This document is an electronic record in terms of the Information Technology Act, 2000 and the rules made thereunder as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology (Amendment) Act, 2008. This electronic record is generated by a computer system and does not require any physical or digital signatures.
USE OF THIS SITE
The domain name https://www.babychakra.com/ and the BabyChakra App (on Google Play Store and Apple App Store) (Site) is owned and operated by Infomoko Technology Private Limited (CIN U72200MH2014PTC253154)
(“BabyChakra or “We” or “Us” or “Our”) , a company incorporated under the provisions of the Companies Act, 2013 having its registered office at 1002, Atlantis Building, Raheja Acropolis-I CHSL, Deonar Pada Road, Deonar Village, Chembur. Mumbai, Maharashtra - 400088 India.
For the purpose of these terms and conditions (“Terms of Use”) and the Privacy Policy, Shipping Policy and Cancellation, Refund and Return Policy (together "Policies")available on the Site and other terms and conditions as available across the Site, wherever the context so requires "You", “Your”, “Yourself”and/or "User"shall mean any natural or legal person who is visiting the Site (whether registered with the Site or not).
This Site is directed to be used only by adults i.e., persons who are above the age of 18 years. The Site is not intended or designed to attract or be otherwise used by any person under the age of 18 years or by any other person who is not competent to enter into contract in accordance with the Indian Contract Act, 1872. By using the Site, You confirm that You are either 18 years of age or more and/or are otherwise competent to contract (as understood under the Indian Contract Act, 1872). If You are under 18 years of age or otherwise incompetent to contract (as understood under the applicable law) then You should not make a purchase on the Site and should not use the Site.
Your use of the Site, and products of BabyChakra are governed by these Terms of Use (as amended from time to time), and the Policies and other terms and conditions as available across the Site (as may be amended from time to time), which are deemed to be incorporated herein by way of reference and shall be considered as part of these Terms of Use. Your use of the Site will also include Your use of the site for making purchases. Hence, a reference to Terms of Use shall be considered to include a reference to the Policies and any other terms and conditions available across the Site. By mere use of the Site, You shall be contracting with BabyChakra, the owner of the Site. These Terms of Use constitute Your binding obligations to BabyChakra.
These Terms of Use govern all the products offered on the Site.
The Site is only to be used for Your personal non-commercial use and information.
By accessing, browsing, or using the Site, You are acknowledging, that You have read, understood, and agree, without limitation or qualification, to be bound by these Terms of Use.If You do not understand or do not agree to any of the terms enumerated in the Terms of Use, please do not use the Site.You are responsible for ensuring that Your access to this Site and material available on or through it are legal in each jurisdiction, in or through which You access or view the Site or such material. BabyChakra reserves the right to change the particulars contained in the Terms of Use from time to time and at any time, without notice to its users and in its sole discretion. If BabyChakra decides to change the Terms of Use, BabyChakra will post the new version of the Terms of Use on the Site and update the date specified hereinabove. Any change or modification to the Terms of Use will be effective immediately from the date of such upload of the Terms of Use and Policies on the Site. Your continued use of the Site following the modifications to the Terms of Use and Policies constitutes Your acceptance (without limitation or qualification) of the modified Terms of Use and Policies. For this reason, You should frequently review these Terms of Use and, understand the Terms of Use that apply to Your use of the Site and Our products.
By impliedly or expressly accepting these Terms of Use, You also accept and agree to be bound by Policies including but not limited to Privacy Policy as may be amended from time to time.
1. YOUR ACCOUNT
Subject to the age restrictions outlined above, You may view and use many features of the Site without registering on the Site, including making purchases, but in order to access and use some parts of the Site, You may need to register an account with the Site. You will be responsible for maintaining confidentiality of Your account, password, and restricting access to Your computer, and You hereby accept responsibility for all activities that occur under Your account and password. You can access and update most of the information You provide to BabyChakra under my account/account/your account tab/icon on the Site/mobile application. You agree and acknowledge that the information You provide, in any manner whatsoever, is not confidential or proprietary and You will use Your account on the website to purchase products only for Your personal use and not infringe any rights of a third party for business purposes.
If You are accessing, browsing, and using the Site on someone else’s behalf, You represent that You have the authority to bind that person to all the Terms of Use herein. In the event that the person refuses to be bound as the principal to the Terms of Use, You agree to accept liability for any harm caused by any wrongful use of the Site resulting from such access or use of the Site.
