MSocial | Terms of Use

Terms of Use

End-User License Agreement

Updated at 2022-10-18

Mothering Social hereby grants you access to (“the Website/App”) and invites you to access the services offered here.

Definitions and key terms

To help explain things as clearly as possible in this Eula, every time any of these terms are referenced, are strictly defined as:

-Cookie: small amount of data generated by a website and saved by your web browser. It is used to identify your browser, provide analytics, remember information about you such as your language preference or login information.

-Company: when this policy mentions “Company,” “we,” “us,” or “our,” it refers to F Square Media, Panchsheel Park that is responsible for your information under this Eula.

-Country: where Mothering Social or the owners/founders of Mothering Social are based, in this case is India.

-Service: refers to the service provided by Mothering Social as described in the relative terms (if available) and on this platform.

-Third-party service: refers to advertisers, contest sponsors, promotional and marketing partners, and others who provide our content or whose products or services we think may interest you.

-You: a person or entity that is registered with Mothering Social to use the Services.

Introduction

This End User License Agreement (the “Agreement”) is a binding agreement between you (“End User”,“you” or “your”) and F Square Media (“Company”, “we”, “us” or “our”). This Agreement governs the relationship between you and us, and your use of the Company Mothering Social. Throughout this Agreement, End User and Company may each be referred to as a “Party” or collectively, the “Parties”.

If you are using the app on behalf of your employer or other entity (an “Organisation”) for whose benefit you utilise the app or who owns or otherwise controls the means through which you utilise or access the app, then the terms “End User”, “you”, and “your” shall apply collectively to you as an individual and to the Organisation. If you use, or purchase a license or to, the app on behalf of an Organisation, you hereby acknowledge, warrant, and covenant that you have the authority to 1) purchase a license to the app on behalf of the Organisation; 2) bind the Organisation to the terms of this Agreement.

By downloading, installing, accessing, or using the app you: (a) affirm that you have all of the necessary permissions and authorisations to access and use the app; (b) if you are using the app pursuant to a license purchased by an organisation, that you are authorised by that organisation to access and use the app(c) acknowledge that you have read and that you understand this agreement; (d) represent that you are of sound mind and of legal age (18 years of age or older) to enter into a binding agreement; and (e) accept and agree to be legally bound by the terms and conditions of this agreement.

If you do not agree to these terms, do not download, install, access, or use the software. if you have already downloaded the software, delete it from your computing device.

The Application is licensed, not sold, to you by Mothering Social for use strictly in accordance with the terms of this Agreement.

License

Subject to the terms of this Agreement and, if applicable, those terms provided in the License Agreement, Mothering Social grants you a limited, non-exclusive, perpetual, revocable, and non-transferable license to:

(a) download, install and use the Software on one (1) Computing Device per single user license that you have purchased and been granted. If you have multiple Computer Devices in which you wish to use the Software, you agree to acquire a license for the number of devices you intend to use;

(b) access, view, and use on such Computing Device the End User Provided Materials made available in or otherwise accessible through the Software, strictly in accordance with this Agreement, and any other terms and conditions applicable to such End User Provided Materials;

(c) install and use the trial version of the Software on any number of Computing Devices for a trial period of fifteen (15) unique days after installation.

(d) receive updates and new features that become available during the one (1) year period from the date on which you purchased the license to the Software.

Restrictions

You agree not to, and you will not permit others to:

-License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Application or make the Application available to any third party.

-Modify, make derivative works of, disassemble, decrypt, reverse compile or reverse engineer any part of the Application.

-Remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of Mothering Social or its affiliates, partners, suppliers or the licensors of the Application.

