Terms of Service
Welcome to Mamaearth! Mamaearth and/or its affiliates ("Mamaearth") provide website features, products, and services to you. When you visit or shop at Mamaearth site www.mamaearth.com you use Mamaearth products or services, access Mamaearth mobile applications, or use any software provided by Mamaearth in connection with any of the above (collectively, the "Mamaearth Services"). By using Mamaearth Services, you agree to the following conditions:
PRIVACY
Please review our Privacy Notice, which also governs your use of Mamaearth Services, to understand our practices.
ELECTRONIC COMMUNICATIONS
When you use Mamaearth Services or send emails, text messages, or other communications from your device to us, you are communicating with us electronically. You consent to receive communications from us electronically, including emails, texts, mobile push notifications, or messages on this site or through other Mamaearth Services. You may retain copies for your records. You agree that all agreements, notices, disclosures, and other communications provided electronically satisfy any legal requirement that such communications be in writing.
COPYRIGHT
All content included in or made available through Mamaearth Services—such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software—is the property of Mamaearth or its content suppliers and is protected by U.S. and international copyright laws. The compilation of all content is the exclusive property of Mamaearth.
LICENSE AND ACCESS
Subject to your compliance with these Terms and Conditions and any applicable Service Terms, Mamaearth grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal, non-commercial use of the Mamaearth Services. This license does not permit: • Resale or commercial use of any Mamaearth Service or its contents. • Collection or use of product listings, descriptions, or prices. • Derivative use of any Mamaearth Service or its contents. • Downloading or copying of account information for a third party. • Data mining or other data extraction tools. No part of the Mamaearth Services may be reproduced, copied, sold, resold, or exploited without express written consent from Mamaearth. Misuse of the Services is strictly prohibited.
YOUR ACCOUNT
You may need your own Mamaearth account to use certain Mamaearth Services, and you may be required to be logged in to the account. You are responsible for maintaining the confidentiality of your account and password and restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. Mamaearth sells products intended for children; however, these products are offered for purchase only by adults. If you are under the age of 18, you may use Mamaearth Services only with the involvement of a parent or legal guardian. Purchases must be made using a credit card or another permitted payment method by an adult. Mamaearth reserves the right, at its sole discretion, to refuse service, terminate accounts, restrict or terminate your access to the Services, remove or edit content, or cancel orders for any reason.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
You may post reviews, comments, photos, videos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any individual or entity, or otherwise mislead as to the origin of any content, including but not limited to messages, reviews, or other submissions. Any attempt to deceive, misrepresent, or falsify your identity or affiliation is strictly prohibited. Mamaearth reserves the right—but not the obligation—to monitor, remove, or edit any content that violates these Terms or is otherwise objectionable, although we do not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant Mamaearth a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Mamaearth and sublicensees the right to use the name that you submit in connection with such content if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that the use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Mamaearth for all claims resulting from content you supply. Mamaearth has the right but not the obligation to monitor and edit or remove any activity or content. Mamaearth takes no responsibility and assumes no liability for any content posted by you or any third party.
INTELLECTUAL PROPERTY COMPLAINTS
Mamaearth respects the intellectual property of others. If you believe that your intellectual property rights are being infringed, please use our legal policy page to report listings that you believe violate your intellectual property rights and we will investigate the matter
RISK OF LOSS
All purchases of physical items from Mamaearth are made under a shipment contract. This means that the risk of loss and title for such items passes to you upon our delivery to the carrier.
DISCOUNT CODES, STORE CREDITS AND GIFT CARD
Only one promotional method (discount code, store credit, or gift card) may be used per order. These offers cannot be combined. Mamaearth reserves the right to modify or withdraw these offers at any time without notice. Any existing Discount codes, store credit and gift card can be waived at the time of modify or withdrawal by Mamaearth. PRICING "List Price" means the suggested retail price of a product as provided by a manufacturer, supplier, or seller. We generally do not charge your credit card until after your order has entered the shipping process or, for digital products, until we make the digital product available to you.
SANCTIONS AND EXPORT POLICY
You may not use any Mamaearth Service if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using Mamaearth Services. You must comply with all U.S. or other export and re-export restrictions that may apply to goods, software (including Mamaearth Software), technology, and services.
