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TERMS OF SERVICE

Last updated on March 10, 2017

PLEASE READ THE FOLLOWING TERMS OF SERVICE CAREFULLY BEFORE USING THIS WEBSITE.

In order to enjoy all the benefits of the Site, you must register and become a member. Though, you may visit the Site without registering. All users of this site agree that access to and use of this website is subject to the stated terms and conditions and other applicable laws.

You agree that while using this site and at the time of registering for membership, you are at least 18 years of age, or if a minor , you are visiting under the supervision of a parent or guardian, and are legally able to enter into a contract.

It is your responsibility to review these Terms of Service periodically. We may revise these Terms of Service at any time without any prior notice to you. If you do not agree to these terms and conditions, please do not use or visit the Site any further.

Website

We grant you a limited license to access and use the Site for your personal use, and to copy, distribute and transmit the content of this Site only to the extent that such copying, distribution and transmission is automatically done through your browser software incidentally to using the Site for your personal use. This license does not include any resale or commercial use of this Site or its contents; any collection and use of any product listings or descriptions; any derivative use of this Site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots or data gathering and extraction tools.

Except as permitted above, this Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, visited or otherwise exploited for any commercial purpose without express written consent of The Amishi Consumer Technologies Private Limited. You may not use any meta tags or any other "hidden text" utilizing The Moms Co. name or trademarks without the express written consent of The Amishi Consumer Technologies Private Limited. Any unauthorized use or misuse of the content terminates the permission or license granted by The Amishi Consumer Technologies Private Limited.

We reserve the right to change any information, features and functions of the Site without prior notice. We may refuse service, cancel orders, terminate accounts and/or deny access to any or all parts of this Site if you are found to be engaged in any conduct or activities that we determine, in our sole discretion, in a violation to these Terms of Service, our rights or the rights of any third party. Use of the Site for any illegal or unauthorized purpose is strictly prohibited. We reserve the right to cancel orders due to suspected fraudulent activity in our sole discretion. The sale or linking of our products on or to any third party e-commerce Site, marketplace or mobile application without our specific written consent is strictly prohibited.

Registration and Membership

To register and become a member of our Site, complete the user survey, use your valid email address and create a password to register your profile. You may also login or create an account using Facebook or Google. If at any time you no longer want to access The Moms Co. via a third party application, please go to your application permissions in your personal profile and edit your preferences. Facebook, Google and alike are considered third party sites as per the definition outlined in this agreement.

Each time you use your password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with these Terms of Service and The Moms Co. has no obligation to investigate the authorization or source of any such access or use of the Site.

YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS SITE BY ANYONE USING YOUR PASSWORD AND IDENTIFICATION WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS SITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING, WITHOUT LIMITATION, FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE.

You are solely responsible for protecting the security and confidentiality of your password and identification. You shall immediately notify us of any unauthorized use of your password or identification or any other breach or threatened breach of this Site's security.

At the time of your first order, you shall be requested shipping and payment information. You agree that we may update your payment information with the details that your bank or credit card issuer may supply, or other information available to us. All such personal information is subject to our Privacy Policy, which is hereby incorporated into these Terms of Service.

As a member, you agree to receive emails promoting any special offer(s), including third party offers. We may also send you our monthly newsletter from time to time.

To cancel your membership, update your order details or report any suspicious activity on your account, please call The Moms Co. Support at (+91) 011-3313-8120; Monday - Friday 10AM - 5PM (IST).

Pricing

While we strive to provide an accurate product and pricing information , pricing or typographical errors that occurs. We cannot confirm the price of a product until after you order. In the event that a product is listed at an incorrect price or with incorrect information due to an error in pricing or product information, we shall have the right, at our sole discretion , to refuse or cancel any orders placed for that product , unless the product has already been dispatched. In the event that an item is mis-priced, we may , at our sole-discretion, either contact you for instructions or cancel your order and notify you of the same. Unless the product ordered by you has been dispatched , your offer will not be deemed accepted and we will have the right to modify the price of the product and contact you for further instructions using the email-address or the contact number provided by you during the time of registration or cancel the order and notify you of such cancellation. In the vent we accept your order the same shall be debited to your credit/debit card account and duly notified to you by the email or the contact number , as the case may be, that the payment has been processed.

Our promotional offers/discounts are not sitewide and are limited to selected categories. Coupon codes may not be applicable on categories like… or such other product or services as may be determined by us in our sole discretion.

