Terms & Conditions

Products

2.1. The Website is a platform that facilitates the online purchase of products (“Products”) offered by mothersyard.com only. mothersyard.com is the sellers of Products on the Website and will be solely responsible to you for the Products sold and purchased by you through the Website.

2.2. mothersyard.com is constantly evolving in order to provide the best possible experience and information to its users. You acknowledge that mothersyard.com has the right to change or discontinue the sale of any Product at any time, without notice. You further acknowledge that mothersyard.com may add or modify the procedures, modes, processes or conditions at any time to adapt to changes that Mothersyard may make to the Products. You agree that Mothersyard shall not be liable to you or to any third party for any modification, suspension or discontinuance of any Product(s).

2.3. While availing Mothersyard, the User acknowledges and agrees that information provided by Mothersyard anywhere on the Website is indicative only. In any case, a User is not bound by any contract. It is recommended that the User records the price and the Product, for no further issues. Mothersyard, in any case, will not be held responsible for any such issues.

PLEASE NOTE: We (mothersyard.com) under any circumstances will not have any responsibility to the user or liability to the user.

Eligibility

3.1. Use of the Website 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, 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 User of this Website and shall not transact on or use 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 on the Website. We reserve the right to terminate your membership and/ or 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.

3.2. Mothersyard reserves the right to refuse access to use the services offered at the Website to new Users or to terminate access granted to existing Users at any time without according any reasons for doing so.

3.3. You shall not have more than one active account on the Website. Additionally, you are prohibited from selling, trading, or otherwise, transfer your Account to another party.

User Account, Password, and Security

4.1. The services available to you through the Website only if you have provided Mothersyard certain required User information and created an account (“Account”) through Mothersyard ID and password or other log-in ID and password, including but not limited to a Facebook, Gmail or any other valid email ID (collectively, the “Account Information”).

4.2. The Website requires you to register as a User by creating an Account in order to avail of the services provided by the Website. You will be responsible for maintaining the confidentiality of the Account Information, and are fully responsible for all activities that occur under your Account. You agree to (a) immediately notify Mothersyard of any unauthorized use of your Account Information or any other breach of security, and (b) ensure that you exit from your Account at the end of each session. Mothersyard cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.

4.3. You may be held liable for losses incurred by Mothersyard or any other user of or visitor to the Website due to the authorized or unauthorized use of your Account as a result of your failure in keeping your Account Information secure and confidential.

4.4. The Website also allows restricted access to the services for unregistered Users.

4.5. You shall ensure that the Account Information provided by you in the Website’s registration form is complete, accurate and up-to-date. The use of another user’s Account Information for availing the services is expressly prohibited.

4.6. If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Mothersyard has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Mothersyard has the right to suspend or terminate your Account and refuse any and all current or future use of the Website (or any portion thereof).

User Obligations

5.1. Subject to compliance with the Terms of Use, Mothersyard grants you a non-exclusive, limited privilege to access and use this Website and the Products listed therein.

5.2. You agree to use the services, Website and the materials provided therein only for purposes that are permitted by (a) the Terms of Use; and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.

5.3. You agree to adhere to all limitations on dissemination, use, and reproduction of any materials (such as the product catalogs) that you access on the Website in accordance with Section 7.

5.4. You agree not to access (or attempt to access) the Website and the materials or services by any means other than through the interface that is provided by Mothersyard. You shall not use any deep-link, robot, spider or other automatic devices, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any a portion of the Website or Content (as defined below), or in any way reproduce or circumvent the navigational structure or presentation of the Website, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website.

5.5. You acknowledge and agree that by accessing or using the Website, you may be exposed to content from other users that you may consider offensive, indecent or otherwise objectionable. Mothersyard disclaims all liabilities arising in relation to such offensive content on the Website. Further, you may report such offensive content in the manner prescribed under Section 17 herein.