Intellectual Property

All intellectual property rights, including copyrights, patents, patent disclosures and inventions (whether patentable or not), trademarks service marks, trade secrets, know-how and other confidential information, trade dress, trade names, logos, corporate names and domain names, together with all of the good will associated there with, derivative works and all other rights (collectively, “Intellectual Property Rights”) that are part of the Software that are otherwise owned by Mothering Social shall always remain the exclusive property of Mothering Social (or of its suppliers or licensors, if and when applicable). Nothing in this Agreement grants you (or any Organisation) a license to Mothering Social."’s" Intellectual Property Rights.

You agree that this is Agreement conveys a limited license to use Mothering Social."’s" Intellectual Property Rights, solely as part of the Software (and not independently of it), and only for the effective Term of the license granted to you hereunder. Accordingly, your use of any of Mothering Social."’s" Intellectual Property Rights independently of the Software or outside the scope of this Agreement shall be considered an infringement of Mothering Social."’s" Intellectual Property Rights. This shall not limit, however, any claim Mothering Social may have for a breach of contract in the event you breach a term or condition of this Agreement. You shall use the highest standard of care to safeguard all Software (including all copies thereof) from infringement, misappropriation, theft, misuse or unauthorised access. Except as expressly granted in this Agreement, Mothering Social reserves and shall retain all rights, title, and interest in the Software, including all copyrights and copyrightable subject matter, trademarks and trademark able subject matter, patents and patentable subject matter, trade secrets, and other intellectual property rights, registered, unregistered, granted, applied-for, or both now in existence or that may be created, relating to the thereto.

You (or the Organisation, if and as applicable) shall retain ownership of all Intellectual Property Rights in and to the work products that you create through or with the assistance of the Software.

Your Suggestions

Any feedback, comments, ideas, improvements or suggestions (collectively, "Suggestions") provided by you to Mothering Social with respect to the Application shall remain the sole and exclusive property of Mothering Social.

Mothering Social shall be free to use, copy, modify, publish, or redistribute the Suggestions for any purpose and in any way without any credit or any compensation to you.

Modifications to Application

Mothering Social reserves the right to modify, suspend or discontinue, temporarily or permanently, the Application or any service to which it connects, with or without notice and without liability to you.

Updates to Application

Mothering Social may from time to time provide enhancements or improvements to the features/ functionality of the Application, which may include patches, bug fixes, updates, upgrades and other modifications ("Updates").

Updates may modify or delete certain features and/or functionalities of the Application. You agree that Mothering Social has no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the Application to you.

You further agree that all Updates will be (i) deemed to constitute an integral part of the Application, and (ii) subject to the terms and conditions of this Agreement.

Third-Party Services

The Application may display, include or make available third-party content (including data, information, applications and other products services) or provide links to third-party websites or services ("Third- Party Services").

You acknowledge and agree that Mothering Social shall not be responsible for any Third-Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. Mothering Social does not assume and shall not have any liability or responsibility to you or any other person or entity for any Third-Party Services.

Third-Party Services and links thereto are provided solely as a convenience to you and you access and use them entirely at your own risk and subject to such third parties' terms and conditions.

Term and Termination

This Agreement shall remain in effect until terminated by you or Mothering Social.

Mothering Social may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.

This Agreement will terminate immediately, without prior notice from Mothering Social, in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the Application and all copies thereof from your computer.

Upon termination of this Agreement, you shall cease all use of the Application and delete all copies of the Application from your computer.

Termination of this Agreement will not limit any of Mothering Social."’s" rights or remedies at law or in equity in case of breach by you (during the term of this Agreement) of any of your obligations under the present Agreement.

Indemnification

You agree to indemnify, defend and hold harmless Mothering Social and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees, arising from or relating to: i) your use or misuse of the Software; ii) your failure to comply with any applicable law, regulation, or government directive; iii) your breach of this Agreement; or iv) your agreement or relationship with an Organisation (if applicable) or any third party. Furthermore, you agree that Mothering Social assumes no responsibility for the information or content you submit or make available through this Software or the content that is made available to you by third parties.