If You know or have reasons to believe that the security of Your account has been breached, You should contact BabyChakra immediately at the'Contact Information'provided below. If We have found a breach or suspected breach of the security of Your account, we may require/request You to change Your password or suspend Your account without any liability to BabyChakra. We reserve the right to refuse serve you and/or terminate accounts without prior notice if these Terms of Use are violated or if We decide, in Our sole discretion, that it would be in Baby Chakra’s best interests to do so. You are solely responsible for all content that You upload, post, email or otherwise transmit via the Site. The information provided to BabyChakra shall be maintained by BabyChakra in accordance with Our Privacy Policy.
2. PRIVACY PRACTICES
We understand the importance of safeguarding Your personal information and data and We have formulated a Privacy Policy, to ensure that Your personal information and data is sufficiently protected. As stated above, the Privacy Policy is a part of these Terms of Use and will govern Your visit and use of the Site. Your continued use of the Site implies that You have read and accepted the Privacy Policy and agree to be bound by its terms and conditions. You consent to the use of personal information by BabyChakra in accordance with the terms of and purposes set forth in the Privacy Policy, which may be subject to amendment from time to time at the sole discretion of BabyChakra.
3. PRODUCT INFORMATION
BabyChakra attempts to be as accurate as possible in the description of the product on the Site. However, BabyChakra does not warrant that the product quality, product description, colour, information, or other content of the Site is accurate, complete, reliable, current, or error-free. BabyChakra products are manufactured at several facilities across India. The names and details of the manufacturer of each product is provided in the description of the product and is deemed to be incorporated herein by reference. The Site may contain typographical errors or inaccuracies and may not be complete or current. The product pictures are indicative and may not match the actual product. BabyChakra reserves the right to correct, change or update information, errors, inaccuracies, or omissions at any time (including after an order has been submitted) without prior notice. Please note that such errors, inaccuracies, or omissions may also relate to pricing and availability of the products.
4. RECOMMENDATION OF THE PRODUCT
Any recommendation made to You on the Site (including products offered for sampling/testing) during the course of Your use of the Site is purely for informational purposes and for Your convenience and does not amount to endorsement of the product by BabyChakra or any of its holding, subsidiary, associates in any manner.
5. PRODUCT USE
The products available on the Site, and the samples, if any, that BabyChakra may provide to You, are for Your personal use only. The products, or samples thereof, which You may receive from BabyChakra, shall not be sold or resold by You for any commercial reasons.
You are solely responsible for the use of any products purchased/received by You and agree that You do so at Your own risk. In case any products purchased/received cause(s) side effects or does not suit Your skin and/or Your child’s skin and/or Your child’s hair and/or does not meet the purpose/requirement for which the same is ordered by You, please note that BabyChakra is in no manner responsible for the same, and manufacturer of the product shall be solely responsible for such side effects and consumer complaints.
All products contain product specifications, product claims (wherever applicable) including details of the ingredients used in manufacturing the product. The instructions for usage of products are provided on the packaging of the product and are also available/displayed on the Site. You should carefully peruse the specifications/instructions/ingredients provided against each product on the Site. In addition to the same, You should only use the product for Yourself/Your child by adhering to the usage guidelines, storage directions, recommended usage/dosage, ingredient details, and other information related to the product as provided on the Site. If You/ Your child is or may be allergic to any of the ingredients used in a product, You should not use the said product for Yourself/Your child.
Further, if You/Your child is on any medication which may affect the skin/body/hair and/or You are pregnant/lactating, if You/Your child suffers from any skin/hair related disorder, and/or if You/Your child has a skin/body/hair condition which may affect/be likely to affect the skin/body/hair, then kindly consult with Your doctor prior to usage and application of any product. Before every use, test the skin/body/hair reaction by applying the product to a small part of an area preferably on the inside of the wrist, following the directions for use. If after 24 hours there is no adverse reaction, You may continue to use the product. However, if You/Your child experiences any kind of discomfort during use, then remove the product immediately and rinse thoroughly with cold water. If a burning sensation/irritation/discomfort persists, seek immediate medical advice.
