Welcome to www.mycocomama.com ("Website").  Apex Coco and Solar Energy Limited and /or its affiliates provide access to the Website to You subject to the terms and conditions set out herein.

A.        Conditions of Use

B.        Conditions of Sale

 

A.        Conditions of Use

 

For the purpose of these Conditions of Use, wherever the context so requires "You" or "User" or "Your" or “Customer” shall mean any natural or legal person who has agreed to become a Buyer by using the Website by registering himself / herself as a Register User. The Term “We”, “Us”, “Our” shall mean Apex Coco and Solar Energy Limited.

 

By using Website, the Customer has unconditionally accepted the terms and conditions of use as given here under and/or elsewhere in the Website.

 

In addition, when the Customer use any of Our current or future service, he/she will also be subject to the terms, guidelines and conditions applicable to that Service (“Terms” or “T&C”). If these Conditions of use are inconsistent with such Terms, the Terms will control.

 

These Terms of Use constitute an electronic record in terms of the Information Technology Act, 2000 (“IT Act”), the rules thereunder as applicable, and the provisions pertaining to electronic records in various statutes as amended by the IT Act. This electronic record is generated by a computer system and does not require any physical or digital signatures.

 

1.         Conditions Relating to Your Use of the Website

 

1.1.         Your Account

While using the Website, the Customer is responsible for maintaining the confidentiality of their account and password and for restricting access to their computer and / or any other device to prevent unauthorized access to their account. You agree to accept responsibility for all activities that occur under Your account. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform Us immediately if You have any reason to believe that Your account or password has been compromised, or if the account or password is being, or is likely to be, used in an unauthorized manner. We reserve the right to refuse access to the Website, terminate or suspend accounts, remove or edit content at any time without any prior notice to the Customer.  You understand that the Website and software embodied within the Website may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Us.  You may not attempt to override, disable, circumvent, or otherwise interfere with any such security components and usage rules embedded into the Website.

 

1.2.         Privacy

We respect the Privacy of its Users. Please review Our Privacy Policy, which also governs Your visit to the Website, to understand Our practices. The personal information / data provided to Us by the Customer during the course of usage of the Website will be treated as strictly confidential and in accordance with the Privacy Policy and applicable laws and regulations.  If the Customer has any objection in transferring or using the information provided by him/her, then the Customer may refrain from using the Website.  When you access or use the Website, you signify your consent to the Privacy Policy as well as the Conditions of Use.

 

1.3.         About the Website

You agree, understand and acknowledge that the Website is an online platform that enables the Customer to purchase products listed on the Website (“Products” or “Items”) at the price indicated therein at any time from any location within India by making payments through the payment gateways available on the Website.  The orders placed on the Website can also tracked using the relevant reference numbers or order numbers provided while placing the order.

 

1.4.         Access to the Website

We will do Our utmost to ensure that availability of the Website will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed.  Also, Your access to the Website may also be occasionally suspended or restricted to allow for repairs, maintenance or the introduction of new features or services at any time without prior notice. We will attempt to limit the frequency and duration of any such suspension or restriction.

 

1.5.         License for website access

Subject to Your compliance with these Conditions of Use, We grant You a limited license to access and make personal use of this Website, but not to download (other than page caching) or modify it, or any portion of it, except with Our prior written consent. This license does not include any resale or commercial use of this Website or its contents; any collection and use of any Product listings, descriptions, or prices; any derivative use of this Website or its contents; any downloading or copying of account information for the benefit of any seller or any use of data mining, robots, or similar data gathering and extraction tools.

 

This Website or any portion of this Website (including but not limited to any copyrighted material, trademarks, or other proprietary information) may not be reproduced, duplicated, copied, sold, resold, visited, distributed or otherwise exploited for any commercial purpose without obtaining Our prior written consent.

 

The Customer shall not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Website without our written consent. The Customer shall not use any meta tags or any other "hidden text" utilizing Our names or trademarks without Our prior consent. Any unauthorized use terminates the permission or license granted by Us. The Customer is granted a limited, revocable, non-transferrable and non-exclusive right to use to Website. The Customer shall not use any of Our Website and / or logo or other proprietary graphic or trademark as part of the link without obtaining Our prior written consent.

