Terms & Conditions
This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
1. MEMBERSHIP ELIGIBILITY
Use of the Website is available only to persons who can enter into a legally binding contract under Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Website. If you are a minor i.e. under the age of 18 years, you shall not register as a member of the Website and shall not transact or use the services offered through the Website. As a minor if you wish to use or transact on the Website, such use or transaction may be made by your legal guardian or parents who have registered as users of the Website. Mumma reserves the right to terminate your membership and refuse to provide you with access to the Website if it is brought to our notice or if it is discovered that you are under the age of 18 years or are incompetent to contract as per applicable laws.
If you are accessing our Website as a guest user, you shall not be allowed to use full functionality of the Website and avail all benefits as available to the registered users.
2. YOUR ACCOUNT AND REGISTRATION OBLIGATIONS
3. ELECTRONIC EXECUTION AND COMMUNICATIONS
When you use the Website or send emails or other data, information or communication to Mumma, you agree and understand that you are communicating with Mumma through electronic records and you consent to receive communications via electronic records from us periodically. We may communicate with you by email or by posting notices on the Website or by other modes of communication, electronic or otherwise. You agree that all the agreements, notices, disclosures and other communications that we provide to you electronically shall be deemed adequate service of notice/electronic record and satisfy any legal requirement that such communication be in writing.
Membership on the Website is free. We do not charge any fee for browsing and transacting on the Website. However, we reserve the right to charge fee and change our policies from time to time. In particular, we may at our sole discretion introduce new services and modify some or all of the existing services offered on the Website including without limitation the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Any such modifications or changes to the fee and related policies shall automatically become effective immediately once displayed on the Website. Unless otherwise stated, all fees shall be quoted in Indian Rupees. You shall be solely responsible for compliance of all applicable laws including those in India for making payments to us.
5. USE OF WEBSITE
You further agree, undertake and confirm that your use of the Website shall be strictly governed by the following binding principles:5.1
In terms of Information Technology (Intermediaries Guidelines) Rules, 2011, you agree and undertake that you shall not host, display, upload, modify, publish, transmit, update or share any information that:(a)
belongs to another person and to which you do not have any right; or(b)
that is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating to or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever, or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986; or(c)
is misleading in any way; or(d)
is patently offensive to the online/e-commerce community, such as sexually explicit content, or content that promotes obscenity, pedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual; or(e)
harasses or advocates harassment of another person; or(f)
involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”; or(g)
promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous; or(h)
infringes upon or violates any third party's rights, (including but not limited to, intellectual property rights, proprietary rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity]; or(i)
contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page); or(j)
provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone; or(k)
provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; or(l)
contains video, photographs, or images of another person without his or her express written consent and permission or the permission or the consent of his her guardian in the case of minor; or(m)
tries to gain unauthorized access or exceeds the scope of authorized access to the Website or to account information, bulletins or other areas of the Website or solicits passwords or personal identifying information for commercial or unlawful purposes from other users; or(n)
engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of “virtual” items related to the Website.
solicits gambling or engages in any gambling activity which Mumma, in its sole discretion, believes is or could be construed as being illegal; or(p)
interferes with another user's use and enjoyment of the Website or any other individual user’s enjoyment of similar services; or(q)
harm minors in any way; or(s)
infringes any patent, trademark, copyright or other proprietary rights or third party's trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen items; or(t)
violates any law for the time being in force; or(u)
deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; or(v)
impersonate another person; or(w)
contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal identifiable information; or(x)
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 to any other nation; or(y)
is false, inaccurate or misleading; or(z)
directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force; or(aa)
creates liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers.5.2
You shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any content therein, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any of its content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website.5.3
You shall not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any of our servers, computer, network, or to any of the services offered on or through the Website, by hacking, password mining or any other illegitimate means.5.4
You shall not probe, scan or test the vulnerability of the Website or any network connected to the Website or breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information of any other user of or visitor to the Website, or any other customer/user, including any Mumma account not owned by you, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Website.5.5
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or on our systems or networks, or any systems or networks connected to the Website.5.6
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or interfere with any other person's use of the Website.5.7
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to us on or through the Website or any service offered on or through the Website. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.5.8
Your correspondence or dealings with, or participation in promotions of, third party advertisers found on or through the Website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third-party advertiser. We shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third-party advertisers on the Website.5.13
It is possible that some users of the Website (including unauthorized users or “hackers”) may post or transmit offensive or obscene materials on the Website and that you may be involuntarily exposed to such offensive and obscene materials. It is also possible for others to obtain personal information about you on the public forum due to your use of the Website, and that the recipient may use such information to harass or injure you. We do not approve of such unauthorized uses, but by using the Website you acknowledge and agree that we are not responsible for the use of any personal information that you publicly disclose or share with others on the Website. Please carefully select the type of information that you publicly disclose or share with others on the Website, or from the Website on other social platforms.5.14
We shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of services).
