Terms & Conditions

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THESE TERMS & CONDITIONS CAREFULLY BEFORE USING OUR WEBSITE

THE TERMS

1.1 Acceptance of the Terms

Welcome to www.momsheritage.com ("Service" or "Site"), which is owned and operated by EMPATHY FOODS LLP, a Limited Liability Partnership, registered under the under Limited Liability Partnership Act, 2008 and having its registered office at Plot #148, D501 Swapnapoorti Tilaknagar East Mumbai 400089 ("Empathy Foods", "we", or "us"). We can be contacted at care@empathyfoods.in. By clicking “I Agree” on the account registration or payment page or using the Site in any way, you (“you”, and “your”) are agreeing to comply with and be bound by these terms and conditions and all rules, policies and disclaimers posted on the Site or about which you are notified (collectively “Terms”).

1.2 These Terms, together with Empathy Foods Refunds, Cancellation and Modifications Policy, Privacy Policy, Cookie Policy, Disclaimer and other rules and policies posted on the site, which are hereby incorporated as if set forth fully in these Terms, constitute the entire agreement between you and us with respect to your use of and products available on the Site, and they supersede all prior or contemporaneous communications and proposals between you and us with respect to this Site. Any rights not expressly granted in these Terms are reserved.

1.3 If you do not approve/agree with all the Terms you may not use the Site. Please review all of the Terms carefully before using the Site. By using the Site, you are agreeing that you are over the age of 18 and are capable of forming legally binding contracts.

We at Empathy Foods aim to take great care in delivering your products and provide a great experience every time. Please review our guidelines to ensure smooth operations.

1.4 Electronic communications

When you visit www.momsheritage.com or send us e-mails, messages etc. you are communicating with us electronically and you consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Site. You also understand that we can send transactional and promotional SMS, Call, WhatsApp & Emails on your registered id & number. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree to provide us with, and maintain in your www.momsheritage.com account profile, your current and active email address.

YOUR ACCOUNT

1.1 User accounts

1.1.1 When you register as a user on the Site, you can create a user name and password for access to your online account. You are accountable/responsible for maintaining the confidentiality of your user name, password and account data, you shall not share this information or your account with anybody else, and will be solely responsible for all acts or omissions that arise on your account. You will immediately notify www.momsheritage.com of any unauthorized use of your username or account. You may only create one account on the Site. If your www.momsheritage.com account has been suspended/cancelled/terminated, you may not open another account on the Site.

1.1.2 You agree to keep your contact and billing details (including but not limited to your email address) up-to-date, and to comply with all billing procedures, including providing and maintaining accurate and lawful billing information for active www.momsheritage.com accounts.

1.1.3 We do not knowingly gather personal information from children under 18, and if we become aware that a child under the age of 18 has given personal information to us, we will promptly remove it from our systems.

1.2 Suspension of termination of service

1.2.1 You may terminate your www.momsheritage.com account at your sole discretion and at any time by written notice via e-mail to care@empathyfoods.in, Terminations typically will be operative within seven business days after our receipt of your termination notice, at which time your account will be closed. Any amount accrued as of the effective date of termination shall be payable according to the Terms.

1.3 At any time, without notice, for any or no reason, www.momsheritage.com reserves the right to refuse service to anyone, to amend and discontinue any portion or all of the Service, and to prohibit, suspend and terminate users’ accounts (including yours).

Products and Services

3.1 Prices for our products are subject to change without notice.
3.2 We have made every effort to display as accurately as possible the colors and images of our products that appear one the Site. We cannot guarantee that your device’s display of any color will be accurate.
3.3 Each product is handmade & hence, the final product may not match the image on the website to 100%.
3.4 We reserve the right to limit the sales of our products, offers, discounts, promotions or services to any person. We may exercise this right on a case-by-case basis.
3.5 We reserve the right to limit the quantities of any products or services that we offer.
3.6 All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion.
3.7 We follow strict hygiene protocol and operate under a manufacturing FSSAI license. We are not liable for any health issue claims arising from the consumption of any of any of our products.
3.8 We reserve the right to discontinue any product, promotion or offer at any time.
3.9 We cannot guarantee product quality if they’re not stored as per storage instructions.
3.10 All the products are subject to availability. In the event of any supply difficulties, we reserve the right to substitute a product of equivalent value and quality without notice.
3.11 In the event we are unable to supply the products or any substitute product to you at all, we shall notify you as soon as is reasonably possible and shall reimburse your payment in full and in any event no later than 30 days after the intended delivery date.

