Terms and Conditions
Terms & Conditions
Welcome to Ed-a-mamma!
This is a platform where you can explore the world of Ed-a-Mamma, learn more about the brand story and the products we offer!
The loyalty programs, membership programs and discount code(s) shall also be governed by the said Terms of the Platform.
These Terms form a legally binding contract between us, Eternalia Creative & Merchandising Pvt. Ltd. (“Company / We / Us”) and the users of the Platform (“Users”).
By accepting these Terms or accessing the Platform, you consent, agree and undertake to abide, be bound by and adhere to the Terms.
All products/services and information displayed on the Platform shall constitute an “invitation to offer”. Your order for purchase constitutes your “offer” which shall be subject to the terms and conditions as listed below. Company reserves the right to accept or reject your offer
If you do not agree to be bound by the Terms, please do not access or use the Platform.
- The Platform and/or the services provided through the Platform (“Services”) are available only to Users who can form legally binding contracts under law. By using the Platform or the Services, you represent and warrant that:
- You are at least eighteen (18) years of age and are not disqualified from contracting by law. If you are under the relevant age of majority, you may access the Platform and the services under the supervision of an adult and in accordance with applicable law;
- You are entering into these Terms out of your own free will and consent;
- Your use of the Platform and Services offered through it do not violate any applicable law and regulation.
- Your use of the Platform and Services
- You agree to use the Platform and Services only for lawful purposes and that you shall comply with all applicable laws and regulations while using the Site and while transacting on the Site. Further, you agree not to take any action that might compromise the security of the Platform or the Services, or render the Platform or Services inaccessible to others or otherwise cause damage to the Platform or Services.
- You will provide true, accurate, complete and current information in all instances where such information is requested of you. Company reserves the right to confirm and validate the information and other details provided by you at any point of time. If upon confirmation your details are found not to be true (wholly or partly), Company reserves the right in its sole discretion to reject the registration and debar you from using the Services of the Platform and/or Platform and other websites / platforms operated by Company or platforms associated with Company (“Authorized Third Party Service Providers”), without prior intimation whatsoever.
- You agree not to add to, subtract from, or otherwise modify the Platform or to attempt to access any Services or to use the Platform or the Services in any manner that might interfere with the rights of third parties. We reserve the right to monitor your use of the Platform to ensure compliance with this clause.
- You agree compensate Us for any extra cost incurred for redelivery in the event of a non-delivery in the first instance on account of a mistake by you (i.e. wrong name or address or any other wrong information).
- Use of this Platform and the Services is unauthorized in any jurisdiction that does not give effect to all provisions of this Agreement.
- Use of the Platform by you for any commercial purposes is absolutely prohibited. Unauthorized commercial advertisements, affiliate links and other forms of solicitation may be removed without notice and may result in termination of account.
- You agree that you shall use your best and prudent judgment before entering into any transaction through this Site and/or through any Authorized Third-Party Service Providers, at your sole risk.
- Privacy practices
- Your Account
- This Site is directed to be used by adults only. We assume that any minor, if at all, accessing our Site is under the supervision of their guardians. Ed-a-mamma or its associates do not knowingly collect information from minors. 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. Company/Platform shall not be liable to any person for any loss or damage which may arise as a result of any failure by the User to protect the account details or the password. You acknowledge that the information you provide, in any manner whatsoever, are not confidential or proprietary and does not infringe any rights of a third party in whatsoever nature.
- You also agree that you shall provide true, accurate, current and complete information about yourself as prompted by the Site during the registration process (such information being the “Registration Data”). You further agree that you shall maintain and promptly update the Registration Data to keep it true, accurate, current and complete. In the event that you provide any information that is untrue, inaccurate, incomplete, or not current or if the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or not in accordance with the User Agreement, we will have the right to indefinitely suspend or terminate your membership and refuse to provide you with access to the Site.
- If you know or have reasons to believe that the security of your account has been breached, you should contact us 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 you to change your password, temporarily or permanently block or suspend your account without any liability to Ed-a-mamma.
