Welcome to MomCare
The MomCare application (the "App") and the information, content, and services available through
it (the "Services") are provided under the MomCare name. In these Terms, "we", "us", and "our"
refer to the provider of the Services, and "you" or "User" refers to anyone using the App or
Services.
These terms of use set forth the terms and conditions ("Terms of Use") governing your use of
the App and the Services provided therein.
Your use of this App implies that you have read, understood and agreed to abide by the Terms
of Use. These Terms of Use read together with our Privacy Policy govern Your usage of the App.
If You disagree with any part of these Terms of Use, please do not use the App or avail any
services thereof.
These Terms of Use form a legal and binding agreement between the User and Us and is made
pursuant to the terms of the Information Technology Act, 2000 and is subject to the laws of
India.
These Terms of Use supersede all previous oral and written terms and conditions (if any)
communicated to you.
Web Site Intended Audience
You unequivocally declare that you are eighteen (18) years or above, and legally allowed to
enter into a contract in India.
Collection of fees
You understand that MomCare provides various Services through the App and the various social
media accounts maintained by it. While some of these Services are provided for free, there are
certain Services for which costs will be incurred by you, if you decide to avail such Services
("Paid Services"). MomCare may in such event provide billing services on behalf of the doctor or
health care professional. Should you wish to avail those Paid Services, you acknowledge that
MomCare will collect the payment for such Paid Services for and on behalf of the doctor or health
care professional providing such services. You acknowledge and confirm that MomCare shall not
be liable for the treatment or be treated as a health care provider on account of such collection
of the payments or for provision of Paid Services, for any reason whatsoever.
In-app Purchases
The App permits the purchase of virtual currency ("Virtual Money") and use of that Virtual
Money to purchase virtual items or services that We expressly make available for use in the App
("Virtual Goods"). Virtual Money and Virtual Currency shall hereinafter be collectively referred
to as "Virtual Items".
The Virtual Items can be earned through use of Our Services or ‘purchased’ with or by the
exchange of other Virtual Items, or with legal currency.
You agree that the Virtual Items only exist within Our Services and can never be exchanged for
real money, real goods or real services from us or anyone else. You do not own Virtual Items,
but instead you purchase a limited personal revocable license to use them. Any balance of
Virtual Items does not reflect any stored value.
We reserve the right to control, regulate, change grant, revoke or remove any Virtual Items
without any liability to you.
You are not entitled to bring any claims in respect of, and do not suffer any loss as a result of
any "loss" of or "damage" to your Virtual Items. To the fullest extent permitted by law, we will
not be liable to compensate you in respect of any matter whatsoever related to the Virtual
Items, including but not limited to any loss you allege to have suffered or any claims you allege
to be entitled to bring.
If we suspend or terminate your account in accordance with these Terms of Use, you will lose
any Virtual items that you may have, and we will not compensate you for this loss or make any
refund to you.
No Doctor - Patient Relationship
Please note that some of the content, text, data, graphics, images, information, suggestions,
guidance, and other material (collectively, "Information") that may be available on the App or
the Website operated by us accessible at www.MomCare.com (including information provided in
direct response to your questions or postings) may be provided by individuals in the medical
profession. The provision of such Information does not create a licensed medical
professional/patient relationship, between MomCare and you and does not constitute an opinion,
medical advice, or diagnosis or treatment of any particular condition, but is only provided to
assist you with locating appropriate medical care from a qualified practitioner. We make no
guarantees, representations or warranties, whether expressed or implied, with respect to
professional qualifications, quality of work, expertise or other information provided on the App.
We do not in any way endorse any individual described herein. In no event shall we be liable to
you or anyone else for any decision made or action taken by you in reliance on such
information.
Ownership and Intellectual Property Rights
All right to, title to, license and interest in the content available via the App, including but not
limited to Content posted by its end-users, the App look and feel, the designs, trademarks,
service marks, and trade names displayed on the App, are the property of MomCare or its
licensors, and are protected by copyrights, trademarks, patents, or other proprietary rights and
laws.