5.6. If the Website allows you to post and upload any material on the Website, you hereby undertake to ensure that such material is not offensive and in accordance with applicable laws. Further, you undertake not to:

1. a) Defame, abuse, harass, threaten or otherwise violate the legal rights of others;
2. b) Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
3. c) Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information through any bookmark, tag or keyword;
4. d) Upload files that contain software or other material protected by applicable intellectual property laws unless you own or control the rights thereto or have received all necessary consents;
5. e) Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another’s computer;
6. f) Engage in any activity that interferes with or disrupts access to the Website (or the servers and networks which are connected to the Website); Attempt to gain unauthorized access to any portion or feature of the Website, any other systems or networks connected to the Website, to any Mothersyard server, or to any of the services offered on or through the Website, by hacking, password mining or any other illegitimate means;
7. g) Probe, scan or test the vulnerability of the Website or any network connected to the Website, nor 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 on any other user, of or visitor to, the Website, or any other customer of Mothersyard, including any Mothersyard Account not owned by you, to its source, or exploit the Website or information made available or offered by or through the Website, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the Website;
8. h) Disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, accounts, passwords, servers or networks connected to or accessible through the Websites or any affiliated or linked sites;
9. i) Collect or store data about other users in connection with the prohibited conduct and activities set forth in this Section. Use any device or software to interfere or attempt to interfere with the proper working of the Website or any of the transaction being conducted on the Website, or with any other person’s use of the Website;
10. j) Use the Website or any material or Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Mothersyard or other third parties;
11. k) Conduct or forward surveys, contests, pyramid schemes or chain letters;
12. l) Download any file posted by another user of a service that you know, or reasonably should know, cannot be legally distributed in such manner;
13. m) Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
14. n) Violate any code of conduct or other guidelines, which may be applicable for or to any particular service;
15. o) Violate any applicable laws or regulations for the time being in force within or outside India;
16. p) Violate the Terms of Use including but not limited to any applicable Additional Terms of the Website contained herein or elsewhere; and
17. q) Reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Website.

5.7. You agree that you are solely responsible for Mothersyard and to any third party for any breach of your obligations under the Terms of Use and for the consequences (including any loss or damage which Mothersyard or its affiliates or its service providers (if any) may suffer for any such breach).

5.8. You agree that Mothersyard may, at any time, modify or discontinue all or part of the Website, charge, modify or waive fees required to use the Website, or offer opportunities to some or all Website Users.

Payment:

While availing any of the payment method/s offered by us, we are not responsible or take no liability of whatsoever nature in respect of any loss or damage arising directly or indirectly to you out of the decline due to:

Lack of authorization for any transaction/s; or

Exceeding the pre-set limit mutually agreed by you and between your “Bank/s”; or

Any payment issues arising out of the transaction; or

Decline of a transaction for any other reason/s.

Transaction of any voucher/products will take a minimum of 2 working days. mothersyard.com reserves the right to hold any transaction in case they find the transaction to be suspicious.

All payments made against the purchases/services on mothersyard.com by you shall be compulsorily in Indian Rupees acceptable by the Union of India. mothersyard.com does not accept any other form of currency with respect to the purchases.

We as a merchant shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time.

Delivery:

Mothersyard will make a maximum of three attempts to deliver your order. In case the customer is not reachable or does not accept delivery of products in these attempts Mothersyard reserves the right to cancel the order(s) at its discretion. Estimated delivery time is displayed on the Order Summary page. On placing your order, you will receive an email containing a summary of the order and also the estimated delivery time to your location.

Sometimes, the delivery may take longer due to

7.1. bad weather.

7.2. light delays.

7.3. political disruptions.

7.4. wrong or incomplete addresses.

7.5. other unforeseen circumstances

In such cases, we will proactively reach out to you. Please check your emails and SMS regularly for such updates.

Coupon Redemption:

Coupon redemption is purely subjected to standard and specified terms and conditions mentioned therein.

This Terms of Use supersedes any offer related to Mothersyard.

Intellectual Property Rights:

9.1. The Website and the processes, and their selection and arrangement, including but not limited to all text, graphics, user interfaces, visual interfaces, sounds, and music (if any), artwork and computer code (collectively, the “Content”) on the Website is owned and controlled by Mothersyard and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights.

9.2. The trademarks, logos and service marks displayed on the Website (“Marks”) are the property of Mothersyard or respective third parties. You are not permitted to use the Marks without the prior written consent of Mothersyard or the third party that may own the Marks.

9.3. Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, Mothersyard Products Private Limited owns all intellectual property rights to and into the trademark “Mothersyard”, and the Website, including, without limitation, any and all rights, title, and interest in and to copyright, related rights, patents, utility models, designs, know-how, trade secrets and inventions (patent pending), goodwill, source codes, meta tags, databases, text, content, graphics, icons, and hyperlinks.