No Warranties

The Application is provided to you "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, Mothering Social, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Application, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, Mothering Social provides no warranty or undertaking, and makes no representation of any kind that the Application will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither Mothering Social nor any Mothering Social."’s" provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Application, or the information, content, and materials or products included thereon; (ii) that the Application will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Application; or (iv) that the Application, its servers, the content, or e-mails sent from or on behalf of Mothering Social are free of viruses, scripts, trojan horses, worms, malware, time bombs or other harmful components.

Some jurisdictions do not allow the exclusion of or limitations on implied warranties or the limitations on the applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you.

Limitation of Liability

Notwithstanding any damages that you might incur, the entire liability of Mothering Social and any of its suppliers under any provision of this Agreement and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you for the Application.

To the maximum extent permitted by applicable law, in no event shall Mothering Social or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, for loss of data or other information, for business interruption, for personal injury, for loss of privacy arising out of or in any way related to the use of or inability to use the Application, third-party software and/or third-party hardware used with the Application, or otherwise in connection with any provision of this Agreement), even if Mothering Social or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Severability

If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

No failure to exercise, and no delay in exercising, on the part of either party, any right or any power under this Agreement shall operate as a waiver of that right or power. Nor shall any single or partial exercise of any right or power under this Agreement preclude further exercise of that or any other right granted herein. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.

Amendments to this Agreement

Mothering Social reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Application after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Application.

Governing Law

The laws of India, excluding its conflicts of law rules, shall govern this Agreement and your use of the Application. Your use of the Application may also be subject to other local, state, national, or international laws.

Changes to this agreement

We reserve the exclusive right to make changes to this Agreement from time to time. Your continued access to and use of the app constitutes your agreement to be bound by, and your acceptance of, the terms and conditions posted at such time. You acknowledge and agree that you accept this Agreement (and any amendments thereto) each time you load, access, or use the app. Therefore, we encourage you to review this Agreement regularly.

If, within thirty (30) days of us posting changes or amendments to this Agreement, you decide that you do not agree to the updated terms, you may withdraw your acceptance to the amended terms by providing us with written notice of your withdrawal. Upon providing us with the written notice of the withdrawal of your acceptance, you are no longer authorised to access or use the app.

No Employment or Agency Relationship

No provision of this Agreement, or any part of relationship between you and Mothering Social, is intended to create nor shall they be deemed or construed to create any relationship between you and Mothering Social other than that of and end user of the app and services provided.

Equitable Relief

You acknowledge and agree that your breach of this Agreement would cause Mothering Social irreparable harm for which money damages alone would be inadequate. In addition to damages and any other remedies to which Mothering Social may be entitled, you acknowledge and agree that we may seek injunctive relief to prevent the actual, threatened or continued breach of this Agreement.

Headings

The headings in this Agreement are for reference only and shall not limit the scope of, or otherwise affect, the interpretation of this Agreement.

Geographic Restrictions

The Company is based in India and provided for access and use primarily by persons located in India, and is maintains compliance with India laws and regulations. If you use the app from outside India, you are solely and exclusively responsible for compliance with local laws.

Limitation of Time to File Claims

Any cause of action or claim you may have arising out of or relating to this agreement or the app must be commenced within one (1) year after the cause of action accrues, otherwise, such cause of action or claim is permanently barred.

Entire Agreement

The Agreement constitutes the entire agreement between you and Mothering Social regarding your use of the Application and supersedes all prior and contemporaneous written or oral agreements between you and Mothering Social.

You may be subject to additional terms and conditions that apply when you use or purchase other Mothering Social."’s" services, which Mothering Social will provide to you at the time of such use or purchase.

Don't hesitate to contact us if you have any questions about this Agreement.

