Terms & Conditions

TERMS & CONDITIONS FOR TRANSACTING AT AND/OR DEALING WITH THE SITE"

This document is an electronic record in terms of the Information Technology Act, 2000 and the rules made thereunder as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology (Amendment) Act, 2008. This electronic record is generated by a computer system and does not require any physical or digital signatures.

This document is published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 and the Information Technology (Reasonable Security Practices And Procedures And Sensitive Personal Data Or Information) Rules, 2011 that require publishing the rules and regulations, privacy policy and user agreement for access and/ or transacting and/ or usage of "The Moms Co." (as defined hereinafter).

"The Company shall have ensured compliance with the Consumer Protection (E- Commerce) Rules, 2020."

1. USE OF THIS SITE

Welcome to https://www.themomsco.com/ ("Site" or "The Moms Co."). This Site (website and mobile application) is owned and operated as Amishi Consumers Technologies Pvt Ltd ("THE MOMS CO."), a company incorporated under the provisions of the Companies Act, 2013 with its registered office at. You may be accessing our Site from a computer or mobile phone device (through an iOS or Android application, for example) and these Terms of Use govern your use of our Site and your conduct, regardless of the means of access. You may also be using our interactive services ("Interactive Services"), such as our Beauty Suggestions, Look Book etc. and these Terms of Use also govern your use of the Interactive Services. These Terms of Use govern all the products offered on the Site including the Interactive Services.

The Site is only to be used for your personal non-commercial use and information. Your use of the services and features of the Site shall be governed by these Terms and Conditions (hereinafter "Terms of Use") along with the Privacy Policy, Shipping Policy and Cancellation, Refund and Return Policy (together "Policies") as modified and amended from time to time.

By mere accessing or using the Site, you are acknowledging, without limitation or qualification, to be bound by these Terms of Use and the Polices, whether you have read the same or not. ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT, SO PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PROCEEDING. If you do not agree to any of the terms enumerated in the Terms of Use or the Policies, please do not use the Site. You are responsible to ensure that your access to this Site and material available on or through it are legal in each jurisdiction, in or through which you access or view the site or such material.

THE MOMS CO. reserves the right to change the particulars contained in the Terms of Use or the Policies from time to time and at any time, without notice to its users and in its sole discretion. If THE MOMS CO. decides to change the Terms of Use or Policies, THE MOMS CO. will post the new version of the Terms of Use or the Policies on the Site and update the date specified above. Any change or modification to the Terms of Use and the Policies will be effective immediately from the date of such upload of the Terms of Use and Policies on the Site. Your continued use of the Site following the modifications to the Terms of Use and Policies constitutes your acceptance of the modified Terms of Use and Policies whether or not you have read them. For this reason, you should frequently review these Terms of Use, our Guidelines and Rules and any other applicable policies, including their dates, to understand the terms and conditions that apply to your use of the Site.

2. YOUR ACCOUNT

This Site is directed to be used by adults only. We assume that any minor, if at all, accessing our Site is under the supervision of their guardians. THE MOMS CO. or its associates do not knowingly collect information from minors. You will be responsible for maintaining confidentiality of your account, password, and restricting access to your computer, and you hereby accept responsibility for all activities that occur under your account and password. You acknowledge that the information you provide, in any manner whatsoever, are not confidential or proprietary and does not infringe any rights of a third party.

If you are accessing, browsing and using the Site on someone else’s behalf; you represent that you have the authority to bind that person to all the terms and conditions herein. In the event that the person refuses to be bound as the principal to the Terms of Use, you agree to accept liability for any harm caused by any wrongful use of the Site resulting from such access or use of the Site.

If you know or have reasons to believe that the security of your account has been breached, you should contact us immediately at the 'Contact Information' provided below. If we have found a breach or suspected breach of the security of your account, we may require you to change your password, or suspend your account without any liability to THE MOMS CO.. We reserve the right to refuse service and/or terminate accounts without prior notice if these Terms of Use are violated or if we decide, in our sole discretion, that it would be in The Moms Co.’s and THE MOMS CO.’s best interests to do so. You are solely responsible for all content that you upload, post, email or otherwise transmit via the Site.The information provided to us shall be maintained by us in accordance with our Privacy Policy.