9.4. Except as expressly provided herein, you acknowledge and agree that you shall not copy, republish, post, display, translate, transmit, reproduce or distribute any Content through any medium without obtaining the necessary authorization from Mothersyard or thirty party owners of such Content.

Third-Party Content:

The Website may make available general third-party information such as product catalogs, lists of authorized dealers, and reports on news, entertainment, technology, and features, advertisements including videos, images, and photographs of the products and other data from external sources (“Third Party Content”). Similar Third-Party Content may also be available to you on the email received by you from Mothersyard. The provision of Third-Party Content is for general informational purposes only. You acknowledge that the Third-Party Content provided to you is obtained from sources believed to be reliable. Mothersyard does not provide any guarantee with respect to any the Third-Party Content and Mothersyard shall not be held liable for any loss suffered by you based on your reliance on or use of such data.

Disclaimer of Warranties & Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

11.1. THE WEBSITE, SERVICES AND OTHER MATERIALS ARE PROVIDED BY Mothersyard ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, Mothersyard MAKES NO WARRANTY THAT (I) THE WEBSITE WILL MEET YOUR REQUIREMENTS OR YOUR USE OF THE WEBSITE O WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (II) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE, SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE; (III) THE QUALITY OF THE WEBSITE, SERVICES OR OTHER MATERIALS WILL MEET YOUR EXPECTATIONS; OR THAT (IV) ANY ERRORS OR DEFECTS IN THE WEBSITE, SERVICES OR OTHER MATERIALS WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Mothersyard SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.

11.2. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Mothersyard WILL HAVE NO LIABILITY RELATED TO USER CONTENT ARISING UNDER INTELLECTUAL PROPERTY RIGHTS, LIBEL, PRIVACY, PUBLICITY, OBSCENITY OR OTHER LAWS. Mothersyard ALSO DISCLAIMS ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF ANY USER CONTENT.

11.3 Mothersyard WILL NOT BE LIABLE FOR ANY LOSS THAT YOU MAY INCUR AS A CONSEQUENCE OF UNAUTHORIZED USE OF YOUR ACCOUNT OR ACCOUNT INFORMATION IN CONNECTION WITH THE WEBSITE OR ANY SERVICES OR MATERIALS, EITHER WITH OR WITHOUT YOUR KNOWLEDGE. Mothersyard HAS ENDEAVORED TO ENSURE THAT ALL THE INFORMATION ON THE WEBSITE IS CORRECT, BUT Mothersyard NEITHER WARRANTS NOR MAKES ANY REPRESENTATIONS REGARDING THE QUALITY, ACCURACY OR COMPLETENESS OF ANY DATA, INFORMATION, PRODUCT OR SERVICE. Mothersyard SHALL NOT BE RESPONSIBLE FOR THE DELAY OR INABILITY TO USE THE WEBSITE OR RELATED FUNCTIONALITIES, THE PROVISION OF OR FAILURE TO PROVIDE FUNCTIONALITIES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, FUNCTIONALITIES AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. FURTHER, Mothersyard SHALL NOT BE HELD RESPONSIBLE FOR NON-AVAILABILITY OF THE WEBSITE DURING PERIODIC MAINTENANCE OPERATIONS OR ANY UNPLANNED SUSPENSION OF ACCESS TO THE WEBSITE THAT MAY OCCUR DUE TO TECHNICAL REASONS OR FOR ANY REASON BEYOND Mothersyard’S CONTROL. THE USER UNDERSTANDS AND AGREES THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEBSITE IS DONE ENTIRELY AT THEIR OWN DISCRETION AND RISK AND THEY WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THEIR COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. Mothersyard IS NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERROR LEADING TO AN INVALID COUPON. Mothersyard ACCEPTS NO LIABILITY FOR ANY ERRORS OR OMISSIONS, WITH RESPECT TO ANY INFORMATION PROVIDED TO YOU WHETHER ON BEHALF OF ITSELF OR THIRD PARTIES.

11.4. Mothersyard SHALL NOT BE LIABLE FOR ANY THIRD-PARTY PRODUCT OR SERVICES. THE ADVERTISEMENT AVAILABLE ON E-MAIL OR WEBSITE WITH RESPECT TO THE THIRD-PARTY WEBSITE OR THE PRODUCTS AND SERVICES ARE FOR INFORMATION PURPOSE ONLY.

