Who is Mothercare?

Reliance Rhea Retail Private Limited, a company incorporated under the laws of India, having its registered office at 204, Ground/F/F Okhla Industrial Estate, Phase-III, South Delhi, New Delhi - 110020, India ("Mothercare"), offers various retail solutions for parents and young children, including, through its website www.mothercare.in and its mobile and tablet applications ("Platforms"), which inter alia facilitates the purchase of electronics, lifestyle, fashion merchandise and such other products sold by Mothercare ("Products") to the users of the Platforms ("Users").

What is this Privacy Policy?

Why this Privacy Policy?

1. This Privacy Policy is published pursuant to:

   1. Section 43A of the Information Technology Act, 2000;

   2. Regulation 4 of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (“SPI Rules”); and

   3. Regulation 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011.

2. This Privacy Policy sets out the type of information collected from the Users, including the nature of the sensitive personal data or information, the purpose, means and modes of usage of such information and how and to whom the Company shall disclose such information.

What type of information is covered by this Privacy Policy?

1. Personal information is information related to a visitor, or a combination of pieces of information that could reasonably allow him to be identified. Personal information may consist of full name, personal contact numbers, residential address, email address, gender or date of birth. While information such as date of birth in isolation may not be enough to uniquely identify the visitor, a combination of full name and date of birth may be sufficient to do so.

2. Sensitive personal data or information is such personal information that is collected, received, stored, transmitted or processed by the Company, consisting of:

   • Password;

   • Financial information such as bank account or credit card or debit card or other payment instrument details;

   • Physical, physiological and mental health condition;

   • Sexual orientation;

   • Medical records and history;

   • Biometric information;

   • Any detail relating to the above personal information categories as provided to the Company for providing service; and

   • Any of the information received under above personal information categories by the Company for processing, stored or processed under lawful contract or otherwise.

   Please note that any information that is freely available or accessible in public domain or furnished under the Right to Information Act, 2005 or any other law for the time being in force shall not be regarded as sensitive personal information.

Users Note

1. A condition of each User’s use of and access to the Platforms and to other services provided by the Company to Users (collectively referred to as the “Services”), is his/her/its acceptance of the terms of use which also involves acceptance of the terms of this Privacy Policy. Any User who does not agree with any provisions of the Terms of Use or this Privacy Policy is advised not to accept the Terms of Use and may leave the Platforms.

2. While browsing the Platforms, a User is not required to provide personal information as set out under paragraph 4.1 and paragraph 4.2 until and unless such User chooses to avail or sign up for any of the Services. All the information provided to the Company by a User, including personal information and personally identifiable information, is voluntary. The User has the right to request the withdrawal of his/her/its consent at any time, in accordance with the terms of this Privacy Policy and the Terms of Use. It is the User’s duty to ensure strict caution while giving out any personally identifiable information about himself/herself/itself or his/her family members in use of any of the Services. The Company does not endorse the content, messages or information found in any Services and therefore, the Company specifically disclaims any liability with regard to the Services and any actions resulting from the User’s participation in any Services. As a condition to use the Services, you as a User agree to waive any claims against the Company relating to the same, and to the extent such waiver may be ineffective, you agree to release any claims against the Company relating to the same.

3. Users can access, modify, correct and eliminate the data about him/her/it which has been collected pursuant to his/her/its decision to become a User. Any grievances in relation to the information shared by the User with the Company may be brought to the attention of grievance officer in accordance with clause 8 of this Privacy Policy.

4. For the use of the Services and purchase of Products, you may be required to pay the Company with a credit card, wire-transfer, or debit card through the Company’s third party payment gateway provider and such third party payment gateway provider may be required to collect certain financial information from you including, but not restricted to, your credit/debit card number or your bank account details (collectively referred to as “Financial Information”). All Financial Information collected from the Users’ by the Company’s third party payment gateway providers will be used only for billing and payment processes. The verification of the Financial Information shall be accomplished only by the User through a process of authentication in which the Company shall have no role to play.