3. PRIVACY PRACTICES

We understand the importance of safeguarding your personal information and we have formulated a Privacy Policy, to ensure that your personal information is sufficiently protected. Apart from these Terms of Use, the Privacy Policy shall also govern your visit and use of the Site. Your continued use of the Site implies that you have read and accepted the Privacy Policy and agree to be bound by its terms and conditions. You consent to the use of personal information by THE MOMS CO. in accordance with the terms of and purposes set forth in the Privacy Policy, the same may be subject to amendment from time to time at the sole discretion of THE MOMS CO..

4. PRODUCT INFORMATION

THE MOMS CO. attempts to be as accurate as possible in the description of the product on the Site. However, THE MOMS CO. does not warrant that the product description, colour, information or other content of the Site is accurate, complete, reliable, current or error-free. The Site may contain typographical errors or inaccuracies and may not be complete or current. The product pictures are indicative and may not match the actual product. THE MOMS CO. reserves the right to correct, change or update information, errors, inaccuracies or omissions at any time (including after an order has been submitted) without prior notice. Please note that such errors, inaccuracies or omissions may also relate to pricing and availability.

5. RECOMMENDATION OF THE PRODUCT

Any recommendation made to you in the Site during the course of your use of the Site is purely for informational purposes and for your convenience and does not amount to endorsement of the product by THE MOMS CO. or any of its associates in any manner.

6. PRODUCT USE

The products available on the Site, and the samples, if any, that THE MOMS CO. may provide you, are for your personal and/or professional use only. The products, or samples thereof, which you may receive from us, shall not be sold or resold for any/commercial reasons. In case any products purchased / received / availed causes side effects or doesn’t suit you, please note that THE MOMS CO. is in no manner responsible for any manufactural side-effects and manufacturer of the product shall be solely responsible for such side effects and consumer complaints. You should consult a specialist before the use of the same.

If you are on any medication which can affect the skin, if you suffer from any skin related disorder, or if you have a condition which may affect the skin, then check with your doctor first before application of any product. Before every use, TEST YOUR SKIN REACTION by applying and removing the product to a small part of the area you wish to treat, preferably on the inside of your wrist, following the directions for use. If after 24 HOURS there is no adverse reaction, you can continue to use the Product. However, if you experience any kind of discomfort during use, then remove the product immediately and rinse thoroughly with cold water. If a burning sensation persists, seek medical advice.

7. PRICING INFORMATION

(a) THE MOMS CO. strives to provide accurate product and pricing information, however errors may occur.

(b) THE MOMS CO. cannot confirm the price of the product until you make the order. Without limiting the generality of Clause 8 (Cancellations, Refunds and Returns) below, if a product is listed at an incorrect price or with incorrect information due to any technical error, THE MOMS CO. shall have the right, at its sole discretion, to refuse or cancel any orders placed for that product, unless the product has already been delivered has already been availed by you. In the event that an item is wrongly priced, THE MOMS CO. may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Unless the product ordered by you has been delivered are availed, your offer will not be deemed accepted and THE MOMS CO. will have the right to modify the price of the product and contact you for further instructions using the e-mail address provided by you during the time of registration or placing of order, or cancel the order and notify you of such cancellation. In the event that THE MOMS CO. accepts your order the same shall be debited to your credit card account and duly notified to you by email or text message on your registered mobile number or through any other suitable mode of communication that the payment has been processed. The payment may be processed prior to THE MOMS CO.’s dispatch of the product that you have ordered. If we have to cancel the order after we have processed the payment, the said amount will be reversed to your credit / debit card account.

PRICES AND AVAILABILITY OF THE PRODUCTS PROVIDED OR OFFERED ON THE SITE ARE SUBJECT TO CHANGE WITHOUT PRIOR NOTICE AND AT THE SOLE DISCRETION OF THE MOMS CO..

THE MOMS CO. may revise and cease to make available any product at anytime. In the event, THE MOMS CO. is unable to deliver the product to you on time or at all, you will be notified by an e-mail and your order will be automatically cancelled due to unavailability of the product or at your instructions due to failure to deliver the product on the expected time of delivery by our delivery partners. THE MOMS CO. shall not be liable to pay for any damages in such an event owing to cancellation of the order or delay in delivery.

8. SHIPPING AND DELIVERY

Please refer to our Shipping and Delivery Policy provided on our Site. You agree and understands that the Company shall not be responsible in any manner whatsoever for (i) delivery of the Product(s) at a wrong address furnished by you; (ii) any loss and/or damage to you due to incorrect, incomplete and/or false information furnished by you; or any deficiency in payment of consideration payable towards the Product(s) purchased on the site.