Indemnification and Limitation of Liability:

12.1. You hereby agree to indemnify, defend and hold harmless Mothersyard including but not limited to its affiliate, service providers, agents, and employees from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Mothersyard that arise out of, result from, or maybe payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by you pursuant to these Terms of Use. Further, you agree to hold Mothersyard harmless against any claims made by any third party due to, or arising out of, or in connection with, your use of the Website, any claim that your material caused damage to a third party, your violation of the Terms of Use, or your violation of any rights of another, including any intellectual property rights.

12.2. Notwithstanding anything to the contrary, Mothersyard’s entire liability to you under this Terms of Use or otherwise shall be the refund of the money charged from you for any specific voucher or product or service, under which the unlikely liability arises.

12.3. In no event shall Mothersyard, its officers, directors, employees, partners or suppliers be liable to you or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not Mothersyard has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortuous action, or any other claim arising out of or in connection with your use of or access to the Website, services or materials.

12.4. The limitations and exclusions in this section apply to the maximum extent permitted by applicable law.

Violation of the Terms of Use:

13.1. You agree that Mothersyard may, in its sole discretion and without prior notice, terminate your access to the Website and block your future access to the Website if Mothersyard determines that you have violated these Terms of Use or Additional Terms. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Mothersyard, for which monetary damages would be inadequate, and you consent to Mothersyard obtaining any injunctive or equitable relief that Mothersyard deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Mothersyard may have at law or in equity.

13.2. You agree that Mothersyard may, in its sole discretion, and without prior notice, terminate Your access to the Website, for cause, which includes (but is not limited to): (1) requests by law enforcement or other government agencies; (2) a request by you (self-initiated account deletions); (3) discontinuance or material modification of the Website or any products offered on or through the Website; or (4) unexpected technical issues or problems.

13.3. If Mothersyard does take any legal action against you as a result of your violation of these Terms of Use, Mothersyard will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Mothersyard.

Termination:

14.1. The Terms of Use will continue to apply until terminated by either you or Mothersyard as set forth below. If you want to terminate your agreement with Mothersyard, you may do so by (i) not accessing the Website; or (ii) closing your accounts, where Mothersyard has made this option available to you.

14.2. Mothersyard may, at any time, with or without notice, terminate the Terms of Use (or portion thereof, such as an individual Additional Terms) with you if: you breach any of the provisions of the Terms of Use, the Privacy Policy or any other terms, conditions, or policies that may be applicable to you from time to time (or have acted in a manner that clearly shows that you do not intend to, or are unable to, comply with the same); Mothersyard is required to do so by law (for example, where the provision of the services to you is, or becomes, unlawful); The provision of the services to you by Mothersyard is, in Mothersyard’s opinion, no longer commercially viable; Mothersyard has elected to discontinue, with or without reason, access to the Website, the Products (or any part thereof); or

14.3. Mothersyard may also terminate or suspend all or a portion of your Account or access to the services with or without reason. Except as may be set forth in any Additional Terms applicable to a particular Product, termination of your Account may include: (i) removal of access to all offerings within the Website or with respect to the Products; (ii) deletion of your materials and Account Information, including your personal information, log-in ID and password, and all related information, files and materials associated with or inside your Account (or any part thereof); and (iii) barring of further use of the services.

14.4. You agree that all terminations shall be made in Mothersyard’s sole discretion and that Mothersyard shall not be liable to you or any third party for any termination of your Account (and accompanying deletion of your Account Information), or your access to the Website.

14.5. Notwithstanding the foregoing, these Terms of The use will survive indefinitely unless and until Mothersyard chooses to terminate them.

14.6. If you or Mothersyard terminates your use of the Website, Mothersyard may delete any content or other materials relating to your use of the Website and Mothersyard will have no liability to you or any third party for doing so.

Governing Law:

15.1. These Terms of Use and all transactions entered into on or through the Website and the relationship between you and Mothersyard shall be governed in accordance with the laws of India without reference to conflict of laws principles.

15.2. You agree that all claims, differences and disputes arising under or in connection with or in relation hereto the Website, the Terms of Use or any transactions entered into on or through the Website or the relationship between you and Mothersyard shall be subject to the exclusive jurisdiction of the courts at Mumbai, India and you hereby accede to and accept the jurisdiction of such courts.

