Original Effective Date: December 7, 2019
Last updated: December 29, 2019
Terms and Conditions
Account Creation and Use of Site
MOM&Niki Application Andriod, MOM&Niki Application OS and momandniki.com (hereinafter collectively referred to as MOM & Niki) request that you provide your full name, current address, a valid email address, and any other information need to complete to sign-up process. Please note that by signing up for this Site you acknowledge that MOM & Niki will use the initially provided email for all communication.
When you sign up to use Momandniki.com website and application (hereinafter referred to as the site) and create an account, you will be asked to create a password. You are entirely responsible for maintaining the confidentiality of your password and for all activity made by you or anyone whom you allow to use your account. You agree to safeguard your password from access by others. You agree to defend, indemnify and hold harmless MOM & Niki for losses incurred by MOM & Niki or another party due to someone else using your account as a result of your failure to use reasonable care to safeguard your password. MOM & Niki is not responsible for any loss or damages that result from your failure to maintain the security of their account and/or password.
You are prohibited from transmitting any program, code, virus or other item of a destructive nature. Furthermore, you must adhere to all laws of your particular jurisdiction; moreover, any illegal or unauthorized purpose is strictly prohibited. The prohibition noted in these terms is subject to the law of your jurisdiction, inside the India and abroad. You are fully and solely responsible with knowing what activities are permitted in your jurisdiction.
MOM & Niki is and will be the sole arbiter of determining which activity, content, usage is deemed destructive in nature. A breach of any term in this Agreement is the sole determination of MOM & Niki and will result in discipline, up to and including, termination of your account and legal action by MOM & Niki.
Terms of Sale
All Products and services listed on the Site are subject to change, as is Product information, pricing, and availability. MOM & Niki reserves the right, at any time, to modify, suspend, or discontinue any Site feature or the sale of any Product with or without notice. You agree that MOM & Niki will not be liable to you or to any third party for any modification, suspension, or discontinuance of any Site feature or Product. In the event a Product is listed at an incorrect price or with incorrect information, MOM & Niki shall have the right, prior to the acceptance of your order, to decline or cancel any such orders, whether or not the order has been confirmed and/or your credit card or PayPal account charged. If your credit card or PayPal has already been charged for the order and we cancel your order, we will issue a credit to your credit card account or PayPal account in the amount of the charge.
Your receipt of an order confirmation or charging your credit card/paypal account, by MOM & Niki does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline or cancel your order (in whole or in part) for any reason. We may require additional verifications or information before accepting any order. Your order is not accepted until it is shipped (or a portion of the order is shipped). Notwithstanding the foregoing, you agree that, if we cancel all or a part of your order, your sole and exclusive remedy is that we (a) issue a credit to your credit card or PayPal account in the amount charged for the cancelled portion (if your credit card has already been charged for the order) or (b) not charge your credit card or PayPal account for the cancelled portion of the order.
Any delivery dates provided by MOM & Niki are estimates. We reserve the right to make deliveries in installments. MOM & Niki will send you an email when your order has shipped and you may review your order and shipping information on your account page.
Return Policy: MOM & Niki will only accept returns on products that are identified as eligible for return or are received damaged. Once MOM & Niki confirms that your Product was returned in accordance with this policy, your credit card or PayPal account will be fully refunded. We do not accept any Product exchanges.
Return Procedures: All returns must be made within 14 days after the Product delivery date. All returned Products must be unused (e.g., not worn, washed, damaged, or altered) and returned in accordance with the instructions received from contacting customer service as per the Site. You are solely responsible for the cost of shipping the returned Product. All Products not returned in accordance with the Return Procedures shall be sent back to you, and no credit or refund will be issued.
User Feedback and Content Submissions
MOM & Niki welcomes your feedback, but if you send us or post or embed on the Site, App or via any Service, any feedback, messages or comments; your creative or original concepts or ideas; any content, data, text, photographs, graphics or other materials; or any confidential, proprietary or other information ( Submissions ), you represent and warrant to MOM & Niki that you either own the Submission or have the right to grant MOM & Niki the license described below. MOM & Niki does not claim to own such Submission, only the rights you have licensed to us.
You agree that in making a Submission, MOM & Niki shall not be required to compensate you for any such license or Submission, that any such Submission shall not be considered confidential or non-public once submitted to MOM & Niki, and that MOM & Niki alone is free to decide whether or not to post or use the Submission. In the event a Submission is posted or used via the Service, you acknowledge and agree that the Submission and its contents become publicly available and, as set forth below, can be used by others. Further, by providing a Submission to MOM & Niki via the Site or otherwise, you: (a) agree not to make any Submission that violates in any way the User Agreement; (b) automatically grant MOM & Niki a perpetual, worldwide, unlimited, irrevocable, transferable, assignable, sub-licenseable license to use the Submission, and exercise all copyright, publicity and other rights with respect to any such Submission; (c) subject to existing laws, waive any moral rights you or your licensors have in any such Submission; and (d) agree to pay for all fees, royalties, or other costs and expenses claimed by any third party arising out of you making any Submission. You also grant each user of the Service a perpetual, worldwide, non-exclusive license to access your Submission through the Service, and to use, reproduce, collect, distribute, share, display and perform such Submission as permitted through the Service and under these terms and conditions.