 

1.6.         Your Conduct

The Customer must not use the Website in any way that causes or is likely to cause the Website or access to it to be interrupted, damaged or impaired in any way at any point in time. The Customer understand that the Customer is solely responsible for all electronic communications and content sent from his/her computer and / or any other device to Us and the Customer must use the Website for lawful purposes only. The Customer must not use the Website for fraudulent purposes, or in connection with a criminal offense or other unlawful activity.

 

If the Customer do post content or submit material and unless We indicate otherwise, the Customer grant Us a non-exclusive, royalty-free, irrevocable, perpetual and fully sub licensable rights to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media.  We may have the right to use the name that the Customer submit in connection with such content.

 

The Customer represents and warrants that he/she own or otherwise control all of the rights to the content that he/she post or that he/she otherwise provide on or through the Website.  The Customer shall assure Us that:

a.       the content and material is accurate;

b.       use of the content and material the Customer supply does not breach any of Our applicable policies or guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory);

c.       the content is lawful. The Customer agree to indemnify Us for all claims brought against Us by a third party arising out of or in connection with a breach of any of these warranties.

 

1.7.         Claims against Objectionable Content

As We hosts many thousands of comments, it is not possible for Us to be aware of the contents of each comment or review that is displayed in the Website.  Accordingly, We operate on a "notice and takedown" basis. If you believe that any content is displayed on the Website, please notify us immediately.

 

1.8.         Intellectual Property Rights

All patents, trademarks, copyrights, content displayed and / or included on this Website such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is our property. All software used on this Website is the Our exclusive property (except stated otherwise) its affiliates or its software suppliers and is protected by India and / or international copyright and author' rights laws.  The Customer shall not systematically extract and / or re-utilise parts of the contents of the Website without Our prior written consent.

 

1.9.         Use of Our Software

The Customer may use Our software solely for purposes of enabling him/her to use and enjoy Our services and as permitted by the Conditions of Use. The Customer shall not incorporate any portion of Our software into his/her own programs or compile any portion of it in combination with his/her own programs, transfer it for use with another service, or sell, rent, lease, lend, loan, distribute or sub-license Our software or otherwise assign any rights to Our software in whole or in part. The Customer shall not use Our software for any illegal purpose. We may cease providing any of Our software and We shall terminate the Customer’s right to use Our software at any time. The Customer’s rights to use Our software will automatically terminate without notice from Us if he/she fail to comply with any Conditions of Use or any other Terms and will govern the use of such software in the event of a conflict with these Conditions of Use. All software used by Us is our exclusive property and protected by the laws of India.

 

1.10.      Use of Third Party Services

When the Customer use Our software, he/she may also be using the services of one or more third parties, such as a wireless carrier or a mobile platform provider. The Customer’s use of these third party services may be subject to the separate policies, terms of use, and fees of these third parties.  We are responsible or liable for the same in any manner whatsoever.

 

1.11.      No Reverse Engineering

The Customer shall not encourage, assist or authorize any other person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with Our software, whether in whole or in part or create any derivative works of or from Our software.

 

1.12.      Updates

In order to keep Our software up-to-date, We may offer automatic or manual updates at any time and without any prior notice to the Customer.

 

1.13.      Entire Agreement

These T&C and other Policies shall constitute the entire agreement between the parties and supersedes all other terms and conditions and/ or agreements relating to the subject matter, and set out the complete legal relationship between Company and the Buyer arising from or connected with the subject matter. For the avoidance of doubt, in the case of any conflict between these T&C, and any other agreement, these T&C shall apply.

 

1.14.      Severability

If any part of these T&C is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the T&C shall continue in effect.

 

B.        Conditions of Sale of Products to You

 

1.         Our Contract

1.1.         When the Customer place an order to purchase a Product from Us, the Customer shall provide the following details to us:

• Name of the Recipient;
• Flat Number/House Number;
• Name of the Building;
• Name of the road/street/marg;
• Contact Number Landline/Mobile;
• Proper/Familiar land mark;
• E-mail address.

1.2.         After placing his/her order with us, the Customer will receive an e-mail confirming receipt of his/her order and containing the details of his/her order. The order confirmation E-mail is an acknowledgement that We have received the Customer’s order. We only conclude the contract of sale for a Product ordered by the Customer when the Product is dispatched to the Customer and an Email confirmation is sent to the Customer that the Product has been dispatched to the Customer (the "Dispatch Confirmation E-mail"). If the Customer’s  order is dispatched in more than one package, the Customer may receive a separate Dispatch Confirmation E-mail for each package, and each Dispatch Confirmation E-mail and corresponding dispatch will conclude a separate contract of sale between the Customer and Us for the Product(s) specified in that Dispatch Confirmation E-mail.

