TERMS & CONDITIONS

Introduction

Welcome to mamaandpeaches.com, a web-site property owned by Ada Global.Please read these Terms and Conditions (collectively with “Privay Policy”) fully and carefully before using www.mamaandpeaches.com (the “Site”) and the features, content, applications, or products offered by Ada Global. (hereinafter referred to as “Mama &Peaches”,“we”, “our” or “us”) (together with the Site, the “Offerings”). These Terms & Conditions set forth the legally binding terms and conditions for your use of the Site and the Offerings. These Terms of Service apply  to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Mama & Peaches solely reserves the right to accept, reject and remove users from registrations on the website & related web assets without stating any reason thereof. We reserve the right to restrict access to some parts or all of this Website. Mamaandpeaches.com disclaims all warranties or conditions, whether expressed or implied, (including without limitation implied, warranties or conditions of information and context).

Mamaandpeaches.com shall not be responsible for any damage caused by the use of its website.

 

Jurisdiction and Governing Law

Any dispute or difference arising any time between the Parties hereto in respect of the Agreement or the interpretation of any of the provision of this Agreement and/or any amendments or modification thereof for the time being and from time to time in force, shall be decided in accordance with Indian Law by Courts courts situated in New Delhi, which Courts shall have the exclusive jurisdiction to adjudicate such disputes.

 

Warranty and Liability

Mamaandpeaches.com does not warrant and shall not be responsible for the damage arising out of the use of the products listed on its site. If a product delivered to you is different than as described on the website, Mamaandpeaches.com is liable only to change the product. Mamaandpeaches.com is not responsible for delays arising out of force majeure

The Products may be sourced from different parts of the world for providing to you. The Products may or may not have been placed in the market of your purchase by the proprietor of the trade mark and the Product. Accordingly, Mama and Peaches (MAP) cannot nor can the Supplier warrant or guarantee the quality or any after sale services or other such services. The Products, to the best knowledge, of MAP have been legitimately purchased and provided to you.

MAP has not changed or impaired the condition of the Products and is providing the Products in as is condition as provided from by the Supplier.

 

License & Site Access

Mamaandpeaches.com does not permit copying or downloading of any kind of content (text, graphics, clip arts, icons, images, audio clips, videos or software) and these are solely owned by Ada Global. Any unauthorized use of the content of the website by you shall bring to an immideate end, any permissions granted to you by Mama & Peaches & result in appropriate action at the sole option of the Company. Mama & Peaches and related web assets on third party sites may include links to third party websites that are controlled and maintained by others. Any link to other websites or any other destination on the internet or mobile is not an endorsement of such websites or destination and Mama & Peaches or its properties are not liable for the content or availability of any such sites. Unauthorized use of Mama & Peaches may give rise to a claim for damages and/or regarded as a criminal offense resulting in appropriate legal action.

 

Incorporation by Reference

The Company’s Privacy Policy, Product Descriptions, Returns and Refund Policy, Pricing Information and all such information and documents as are present on and updated to the Site from time to time shall for a part and parcel of these Terms and Conditions. In the event of any inconsistency hereof with the Terms & Conditions, the Terms & Conditions shall override.

 

Account

Post purchase of subscription or, on registering with Mamaandpeaches.com directly or through any authorized third parties as engaged by Mama & Peaches, you become a registered member of Mamaandpeaches.com and hold an account on the website which represents that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws as applicable in India. You are solely responsible for maintaining the confidentiality of the account and the password. If you have supplied us with your correct email ID then you will receive your order details via email. You solely own the rights of the account. Your account and the information provided by you in relation thereto shall be governed by the Privacy Policy available on our Site. Mamaandpeaches.com will not be responsible for any misuse of account. Any account activity found violating the policies of Mamaandpeaches.com  will stand cancelled and may result in termination of your account/ membership.

 

Trademarks & Logos

The trademarks, logos and service marks displayed on Mamaandpeaches.com are registered trademarks of Ada Global., its affiliates and other respective third parties. Nothing contained on Mamaandpeaches.com should be construed as granting any license or right to use any trademarks without the prior written permission of the website owner.

 

Membership Eligibility

Persons who cannot enter into legally binding contracts in accordance with the provisions of the Indian Contract Act, 1872 including un-discharged insolvents etc. are not entitled to use Mamaandpeaches.com. Persons under the age of 18 years but above 13 years of age (“Minors”) may use this Site only under the supervision of a parent or legal guardian who agrees to be bound by these Terms and Conditions. If the Minor’s age is below that of 18 years, only the Minor’s parents or legal guardians can transact on behalf of such Minors, provided that their parents/ guardians are registered users. Minors are prohibited from purchasing any material. The Site is freely accessible to the End User, however; the End User will have to register with Mamaandpeaches.com and create their individual registration account prior to any purchase of products. All registration information must be correct, complete and promptly updated by the End User.

 

Governing Laws

Use of Mamaandpeaches.com shall in all respects be governed by the laws of India, regardless of the laws that might be applicable under principles of conflicts of law. These terms shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws. Disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts at New Delhi.

 

Medical Disclaimer:

This website contains general information about conception, pregnancy, pregnancy products,baby products and parenting. The information is not complete or comprehensive. You should not rely on the information on this website as an alternative to medical advice from your doctor or healthcare provider. Nothing contained on this web site should be construed nor is intended to be used for medical diagnosis or treatment. It should not be used in place of the advice of your physician or other qualified healthcare provider. Should you have any healthcare related questions, please call or see your physician or other qualified healthcare provider promptly.

Always consult with your physician or other qualified healthcare provider before embarking on a new treatment, diet or fitness program. If you have any specific questions about these matters you should consult your doctor or other healthcare provider. If you think you may be pregnant you should speak to a doctor or other healthcare provider, and if you think you may be suffering from any other medical condition you should seek immediate medical attention.