6. CONTENTS POSTED ON SITE
Membership on the Website is free. We do not charge any fee for browsing and transacting on the Website. However, we reserve the right to charge fee and change our policies from time to time. In particular, we may at our sole discretion introduce new services and modify some or all of the existing services offered on the Website including without limitation the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Any such modifications or changes to the fee and related policies shall automatically become effective immediately once displayed on the Website. Unless otherwise stated, all fees shall be quoted in Indian Rupees. You shall be solely responsible for compliance of all applicable laws including those in India for making payments to us.6.1
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Website is owned, controlled or licensed by or to Mumma, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.6.2
You may use information on the Website products and services purposely made available by us for downloading from the Website, provided that you:(a)
do not remove any proprietary notice language in all copies of such documents; or(b)
use such information only for your personal, non-commercial, informational purpose and do not copy or post such information on any networked computer or broadcast it in any media; or(c)
make no modifications to any such information; or(d)
do not make any additional representations or warranties relating to such documents or information.6.4
7. OTHER BUSINESSES
We do not take any responsibility or liability for the actions, products, content and services displayed on the Website, which are linked to Affiliates and/or third party websites using Mumma APIs or otherwise. In addition, we may provide links to the third party websites of affiliated companies and certain other businesses for which, we assume no responsibility for examining or evaluating the products and services offered by them, and we do not warrant the offerings of, any of these businesses or individuals or the content of such third party website(s). We do not in any way endorse any third party website(s) or content thereof. We do not provide any guarantee with respect to any third party contents and Mumma shall not be held liable for any loss suffered by you based on your reliance on or use of such data or services offered by such third party websites or affiliated companies or their businesses.
We welcome links to our Website. You may establish a hypertext link to the Website, provided that the link does not state or imply any sponsorship or endorsement of your site by the Website. You must not use on your site or in any other manner any trademarks, service marks or any other materials appearing on the Website, including any logos or characters, without the express written consent of Mumma and the owner of the mark or materials. You must not frame or otherwise incorporate into another third party website or present in conjunction with or juxtaposed against such a website any of the content or other materials on the Website without our prior written consent.
10. MANDATORY DECLARATION - COMPUTERS10.1
You hereby declare that you have provided and verified all necessary legal details for the shipment of the product to the destination specified by you in the order.10.2
You further declare that the product will be acquired for personal use. The product will not be sold, resold, bartered or in any way disposed for profit.
11. DISCLAIMER OF WARRANTIES AND LIABILITY11.1
You acknowledge and undertake that you are accessing the Website and transacting at your own risk and are using your best and prudent judgment before entering into any transactions through the Website.11.2
This Website, all the materials and products and services offered through the Website, included on or otherwise made available to you are on “as is” and “as available” basis without any representation or warranties, express or implied, statutory or otherwise, including the implied warranties of title, non-infringement, merchantability, or fitness for a particular purpose, except otherwise specified in writing. Without prejudice to the forgoing paragraph, Mumma does not warrant that:(a)
this website will be constantly available, or available at all or the Website or the services offered on the Website will meet your requirements or your use of the Website or the services will be uninterrupted, timely, secure or error-free; or(b)
the information on this Website is complete, true, accurate or non-misleading; or(c)
the results that may be obtained from the use of the Website, services or materials will be effective, accurate or reliable;(d)
we will be liable to you in any way or in relation to the Contents of, or use of, or otherwise in connection with, the Website.(e)
this Website; information, Content, materials, services included on or otherwise made available to you through the Website; our servers; or any electronic communication sent from the Website are free of viruses or other harmful components;11.4
All the products sold on the Website or services offered through the Website are governed by different state laws and if we are unable to deliver any products due to implications of different state laws, we will return or will give credit for the amount received by us from the sale of such product, that could not be delivered to you; and11.5
You will be required to enter a valid phone number while placing an order on the Website. By registering your phone number with us, you consent to be contacted by us via phone calls and/or SMS notifications, in case of any order or shipment or delivery related updates. We will not use your personal information to initiate any promotional phone calls or SMS without your consent.