1.3.         The Customer’s contract is with Us and the Customer confirm that the Product(s) ordered by the Customer are purchased for his/her internal / personal purpose and not for re-sale or business purpose. The Customer authorize Us to declare and provide declaration to any governmental authority on his/her behalf stating the aforesaid purpose of the Products ordered by the Customer on the Website.

1.4.         The Customer can cancel his/her order for a Product within one (1) hour of the Customer placing the order on the Website.  In the event the Customer cancel his/her order within the said time frame, We will refund the amount to the original bank account through which the payments were originally received within 7 working days.  In the event of any cancellation after the said one (1) hour period, there would be no refund from Us for any reason whatsoever.

 

2.         Pricing

The Customer shall be liable and responsible for payment of all fees, costs, charges taxes, duties and cess as applicable and associated with the purchase of Products unless stated otherwise.

 

3.         Availability

We list availability information for the Products sold by Us on the Website including on each Product information page. They are not guaranteed dispatch times and should not be relied upon as such. As We process the Customer’s order, the Customer will be informed by Email if any Products he/she order turn out to be unavailable.

 

4.         Delivery

4.1.         The delivery will be made on the shipping address mentioned at the time of placing the order through third party service providers. The consignment will not be redirected/redelivered to any other address at any circumstances.

4.2.         The third party delivery agent will attempt delivery of the Products once. In case the delivery is not executed during the attempt, you shall still be charged for the order and no redelivery attempt will be made.

4.3.         The order will also be considered as Delivered in the following events:

• Delivery not completed due to the incorrect address or phone number provided by the Buyer;
• Non-availability of the addressee at the premises;
• Premises are locked;
• Wrong phone number or phone not working or switched off or not reachable, when tried by the third party delivery agent;
• Addressee refused to accept the Products;
• Delivered the Product at the security cabin of the building/Reception/Neighbour, based on the instructions from the customer;
• In case of civil disturbances, floods, Heavy Rains, National Bandh or in happening any other force majeure event, we reserve the right to cancel the order or reschedule the delivery to another date.

 

5.         Shipping Policy

Orders are shipped within 24-48 hours of confirmation. Based on the delivery location, the majority of orders are delivered within 7 working days after shipping. All orders will be shipped to the shipping address you choose when placing your order. The third-party delivery agent shall deliver the Products during their regular business hours. It may, however, be delayed on certain days owing to extreme weather or governmental regulatory operations. Coco Mama shall not be liable for any delay or failure to deliver the Products by the third-party delivery agent. Once the Products are dispatched by the third party delivery agency, Coco Mama or the third party delivery agent will share the necessary tracking information.

 

6.         Availability Estimate Definitions:

6.1.         Availability estimates are provided on Product detail pages, depending upon the status of the Item's stock.

6.2.         The estimated availability of each Product tells the Customer the time required for a Product to be available and allows the Customer to estimate the time it would take to receive his/her order.

6.3.         In Stock: The Item is available at the time the Customer is placing the order.

6.4.         Any other specific length of time (i.e. 3-4 days, 3-5 weeks, 1-2 months): It will take this amount of time for the Item to be received from the supplier, packed and prepared for dispatch.

6.5.         Temporarily Out of Stock: This Item is currently not in stock but it's available for ordering. If the Customer place an order, We will send the Customer an Email with the expected delivery date as soon as We have that information from Our suppliers regarding the same.

6.6.         Currently Unavailable: This Item is not available at the time the Customer are placing the order.

6.7.         In any of the above cases, We will inform the Customer by Email if the availability estimate changes or if any Items in his/her order become unavailable. To keep the Customer informed of the status of his/her order, We will send the Customer one confirmation Email on his/her purchase and another one, once We have shipped his/her order. In this Email, We will indicate the estimated delivery date the contents of the Customer’s package and the delivery option.  However, the same shall depend on the conditions mentioned in points 4 and 5 herein above.

 

7.         Children

Our Website is only available to persons who can independently form a legally binding contract. If You are a minor, You may use Our Website only with the involvement of a parent or guardian.

 

8.         General Returns Policy

There shall be no returns on the Products ordered through the Website except for reasons mentioned in this T&C document.

