATIONS, CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; THAT SITE, INCLUDING SITE CONTENT, SITE INFORMATION AND PRODUCTS OFFERED AND SOLD ON OR THROUGH SITE, IS OR WILL BE FREE FROM ERROR, OMISSION, INTERRUPTION, DEFECT, OR DELAY IN OPERATION, OR FROM TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS; WITH RESPECT TO SITE OPERATION, SITE CONTENT, THIRD PARTY CONTENT, MATERIALS, PRODUCTS SERVICES OR LINKED SERVICES PROVIDED ON OR THROUGH SITE, INCLUDING, BUT NOT LIMITED TO, THAT SITE WILL BE AVAILABLE AT ANY CERTAIN TIME OR LOCATION; THAT SERVICE ERRORS OR DEFECTS WILL BE CORRECTED; THAT SITE AND SITE CONTENT IS 100% SAFE AND SECURE, OR NOT HARMFUL IN ANY MANNER, SUCH AS BEING FREE OF VIRUSES OR OTHER MALICIOUS OR HARMFUL SOFTWARE OR COMPONENTS. CUSTOMER EXPRESSLY AGREES THAT CUSTOMER’S ACCESS, VISITATION AND USE OF SITE, AND SITE CONTENT, IS AT CUSTOMER’S SOLE RISK. CUSTOMER ASSUMES FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT CUSTOMER USES IN CONNECTION WITH CUSTOMER’S USE OF SITE. SITE CONTENT AND INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE, AND MAHAMOSA DISCLAIMS ALL RESPONSIBILITY FOR THESE CHANGES. EXCEPT AS OTHERWISE PROVIDED UNDER APPLICABLE LAWS, NEITHER MAHAMOSA NOR ITS CORPORATE AFFILIATES, NOR THE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS, ASSIGNS OF EACH OR ANY PARTY INVOLVED IN CREATING, DESIGNING, PRODUCING OR DELIVERING SITE OR ANY ASPECT OF SITE SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, EXEMPLARY, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR ANY DAMAGES OF ANY TYPE OR NATURE, INCLUDING BUT NOT LIMITED TO DAMAAGES FOR LOST PROFITS, BUSINESS INTERRUPTION OR THE LOSS OF DATA OR INFORMATION, ARISING OUT OF OR IN CONNECTION WITH CUSTOMER’S ACCESS, VISITATION, USE, MISUSE, OR INABILITY TO USE SITE OR ANY LINKED SITES OR SERVICES, OR ERRORS OR OMISSION IN SITE CONTENT OR ANY LINKED SITES OR SERVICES, IN THE EVENT A THIRD PARTY DECRYPTS OR INTERCEPTS ANY TRANSMISSION OF INFORMATION CUSTOMER PROVIDES BY WAY OF SITE OR OTHERWISE, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, OR ANY OTHER THEORY, EVEN IF MAHAMOSA HAS BEEN ADVISED IN ADVANCE OF THE POTENTIAL OF SUCH DAMAGES. CERTAIN STATES OR JURISDICTIONS DO NOT PERMIT LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THE LAWS OF SUCH STATES OR JURISDICTIONS APPLY TO CUSTOMER, ALL OR ANY OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY, AND CUSTOMER MAY HAVE ADDITIONAL RIGHTS.
Mahamosa may terminate this Agreement and deny Customer access, visitation or use Rights to Site at any time, immediately and without notice of any kind. Mahamosa reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion, including, without limitation, if Mahamosa believes that Customer’s conduct violates applicable law or is harmful to Mahamosa’s interests.
a. Governing Law
Site is designed to comply with local, state and federal laws and regulations of the United States of America (“U.S.A.”). Customers accessing, visiting, using Site without the U.S.A. do so on their own initiative and are responsible for compliance with applicable local, provincial, state, national and international laws and regulations. This Agreement, and Customers’ rights and obligations, Mahamosa’s rights and obligations, and all actions contemplated by this Agreement, will be governed by, construed and enforced in accordance with the laws of the State of Georgia and the U.S.A., without regard to principles of conflicts of law as if this Agreement were contracted in and completely performed within the State of Georgia. Customer hereby consents to exclusive personal and subject matter jurisdiction of the courts of the State of Georgia and any dispute, by or against Mahamosa, arising under this Agreement shall be resolved exclusively by an appropriate federal or state court in the Northern District of the State of Georgia. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods.
b. Site Termination
Mahamosa reserves the right and may shut down the Site at any time and for any reason, without notice. Mahamosa may change the contents, operation, or any and all other features of the Site at any time for any reason, without notice. Mahamosa may discontinue or restrict your use of the Site at any time for any reason, without notice.
c. No Joint Venture
Customer agrees that no joint venture, partnership, employment, or agency relationship exists between Customer and Mahamosa as a result of this Agreement or Customer’s access, visitation or use of Site.
d. Legal Compliance
Nothing contained in this Agreement is in derogation of Mahamosa's right to comply with governmental, court, and law enforcement requests or requirements relating to Customer’s access, visitation or use of this Site or information provided to or gathered by Mahamosa with respect to such use.
A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
f. Waiver and Enforceability
Mahamosa’s non-enforcement any provisions of this Agreement or respond to a breach by Customer or other parties shall not in any way waive its right to enforce subsequently any terms or conditions of this Agreement or to act with respect to similar breaches. If any provision in this Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect, and the invalid unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.
g. Entire Agreement
This Agreement is the entire and final Agreement regarding Site and Site content, and supersedes any prior or contemporaneous communications between Mahamosa and you regarding Site, Site contents and Site information.
Mahamosa hereby reserves all rights not expressly granted hereinabove.