12. ORDER AND PAYMENT12.1
While availing any of the payment method/s offered on the Website, we shall not be responsible or assume any liability whatsoever, in respect of any loss or damage arising directly or indirectly to you due to:(a)
lack of authorization for any transaction/s; or(b)
exceeding the present limit mutually agreed by you and between your bank/s; or(c)
any payment issues arising out of the transaction; or(d)
decline of transaction for any other reason/s.12.2
All payments made against the purchases/services on the Website by you shall be compulsorily in Indian Rupees acceptable by the Union of India. We do not accept any other form of currency with respect to the purchases made or any services availed on the Website.12.3
All the prices listed on the Website are inclusive of all the taxes.12.4
Once an order is successfully placed on the Website, you will receive an email confirmation with an invoice which will specifically set out the name, shipping address, items ordered, amount paid (including taxes) and billing address.12.5
Mumma endeavours to process the orders placed on the Website within 3 business days of placing the order. The user will receive a confirmation email and/or SMS notification, as soon as an order is ready to be shipped with the tracking information.
13. DELIVERY AND RISK OF LOSS13.1
As an introductory offer, Mumma offers free shipping on all its orders.13.2
Owing to the nature of the products listed on the Website, Mumma is bound to deliver the products via surface. Accordingly, the delivery of products may take vary from 2 to 15 business days from the date of shipping the order.13.3
All the items purchased from the Website are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
Without limiting other remedies, we may limit your activity, immediately remove your information, warn other users of your actions, immediately temporarily/indefinitely suspend or terminate or block your membership, and/or refuse to provide you with access to the Website in the event, but not limited to:(a)
if we are unable to verify or authenticate any information you provide; or(c)
16. LIMITATION OF LIABILITY
Without prejudice to the provisions contained hereinabove, any liabilities, costs, expenses, losses (“Claims”) incurred/suffered by you arising out of the use of the products listed on the Website shall not be to the Company’s account and the Company shall not be liable to indemnify you for any such Claims.
Further, Mumma’s liability in any circumstance is limited to the amount received by it against a product purchased from the Website or INR 1000 (as the case may be). Mumma, its associates, affiliates and service providers make no representations or warranties about the accuracy, reliability, completeness, and/or timeliness of any Content, information, software, text, graphics, links or communications provided on or through the use of the Website or that the operation of the Website will be error free and/or uninterrupted. Consequently, Mumma assumes no liability whatsoever for any monetary or other damage suffered by you on account of:
17. APPLICABLE LAW
18. JURISDICTIONAL ISSUES/SALE IN INDIA ONLY
Unless otherwise specified, the materials/products on the Website are presented solely for the purpose of sale in India. We make no representation that the materials or products on the Website are appropriate or available for use in other locations/countries other than India. Those who choose to access this Website from other locations/countries other than India do so on their own initiative and we are not responsible for supply of goods/refund for the goods ordered from other locations/countries other than India, compliance with local laws, if and to the extent local laws are applicable.
19. TRADEMARK, COPYRIGHT AND RESTRICTION
This Website is controlled and operated by Mumma. All material on this Website are protected by copyrights, trademarks, and other intellectual property rights that are owned and controlled by Mumma. Similarly, the trademarks, brand names, logos and other intellectual property of the manufacturers of products listed on the Website are owned and controlled by such manufacturers and licensed to Mumma. The materials or products on the Website are solely for your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such materials in any way, including by e-mail or other electronic means and whether directly or indirectly and you must not assist any other person to do so. Without the prior written consent of the manufacturer or Mumma, modification of the materials, use of the materials on any other website or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights of Mumma or the manufacturer (as may be applicable), and is prohibited. Any use for which you receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this Clause. In the event of an infringement of the intellectual property rights of Mumma or the manufacturer of any of the products listed on the Website, Mumma and/ or the manufacturer(s) of the products reserve the right to initiate legal proceedings including but not limited to a criminal action and exercise all other rights that they may have under the applicable law.
20. PRODUCT DESCRIPTION
We endeavour to ensure that the products that you buy from the Website are genuine, authentic products. We also offer and extend all the warranties, guarantees as entailed in the product by the manufacturer to you. We try to be as accurate with regards to the information pertaining to the products and services as displayed over the Website on behalf of the manufacturers of such products. However, the content with respect to the products listed on the Website is based on the information received from the manufacturers and we do not warrant that the product description or any other content of this Website is accurate, complete, reliable, current, or error-free. We seek to ensure the aforesaid only on a best endeavour basis and do not assure or provide any personal warranties or assume any liability or responsibility pertaining to the genuineness, quality and authenticity of the products. In the event of delivery of a defective product, Mumma may at its option, after verification of the product and on being satisfied of the defect, replace the said product or refund the amount paid by the user.
Further, the manufacturer(s) of the Products may, from time to time improve or change the ingredients or any other product information and update the labels accordingly and such changes may not always be published (partially or in full) on the Website. Accordingly, you may contact the manufacturer(s) directly for any product specific queries that you may have and Mumma shall not be responsible for obtaining and/ or providing any such information.