 

9.         Replacements

9.1.         Items eligible for a Free Replacement: Notwithstanding anything stated in clause 8 herein above, if the Item You ordered is expired or was different from what was ordered, it will be eligible for a free replacement provided the exact Item is available with us.  For such free replacement, our third party courier pick up agent shall pick the wrongly delivered Product or the expired Product from the same address to which such wrong or expired Product was originally delivered within 3-5 business days.  All the Items must be returned in their original condition and in the original box/packaging as delivered to You. Subject to verification by us:

9.1.1.       If the eligible Product is available with us, the same shall be delivered to You within 3-5 business days of our third party courier pick up agent picking up the wrong Product.

9.1.2.       If the Product ordered by You is currently unavailable with us, then the amount paid for the same shall be refunded within 7 working days to the same bank account from which the payments were originally made.

9.2.         A free replacement cannot be created for an Item which was returned and replaced once earlier.

9.3.         Courier Pickup: A One Time Password (OTP) will be sent to the registered mobile Number once your Item is eligible for replacement. This OTP has to be shared with the third party courier pickup agent for validation. The Item will be picked up by the agent post OTP Validation. 

 

10.      Communications

When You visit Our Website or send Emails to Us, You are communicating with Us electronically. You will be required to provide a valid phone number while placing an order with Us. We may communicate with You by Email, Sms, phone call or by posting notices on the Website or by any other mode of communication. For contractual purposes, You consent to receive communications (including transactional, promotional and/or commercial messages), from Us with respect to Your use of the Website and / or Your order placed on the Website.

 

11.      Payment Gateway

11.1.      You may make payments for the order placed by You through the payment gateways available on the Website.

11.2.      In case the payment transaction fails, and the amount has been debited from Your account, You cannot claim any refund from Us for any such failed payments. You shall contact your respective banks, We shall not be held liable.

11.3.      You agree to provide the Debit/ credit card details for use of the aforesaid service(s), to be correct and accurate and that You shall not use a debit/ credit card that is not lawfully owned by You or the use of which is not authorised by the lawful owner thereof. You further agree and undertake to provide correct and valid debit/ credit card details.

11.4.      We do not store any details related to payments, including information details of the debit/ credit card numbers, CVV, etc.

11.5.      You may pay the required fees to Us (if required and applicable) by using a debit /credit card, online banking account, Wallets or UPI connected to your bank account(s). You warrant, agree and confirm that when You initiate a payment transaction and/or issues an online payment instruction and provides his/her card/bank details:

• You are fully and lawfully entitled to use such debit/ credit card, bank account for such transactions;
• You are responsible to ensure that the card/ bank account details provide by You are accurate;
• You authorise debit of the nominated card/ bank account for the payment of fees selected by You along with the applicable fees;
• You are responsible to ensure that sufficient credit is available on the nominated card/ bank account at the time of making the payment to permit the payment of the dues payable or fees dues selected by You inclusive of the applicable fee.

11.6.      If We are intimated by the acquiring bank or a card payment network that You have reported an unauthorised debit of the customers payment instrument (“Fraudulent Transactions”), then We shall be entitled to suspend the settlement of the amount associated with the fraudulent transaction during the pendency of the enquires/ investigations and resolution thereof by the acquiring bank or the card payment network.

 

12.      Discounts

12.1.      We provide special offers or promotion deals (hereinafter the ‘Discounts’) to all the registered users for limited Items in our Website. The Discounts shall be used by You and shall not be assigned or transferred to any other third parties. The Discounts shall be valid only during the Effective dates and subject to the conditions of the offer.

12.2.      We reserve the right to change the Discounts at any time in our sole discretion.

12.3.      Some of the Discounts may change as you receive deliveries over time. All the Discounts shall be utilised through the payment gateways available on the Website.

12.4.      The terms and conditions shall vary on the basis of the on-going offer, Product and other factors. For detailed terms and conditions on specific offers and discounts, kindly refer to the Website.

 

13.      Losses

13.1.      While using this site at any time the Customer shall not hold Us responsible for any business loss (including but not limited to loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss.