5. Personal information, personally identifiable information and / or Financial Information shall be collected by the Company on an ongoing basis, without need for further, separate consent from the User (aside from the acceptance of this Privacy Policy, as provided in paragraph 5.1) for one or more of the following reasons:

   1. To identify the User, to understand his/her/its needs and resolve disputes, if any;

   2. To set up, manage and offer products and to enhance the Services to meet the User’s requirements;

   3. To provide ongoing service;

   4. To meet legal and regulatory requirements;

   5. To resolve technical issues and troubleshoot problems;

   6. To aid the Company in collecting monies from Users for transactions carried out on the Platforms;

   7. To keep Users apprised of the Company’s (or third parties’) promotions and offers;

   8. To customize User experience;

   9. To detect and protect the Company from error, fraud and other criminal activities;

   10. To enforce the Terms of Use; and

   11.  Other reasons which, prior to being put into effect, shall be communicated to the Users through an update carried out to this Privacy Policy.

6. The Financial Information collected from the Users is transacted through secure digital platforms of approved payment gateways which are under encryption, thereby complying with reasonably expected technology standards. While the Company shall make reasonable endeavours to ensure that the User’s personal information and the Financial Information is duly protected by undertaking security measures prescribed under applicable laws, the User is strongly advised to exercise discretion while providing personal information or Financial Information while using the Services given that the Internet is susceptible to security breaches.

7. Due to the communications standards on the Internet, when a User visits the Platforms, the Company automatically receives the uniform resource locator of the site from which such User visits the Platforms, details of the website such User is visiting on leaving the Platforms, the internet protocol (“IP”) address of each User’s computer operating system, type of web browser the User is using, email patterns, and the name of the User’s internet service provider. This information is used solely to analyze overall User trends and to help the Company in improving its Services. Please note that the link between the User’s IP address and the User’s personally identifiable information is not shared with third parties without such User’s permission or except when required by law or to provide or facilitate the User with the Services. Notwithstanding the above, the User acknowledges the Company’s right to share some of the aggregate findings, including the personal information provided by the Users in an unidentifiable form, and not the specific data with advertisers, sponsors, investors, strategic partners, and others in order to help grow the business. The amount of information sent to the Company depends on the settings of the web browser used by the User to access the Platforms. The User may refer to the browser used, if the User wishes to learn what information is provided to the Company.

8. The Platforms use temporary cookies to store certain data. The Company does not store personally identifiable information in the cookies. Information collected by the Company, by any means whatsoever, that does not personally identify the User as an individual (such as patterns of utilization described above) is exclusively owned by the Company and may be used by the Company and third party service providers for technical administration of the Platforms, user administration, research, development, and other purposes. Additionally, the Company may sell or otherwise transfer such research, statistical or intelligence data in an aggregated or non-personally identifiable form to its parent company, group companies, subsidiaries, associates, affiliates, suppliers, vendors, sister concerns, service providers and service partners and other third parties (collectively referred to as “Other Parties”).

9. A User may set or amend his/her/its web browsers to delete or disable cookies. If a User chooses to disable cookies on his/her/its computer or mobile telecommunication device, it may impair, degrade or restrict access to certain areas of the Platforms. Merely closing the web browser should ordinarily clear all temporary cookies installed by the Company. However, Users are encouraged to use the “clear cookies” functionality of their browsers to ensure deletion, as the Company cannot guarantee, predict or provide for the behaviour of the equipment of all the Users of the Platforms.

10. The Company may allow other companies or entities to serve advertisements to Users. These companies or entities include third party advertisement servers, advertisement agencies, advertisement technology vendors and research firms. The Company may target some advertisements to Users that fit a certain general profile. The Company does not use personally identifiable information to target advertisements to specific Users. In the course of serving advertisements or optimizing the Services to its Users, the Company may allow authorised third parties to place or recognize a unique cookie on the User’s browser.