21. PRICING / TYPOGRAPHICAL ERROR
If we come across any difference in pricing resulting from typographic errors with respect to pricing or product information, we shall have the right to rectify the same or cancel the order(s) and refund monies, if any, collected from you within 10-15 business days of such corrective action taken. The mode of refund will be the same as at the time of placing the order or any other mode at our discretion.
22. RETURN/ REPLACEMENT POLICY
Mumma is committed to customer satisfaction.22.1
You understand and acknowledge that all sales of “giftboxes” / “Mumma Box” / “Subscription Boxes” are final. There shall be no refund of any payment under any event whatsoever. Mumma offers a 7-days replacement warranty for all “giftboxes”/ “Mumma Box” / “Subscription Boxes” sold on its Website. In the event that You receive a defective / incorrect Product(s) inside the box – You will notify Mumma of any defect within 7 days from the date of receipt of delivery of the Box. You can email our customer service team at firstname.lastname@example.org specifying therein your name, reason and the order number. Post your notification, Mumma will generate and provide you with your “Mumma Return/Replacement Identification Number (MRIN)” & Return/Replacement Processing Form. You are requested to mention MRIN on the package and send back the defective / incorrect Product(s) along with the Return/Replacement Processing Form back to us within 7 days from the date of your intimation to return the products. For detailed information on replacement policy please visit – https://www.mumma.com/return.html22.2
You understand and acknowledge that all sales of “individual items” that do not come in any form of “Gift Box” / “Mumma Box” / “Subscription Box” are eligible for 7-day return/replacement policy. For detailed information on return/replacement policy please visit – https://www.mumma.com/return.html
23. CANCELLATION OF ORDER
We reserve the right to cancel any order without any explanation for doing so, under situation where we are not able to meet the requirement of the order placed or order so placed/cancelled does not comply with our policies or order has an invalid address/incorrect information or for any other reason. However, we will ensure that any communication of cancellation of an order is intimated within appropriate time to the concerned person and any applicable refund, will be made in reasonable time.
Notices: Except as explicitly stated otherwise, any notices shall be given by postal mail on behalf of Mumma to Mumma Innovations Private Limited Attn: Mayank Garg, Mumma.com 129-D Mall, Plot No.-D, District Centre, Paschim Vihar, New Delhi (110087) India, or to the email address you provide to us during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to us during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.24.2
25. MEDICAL DISCLAIMER:
This website contains general information about conception, pregnancy, pregnancy products,baby products and parenting. The information is not complete or comprehensive. You should not rely on the information on this website as an alternative to medical advice from your doctor or healthcare provider. Nothing contained on this website should be construed nor is intended to be used for medical diagnosis or treatment. It should not be used in place of the advice of your physician or other qualified healthcare provider. Should you have any healthcare related questions, please call or see your physician or other qualified healthcare provider promptly.
Always consult with your physician or other qualified healthcare provider before embarking on a new treatment, diet or fitness program. If you have any specific questions about these matters you should consult your doctor or other healthcare provider. If you think you may be pregnant you should speak to a doctor or other healthcare provider, and if you think you may be suffering from any other medical condition you should seek immediate medical attention.
You should never delay seeking medical advice, disregard medical advice, or discontinue medical treatment because of information on this website. You are encouraged to consult your physician or your local healthcare provider to obtain professional medical advice, which may agree or disagree with the information and materials contained on this site. You should consult your own physician or your local healthcare provider regarding your own symptoms, medical condition, treatment or medications. If you have or suspect that you have a medical problem, you should contact your own physician or local healthcare provider immediately.
While the information published on this site is believed to be accurate, it has been published solely for the purpose of provide general information and is not intended as a substitute for professional medical advice. If you have questions or concerns regarding your physical health or the health of your baby, please seek assistance from a qualified healthcare provider. The articles on this site are meant to answer questions of a general nature regarding issues of interest surrounding pregnancy. If you have a specific medical concern, please contact your healthcare provider.
Call Your Doctor or Emergency Services in Case of Emergency. If you think you may have a medical emergency, call immediately. DO NOT USE THIS WEB SITE FOR MEDICAL EMERGENCIES.
The information about the use of herbs and essential oils contained in this site is not meant to be a substitute for seeking the advice of a qualified health care provider. It is not intended to diagnose, treat, cure or prevent any disease. Always consult your health care provider about the use of herbs and essential oils, especially during pregnancy, when nursing a baby or with children.
26. GRIEVANCE OFFICER
In accordance with Information Technology Act, 2000 and rules made thereunder, the details of the Grievance Officer is published herewith:
Mumma.com 129-D Mall, Plot No.-D, District Centre, Paschim Vihar, New Delhi (110087) India