PRICES

4.1 The price payable for the products that you order is shown on www.momsheritage.com.
4.2 All prices declared on the Site are inclusive of taxes. Please verify the total payable amount during checkout before placing the order. Delivery costs will be shown separately on selecting the delivery locations and will be added to the total payment amount. Our prices are subject to change anytime without any prior notification. You shall be responsible for full payment of the order placed by you. All charges payable shall be displayed on the Site, no hidden charges would be applicable for the same.
4.3 If the price of a product is incorrectly shown and is higher than stated on our Site we will either send you an email informing you of the new price and asking you if you want to proceed with your order or we will cancel the order and inform you.
4.4 If the price of a product is lower than stated on our Site we will send you the product and charge you the lower price.

ORDERING

5.1 Products and services displayed on the Site do not constitute an offer to sell. Orders placed by you are offered to purchase a particular product under these Terms at the price specified (including delivery and other charges).
5.2 You agree to provide current, complete and accurate purchase and account information for all purchases made at our Site. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
5.3 All billing & delivery information (first and last name, mobile number, email address, complete delivery address) must be accurate & complete. This is necessary for delivery to take place successfully.
5.4 All orders will be processed & confirmed only after a 100% advance payment is made.
5.5 GST & delivery amounts will be calculated after your product is added to the cart.
5.6 Delivery charges depend upon delivery areas & minimum order amount.
5.7 Minimum order amount to process your order, minimum order amount for free delivery & delivery charges are subject to change.
5.8 We may restrict orders and/or deliveries to certain areas and/or dates.
5.9 We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person or per order.
5.10 If we find that the same order has been made twice we will try to contact you and get that clarified. If you are not contactable we will take the decision on your behalf and that will be final.

PAYMENT

6.1 You can purchase any products form the Site. Payment of the sum shall be made via online (credit/debit card or net banking) mode of payment or option available at website.
6.2 For your convenience, Empathy Foods accepts Visa, Master Card, Diners Club, Maestro, American Express, Debit Card and PayPal, Digital wallets, COD. Notwithstanding anything contained herein, any and all payments made by above mentioned options, either through payment gateway on the Empathy Foods website or through Empathy Foods mobile application, are subject to specific terms and conditions of such third party payment gateways.
6.3 You are allowed to choose between various payment options while placing an order on the website. You agree to use your own debit/credit card or bank details for the transaction. We would not be responsible for misuse of your card if all the security checks are verified. You agree that the methods of payment may be updated from time to time on the Website. You agree to review the same and use our website and suitable payment option accordingly.
6.4 www.momsheritage.com reserves the right to offer special incentive, price, membership and other programs. Such programs can, at the sole discretion of www.momsheritage com, be limited to a specific group of users or non-users. All action bonuses and vouchers or coupons that www.momsheritage.com provides for the purchase of products offered on the website shall remain the property of www.momsheritage.com (they shall not pass to the ownership of the users and shall not be refundable) and shall be valid for only thirty (30) days – unless otherwise stated on the website or in an e-mail to the user.

DELIVERY

7.1 We only deliver products in cities listed on website www.momsheritage.com.
7.2 Delivery dates, times and delivery call-off times shall be detailed on the Website when you order products.
7.3 We do not guarantee any timed delivery, our regular delivery timings are between 9:00 am to 9:00 pm. Clients can request specific timings in the Special Instructions section of payment form, we will try our best to honour the client's request but cannot commit 100% efficiency in the timing of delivery. Delivery timings if promised cannot be guaranteed in case of special circumstances like extreme weather conditions, riots, strikes, elections, bandhs, during rush hour days like Valentine's Day, Mothers Day, Rakhi, New year Eve etc.
7.4 Whilst we agree to use all reasonable endeavours to ensure that delivery will be on the requested delivery date or during the delivery period
7.5 We are not liable for the condition of products that reach the customer through third party logistics/ apps or any other type of pick up arranged by the customer.
7.6 We will deliver the products ordered by you to the address you give to us for delivery at the time you make your order. We cannot guarantee when any item will be dispatched, and we are unable to specify a time for delivery.
7.7 We are committed to delivering all our orders within the given time slot, on the given day. If by any chance an order is delivered outside of the committed time slot, it is not intentional and you can refuse to accept the delivery and would be liable for refund.
7.8 Some orders will require a signature on delivery. This will apply in the case of delivery of certain products or to certain locations where a third party is involved, such as offices, hospitals, airports, hotels, ships and other business locations. The signature of any person authorised to accept delivery on behalf of the organisation shall be accepted as proof of delivery to your chosen recipient.
7.9 You will become the owner of the products you have ordered when they have been delivered to you or the representative of the recipient. You are responsible for any insurance (where relevant) security after delivery. Once products have been delivered to you, they will be held at your own risk and we shall not be liable for their loss or destruction.
7.10 If you happen to be unavailable when the delivery executive reaches your location, he will hand the order to your building’s security guard. Re-delivering our products is not possible.
7.11 In case the final customer is not available for receiving the placed order and we have strict instructions to deliver only to the intended customer the order shall be considered delivered and no refund will be made. Please refer Refunds, Cancellation and Modification Policy for further details.
7.12 Neither we, nor any courier or postal service that we use shall be liable for any failure to perform, where such failure or delay results from any circumstances outside our reasonable control including but not limited to any fire, flood, pandemic, explosion, accident, adverse weather conditions, traffic congestion, mechanical breakdown, obstruction of any private or public highway, riot, government act, act of war, terrorism, act of God, or from any industrial dispute or strike whatsoever.
7.13 Please ensure that you enter full and accurate details, including the address and the postal code, of the recipient. We will not be responsible for any orders which are not delivered due to incorrect or incomplete information being supplied by you.
7.14 Any changes to the recipient address would be entertained free of cost if they are requested before 48 hours of the actual delivery. Changes after that will not be entertained and order would not be cancelled.
7.15 Change of address would not be possible for products after dispatch.