License to Use App and Services
MomCare grants you a nonexclusive, non-transferable, revocable, limited license to view, copy,
print, and distribute Content retrieved from the Web Site only for your personal,
non-commercial use, provided that you do not remove or obscure any copyright notice,
trademark notice, or other proprietary rights notices displayed on or in conjunction with the
Content. You may not use any Content available via the Web Site in any other manner or for any
other purpose without the prior written permission of MomCare. All rights not expressly granted
in this Agreement are expressly reserved to MomCare. Trademark Notices All trademarks, service
marks, logos and designs used on this Web Site, whether registered or unregistered, are owned
by MomCare or other third parties. You may not use or display any trademarks, service marks,
logos or designs owned by MomCare or its affiliates without our prior written consent.
User content, Comments, Feedback and other Submissions
If, at Our request, you send certain specific submissions (for example contest entries, videos,
photos or information) or without a request from us, you send creative ideas, suggestions,
proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise,
and/or make any submissions on the App and/or upload / publish any content through or on
the App or with respect to the Services including but not limited to photos, videos, audio, data,
data, information, new creations, etc. (collectively referred to as "Content"), you agree that we
may, at any time, without restriction, edit, copy, modify (including but not limited to placing Our
name logos, trademarks, copyright notices or other graphical elements to textual Content),
adapt, publish, distribute, translate and otherwise use in any medium any Content that you
upload / publish / publish or provide on the App and shall further have the right to restrict you
or any other user from accessing any Content (including Content submitted by you) at our sole
and absolute discretion. We are and shall be under no obligation (a) to maintain any Content in
confidence; (b) to pay compensation for any Content; or (c) to respond to any comments posted
in your Content. Please remember that if you post any information in areas of our App that are
generally accessible to other users, such as chat rooms and message boards, it will be available
to the public.
You may not use a false e-mail address, pretend to be someone other than Yourself, or
otherwise mislead Us or third parties as to the origin of any Content. You are solely responsible
for any and all Content you make/provide and their accuracy. We take no responsibility and
assume no liability for any comments posted by you or any third-party.
No Obligation to Pre-screen User Content
MomCare does not have any obligation to pre-screen, edit, or remove any Content provided by
users that is posted on or available through the App. However, MomCare will have the right in its
sole discretion and for any reason, to pre-screen, edit, refuse to accept, remove, or move any
such Content.
Exclusive License to MomCare
You are responsible for all Content that you submit, post, or otherwise make available to or
through the App. By doing so, you (1) represent and warrant to MomCare that such content is not
confidential or privileged and that you have all necessary permission to submit, post and
otherwise make available such Content; (2) grant to MomCare and its affiliates a worldwide,
EXCLUSIVE, perpetual, fully sub-licensable, royalty-free right and license to use, reproduce,
modify, adapt, publish, translate, create derivative works from, distribute (including, without
limitation, making available on-line, electronically transmitting or otherwise communicating to
the public), perform, and display such Content (in whole or part) worldwide via the App or its
website or otherwise through any means, medium or channel, and/or to incorporate it in other
works in any form, media, or technology now known or later developed; and (3) consent to all
relevant acts or omissions in relation to your moral rights in such Content which may or might
otherwise constitute a breach or infringement of those moral rights and to the extent permitted
by law, waive all your moral rights in such Content. You agree that the license and rights granted
by you to us hereinabove are exclusive and shall not be granted / extended to any third-party.
Restrictions on Submissions
You agree that you will not submit, post, or otherwise make available to or through the App or
any social media operated by us, any Content, that: (a) Is unlawful, harassing, defamatory,
abusive, threatening, obscene, harmful, tortuous, libelous, or invasive of another's privacy; (b)
Infringes or violates any party's copyright, trademark, trade secret, patent, or other proprietary
right; (c) Contains any worms, viruses, or other harmful, disruptive, or destructive files, code, or
programs; (d) Includes any unauthorized advertising, promotional materials, chain letters, spam,
junk mail, or any other type of unsolicited mass e- mail to people or entities that have not
agreed to be part of such mailings; or (e) You do not have the right to submit, post, disseminate,
or transmit.
