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Terms

IMPORTANT LEGAL NOTICE

This page tells you the terms and conditions on which we provide our services ("Website Terms"). Please read these Website Terms carefully before ordering any products from our Website. You should understand that by ordering products via the Website, you agree to be bound by these Website Terms.

Please click on the button marked "I Accept" at the end of these Website Terms if you accept them. Please understand that if you refuse to accept these Website Terms, you will not be able to order any products from our Website.

INTRODUCTION AND OUR ROLE
  1. Momscurry is a Private Limited firm in India and with our registered office at #2124A, 6th Cross, 15th Main, HAL 3rd stage, Bangalore
  2. MOMSCURRY provides you an opportunity to order home-made food from various chefs listed on our site.
  3. Customer care is extremely important to MOMSCURRY, therefore, in the event that you are dissatisfied with the quality of food ordered through this website, subject to terms below, MOMSCURRY will assist you, where possible, in seeking a refund from the chef to a maximum amount equivalent to the value of the original order. Please note that any complaint must be lodged with our customer care team using the method described above within 12 hours of receiving the delivery.
  4. You may access some areas of this Website without making any order, and registering your details with us. Most areas of this Website are open to everyone.
  5. By accessing any part of this Website, you indicate that you accept these Website Terms. If you do not accept these Website Terms, you must leave this Website immediately.
  6. MOMSCURRY may revise these Website Terms at any time. You should check this Website regularly to review the current Website Terms, because they are binding on you. You will be subject to the policies and terms and conditions in force at the time that you order products from us.
  7. You are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access the Website through your Internet connection are aware of these Website Terms and that they comply with them.

HOW TO SUBSCRIBE AND HOW IT IS PROCESSED
  1. Once you have selected your meal plan from the menu, you will have to submit your order. Please note it is important that you check the information that you enter and correct any errors if any.
  2. On receipt of your payment, MOMSCURRY will begin processing your order and we will send you notification by email that payment has been received and that your order is being processed.
  3. Where any payment you make is not authorised, you will be returned to the previous page on the Website and we shall not be obliged to provide the services.
  4. Please note that once you have made your order and your payment has been authorized you will not be able to cancel your order nor will you be entitled to a refund.
  5. Please note that from time to time there may be delays with processing payments and transactions, on occasion this can take up to sixty (60) days to be deducted from your bank account.
PRICE AND PAYMENT
  1. Prices will be as quoted on this Website. These prices include VAT but may exclude delivery costs & special packaging which will be added to the total amount due, where applicable.
  2. This Website contains a large number of menus and it is always possible that some of the menus may be incorrectly priced. If the correct price for an order is higher than the price stated on the Website MOMSCURRY will normally contact you before the order in question is dispatched. If you don’t wish to pay extra, you can cancel the order and MOMSCURRY will refund you the entire order value. MOMSCURRY is under no obligation to ensure that the order is provided to you at the incorrect lower price or to compensate you in respect of incorrect pricing.
  3. Payment for all orders must be by credit, debit card or Net Banking as stated on this Website.
  4. A discount may apply to your order if you use a promotional code recognized by this Website and endorsed by MOMSCURRY.
  5. Please note that from time to time there may be delays with processing payments and transactions, on occasion this can take up to sixty (60) days to be deducted from your bank account or credit card.
ORDER CANCELLATION
  1. There is no guarantee for food delivery at a particular time or time slot. In the event of customer cancelling the order or not accepting the order due to delay in food delivery, no refund will be processed by MOMSCURRY.
  2. Due to unforeseen circumstances i.e. bad weather etc, if we are unable to deliver the food at your address, you will not be charged for the order.
LICENCE