11. The Company does not exercise control over the websites displayed as search results or links from within the Services. These other sites may place their own cookies or other files on the Users’ computer, collect data or solicit personal information or Financial Information from the Users, for which the Company shall not be held responsible or liable. The Company does not make any representations concerning the privacy practices or policies of such third parties or terms of use of such websites, nor does the Company guarantee the accuracy, integrity, or quality of the information, data, text, software, sound, photographs, graphics, videos, messages or other materials available on such websites. The inclusion or exclusion does not imply any endorsement by the Company of such websites, the websites’ provider, or the information on the website.

12. When a User visits or uses the Platforms, the Company may access, collect, monitor and/or remotely store data in relation to the User’s location, which may also include global positioning system coordinates or similar information regarding the location of the device using which the User has visited or used the Platforms. The location data does not collect or share any personally identifiable information about the User.

13. The Company may keep records of telephone calls received from and made to Users for the purpose of administration of Services, research and development, training, business intelligence, business development, or for User administration. The Company may share the telephone records with third parties when required by law or when required to provide or facilitate the User with the Services.

14. The Company may choose to conduct contests and surveys to collect relevant information about the Users’ preferences. These surveys and contests are optional and if the User chooses to respond, his/her/its responses will be kept anonymous. The demographic information that the User provides while availing or signing-up for the Services and through any surveys or contests is used to help the Company improve its services to meet the needs and preferences of Users.

15. The Company does not knowingly collect personal data from children (only persons above the aged of 18 shall be permitted to use the Services as provided in the Terms of Use). In an event, where in contravention of the Terms of Use, a person below the age of 18 uses the Services, the Company shall not be held liable or responsible for any damage or injury suffered by such person in logging into the Platforms and making use of the Services.

16. The Company has implemented security policies, rules and technical measures, as required under applicable law including firewalls, transport layer security and other physical and electronic security measures to protect the Financial Information and personal information that it has under its control from unauthorized access, improper use or disclosure, unauthorized modification and unlawful destruction or accidental loss. It is expressly stated that the Company shall not be responsible for any breach of security or for any action of any third parties that receive Users’ personal data or events that are beyond the reasonable control of the Company including, acts of government, computer hacking, unauthorized access to computer data and storage device, computer crashes, breach of security and encryption, etc.

17. The Company may be required to disclose personal information or Financial Information to governmental institutions or authorities when such disclosure is requisitioned under any law or judicial decree or when the Company, in its sole discretion, deems it necessary in order to protect its rights or the rights of others, to prevent harm to persons or property, to fight fraud and credit risk, or to enforce or apply the Terms of Use.

18. The Company may share/use personal information and personally identifiable information provided by Users with the Other Parties for the purposes of:

    1. enabling Users to enjoy the Services and to use the Products, including sharing information with Other Parties to provide services, technical support etc. in relation to the Products; or

    2. detecting and preventing identity theft, fraud or any other potentially illegal acts; or

    3.  monitoring and enhancing User interest and engagement, including through promotional activity, personal messages to Users using personally identifiable information provided by Users, etc; or

    4. processing the purchase of Products on the Platforms.

    To the extent that Other Parties have access to the personal information, the Company shall make efforts to ensure that the Other Parties treat such personal information at least as protectively as they treat personally identifiable information obtained from their users or members.

19. The Company or the Other Parties may merge with or be acquired by another business entity. In such an event, the Company and the Other Parties may be required to transfer the personal information to such merging or acquiring party, as the case may be. While sharing such personal information with the acquiring or merging entity, as the case may be, the Company and the Other Parties shall make reasonable endeavours to ensure that the User’s personal information is duly protected by the acquiring or merging entity, as the case may be, by undertaking security measures prescribed under applicable laws.