Subscription Process

As a member, you may order a Trial or select and purchase a Bundle offered by The Moms Co., subject to the terms below

Trials

A Trial contains samples of The Moms Co. products and allows you to try them before purchasing a full Bundle. Depending on your selection, your trial will contain a travel size The Moms Co. Natural Body Wash, The Moms Co. Natural Body Lotion, The Moms Co. Natural Foot Cream, The Moms Co. Natural Body Butter. OneTry Before You Buy trials are free, but there is a shipping and handling fee of Rs. 99 only.

 

Billing and Payments

We accept debit card, credit card, COD or netbanking payments. We accept the following bank or credit cards: Visa, MasterCard and American Express. For your convenience, we will save your bank or credit card information with our payment provider.

 

We and our third party payment service providers may request, and we may receive, updated credit card information from your credit card issuer, such as updated card numbers and expiration date information when your credit card has expired. If such updated information is provided to us and our third-party payment service providers, we will update your account information accordingly, and will automatically use such updated information to process payments for your future purchases and subscriptions. Your credit card issuer may give you the right to opt out of providing vendors and third-party payment service providers with your updated credit card information. If you wish to opt out of your credit card’s updating service, you should contact your credit card issuer.

We are not responsible for any fees or charges that your bank or credit card issuer may apply. If your bank or credit card issuer reverses a charge to your credit card, we may bill your account directly and seek payment by another method including a mailed statement.

The risk of loss and title for items purchased by you passes to you upon our delivery of the items to the carrier. Replacement of products and credits to your account for shipped merchandise claimed as not received are subject to our investigation, which may include postal-service notification. We will adjust your account at our discretion.

If you would like to exchange or return a product, please contact The Moms Co support at +91-11-3313-8120.

Due to safety concerns, we accept no returns.

Warranty Disclaimer

EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED, THE SITE AND THE PRODUCTS OFFERED ON THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTIES OF ANY KIND, UNLESS SPECIFICALLY SET FORTH OTHERWISE. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE MOMS CO. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE MOMS CO. DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED ON THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE DEFECTS WILL BE CORRECTED OR THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE MOMS CO. DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. APPLICABLE LAW MAY NOT ALLOW LIMITATIONS OR EXCLUSIONS ON WARRANTIES SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of Liability

THE MOMS CO. SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE OR MATERIALS LISTED ON THE SITE, EVEN IF THE HONEST COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Typographical Errors

In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, we have the right to refuse or cancel any orders placed for product listed at the incorrect price, whether or not the order has been confirmed and your bank or credit card charged. If your bank or credit card has already been charged for the purchase and your order is canceled, we will immediately issue a credit to your bank or credit card account in the amount of the charge.

Copyright

The technology underlying the Site and the entire contents of the Site including, but not limited to, text, graphics, images, audio clips, digital downloads, data compilation or code is copyrighted as a collective work under the India and other copyright laws, and is the property of Amishi Consumer Technologies Private Limited and protected by copyright and other intellectual property or proprietary rights. The collective work includes works that are licensed to Amishi Consumer Technologies Private Limited. © 2016-2017. The Moms Co. All rights reserved.

Trademarks

All trademarks, service marks and trade names of The Moms Co. on the Site are trademarks or registered trademarks of Amishi Consumer Technologies Private Limited or their respective owners.

Indemnification

You agree to indemnify, defend and hold harmless The Moms Co, its officers, directors, employees, agents, licensors and suppliers from and against all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms of Service, or any activity related to use of the Site (including negligent or wrongful conduct) by you or any other person accessing the Site using your Internet account.

Privacy

Registration data and certain other information about you are subject to our Privacy Policy, which is incorporated herein by this reference. You understand that the technical processing and transmission of this Site may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. For more information, see our privacy policy at www.themomsco.com/privacy.

Third-Party Links and Sites

This Site may link to other websites operated by third parties. We have no control over these linked sites, each of which have separate privacy and data collection practices independent of The Moms Co. We are not responsible for and do not endorse or accept any responsibility for the availability, contents, products, services or use of any third party site, any website accessed from a third party site or any changes or updates to such sites. These linked sites are only for your convenience and therefore you access them at your own risk. You acknowledge that you bear all risks associated with access to and use of content provided on a third party site and agree that we are not responsible for any loss or damage you may incur from dealing with such a third party site. You should contact the site administrator for the applicable third party site if you have any concerns regarding such links or the content located on any such third party site.

