1. Introduction

1.1. These Terms of Use (collectively, “these Terms”) are an electronic record in terms of the Information Technology Act, 2000 and rules made thereunder as applicable, as well as the amended provisions pertaining to electronic records in various Acts and 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.

1.2. These Terms are published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 that require publishing the rules and regulations and privacy policy for access or usage of Website www.MomsGenie.com website (“the Site” or “the Website”) and/or any related mobile or software applications (collectively, the “MomsGenie Platform”), which is an internet- based e-commerce portal owned and operated by HyperZen Solutions LLP, a partnership firm set up and duly registered under the LLP Act, 2008.

1.3. Please read these Terms carefully before using the MomsGenie Platform, as your access and use of the MomsGenie Platform, as well as its related sites, services and tools, besides your legal rights and obligations in respect thereof, are governed by these Terms, together with the terms and conditions of our Privacy Policy  and  Return Policy  (collectively, “MomsGenie’s Policies”), as posted from time to time on the links respectively, in addition to the terms and conditions of any other instrument(s) or document(s) you may be required to execute in pursuance of the provisions hereof, which are incorporated herein by reference, and all of which shall be considered as part and parcel of these Terms.

2. Applicability, Acceptance And Amendment

2.1. Your access and/or use of the MomsGenie Platform implies that you have read and fully understood, and you accept and agree to be bound by, these Terms and MomsGenie’s Policies; and that you accept that these Terms and MomsGenie’s Policies shall be effective and binding upon you along with any amendments made thereto and posted on the MomsGenie Platform; and you shall not claim invalidity thereof merely on the ground that these Terms and MomsGenie’s Policies are being concluded and executed electronically.

2.2. Please note that several underlined words/phrases are hyperlinked to various rules and policies on the MomsGenie Platform; and, by accessing and/or using the MomsGenie Platform, you hereby accept, and agree to be bound by, the rules and policies available on such hyperlinked webpages.

2.4. When you use any of the services provided, and/or make any purchase, on or through the MomsGenie Platform, you will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service or purchase, as specified in their listing on MomsGenie Platform, and they shall be deemed to be incorporated into these Terms, and shall be considered as part and parcel of these Terms.

2.5. As long as you comply with the provisions of these Terms and MomsGenie’s Policies, we grant you a personal, non-exclusive, non-transferable, limited privilege to enter and use the MomsGenie Platform.

2.6. We reserve the right, at our sole discretion, to change, modify, add or remove portions of these Terms and MomsGenie’s Policies, at any time without any prior written notice to you. It is your responsibility to review these Terms and MomsGenie’s Policies periodically for updates/changes. Your continued use of the MomsGenie Platform following the posting of such updates/changes will mean that you accept and agree to those updates/changes. Each version of these Terms, posted on MomsGenie Platform, will show the effective date of amendment; i.e., the date with effect from which these Terms are amended. By your continued access or use of MomsGenie Platform/MomsGenie Platform Services, you acknowledge and accept the validity and applicability of amended Terms of Use.

2.7. If you do not agree to, or are not willing to be bound by, these Terms, MomsGenie’s Policies and the documents they incorporate by reference, please do not seek to obtain access to, or otherwise use, the MomsGenie Platform.

3. Definitions And Rules Of Interpretation

3.1. In these Terms, as well as MomsGenie’s Policies, the following definitions will be used:

(a) “Business Day” means a day on which are open for general business in Gurgaon, India, other than a Saturday, Sunday or public holiday.

(b) “Customer” means any user who has placed order on MomsGenie Platform.

(c) “Delivery Associate” means as defined in Section 9.1 of these Terms.

(d) “Delivery Partner” means as defined in Section 9.1 of these Terms.

(e) “E-commerce Area” means and includes all such area(s), other than HyperLocal Area, situated in or outside Gurgaon (but within India), that are being served by us.

(f) “Eligible Customer” means as defined in Section 14 of these Terms.

(g) “Hyper Local Area” or “Hyperlocal Area” means and includes the following localities/colonies situated in Sectors 69, 70, 70A and 72 of Gurgaon (Haryana) – AIPL, BPTP B Block, BPTP C Block, BPTP D Block, BPTP E Block, Capital Residences, GPL, M3M Escala, Paras Irene, Pyramid Urban Homes, Tulip Ivory, Tulip Lemon, Tata Primanti, Tulip Orange, Tulip Purple, Tulip Violet, Tulip White, Vardhman Victoria.

(h) “I.S.T.” means Indian Standard Time.

(i) “Listing” means the information/details posted on MomsGenie Platform about any Product or Service offered for sale.

(j) “MomsGenie Platform” means the online platform provided by us on the Website and/or any related mobile or software applications for sale/purchase of the products/services listed/offered for sale on the MomsGenie Platform by Third-party sellers.

(k) “MomsGenie Platform Services” means and includes the access and use of the MomsGenie Platform as well as the tools, features and functionalities thereof by its users; including, without limitation, any transaction you make or carry out on or through the MomsGenie Platform.

(l) “MomsGenie’s Policies” means as defined in Section 1.3 of these Terms.

(m) “Person” means any individual, corporation (including non-profit corporations), general partnership, limited liability partnership, joint venture, estate, trust, cooperative, foundation, society, political party, union, company, firm or other enterprise, association, or organization.

(n) “Product” means any item, article or product that is listed/offered for sale on MomsGenie Platform.