9. MODE OF PAYMENT

Payments for the products available on the Site may be made in the following ways:

Payments can be made by Credit Cards, Debit Cards, Net Banking, Wallets, e-Gift cards, Cash on Delivery and The Moms Co. M Cash
Credit card, Debit Card and Net Banking payment options are instant payment options and recommended to ensure faster processing of your order.
COD is available on all orders
The Moms Co. reserves the right to disable COD option for the user, if any anomalies are observed.

You shall be entitled to use his/her valid credit/debit and/or any other payment cards, net banking facility or cash to make payment of the Products purchased from the Site. You undertake and confirms that he/she shall furnish at his/her own risk correct, complete and accurate details of credit/debit and/or any other payment cards, net banking accounts and shall be solely responsible for any cost, expense, loss and/or damage which may be suffered by him/her due to furnishing of wrong details/information relating to his/her credit/debit and/or any other payment cards or net banking accounts. In the event of any data theft, the Company shall not be liable for the same.

You expressly agree and declares that the Company shall not be liable for the loss of any nature whatsoever including without limitation indirect, consequential, special and/or incidental damages to you arising, directly or indirectly, out of decline of authorization for any transaction, resulting from you exceeding his/her present permissible payment limit under the credit/debit and/or any other payment cards and/or net banking accounts.

The Company confirms that the details provided by you in this regard shall be kept confidential and shall not be disclosed to any third party except to the extent required under the rules of any stock exchange and/or by applicable laws, regulations and/or processes of any government authority and/or in connection with any judicial process regarding any legal action, suit and/or proceeding arising out of and/or relating to this Agreement. In the event of any data theft, the Company shall not be liable for the same.

10. CHAT FUNCTIONALITY

The Chat Functionality has been provided to help you with any and all Site related queries. Any use of this service shall be subject to the following conditions:

THE MOMS CO. may suspend the chat service at any time without notice.
THE MOMS CO. or its executives are not responsible for any delay caused in attending to or replying to the queries via chat.
Communication through chat may be stored by THE MOMS CO. for future reference, and the user of such service will not have the right to access such information at any future date.
While 'chatting' you may not communicate any objectionable information i.e. unlawful, threatening, abusive, defamatory, obscene information.
The chat room shall not be used to sell any products, to give suggestion on business opportunity or any other form of solicitation.
You may proceed further and chat with our online customer care executive only if you agree to the above terms and conditions.

11. USER CONTENT

The information, photo, image, chat communication, text, software, data, music, sound, graphics, messages, videos or other materials transmitted, uploaded, posted, emailed or otherwise made available to us ("User Content"), are entirely your responsibility and we will not be held responsible, in any manner whatsoever, in connection to the User Content. You agree to not encourage or assist or engage others as well as yourself in transmitting, hosting, displaying, uploading, modifying, publishing transmitting, updating or sharing any information that

belongs to another person and to which the user does not have any right to;
is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
harm minors in any way;
infringes any patent, trademark, copyright or other proprietary rights;
violates any law for the time being in force;
deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
impersonate another person;
contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation. THE MOMS CO. shall in no way be held responsible for examining or evaluating User Content, nor does it assume any responsibility or liability for the User Content. THE MOMS CO. does not endorse or control the User Content transmitted or posted on the Site by you and therefore, accuracy, integrity or quality of User Content is not guaranteed by THE MOMS CO.. You understand that by using the Site, you may be exposed to User Content that is offensive, indecent or objectionable to you. Under no circumstances will THE MOMS CO. be liable in any way for any User Content, including without limitation, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred by you as a result of the use of any User Content transmitted, uploaded, posted, e-mailed or otherwise made available via the Site. You hereby waive all rights to any claims against THE MOMS CO. for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with User Content.

You hereby acknowledge that THE MOMS CO. has the right (but not the obligation) in its sole discretion to refuse to post or remove any User Content and further reserves the right to change, condense, or delete any User Content. Without limiting the generality of the foregoing or any other provision of these Terms and Conditions, THE MOMS CO. has the right to remove any User Content that violates these Terms and Conditions or is otherwise objectionable and further reserves the right to refuse service and/or terminate accounts without prior notice for any users who violate these Terms and Conditions or infringe the rights of others.

We would be using user's content including textual, photographic, video graphic content and social account for displaying on our website, advertisements, retail stores, etc as- it-is or with modifications wherever user has provided the necessary consents. User can request us to take down his content by contacting us on customer support.