6. PRICING INFORMATION
a) Whilst the prices displayed on the Site are regularly verified, BabyChakra cannot guarantee the absence of errors.
b) If a product is listed at an incorrect price or with incorrect information due to any technical error, BabyChakra shall have the right, at its sole discretion, to refuse or cancel any orders placed for that product, unless the product has already been delivered/offer has already been availed by You
c) Prices and availability of the products provided or offered on the Site are subject to change without prior notice and at the sole discretion of BabyChakra. BabyChakra may revise and cease to make available any product at any time. In the event, BabyChakra is unable to deliver the product to You on time or at all, You will be notified by BabyChakra and Your order will be automatically cancelled due to unavailability of the product or at Your instructions due to failure to deliver the product on the expected time of delivery by Our delivery partners. Customers will not be charged for any cancelled orders. BabyChakra shall not be liable to pay for any damages/compensation in such an event owing to cancellation of the order or delay in delivery.
7. BABYCHAKRA OFFERS
You may use/apply/redeem the promo code/gift code/vouchers as available with You and/or applicable to Your order, by adding the specific details of the promo code/gift code/voucher details on the Site during the checkout process. Promo code/gift code/voucher are case sensitive and should be entered exactly as they appear.
You can only use one promo code per order. The terms and conditions applicable on each offer/promocode/gift code/voucher may differ, kindly refer to the offer section for further details on offers/promocode/gift code/voucher. The terms and conditions applicable to promo codes shall be decided by the Company and may be revised by the Company at any time in its sole discretion.
When a promo code/gift code/voucher is accepted, the details of the offer applied, and discount provided will be displayed in the summary of Your order.
A promo code will be rejected if the same has expired or where the applicable terms of the promo code are not met.
8. PLACING AN ORDER
You can navigate freely on the Site without being bound to place an order. If You choose to place an order, You will be guided through the process of placing an order by a series of simple instructions on the Site and the order will only be placed basis the explicit and affirmative action being taken by You.
If You wish to make a purchase, You may add the desired product to the cart/shopping bag. At the time of adding the product to the cart/shopping bag, You can select the desired quantity of the product, basis Your requirement (the maximum quantity which can be ordered for each product shall however be subject to Our prevailing policies on maximum order quantity/order).
Once You have added all the desired products to Your cart/shopping bag You can proceed to place Your order.
You may review the products in Your cart/shopping bag by clicking on the cart/shopping bag icon on the Site/webpage.
You must follow the onscreen instructions to proceed through the checkout process on the Site. You must always correct any errors in data which You have entered/which is already saved, change/modify the shopping bag contents (basis Your preference), by adding or removing one or more products from the cart/shopping bag before finally placing the order.
At the time of placing the order, the total price along with the breakup price for the different products, details of all the compulsory and voluntary charges, such as delivery charges, postage, and handling charges, etc., and the applicable tax shall be provided to You by displaying the same on the Site.
Once You have confirmed the details of the order, You will be directed to the payment page. BabyChakra provides You with several options for the modes of payment, the details of the modes of payment along with other payment details have been provided under Clause 12 of these Terms of Use and will also be available on the Site.
After an order has been submitted/placed, a submission page will be displayed, and You will shortly receive communication/notification for order confirmation. The order confirmation communication/notification will inter alia contain the order summary, expected delivery date, shipping address, mode of payment, status of order, delivery address, etc.
If a communication/notification for confirmation of Your order does not arrive within 24 hours after placing the order, You may contact BabyChakra on the Contact Information.
If You have any questions or concerns when placing an order or if You wish to enquire about a previously placed order, then You may contact BabyChakra on Our Contact Information.
9. ORDER INQUIRIES
You may check the status of Your orders by visiting my orders/Your orders page. This is the easiest and fastest way to get the most current information regarding Your orders. However, if You have any further queries, You may address the same to BabyChakra customer care on the contact information provided hereinbelow.
10. SHIPPING AND DELIVERY
Please review the BabyChakra Shipping and Delivery Policy so that You may understand Our shipping and delivery practises, procedures, and terms.
11. MODE OF PAYMENT
Payments for the products available on the Site may be made in the following ways:
a) Payments can be made by including but not limited to Credit Cards, Debit Cards, UPI’s, Net Banking, e-wallets, e-Gift cards, Cash on Delivery, reward Points, or other payment instruments that are accepted modes of payment on the Site, as displayed on the Site including order checkout and payment pages.
b) Cash on Delivery “COD” is available on all orders for which the amount payable (after applying the promo codes/gift codes/vouchers, if any) is within the range of INR 199 to INR 3000 (payable). All orders for which the amount payable (after applying the promo codes/gift codes/vouchers, if any) is above INR 3000, are required to be pre-paid. BabyChakra may at any time in its sole discretion revise the aforementioned range of monetary figures without any notice to You.
c) BabyChakra reserves the right to disable COD option for the User, if in the sole opinion of BabyChakra any anomalies are observed.