(o) “Site” or “Website” means the website www.MomsGenie.com.

(p) “Service” means any service that is listed/offered for sale on MomsGenie Platform.

(q) “Third-party” means person/s other than you and us.

(r) “User”, “You” and “Your” mean and refer to a natural or legal person who is visiting, viewing, accessing and/or browsing through MomsGenie Platform, its contents, and/or using the MomsGenie Platform Services at any point in time.

(s) “We”, “us”, “our” and “MomsGenie” mean and refer to HyperZen Solutions LLP, and include its associates, affiliates and subsidiary/ies.

(t) “Your Information” means any Personal as well as Non-Personal Information you provide to us or other Users and/or Third-party sellers, whether in the ordering/buying process or otherwise; including, without limitation, such information as provided in feedback or any public message area or through any e-mail feature connected with the MomsGenie Platform, and/or collected or gathered by us and/or Third-party/ies in accordance with the Privacy Policy.

3.2. In these Terms, wherever the context permits –

(a) Words “hereof”, “herein”, “hereto”, “hereunder” and other words of similar purport shall be construed to refer to these Terms as a whole.

(b) Use of singular includes the plural number and vice-versa.

(c) Words implying gender shall be deemed as implying any gender.

(d) A reference to a particular section, sub-section, clause, or sub-clause shall, except where the context otherwise requires, be understood as a reference to that section, sub-section, clause, or sub-clause in these Terms.

(e) HyperZen Solutions LLP and User are sometimes referred to as “parties” jointly, and as “party” individually.

3.3. Headings have been given herein solely to facilitate the ease of reading and identification, and are not intended to be used for the purpose of interpretation or putting any limitation on the scope, extent or intent of these Terms or any provision hereof.

4. Products/Services Overview

4.1. MomsGenie Platform is a platform for consumers to purchase Products/Services offered by MomsGenie or Third-party sellers, if any, on or through the Website and/or any related mobile or software applications (collectively, “MomsGenie Platform”). We are not and cannot be a party to any transaction between you and the Third-party sellers, if any; or have any control, involvement or influence over the Products purchased and/or Services availed by you from such Third-party sellers (including the prices of such Products/Services charged by such Third-party sellers). We, therefore, disclaim all warranties and liabilities associated with any Products/Services listed/offered by any Third-party sellers at any time on the MomsGenie Platform.

5. Disclamer

5.1. You acknowledge and undertake that you are accessing the MomsGenie Platform and transacting thereon at your own risk and are using your best and prudent judgement before entering into any transactions.

5.2. MomsGenie makes best efforts to display available Products, including in respect of their colour, size, shape and appearance, as accurately as possible. However, as the same are representative, the actual color, size, shape and appearance may have variations from the depiction on your mobile/computer/display screen. We hereby disclaim any guarantees of exactness as to the texture, quality, finish, style, size and appearance of the Product ordered by a User as compared to its description given on the MomsGenie Platform.

5.3. MomsGenie does not make any representations or warranties in respect of the Products available on the MomsGenie Platform nor does MomsGenie implicitly or explicitly support or endorse the sale or purchase of any Products on the MomsGenie Platform. MomsGenie accepts no liability for any error, inaccuracy or omission on the part of any Third-parties or for information/inputs received from any Third-parties and provided passed on to you through the MomsGenie Platform or otherwise.

5.4. MomsGenie does not make any representations or warranties as to the attributes (such as quality, worth, usefulness, style, marketability, suitability, etc.) of the Products or Services listed/offered for sale, or purchased by you, on MomsGenie Platform.

5.5. You understand, acknowledge and accept that the commonly used words/alphabets or symbols used in the description of a Product do not carry any particular meaning, and are not meant to signify any specific standard of texture, quality, style, colour, or size.

5.6. You understand, acknowledge and accept that the quality of any Products purchased, or Services availed, by you on or through MomsGenie Platform may not meet your expectations.

5.7. Resemblance of any picture of a Product listed/offered on MomsGenie Platform with any other picture of similar Product available elsewhere on the internet is purely coincidental, and it does not make us liable to supply a Product that looks exactly like its picture displayed on MomsGenie Platform or elsewhere.

5.8. You expressly understand, acknowledge and accept that all the Products listed on MomsGenie Platform are offered only for a restricted time and only for the available supply; and that we, even after accepting your order for any such Product, are not obligated to supply the same if it is not available in our stock, in which event we will cancel your order and notify you of that cancellation and also refund the payment, if any, received from you on account thereof.

5.9. We are not responsible for injuries, damages, losses, if any, resulting from the use of Products purchased by you on or through MomsGenie Platform.

6. Eligibility

6.1. Use of MomsGenie Platform is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872, including minors, are not eligible to use MomsGenie Platform. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872, including minors, undischarged insolvent etc. are not eligible to use/access the MomsGenie Platform. However, if you are a minor; i.e., under the age of 18 years, you may use/access the MomsGenie Platform under the supervision of an adult parent or legal guardian “competent to contract” who agrees to be bound by these Terms. You are however prohibited (even under supervision) from purchasing any Product(s) which is/are for adult consumption or the sale of which to minors is prohibited.

6.2. MomsGenie Platform is intended to be a platform for end-consumers desirous of purchasing Products/availing Services for domestic self-consumption. If you are a retailer, institution, wholesaler or any other business user, you are not eligible to use the MomsGenie Platform. We reserve the right to refuse to provide you with access to MomsGenie Platform if it is brought to our notice or if it is discovered that you are retailer, institution, wholesaler or any other business user.