20. The Company may also disclose or transfer the personal and other information provided by Users, to any third party as a part of reorganization or a sale of the assets, division or transfer of a part or whole of the company. Any third party to which the Company transfers or sells its assets will have the right to continue to use the personal and other information that Users provide to the Company.

21. All the Company employees and data processors, who have access to and are associated with the processing of personal information or Financial Information provided by Users are obliged to respect the confidentiality of every User’s personal information or Financial Information.

22. The User’s visit to and/or use of the Platforms and any dispute over privacy is subject to this Privacy Policy and the Terms of Use. The Company may update this Privacy Policy at any time, with or without advance notice. The Company shall not be required to notify the Users of any changes made to this Privacy Policy. It is your responsibility, in such cases, to review the terms of this Privacy Policy from time to time.

23. All information collected from the Users by the Company is maintained in electronic form on servers and/or cloud systems and shall be accessible by certain employees of the Company. The User information may also be converted to physical form from time to time. Regardless of the manner of storage, the Company shall make commercially reasonable endeavours to ensure that the User information is rendered confidential, and will disclose User information only in accordance with the terms of this Privacy Policy.

24. The User consents to the Company reproducing/publishing all testimonials and reviews given by the User (whether on the Website, social media platforms, or in any other manner whatsoever) in relation to the Company or any of the Products, together with the User’s name and location, on the Website, on such page and in such position as the Company may determine in its sole discretion. The User agrees that the Company may edit the testimonials and reviews provided by the User and reproduce/publish such edited or paraphrased versions of the testimonials and reviews on the Website. If the User has any concerns with the reproduction/publication of any testimonial or review provided by the User on the Website, the User may contact the Company at support@mothercare.in.

Visitors Note

1. No personal information or Financial Information is automatically collected from any visitors of the Platforms who are merely perusing or browsing the Platforms (“Visitor”). Nevertheless, the provisions of this Privacy Policy are applicable to Visitors, and Visitors are required to read, understand and accept the privacy statements set out herein, failing which they are required to leave the Platforms immediately.

2. A User will not merely be a Visitor if the User has willingly submitted any personal information or Financial Information (including phone numbers, email addresses, responses to surveys, etc.) to the Company through any means, including email, telephone calls, telephonic messaging or while availing or signing-up for the Services. All such Visitors will be deemed to be, and will be treated as, Users for the purposes of this Privacy Policy, and in which case, all the statements in this Privacy Policy shall apply to the User.

3. If you, as a Visitor, have inadvertently browsed any other pages of the Platforms prior to reading the privacy statements set out herein, and you do not agree with the manner in which such information is obtained, stored or used, merely quitting the Platforms should ordinarily clear all temporary cookies installed by the Company. All Visitors, however, are encouraged to use the “clear cookies” functionality on their browsers to ensure such clearing or deletion, as the Company cannot guarantee, predict or provide for the behaviour of the equipment of all the Visitors of the Platforms.

4. If you are accessing the Platforms from outside India, it is solely your responsibility to ensure that your access does not breach or violate any local or national law applicable in the place from where you are making the access, for the time being in force.

Opt-Out Policy

1. The third party service providers with whom the Company may share personal information or Financial Information provided by Users are not permitted to market their own services or send promotional e-mails or engage in promotional communication with the Users. The Company provides all Users with the opportunity to opt-out of receiving non-essential, promotional, or marketing-related communication from itself or its partners. These settings can be found on the Platforms.

2. If a User wishes to remove his/her/its contact information from all the Company’s lists and newsletters, the User can click on the "unsubscribe" link or follow the instructions in each e-mail message. Alternatively, the User can contact the Company at support@mothercare.in. The Company reserves the right to limit membership based on availability of contact information. All Users will be notified by email prior to any actions taken.

Feedback or Concern

What is this Document?