- User Content
- We may allow you to upload certain content on the Platform. You are solely responsible for the content shared by you on the Platform, including but not limited to, videos, photographs, images, artwork, graphics, audio clips, comments, data, text, software, scripts, projects, other material and information, and associated trademarks and copyrightable works (“Content”). We reserve the right to post such Content on the Platform and/or our social media platforms. Company does not endorse and has no control over such Content. We make no warranties, express or implied, as to the Content or to the accuracy, integrity and reliability of the Content.
- You acknowledge that the Content is not confidential and that you have no expectation of privacy in it.
- Because community and morality standards vary and individuals sometimes choose not to comply with our policies and practices, in the process of using our Platform, you may be exposed to Content that you find offensive or objectionable. You can contact us at [email protected] to let us know of Content that you find objectionable. We may investigate the complaints and violations of our policies that come to our attention and may take any action that we believe is appropriate, including, but not limited to, issuing warnings, removing the Content. However, because situations and interpretations vary, we also reserve the right not to take any action.
- You agree that by providing Content on the Platform, you are hereby granting the Company a worldwide, royalty-free, perpetual, irrevocable, transferable license to use all such Content on the Platform or on any other website/social media account owned or managed by the Company or its affiliates. In the course of the Company’s offering Services pertaining to the Platform and waive any rights that you may have under Section 30A of the Copyright Act, 1957 (or any similar provision under any applicable law). Furthermore, you understand that the Company retains the right to reformat, excerpt or translate any Content submitted by you. You waive any and all moral rights that may subsist in any Content that you provide to the Company.
- We assume no responsibility for monitoring the Platform for inappropriate Content or conduct, no obligation to modify or remove any inappropriate Content and no responsibility for the conduct of the user submitting any such Content.
- Product Information
Ed-a-mamma attempts to be as accurate as possible in the description of the product on the Platform. However, Ed-a-mamma does not warrant that the product description, colour, information or other content of the Platform is accurate, complete, reliable, current or error-free. 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.
Ed-a-mamma 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 product or services.
For any returned or undelivered orders, partial or whole, the User will not be eligible to avail of the offer used to purchase the original order. The benefit of the offer would also not be included in the refund provided. If the product(s) returned are part of any free offer, Eg: Buy 2 get 1 free or Buy 1 get 1 free, all the products related to the offer would have to be returned by you, as they have been purchased as part of a group offer. The refund/replacement process would only be initiated once all the products have been returned.
From time to time, We may provide a free sample or gift along with our orders which are eligible for the offer. These samples/gifts will not be eligible for return/replacement/refund under any circumstances.
- Title to products
Until the Company receives full payment for an order and the order is shipped, title to the goods remains with the Company. Upon transfer of the goods/products to you, title and risk of loss passes to you. You should handle products with care until the transfer of ownership is complete (for example, in case of a product return).
- User Conduct
- While using this Platform or the Services, you shall not host, display, upload, modify, publish, transmit, update or share any information, including any Content (as defined below) that:
- belongs to another person and to which you don’t have any right;
- is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
- infringes the intellectual property or intellectual property rights in the Platform, its technology and/ or its Services;
- infringes any intellectual property rights of any third party;
- violates any law for the time being in force;
- deceives or misleads the addressee about the origin of messages or communicates any information which is grossly offensive or menacing in nature;
- use the Platform or its Services to defame, abuse, solicit, harass, stalk, threaten or otherwise violate the legal rights of any person;
- impersonate another person;
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
- threatens the unity, integrity, defense, 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 other nation;
- engage in any fraudulent, abusive or illegal activity, including but not limited to any communication or solicitation designed or intended to fraudulently obtain the password or any private information of any person;
- reverse engineer, decompile, disassemble, copy, reproduce, distribute, sell, modify, transmit, perform, publish or create any derivative work from or in any way exploit the Platform or its Services for any commercial purpose without express written consent of the Company or as permitted by the Terms;
- store and/or display and/or publish any adult or offensive content, which without limitation includes pornography, erotic images, or otherwise lewd or obscene content. The designation of “adult content” is left entirely to the Company’s discretion;
- attacks or attempt to gain unauthorized access to servers and services that belong to the Company (i.e. computer hacking) or engage in any network abuse;
- participate in a behavior which affect users’ access to the Platform or Service;
- By using the Platform and/ or the Services, you agree to accept, unconditionally, the complete liability for any action arising from your use of the Platform and/or Services. We reserve the right to take appropriate action, including suspension or termination of your access to the Platform and/or the Services if we have reasonable grounds to believe or are made aware that you are using the Platform or the Services in a manner that is in breach of the Terms or applicable laws. In addition, you agree, unconditionally, to indemnify us from any liability or cost arising from any action or inaction by you with respect to your use of the Platform or Services.