You should never delay seeking medical advice, disregard medical advice, or discontinue medical treatment because of information on this website. You are encouraged to consult your physician or your local healthcare provider to obtain professional medical advice, which may agree or disagree with the information and materials contained on this site. You should consult your own physician or your local healthcare provider regarding your own symptoms, medical condition, treatment or medications. If you have or suspect that you have a medical problem, you should contact your own physician or local healthcare provider immediately.

While the information published on this site is believed to be accurate, it has been published solely for the purpose of provide general information and is not intended as a substitute for professional medical advice. If you have questions or concerns regarding your physical health or the health of your baby, please seek assistance from a qualified healthcare provider. The articles on this site are meant to answer questions of a general nature regarding issues of interest surrounding pregnancy. If you have a specific medical concern, please contact your healthcare provider.

Call Your Doctor or Emergency Services in Case of Emergency. If you think you may have a medical emergency, call immediately. DO NOT USE THIS WEB SITE FOR MEDICAL EMERGENCIES.

The information about the use of herbs and essential oils contained in this site is not meant to be a substitute for seeking the advice of a qualified health care provider. It is not intended to diagnose, treat, cure or prevent any disease. Always consult your health care provider about the use of herbs and essential oils, especially during pregnancy, when nursing a baby or with children.

 

Indemnity

Mamaandpeaches.com, its officers, directors, shareholders, parents, subsidiaries, affiliates, employees, or joint venture partner are not liable to you for any incidental, indirect, consequential, special, punitive, or exemplary damages and/or costs of any kind, arising from your use of this website or your breach of these terms.

 

Limitation of Liability

In any event the liability of Mamaandpeaches.com, for any loss or damage caused to you, whether direct or indirect, shall not exceed the amounts already paid by you to the Mamaandpeaches.com in relation to the purchase of Offerings through your Account. Mamaandpeaches.com will not be liable in any way for loss, damage, costs or expenses (including loss of profit) arising directly or indirectly from any failure or delay in performing any obligation under this Contract by reason of any event or circumstance outside the reasonable control of Mamaandpeaches.com, including (but not limited to), any strikes, industrial action, failure of power supplies or equipment, government action or Act of God. This limitation of liability section shall prevail over any conflicting or inconsistent provision contained in any of the documents comprising this Agreement. We suggest you take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, Trojan horses and other items of destructive nature. While availing any of the payment method/s offered by Mamaandpeaches.com, Mamaandpeaches.com is not responsible or takes no liability of any kind in respect to any loss or damage arising directly or indirectly to you out of the decline due to:
1. Lack of authorization for any transaction/s, or
2. Exceeding the preset limit mutually agreed by you and between your “Bank/s” and/or Service Provider/s, or
3. Any payment issues arising out of the transaction, or
4. Decline of transaction for any other reason/s.

 

Privacy Policy

At Mamaandpeaches.com, we respect your privacy as much as you do. We do not share your personal information with others. This information is only used by Mamaandpeaches.com and its partners to ensure the fulfillment of the service requested by you. This includes informing you of promotional offers.

 

Paid Offerings

Certain of our Offerings, including the purchase of any products offered by us, may be subject to payments now or in the future (the “Paid Offerings”). Please note that any payment terms presented to you in the process of using or signing up for a Paid Service are deemed part of this Agreement.

 

Billing

We use a third-party payment processor (the “Payment Processor”) to bill you through a payment account linked to your Account on the Offerings (your “Billing Account”) for use of the Paid Offerings. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to this Agreement. We are not responsible for errors by the Payment Processor. By choosing to use Paid Offerings, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for any use of such Paid Offerings in accordance with the applicable payment terms and you authorize us, through the Payment Processor, to charge your chosen payment provider (your “Payment Method”). You agree to make payments using that selected Payment Method. We reserve the right to correct any errors or mistakes that it makes even if it has already requested or received payment.

 

Payment Method

The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due on your Billing Account upon demand.

 

Authenticity Guarantee

At Mamaandpeaches.com, we only stock authentic products. All our items are genuine and come directly from the manufacturer or from an authorized supplier. Prior to shipping, we do several levels of rigorous quality checks, hence eliminating any chances of counterfeit products. If you have concerns about the authenticity of any of the items you have purchased from us, or are considering purchasing, please contact us directly and we shall be happy to address your concerns

 

Contests

All contests held by My Envy Box are across all social media channels.  My Envy Box will pick a winner from any of the social media platforms.

 

Recurring Billing

Some of the Paid Offerings, such as the purchase of Mama-to-be BOX OR Mama and Baby Box or other products, may consist of an initial period, for which there is a one-time charge, followed by recurring period charges as agreed to by you. You will have the ability to specify how regularly you would like to order any auto-replacing products. By choosing a recurring payment plan, you acknowledge that such Offerings have an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. All recurring payments are fully earned upon payment.

 

Auto-Replenishment for Subscription Services

Unless you opt out of auto-replenishment, which can be done through your Account Settings, any subscription services, such as any auto-replacing products (“Subscription Offerings”), you have signed up for will be automatically extended for successive renewal periods of the same duration as the subscription term originally selected, at the then-current non-promotional rate. You can change or resign your Subscription Service at any time. If you terminate a Subscription Service, you may use your subscription until the end of your then-current term; your subscription will not be renewed after your then-current term expires. All fees related to Subscription Offerings are fully earned upon payment.

 

Termination

We may terminate your access to all or any part of the Offerings at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your membership. If you wish to terminate your Account, you may do so by following the instructions on the Site or through the Offerings. Any fees paid hereunder are non-refundable. All provisions of these Terms & Conditions which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.