-Via Email: motheringin@gmail.com

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Welcome to Mothering. This document is an electronic record in terms of Information Technology Act, 2000 and published in accordance with the provisions of Rule 3 ) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of Mothering marketplace platform - www.Mothering.com (hereinafter referred to as "Platform")

The Platform is owned by F Square Media, having its registered office at Panchsheel Park, New Delhi - 110017, India. Your use of the Mothering and services and tools are governed by the following terms and conditions ("Terms of Use") as applicable to the Mothering including the applicable policies which are incorporated herein by way of reference. By mere use of the Mothering, You shall be contracting with F Square Media, the owner of the Platform. These terms and conditions including the policies constitute Your binding obligations, with Mothering.

For the purpose of these Terms of Use, wherever the context so requires "You" or "User" shall mean any natural or legal person who has agreed to become a buyer on Platform by providing data while registering on the Platform as Registered User. The term "Mothering","We","Us","Our" shall mean F Square Media and its affiliates.

When You use any of the services provided by Us through the Platform, including but not limited to, (e.g. Product Reviews, Seller Reviews), You will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this Terms of Use. We reserve the right, at Our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice to You. You shall ensure to review these Terms of Use periodically for updates/changes. Your continued use of the Platform following the posting of changes will mean that You accept and agree to the revisions. As long as You comply with these Terms of Use, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Platform. By impliedly or expressly accepting these Terms of Use, You also accept and agree to be bound by Mothering Policies including but not limited to Privacy Policy as amended from time to time.

User Account, Password, and Security:

If You use the Platform, You shall be responsible for maintaining the confidentiality of your Display Name and Password and You shall be responsible for all activities that occur under your Display Name and Password. You agree that if You provide any information that is untrue, inaccurate, not current or incomplete, We shall have the right to indefinitely suspend or terminate or block access of your membership on the Platform.

You agree to

immediately notify Mothering of any unauthorized use / breach of your password or account and
ensure that you exit from your account at the end of each session.

Services Offered:

Mothering provides a number of Internet-based services through the Platform. One such Service enables Users to purchase things such as clothing, footwear, food products, and accessories from various lifestyle brands (collectively, "Products"). The Products can be purchased through the Platform through various methods of payments offered. The sale/purchase of Products shall be additionally governed by specific policies of sale, like cancellation policy, exchange policy, return policy, etc. (which are found on the different tabs on the Platform and all of which are incorporated here by reference). It is clarified that at the time of creating a return request, users are required to confirm (via a check box click) that the product being returned is unused and has the original tags intact. If the product returned by the user is used, damaged or if the original tags are missing, the user’s return request shall be declined, and the said product shall be re-shipped back to the customer. In the event that the return request is declined, the user shall not be eligible for a refund, and Mothering assumes no liability in this regard. Further, in the event that the user fails to accept the receipt of the said re-shipped product, the user shall continue to be not eligible for a refund, and Mothering assumes no liability with respect to the return or refund for the said re-shipped product. In addition, these Terms of Use may be further supplemented by Product specific conditions, which may be displayed with that Product.

Mothering does not warrant that Product description or other content on the Platform is accurate, complete, reliable, current, or error-free and assumes no liability in this regard.

Platform for Transaction and Communication:

The Users utilize to meet and interact with one another for their transactions on the Platform. Mothering is not and cannot be a party to or control in any manner any transaction between the Mothering's Users. Henceforward:

All commercial/contractual terms are offered by and agreed to between Buyers and Sellers alone. The commercial/contractual terms include without limitation price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to products and services and after sales services related to products and services. Mothering does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the Buyers and Sellers.
Mothering does not make any representation or Warranty as to specifics (such as quality, value, salability, etc) of the products or services proposed to be sold or offered to be sold or purchased on the Platform.
Mothering is not responsible for any non-performance or breach of any contract entered into between Buyers and Sellers. Mothering cannot and does not guarantee that the concerned Buyers and/or Sellers will perform any transaction concluded on the Platform.
At no time shall Mothering hold any right, title or interest over the products nor shall Mothering have any obligations or liabilities in respect of such contract entered into between Buyers and Sellers.
The Mothering is only a platform that can be utilized by Users to reach a larger base to buy and sell products or services. Mothering is only providing a platform for communication and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between the Seller and the Buyer. At no time shall Mothering hold any any right, title or interest over the products nor shall Mothering have any obligations or liabilities in respect of such contract. Mothering is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.
Pricing on any product(s) as is reflected on the Platform may due to some technical issue, typographical error or product information published by seller may be incorrectly reflected and in such an event seller may cancel such your order(s).
You release and indemnify Mothering and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Mothering and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, Mothering cannot take responsibility or control the information provided by other Users which is made available on the Platform.