Prohibited Uses
In addition to other prohibitions as set forth above, In addition to other prohibitions as set forth
in the Terms of Use, you are prohibited from using the App or the Services: (a) for any unlawful
purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any
international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to
infringe upon or violate our intellectual property rights or the intellectual property rights of
others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate
based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
(f) to submit false or misleading information; (g) to upload or transmit viruses or any other type
of malicious code that will or may be used in any way that will affect the functionality or
operation of the Service or of any related website, other websites, or the Internet; (h) to collect
or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or
scrape or automate; (j) for any obscene or immoral purpose; (k) to interfere with or circumvent
the security features of the Service or any related website, other websites, or the Internet; or (l)
to allow or permit any third-party to collect any data, information or Content from the App or
the Services. We reserve the right to terminate Your use of the Service, App or any related
website for violating any of the prohibited uses.
Indemnity
You agree to indemnify, save, and hold us, our affiliates, contractors, employees, officers,
directors, agents and its third party associates, licensors, and partners harmless from any and all
claims, demands, losses, damages, and liabilities, costs and expenses, including without
limitation legal fees and expenses, arising out of or related to the Content provided by you
and/or your use or misuse of the Services or or App and/or any violation by you of these Terms
of Use, or any breach of the representations, warranties, and covenants made by you herein or
your infringement of any intellectual property or other right of any person or entity, or as a
result of any threatening, libelous, obscene, harassing or offensive material / Content posted/
transmitted by You on / through the App. We reserve the right, at your expense, to assume the
exclusive defense and control of any matter for which you are required to indemnify us,
including the rights to settle, and you agree to cooperate with our defense and settlement of
these claims. We will use reasonable efforts to notify You of any claim, action, or proceeding
brought by a third party that is subject to the foregoing indemnification upon becoming aware
of it. This paragraph shall survive termination of this Terms of Use.
Complaints about Content / App / Services
For complaints about content, unlawful activity, or the Services, please contact Aman at
admin@matrrverse.com or 9136611860. Address: A601, Concept Unnati Plot, No.69A Sector 21, Kharghar, Raigarh(MH), Panvel, Maharashtra, India, 410210
Advertisers/ Third Party Links on the App
We accept no responsibility for advertisements contained within the App or any part thereof.
We have no control over and accepts no responsibility for the content of any website or mobile
application to which a link from the App or any part thereof exists. Such linked websites and
mobile applications are provided "as is" for solely your convenience with no warranty, express
or implied, for the information provided within them or the veracity thereof.
Disclaimer
MomCare cannot guarantee, and is not responsible for the accuracy, completeness, or timeliness
of any content, whether provided by MomCare, its suppliers or by users of the App. The content
available via the App is provided with the understanding that neither MomCare nor its suppliers or
users are engaged in rendering medical, counselling, legal, or other professional services or
advice. Services are not intended as medical or healthcare advice or a substitute of the same, or
to be used for medical diagnosis or treatment, for any individual problem. It is also not intended
as a substitute for professional advice and services from a qualified healthcare provider familiar
with your unique facts. Always seek the advice of your physician or other qualified healthcare
provider regarding any medical condition and before starting any new treatment. YOUR USE OF
THE WEBSITE/APP IS ALSO SUBJECT TO THE ADDITIONAL DISCLAIMERS AND CAVEATS IN THAT
MAY APPEAR THROUGHOUT THE APP.
YOUR USE OF THE SERVICE AND ALL INFORMATION, PRODUCTS AND CONTENT (INCLUDING
THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SERVICE IS AT YOUR SOLE
RISK. THE SERVICE AND APP IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE
EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND AS TO THE SERVICE AND ALL
INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES)
INCLUDED IN OR ACCESSIBLE FROM THE SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NONINFRINGEMENT. WE FURTHER MAKES NO WARRANTY THAT: (i)
THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED,
TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF
THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES,
INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE
SERVICE WILL MEET YOUR EXPECTATIONS, OR (V) ANY ERRORS IN THE TECHNOLOGY WILL BE
CORRECTED AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER
SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO
ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OR
THROUGH THE APP / SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE
TERMS.
Limitations of Liability
MomCare and its affiliates assume no responsibility for any consequence relating directly or
indirectly to any action or inaction you take based on the content available via the App or any
Content that you publish on the App. You must evaluate, and bear all risks associated with, the
use of any content, including any reliance on the accuracy, completeness, or usefulness of such
content / Content. Additionally, in no event will MomCare or its affiliates be liable for any special,
indirect, incidental, punitive, or consequential damages, including, without limitation, any loss
of use, loss of profits, loss of data, cost of procurement of substitute services, or any other such
damages, howsoever caused, and on any theory of liability, whether for breach of contract, tort
(including negligence and strict liability), or otherwise.