If you wish to delete your User Content on our Site or in connection with our mobile applications, please contact us by email at care@themomsco.com and request you to include the following personal information in your deletion request: first name, last name, user name/screen name (if applicable), email address associated with our Site and/or mobile applications, your reason for deleting the posting, and date(s) of posting(s) you wish to delete (if you have it). We may not be able to process your deletion request if you are unable to provide such information to us. Please allow up to 30 business days to process your deletion request.

12. LIMITED LICENSE

THE MOMS CO. grants you limited, non-exclusive, non-transferable, non-sublicensable license to access, and make personal and non commercial use of the Site. All rights not expressly granted to you in these Terms of Use, are reserved and retained by the Site and its affiliates.

THE MOMS CO. reserves the right, at any time, without notice, and at its sole discretion, to terminate your license to use the Site and to block and prevent your future access the Site.

13. INTELLECTUAL PROPERTY RIGHTS

The "The Moms Co." name and logo and all related product names, design marks and slogans are the trademarks, logos or service marks (hereinafter referred to as "Marks") of THE MOMS CO.. All other Marks provided on the Site are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this Site. Access to this Site does not authorize anyone to use any Marks in any manner. Marks displayed on this Site, whether registered or unregistered, of THE MOMS CO. or others, are the intellectual property of their respective owners, and THE MOMS CO. shall not be held liable in any manner whatsoever for any unlawful, unauthorized use of the Marks. THE MOMS CO. and its suppliers and licensors expressly reserve all the intellectual property rights in all text, programs, products, processes, technology, content, software and other materials, which appear on this Site, including its looks and feel. The compilation (meaning the collection, arrangement and assembly) of the content on the Site is the exclusive property of THE MOMS CO. and are protected by the Indian copyright laws and International treaties. Consequently, the materials on this Site shall not be copied, reproduced, duplicated, republished, downloaded, posted, transmitted, distributed or modified in whole or in part or in any other form whatsoever, except for your personal, non-commercial use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying, reproducing, duplicating, republishing, posting, transmitting, distributing or modifying. All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips, downloads, video clips and written and other materials that are part of this Site (collectively, the "Contents") are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. We also grant you a limited, revocable, non-transferable, and non- exclusive license to create a hyperlink to the home page of the Site for personal, non- commercial use only. The Contents and software on this Site are to be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, re-publication, display, or performance, of the Contents on this Site is strictly prohibited. Unless THE MOMS CO. explicitly provides to the contrary, all Contents are copyrighted, trademarked, trade dressed and/or other intellectual property owned, controlled or licensed by THE MOMS CO., any of its affiliates or by third parties who have licensed their materials to THE MOMS CO. and are protected by Indian copyright laws and international treaties.

14. REPRESENTATIONS AND WARRANTIES

This Site is provided to you "AS IS". We make no representations regarding the use of or the result of the use/depiction of the Contents on the Site in terms of their correctness, accuracy, reliability, or otherwise. THE MOMS CO. shall not be liable for any loss suffered in any manner by the user as a result of depending directly or indirectly on the depiction of the Content on this Site.

You acknowledge that this Site is provided only on the basis set out in the Terms of Use. Your uninterrupted access or use of this Site on this basis may be prevented by certain factors outside our reasonable control including, without limitation, the unavailability, inoperability or interruption of the internet or other telecommunications services or as a result of any maintenance or other service work carried out on this Site.

THE MOMS CO. shall have the right, at any time, to change or discontinue any aspect or feature of the Site, including, but not limited to, content, hours of availability and equipment needed for access or use. Further, the Site may discontinue disseminating any portion of information or category of information. THE MOMS CO. does not accept any responsibility and will not be liable for any loss or damage whatsoever arising out of or in connection with any ability/inability to access or to use the Site.