User Conduct and Rules on the Platform:

You agree, undertake and confirm that Your use of the Platform shall be strictly governed by the following binding principles:

You shall not host, display, upload, modify, publish, transmit, update or share any information which:

belongs to another person and to which You do not have any right to
is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever
is misleading in any way
involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming"
promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous
infringes upon or violates any third party's rights including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity
contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page)
provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses
contains video, photographs, or images of another person (with a minor or an adult).
tries to gain unauthorized access or exceeds the scope of authorized access to the Platform or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Platform or solicits passwords or personal identifying information for commercial or unlawful purposes from other users
interferes with another USER's use and enjoyment of the Platform or any other individual's User and enjoyment of similar services
infringes any patent, trademark, copyright or other proprietary rights or third party's trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen products
violates any law for the time being in force
threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to thecommission of any cognizable offence or prevents investigation of any offence or is insulting any other nation
shall not be false, inaccurate or misleading
shall not create liability for Us or cause Us to lose (in whole or in part) the services of Our internet service provider ("ISPs") or other suppliers

A User may be considered fraudulent or loss to business due to fraudulent activity if any of the following scenarios are met:

Users doesn't reply to the payment verification mail sent by Mothering
Users fails to produce adequate documents during the payment details verification
Misuse of another Users's phone/email
Users uses invalid address, email and phone no.
Overuse of a voucher code
Use of a special voucher not tagged to the email ID used.
Users returns the wrong product
Users refuses to pay for an order
Users involved in the snatch and run of any order
Miscellaneous activities conducted with the sole intention to cause loss to business/revenue to Mothering
User with a very high return rate
Repeated request for monetary compensation for fake/used order

Mothering may cancel any order that classify as 'Bulk Orders'/'Fraud orders' under certain criteria at any stage of the product delivery. An order can be classified as 'Bulk Order'/'Fraud Order' if it meets with the below mentioned criteria, and any additional criteria as defined by Mothering:

Products ordered are not for self-consumption but for commercial resale
Multiple orders placed for same product at the same address, depending on the product category.
Bulk quantity of the same product ordered
Invalid address given in order details
Any malpractice used to place the order
Any promotional voucher used for placing the 'Bulk Order' may not be refunded
Any order paced using a technological glitch/loophole.