Submissions

We welcome your feedback and comments regarding our products and services. However, we cannot accept or consider creative ideas, suggestions or materials, and we ask that you not submit any creative ideas, suggestions or materials of any kind to us. We hope you will understand that it is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by The Moms Co. or its partners’ professional staff might seem to others to be similar to their own creative work. Accordingly, we ask that you not send us any original creative materials of any kind, including show designs, photographs, drawings or original artwork. If you send us creative ideas, suggestions or materials of any kind despite our request not to do so (an "unsolicited submission"), you acknowledge and agree that we may treat the unsolicited submission to be non-confidential and non-proprietary in each instance and in all respects.

From time to time, we may solicit creative ideas, suggestions or materials from users of our Site or blog. If you at any time send, provide us with or post creative ideas, suggestions or any other materials in response to our request (each, a "requested submission" and together with unsolicited submissions, "submissions"), you acknowledge and agree that we may treat the requested submission as non-confidential and non-proprietary in each instance and in all respects.

You agree that we have no obligation of confidence to you with respect to any submission and we shall not be liable to you in any way for any use or disclosure of any submission. We may use any submission without restriction for any purpose whatsoever, including, without limitation, reproduction, disclosure, transmission, publication, broadcast or posting, and you hereby irrevocably waive, release and give up any claim that any use of such submission violates any of your rights including, without limitation, copyrights, trademarks, moral rights, privacy rights, proprietary or other property rights, publicity rights or right to credit for the material or ideas.

You hereby irrevocably grant to us the right, but not the obligation, to reproduce, modify, adapt, publish, broadcast, license, perform, post, sell, translate, incorporate, create derivative works from, distribute and otherwise use the submission in any and all media, now known or hereafter devised, throughout the universe, in perpetuity, without according you any compensation or credit. By submitting a submission to us, you represent that such submission is original to you and does not conflict with, violate or infringe upon the rights of any third parties including, without limitation, any intellectual property rights and rights of publicity and/or privacy. All submissions made by you shall be the sole property of The AMISHI CONSUMER TECHNOLOGIES and  will not be acknowledged or returned. You agree and understand that we are not obligated to use any submission you make and you have no right to compel such use.

You hereby acknowledge and agree that your relationship with us is not a confidential, fiduciary or other special relationship, and that your decision to make a submission does not place us in a position that is any different from the position held by members of the general public with regard to your submission. You understand and acknowledge that we have broad access to ideas, products designs and other materials related to our business, and that new ideas, products, designs and other materials are constantly submitted to us or being developed by our own employees. Many submissions that we receive or ideas, products, designs and materials that are independently developed by us may be competitive with, similar or identical to your submission. You acknowledge and agree that you will not be entitled to any compensation as a result of our use of any such similar or identical submission or independently developed ideas, products, designs or materials.

You acknowledge that, with respect to any claim you may have relating to or arising out of our actual or alleged exploitation or use of any submission you make, the damage, if any, caused thereby will not be irreparable or otherwise sufficient to entitle you to injunctive or other equitable relief or to in any way enjoin the production, distribution, exhibition or other exploitation of any production based on or allegedly based on your submission, and your rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.

Notice Regarding Medical Advice

THIS SITE DOES NOT PROVIDE MEDICAL OR OTHER LICENSED PROFESSIONAL ADVICE. NOTHING STATED OR POSTED ON THIS SITE OR AVAILABLE THROUGH ANY SERVICES ARE INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICINE. THE SITE MATERIALS, SUCH AS TEXT, GRAPHICS, IMAGES, AND INFORMATION OBTAINED FROM THIS SITE ARE FOR INFORMATIONAL PURPOSES ONLY. THE SITE IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF INFORMATION YOU HAVE OBTAINED THROUGH THIS SITE. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY.

Miscellaneous

Your use of the Site shall be governed in all respects by the laws of the the state of Haryana, India without regard to choice of law provisions.

The Moms Co. is committed to resolving all disputes in a fair, effective and cost-efficient manner. We seek to resolve any customer concerns through our The Moms Co. services at +91-11-3313-8120. However, if you are dissatisfied with our customer service's resolution of your matter, these Terms of Service provide that disputes will be resolved in binding arbitration or small claims court. 

Termination

These Terms of Service are applicable to you upon your accessing this Site. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification, Arbitration and Miscellaneous, shall survive any termination of these Terms of Service.

inviting friends and earning referral credit

 

When you invite friends to register for an account at themomsco.com, you will receive a Referral Credit for each friend who makes a qualified first purchase. Your friend must be a new member of The Moms Co. (this offer excludes returning or existing members) and live in a different household.