You shall be entitled to use Your valid credit/debit and/or any other payment cards, net banking facility or cash to make payment of the Products purchased from the Site.
You undertake and confirm that You shall furnish at Your own risk correct, complete and accurate details of credit/debit and/or any other payment cards, net banking accounts and shall be solely responsible for any cost, expense, loss and/or damage which may be suffered by You due to furnishing of wrong details/information relating to Your credit/debit and/or any other payment cards or net banking accounts or any other mode of payment. In the event of any data theft, BabyChakra shall not be liable for the same. All transactions through the above modes of payment are subject to validation checks and authorization as prescribed by the respective entities issuing the cards, wallets, etc. If the issuer of Your payment mode refuses or does not, for any reason, authorize payment to BabyChakra, whether in advance or subsequent to a payment, BabyChakra will not be liable for any delay or non-delivery.
Your payment card will be charged the applicable purchase price at the time You place Your order. By placing Your order on the Site, You expressly authorize, to the extent permitted under applicable laws, to transmit or for BabyChakra to obtain information (including any updated information) about You to or from third parties, including but not limited to Your payment account details, to authenticate Your identity, to validate Your payment account, to obtain a payment authorization and to authorize individual purchase transactions at the Site. However, We will not retain any such information.
If any bank charges, facilitation charges, convenience charges are levied by the respective entities issuing the payment modes/providing the payment gateway services/providing the payment services/facility, the same shall be solely to Your account and BabyChakra will not be liable to make payment of the same.
You expressly agree and declare that the Company shall not be liable for the loss of any nature whatsoever including without limitation indirect, consequential, special and/or incidental damages to You arising, directly or indirectly, due to decline of authorization for any financial transaction undertaken by You through the Site.
BabyChakra confirms that the details provided by You in this regard shall be kept confidential and shall not be disclosed to any third party except to the extent required under the rules of any stock exchange and/or by applicable laws, regulations and/or processes of any government authority and/or in connection with any judicial process regarding any legal action, suit and/or proceeding arising out of and/or relating to this Agreement. In the event of any data theft, the Company shall not be liable for the same.
12. USER CONTENT
The information, photo, image, communication, text, software, data, music, sound, graphics, messages, videos, or other materials transmitted, uploaded, posted, emailed, or otherwise made available to BabyChakra by You("User Content")are entirely Your responsibility and BabyChakra will not be held responsible, in any manner whatsoever, in connection to the User Content.
You understand and agree that You will not directly or indirectly do or attempt to do or cause, encourage, or assist or engage any third party as well as Yourself to do or attempt to do or otherwise abet in the doing or the attempt thereof for transmitting, hosting, displaying, uploading, modifying, publishing transmitting, updating, or sharing any information that:
a) belongs to another person and to which You do not have any right ;
b) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive ofanother's privacy including bodily privacy, hateful, or racially, ethnically objectionable, insulting or harassing including on the basis of gender, disparaging, relating, or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force;
c) is harmful to any child/minor, in any way;
d) infringes any patent, trademark, copyright, or other proprietary rights of any person/entity;
e) violates any law for the time being in force;
f) deceives or misleads about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
g) impersonates another person;
h) contains software viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer resource;
i) is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity, or agency for financial gain or to cause any injury to any person;
j) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any country. BabyChakra shall in no way be held responsible for examining or evaluating User Content, nor does it assume any responsibility or liability for the User Content. BabyChakra does not endorse or control the User Content transmitted or posted on the Site by You and therefore, accuracy, integrity or quality of User Content is not guaranteed by BabyChakra. You understand that by using the Site, You may be exposed to User Content that is offensive, indecent, or objectionable to You. Under no circumstances will BabyChakra be liable in any way for any User Content, including without limitation, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred by You as a result of the use of any User Content transmitted, uploaded, posted, e-mailed, or otherwise made available posted by other users via the Site. You hereby waive all rights to any claims against BabyChakra for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with User Content.
You hereby acknowledge that BabyChakra has the right (but not the obligation) in its sole discretion to refuse to post or remove any User Content and further reserves the right to change, condense, or delete any User Content. Without limiting the generality of the foregoing or any other provision of these Terms of Use, BabyChakra has the right to remove any User Content that violates these Terms of Use or is otherwise objectionable and further reserves the right to refuse to serve you and/or terminate accounts without prior notice for any users who violate these Terms of Use or infringes the rights of others.