- The Company and/or the Platform shall have a right to include a minimum order value at any time at is sole discretion, the same shall be notified to you via the Platform itself. aCredit card details provided by you for availing of services on the Site will be correct, accurate and current. Under no circumstances you shall use a credit card which is not lawfully owned by you. The card details will not be utilized and shared by Us with any of the third parties unless required for fraud verifications or by law, regulation or court order. We will not be liable for any credit card fraud. The liability for use of a card fraudulently will be on you and the onus to ‘prove it otherwise’ shall be exclusively on you.
- While availing any of the payment method/s offered by Us, We are not responsible or take no liability of whatsoever nature in respect of any loss or damage arising directly or indirectly to you out of the decline due to:
- lack of authorization for any transaction/s; or
- or exceeding the present limit mutually agreed by you and between your “Bank/s”; or
- any payment issues arising out of the transaction; or
- decline of transaction for any other reason/s.
- Fraudulent /Declined Transactions
In case of fraudulent use of the site, We reserve the right to recover the cost of goods, collection charges and lawyers fees from person(s) concerned. We reserve the right to initiate legal proceedings against such person(s) for fraudulent use of the Site and any other unlawful acts or acts or omissions in breach of these terms and conditions.
Company reserves the right to place advertisements and publicity materials of its choice, including that pertaining to third parties for commercial use on the Platform.
- Pricing information
- Ed-a-mamma strives to provide accurate product and pricing information, however errors may occur. Ed-a-mamma cannot confirm the price of the product until you make the order. If a product / service is listed at an incorrect price or with incorrect information due to any technical error, Ed-a-mamma shall have the right, at its sole discretion, to refuse or cancel any orders placed for that product/ service, unless the product has already been delivered or the service has already been availed by you. In the event, any kind of fraudulent activity is detected, Ed-a-mamma can recover its dues, if any, from User’s successive orders. In the event that an item is wrongly priced, Ed-a-mamma may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Unless the product ordered by you has been delivered and the services are availed, your offer will not be deemed accepted and Ed-a-mamma will have the right to modify the price of the product/ service and contact you for further instructions using the e-mail address provided by you during the time of registration or placing of order, or cancel the order and notify you of such cancellation.
- In the event that Ed-a-mamma accepts your order the same shall be debited to your credit card/ debit card account and duly notified to you by email that the payment has been processed. The Company may also sub-contract third parties to process the payment. The payment may be processed prior to Ed-a-mamma’s dispatch of the product that you have ordered. If we have to cancel the order after we have processed the payment, the said amount will be reversed to your credit / debit card account.
- PRICES AND AVAILABILITY OF THE PRODUCTS AND SERVICES PROVIDED OR OFFERRED ON THE SITE ARE SUBJECT TO CHANGE WITHOUT PRIOR NOTICE AND AT THE SOLE DISCRETION OF ED-A-MAMMA.
- Cancellations & Refunds
Please refer to our Cancellations, Refund and return policy on the website.
- Intellectual Property
- You acknowledge and agree that all the rights, title and interests in the Platform, and/or the Services, and all the intellectual property rights therein or related thereto are solely and absolutely owned by Company (save and except user provided content). All such rights, title and interests shall continue to vest with Company during and after the term of this Agreement.