1. These terms of use, read together with the (i) Privacy Policy, (ii) Fee and Payment Policy, (Iii) Delivery Policy, (Iv) Promotions Policy, And (V) Return and Refund Policy constitute a legal and binding agreement between you and Rhea Retail Private Limited, a company incorporated under the laws of India, having its registered office at 204, Ground/F/F Okhla Industrial Estate, Phase-III, South Delhi, New Delhi - 110020, India ("Mothercare").

2. The Terms of Use, inter alia, provides the terms that govern your access to use (i) Mothercare’s website www.mothercare.in, and its mobile and tablet applications (“Platforms”), (iii) Mothercare’s online lifestyle, fashion and electronics solutions, which inter alia facilitates the purchase of electronics, lifestyle, fashion merchandise and such other products sold by Mothercare (“Products”) through the Platforms, and (iv) and any other service that may be provided by Mothercare from time to time (collectively referred to as the “Services”).

3. You hereby understand and agree that the Terms of Use form a binding contract between Mothercare and anyone who accesses, browses, or purchases the Products and uses the Services in any manner (“User”) and accordingly, you hereby agree to be bound by the terms contained in the Terms of Use. If you do not agree to the terms contained in the Terms of Use, you are advised not to proceed with purchasing the Products or using the Services. The terms contained in the Terms of Use shall be accepted without modification. The use of the Services would constitute acceptance of the terms of the Terms of Use.

Terms and Conditions Applicable to Users

1. Users must be 18 years of age or older to register, or visit or use the Services in any manner. By registering, visiting or using the Services, you hereby represent and warrant to Mothercare that you are 18 years of age or older, and that you have the right, authority and capacity to use the Services, and agree to abide by the Terms of Use. If a User is below 18 years of age, it is assumed that he/she is using/browsing the Platforms under the supervision of his/her parent or legal guardian and that such User’s parent or legal guardian has read and agrees to the terms of this Terms of Use, including terms of purchase of Products, on behalf of the minor User. Should Mothercare be made aware that a User is under the age of 18 and is using/browsing the Platforms without the supervision of his/her parent or legal guardian, Mothercare reserves the right to deactivate such User’s account without further notice.

2. The Terms of Use are governed by the provisions of Indian law, including, but not limited to:

   1. the Indian Contract Act, 1872;

   2. the Information Technology Act, 2000;

   3. the rules, regulations, guidelines and clarifications framed thereunder, including the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (“SPI Rules”) and;

   4. the Information Technology (Intermediaries Guidelines) Rules, 2011 (“IG Rules”).

3. The contents of Services, information, text, graphics, images, logos, button icons, software code, interface, design and the collection, arrangement and assembly of the content on the Platforms or any of the other Services are the property of Mothercare, its parent company, group companies, subsidiaries, associates, affiliates, suppliers, vendors and sister companies, as the case may be (“Mothercare Content”), and are protected under copyright, trademark and other applicable laws. You shall not modify the Mothercare Content or reproduce, display, publicly perform, distribute, reverse engineer or otherwise use the Mothercare Content in any way for any public or commercial purpose or for personal gain.

4. Mothercare authorises you to view and access the Mothercare Content solely for identifying Products, carrying out purchases of Products and processing returns and refunds, in accordance with Return and Refund Policy, if any. Mothercare, therefore, grants you a limited, revocable permission to access and use the Services. This permission does not include a permission for carrying out any resale of the Products or commercial use of the Mothercare Content, any collection and use of product listings, description, or prices, and, any derivative use of the Platforms or of Mothercare Content. 

5. As means to assist the Users in identifying the Products of their choice, Mothercare provides visual representations on the Platforms including graphics, illustrations, photographs, images, videos, charts, screenshots, infographics and other visual aids. While reasonable efforts are made to provide accurate visual representations, Mothercare disclaims any guarantee or warranty of exactness of such visual representation or description of the Product, with the actual Product ultimately delivered to Users. The appearance of the Product when delivered may vary for various reasons.