BabyChakra shall not be responsible in any manner for the authenticity of the Personal Information(as defined hereinafter), or Personal Data (as defined hereinafter) supplied by the User on the Site.
Once You upload any User Content on the Site, You are providing Your consent for use of Your content including textual, photographic, video graphic content for displaying on Our Site, advertisements, retail stores, etc. as-it-is or with modifications wherever You have provided the necessary consents for modifications. The consent provided by You in this regard can be revoked by You at any time by contacting BabyChakra on Our customer support and intimating BabyChakra regarding the revocation of consent.
If You wish to delete Your User Content from the Site, please contact BabyChakra by email at [email protected] and please include the following information in Your deletion request: first name, last name, user name/screen name (if applicable), email address associated with the Site, your reason for deleting Your User Content, and date(s) of posting(s) the User Content You wish to delete (if You have it). BabyChakra may not be able to process Your deletion request if You are unable to provide such information to BabyChakra. Please allow Us up to 30 business days to process Your deletion request. However, We may retain this data for any statutory/legal compliances and/or as mandated under the applicable laws for such period as may be prescribed under applicable laws.
13. LIMITED LICENSE; USER RESTRICTIONS
BabyChakra grants You a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access, and make personal and non-commercial use of the Site. All rights not expressly granted to You in these Terms of Use, are reserved and retained by BabyChakra and its affiliates.
You understand and agree that You will not, directly, or indirectly, do or attempt to do, or cause, any third party to do or attempt to do or otherwise abet in the doing or the attempt thereof of any of the following in connection with Your use of the Site:
a) frame or utilize framing techniques to enclose the Site or any portion thereof;
b) use any meta tags, hidden text, robots, spiders, crawlers, or other tools, whether manual or automated, to collect, scrape, index, mine, republish, redistribute, transmit, sell, license, or download from the Site any content (except caching or as necessary to view the Site), or the personal information of others without prior written permission or authorization;
c) make any use of the Site or any content other than for personal non-commercial use;
d) modify, reverse engineer, or create any derivative works based upon the Site or any content contained therein;
e) impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with any person or entity;
f) transmit, upload, post, e-mail, share, distribute, reproduce, or otherwise make available any software viruses, malware, trojans, worms, ransomware, program, code, file, or other material intended to interrupt, disrupt, alter, destroy, or limit any part of the Site;
g) engage or make any unsolicited or unauthorized advertising, solicitation, or promotional material, including chain letters, mass mailings, or any form of "spam” through the Site ; and/or
h) do any other acts which may in BabyChakra’s sole discretion be found objectionable or undesirable.
Any unauthorized use by You of the Site or any and/or all of the Site’s content automatically terminates the limited licenses set forth in this section without prejudice to any other remedy provided by applicable law or these Terms of Use. Further, BabyChakra reserves the right, at any time, without notice, and at its sole discretion, to terminate Your license to use the Site and to block and prevent Your future access to the Site.
14. INTELLECTUAL PROPERTY RIGHTS
The"BabyChakra"name and logo and all related product names, design marks and slogans are the trademarks, logos and/or service marks (hereinafter referred to as "Marks") of BabyChakra. All other Marks provided on the Site are the property of their respective proprietors/owners. Access to this Site does not authorize anyone to use any Marks in any manner. Marks displayed on this Site, whether registered or unregistered, of BabyChakra or others, are the intellectual property of their respective proprietors/owners, and BabyChakra shall not be held liable in any manner whatsoever for any unlawful, unauthorized use of the Marks.
BabyChakra and its suppliers and licensors expressly reserve all the intellectual property rights in all text, programs, products, processes, technology, content, software, and other materials, which appear on this Site, including its looks and feel. The compilation (meaning the collection, arrangement, and assembly) of the content on the Site is the exclusive property of BabyChakra and is protected by Indian copyright laws and international treaties. Consequently, the material on this Site shall not be copied, reproduced, duplicated, republished, downloaded, posted, transmitted, distributed, or modified in whole or in part or in any other form whatsoever, except for Your personal, non-commercial use of the Site. No right, title or interest in any downloaded materials or software is transferred to You as a result of any act whatsoever.
