TERMS OF USE
Please read the Terms of Use (‘Terms of Use’) set out below carefully before ordering any product from the Mommy’s Health Kitchenwebsite (‘Website’, ‘Us’, ‘Our’, www.mommyshealthkitchen.com). By using this Website, or accessing it via any other means, you agree to be bound by these Terms of Use.
These Terms of Use govern the access or views by you, an individual from within India, and its territories and possession of Applications, Websites, Content, Products and Services (“The Services”) made available in India and its territories and possessions by Mommy’s Health Kitchenand its subsidiaries and affiliates (collectively Mommy’s Health Kitchen). Please read these terms carefully before accessing or using the services.
DEFINITIONS
- “Agreement” refers to these Terms of Use, the Privacy Policy, any order form and payment instructions provided to you;
- “Privacy Policy” refers to the policy displayed on our Website which details how we collect and store your personal data;
- “You”, “your” and “yours” are references to you - the person accessing this Website and ordering any Products or Services from the Website or from any other channel provided by Mommy’s Health Kitchen;
- “We”, “us”, “our”, www.mommyshealthkitchen.com, and “Mommy’s Health Kitchen” are references to the Company;
- “Products” is a reference to any goods which we may offer for sale from our Website from time to time;
- “Website” is a reference to our Website: www.mommyshealthkitchen.com or our mobile applications on which we offer our Products and/ or Services.
USER INFORMATION
Mommy’s Health Kitchen values the Customer Information that you entrust to us, and understands the importance of keeping such it confidential and secure. The information we collect may include your personal information, capable of identifying you as a particular individual, including but not limited to your name, phone number, email address and purchase preferences.
We therefore make it our highest priority to ensure that we look after your information and use it responsibly. By providing your information to us, you accept and consent to the collection, storage and processing of your information.
Mommy’s Health Kitchen may collect your personal information
- when you register an account
- when you purchase products on the Website
- when you participate in contests, competitions, questionnaires and surveys
- when you contact us
- when you provide certain content to Mommy’s Health Kitchen, for example testimonials and customer reviews
- from third party sources, for example credit checking agencies.
Mommy’s Health Kitchen may use your personal information including but not limited to the following:
- registering your account with Mommy’s Health Kitchen
- for fulfilling orders
- for responding to your queries
- for improving your Mommy’s Health Kitchenexperience and providing you with information about our services, special offers and promotions.
Mommy’s Health Kitchen will only share customer information with its carefully selected third party Partners for necessary business administration , customer delivery, marketing, operational and analytical purposes.
Mommy’s Health Kitchen may also share customer information with third parties for the purpose of data analysis, and quality assurance, including fraud prevention.
Mommy’s Health Kitchenuses leading technology and security measures (electronic, physical and procedural) to ensure the safety and confidentiality of customer information through collection, storage and disclosure. Such measures include maintaining a secure encryption based transmission system in respect of customer information.
ORDERING
Goods purchased from this Website are intended for your use only and are not meant for resale. Please also note that you should check that the product you are ordering is suitable for the intended recipient.
You agree to take particular care when providing us with your details and warrant that they are accurate and complete at the time of ordering. You also warrant that the credit or debit card details that you provide are for your own credit or debit card and that you have sufficient funds to make the payment.
When ordering from this Website, you can shop without signing in or creating an account. If you opt to create an account by signing in using an e-mail address and password, you must ensure that you keep the combination of these details secure and do not provide this information to a third party.
We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the Website.
Any order that you place with us is subject to kitchen capacity and acceptance by us. At the time that you place your order, you will receive an automatically generated email confirmation, so that you have confirmation of your order details. You must inform us immediately if any details are incorrect.
The fact that you receive an automatic confirmation does not necessarily mean that we will be able to fill your order – this is dependent on delivery partner availability and your delivery address. In the event that we have to reject the order due to unavailability of any of the above, you will be informed of the same via email, and the order amount will be automatically refunded to you via the payment gateway, as per their Terms of Use.
PRICES AND PAYMENT
All prices listed on the Website are correct at the time of publication. Given the possibility of human error, we reserve the right to update or change prices and charges at any point in time, without prior notice.
At the time of checkout, the total price for the product, delivery and allied charges will be displayed in your order summary. Full payment must be online via the available payment gateway on the website using credit/ debit card or internet banking.
We also reserve the right to stop listing Products or Services at any point of time.
PAYMENT
All prices will be listed in Indian Rupees. While availing the payment method/s offered by us, we are not responsible or take no liability whatsoever in respect of any loss or damage arising directly or indirectly to you including but not limited to the following:
- A lack of authorization for any transaction/s;
- exceeding the pre-set limit mutually agreed upon between you and your Bank(s);
- any payment issues arising out of the transaction;
- decline of transaction for any other reason/s.