6.3. In order to determine compliance with eligibility criteria, MomsGenie uses inter alia algorithms and/or pre-determined criteria-based technology and accordingly, from time to time, your usage may be restricted or blocked on account of overlap with such algorithms/pre-determined criteria. In such cases, if you are a genuine user of the MomsGenie Platform, please contact us at  info@momsgenie.com for assistance.

7. account & registration obligations

7.1. All Users must register and log in for placing orders on the MomsGenie Platform. You must keep your account and registration details current and correct for all communications related to your purchases from the MomsGenie Platform. By agreeing to these Terms, you agree to receive promotional, transactional or other communications, and newsletters from MomsGenie and its group companies/affiliates. You can opt out from such communications and/or newsletters by using the opt out options as available in such communications.

7.2. As part of the registration process on the MomsGenie Platform, access and usage thereof, MomsGenie may collect your personally identifiable information/preferences, including but not limited to name, email address, age, address, mobile phone number, and other contact details, demographic profile (like your age, gender, occupation, education, address etc.) and information about the pages on the MomsGenie Platform you visit/access, the links you click on the MomsGenie Platform, the number of times you access a particular page/feature and any such information. Information so collected is subject to our Privacy Policy.

7.3. By registering your mobile number with us, you provide your consent to be contacted by us or through a Third-party seller/service provider via phone calls, SMS notifications, mobile applications and/or any other electronic mode of communication in case of any order or shipment or delivery or customer support related updates.

8. Limited License & Access – Prohibited Conduct

8.1. Subject to the provisions set out in these Terms, MomsGenie grants you a personal, limited, non-exclusive, non-transferable and revocable license to access (for personal use only) the MomsGenie Platform; and to Purchase Products and/or avail the Services, only as expressly permitted in these Terms. Provided that you shall not download (other than page caching) or modify any portion thereof, except with express prior written consent of MomsGenie. Such limited license does not include/permit any resale or commercial use of the MomsGenie Platform or its contents; any collection, use or derivative use of the MomsGenie Platform, its contents, any Product listings, descriptions, or prices; any downloading or copying of information for the benefit of another Third-party; or any use of data mining, robots, or similar data gathering and extraction tools.

8.2. You hereby agree and undertake not to use, host, display, upload, modify, publish, transmit, update or share any information/content/message/language/document (including pursuant to gifting services/printing services/orders to be delivered to someone else/Third-party recipients and the messages to be delivered along with the order) - whether in writing or otherwise while communicating on the MomsGenie Platform; including; but not limited to; communicating with our support agents or Delivery Associates, through any medium, which (collectively, “Prohibited Conduct”):

(a) Belongs to another person and to which you do not have any right or full rights.

(b) Is harmful, threatening, abusive, indecent, discriminatory, tortious, vulgar, profane, harassing, blasphemous, defamatory, problematic, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise offensive, objectionable, menacing, inappropriate or unlawful in any manner whatever.

(c) Contains material that violates the standards of the MomsGenie Platform Services.

(d) Accuses others of illegal activity, or describes physical confrontations.

(e) Attempts to impersonate another person or entity.

(f) Disguises or attempts to disguise the origin of your messages, content, including but not limited to by: (i) submitting your content under a false name or false pretences; or (ii) disguising or attempting to disguise the IP address from which your content is submitted.

(g) Harms minors in any way.

(h) Infringes any patent, trademark, copyright or another proprietary/intellectual property right.

(i) Violates any applicable law and/or may result in a civil/criminal liability.

(j) Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource.

(k) 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.

(l) Is misleading or known to be false in any way.

(m) Attempts to do any of the foregoing.

8.3. You acknowledge MomsGenie has no obligation to monitor your – or anyone else’s – access to or use of the MomsGenie Platform and/or MomsGenie Platform Services for violations of these Terms, or to review or edit any content. However, we have the right to do so for the purpose of operating and improving the functionality/operation of the MomsGenie Platform and/or MomsGenie Platform Services (including, without limitation, for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with these Terms and to comply with applicable law or the order or requirement of legal process, a court, consent decree, administrative agency or other governmental body.

8.4. Any and all liability arising out of or relating to violation of these Terms, including in relation to the aforesaid information/content/message is your sole and absolute responsibility, and not of MomsGenie.

8.5. MomsGenie Platform or any portion of the MomsGenie Platform may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express prior written consent of MomsGenie.

8.6. You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) available on the MomsGenie Platform or of MomsGenie and/or its group companies/affiliates without the express prior written consent of MomsGenie.

8.7. You may not use any meta tags or any other “hidden text” utilizing MomsGenie’s name or trademarks without the express prior written consent of MomsGenie.

8.8. You shall not attempt to gain unauthorized access to any portion or feature of the MomsGenie Platform, or any other systems or networks connected to the MomsGenie Platform or to any server, computer, network, or to any of the MomsGenie Platform offered on or through the MomsGenie Platform, by hacking, ‘password mining’ or any other illegitimate means.

8.9. Any unauthorized use of the MomsGenie Platform or MomsGenie Platform Services shall automatically terminate the permission or license granted by MomsGenie determined at MomsGenie’s sole discretion.