Monitoring of the App
MomCare always has the right and liberty to monitor the App or any part thereof. The monitoring
of the App is important to determine the veracity of the information provided by You and that
every User remains in consonance with the Terms of Use provided herein.
Service Suspension
MomCare may wish to stop providing the App, Services or any part thereof and may terminate
access to it at any time without giving notice of termination to you. Unless we inform you, upon
any termination, (a) the rights and licenses granted to you will cease; and (b) User must stop
using the App or any part thereof forthwith. We reserve the right to suspend or cease providing
any Service / the App without notice and shall have no liability or responsibility to you in any
manner whatsoever.
Payments for Digital Products/Programs
Some of the Content made available on the App can be availed only by subscribed users
("Premium User") who opt to subscribe for such Content using one or more Payment
Method(s). To become a Premium User, you may be required to provide certain personal
information to MomCare and may be required to make payments of the applicable charges
("Premium Charges") through a debit card, credit card, internet banking or through, e- prepaid
wallet or other payment method accepted by MomCare ("Payment Method(s)") that you opted for
during subscription. MomCare will be using third party payment gateways to process and facilitate
the payment of your Premium Charges.
MomCare shall have the discretion to make Content available to you on not more than one end
user device concurrently.
Any personal data whether provided by you as a part of the payments process, or collected
automatically when you use the Service will be governed by MomCare’s Privacy Policy.
You also understand and acknowledge that MomCare only facilitates the third-party payment
gateway for processing of payments. This facility is managed by the third-party payment
gateway provider and you are required to follow all the terms and conditions of such third-party
payment gateway provider.
You are responsible for the accuracy and authenticity of the payment information provided by
you, including the bank account number/credit card details and any other information
requested during the payment process. You represent and warrant that you have the right to
use any credit card or other payment information that you submit. You agree and acknowledge
that MomCare shall not be liable and in no way be held responsible for any losses whatsoever,
whether direct, indirect, incidental or consequential, including without limitation any losses due
to delay in processing of payment instruction or any credit card fraud.
You can file any complaint related to payment processing on the Site and the same will be
forwarded to the concerned third-party payment gateway provider for redressal.
Upon subscription payment being received by MomCare through any of the Payment Methods,
MomCare shall make the relevant Content available to you through any of the approved modes of
delivery that MomCare adopts.
MomCare reserves the right to change, terminate or otherwise amend the Subscription pricing, at
its sole discretion and at any time. Such amendments shall be effective upon posting on the Site
and your continued use of the Service shall be deemed to be your conclusive acceptance of
such amendments
MomCare reserves the right to change, supplement, alter or remove any of the Content as it
deems fit. MomCare does not guarantee the availability of specific Content or a minimum Content
Shipping, Returns and Refunds policy for Digital Products/Programs and Mom &
Baby Products
To the extent permitted by applicable law, subscription payments are non-refundable and we do
not provide refunds or credits for any partial subscription period or unused Content. Please visit
the ‘My Profile’ section to cancel your subscription at any time. Since our Content is provided
digitally, the same is deemed to be delivered or ‘used’ when you avail of a subscription. We do
not offer shipping or returns on our Content.
For products, we typically dispatch all orders within 48 hours of receipt, excluding Sundays and
public holidays. All purchases are shipped from our warehouse by reputed courier partners.
Please allow us 5-7 days from receipt of your order for delivery. For any queries reach out to us
on admin@matrrverse.com or call us at 9136611860. Address: A601, Concept Unnati Plot, No.69A Sector 21, Kharghar, Raigarh(MH), Panvel, Maharashtra, India, 410210
Shipping fee may be added at checkout as applicable. The delivery time will vary depending on
the destination.
For more information on returns and refunds, refer to this link
Contact Us
For questions, support, complaints, or grievances relating to these Terms or the App, contact:
Contact Person: MomCare
Email: admin@matrrverse.com
Phone: 9136611860
Address: A601, Concept Unnati Plot, No.69A Sector 21, Kharghar, Raigarh(MH), Panvel, Maharashtra, India, 410210