 

You will only receive a Referral Credit for your friend's first qualified purchase if the purchase was a result of an invite from you via an authorized referral method. If your friend does not click on the personal referral link in their invite email or other invite mechanism to accept your invitation, you may not receive a Referral Credit and we will have no liability to you because there is no discernible way to identify that the purchase resulted from your referral.

 

A qualified purchase is considered The Moms Co. full product purchase or a Bundle order, except for purchases of The Moms Co.Try Before You Buy Trial Pack, neither of which constitute a qualified purchase. Free Trial orders do not count as a qualified purchase. There is no limit to the amount of Referral Credits you can earn and Referral Credits will accrue with every eligible friend you refer. You can track your Referral Credits by visiting the Invites section in My Account.

 

If two people refer the same friend, the friend who sent the link that is used to create the new member's account will be considered the referring friend, regardless of which link was sent to the new member first. There is a limit of one Referral Credit per new email address that is registered on themomsco.com.

 

You may not use spam or send unsolicited emails to people you don't personally know to collect Referral Credits and you may not collect Referral Credits by posting on message boards or other online venues in violation of such venues' terms of use.

See the Privacy Policy for how information is stored.

Spending Referral Credit

Referral Credits are valid for a specified period from issuance as defined in our Referral policy. Your Referral Credits are automatically applied to your purchases at checkout in the order in which they expire (i.e., first to expire will be applied first).

You can check the amount of Referral Credits you have earned and their associated expiration dates at any time by visiting the Invites section in My Account.

Prohibitions and Cancellation

Referral Credits are issued to a single themomsco.com account holder at our discretion and cannot be transferred between accounts or between users. Credits cannot be bartered, exchanged or sold.

Referral Credits are a promotional offer and are not a payment instruments. Referral Credits are issued without any exchange of money or value from you and you have no vested property right or interest in them.

Referral Credits have no cash value by themselves; they are only deemed to have a notional cash value if they are used in connection with an eligible purchase on our Site.

We reserve the right to limit or cancel your Referral Credits in our sole discretion if we determine that you have violated these Terms of Service, including through fraudulent or misleading referral activity (for example, by inviting fake people to join The Moms Co., using false names, using multiple email accounts or email addresses, impersonating another person or otherwise providing false or misleading information to us) or if we terminate your account for any reason. You may also be liable for civil and/or criminal penalties under applicable law.

Changes to Referral Credit Terms

We reserve the right in our sole discretion at any time and without prior notice to you, to add to, remove or otherwise change the terms applicable to the issuance and use of Referral Credits. Such changes may include, without limitation, how you may earn and spend Referral Credits, how long Referral Credits last, minimum purchase amounts with which Referral Credits may be used and the lifetime maximum amount of Referral Credits that you may earn.

 

 

Gift Cards

 

Overall Policies

The Moms Co. gift cards and their use on themomsco.com are subject to The Moms Co.'s Terms of Service and Privacy Policy.

Purchase

The amount of the gift card that you purchase will be charged to your bank or credit card upon your confirmation and submission of the order.

Redemption

To make a purchase with a Moms Co. gift card, the gift card holder must register an account with The Moms Co. and must visit www.themomsco.com to redeem the gift card toward the purchase of eligible products from The Moms Co. Each purchase amount will be deducted from the gift card total credit balance until that balance equals zero. If an order exceeds the amount of total available credit on the gift card, the remaining balance must be paid with a bank and credit card.

Expiration

Your THE MOMS Co. gift cards have no expiration date.

Limitations

Gift cards cannot be used to purchase other The Moms Co. gift cards or gift bundles and they cannot be reloaded, resold, transferred for value, redeemed for cash or applied to any other account, unless otherwise required by law.

Refunds

Gift card purchases cannot be refunded.

Risk of Loss

We are not responsible if a gift card is misplaced, lost, stolen, destroyed or used without your permission, and we have no obligation to replace a gift card under such circumstances.

Fraud

The Moms Co. reserves the right to close member accounts and request alternative forms of payment if a fraudulently obtained gift card is redeemed and/or used to make purchases on the Honest.com website or mobile application.

Limitation of Liability

THE MOMS CO. MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO GIFT CARDS, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT A GIFT CARD CODE IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH GIFT CARD. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.