9. Delivery Representatives/Partners

9.1. We facilitate delivery of orders placed on the MomsGenie Platform through our in-house staff as well as Third-party service-providers/independent contractors; i.e., Delivery Partners, on a principal-to-principal basis. Our in-house staff deputed for making deliveries and our Delivery Partners are hereinafter sometimes collectively referred to as “Delivery Associates”. For abundant clarity, the Delivery Partners are neither employees nor agents of MomsGenie, and they are purely associated with MomsGenie as independent service-providers on a principal-to-principal basis, and are not exclusively bound by MomsGenie to provide delivery services at any given point. To clarify, there exists no principal-agent relationship between MomsGenie and the Delivery Partners, and as such, MomsGenie, in no case whatsoever, can be held liable for the act(s)/omission(s) and/or conduct of the Delivery Partners. however, in case you are aggrieved by misbehaviour/misconduct or act(s)/omission(s) of any Delivery Associate, you may submit your grievance along with your order details, the name of person who made the concerned delivery and the registration number of his/her vehicle, via email at  info@momsgenie.com; and after the receipt of your email, we will try to address and resolve your grievance suitably.

9.2. You are expected to respect the dignity and diversity of Delivery Associates and also enable provision of a secure and fearless gig/platform work environment for the Delivery Associates, including prevention and deterrence of harassment (including sexual harassment) towards Delivery Associates. We reserve the right to withhold your access to MomsGenie Platform and otherwise limit your access to the MomsGenie Platform at our absolute discretion if you behave with a Delivery Associate in a manner which is discourteous, disrespectful, or abusive, or which otherwise may be deemed to be inappropriate or unlawful. You are expected to treat all Delivery Associates with courtesy and respect. The consequences of any such inappropriate action of yours, including claims made/compensation claimed by any Delivery Associate, shall be to your account entirely.

10. Reviews, Feedback, Submissions

10.1. All reviews, comments, feedback, suggestions, ideas, and other submissions disclosed, submitted or offered on the MomsGenie Platform or otherwise disclosed, published, submitted or offered in connection with use of the MomsGenie Platform (collectively, the “Comments”) shall be and remain the property of MomsGenie. In consideration of availing the MomsGenie Platform and by submitting your Comments, you hereby irrevocably grant MomsGenie and its group companies/affiliates, a perpetual, irrevocable, world-wide, non-exclusive, fully paid and royalty-free, assignable, sub-licensable and transferable license and right to use your Comments and all intellectual property rights therein for any purpose including advertisements and marketing.

10.2. MomsGenie will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from any Comments, and publish, display and distribute any Comments submitted for any purpose whatsoever without restriction. MomsGenie is and shall be under no obligation to:

(a) maintain any Comments in confidence.

(b) pay compensation for any Comments or use of any Comments.

(c) respond to any Comments.

10.3. You agree that any Comments submitted by you on the MomsGenie Platform will not violate these Terms or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no Comments submitted by you on the MomsGenie Platform will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mails or any form of ‘spam’. MomsGenie does reserve the right (but assumes no obligation) to monitor, edit and/or remove any Comments submitted on the MomsGenie Platform.

10.4. You hereby grant MomsGenie the right to use names that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are, and shall remain, responsible for the content of any Comments you make and you agree to indemnify the MomsGenie, its group companies, affiliates, and their respective directors, partners, employees, officers, agents and representatives (“MomsGenie Parties”) against all claims, loss and liabilities resulting from any Comments you submit.

10.5. Further, any reliance placed on the Comments available on the MomsGenie Platform from a Third-party/other users shall be at your sole risk and expense.

11. Intellectual Property

11.1. MomsGenie and/or Third-party brand/seller partners (as the case may be) expressly reserve all intellectual property rights in all text, programs, products, processes, technology, images, content and other materials which appear on the MomsGenie Platform. Access to or use of the MomsGenie Platform does not confer and should not be considered as conferring upon anyone any license, sub-license to any intellectual property rights. All rights, including copyright, in and to the MomsGenie Platform are owned by or licensed to MomsGenie. Any use of the MomsGenie Platform or its contents, including copying or storing it or them in whole or part is prohibited without the express prior written consent of MomsGenie.

11.2. You may not modify, distribute or re-post anything on/from the MomsGenie Platform for any purpose. The names and logos and all related product and service names, design marks and slogans are the trademarks/service marks of MomsGenie, its group companies/affiliates, its partners or its suppliers/service providers. All other marks are the property of their respective owners. No trademark or service mark license is granted in connection with the materials contained on the MomsGenie Platform. Access to or use of the MomsGenie Platform does not authorize anyone to use any name, logo or mark in any manner. References on the MomsGenie Platform to any names, marks, Products or Services of Third-parties or hypertext links to Third-party sites or any details/information are provided solely as a convenience to you after having express consent from Third-parties, and do not in any way constitute or imply MomsGenie’s endorsement, sponsorship or recommendation of the concerned Third-party, its details/information, and its Product(s) or Service(s).

11.3. MomsGenie 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 access a link of any Third-party website and/or avail any MomsGenie Platform Services pursuant to the same, you do so entirely at your own risk and expense.

11.4. Reporting of Intellectual Property Rights Infringement -

(a) MomsGenie respects the intellectual property(ies) of other persons/entities. If you believe that your intellectual property rights have been violated/used in any manner which results in infringement, then please report to us via email at info@momsgenie.com.

(b) We will evaluate the contents of your aforesaid email, and will respond within a reasonable period of time. We may take such action as we deem appropriate in keeping with applicable law and our policies, we may also reach out to you for additional details. It may be noted that your reporting inaccurate, false or misleading information to MomsGenie may result in your civil and/or criminal liability.