All material, including images, text, illustrations, designs, icons, photographs, programs, music clips, downloads, video clips and written and other material that is a part of this Site (collectively, the"Content"are intended solely for Your personal and non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Site for Your personal use only. BabyChakra also grants You a limited, revocable, non-transferable, and non- exclusive license to create a hyperlink to the home page of the Site for personal, non- commercial use only. Other use, including the reproduction, modification, distribution, transmission, re-publication, display, or performance, of the Contents on this Site is strictly prohibited. Unless BabyChakra explicitly provides to the contrary, all Contents are copyrighted, trademarked, trade dressed and/or other intellectual property owned, controlled, or licensed by BabyChakra, any of its affiliates or by third parties who have licensed their materials to BabyChakra and are protected by Indian copyright laws and international treaties.
15. REPRESENTATIONS AND WARRANTIES
This Site and products are provided to You on an "as is basis". BabyChakra makes no representations regarding the use of or the result of the use/depiction of the content on the Site and of the products in terms of their correctness, accuracy, reliability, quality or otherwise. BabyChakra shall not be liable for any loss suffered in any manner by the User as a result of depending directly or indirectly on the depiction of the content on this Site.
You acknowledge that this Site is provided only on the basis set out in the Terms of Use. Your uninterrupted access or use of this Site on this basis may be prevented by certain factors outside Our reasonable control including, without limitation, the unavailability, inoperability or interruption of the internet or other telecommunications services or as a result of any maintenance or other service work carried out on this Site.
BabyChakra shall have the right, at any time, to change, revise, discontinue any aspect or feature of the Site or the entire Site. Further, the Site may discontinue disseminating any portion of information or category of information at any time without any prior notice. BabyChakra does not accept any responsibility and will not be liable for any loss or damage whatsoever arising out of or in connection with any ability/inability to access or to use the Site.
BabyChakra through the Site intends to provide its users with general information about tips, guides and information on pre-pregnancy, pregnancy and birth care, post-natal care, toddler health, kids care and other issues relating to health and recipes. The Site encourages its users to interact with BabyChakra and its employees by asking questions which enable the users to obtain information of a general nature pertaining to tips, guides and information on pre-pregnancy, pregnancy and birth care, post-natal care, toddler health, kids care and other issues relating to health and recipes. The postings on the Site or on social networking sites, including the BabyChakra’s social media pages, or any information provided through any communication exchanged with BabyChakra, its employees or representatives (collectively referred to as"Information") which are in furtherance of any communication made by the User with BabyChakra, its employees or representatives is based on the background provided by the User. The Information is not intended to constitute personal medical suggestion(s) or be used for any medical diagnosis or treatment. While BabyChakra takes reasonable care to ensure that the Information is accurate, BabyChakra makes no representation and takes no responsibility for the accuracy, completeness, appropriateness, or usefulness of the Information. For any specific medical conditions or issues, Users are advised to seek opinion from a certified medical practitioner. In the event You rely on the information provided by BabyChakra or its representatives/ employees, You may do so at Your own risk and cost. Under no circumstances will BabyChakra, its employees, representative or affiliates be liable for the Information or the consequences of relying on such Information.
For any general information posted on the Site, Users must not infer or assume that such information necessarily applies to them.
16. DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY
THE SITE AND THE PRODUCTS ARE PRESENTED TO YOU ON AN "AS IS" BASIS. NEITHER BABYCHAKRA NOR OUR HOLDING, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS, OR IMPLIED, IN CONNECTION WITH THESE TERMS OF USE AND/OR THE SITE AND/OR THE PRODUCTS AND/OR INFORMATION AND/OR ANY OF THE CONTENT INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, EXCEPT TO THE EXTENT SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE.
YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER BABYCHAKRA NOR OUR HOLDING, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS WILL BE RESPONSIBLE OR LIABLE (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE) UNDER ANY CIRCUMSTANCES FOR ANY (A) INTERRUPTION OF BUSINESS; (B) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE SITE; (C) DATA NON-DELIVERY, LOSS, THEFT, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (D) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF OFF-WEBSITE LINKS ON THE SITE; (E) VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE SITE, INCLUDING DURING ACCESS THROUGH HYPERLINK TO OR FROM THIRD PARTY WEBSITES; (F) ANY INACCURACIES OR OMISSIONS IN CONTENT/INFORMATION; (G) EVENTS BEYOND THE REASONABLE CONTROL OF BABYCHAKRA; AND/OR (H) CLAIM RELATING TO THE PRODUCTS. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT DEFECTS OR ERRORS WILL BE CORRECTED.
