Introduction
Welcome to the www.themomsco.com ("Website"), a website owned and operated by VLPCPL ECOMMERCE PVT LTD (referred to as "we", "our" or "us" in these Terms of Use). Please read these Terms of Use carefully before using this Website.
Who are we?
We are VLPCPL ECOMMERCE PVT LTD. 5th Floor, Gulf Adiba, Plot Number 272, Udyog Vihar, Phase – II, Gurugram, Haryana – 122008. We have identified ourselves to you, and given our contact details, on the Website in connection with which you have been guided here and in our The MOMsco Terms & condition.
How do you accept these terms?
By using the Website, you confirm that you accept these terms of use ("Terms"). These are important provisions relating to your use of the Website: you should read them before using the Website as they are binding on you.
Limits of liability
By using the Website, you accept certain limits of liability, which we explain throughout these Terms. In summary: you use the Website at your own risk; we do not assume any liability or make any warranties (express or implied) with respect to it or your use of it.
Further terms
If you wish to use certain sections of this Website or take advantage of any loyalty programmes we may offer to you through it, there may be other terms and notices you will need to be aware of. If this is the case, such terms and notices will be brought to your attention and in some situations, you may be required to read and confirm your acceptance of any such items before continuing.
Changes to these Terms
We may amend these Terms from time to time, however we will notify you of any material changes to the Terms. Every time you wish to use the Website, please check the Terms to ensure you understand the terms that apply at that time. The date at the top of this page shows when these Terms were last updated.
Use of the Website
To set up an account for the Website, you must give us some personal information to enable us to verify your eligibility to use it. Typically, this will be your name, your age, your country of residence and e-mail address/telephone number. We will store and use the information you provide us with in accordance with our Privacy Policy.
It’s important for you to provide us with accurate, complete and up to date information for your account. You agree to keep it accurate, complete and up to date. You agree that you won’t disclose your account password to anyone. You’re responsible for all activities that occur under your account, whether or not you know about them.
You may not use anyone else’s password or account. You may not attempt to gain unauthorized access to the Website. Should you attempt to do so, assist others to do so, or distribute instructions, software or tools for that purpose, we will close your account. If anyone other than you uses your account, we may suspend or terminate your account (see the section entitled "Modification and suspension of the Website" below). You must promptly notify us of any unauthorized use of your username, password or other account information, or of any other breach of security of which you become aware that involves your account or the Website.
3. Modification and suspension of the Website
We reserve the right to modify, suspend, or terminate operation of or access to the Website, or any portion of it, at our discretion. For example, we may terminate the operation of the Website for users if we have reason to believe that the Website is being used by someone who is not an Intended User.
We may also update the Website and change the content at any time. Although we make reasonable efforts to update the information on the Website, note that any content on it may be out of date at any given time, and we are under no obligation to update it.
We may also interrupt the regular operation of the Website, or any portion of it, as necessary to perform routine or non-routine maintenance, to correct errors, or to make other changes.
4. Use of the Website and Materials
The MOMsco is the owner of the intellectual property rights, inclusive of copyright, in the materials contained on the Website, and no use, reproduction, adaptation, publication, distribution or transmission of such materials is permitted without permission from The MOMsco. Further, you agree to not directly or indirectly copy, reproduce, transmit, publish, display, distribute, remove, obscure, commercially exploit or otherwise alter any proprietary notices appearing on any content on the Website, including copyright, trademark, or create any derivate works in relation to any material or content on the Website.
5. Third Party Links
The Website may include links to third party websites. These links are provided for your convenience only. As we have no control over such websites, and we do not review them, please note that:
we do not endorse them, we are not responsible for them, and we make no promise in relation to them: in particular we are not responsible for the terms on which such websites are made available or their privacy practices, their availability, their content, advertising, products, or other materials, services or information on or available from them; and if you access any such websites, you do so at your own risk.
You may not frame, link or deep-link to the Website, or to any other website.
6. Privacy and cookies
To the extent that on the Website we collect any personal information about you, we will collect and process it in accordance with our Privacy Policy and these Terms. Please read our Privacy Policy to find out more about what personal information we collect about you, how we use it, with whom we share it, how we protect it, your rights and how you can exercise them.
This Website also uses cookies and similar technologies to collect certain visitor information automatically. To learn more about such technologies (including Google analytics cookies), how we use them, and how you can accept or refuse them, please see our Cookie Preferences.
You should review our Privacy Notice and Cookie Preferences before using the Website and, like these Terms, we may change them at any time, however we will notify you for any material changes we make.
7. Disclaimer
Although we do our best to provide an informative Website that you will enjoy using, unless we have expressly set out to the contrary in these Terms, the Website is made available to you on an "as is" basis. Also: it is your responsibility – not ours – to ensure that the Website is suitable for your intended purposes when you use it; we accept no liability to you in respect of the Website (subject to the paragraph on "Limit of Liability" below); and we accept no liability as to the suitability or fitness of the Website in meeting your needs and, to the fullest extent permitted by law, we exclude all express or implied promises and warranties, including: that the Website, or any content contained in or delivered via the Website or otherwise made available in connection with the Website, is accurate, complete, timely, up-to-date, suitable, or will operate in an error-free manner; that access to the Website will be uninterrupted, or error-free; and that the Website, or the computer systems from which the Website is made available, are free of viruses or other harmful components.