(c) You agree to indemnify MomsGenie for all claims brought by Third-party(ies) against MomsGenie arising out of or in connection with the abovesaid submission/reporting of your email at info@momsgenie.com regarding infringement/violation of your intellectual property rights.

12. Gifting Services

The following terms shall be in addition to, and not in substitution of or derogation to the other terms governing the use/access of MomsGenie Platform.

12.1. You may place an order for products to be delivered to someone else as a gift. You agree that the gifting services are available only for certain products as listed on the MomsGenie Platform (“Eligible Product(s)”).

12.2. You agree and acknowledge that you shall use the gifting services available on the MomsGenie Platform to gift and/or get the Eligible Product(s) delivered to only such persons who are known to you and will not order/gift any Eligible Product(s) and/or get the same delivered to any person which may put the recipient in uneasy, inconvenient or embarrassing situations. To place a gift order, you will be required to provide the gift recipient’s contact details, such as name, phone number, address or any other information (“Contact Information”) that may be reasonably required to enable us deliver the gift order. These provisions shall apply mutatis mutandis to orders placed through your account to be delivered to someone else, otherwise than as a gift, whether placed on a cash on delivery basis or otherwise.

12.3. By availing the gifting service, you warrant and represent that you have obtained the gift recipient’s consent to provide us with the Contact Information. You hereby further warrant and represent to indemnify and hold the MomsGenie Parties, harmless against any claims or disputes initiated by the gift recipient whose Contact Information was provided by you for the purpose of placing the gift order. You shall not use the gifting services to harass, intimidate or otherwise harm the recipient in any manner. By placing a gift order, you hereby irrevocably undertake to be responsible for any refusal made by the gift recipient or for any prejudice suffered by the latter or MomsGenie. In case the gift recipient is non-contactable, the Delivery Associate or we may contact you for further assistance. These provisions shall apply mutatis mutandis to orders placed through your account to be delivered to someone else, otherwise than as a gift, whether placed on a cash on delivery basis or otherwise.

12.4. You may be charged gifting fees or charges which will be reflected at the time of availing the gifting services. The applicable fees/charges will be notified to you prior to placing an order for the gifting services. By placing the order, you agree to pay the fee and charges as reflected prior to placing the order. You may have to make payment in advance for availing gifting services and cash on delivery may not be permitted.

12.5. You may send a message with the gift order which we will endeavour to deliver, however sometimes, the message can’t be sent. Please refer to these terms on Prohibited Conduct in relation to the quality of such messages.

13. Promotional Terms

These additional terms apply to promotional campaigns that are live on the MomsGenie Platform from time to time (“Promotional Offer” or “Offer”) and by using MomsGenie Platform, you acknowledge that you have fully understood, and you accept and agree to be bound by these additional terms as well. Users who place orders on MomsGenie and satisfy eligibility criteria set forth by MomsGenie or its collaboration partners for the specific promotional campaignPromotional Offer shall be termed as “Eligible Customer(s)”.

13.1. Promotional Offers shall run for the duration decided by MomsGenie, at its sole discretion, and may be prematurely revoked without prior notice.

13.2. If Promotional Offer is based on a minimum order value/specific to a product category, the Promotional Offer will stand cancelled if –

(a) The products on whose purchase the Promotional Offer is applicable are returned by the Eligible Customer for the permitted reasons specified in these Terms and/or MomsGenie’s Policies, and/or for which refund is given by MomsGenie due to non-availability of replacement products; additionally, in such an event, the value of Promotional Offer, or if availed by way of discount/cashback or any other monetary benefit, shall be deducted from the refund amount; and if the Promotional Offer is provided to the Eligible Customer in kind (i.e., in the form of any item, product or article) the same shall have to be returned by the Eligible Customer along with the ordered products to be eligible for refund.

(b) If the order for such product(s) is cancelled by the Eligible Customer.

13.3. On or after being provided the benefit/voucher/prize of the relevant Promotional Offer and availing/redeeming the same, the Eligible Customer acknowledges and agrees that the relevant order placed by him/her on the MomsGenie Platform cannot be returned and/or refunded unless and until it is permitted by these Terms and/or MomsGenie’s Policies.

13.4. MomsGenie Parties shall not, in any way, be liable for the services provided by Third-parties, if any, involved in any Promotional Offer, upon availing/redeeming the Promotional Offer and the benefit/voucher/prize available therein.

13.5. Eligible Customers hereby provide their consent to MomsGenie to share the Eligible Customer’s contact details (“Eligible Customer’s Information”) with MomsGenie’s authorised Third-parties for making the Offer available to such Eligible Customer. The Eligible Customer’s Information will be governed by the Third-party’s privacy policy/ies, and you are encouraged to acquaint yourself with and agree to their policies before participating in the Offer.

13.6. Eligible Customers may only avail the Offer if account settings on the MomsGenie Platform have been set to India and the billing address is in India.

13.7. MomsGenie reserves the absolute right to amend or alter any of these terms at any time without prior notice.

13.8. Offer can neither be sold, transferred, encashed or exchanged for any other products nor clubbed with any other Offer.

13.9. MomsGenie accepts no liability, whether jointly or severally, for any errors or omissions of any Third-party in relation to the Offer.