LEGAL STATEMENTS

8.1 Limitation of liability
8.1. 1 To the extent allowed by law, we exclude all conditions, warranties, representations or other terms which may put on to the Site or any content on it, whether express or implied.
8.1. 2 We will not be liable to you for any loss or damage, whether in contract, tort (including carelessness), breach of statutory duty, or otherwise, even if predictable/foreseeable, arising under or in connection with:

use of, or inability to use, the Site; or
use of or reliance on any content showed on the Site;

loss of profits, sales, business, or revenue;
business disruption;
loss of anticipated savings;
loss of business opportunity, goodwill or reputation; or
any indirect or consequential loss or damage.

8.2 Proprietary rights of content

8.3 No endorsement of non- www.momsheritage.com entity

8.4 Exclusion of warranties

8.5 Indemnification

any breach or non-performance by you of any of your undertakings, warranties, covenants, declarations or obligations under these Terms; or
any hacking or lapse in security of the Site or the data on the Site; or any
act, deed, omission or non-performance on your part which renders the transaction undertaken through the Site invalid. The indemnities provided herein and provisions making reference to the indemnitees shall survive the termination of these Terms and all the Policies.

The indemnities provided herein and provisions making reference to the indemnitees shall survive the termination of these Terms and all the Policies.

PROHIBITED USES

In addition to other prohibitions as set forth in the Terms, you are prohibited from using the Site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

AMENDMENTS

www.momsheritage.com reserves the right, at its sole discretion, to modify the Site or Services or to modify/amend/alter these Terms, including the prices of the products, at any time and without prior notice. If we modify/amend/alter these Terms, we will post the modification/amendments/alteration on the Site. If the www.momsheritage.com develops revised T Terms then on their publication on the Website, they will supersede and prevail those they replace. By continuing to access or use the Site or purchasing the products and services after we have posted a modification/amendments`/alteration on the Site, you undertake that you agree to be bound by the modified/amended/altered Terms. If the modified/amended/altered Terms are not acceptable to you, your only recourse is to cease using the Site and/or not to purchase the products and or services.

DISCLAIMER POLICY

11.1 We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

11.2 We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

11.3 You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

11.4 You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

11.5 In no case shall Empathy Foods, our designated partners, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

11.6 The information contained in this website is for general information purposes only. The information is provided by www.momsheritage.com and while we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

11.7 In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.

11.8 Through this website you are able to link to other websites which are not under the control of www.momsheritage.com. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.

11.9 Every effort is made to keep the website up and running smoothly. However, www.momsheritage.com takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.

TERMINATION

The www.momsheritage.com may terminate these Terms, the Policies, Services and/or discontinue the products and/or access to the Site hereunder for any reason, including but not limited for reasons of breach, by you, of these Terms or all/any of the Policies, including the Privacy Policy and Refund, Cancellations & Modifications Policy. Your sole right to terminate these Terms and the Policies is by not using the Site and/or purchasing the products and services and deleting your account on the Site.

CONSEQUENCES OF TERMINATION

It is clarified that the termination of these Terms, the Policies, the Services and/or access to the Site shall not affect any liabilities incurred by you prior to such termination or for acts performed during the pendency of these Terms and the Policies which may result in a dispute post-termination of these Terms, or any provision expressed to survive or to be effective on termination and the obligations set out herein shall remain in full force and effect notwithstanding the termination.

FORCE MAJEURE

The www.momsheritage.com shall not be liable for its failure to perform under these Terms and the Policies as a result of occurrence of any force majeure events like acts of God, pandemic, fire, wars, sabotage, civil unrest, labour unrest, action of statutory authorities or government, change in laws, rules and regulations, affecting the performance of www.momsheritage.com or any other reason beyond the reasonable control of www.momsheritage.com.