- All intellectual property including in relation to the domain name www.edamamma.com any trademarks, logos, images and other content available on the Platform belongs exclusively to Company and/or its licensors. Through your use of the Platform, by no means is any proprietary right in any intellectual property impliedly or expressly granted by Company to you. Company reserves all rights not expressly granted to the User under these Terms. You may not copy, imitate or use, in whole or in part, without the prior written permission of Company or wherever applicable, the owner of the intellectual property any trademarks, domain name, logos, images and other content available on the Platform;
- Company grants Users a limited, royalty-free, non-transferable (except in the case of a parent/legal guardian-minor relationship), non-sub-licensable, revocable right to use the Platform only for non-commercial purposes.
- Electronic Communications
- Disclaimer of Warranties
You agree that use of the Services and the access to the Platform is at your own risk. The Services including the Platform, the Content, and any other materials contained on or provided through the Platform are provided “AS IS” and, to the fullest extent permitted by law, are provided without warranties of any kind, either express or implied. Without limiting the foregoing, the Company does not make any warranties of fitness for a particular purpose, title, merchantability, completeness, availability, security, compatibility or non-infringement; or that the Services will be uninterrupted, free of viruses, malware or other harmful components, accurate, error free or reliable.
- Limitation of Liability
IN NO CASE SHALL THE COMPANY, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, PRINCIPALS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE SERVICES OR ANY CONTENT OR MATERIAL THEREOF OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR ACCESS OF THE SITE OR USE OF THE SERVICES OR ANY CONTENT OR MATERIAL THEREOF, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT OR MATERIAL, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT OR MATERIAL THEREOF, EVEN IF ADVISED OF THEIR POSSIBILITY. THE COMPANY’S MONETARY LIABILITY FOR THE SERVICES OR THE CONTENT OR MATERIAL THEREOF ON THE SITE SHALL BE LIMITED TO INR 1000.
You agree to defend, indemnify and hold harmless the Company, its affiliates, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from: (i) your use of and access to the Services; (ii) your violation of any term of these Terms and Conditions; (iii) your violation of any third party right, including without limitation any publicity, privacy, or intellectual property right; and (iv) your breach of any applicable laws. This indemnification obligation will survive the expiry or termination of these Terms and Conditions and your use of the Service.
- Governing Law and Jurisdiction
The relationship between You and the Company shall be governed by the laws of India without regard to its conflict of law provisions and for resolution of any dispute arising out of Your use of the Services. Notwithstanding the foregoing, you agree that (i) the Company has the right to bring any proceedings before any court/forum of competent jurisdiction and you irrevocably submit to the jurisdiction of such courts or forum; and (ii) any proceeding brought by you shall be exclusively before the courts at Mumbai, India.
If any provision of these Terms and Conditions is held invalid, void, or unenforceable, then that provision shall be considered severable from the remaining provisions, and the remaining provisions given full force and effect.
The Company reserves the right, at any time and from time to time, without prior notice to you, to update, revise, supplement, and otherwise modify these Terms and to impose new or additional rules, policies, terms, or conditions on your use of the Service. Any updates, revisions, supplements, modifications, and additional rules, policies, terms, and conditions (collectively referred to in this Terms as “Revised Terms“) will be posted on the Platform and will be effective immediately after such posting. We recommend that you periodically check the Platform for the Revised Terms. Your continued use of the Services will be deemed to constitute your acceptance of any and all such Revised Terms.
You acknowledge that your representations, undertakings, and warranties and the clauses relating to indemnities, limitation of liability, grant of license, governing law, confidentiality shall survive the efflux of time and the termination of these Terms.
- Entire Agreement
The Terms constitute the entire agreement between you and the Company governing your use of the Services, superseding any prior agreements between you and the Company regarding such use.
- Contact Us
In accordance with Information Technology Act, 2000, the Consumer Protection Act, 2019 and rules made there under, the name and contact details of the Grievance Officer are provided below who can be contacted with respect to any complaints or concerns including those pertaining to breach of the Terms and other policies or questions:
Grievance Officer – Arif Khatri
Email address – [email protected]
Contact no. – 022-69070666
(10 am – 7pm, Monday – Saturday)
Address – Eternalia Creative and Merchandising Pvt Ltd, 183, 5B, Mittal
Industrial Estate, Andheri Kurla Rd, Andheri (E), Mumbai – 400 059