13.10. The voucher/prize/benefit details will be sent to the Eligible Customer via e-mail/message/WhatsApp/in-app.

13.11. MomsGenie, in its sole discretion, reserves the right to exclude any Eligible Customer from the Offer and/or to cancel all or part of the Offer, without any liability on its part, if it believes that the Eligible Customer has –

(a) breached any of these Terms, additional promotional activity terms and conditions, MomsGenie Platform terms and conditions and/or Privacy Policy.

(b) act or has the intention of acting in a dishonest or fraudulent manner, or in bad faith.

(c) tampered with the entry process or the operation of the Offer.

(d) acted in a disruptive manner.

13.12. By participating in the Offer, Eligible Customers will be deemed to have accepted these terms along with specific promotional activity terms and conditions made available to the Eligible Customer and expressly agree that:

(a) MomsGenie will not be liable or responsible for any loss damage whatsoever that the Eligible Customer may suffer, directly or indirectly, in connection with any Offer, including for any theft, loss or misuse of any Offer or the Customer’s Information.

(b) MomsGenie will not mediate any disputes or differences between the Eligible Customer and the Third-parties in relation to any Offer.

14. Payment Facility And Related Information

14.1. All the payments towards the orders for purchase of any Products and/or Services shall be compulsory in Indian Rupees only.

14.2. The information with respect to the accepted payment methods on the MomsGenie Platform shall be displayed at the time of making payment for an order which may include, but not limited to, credit card/debit card, net banking, UPI, cash on delivery or any other RBI approved payment mode as may be reflected on the MomsGenie Platform from time to time.

14.3. Cash on delivery (“COD”) payment facility is available only for the orders placed on MomsGenie Platform for delivery to any address situated within Hyper Local Area, but the COD payment facility is not available for any other order.

14.4. To facilitate the payments, you acknowledge and agree that MomsGenie may use certain Third-party vendors and service providers, including payment gateways, to process payments and manage payment card information.

14.5. With respect to the payment details provided by you to avail the payment facility, you represent, warrant and covenant that you are legally entitled and/or authorized to provide such payment details and make payments using such payment details. You shall be solely liable for the payments done through payment details and you confirm that use of such payment details by you does not violate any applicable law.

14.6. The payment facility provided by MomsGenie is neither a banking nor a financial service but is merely a facilitator for providing an electronic, automated online electronic payment system, and receiving payment on orders placed at MomsGenie Platform using the existing authorized banking infrastructure and card payment gateway networks, as may be applicable.

14.7. You agree and confirm that in respect to certain payment methods, the respective issuer may charge you additional fees; i.e., transaction fees or other fees, for the purpose of processing your payment transaction.

15. Tri Test Feature

The Tri-Test feature is designed to help customers make the best choice for their child by allowing them to experience products physically before making a final decision. By using the Tri-Test feature, customers agree to the following terms and conditions:

15.1. Eligibility and Usage

(a) Purpose: The Tri-Test feature is ideal for customers who are unsure about product attributes like color, quality, or size, or who want their child to select the product after seeing it physically.

(b) Product Selection

(c) Availability

(d) Payment Requirements

(e) Delivery and Inspection

15.2. Final Selection and Payment

(a) Product Retention

(b) Return Policy

15.3. Additional Conditions

(a) Exclusions:

(b) Abuse of Feature:

By proceeding with the Tri-Test feature, customers acknowledge and agree to abide by these terms and conditions.

Moms Genie reserves the right to amend these terms at any time without prior notice. For any queries, please contact our customer support team at support@momsgenie.com

16. Order Cancellation

16.1. You understand, acknowledge and agree that –

(a) Any order placed on MomsGenie Platform for slotted delivery to any address situated within Hyper Local Area can be cancelled by you only until 45 minutes prior to its slotted delivery time; however, no cancellation is allowed for instant deliveries.

(b) Any order placed on MomsGenie Platform for delivery to any address situated within E-commerce Area can be cancelled only within 24 hours of placing that order or before that order is dispatched/shipped, whichever is earlier. Such orders cannot be cancelled once the ordered item has been dispatched/shipped.

(c) You cannot cancel any order placed on MomsGenie Platform for delivery to any address situated within Hyper Local Area or E-commerce Area if you have requested to remove the price tag/MRP from the ordered item.

(d) In case you do not, or are unable to, cancel any order of yours on MomsGenie Platform within the permitted deadlines specified in these Terms and/or MomsGenie’s Policies, and later the ordered product is not accepted by you at the time of its delivery, we will cancel that order at our end and refund the order value, but only after deducting the delivery fees and packing charges, if any, incurred by us on that order, and which are included and specified in the order value.

(e) For all such orders that are cancelled by you in accordance with conditions specified in this Section, full refund will be issued to your original payment method. However, refund for the orders placed on Cash on Delivery (COD) basis shall be transferred to your bank account as per the details thereof furnished to us by you via email at support@momsgenie.com.

(f) Your cancellation, or attempted or purported cancellation of an order, due to reasons not attributable to MomsGenie, shall amount to your breach of these Terms, and any such request shall be permitted subject to acceptance of the same by MomsGenie.

16.2. Orders may be cancelled by MomsGenie in any of the following cases:

(a) If it is suspected that a user has undertaken a fraudulent transaction.

(b) If it is suspected that a user has undertaken a transaction which does not conform to, or violates, these Terms.

(c) In case of unavailability of Product(s)/Service(s).

(d) For any reason outside the control of MomsGenie, including causes for delivery-related logistical difficulties.