6. Users may make purchases on the Platforms. For the purposes of identifying a User, Mothercare may, from time to time, collect certain personally identifiable information such as your first name and last name, email address, mobile phone number, postal address, other contact information, demographic profile, etc. Users may also register themselves on the Platforms. Registration on the Platforms is one-time and you are required to remember your username and password and keep the same confidential. In the event where you have misplaced your username and password details, you can retrieve and change the same using the “forgot username/password” option on the Platforms.

7. The User shall assume all risks, liabilities, and consequences if his/her account has been accessed illegally or without authorisation through means such as hacking and if through such unauthorised access, a purchase of Products has been made through the Services. It is specifically clarified that payments of monies towards any Products purchased through the Services by unauthorised or illegal use of the User’s account shall entirely be borne by the User.

8. Display of Products for purchase on the Platforms is merely an invitation to offer. An order placed by a User for purchase of a Product constitutes an offer. All orders placed by Users on the Platforms are subject to the availability of such Product, Mothercare’s acceptance of the User’s offer and the User’s continued adherence to the terms of the Terms of Use.

9. You agree to maintain and promptly update all data provided by you and to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current, incomplete, or if Mothercare has reasonable grounds to suspect that the information provided by you is untrue, inaccurate, not current, incomplete, or not in accordance with the terms of the Terms of Use, Mothercare reserves the right to indefinitely suspend, terminate or block your access to the Platforms, and refuse to provide you with access to the Platforms in future.

10. All rights and liabilities of Mothercare with respect to any Services to be provided by it shall be restricted to the scope of the Terms of Use. In addition to the Terms of Use, you shall also ensure that you are in compliance with the terms and conditions of the third parties, whose links are contained/embedded in the Services. It is hereby clarified that Mothercare shall not be held liable for any transaction between you and any such third parties.

11. You understand that on your registration as a User or on your purchase of Products on the Platforms, you may receive text messages (including through internet-based mobile messaging) and/or emails from Mothercare on your registered mobile number and/or email address. These messages and/or emails could relate inter alia to your registration, Mothercare’s acceptance or rejection of your offer to purchase a Product, payment information, Product despatch information, information pertaining to other activities you carry out on the Platforms and information pertaining to the promotions that are undertaken by Mothercare (or third parties in connection with the Platforms) from time to time. It is specifically clarified that a text message and/or an email confirming the receipt of your order is not an acceptance from Mothercare that the Product will be delivered. Mothercare’s acceptance to your offer to purchase shall occur and conclude only when the products have been despatched by Mothercare and a text message and/or email confirming such despatch has been sent to you. Mothercare, at all times, reserves the right to limit the quantity of items in, or cancel an order prior to despatch. 

12. Any communication from Mothercare shall be sent only to your registered mobile number and/or email address or such other contact number or email address that you may designate, for any particular transaction. You shall be solely responsible to update your registered mobile number and/or email address on the Platforms in the event there is a change. Further, Mothercare may also send you notifications and reminders with respect to scheduled deliveries of the purchased Products. While Mothercare shall make every endeavour to share prompt reminders and notifications relating to the delivery of purchased Products with you, Mothercare shall not be held liable for any failure to send such notifications or reminders to you.

13. Mothercare may, at any time and without having to service any prior notice to you: (i) upgrade, update, change, modify, or improve the Services or a part of the Services in a manner it may deem fit, and (ii) change the contents of the Terms of Use in substance, or as to procedure or otherwise; in each case which will be applicable to all Users. You hereby agree that this is in the fairness of things given the nature of the business and its operations and you will abide by them. As such, you must keep yourself updated at all times and review the terms of the Terms of Use from time to time. Such changes shall be made applicable when they are posted. Mothercare may also alter or remove any content from the Platforms without notice.

14. While Mothercare shall make reasonable endeavours to maintain high standards of security and shall provide the Services by using reasonable efforts, Mothercare shall not be liable for any interruption that may be caused to your access or use of the Services.