All images submitted to the MOM&Niki website or app become the exclusive property of MOM & Niki. By submitting an image or a video, you hereby irrevocably assign (and agree to assign) to Interfocs, free and clear of any restrictions or encumbrances, all of your rights, title and interest in and to the image or video submitted. This assignment includes, without limitation, all worldwide copyrights in and to the image or video, and the right to sue for past and future infringements.
MOM & Niki reserves the right to remove content at any time with or without notice. Inappropriate content is not permitted on the Site and will be removed.
Rights and Reservations
MOM & Niki shall have the right to terminate your use of the Site and/or your registration privileges at any time for any reason, including, but not limited to, your breach of these User Agreement, or your violation of any law, including, without limitation, violations of our intellectual property rights or the intellectual property rights of a third party, or violations of other applicable laws and regulations may at any time modify or terminate the Site for any reason, without notice. We also reserve the right to refuse service to anyone for any reason at any time.
MOM & Niki has the right, but not the obligation to, remove Site content; as well as suspend a customers account that it deems in violation of this Agreement. We will not tolerate any verbal or written abuse of any kind (including threats of abuse or retribution) of any MOM & Niki customer, MOM & Niki employee, member, or officer. Such conduct will result in immediate account termination.
MOM & Niki may at any time request documentation proof of identification in order to determine account ownership and use. MOM & Niki may suspend use during such period until a determination can be made as to proper ownership of said account.
You agree that any dispute or claim relating in any way to your MOM & Niki purchase, use of any Product, or use of the Web site will be resolved by binding arbitration rather than in court.
Furthermore, we each agree that any proceedings will be conducted only on an individual basis and not in a class or representative action or as a member of a class, consolidated or representative action. If a claim proceeds in court rather than through arbitration, we each waive any right to a jury trial.
You must send a letter requesting arbitration and describing your claim to:
MOM & Niki
#13/1, Kashi Nagar,
Amrthahalli, Sahakaranagar post
Bengaluru - 560092
Limitation of Liability
You expressly and impliedly acknowledge and agree, the extent permitted by law, that MOM & Niki shall not be liable for any direct, indirect, incidental, special, consequential, exemplary or intangible damages resulting from the use of or inability to use the service. Furthermore, the extent permitted by law, MOM & Niki or our suppliers shall not be held liable for lost profits or any special, incidental or consequential damages arising out of or in connection with its site, its services or this agreement.
You agree to indemnify and hold harmless MOM & Niki and (as applicable) its parent, subsidiaries, affiliates, as well as MOM & Nikis partners, officers, directors, agents, and employees, from any and all claims or demands, including reasonable attorneys fees, made by any third party related to your breach of this agreement and incorporated documents or violation of the rights of any third party.
You further acknowledge and affirm that your use of the Site is at your sole risk. MOM & Niki has provided this Site on a as is and as available; basis without any warranty or condition, whether it be express, implied or statutory. MOM & Niki makes no warranty as to the Sites timeliness, security, interruption or errors therein.
You acknowledge and affirm that MOM & Niki does not warrant that the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet any of your expectations, or that any errors in the Service will be corrected.
Waiver and Compete Agreement
Your Intellectual Property Rights
MOM & Niki does not have, nor do they claim any intellectual property rights over the content, depictions or designs provided or uploaded to MOM & Niki from its vendors for products sold on this Site. Vendors who uploaded the Content are solely responsible for the Content. Vendors represent that they have all necessary right to Content and that they are not infringing or violating any third party’s rights by posting it.
By posting Content through our Services, vendors grant MOM & Niki a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of Content to provide the Services and to promote MOM & Niki or MOM&Niki, your MOM&Niki shot, or the Services in general, in any format and through any channels, including across any MOM & Niki Services or third-party website or advertising medium.
MOM & Niki's Services are legally protected in various ways, including copyrights, trademarks, service marks, patents, trade secrets, and other rights and laws. You agree to respect all copyright and other legal notices, information, and restrictions contained in any content accessed through the Site. You also agree not to change, translate, or otherwise create derivative works of the Service.
MOM & Niki grants you a license to reproduce content from the Services for personal use only. This license covers both MOM & Niki's own protected content and user-generated content on the Site. (This license is worldwide, non-exclusive, non-sublicensable, and non-transferable.) If you want to use, reproduce, modify, distribute, or store any of this content for a commercial purpose, you need prior written permission from MOM & Niki or the relevant copyright holder. A 'commercial purpose' means you intend to use, sell, license, rent, or otherwise exploit content for commercial use, in any way.
If you do something that gets us sued, or break any of the promises you make in this agreement, you agree to defend, indemnify, and hold us harmless from all liabilities, claims, and expenses (including reasonable attorneys' fees and other legal costs) that arise from or relate to your use or misuse of MOM & Niki. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to this indemnification clause, in which case you agree that you’ll cooperate and help us in asserting any defenses.
MOM & Niki will not disclose any customer's confidential information to third parties, except as required in the course of providing our services or by law. Confidential information includes any materials or information provided by you to us that is not publicly known. Confidential information does not include information that: (a) was in the public domain at the time MOM & Niki received it; (b) comes into the public domain after MOM & Niki received it through no fault of their own; (c) MOM & Niki received it from someone other than the client's without breach of this agreement or the herein confidentiality obligations; or (d) as required to disclose by law or court order.