(e) For such cancellations, MomsGenie will initiate a refund, if any, against the relevant order, within approximately 72 hours.

16.3. Further, MomsGenie aims to ensure that specifications and prices of all Products/Services offered for sale are true and correct. While precautions are taken to ensure accuracy thereof, at times, the specifications/prices may not be current or may be inaccurate on account of technical issues, typographical errors; and in such an event, you shall be notified as soon as such error comes to the notice of MomsGenie. In each such case, notwithstanding anything to the contrary, MomsGenie reserves the right to cancel the order and initiate a refund, if any, against the relevant order in the form of credit/cashback/coupon/promotional codes equivalent to the value of the relevant order which shall be available for use against a subsequent invoice for transactions on the MomsGenie Platform, in accordance with the specified terms, if any, such as validity period specified for use thereof.

16.4. We reserve the right to deny access to non-complying users that appear to be involved in fraudulent transactions at any time, or cancel any orders placed by them in future.

17. Taxes On Your Order

17.1. In respect of the order placed by you, MomsGenie shall issue documents like order summary, tax invoices, etc. as mandated per the applicable law and common business practices.

17.2. The above documents can be seen on the order summary page once the goods have been delivered to you.

17.3. You acknowledge and agree that entitlement to any GST benefits with respect to Products/Services purchased through MomsGenie Platform will be strictly subject to submission of your specific written request for availing GST benefits, along with valid GST number and other requisite details by you via email to  info@momsgenie.com at the time of order placement on the MomsGenie Platform.

18. Grievance Redressal Mechanism

18.1. 

19. Indemnity

19.1. Notwithstanding anything to the contrary, you agree to indemnify, defend, and hold harmless theGenie Parties from and against any Third-party claims, damagesactual and/or consequential actions, proceedings, demands, losses, liabilities, costs and expenses (including reasonable legal fees) suffered or reasonably incurred by them arising as a result of, or in connection with:

(a) Your Comment and/or content posted on MomsGenie Platform.

(b) Your unauthorized use of the MomsGenie Platform and MomsGenie Platform Services, or Products or Services included or advertised in the MomsGenie Platform Services.

(c) Your access to and use of the MomsGenie Platform Services.

(d) Your violation of any rights of any Third-party.

(e) Your breach of these Terms (including Privacy Policy and any infringement by you of the intellectual property rights of any Third-party) and/or applicable law.

19.2. We retain the exclusive right to settle, compromise and pay, without your prior consent, any and all claims or causes of action which are brought against us on account of any of the foregoing events. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter, in which we are named as a defendant and/or for which you have indemnity obligations, without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it. This Section shall survive the expiry or termination of these Terms.

20. Limitation Of Liability

Notwithstanding anything to the contrary:

20.1. MomsGenie Parties shall not be liable for any claims, damages or losses to you, any user, any customer or any other person (including, but not limited to, recipient(s) of any gift(s) ordered by you on MomsGenie Platform) other than as established by a non-appealable order of a court of competent jurisdiction.

20.2. Subject to the above, the maximum aggregate liability of the MomsGenie Parties, if any, as so established and ordered, shall in no event extend beyond refund of the money charged from the relevant user for purchases made pursuant to the relevant order with respect to which such liability has arisen and been established.

20.3. MomsGenie shall not be liable, under any circumstances, whether in contract or in tort, for any indirect, special, consequential, exemplary, punitive or incidental losses or damages, including on grounds of loss of profit, loss of reputation or loss of business opportunities.

20.4. You must commence any legal action against us within one year after the alleged harm initially occurs. Failure to commence the action within that period shall forever bar any claims or causes of action regarding the same facts or occurrence, notwithstanding any statute of limitations or other law to the contrary; however, within this period, any failure by us to enforce or exercise any provision of these Terms or any related right shall not constitute a waiver of that right or provision.

21. Misrepresentation

21.1. MomsGenie shall assume no responsibility for any communication not authorised by MomsGenie with respect to any offers, promotions, houseful sale, etc. This includes, but is not limited to, fraud or misrepresentation caused by any Third-party administrators resulting in loss or injury to the user. Users are cautioned that MomsGenie does not run any call centre, and does not make available for communication any landline/mobile number/email ID/social media channel/any other electronic means to its users, except as specifically set out in these Terms and to that end, you are cautioned against unauthorised persons/fraudsters and imposters claiming to be calling/answering on MomsGenie’s behalf. In case any user wishes to communicate, the user may communicate at the following/email address:  info@momsgenie.com, marking it to the attention of Mr. Utpal Jha.

21.2. PLEASE NOTE: MomsGenie does not solicit confidential information such as OTP/CVV/PIN NUMBER/Card number either through call or mail or any other means, neither will MomsGenie ask you to share any sensitive data or information via email or telephone. If you receive any such request by email or telephone, please do not respond/divulge any sensitive data or information. Please do not reveal these details to fraudsters and imposters claiming to be calling on MomsGenie’s behalf.

21.3. Please report suspicious activities to  info@momsgenie.com.

22. Delivery Timelines

22.1. 

23. User's Agreement, Declaration And Confirmation

You understand, agree and confirm -

23.1. That you shall be solely responsible for providing the correct delivery details, including recipient name, address, contact details, etc. and making the payments against all orders placed through your account, whether for delivery to your own address or someone else’s address. MomsGenie shall not have any liability/obligation in this respect (including accepting any refund/order cancellation requests).