User Generated Content
You may be permitted to post, upload, transmit through, or otherwise make available through the Website product reviews, comments, feedback, and suggestions (collectively, User Content). Subject to the rights and license you grant the us herein, you retain all right, title and interest in your User Content. It is your sole responsibility to monitor and protect any intellectual property rights that you may have in your User Content, and we do not accept any responsibility for the same.
You hereby represent and warrant that you shall not submit or upload any User Content to the Website that violates or infringes any third-party intellectual property rights (which includes patent, trademark, copyright or any other proprietary right). You are solely liable for any damage resulting from such violation or infringement of third-party rights, or from any other harm resulting from User Content that you submit or upload on the Website.
You confirm and undertake that you will not host, display, upload, modify, publish, transmit, update or share any User Content that: belongs to any other person over which you don’t have any right; is obscene, pornographic, paedophilic, invasive of another’s privacy, including bodily privacy, insulting or harassing on the basis of gender, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or promoting enmity between different groups on the grounds of religion or caste with the intent to incite violence; encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violates any law; is harmful or inappropriate for minors in any manner whatsoever; deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any misinformation or information which is patently false and untrue or misleading in nature; impersonates another person; violates any state, central, international laws; infringes any patent, trademark, copyright or other proprietary rights; 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 cognisable offence or prevents investigation of any offence or is insulting other nation; contains software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource; violates any law for the time being in force.
You further represent and warrant that the User Content submitted by you to the Website is not subject to any confidentiality obligations. By submitting or uploading the User Content on the Website, you expressly grant us a worldwide, royalty-free, perpetual, irrevocable and freely transferable license to use, copy, distribute, display, make derivative copies, and modify the User Content without any restrictions. You also agree that such license will not revert to you due to any non-utilization of the User Content by us. You also agree to grant us the right to use the name that has been submitted with the User Content, in connection with such User Content. However, all such uses will be consistent with the terms of the Privacy Notice.
Notwithstanding the generality of the foregoing, we reserve the right to display advertisements in connection with your User Content and to use your User Content for advertising, marketing, promotional, and other commercial purposes. You acknowledge and agree that your User Content may be included on the websites and advertising networks of our third-party partners, such as distribution partners, marketing partners, accounts etc.
We have the right, but not the obligation, to monitor User Content. We have the right, in our sole discretion and for any reason whatsoever, to edit, refuse to post, remove, or disable access to any User Content.
9. Viruses
We do not guarantee that our Website will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access our Website. You should use your own virus protection software. You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Information Technology Act, 2000 or its underlying rules and regulations (as may be updated from time to time). We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.
10. Limitation of Liability
To the fullest extent permitted under applicable laws, we will not be liable to you for any loss or damage arising out of your use of the Website in breach of these terms, or caused by technologically harmful material or actions (such as a virus or a distributed denial-of-service attack) that may affect your computer equipment, computer programs, data or other material in connection with your use of our Website or on any website linked to it.
You acknowledge and agree that the operation of the Website is dependent upon the proper and effective functioning of the internet and other third party equipment and services (including your own device or web browser), and that we do not guarantee, and will not be liable for, these in any way.
We will not be liable for any special, indirect, punitive or consequential losses or damages, or any loss of data, profits, revenues, business, or goodwill.
If you cause a technical disruption of the Website or the systems transmitting the Website to you or others, you agree to be responsible for all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from that disruption.
11. Jurisdiction and Governing Law
The laws of India (the "Jurisdiction") shall govern these Terms and your use of the Website. You irrevocably consent to the exclusive jurisdiction of the courts of Mumbai. The Website has been designed to comply with the laws of the Jurisdiction.
12. Other important rights that we have under these Terms
We may transfer our rights and obligations under these Terms to another organization, but this will not affect your rights under these Terms.
If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our right to enforce any such failure against you, or that you do not have to comply with those obligations. If we do decide to waive our right to enforce a default or breach of these Terms by you, we will do so only in writing.
Each of the paragraphs of these Terms operates separately. This means that if any court or relevant authority decides that any of them are unlawful, illegal, or unenforceable, the remaining paragraphs will remain in full force and effect.
These Terms are not intended to give rights to anyone except you and us.
13. How to Contact Us
For any queries related to
(a) these Terms
(b) the content contained on the Website, or
(c) for any grievances you may want to report, please contact our grievance officer.
Nodal Officer Name - Sahiba Goel
Email - hello@themomsco.com
Call - 011-411-70103
14. OFFERS & PROMOTIONS
The MOMsco runs some time to time promotions to drive customer acquisitions. We offer some samplers/ Freebies/ Complimentary items from time to time to our shoppers. These items are limited to 1 unit per customer. Minimum shopping value may be also applicable. The MOMsco reserves to cancel all those orders where the customer has been able to get more than 1 unit of sampler/ Freebie/ Complimentary item or not meeting the minimum cart value for the same even after the order acceptance. Customers would be refunded the paid amount in case of pre-payment. The MOMsco reserves the right to cancel, accept and cancel any order even after the acceptance without stating any reason to the customer.