DISPUTES AND ARBITRATION

It is agreeing that to make a good-faith effort to resolve any dispute arising out of, or in connection with, these Terms through negotiation. Should the parties fail to resolve any such dispute within twenty (20) days, any controversy or claim arising out of or relating to these terms, including, without limitation, the interpretation or breach thereof, shall be submitted by either party to a sole arbitrator in Mumbai, India and in accordance with the Arbitration and Conciliation Act, 1996 and as per Commercial Arbitration Rules of the Arbitration and Conciliation Act India, 1986. The arbitration shall be conducted by one arbitrator, who shall be (a) selected with the mutual consent of both the Parties and (b) a licensed attorney with at least ten (10) years’ experience in the practice of law and at least five (5) years’ experience in the negotiation of technology contracts or litigation of technology disputes. The arbitrator shall have the power to enter any award that could be entered by a judge of the state courts of Mumbai district court, India sitting without a jury, and only such power, except that the arbitrator shall not have the power to award punitive damages, treble damages, or any other damages which are not compensatory, even if permitted under the laws of India or any other applicable law. The arbitrator must issue his or her resolution of any dispute within thirty (30) days of the date the dispute is submitted for Arbitration. The written decision of the arbitrator shall be final and binding and enforceable in any court having jurisdiction over the parties and the subject matter of the Arbitration. Notwithstanding the foregoing, this Section shall not preclude either party from seeking temporary, provisional, or injunctive relief from any court.

Courts in Mumbai shall have the exclusive jurisdiction to resolve any disputes that may arise under these Terms.

SEVERABILITY

If any term or provision of these Terms shall to any extent be declared illegal or unenforceable by arbitrator(s) or by a duly authorized court of competent jurisdiction, then the remainder of this Terms or the application of such term or provision in circumstances other than those as to which it is so declared illegal or unenforceable, shall not be affected thereby, each term and provision of this Terms /Agreement shall be valid and enforceable to the fullest extent permitted by law and the illegal or unenforceable term or provision shall be deemed replaced by a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term of provision.

NOTICE

Any notices required or permitted hereunder shall be given to the www.momsheritage.com or you, as required, at the address specified or at such other address as the www.momsheritage.com or you shall specify in writing.

MISCELLANOEOUS

18.1 The Terms constitute the complete and exclusive statement of the Agreement between you and us. The Terms supersede any and all prior or contemporaneous contract/agreement, oral or written, and any other communications, representations, warranties and understandings relating to the subject matter of the Terms. If there is a conflict/issue between an oral or written representation of any www.momsheritage.com employee or agent and the Terms (other than modifications to the Terms) executed in writing by the Designated Partner or other senior representative of www.momsheritage.com, the Terms will prevail. To the extent the Terms are in conflict or inconsistent with one another, the Terms of Service will prevail for Customers, over other Terms; also, this Agreement, and disclaimers will prevail over FAQs, and other rules and policies on the Site.

18.2 If any provision(s) of the Terms is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to show the intentions of the parties and the other provisions shall remain in full force and effect. www.momsheritage.com’s failure to exercise or enforce any of the Terms shall not constitute a waiver of www.momsheritage.com’s right to exercise or enforce the Terms as to the same or another instance. Headings in this document are for the purposes of reference only and shall not limit or otherwise affect the meaning of the Terms.

18.3 All third-party advertisements, hyperlinks or other redirection tools on the Website which take You to content operated by third parties are not controlled by us and do not form part of the Website. We are not liable for any loss or harm that occurs to You as a result of such sites.

18.4 You agree that www.momsheritage.com may assign the Terms to any other entity of its choosing, with or without notice to you. You may not assign the Terms to any other party for any reason, including but not limited to because your interaction with other users of the Site, the pricing offered, and anti-fraud mechanisms in place, are based upon individual usage.

18.5 Please contact us at care@empathyfoods.in for any questions or comments (including all inquiries related to copyright infringement) regarding this Website.

18.6 This document is an electronic record under the Information Technology Act, 2000 and rules thereunder. This electronic record is generated by a computer system and does not require any physical or digital signatures.

18.7 This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 that require publishing the rules and regulations, Privacy Policy and Terms and Conditions for access to or usage of this Website.

You agree that have read and understood the above Terms. You agree that by accessing the Site and/or availing the Services you hereby accept the Terms and the Policies displayed on the Site and further agree to be bound by these Terms and the Policies as may be modified by the www.momsheritage.com from time to time. You further agree that the products and services and the Site the access to which is being provided to you by the www.momsheritage.com is subject to change.

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