You are permitted to print and download extracts from this Website for your own personal use on the following basis:
  1. Unless otherwise stated, the copyright and other intellectual property rights in this Website and in material published on it (including without limitation photographs and graphical images) are owned MOMSCURRY or MOMSCURRY's licensors. These works are protected by copyright laws and treaties around the world and all rights are reserved. For the purposes of these Website Terms, any use of extracts from this Website other than in accordance with paragraph 4.1 is prohibited.
  2. You must not modify the digital or paper copies of any materials that you print off in accordance with paragraph 4.1 and you must not use any pictures, photographs or any other graphics, video or audio sequences separately from any accompanying text.
  3. You must ensure that MOMSCURRY's status as the authors of the material on this Website must always be acknowledged.
  4. You are not allowed to use any of the materials on this Website or the Website itself for commercial purposes without obtaining a licence from MOMSCURRY to do so
  5. Except as stated above, no part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.
  6. Any rights not expressly granted in these Website Terms are reserved.
SERVICE ACCESS
  1. While MOMSCURRY tries to ensure this Website is normally available twenty four (24) hours a day, MOMSCURRY will not be liable if this Website is unavailable at any time or for any period.
  2. Access to this Website may be suspended temporarily and without notice.
  3. Unfortunately, the transmission of information via the internet is not completely secure. Although we will take steps to protect your information, we cannot guarantee the security of your data transmitted to the Website; any transmission is at your own risk.
VISITOR MATERIAL AND CONDUCT
  1. Other than personally identifiable information, which is covered under the MOMSCURRY Privacy Policy, any material you transmit or post to this Website will be considered non-confidential and non-proprietary. MOMSCURRY will have no obligations with respect to such material.
  2. You are prohibited from posting, uploading or transmitting to or from this Website any material that:
    1. breaches any applicable local, national or international law;
    2. is unlawful or fraudulent;
    3. amounts to unauthorised advertising; or
    4. contains viruses or any other harmful programs.
  3. You may not misuse the Website (including by hacking).
  4. Any comments or feedback that you submit through the Website must not:
    1. contain any defamatory, obscene or offensive material;
    2. promote violence or discrimination;
    3. infringe the intellectual property rights of another person;
    4. breach any legal duty owed to a third party (such as a duty of confidence);
    5. promote illegal activity or invade another's privacy;
    6. give the impression that they originate from us; or
    7. be used to impersonate another person or to misrepresent your affiliation with another person.
  5. The prohibited acts listed in paragraphs above are non-exhaustive. You will pay MOMSCURRY for all costs and damages which it incurs as a result of you breaching any of these restrictions.
  6. MOMSCURRY will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or location of anyone posting any material in breach of above paragraph.
LINKS TO AND FROM OTHER WEBSITES
  1. Links to third party websites on this Website are provided solely for your convenience. If you use these links, you leave this Website. MOMSCURRY has not reviewed all of these third party websites and does not control (and is not responsible for these websites or their content or availability). MOMSCURRY does not endorse or make any representation about them, the material on them, or the results from using them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk.
  2. You may link to this Website homepage, provided that you do so in a fair and legal way which does not damage MOMSCURRY's reputation or take advantage of it.
  3. You must not establish a link from a website that is not owned by you or in a way that suggests a form of association with or endorsement by MOMSCURRY where none exists.
  4. The website from which you link must comply with the content standards set out in these Website Terms.
  5. MOMSCURRY has the right to withdraw the linking permission at any time.
DISCLAIMER
  1. While MOMSCURRY tries to ensure that information on this Website is correct, we do not promise it is accurate or complete. MOMSCURRY may make changes to the material on this Website, or to the services and prices described in it, at any time without notice. The material on this Website may be out of date, and MOMSCURRY makes no commitment to update that material. In particular, we do not promise that the information provided by the Chefs and displayed on this Website such as the menus, pricing and estimated times for deliveries and collections is correct or up to date.
  2. Momscurry may vary these Terms and Conditions at any time without notice.
  3. MOMSCURRY provide you with access to this Website and our services on the basis that, to the maximum extent permitted by law, we exclude all representations, warranties, conditions and other terms (including any conditions implied by law which but for these Website Terms might apply in relation to this Website and the services that we provide).
  4. You are responsible for the security of your password that you used to register with this Website. Unless MOMSCURRY negligently discloses your password to a third party, MOMSCURRY will not be liable for any unauthorised transaction entered into using your name and password.
  5. PLEASE NOTE: Whilst MOMSCURRY goes to great effort to provide accurate information, item names, descriptions, prices, heat & allergenic warnings on this website, the menus are ultimately provided by the chefs. If you are in doubt about allergy warnings or contents of a dish, it is best to confirm with us prior to ordering
TERMINATION
  1. MOMSCURRY may terminate or suspend (at our absolute discretion) your right to use this Website and your use of the services immediately by notifying you in writing (including by email) if:
    1. MOMSCURRY believes you have posted material in breach of paragraphs 6.2, 6.3 or 6.4 (Visitor Material and Conduct);
    2. MOMSCURRY believes that you have breached paragraphs 7.2, 7.3 or 7.4 (Links to and from other websites); or
    3. If you breach any other material terms of these Website Terms.
  2. Upon termination or suspension you must immediately destroy any downloaded or printed extracts from this Website.
LIABILITY
  1. MOMSCURRY, and any of our group companies and the officers, proprietor, employees, or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, or loss or damages arising from or connected in any way to business interruption, loss of opportunity, loss of anticipated savings, wasted management or office time and whether in tort (including negligence), contract or otherwise, even if forseeable) in connection with our services, this Website or in connection with the use, inability to use or the results of use of this Website, any websites linked to this Website or the material on these websites.
  2. MOMSCURRY takes full responsibility for the content of this Website and for the communication of orders to the chefs as set out in these Website Terms. MOMSCURRY's customer care team will, subject to your compliance with these Website Terms and cooperation, use all reasonable endeavors to resolve any issues arising from the submission of orders via this Website including the processing of all credit or debit card refunds and chargebacks where appropriate. However, please note that the legal contract for the supply and purchase of food and beverages is between you and the chef that you place your order with. MOMSCURRY cannot give any undertaking that the food and beverages ordered from the chefs through this Website will be of satisfactory quality and any such warranties are disclaimed by MOMSCURRY. Neither can MOMSCURRY give an undertaking that the estimated delivery and collection times stated on this Website are accurate. These disclaimers do not affect your statutory rights against the chefs.
  3. Nothing in these Website Terms excludes or limits our liability for death or personal injury arising from MOMSCURRY's negligence, nor MOMSCURRY's liability for fraudulent misrepresentation, nor any other liability which cannot be excluded or limited under applicable law. Nothing in these Website Terms affects your statutory rights.
  4. With the exception of any liability referred to in paragraph 10.3 above, MOMSCURRY's total liability to you in relation to your use of the Website and the services that we provide including (but not limited) to liability for breach of these Website Terms and tort (including but not limited to negligence) is limited to an amount equivalent to twice the value of your order or seven thousand one hundred and sixty Indian rupees, whichever is the lower.
  5. If your use of material on this Website results in the need for servicing, repair or correction of equipment, software or data, you assume all associated costs.
GOVERNING LAW AND JURISDICTION