THE MOMS CO. through the Site intends to provide its users with general information about beauty related services and products. The Site encourages its users to interact with THE MOMS CO. and its employees by asking questions that enables the user to obtain information of a general nature pertaining to beauty and healthcare topics. The postings on the Site or on social networking sites, including the Site’s Facebook page, or any information provided over chat or e-mails exchanged with THE MOMS CO., its employees or representatives (collectively referred to as "Information") which are in furtherance of any communication made by the user with THE MOMS CO., its employees or representatives is based on the background provided by the user. The Information is not intended to constitute personal medical suggestion or be used for any medical diagnosis or treatment. While THE MOMS CO. takes reasonable care to ensure that the Information is accurate, THE MOMS CO. makes no representation and takes no responsibility for the accuracy, completeness, appropriateness or usefulness of the Information. For any specific medical conditions or issues, users are advised to seek opinion from a certified medical practitioner. In the event any user relies on the Information provided by THE MOMS CO. or its representatives/ employees, he/she may do so at its own risk. Under no circumstances will THE MOMS CO., its employees, representative or affiliates be liable for the Information or the consequences of relying on such Information. In keeping with THE MOMS CO.'s objective of providing its users with general information about beauty and healthcare topics and products, THE MOMS CO. engages experts having knowledge of in their respective fields ("Experts") to respond to queries posted by users. Any information provided by the Experts, either over the Site, through e-mails, chat rooms or on social networking sites, including the Site's facebook page (collectively referred to as "Expert's Opinion") is based on the Expert’s personal opinion. The Expert's Opinion is not intended to constitute personal medical suggestion or be used for any medical diagnosis or treatment. THE MOMS CO. makes no representation and takes no responsibility for the accuracy, completeness, appropriateness or usefulness of the Expert's Opinion. In case any user relies on such Expert's Opinion, he/she may do so at its own risk. Under no circumstances will the The Moms Co. Company, its employees, representative or affiliates be liable for such Expert's Opinion or for the consequences of relying on such Expert's Opinion.

For any general information posted on the Site, users must not infer or assume that such information necessarily applies to them.

15. DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY

THE SITE IS PRESENTED "AS IS." NEITHER WE NOR OUR HOLDING, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS AND CONDITIONS OR THE SITE OR ANY OF THE CONTENT, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, EXCEPT TO THE EXTENT SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE.

YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER WE NOR OUR HOLDING, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS WILL BE RESPONSIBLE OR LIABLE (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE) UNDER ANY CIRCUMSTANCES FOR ANY (a) INTERRUPTION OF BUSINESS; (b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE SITE; (c) DATA NON-DELIVERY, LOSS, THEFT, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (d) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF OFF-WEBSITE LINKS ON THE SITE; (e) VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE SITE, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY WEBSITES; (f) ANY INACCURACIES OR OMISSIONS IN CONTENT; OR (g) EVENTS BEYOND THE REASONABLE CONTROL OF THE MOMS CO.. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT DEFECTS OR ERRORS WILL BE CORRECTED.

FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER WE NOR OUR SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE SITE OR YOUR USE THEREOF REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED.

YOU AGREE THAT NO CLAIMS OR ACTION ARISING OUT OF, OR RELATED TO, THE USE OF THE SITE OR THESE TERMS AND CONDITIONS MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION RELATING TO SUCH CLAIM OR ACTION AROSE. IF YOU HAVE A DISPUTE WITH US OR ARE DISSATISFIED WITH THE SITE, TERMINATION OF YOUR USE OF THE SITE IS YOUR SOLE REMEDY. WE HAVE NO OTHER OBLIGATION, LIABILITY, OR RESPONSIBILITY TO YOU.

This disclaimer constitutes an essential part of this Terms of Use.

16. LINKS AND THIRD PARTY SITES

References on the Site to any names, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to you. This does not in any way constitute or imply THE MOMS CO. endorsement, sponsorship or recommendation of the third party, information, product or service or any association and relationship between THE MOMS CO. and those third parties.

THE MOMS CO. is not responsible for the content of any third party sites and does not make any representations regarding the content or accuracy of material on such sites. If you decide to link to any such third party websites, you do so entirely at your own risk. THE MOMS CO. do not assume any responsibility for examining or evaluating the offerings of the off-websites pages or any other websites linked from the Site. We shall not be responsible for the actions, content, products, or services of such pages and websites, including, without limitation, their privacy policies and terms and conditions. You should carefully review the terms and conditions and privacy policies of all off-website pages and other websites that you visit via the Site.

17. INDEMNITY

You agree to defend, indemnify and hold harmless THE MOMS CO., its employees, directors, officers, agents and their successors and assigns, its holding, subsidiaries, affiliates, partners, or licensors from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to THE MOMS CO. or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfilment of any of your obligations under the Terms of Use, or arising out of the your violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of the Terms of Use.

18. TERMINATION

These Terms of Use are effective unless and until terminated by either you or THE MOMS CO.. You may terminate the Terms of Use at any time, provided that you discontinue any further use of this Site. THE MOMS CO. may terminate the Terms of Use at any time and may do so without notice, and accordingly deny you access to the Site, such termination will be without any liability to the Site.