15. Access to and registration on the Platforms is free of cost. Although unlikely, Mothercare may modify the Fee, Payment and Promotions Policy to include a fee on access and browsing of the Platforms, or for use of any new service introduced by Mothercare without serving prior notice on the Users.

16. The Services included on or otherwise made available to the Users through the Platforms are provided on an “as is” and “as available” basis without any representations or warranties, express or implied, except if otherwise specified in writing. Mothercare does not covenant or warrant that:

    1. the Services will be made available at all times;

    2. the Mothercare Content available on the Platforms is complete, true, accurate or non-misleading; and

    3. the Products are of specified merchantability, merchantable quality and fit for use for a particular purpose.

    The User hereby affirms that the information provided by him / her is true, correct and complete to the best of his / her knowledge and belief. The User agrees and understands that he / she will be solely responsible in the event of any inaccuracy or deviation therefrom at a later stage.

User Covenants and Obligations

1. As mandated under the provisions of Regulation 3(2) of the IG Rules, Mothercare hereby informs you that you are prohibited from hosting, displaying, uploading, modifying, publishing, transmitting, updating or sharing any information that:

   1. belongs to another person and to which you do not have any right;

   2. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating to or encouraging money laundering or gambling, or otherwise harmful in any manner whatsoever;

   3. harms minors in any way;

   4. infringes any patent, trademark, copyright or other proprietary rights;

   5. violates any law for the time being in force;

   6. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

   7. impersonates or defames another person; or

   8. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource.

2. You are also prohibited from:

   1. violating or attempting to violate the integrity or security of the Platforms or the Mothercare Content;

   2. transmitting any information on or through the Platforms that is disruptive or competitive to the provision of Services by Mothercare;

   3. intentionally submitting on the Platforms, false or inaccurate information;

   4. using any engine, software, tool, agent or other mechanism (such as spiders, robots, avatars, worms, time bombs, Easter eggs, cancel bots, intelligent agents, etc.) to navigate or search the Platforms;

   5. attempting to decipher, decompile, disassemble or reverse engineer any part of the Platforms; or

   6. copying or duplicating in any manner any of the Mothercare Content.

3. You are also obligated to:

   1. refrain from acquiring any ownership rights by downloading the Mothercare Content;

   2. read the Terms of Use and agree to accept the terms and conditions set out therein;

   3. refrain from copying or modifying the Mothercare Content available on the Platforms for any purpose;

   4. comply with all applicable laws in connection with your use of the Platforms;

   5. not refuse the delivery of purchased Products except when damages and deficiencies can be identified upfront at the time of delivery; and

   6. use the Products for personal, non-commercial use.

4. You hereby authorise Mothercare to declare and provide declarations to any Governmental authority on request on your behalf, including that the Products ordered by you are for personal, non-commercial use.

5. Mothercare may disclose or transfer information provided by you to its affiliates in India and other countries, and you hereby consent to such transfer. In terms of the SPI Rules, Mothercare can transfer sensitive personal data or information to any other body corporate or a person that ensures the same level of data protection that is adhered to by Mothercare as provided for under the SPI Rules, only if such transfer is necessary for the performance of the lawful contract between Mothercare or any person on its behalf and the User or where you have consented to such data transfer.

Third Party Information

1. All information in relation to third parties as available on the Platforms (collectively referred to as “Third Party Information”) are provided solely for your reference. Mothercare is not endorsing the Third Party Information and is not responsible for any errors and representation nor is it associated with it and you shall access the Third Party Information at your own risk.

2. Further, it is up to you to take sufficient precautions to ensure that whatever links you select, whether from the Platforms, or other Services, is free of such items such as, but not limited to, viruses, worms, Trojan horses, defects and other items of a destructive nature.