Report Abuse:

In the event, you come across any abuse or violation of these Terms of Use or if you become aware of any objectionable content on the Website, please report to “feedback@mothersyard.com”

Privacy Policy

The User hereby consents, expresses and agrees that he has read and fully understands the Privacy Policy of Mothersyard in respect of the Website. You further consent that the terms and contents of such Privacy policy are acceptable to you.

Communications

18.1 By accepting the Terms, the User accepts that Mothersyard may send the alerts to the mobile phone number provided by the User while registering for the service or to any such number replaced and informed by the User. The User acknowledges that the alerts will be received only if the mobile the phone is in ‘On’ mode to receive the SMS. If the mobile phone is in ‘Off’ mode then the customer may not get/ get after delay any alerts sent during such period.

Mothersyard will make best efforts to provide the sale of Products and it shall be deemed that the User shall have received the information sent from Mothersyard as an alert on the mobile phone number provided during the course of order and Mothersyard shall not be under any obligation to confirm the authenticity of the person(s) receiving the alert. The User cannot hold Mothersyard liable for non-availability of the service in any manner whatsoever.

The User acknowledges that the SMS service provided by Mothersyard is an additional facility provided for the User’s convenience and that it may be susceptible to error, omission and/ or inaccuracy. In the event the User observes any error in the information provided in the alert, Mothersyard shall be immediately informed about the same by the User and Mothersyard will make the best possible efforts to rectify the error as early as possible. The User shall not hold Mothersyard liable for any loss, damages, claim, expense including legal cost that may be incurred/ suffered by the customer on account of the SMS facility. The User acknowledges that the clarity, readability, accuracy, and promptness of providing the service depend on many factors including the infrastructure, connectivity of the service provider. Mothersyard shall not be responsible for any non-delivery, delayed delivery or distortion of the alert in any way whatsoever.

The User agrees to indemnify and hold harmless Mothersyard and the SMS service provider including its officials from any damages, claims, demands, proceedings, loss, cost, charges, and expenses whatsoever including legal charges and attorney fees which Mothersyard and the SMS service provider may at any time incur, sustain, suffer or be put to as a consequence of or arising out of (i) misuse, improper or fraudulent information provided by the User, (ii) the user providing an incorrect number or providing a number that belongs to that of an unrelated third party, and/or (iii) the User receiving any message relating to the order number, booking confirmation, modification to an order, cancellation of order, change in delivery schedule, delay, and/or rescheduling from Mothersyard and/or the SMS service provider.

The user also agrees to receive information regarding what Mothersyard perceives to be of their interest based on usage history via SMS, email & phone call. This includes offers, discounts, and general information. In case the User does not want such information, they have to explicitly ask to be excluded.

By accepting the terms and conditions the User acknowledges and agrees that Mothersyard may call the mobile phone number provided by the User, while registering for the service or to any such number replaced and informed by the User, for the purpose of collecting feedback from the User regarding their order.

Grievances and claims related to the order should be reported to Mothersyard support team within fifteen (15) days of your order date.

18.2. A User can unsubscribe/ opt-out from receiving communications from Mothersyard.

General Provisions

19.1. Notice: All notices of Mothersyard will be served by email or by general notification on the Website. Any notice provided to Mothersyard pursuant to the Terms of Use should be sent to [customerservice@mothersyard.com]

19.2 Assignment: You cannot assign or otherwise transfer the Terms of Use, or any rights granted hereunder to any third party. Mothersyard’s rights under the Terms of Use are freely transferable by Mothersyard to any third parties without the requirement of seeking your consent.

19.3. Severability: If for any reason, a court of competent jurisdiction finds any provision of the Term of Use, or a portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the Terms of Use shall continue in full force and effect.

19.4. Waiver: Any failure by Mothersyard to enforce or exercise any provision of the Terms of Use or any related right, shall not constitute a waiver by Mothersyard of that provision or right.

Copyrights and Trademarks

Mothersyard grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except in case Mothersyard gives consent for the same. The Mothersyard logo and other names, logos, icons, and marks identifying our products and services are trademarks and property of mothersyard.com and may not be used without our written permission. All rights not expressly granted in these Terms of Use are reserved to mothersyard.com. You may not post, distribute, reproduce or sell in any way any copyrighted material, trademarks, or other proprietary information that you do not have legal authorization to use.