13.2.      In no event We shall be liable for any direct, indirect, incidental, consequential, special, exemplary, punitive or any other monetary or other damages, fees, fines, penalties, or liabilities arising out of or relating in any way to this Website or any of the sites accessed through this Website, and/or content or information provided herein.  We and/or our affiliates, assume no responsibility from any consequence relating directly or indirectly to any action or inaction of a user, based on the content available on the Website.  The User must evaluate and bear all risks associated with the use of any and all content / information on the Website, including any reliance on the accuracy, completeness or usefulness of such content / information.  The User’s sole and exclusive remedy for dissatisfaction with the Website is to stop using the Website.

 

14.      Alteration or Amendments to the Conditions of Use

We reserve the right to make changes to Our Website, policies and these Conditions of Use at any time without any prior notification and the revised version shall be available on the Website. You will be subject to the policies and Conditions of Use in force at the time that You use the Website or that You order goods from Us, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by You).  If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.

 

15.      Preservation/Disclosure

The Customer acknowledge, consent, and agree that the Company may access, preserve, and disclose his/her account information if required to do so by law or in a good faith belief that such access, preservation, or disclosure is reasonably necessary to:

• comply with legal process nationally or internationally; 
• enforce this Agreement;
• respond to claims that any Content violates the rights of third parties;
• protect the rights, property or personal safety of the Company, its users, and the public; or 
• pursuant to the terms of the Privacy Policy.

 

16.      Privacy Policy

16.1.      By using our Website, You agree to be bound by the terms of this Privacy Policy. By visiting our Website and/or by providing Your information, You consent to the collection and use of the information You disclose on the Website in accordance with this Privacy Policy, including but not limited to, your consent for sharing your information (“Personal Information”) as per this Privacy Policy. You acknowledge and agree that even if You are not a registered User with Us, We may collect information about You, if a registered User has provided Us with Your information to facilitate services.  If You do not agree to this Privacy Policy and/or to Our processing of Your data/information in the manner outlined in this Privacy Policy, please do not use this Website or submit any personal data to Us.

16.2.      Our Privacy Policy is subject to change at any time without notice.  To make sure You are aware of any changes, please review this Privacy Policy periodically. Your continued use of the Website following the posting of changes to this Privacy Policy will be deemed Your acceptance of those changes.  By using Our services or by otherwise giving us Your personal information, You agree to the terms of this Privacy Policy.

16.3.      Collection of Personal Information: We collect certain information about You to help us serve You better.  When using Our Website, Our server will collect the following information such as:

16.3.1.      Name, e-mail address and other profile data that may have chosen to provide on the Website.

16.3.2.      User ID information such as Your username, email address and other security-related information used by You in relation to access and use of Our Website and content.  However, the password of Your account automatically get saved in Our server when You create an account or register with the Website which shall not be accessed by the Company unless desired under any legal obligation.

• Your IP addresses.
• The webpages you are visiting on our Website.
• The browser you are using and its display settings.
• Your operating system.
• The date and duration of your visit.

16.4.      On receiving personal information about Our Users, You no longer remain anonymous to Us.  We may use this information to do internal research on our Users’ demographics, interests, and behaviour to better understand, protect and serve our Users. This information is compiled and analysed on an aggregated basis. We indicate fields that are mandatorily required to be filled and fields that are optional. The Users may decide whether or not to provide such information to Us.

16.5.      You can browse our Website without telling Us who You are or revealing any personal information about Yourself. We may automatically track certain information about You based on Your behavior on Our Website. This information may include the URL that You just came from (whether this URL is on our Application or not), which URL You next go to (whether this URL is on our Application or not), Your browser information, and Your IP address.

16.6.      On Our Website, We use data collection devices such as “cookies” on certain pages to help analyze our web page flow, measure promotional effectiveness, and promote trust and safety. “Cookies” are small files placed on your hard drive that assist Us in providing Our services.  We offer certain features that are only available through the use of a “cookie”.  You are always free to decline our cookies if Your browser permits, although in that case You may not be able to use certain features on the Application. Additionally, You may encounter “cookies” or other similar devices on certain pages of the Application that are placed by third parties. We do not control the use of cookies by third parties.

16.7.      Location Information: When You use the Website through the telecommunication device, We collect Your location data. If You permit the Website to access Your location through the permission system used by Your mobile operating system, We may also collect the precise location of Your device when the Website is running in the foreground or background. We may also derive Your approximate location from Your IP address.

16.8.      Use of Personal Information: The information collected by Us through the Website maybe used inter alia for the following purposes:

• To provide Our services to You.
• Internal record keeping.
• To improve Our Products and services.