FURTHER INFORMATION ON INGREDIENTS USED IN PRODUCTS APPEARING ON THE SITE IS NOT INTENDED TO BE, NOR SHOULD BE INTERPRETED AS, ADVICE OR A RECOMMENDATION CONCERNING THE USE OF ANY PRODUCT. WE MAKE NO CLAIM TO CURE OR PREVENT ANY DISEASE OR MEDICAL PROBLEM AND PRODUCTS ARE NOT INTENDED TO SUBSTITUTE ANY THERAPY OR MEDICAL ADVICE.
BABYCHAKRA PRODUCTS ARE BASED ON CERTAIN FORMULATIONS INCLUDING BOTH CHEMICAL AND NATURAL FORMULATIONS. THOUGH ENORMOUS EFFORTS ARE MADE AND PRECAUTIONS TAKEN TO RENDER THE PRODUCTS ABSOLUTELY SAFE FOR HUMAN USE, IT IS POSSIBLE THAT CERTAIN INGREDIENTS MAY CAUSE ALLERGIC REACTIONS TO CERTAIN INDIVIDUALS AND/OR ADVERSELY AFFECT INDIVIDUALS WITH PRE-EXISTING MEDICAL CONDITIONS AND/OR IN BABIES AND/OR DURING PREGNANCY AND/OR IN LACTATING WOMEN. PLEASE MAKE YOURSELF AWARE OF THE INGREDIENTS AND USAGE INSTRUCTIONS ACCOMPANYING EACH OF OUR PRODUCTS TO MAKE SURE THAT THEY ARE SAFE FOR YOU/YOUR CHILD TO USE. IT WILL BE YOUR SOLE RESPONSIBILITY TO TAKE PROPER PRECAUTION/ PROFESSIONAL MEDICAL/ DERMATOLOGICAL/PEDIATRIC ADVICE BEFORE USING ANY OF OUR PRODUCTS THAT YOU MAY BE ALLERGIC TO AND FOR CONSUMPTION/USE OF PRODUCTS IF YOU ARE/MAY BE PREGNANT/LACTATING. YOU AGREE THAT BABYCHAKRA WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY PRODUCT RELATED ISSUES INCLUDING WITHOUT LIMITATION ANY ALLERGIC REACTIONS TO YOU/YOUR CHILD ON ACCOUNT OF USAGE OF OUR PRODUCTS.
FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER BABYCHAKRA NOR OUR SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE SITE OR YOUR USE THEREOF REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF BABYCHAKRA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY TO YOU UNDER THESE TERMS OF USE OR OTHERWISE EXCEED THE AMOUNT THAT YOU HAVE SPENT ACQUIRING PRODUCTS ON THE SITE AND/OR WHERE NO AMOUNT HAS BEEN SPENT BY YOU ON ACQUIRING PRODUCTS ON THE SITE THEN THE SAME SHALL BE LIMITED TO INR 5000 ONLY.
YOU AGREE THAT NO CLAIMS OR ACTION ARISING OUT OF, OR RELATED TO, THE USE OF THE SITE OR THESE TERMS OF USE MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION RELATING TO SUCH CLAIM OR FROM THE DATE WHEN THE ACTION AROSE. IF THERE IS A DISPUTE WITH BABYCHAKRA OR IF YOU ARE DISSATISFIED WITH THE SITE/PRODUCTS, YOU MAY REFRAIN FROM USING THE SITE AND DELETE YOUR ACCOUNT WITH BABYCHAKRA. YOU MAY ALSO REACH OUT TO BABYCHAKRA FOR TAKING DOWN/DELETING YOUR ACCOUNT AND THE USER CONTENT POSTED BY YOU. WE HAVE NO OTHER OBLIGATION, LIABILITY, OR RESPONSIBILITY TO YOU.
THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THESE TERMS OF USE.
17. LINKS AND THIRD PARTY SITES
References on the Site to any names, marks, products of third parties or hypertext links to third party sites or information are provided solely for Your convenience. This does not in any way constitute or imply BabyChakra endorsement, sponsorship, or recommendation of the third party, information, product or any association and relationship between BabyChakra and those third parties.
BabyChakra is not responsible for the content of any third party sites and does not make any representations regarding the content or accuracy of material on such sites. If You decide to follow the link to any such third party websites, You do so entirely at Your own risk. BabyChakra does not assume any responsibility for examining or evaluating the offerings of the off-websites pages or any other websites linked from/with the Site. BabyChakra shall not be responsible for the actions, content, information, products of such pages and websites, including, without limitation, their privacy policies and terms and conditions. You should carefully review the terms and conditions and privacy policies of all off-website pages and other websites that You visit via the Site.