These Website Terms shall be governed by and construed in accordance with Indian law. Disputes arising in connection with these Website Terms (including non-contractual disputes) shall be subject to the exclusive jurisdiction of the courts of Bangalore (India).

ADDITIONAL TERMS
  1. We are committed to protecting your privacy and security. All personal data that we collect from you will be processed in accordance with our Privacy Policy. You should review our Privacy Policy, which is incorporated into these Website terms by this reference and is available.
  2. If any provision or part of a provision of these Website Terms is found by any court or authority of competent jurisdiction to be unlawful, otherwise invalid or unenforceable, such provisions or part provisions will be struck out of these Website Terms and the remainder of these Website Terms will apply as if the offending provision or part provision had never been agreed.
  3. Any failure or delay by you or us in enforcing (in whole or in part) any provision of these Website Terms will not be interpreted as a waiver of your or our rights or remedies.
  4. You may not transfer any of your rights or obligations under these Website Terms without our prior written consent. We may transfer any of our rights or obligations under these Website Terms without your prior written consent to any business that we enter into a joint venture with, purchase or are sold to.
  5. The headings in these Website Terms are included for convenience only and shall not affect their interpretation.

YOUR STATUS
  1. By placing an order through our Website, you warrant that
    1. You are legally capable of entering into binding contracts; and
    2. You are at least 18 years old.

WRITTEN COMMUNICATIONS

Applicable laws require that some of the information or communications we send to you should be in writing. When using the Website, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

EVENTS OUTSIDE OUR CONTROL
  1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by events outside our reasonable control (Force Majeure Event).
  2. A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
    1. strikes, lock-outs or other industrial action;
    2. civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
    3. fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
    4. impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
    5. impossibility of the use of public or private telecommunications networks; and
    6. the acts, decrees, legislation, regulations or restrictions of any government.
  3. Our performance under any contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the contract may be performed despite the Force Majeure Event.

SEVERABILITY
If any of these terms and conditions are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

ENTIRE AGREEMENT

These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any contract.

VOUCHERS
  1. Vouchers are not transferable or exchangeable for cash.
  2. Vouchers can be redeemed against online orders only that are paid by credit/debit card only.
  3. Please note that change is not given should your order value be less than the face value of the voucher.
  4. Limited to one voucher per transaction, you can use your vouchers to claim money off the basket total of your order at the checkout.
  5. In the event of 2,000 redemptions made per voucher code, the voucher will automatically expire regardless of the expiry date.
  6. MOMSCURRY reserve the right, at any time and in its sole discretion, to add additional terms and conditions in relation to the voucher code.
  7. All standard terms & conditions apply