Mothering does not facilitate business to business transaction between Sellers and business customers. You are advised to refrain from transacting on the Platform if You intend to avail the benefits of input tax credit.
You shall not use the Platform for any unlawful and fraudulent purposes, which may cause annoyance and inconvenience and abuses any policy and rules of the company and interrupt or causes to interrupt, damages the use by other Users of Mothering.
You shall not use any false e-mail address, impersonates any person or entity, or otherwise misleads Mothering by sharing multiple address and phone numbers or transacting with malafide intentions.
We on certain landing page even allow our Users to experience free exchange of ideas and observations regarding interest in the field of fashion, including ‘viewing user generated content’ and/or ‘videos’ and ‘posting comments’. By accessing, viewing and/or posting any user generated content to any specific dedicated page on the Platform, you accept and consent to the practices described in these ‘Terms of Service’ and ‘Privacy Policies’, as well as any other terms of prescribed by the Mothering on the Platform. You agree and undertake that when accessing, viewing and/or posting any user generated content on these pages You will not imitate, abuse, harass, any Customer/User or violate and exploit, any of these ‘Terms of Service’ of the Platform.
You shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Platform. We reserve Our right to bar any such activity.
You shall not attempt to gain unauthorized access to any portion or feature of the Platform, or any other systems or networks connected to the Platform or to any server, computer, network, or to any of the services offered on or through the Platform, by hacking, password "mining" or any other illegitimate means.
You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity
You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time and also all applicable Domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Sales Tax/VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding Your use of Our service and Your listing, purchase, solicitation of offers to purchase, and sale of products or services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.
From time to time, You shall be responsible for providing information relating to the products or services proposed to be sold by You. In this connection, You undertake that all such information shall be accurate in all respects. You shall not exaggerate or over emphasize the attributes of such products or services so as to mislead other Users in any manner.
You shall not engage in advertising to, or solicitation of, other Users of the Platform to buy or sell any products or services, including, but not limited to, products or services related to that being displayed on the Platform or related to us.
The Content posted does not necessarily reflect Mothering views. In no event shall Mothering assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content on the Platform. You hereby represent and warrant that You have all necessary rights in and to all Content which You provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libellous, tortious, or otherwise unlawful information.
Mothering hereby disclaims any guarantees of exactness as to the finish, appearance, size, color etc., of the final Product as ordered by the User. Mothering Return & Exchange Policy offers you the option to return or exchange items purchased on Mothering within the return/exchange period (Please read the Product Detail Page to see the number of days upto which a product can be returned/exchanged, post-delivery). In case of return or exchange of the purchased item, please refer to the "Return and Exchange Policy" available on https://www.Mothering.com/faqs#returns.
Please note that you can only use Mothering Credits to buy products from your registered account on the Mothering app or website. Mothering Credits cannot be:

Used for payment of orders placed on other Mothering accounts.
Transferred to any other Mothering user's account, bank account, or wallets, etc.
Mothering may unilaterally terminate Your account on any event as mentioned in the Terms Of Use. Any credits earned through loyalty or referral program, Mothering credit, and pending refunds if any will be forfeited in such case.

Contents Posted on Platform:

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and artwork (collectively, "Content"), is a third party user generated content and Mothering has no control over such third party user generated content as Mothering is merely an intermediary for the purposes of this Terms of Use. Such Content will become Our property and You grant Us the worldwide, perpetual and transferable rights in such Content. We shall be entitled to, consistent with Our Privacy Policy as adopted in accordance with applicable law, use the Content or any of its elements for any type of use forever, including but not limited to promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works that may include the Content You provide.

You may use information on the products and services purposely made available on the Platform for downloading, provided that You

do not remove any proprietary notice language in all copies of such documents,
use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media,
make no modifications to any such information, and
do not make any additional representations or warranties relating to such documents.

Disclaimer of Warranties and Liability:

All the materials and products (including but not limited to software) and services, included on or otherwise made available to You through Platform are provided on "as is" and "as available" basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, Mothering does not warrant that: Platform will be constantly available, or available at all or The information on Platform is complete, true, accurate or non-misleading.

All the Products sold on Platform are governed by different state laws and if Seller is unable to deliver such Products due to implications of different state laws, Seller will return or will give credit for the amount (if any) received in advance by Seller from the sale of such Product that could not be delivered to You. You will be required to enter a valid phone number while placing an order on the Platform. By registering Your phone number with us, You consent to be contacted by Us via phone calls, WhatsApp and/or SMS notifications, in case of any order or shipment or delivery related updates.