Upon any termination of the Terms of Use by either you or THE MOMS CO., you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the Terms of Use or otherwise. Any such termination of the Terms of Use shall not cancel your obligation to pay for the product already ordered from the Site or affect any liability that may have arisen under the Terms of Use.

19. GOVERNING LAW AND JURISDICTION

The Terms of Use and the Policies shall be construed in accordance with the applicable laws of India. For proceedings arising therein the Courts at Mumbai shall have exclusive jurisdiction.

Any dispute or difference either in interpretation or otherwise, of the Terms of Use and other Policies on the Site, between the parties hereto, shall be referred to an independent arbitrator who will be appointed by mutually and his decision shall be final and binding on the parties hereto. The above arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996 as amended from time to time. The seat of arbitration shall be held in Mumbai.

Without any prejudice to particulars listed in Clause 13 above, THE MOMS CO. shall have the right to seek and obtain any injunctive, provisional or interim relief from any court of competent jurisdiction to protect its trade-mark or other intellectual property rights or confidential information or to preserve the status quo pending arbitration.

20. ENTIRE AGREEMENT

If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Use shall continue to be in effect. Unless otherwise specified herein, these Terms of Use constitutes the entire agreement between you and THE MOMS CO. with respect to the Site/services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written.

THE MOMS CO.'s failure to act with respect to a breach by you or others does not waive its right to act with respect to the breach or subsequent and similar breaches

21. SITE SECURITY

You are prohibited from violating or attempting to violate the security of the Site, including, without limitation,

accessing data not intended for you or logging onto a server or an account which you are not authorized to access;
attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding," "spamming," "mail bombing" or "crashing;"
sending unsolicited email, including promotions and/or advertising of products; or
forging any header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability THE MOMS CO. is entitled to investigate occurrences that may involve such violations and may involve, and co-operate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from THE MOMS CO. on this Site and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer).

22. GENERAL

You acknowledge and hereby agree to these Terms and Conditions and that it constitute the complete and exclusive agreement between us concerning your use of the Site, and supersede and govern all prior proposals, agreements, or other communications. Our glamm coins policy is available at https://themomsco.com/glammclub-policy. However, the Terms of Use in as much as the same are not inconsistent with the policy pertaining to glamm coins shall continue to apply to the glamm coins. We reserve the right, in our sole discretion, to change/ alter/ modify these Terms and Conditions at any time by posting the changes on the Site. Any changes are effective immediately upon posting to the Site. Your continued use of the Site thereafter constitutes your agreement to all such changed Terms and Conditions. We may, with or without prior notice, terminate any of the rights granted by these Terms and Conditions. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Site.

Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between us. Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable arbitral award or court decision, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole but these Terms and Conditions shall be modified, to the extent possible, by the adjudicating entity to most fully reflect the original intent of the parties as reflected in the original provision. The headings in the Terms and Conditions are for convenience only and shall not be used in its interpretation.

If you have any questions regarding these Terms and Conditions, please email us at care@themomsco.com

23. SAMPLING

1. The Sampling is restricted to a maximum of 3 samples per order.
2. A single customer can order up to a maximum of 3 Free Samples only.
3. The order of a Free Samples cannot be combined with a purchase of full size products. For any other purchase, a separate order must be placed from the same account.
4. The Moms Co. Reserves the right to change/modify/add/delete any of the terms and conditions prevailing on the Free Trial promotion and at its discretion, can withdraw limit the same from time to time.

24. PAYMENT POLICY

Please see our Payment Policy to understand the purchase processes of our products.

All international shipping orders may attract local duties applicable in that country and accordingly the customer will have to pay such local duties/taxes.

25. CONTACT INFORMATION:

Customer Service Desk

E-mail id: care@themomsco.com

Phone:+91-11-4309-2112

Grievance Officer

In accordance with Information Technology Act 2000 & compliance with the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 and rules made there under, the name and contact details of the Grievance Officer are provided below:

Name: Ritika Bhatia

Designation: Project Manager

Address: Sanghvi House, 105/2, Shivajinagar, Pune- 411 005

Email: care@themomsco.com

Phone: 02248913663

Time: Mon - Fri (9:00am - 6:00pm)

Nodal Officer

Name: Alpesh Jain

Designation: Vice President Technology

Address: Sanghvi House, 105/2, Shivajinagar, Pune- 411 005

Email: care@themomsco.com

Phone: 02248913663

Time: Mon - Fri (9:00am - 6:00pm)