16.9.      We may periodically send promotional e-mails or messages on the Website about special offers or other information which We think You may find interesting.

16.10.   We may use personal information to resolve disputes that may arise with the use of Our Services, help promote a safe service to all the Users of the Website, measure consumer interest in our services, customize your experience, detect, and protect Us against error, fraud, and other criminal activity, enforce Our terms and conditions.

16.11.   We identify and use Your IP address to help diagnose problems with Our server, and to administer Our Website. Your IP address is also used to help identify You and to gather broad demographic information.

16.12.   We do not sell, rent, trade or exchange any personally identifying information of Our Users.

16.13.   We may also use the Information that We collect to fulfill Your requests for Products, services, and information, which helps Us respond to Your customer service requests and support needs, more efficiently. For example, We may use Your contact information to respond to Your customer service requests or to enable You to participate in features on the Website such as surveys, polls, and message boards. We may also use information in the aggregate to understand how Our Users as a group use the services and resources provided on Our Website and use feedback You provide to improve Our Products and services.

16.14.   We may use the Information that We collect to send You e-mail communications, such as editorial updates, information about Your account or changes to the Application, newsletters, marketing and promotional messages about Our own or Our marketing partners' Products and services that may be of interest to You. It may also be used to respond to Your inquiries, questions, and/or other requests. 

16.15.   Sharing of Personal Information:

16.15.1.      We share Your information with payment service providers and regulatory authorities in the event of any request from such authorities.

16.15.2.      We co-operate with law enforcement and regulatory inquiries, as well as other third parties to enforce laws, such as intellectual property rights, fraud and other rights, to help protect You and the community. Therefore, in response to a verified request by any statutory authority including but not limited to law enforcement agency or other government officials relating to a criminal investigation or alleged illegal activity, We may (and You authorize Us to) disclose, as per the applicable laws, some of Your personal information as is reasonably necessary to respond /comply with the statutory mandate including but not limited to court orders, or other legal process. We may access, use, transfer or disclose Your Personal Information to third parties such as government or law enforcement authorities or private parties, if it is legally and statutorily required to do so under any of the following conditions:

• To satisfy any applicable law, rule, regulation, governmental requests or legal process.
• To protect and/or defend and/or enforce Our Privacy Policy for online services or other policies applicable to any online services in case of potential violations.
• To secure Our systems.
• To respond to claims that an advertisement, posting or other Content violates the rights of a third party.
• To protect the rights, property or personal safety of the Users and the public in general for any reason.
• To detect, prevent or otherwise address fraud, security or technical issues.
• To prevent or stop activity We may consider to be, or to pose a risk of being, an illegal, unethical, or legally actionable activity.

16.16.   In case of any illegal, ethical or legally actionable activity, We may use IP address or other device identifiers, to identify users, and may do so in cooperation with third parties such as internet service providers, wireless service providers and/or law enforcement agencies, including disclosing such information to third parties, all in Our discretion. Such disclosures may be carried out without notice to You. However, We shall not sell, share or rent the Users Personal Information to any third party or use any users e-mail id for sending any unsolicited mails.

16.17.   Protection of Information Collected by the Website:

• We take Our security responsibilities very seriously and take all reasonable technical and organizational measures to protect Your Information once We have received them. We use security measures consistent with current best practices to protect Our Website, email and mailing lists. These measures include technical, procedural, monitoring and tracking steps intended to safeguard data from misuse, unauthorized access or disclosure, loss, alteration or destruction.
• We also have physical, electronic, and procedural safeguards that comply with the laws prevalent in India to protect personal information about You and, accordingly, We take appropriate security measures to protect against unauthorized access, alteration, disclosure or destruction of Your personal information, username, password, transaction information and data stored on Our Website in compliance with the provisions of the Information Technology Act, 2000 and Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, to ensure the protection and preservation of Your privacy. In addition to the above, We, on best endeavor basis, try to limit access to personal information of Our users to only such users who We believe reasonably need to come into contact with that information to provide Products or services to You. However, no data transmissions over the internet can be guaranteed to be 100 percent secure. Consequently, We cannot ensure or warrant the security of any information You transmit to Us and You understand that any information that You share is done at Your own risk.