Selling:

As a registered seller, you are allowed to list item(s) for sale on the Platform in accordance with the Policies which are incorporated by way of reference in this Terms of Use. You must be legally able to sell the item(s) you list for sale on the Platform. You must ensure that the listed items do not infringe upon the intellectual property, trade secret or other proprietary rights or rights of publicity or privacy rights of third parties. Listings may only include text descriptions, graphics and pictures that describe your item for sale. All listed items must be listed in an appropriate category on the Platform. All listed items must be kept in stock for successful fulfilment of sales. The listing description of the item must not be misleading and must describe actual condition of the product. If the item description does not match the actual condition of the item, you agree to refund any amounts that you may have received from the Buyer. You agree not to list a single product in multiple quantities across various categories on the Platform. Mothering reserves the right to delete such multiple listings of the same product listed by you in various categories.

E-Platform for Communication:

You agree, understand and acknowledge that Mothering is an online platform that enables you to purchase products listed on the Platform at the price indicated therein at any time. You further agree and acknowledge that Mothering is only a facilitator and is not and cannot be a party to or control in any manner any transactions on Mothering.

Indemnity:

You shall indemnify and hold harmless Mothering, its owner, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of Your breach of this Terms of Use, privacy Policy and other Policies, or Your violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party.

Trademark, Copyright and Restriction:

Platform is controlled and operated by Mothering & F Square Media and products are sold by respective Sellers. All material on Platform, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights. Material on Mothering is solely for Your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and You must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other Mothering or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which You receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause. It is expressly clarified that You will retain ownership and shall solely be responsible for any content that You provide or upload when using any Service, including any text, data, information, images, photographs, music, sound, video or any other material which you may upload, transmit or store when making use of Our various Service. However, We reserve the right to use/reproduce any content uploaded by You and You agree to grant royalty free, irrevocably, unconditionally, perpetually and worldwide right to Us to use the content for reasonable business purpose.

Limitation of Liability:

In no event shall Mothering be liable for any indirect, punitive, incidental, special, consequential damages or any other damages resulting from:

the use or the inability to use the Services or Products
unauthorized access to or alteration of the user's transmissions or data
breach of condition, representations or warranties by the manufacturer of the Products
any other matter relating to the services including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Platform or Service. Mothering shall not be held responsible for non-availability of the Mothering during periodic maintenance operations or any unplanned suspension of access to the Mothering. The User understands and agrees that any material and/or data downloaded at Mothering is done entirely at Users own discretion and risk and they will be solely responsible for any damage to their mobile or loss of data that results from the download of such material and/or data. To the maximum extend that is permissible under law, Mothering’s liability shall be limited to an amount equal to the Products purchased value bought by You. Mothering shall not be liable for any dispute or disagreement between Users

Termination:

Mothering may suspend or terminate your use of the Mothering or any Service if it believes, in its sole and absolute discretion that you have infringed, breached, violated, abused, or unethically manipulated or exploited any term of these Terms of Service or anyway otherwise acted unethically. Notwithstanding anything in this clause, these Terms of Service will survive indefinitely unless and until Mothering chooses to terminate them.

If You or Mothering terminates your use of the Platform or any Service, Mothering may delete any content or other materials relating to your use of the Service and Mothering will have no liability to you or any third party for doing so. However, your transactions details may be preserved by Mothering for purposes of tax or regulatory compliance.
Mothering may unilaterally terminate Your account on any event as mentioned in the Terms Of Use. Any credits earned through loyalty or referral program, Mothering credit and pending refunds if any will be forfeited in such case. Returns/Refund for such Users shall be at the sole discretion of Mothering.
If You use any false e-mail address or use the portal for any unlawful and fraudulent purposes, which may cause annoyance and inconvenience and abuses any policy and rules of the company or mislead Mothering by sharing multiple address and phone numbers or transacting with malafide intentions then Mothering reserves the right to refuse access to the portal, terminate accounts including any linked accounts without notice to you.

Jurisdictional Issues/Sale in India Only:

Unless otherwise specified, the material on the Platform is presented solely for the purpose of sale in India. Mothering make no representation that materials in the Platform are appropriate or available for use in other locations/Countries other than India. Those who choose to access Platform from other locations/Countries other than India do so on their own initiative and Mothering is not responsible for supply of products/refund for the products ordered from other locations/Countries other than India, compliance with local laws, if and to the extent local laws are applicable.