Intellectual Property Rights

1. All the intellectual property used on the Platforms by Mothercare, including the Mothercare Content, shall remain the property of Mothercare, its parent company, group companies, subsidiaries, associates, affiliates, suppliers, vendors, sister companies or of any third party hosting such intellectual property on the Platforms. Except as provided in the Terms of Use, the materials may not be modified, copied, reproduced, distributed, republished, downloaded, displayed, sold, compiled, posted or transmitted in any form by any means, including but not limited to, electronic, mechanical, photocopying, recording or other means, without the prior express written permission of Mothercare, its parent company, group companies, subsidiaries, associates, affiliates, suppliers, vendors, sister companies or any third party hosting such material on the Platforms, as the case may be.

2. If you believe that your intellectual property rights have been used in a way that raises concerns of infringement, please write to us at support@mothercare.in and let us know of your concerns.

Unlawful or Prohibited Use

Liability

1. You acknowledge and undertake that you are accessing the Services and purchasing the Products at your own risk and that you are using prudent judgment before placing an order for a Product or availing any Services through the Platforms. Mothercare shall, at no point, be held liable or responsible for any representations or warranties in relation to the Products. Refund of the price paid for the purchase of a Product or replacement thereof shall be governed by the Return and Refund Policy which may be accessed here.

2. Mothercare does not provide or make any representation, warranty or guarantee, express or implied about the Platforms, Products or the Services, and all implied warranties under law or contract are to the maximum extent possible hereby disclaimed.

3. The maximum aggregate liability of Mothercare, in respect of all Services provided, and all transactions undertaken by the User by using the Services, shall be limited to a maximum of INR 1,000 (Indian Rupees one thousand).

Indemnity

Grievance Officer

Postal Address:
Mothercare India
Reliance Brands Limited
8th Floor, Maker Towers E, Cuffe Parade
Mumbai-400005

Severability

Term and Termination

1. The Terms of Use will remain in full force and effect while you use any Service in any form or capacity.

2. Mothercare reserves the right to terminate its Services provided to you in the event of breach of any terms contained in the Terms of Use, misrepresentation of information, any unlawful activity or if Mothercare is unable to verify or authenticate any information you submit to it.

3. The User may terminate the Terms of Use at any time, provided that the User discontinues any further use of the Platforms or Services.

4. It is specifically clarified that any termination of the Terms of Use by a User shall not cancel the User’s obligation to pay for a Product purchased on the Platforms, or any other obligation which has accrued, or is unfulfilled and relates to the period, prior to termination.

5. Any provision of the Terms of Use which imposes an obligation or creates a right that by its nature will be valid after termination or expiration of the Terms of Use shall survive the termination or expiration of the Terms of Use.

Dispute Resolution and Governing Law

1. The Terms of Use and any contractual obligation between Mothercare and you under the Terms of Use shall be governed by the laws of India, subject to the exclusive jurisdiction of the courts at Mumbai, Maharashtra.

2. All disputes will be subject to arbitration at Mumbai, Maharashtra in accordance with the Arbitration and Conciliation Act, 1996. The arbitration proceedings shall be conducted in the English language. Mothercare and the disputing User shall be entitled to appoint 1 (one) arbitrator each and the 2 (two) arbitrators so appointed will jointly appoint the 3rd (third) arbitrator.

3. Arbitration awards shall be reasoned awards and shall be final and binding on Mothercare and the disputing User, and shall be enforceable in any court of competent jurisdiction.

Waiver

Notices

Postal Address:
Mothercare India
Reliance Brands Limited
8th Floor, Maker Towers E, Cuffe Parade
Mumbai-400005

Email Address: support@mothercare.in

Interpretation

1. Headings, subheadings, titles, subtitles to clauses, sub-clauses and paragraphs are for information only and shall not form part of the operative provisions of the Terms of Use and shall be ignored in construing the same.

2. Words denoting the singular shall include the plural and words denoting any gender shall include all genders.

3. The words “include” and “including” are to be construed without limitation.