16.18.   Change in Personal Information: You are responsible for maintaining the accuracy of the Personal Information submitted at the time of login. If there are any changes in Your Personal Information details, You may correct or update the information. To do so, please log into Your account, and You will find options for editing the information You have submitted.

 

17.      Disclaimer:

17.1.      The Customer acknowledge and undertake that the Customer is accessing the services on the Website and transacting at his/her own risk and relying on the information, Products and services available on the Website and are using Your best and prudent judgment before entering into any transactions through the Website. The Customer further acknowledge and undertake that the Customer will use the Website to order Products only for the Customer’s personal use and not for business purposes.

17.2.      While We endeavour to provide the most accurate, up to date information, Products and services, the Website may contain inaccuracies, typographical errors, or outdated information. Moreover, We may make modifications or changes to this Website or the information on Products and services described in this Website at any time. We are not responsible for typographical or pricing errors on the Website.  We reserve the right to modify or cancel orders anytime including but not limited to the orders that contain incorrect prices or Product descriptions, orders in which We believe the customer has violated applicable law and orders that We believe are harmful to us or our affiliates. We also reserve the right to modify/limit the number of Items purchased or orders placed through this Website.

17.3.      While We have taken precautions to avoid inaccuracies in content, this website, information (including the price of Products), software, Products, services and related graphics are provided “as is”, without warranty of any kind.

 

18.      Indemnity and Release

18.1.      The Customer shall indemnify and hold Us harmless and Our respective officers, directors, agents and employees, from suing or being sued or any claim or demand, or actions, costs, expenses including reasonable attorney's fees, made against or by any third party or penalty imposed due to or arising out of the Customer’s  breach of these Conditions of Use, Privacy Policy or any document incorporated by reference or the Customer’s violation of any law, rules, regulations or the rights of a third party or the Customer’s use or access to the Website.

18.2.      The Customer expressly understand that under no circumstances, including, but not limited to, negligence, shall We be liable to the Customer or any other person or entity for any direct, indirect, incidental, special, or consequential damages, including, but not limited to damages for loss of profits, goodwill, use, data or other intangible losses, resulting from circumstances, including but not limited to: (i) unauthorized access to or alteration of Information; (ii) any unauthorized access to or use of Our secure servers and/or any and all Information stored therein, (iii) Your use of and access to the Website, (iv) Your violation of any Terms and the Privacy Policy contained herein, and (v) Your violation of any third party right, including without limitation any copyright, property, or privacy right.

 

19.      Force Majeure

We shall not be held liable for any failure to perform any term or condition of this Agreement on account of any circumstance beyond Our control, including but not limited to act of God, war, insurrection, riots, act of terrorism, acts or omissions of Governmental Authorities and Agencies, earthquake, strikes, epidemic, lockouts, flood, fire and explosion.

 

20.      Grievance Redressed Mechanism

For any complaints, issue or concerns with respect to any Products listed or any transactions made on the Website or if the Customer believes that his/her rights are violated by any information on the Website, the Customer should immediately inform the designated Grievance Officers mentioned below: 

 

Name:  Bala Murugan

Email ID: customerscare@mycocomama.com

Address:70-1,Devanallur, Chellampalayam post, Dharapuram TK, Tiruppur, Tamil Nadu, India – 638672

Phone No:  +91 99406 59222

 

21.      Waiver

If the Customer breach any of these conditions and We take no action, We will still be entitled to use Our rights and remedies at any future date as We deem fit.

 

22.      Governing law and Jurisdiction

These conditions are governed by and construed in accordance with the laws of India. The Customer agree to submit to the exclusive jurisdiction of the Courts at Tirupur.

 

23.      Third Party Links

Our Website may contain links to other apps or website owned by third parties (i.e., advertisers, affiliate partners, strategic partners, or others). We are not responsible for examining or evaluating, and we do not warrant the Products or offerings of, any of these businesses or individuals, or the accuracy of the content of their applications or websites. We do not assume any responsibility or liability for the actions, Product, and content of any such applications or websites. Before the Customer access or visit any third-party applications or websites, he/she should review the applicable terms of use and prevailing policies for such applications or websites.  If the Customer decide to access any such third-party platform, he/she may do so at his/her own risk.  We use third-party advertising companies to serve advertisements when the Customer visit our Website.  These companies may use information (not including the Customer’s name, address, email address, or telephone number) about the Customer’s visits to this and other platforms in order to provide advertisements about services of interest to the Customer.