Governing Law:

These terms shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of courts, tribunals, fora, applicable authorities at Delhi. The place of jurisdiction shall be exclusively in Delhi.

Contacting the Seller:

At Mothering, we are committed towards ensuring that disputes between Sellers and Buyers are settled amicably by way of the above dispute resolution mechanisms and procedures. However, in the event that You wish to contact Mothering about the seller, You may proceed to do so by clicking on the seller name on the product listing pages. Alternatively, You may also reach out to customer support at thebnbmarket@gmail.com

Disclaimer:

You acknowledge and undertake that you are accessing the services on the Platform and transacting at your own risk and are using your best and prudent judgment before entering into any transactions through Mothering. We shall neither be liable nor responsible for any actions or inactions of sellers nor any breach of conditions, representations or warranties by the sellers or manufacturers of the products and hereby expressly disclaim and any all responsibility and liability in that regard. We shall not mediate or resolve any dispute or disagreement between You and the sellers or manufacturers of the products. We further expressly disclaim any warranties or representations (express or implied) in respect of quality, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability, fitness for a particular purpose, or legality of the products listed or displayed or transacted or the content (including product or pricing information and/or specifications) on Platform. While we have taken precautions to avoid inaccuracies in content, this website, all content, information (including the price of products), software, products, services and related graphics are provided as is, without warranty of any kind. At no time shall any right, title or interest in the products sold through or displayed on Platform vest with Mothering nor shall Mothering have any obligations or liabilities in respect of any transactions on Platform.

Delivery Related - User agrees and acknowledges that any claims regarding order delivery (including non-receipt/ non- delivery of order or signature verification) shall be notified to Mothering within 5 days from the alleged date of delivery of product reflecting on the Mothering portal. Non notification by You of non-receipt or non-delivery within the time period specified shall be construed as a deemed delivery in respect of that transaction. Mothering disclaims any liability or responsibility for claims regarding non-delivery, non-receipt of order (including signature verification in Proof of delivery) after 5 days from the alleged date of delivery of product reflecting on the Mothering portal.

Cart Notification

You understand that, in the event selected products in your cart is out of the inventory, Mothering provides You an option in your cart to select the product of another seller, You understand that price of the product by another seller may differ.

Multiple Sellers

You understand that products of a particular style may be sold on the Platform by multiple sellers and the product price on the listing page of the Platform, may not always reflect the lowest price for that particular style. This is because the seller whose price is displayed on the list page is selected based on the application of a number of parameters and price is only one such parameter. However, once you land on the product display page on the Platform for a specific style, You will have access to the price offered by all sellers on the Platform for the relevant style.

Convenience Fee

Subject to the Terms of Use and the below terms and conditions, Mothering may levy a convenience fee on all low value orders on the Mothering Platform,, hereinafter collectively referred to as “Convenience Fee”.

The Convenience Fee shall be specified on the shopping bag page on the Mothering Platform.
The Convenience Fee shall be charged on the overall order value.
Mothering reserves the right to modify/waive off the Convenience Fee from time to time.
The Convenience Fee shall be quoted in Indian Rupees. You shall be solely responsible for compliance of all applicable laws for making payments to F Square Media Private Limited.
To protect the rights of customers, Mothering reserves the right to collect Convenience Fee for all orders and disable cash on delivery option for accounts which have high percentage of returns and shipments not accepted, of the number of orders placed through such accounts.

Grievance Officer

In accordance with Information Technology Act 2000 and rules made there under and the Consumer Protection (E-Commerce) Rules, 2020, the name and contact details of the Grievance Officer are provided below:

Mr. Vinay Gupta

Designation: Senior Manager - CC - Operations

Mothering Dot In Private Limited

Kirti Nagar

Phone: 9310852013

Time: Mon - Sat (11:00 - 18:00).