All payments made against the purchases/services by you shall be as against the MRP displayed, plus other applicable charges on the website and shall be in Terms of Use of the third party Payment Gateway. Use of such third party services will be governed by their User Agreement, Seller Terms, Conditions and other rules and policies as may be required and applicable for your nature of activities.
DELIVERY & PICK-UP
At the time of checkout on the website, you have the option to choose a Take Away or Courier/Local Delivery Option.
Courier/Local Delivery periods are approximate only and may vary. While we will make every effort to deliver within the time stated, we will not be liable for any loss caused to you by ordering late or delays caused by our delivery partner(s). In the event of a late service delivery, the service delivery charge will neither be voided nor refunded by Mommy’s Health Kitchen.
In the event that you opt to collect your own order from the Mommy’s Health Kitchenlocation (Take Away), if you fail to pick-up the order at the time it is ready for delivery or at the nominated time under any circumstances, then all risk and responsibility in relation to such orders shall pass to you. Any storage, insurance and other costs which we incur as a result of this shall be your responsibility and you shall indemnify us in full for such cost. All risk in the Order and the Service Delivery shall pass to you upon completion.
CANCELLATION & REFUNDS
Once an order is placed, we do not allow cancellations or refunds. In the event that we require to cancel an order for any reason, we will notify you via email, with the reason for cancellation, and the payment that you have made will be automatically refunded via the payment gateway, as per their terms.
INFORMATION
You authorize us to use, store or otherwise process your personal information in order to provide the Products or Services to you and for marketing and credit control purposes. This may include the disclosure of your personal information to selected third parties from time to time where we believe that the services offered by such third parties may be of interest to you or where this is required by law or in order to provide the Goods or Service to you. More information can be found in our Privacy Policy on this website.
COMPLAINTS
We take complaints very seriously and aim to respond to your complaints within 5 business days. All complaints should be addressed to info@mommyshealthkitchen.com.
DISCOUNTS AND PROMOTIONS
From time to time Mommy’s Health Kitchenmay run promotional offers on its platforms in the form of discounts that can be applied. Promotions that are offered as valid for new customers only may not be applied to existing accounts or individuals who already have a Mommy’s Health Kitchenaccount, whether active or dormant. In all cases, such discounts may only be redeemed against the purchase of products on the Website.
LIMITATION OF LIABILITY
Great care has been taken to ensure that the information available on this Website is correct and error free. We apologize for any errors or omissions that may have occurred. We cannot warrant that use of the Website will be error free or fit for purpose, timely, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the Website and we do not make any warranty whatsoever, whether express or implied, relating to fitness for purpose, or accuracy.
We cannot accept any liability for any loss, damage or expense, including any direct or indirect loss such as loss of profits to you, howsoever arising. We do not accept any liability for any delays, failures, errors or omissions or loss of transmitted information, viruses or other contamination or destructive properties transmitted to you or your computer system via our Website.
The products sold on our Website are provided for private domestic and consumer use only.
We shall not be held liable for any failure or delay in performing Services or delivering products where such failure arises as a result of any act or omission, which is outside our reasonable control such as all overwhelming and unpreventable events caused directly and exclusively by forces of nature that can be neither anticipated, nor controlled, nor prevented by the exercise of prudence, diligence, and care, including but not limited to: war, riot, civil commotion; compliance with any law or governmental order, rule, regulation or direction and acts of third parties.
We have taken all reasonable steps to prevent Internet fraud and ensure any data collected from you is stored as securely and safely as possible. However, we cannot be held liable in the extremely unlikely event of a breach in our secure computer servers or those of third parties.
GENERAL
The Terms of Use together with the Privacy Policy, any order form and payment instructions constitute the entire agreement between you and us. No other terms whether expressed or implied shall form part of this Agreement. In the event of any conflict between these Terms of Use and any other term or provision on the Website, these Terms of Use shall prevail.
If any term or condition of our Agreement shall be deemed invalid, illegal or unenforceable, the parties hereby agree that such term or condition shall be deemed to be deleted and the remainder of the Agreement shall continue in force without such term or condition.
These Terms of Use and our Agreement shall be governed by and construed in accordance with the Laws of India. The parties hereto submit to the exclusive jurisdiction of the courts of Bangalore, Karnataka, India. All dealings, correspondence and contacts between us shall be made or conducted in the English language.
No delay or failure on our part to enforce our rights or remedies under the Agreement shall constitute a waiver on our part of such rights or remedies unless such waiver is confirmed in writing.
We may alter or vary the Terms of Use at any time without notice to you. Your continued subscription to our Services and use of our Website constitutes an acceptance of the current Privacy Policy and Terms & Conditions. Therefore, we encourage you to visit all our policy pages periodically to review any changes.