23.2. That if any product delivery is delayed or is returned from its destination (including as a result of you providing incorrect name or address or other incorrect/misleading information or recipient’s unavailability or refusal to accept the order at the time of delivery), MomsGenie shall not be liable for the same/responsible to make re-delivery. Any costs incurred by MomsGenie in this respect shall be borne by you.

23.3. That while MomsGenie makes best endeavors to ensure that Products/Services are delivered to you within the period reflected at the time of placing the order, MomsGenie does not make any representation, guarantee or warranty in relation to the delivery time as the estimated delivery time may be changed without notice and there could be delays for reasons beyond the reasonable control of MomsGenie.

23.4. That you shall be solely responsible for the products in case you direct the Delivery Associate to leave the same at your doorstep and/or handover the same to any other person. In such cases, you shall not claim any amount/refund from MomsGenie in case of any loss/damage to/deficiency in any Products/Service.

23.5. That in case of cash on delivery orders placed through your account (whether for delivery to your own address or someone else’s address), it shall be your sole responsibility and obligation to make the cash amount payment/ensure that such payment is made and further ensure that the same is accurate (i.e., neither less nor additional cash amount is paid to the Delivery Associates). We shall not be liable for any discrepancy in this respect.

23.6. To use the MomsGenie Platform Services provided by MomsGenie for lawful purposes only, and comply with all applicable laws and regulations while using/accessing and transacting on the MomsGenie Platform.

23.7. That you will provide authentic and true information in all instances where any information is requested of you. MomsGenie reserves the right to confirm and validate the information and other details provided by you at any point of time.

23.8. That if at any time, the information provided by you is found to be false or inaccurate (wholly or partly), MomsGenie shall have the right in its sole discretion to reject registration, cancel all orders, and debar you from using MomsGenie Platform Services and other affiliated services in the future without any prior intimation whatsoever, and without any liability to you.

23.9. That you are accessing MomsGenie Platform Services made available by MomsGenie and transacting at your sole risk and are using your best and prudent judgement before entering into any transaction through the MomsGenie Platform.

23.10. That transactions through the MomsGenie Platform may be subject to delivery charges, handling charges, convenience charges, small cart charges, high demand surge charges, rain surge charge, print charges, packing charges, gift charges or such other fees/charges as may be levied from time to time (collectively, “Service Charges”). You shall be informed of such Service Charges prior to placing your order on the MomsGenie Platform at the stage of check-out. By placing the order, you agree to pay for such Service Charges.

23.11. Service Charges may vary from order to order, which may be determined on multiple factors such as order/cart value, distance, time of the day, time taken, demand for delivery, real time analysis of traffic and weather conditions, seasonal peaks or such other parameters as may be determined from time to time.

23.12. That before placing an order, you acknowledge to have checked and reviewed the description of the concerned Product/Service carefully and in sufficient detail. By placing an order on the MomsGenie Platform, you agree to be bound by the conditions of sale included in the description of the concerned Product/Service without exception.

23.13. That by using the MomsGenie Platform or any MomsGenie Platform Services, you may encounter content that may be deemed by some to be offensive, indecent, or objectionable, which content may or may not be identified as such. You agree to use the MomsGenie Platform and any MomsGenie Platform Service at your sole risk; and that to the fullest extent permitted under applicable law, the MomsGenie Parties shall have no liability to you for any content that may be deemed offensive, indecent, or objectionable to you.

24. Termination

24.1. MomsGenie, in its sole discretion and without liability, reserves the right to terminate or refuse your registration/account on MomsGenie Platform; terminate your use of the MomsGenie Platform/MomsGenie Platform Services; and/or restrict or refuse to permit, your usage/access to the MomsGenie Platform/MomsGenie Platform Services, without notice, with or without cause including if MomsGenie has reason to believe (including through evaluating your usage patterns), whether after giving notice or otherwise that:

(a) You do not conform the eligibility criteria, or the eligibility criteria is not met/is violated you.

(b) You may commit/be in breach of these Terms and MomsGenie’s Policies.

(c) We may immediately deactivate or delete your account and all related information and/or bar any further access to your account or the MomsGenie Platform Services.

(d) If you use the MomsGenie Platform Services in violation of these Terms, we may, in our sole discretion, retain all data collected from your use of the MomsGenie Platform Services.

(e) Further, you agree that we shall not be liable to you or any Third-party for the discontinuation or termination of your access to the MomsGenie Platform Services.

24.2. You may delete your account at any time by using the option as available on the MomsGenie Platform and ceasing further use of the MomsGenie Platform Services. Your personal data will be processed in accordance with MomsGenie’s Privacy Policy as updated from time to time.

24.3. MomsGenie’s rights to any Comments, indemnification rights and provisions relating to Governing Law and Jurisdiction, shall survive any expiry and termination of these Terms. Any such termination of these Terms shall not affect/waive your obligation to pay for Products purchased and/or Services already ordered/availed from the MomsGenie Platform or affect any liability that may have arisen or may arise relating to events preceding the date of termination.

25. GOVERNING LAW & JURISDICTION

25.1. These Terms shall be governed by and construed in accordance the laws of India without giving effect to the principles of conflict of laws thereunder

25.2. Courts at Gurgaon shall have exclusive jurisdiction over any proceedings arising in respect of these Terms and/or MomsGenie’s Policies.

26. EFFECTIVE DATE

26.1. These of Use are effective as of October.