18. FORCE MAJEURE
You understand and agree that BabyChakra will not be held responsible for any delay or failure to comply with Our obligations to You if such delay or failure arises from any cause, events or circumstances which is beyond Our reasonable control including but not limited to acts of God, war, riots, civil disturbances, cyclones, hurricanes, floods, earthquakes, storms and other natural calamities, epidemics, pandemics, plagues, terrorist attacks, accidents, trade restrictions, acts of any government authority leading to a delay in adhering to the time lines of delivery, strikes, labour, employee difficulties and other events or circumstances that are beyond the reasonable control of BabyChakra.
19. INDEMNITY
You agree to defend, indemnify and hold harmless BabyChakra, its employees, directors, officers, agents and their successors and assigns, its holding, subsidiaries, affiliates, partners, or licensors(“Indemnified Parties”)from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of claims based upon Your actions or inactions, which may result in any loss or liability to BabyChakra or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfilment of any of Your obligations under the Terms of Use, or arising out of the Your violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of the Terms of Use.
20. GOVERNING LAW AND JURISDICTION
The Terms of Use shall be construed in accordance with the applicable laws of India. Any disputes arising out of these Terms of Use shall be subject to the exclusive jurisdiction of the competent courts at Mumbai, India only.
Without any prejudice to the foregoing, BabyChakra shall have the right to seek and obtain any injunctive, provisional, or interim relief from any court of competent jurisdiction to protect its trade-mark or other intellectual property rights or confidential information or to preserve the status quo.
21. ENTIRE AGREEMENT
If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Use shall continue to be in effect. Unless otherwise specified herein, these Terms of Use constitute the entire agreement between You and BabyChakra with respect to the Site/ products and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written (if any).
BabyChakra's failure to act with respect to a breach by You or any other third party does not waive its right to subsequently act with respect to the said breach or subsequent and similar breaches.
22. CONSENT TO RECEIVE NOTICES ELECTRONICALLY BY POSTING ON THE SITE AND VIA EMAIL
You consent to receive any agreements, notices, disclosures, and other communications (collectively,“Notices”) in relation to these Terms of Use electronically including without limitation by e-mail or by posting notices on this Site. You agree that all Notices that will be served on You electronically satisfy any legal requirement that such communications be in writing. To withdraw Your consent to receive Notices electronically, You must notify Your withdrawal of such consent by emailing BabyChakra’s customer care.
Please note that this consent to receive Notices is entirely separate from any election You may make with respect to receipt of marketing communications. Your options with respect to receipt of marketing communications are set forth in the Privacy Policy.
23. SITE SECURITY
You are prohibited from violating or attempting to violate the security of the Site, including, without limitation,
a) accessing data not intended for You or logging onto a server or an account which You are not authorized to access;
b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
c) attempting to interfere with service to any other user, host, or network, including, without limitation, via means of introducing a virus to the Site, overloading, flooding, spamming, mail bombing or crashing;
d) using/introducing software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action You take which imposes an unreasonable burden or load on the Site’s infrastructure;
e) sending unsolicited email, including promotions and/or advertising of products to the users of the site; or
f) forging any header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil and/or criminal liability. BabyChakra is entitled to investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars, or intelligent agents) to navigate or search this Site other than the search engine and search agents available from BabyChakra on this Site and other than generally available third party web browsers.
24. GENERAL
The terms and conditions of the reward points (as may be applicable from time to time) shall be governed by the policy guidelines pertaining to the same. Our reward points policy is available at https://shop.babychakra.com/good-points. However, the Terms of Use in as much as the same are not inconsistent with the policy pertaining to reward points shall continue to apply to the reward points. You acknowledge and hereby agree to these Terms of Use and that they constitute the complete and exclusive agreement between You and BabyChakra concerning Your use of the Site, and supersede and govern all prior proposals, agreements, or other communications. BabyChakra may, with or without prior notice, terminate any of the rights granted by these Terms of Use. You shall comply immediately with any termination or other notice served upon You, including, as applicable, by ceasing all use of the Site.
Nothing contained in these Terms of Use shall be construed as creating any agency, partnership, or other form of joint enterprise between You and BabyChakra. The headings in the Terms of Use are for convenience only and shall not be used in its interpretation.
If You have any questions regarding these Terms of Use, please email BabyChakra at [email protected]25. CONTACT INFORMATION
Details of Nodal Officer
Name: Poonam Kaushik
E-mail id: [email protected]Contact Days: Monday to Saturday (10:00 a.m. to 7:00 p.m.)
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