User
Agreement
Original Effective Date: December 7, 2019
Last updated: December 29, 2019
In using this website and/or service the USER (also referred to as
“you”) are deemed to have read and agreed to the following terms AND
CONDITIONS and privacy policy. TOGETHER THESE terms AND CONDITIONS AND PRIVACY
Policy CONSTITUTE YOUR USER AGREEMENT (“AGREEMENT”) WITH MOM & NIKI., owner
and operator of https://momandniki.com/ website
and application. THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS FOR YOUR
USE OF OUR WEB SITE and/or application, ANY MEMBERSHIP YOU MAY ESTABLISH ON THE
SITE, AND YOUR PURCHASE OR USE OF ANY PRODUCTS OR SERVICES OFFERED ON THE SITE.
BY ACCESSING AND/OR USING THE WEB SITE OR APPLICATION, YOU REPRESENT AND
WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THE
AGREEMENT AND TO ABIDE BY ALL OF THE TERMS of SERVICE IF YOU DO NOT AGREE WITH
ALL PROVISIONS OF THIS AGREEMENT, PLEASE DO NOT ACCESS AND/OR USE THE WEBSITE
AND/OR APPLICATION, SIGN UP FOR MEMBERSHIP, OR PURCHASE PRODUCTS OR SERVICES
THROUGH THE WEB SITE.
Terms and Conditions
Account Creation and Use of Site
By registering as a user, you certify that you are 18 years of age or
older. Children under the age of 18 may not become a Site user, and parents or
legal guardians may not agree to these Terms of Use on their behalf. If you are
a resident of a state, province or country that imposes additional or different
age requirements for disclosure of personally-identifiable information, by
registering as a user, you hereby represent that your registration as a user, the
provision of your personally-identifiable information to us, and our use of
such personally-identifiable information as stated in our Privacy Policy, does
not violate the applicable laws or regulations of such state, province or
country.
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.
You agree to not reproduce, duplicate, copy, sell, resell or exploit
any portion of the Site, use of the Site, or access to the Site without the
express written permission by MOM & Niki. The name, trademark, symbol, or
representation of the MOM&NIKI brand is the sole property of MOM & Niki.
MOM & Niki retains the right to use or transfer any account information
other than your credit card information. *Credit Card or Debit information is
always encrypted. All transmission and storage of information by MOM & Niki,
is governed by MOM & Niki Privacy Policy.
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:
Head Office
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
This Terms and Conditions, together with the Privacy Policy constitute
to the User Agreement and represent the entire agreement between MOM & Niki
and you, and supersede any and all preceding and contemporaneous agreements
between MOM & Niki and you. The failure of MOM & Niki to exercise or
enforce any right or provision of the User Agreement shall not constitute a
waiver of such right or provision. Any waiver of any provision in this
Agreement will be effective only if in writing and signed by a duly authorized
representative of MOM & Niki.
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.
Customer Information
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.
Customer Information
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.
Copyright-