Use of Site

You understand that except for information, products or services clearly indicated as being supplied by the Mothersyard, we do not operate, control, or endorse any information, products or services on the Internet in any way. You also understand that Mothersyard cannot and does not guarantee or warrant that files available for downloading through the Website will be free of viruses, worms or other code that may be damaging. You are responsible for implementing procedures to satisfy your particular requirements and for accuracy of data input and output.

Modification of this Agreement

Mothersyard reserves the right to change, modify, add, or remove portions of these Terms of Use (each, a “change”) at any time by posting notification to the Website or otherwise communicating the notification to you. The changes will become effective, and shall be deemed accepted by you, 24 hours after the initial posting and shall apply immediately on a going-forward basis with respect to payment transactions initiated after the posting date. If you do not agree with any such modification, your sole and exclusive remedy is to terminate your use of the services. For certain changes, Mothersyard may be required under applicable law to give you advance notice, and Mothersyard will comply with such requirements.

Waiver

The failure of Mothersyard to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms of Use will be effective only if in writing and signed by Mothersyard.

OWNERSHIP OF RIGHTS:

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, non-commercial use is prohibited without the explicit permission of Mothersyard. All information displayed, transmitted or carried on the Website is protected by copyright and other intellectual property laws. Copyrights and other intellectual property in respect of some of the content on the website may be owned by third parties. This site is designed, updated and maintained by Mothersyard or its licensors. You shall not modify, publish, transmit, transfer, sell, reproduce, create derivative work from, distribute, repost, perform, display or in any way commercially exploit any of the content available on the Website.

PARTNER WITH US:

Team Mothersyard is always on the lookout for expansion and what better than a passionate, commitment-oriented and visionary partner!
We are a bunch of enthusiasts with age no bar and selfless service being the motto!
Sign up to register with us & send in your details to stay updated.

(We will have a form for partners here and one will be for customers)

CANCELLATION, RETURN & REFUND POLICY

Cancellation, Return & Refund Policy

Cancellation of booking by customer:

If a customer finds some error in the booking and wishes to cancel the booking, he/she has to intimate team Mothersyard by an e-mail or a call as per the contact details provided on the website. This kind of information to be intimated within 60 minutes from the order placed and before delivery is sent to the customer. – this can vary.

Return & Refund Policy ‘Return’ is defined as the action of giving back the item purchased by the Buyer to the Seller on the website. Following situations may arise:

1. a) Item was defective
2. b) Item was damaged during the shipping
3. c) Product was missing
4. d) The wrong item was sent by the seller.

We encourage the buyer to review the product listing before making the purchase decision. In case of Buyer orders a wrong item, the seller may not refund it. Buyer needs to raise the refund request within 10 days from the date of payment realization. Once the buyer has raised a return request by contacting us on our Toll-Free number or customer care email, the seller will initiate the refund or replacement after the required checks. The refund will be settled within 3 weeks once confirmed and would be online or via cheque.

Replacement: Mothersyard will accept return or exchange only if the following conditions are met:

1. a) The tags on the product should be intact.
2. b) The product should be unused and in an undamaged condition.
3. c) The item needs to be returned along with the original packaging.
4. d) Digital gift vouchers won’t be exchanged or returned unless agreed between customer care and the customer

In the event the seller accepts the return request raised by the buyer, the buyer will have to return the product and then the refund shall be credited to the Buyers account.

The return or replacement of any product delivered by the partner merchants would be according to the terms and policies of the merchant.

Cancellation of fraudulent orders:

To provide a safe and secure shopping experience, we regularly monitor transactions for fraudulent activity. In the event of detecting any suspicious activity, Mothersyard reserves the right to cancel all past, pending and future orders without any liability. We also reserve the right to refuse or cancel orders in scenarios like inaccuracies in pricing of products on the website and stock unavailability. We may also require additional verification or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is canceled after your account has been charged, the said amount will be reversed to your account.

The customer may be considered fraudulent if any of the following scenarios are met:

The customer doesn’t reply to the payment verification mail sent by Mothersyard.

The customer fails to produce adequate documents during the payment details verification.

Misuse of another customer’s phone/email.

The customer uses invalid email and phone no.

Overuse of a voucher code.

Use of a special voucher not tagged to the email ID used.

The customer returns the wrong product.

The customer refuses to pay for an order.

The customer is involved in the snatch and runs for any order.