Mamaearth Terms of Service 2026: Class Action Waiver, Delhi Courts

Most shoppers never open a terms-of-service page, and on a shampoo website there is not much reason to expect anything in it. Mamaearth's has a clause with its own heading, "Waiver of Class Action Rights", and it reads in full:

"By accepting the T&C, you hereby irrevocably waive any right you may have to join claims with those of other in the form of a class action or similar procedural device, any claims arising out of, relating to, or connection with this T&C must be asserted individually." The grammar is the page's own and is reproduced as published.

It sits directly beneath the jurisdiction clause, which says the terms are "governed by the laws of the state of Delhi" and that neither side will bring any claim "other than in courts located in State of Delhi". Read together, the two clauses ask a buyer anywhere in India to bring any dispute alone, in Delhi.

We report this as published text. Whether a clause of this kind binds a consumer in India is a question for a court and not for this page, and nothing here is legal advice or an opinion on enforceability. Consumer forums under the Consumer Protection Act operate under their own rules on where a complaint may be filed, and a term in a contract does not by itself settle that. Including a class action waiver and a jurisdiction clause in website terms is an ordinary and lawful drafting choice and no wrongdoing is alleged.

The second clause worth reading is the disclaimer, because of what it names specifically. The page states that the products are offered "on an ‘as is’ and ‘as available’ basis" and that the company "expressly disclaims all warranties of any kind, whether express or implied".

It then lists what it makes no warranty about. Two of the items are about the products rather than the website: the company makes no warranty "as to the results that may be obtained from the use of the Products or that defects in the Products will be corrected", and none "regarding any Products purchased or obtained through the Website".

That is a broader disclaimer than a shopper would infer from the front of the site, where products are sold by the outcome they are for. We make no claim that any Mamaearth product does or does not work; nothing on this page was bought, opened or used. The point is narrower and entirely factual: the terms a buyer accepts at checkout disclaim any warranty as to results, and a buyer who has not read them would not know that. Disclaiming warranties in website terms is standard commercial drafting; statutory rights a consumer has under Indian law are not displaced by this page's description of a contract term.

The liability clause continues in the same direction, stating that the company "takes no liability or exclusive remedy, in law, in equity, or otherwise" for the website content and products or for any breach of the terms, and that it will not be liable for indirect or consequential damages. The page itself notes that "Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages so some of the above limitations may not apply to you."

Unlike most policy pages in this series, Mamaearth publishes its delivery fee rather than leaving it to checkout. "For all orders under INR 399 ... delivery charge of INR 49 ... shall be levied. All orders above INR 399 ... shall be delivered without any delivery charges." That is a clearer disclosure than several larger retailers manage, and it is worth saying so.

On price itself the position is the usual one, stated plainly: "The Prices and availability of the Products, offers and services provided or offered on the Website are subject to change without prior notice and at the sole discretion of the Company." Prices shown are "inclusive of goods and sales tax (‘GST’), but do not include a delivery charge".

There is also an explicit warning that the brand's own site is not necessarily its cheapest channel: "The Prices and offers in offline store and online on websites and portals other than the Website may vary from the prices displayed on the Website." Anyone comparing Mamaearth on a marketplace against Mamaearth's own shop is being told by the brand itself to expect a difference.

On delivery time: "Delivery usually takes 5-7 business days from the date of order placement", with multi-product orders possibly arriving in multiple shipments. If the company cannot deliver within the estimate, the terms say you will be emailed the reason and "will have the right either to cancel the ordered Product or wait for the Product".

Under the heading "Posting", the terms state that by posting, storing or transmitting any content on the website you grant the company "a perpetual, worldwide, non-exclusive, royalty-free, assignable, right and license to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit and assign such content in any form, in all media now known or hereinafter created, anywhere in the world", subject to the privacy policy.

In practice the content most buyers post on a beauty site is a product review, a rating and sometimes a photograph of themselves. The licence described is perpetual, assignable and covers media that do not exist yet. It is a common shape of clause across e-commerce and nothing about including it is improper; it is simply broader than most people would assume when uploading a photo with a review.

The chat clause is the other one worth knowing before you use it: "Communication through chat may be stored by the Company for future reference, and the user of such service will not have the right to access such information at any future date." The terms also say the chat service may be suspended "at any time without notice" and that the company is "not responsible for any delay" in replying. If a chat conversation matters to a dispute, keep your own record of it.

Three clauses hand the company a unilateral decision, and all three are worth reading together because of how they interact.

First, the terms can change at any time: the company "reserves the right to amend or revise the T&C at any time by uploading a revised or amended T&C on the Website with or without prior notice". Second, your access can end: it "reserves the right to terminate your access to the Website if it reasonably believes, in its sole discretion, that you have breached any of the terms", and there is a separate clause allowing it to block a user and permanently disable an account over a breach of fair usage. Third, the shop itself can close: "The Company may at any time, in its sole discretion and without advance notice to You, cease operation of the Website and distribution of the Products."

None of that is unusual in Indian e-commerce terms and none of it is alleged to be improper. It is set down here because the practical reading is simple: the document you agreed to can be replaced without telling you, by a party that can also end your access to the site where it is published. If a term matters to you, save a copy of it on the day you order.

The page does carry the disclosures the IT Rules expect. It opens by declaring itself "AN ELECTRONIC RECORD IN TERMS OF INFORMATION TECHNOLOGY ACT, 2000" and it names a Grievance Officer with a nodal email address and stated hours, Monday to Friday, 9 am to 6 pm. A named grievance route is the thing most worth noting on the page for anyone with an actual complaint.

Four practical points, none of them legal advice. One: if something goes wrong with an order, the grievance route named on the page is the first thing to use — it is published precisely so complaints have somewhere to go, and it is faster than any argument about clauses. Two: keep your own records. Chat transcripts are expressly not yours to retrieve later, and the terms can be amended without notice, so screenshot the order page, the price and any conversation at the time. Three: a term in a website contract is not the last word on your rights. Consumer protection law in India gives buyers statutory remedies and its own rules about where a complaint may be filed, and this page expresses no view on how any clause above would be treated by a court or a consumer forum. Four: compare channels. The terms themselves warn that prices on marketplaces and in offline stores may differ from the brand's own site, so the brand's shop is not automatically the cheapest place to buy its products. Everything above is Mamaearth's published text as it stood on 7 October 2026 and a published policy can be amended at any time.