OTHER BUSINESSES
Mamaearth Services may contain links to websites operated by third parties or provide access to stores, services, software, or product lines offered by parties other than Mamaearth. These third parties operate independently of Mamaearth, and we do not control or assume responsibility for their content, products, policies, or services. If you choose to purchase products or use services offered by any of these third-party businesses, you are entering into a transaction directly with them, not with Mamaearth. We do not warrant or guarantee the offerings of these businesses or the content of their websites. You are encouraged to review their terms of service, privacy policies, and other conditions before engaging in any transaction. If you purchase any of the products or services offered by these businesses or individuals, you are purchasing directly from those third parties, not from Mamaearth. We are not responsible for examining or evaluating, and we do not warrant, the offerings of any of these businesses or individuals (including the content of their Web sites).Mamaearth does not assume any responsibility or liability for the actions, products, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
To the maximum extent permitted by law, under no circumstances and under no legal theory (whether based in equity, contract, negligence, other tortious action, strict liability, or any other theory of liability) shall Mamaearth, its officers, directors, employees, subsidiaries or affiliated companies be liable for any direct, indirect, incidental, special, consequential or punitive damages, such as, but not limited to loss of revue, loss of anticipated profits, goodwill, diminution of value, business interruption costs, or any other intangible losses (even if we have been advised of the possibility of such damages) arising out of, related to, caused by, or resulting, or resulting in any way from
(1) the use of the services;
(2) the inability to use the services
(3) modifications of or removal of any portion of the services, or the content offered therein;
(4) these terms of use;
(5) the accuracy, timeliness, performance, completeness, or suitability of any content or the services for any particular purpose;
(6) defects in the content or the services;
(7) errors, inaccuracies, or omissions in Mamaearth’s content or the services;
(8) damage from any security breach or any other security intrusion, or any virus, bugs, other malicious software or harmful components, tampering, interruption, delay in operation or transmission, computer line or network failure, or any other technical or other malfunction.
Furthermore, Neither Mamaearth nor its officers, directors, employees, subsidiaries, or affiliated companies shall be liable in any way for third-party products and services offered through the services. Moreover, Mamaearth and officers, directors, employees, subsidiaries, or affiliated companies shall not be liable for any damage to your computer, device, hardware, software, or other property arising out of, related to, caused by, or resulting in any way from access to or use of the services. Some jurisdictions do not allow the exclusion or limitation of liability for consequential incidental or other damages, so the above limitations may not apply to you. In these jurisdictions, Mamaearth’s liability will be limited to the maximum extent permitted by law.
DISPUTES
Any dispute or claim relating in any way to your use of any Mamaearth Service, or to any products or services sold or distributed by Mamaearth or through www.mamaearth.com, will be resolved through binding arbitration, rather than in court. This includes, without limitation, any claims based in contract, tort, statute, fraud, misrepresentation, or any other legal theory. However, you may assert qualifying claims in small claims court, provided the claims remain within the court's jurisdictional limits. The arbitration shall be conducted under the rules of the and the Federal Arbitration Act and applicable federal arbitration law shall govern this agreement to arbitrate. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, the arbitrator may award the same individual relief as a court could, including injunctive or declaratory relief and statutory damages, and must follow the terms of these Conditions of Use. By using Mamaearth Services, you agree to waive any right to a jury trial or to participate in a class action.
APPLICABLE LAW
By using any Mamaearth Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of California, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Mamaearth.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, posted on this site. These policies also govern your use of Mamaearth Services. We reserve the right to change our site, policies, Service Terms, and Conditions of Use at any time. Suppose any of these conditions shall be deemed invalid, void, or unenforceable. In that case, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
No Spam.
You must comply with all up to date “SPAM” laws. For example, emails must be created and distributed in a personal manner and bulk email distribution is strongly discouraged. Any distribution of your bulk information that could constitute unsolicited commercial email or "spam" under any applicable law or regulation is expressly prohibited and will be grounds for immediate termination of your account.
Right to Close Accounts.
Mamaearth reserves the right to close the accounts of any customers if questionably or breaches any of these Terms & Conditions or is in violation of any law, statute or governmental regulation.
OUR ADDRESS
Unit No. 404,
4th Floor, City Centre, Plot No. 05, Sector - 12,
Dwarka - Southwest, New Delhi, Delhi-110075.