Introduction
Welcome to Momsy Kid (“Website” or “Momsykid.com”), an online service provided by Kerala Exotics. This Website is owned and operated by Kerala Exotics. (Momsy Kid.' or 'Team Momsy Kid, 'we' or 'us'). Our registered office is located at: Kerala Exotics, TC 13/212-A, Teekoy PO, Kottayam, 686580. Phone: +91 7025677766. In visiting and/or using Momsy Kid, of Kerala Exotics, you are deemed to have accepted the Terms and Conditions of the agreement listed below or as may be revised from time to time, which is, for an indefinite period and you understand and agree that you are bound by such terms till the time you access this website. If you have any queries about these terms & conditions or have any comments or complaints on or about the website, please email us at mailto:care@momsykid.com.
We reserve the right to change these terms & conditions from time to time without any obligation to inform you and it is your responsibility to look through them as often as possible.
Ownership of rights
Team Momsy Kid has taken every precaution in the preparation of the content of this website, in particular to ensure that prices quoted are correct at the time of publishing and all products have been fairly described. All prices are displayed inclusive of GST. Services however are listed exclusively of service tax as rules for service tax vary with different services. Packaging may vary from that shown. The weights, dimensions and capacities given are approximate only. We have made every effort to display as accurately as possible the colors of our products that appear on the website. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will accurately reflect the color of the product on delivery. To the extent permitted by applicable law, Team Momsy Kid disclaims all warranties, express or implied, as to the accuracy of the information contained in any of the materials on this website. Team Momsy Kid shall not be liable to any person for any loss or damage that may arise from the use of any of the information contained in any of the materials on this website.
Those who choose to access this website from Indian states that restrict such use are responsible for compliance with local laws if and to the extent local state laws are applicable. Momsykid.com will deliver the products only within states having open import policy and will not be liable for any claims relating to any products ordered from restricted states.
Except where additional terms and conditions are provided, which are product specific, these terms and conditions supersede all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with any other terms of any order submitted. By using the services of momsykid.com you agree to be bound by these Terms and Conditions.
Account and Registration Obligations
Momsykid.com does not want to receive confidential, proprietary or trade secret information through this Website (excluding information related to any order you submit). Please note that any information, materials, suggestions, ideas or comments sent to momsykid.com will be deemed non-confidential. By submitting any such information, you are granting momsykid.com an irrevocable and unrestricted license to use, modify, reproduce, transmit, display and distribute such materials, information, suggestions, ideas or comments for any purpose whatsoever. However, we will not use your name in connection with any such materials, information, suggestions, and ideas or comments unless we first obtain your permission or otherwise are required by law to do so.
You also agree and confirm:
• To provide true, accurate, current and complete information about yourself as prompted by the momsykid.com registration form or the guest details form (such information being the “Registration Data”).
•That in the event that a non-delivery occurs on account of a mistake by you (i.e. wrong name or address or any other wrong information) any extra cost incurred by momsykid.com for redelivery shall be claimed from you and you shall pay such cost.
• You will provide authentic and true information in all instances where such information is requested of you. Momsykid.com reserves the right to confirm and validate the information and other details provided by you at any point of time. If upon confirmation your details are found not to be true (wholly or partly), Momsykid.com has the right in its sole discretion to reject the registration and debar you from using the Services of Momsykid.com and or other affiliated websites without prior intimation whatsoever.
• That the address at which delivery of the product ordered by you is to be made will be correct and proper in all respects.
• Disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material.
• Transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice.
• Gaining unauthorized access to other computer/network systems.
• Interfering with any other person's use or enjoyment of the Website.
• Breaching any applicable laws;
• Interfering or disrupting networks or websites connected to the Website.
• Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.
Quantity Restrictions
While Momsykid.com strives to provide accurate product and pricing information, pricing or typographical errors may occur. Momsykid.com cannot confirm the price of a product until after you order. In the event that a product is listed at an incorrect price or with incorrect information due to an error in pricing or product information, Momsykid.com shall have the right, at our sole discretion, to refuse or cancel any orders placed for that product, unless the product has already been dispatched. In the event that an item is mispriced, Momsykid.com may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Unless the product ordered by you has been dispatched, your offer will not be deemed accepted and Momsykid.com will have the right to modify the price of the product and contact you for further instructions using the email address provided by you during the time of registration, or cancel the order and notify you of such cancellation. In the event that Momsykid.com accepts your order the same shall be debited to your credit/debit card account and duly notified to you by email that the payment has been processed. The payment may be processed prior to Momsykid.com dispatch of the product that you have ordered. If we have to cancel the order after we have processed the payment, the said amount will be reversed back to your credit/ debit card account.
We strive to provide you with best value, however prices and availability are subject to change without notice.
Cancellation by Momsykid.com
We will seek authorization on your Card for the aggregate amount of the order placed by you, however, we may charge your card (capture) only with the amount corresponding to the actual portion of the order that we are able/willing to fulfill, and any associated shipping charges/taxes and levies etc. Any surplus amount, for which we might have originally sought and received an authorization on your card from your Card Issuer, if not captured by us in the time period stipulated by our Merchant Banker, will not be captured / charged. If, however, the same is charged to your card / bank account in error, we will refund it as soon as the same is realized by us or brought to our notice, whichever is sooner. Momsykid.com reserves the right to capture/charge your card to the full or partial authorized amount for the concerned order.
Cancellations by the customer
• Any refund against a return request made to Momsykid.com customer support, and collected by courier from the delivery address where the item was originally delivered, shall be processed only upon receipt of the merchandise in unused condition, along with the original sales invoice.
• After the merchandise is received by Momsykid.com, and subject to verification of the purchase and condition of merchandise we shall process a refund/exchange within 5 working days of receipt of the merchandise.
• Refunds of payments charged to the Cardholder’s credit/debit card will only be credited back to the Cardholder’s credit/debit card account, which was used to pay for the original order. Please note that we shall not be responsible for any delays in credit to the Cardholder’s credit/debit card account as that is managed by the Cardholder’s issuing bank.
• All items can only be returned through courier collection process
Financial Details
Momsykid.com and its associated acquiring bank or financial institutions reserve the right to recover the cost of goods, collection charges and lawyers’ fees from persons using the Website fraudulently. Momsykid.com and its associated acquiring banks or financial institutions reserve the right to initiate legal proceedings against such persons for fraudulent use of the Website and any other unlawful acts or acts or omissions in breach of these terms and conditions.
Electronic Communications
All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to Momsykid.com on or by this Website or otherwise disclosed, submitted or offered in connection with your use of this Website (collectively, the “Comments”) shall be and remain Momsykid.com property. Such disclosure, submission or offer of any Comments shall constitute an assignment to Momsykid.com of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, Momsykid.com owns exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Momsykid.com will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. Momsykid.com is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay you any compensation for any Comments; or (3) to respond to any Comments. You agree that any Comments submitted by you to the Website will not violate this policy 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 to the Website will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of 'spam'.
Momsykid.com and its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials, which appear on this Website. Access to this Website does not confer and shall not be considered as conferring upon anyone any license under any of Momsykid.com or any third party's intellectual property rights. All rights, including copyright, in this website are owned by or licensed to Momsykid.com. Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, noncommercial use is prohibited without the permission of Momsykid.com. You may not modify, distribute or repost anything on this website for any purpose.
References on this Website to any names, marks, products or services of third parties or hypertext links to third party websites or information are provided solely as a convenience to you and do not in any way constitute or imply Momsykid.com endorsement, sponsorship or recommendation of the third party, information, product or service.
All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of this Website (collectively, the 'Contents') are intended solely for personal, noncommercial use. You may download or copy the Contents and other downloadable materials displayed on the Website for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Content, the Website or any related software. All software used on this Website is the property of Momsykid.com or its suppliers and protected by Indian and international copyright laws. The Content and software on this Website may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Content on this Website is strictly prohibited. Unless otherwise noted, all Content are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by Momsykid.com, one of its affiliates or by third parties who have licensed their materials to Momsykid.com and are protected by Indian and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all Content on this Website is the exclusive property of Momsykid.com and is also protected by Indian and international copyright laws.
Objectionable Material
You agree to defend, indemnify and hold harmless Momsykid.com, its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to Momsykid.com or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the nonfulfillment of any of your obligations under this User Agreement or arising out of your violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this User Agreement.
Termination
Momsykid.com may terminate this User Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Website. Such termination will be without any liability to Momsykid.com. Upon any termination of the User Agreement by either you or Momsykid.com, you must promptly destroy all materials downloaded or otherwise obtained from this Website, as well as all copies of such materials, whether made under the User Agreement or otherwise. Momsykid.com’s right to any Comments shall survive any termination of this User Agreement. Any such termination of the User Agreement shall not cancel your obligation to pay for the product already ordered from the Website or affect any liability that may have arisen under the User Agreement.
Limitation of Liability and Disclaimers
The Website provides content from other Internet websites or resources and while Momsykid.com tries to ensure that material included on the Website is correct, reputable and of high quality, it cannot accept responsibility if this is not the case. Momsykid.com will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Website.
To the fullest extent permitted under applicable law, Momsykid.com or its suppliers shall not be liable for any indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the Website, its services or this User Agreement.
Momsykid.com its associates and technology partners 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, Momsykid.com assumes no liability whatsoever for any monetary or other damage suffered by you on account of the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Website; and/or any interruption or errors in the operation of the Website.
Website Security
You are prohibited from violating or attempting to violate the security of the Website, including, without limitation,
ny TCP/IP packet header or any part of the header information in any email or newsgroup posting.
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between you and Momsykid.com with respect to the Momsykid.com websites/services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Momsykid.com with respect to the Momsykid.com websites/services. Momsykid.com's failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches.
Governing Law and Jurisdiction
Any dispute or difference either in interpretation or otherwise, of any terms of this User Agreement between the parties hereto, the same shall be referred to an independent arbitrator who will be appointed by Kerala Exotics. and his decision shall be final and binding on the parties hereto. The above arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996 as amended from time to time. The arbitration shall be held in Cochin. The High Court of judicature at Cochin alone shall have the jurisdiction and the Laws of India shall apply.
Grievance Officer
The name and contact details of Mr. K T Sebastian the grievance officer is mentioned below
MomsyKid,
Ground Floor, Sayujjiam Pauls Building, Sasthavattom, Kattayikonam, Kerala 695584
Mob No. - +91 755 900 9993
Any aggrieved party can contact the grievance officer at the above email. id to register their complaints regarding access or usage of the computer resources in violation of law or in such a manner that causes harm.
Modification of Terms and conditions of Service
Momsykid.com may at any time modify the User Agreement without any prior notification to you. Subsequent to any modification of the User Agreement, we will inform you of the modifications in the User Agreement via email at the address provided by you while registering on Momsykid.com. You can access the latest version of the User Agreement at any given time on Momsykid.com. You should regularly review the User Agreement on Momsykid.com. In the event the modified User Agreement is not acceptable to you, you should discontinue using the service. However, if you continue to use the service you shall be deemed to have agreed to accept and abide by the modified User Agreement.