- This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
- Please read the following terms and conditions very carefully as your use of service is subject to your acceptance of and compliance with the following terms and conditions.
- 1.General Information
ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT, SO PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PROCEEDING.
All products/services and information displayed on FirstCry.com constitute an "invitation to offer". Your order for purchase constitutes your "offer" which shall be subject to the terms and conditions as listed below. FirstCry.com reserves the right to accept or reject your offer. If you have supplied us with your valid email address, we will notify you by email as soon as possible to confirm receipt of your order and email you again to confirm details and therefore process the order. Our acceptance of your order will take place upon dispatch of the product(s) ordered. No act or omission of FirstCry.com prior to the actual dispatch of the product(s) ordered will constitute acceptance of your offer.
Membership Eligibility:Use of the Site is available only to persons who can form legally binding contracts under applicable law. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including un-discharged insolvents etc. are not eligible to use the Site. You may use this site only if your age is over 18 years. FirstCry.com reserves the right to terminate your membership and refuse to provide you with access to the Site if FirstCry.com discovers that you are under the age of 18 years. In case of a business entity, you represent that you have the necessary authority to bind the entity to this User Agreement. Unless otherwise specified, the materials on this website are directed solely at those who access this website from India. FirstCry.com makes no representation that any products or services referred to in the materials on this website are appropriate for use, or available outside India. Those who choose to access this Site from outside India are responsible for compliance with local laws if and to the extent local laws are applicable. FirstCry.com will deliver the products only within India and will not be liable for any claims relating to any products ordered from outside India. Unless otherwise stated as additional terms and conditions which are product specific, these terms and conditions supersede all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with any other terms of any order submitted. By using the services of FirstCry.com you agree to be bound by the Terms and Conditions.
- 2.Account and Registration
It is the user’s responsibility to keep the details of the account and password confidential and you agree to accept responsibility for all activities that occur under Your Account or Password. FirstCry.com shall not be liable to any person for any loss or damage which may arise as a result of any failure by the user to protect the account details or the password. In case of any suspected breach please contact us immediately. If FirstCry.com has reason to believe that there is likely to be a breach of security or misuse of the FirstCry.com Site, we may require you to change your password or we may suspend your account without any liability to FirstCry.com.
You also agree to:
1. Provide true, accurate, current and complete information about yourself as prompted by FirstCry website during the registration process (such information being the "Registration Data")
2. Maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, incomplete, or not current or if FirstCry.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or not in accordance with the User Agreement, FirstCry.com will have the right to indefinitely suspend or terminate your membership and refuse to provide you with access to the Site.
- 3.Pricing, Promotions & Coupon Codes
While FirstCry.com shall endeavour to provide accurate product and pricing information, yet typographical errors might occur. FirstCry.com cannot confirm the price of a product until after you order. In the event that a product is listed at an incorrect price or with incorrect information due to an error in pricing or product information, FirstCry.com shall have the right, at its sole discretion, to refuse or cancel orders at any stage prior to delivery. In case, any kind of fraudulent activity is detected, FirstCry.com can recover its dues, if any, from User’s successive orders. In the event that an item is mis-priced, FirstCry.com may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Unless the product ordered by you has been dispatched, your offer will not be deemed accepted and FirstCry.com will have the right to modify the price of the product and contact you for further instructions using the e-mail address provided by you during the time of registration, or cancel the order and notify you of such cancellation. In the event that FirstCry.com accepts your order the same shall be debited to your credit card account and duly notified to you by email that the payment has been processed. The payment may be processed prior to FirstCry.com dispatch of the product that you have ordered. If we have to cancel the order after we have processed the payment, the said amount will be reversed back to your credit card account.Prices of the products at the FirstCry stores and on FirstCry.com (site and Apps) may differApplicability of GST:
All discount coupons and/or cash back offers includes an applicable component of GST benefits being passed on to customers.
Following rules will govern whether or not GST will be applicable on the products purchased on discount by you:
1. Quantum of GST to be borne over and above the discounted price depends upon category to category and the prevailing discount on those products.
2. GST applicability:
Discount less than 19%
In case of product having discount of less than 19%, full applicable GST shall be borne by the Company.
Discount 19% and above
a) In case of product having GST of 5% or 12%, GST shall be paid by the Customer over and above the discounted price.
b) In case of product having GST 18% and above, 50% of the applicable GST shall be charged from the Customer over and above discounted price.
An illustration depicting the applicability of GST on the products purchased on discount is given below:
Discount below 19% Discount 19% and above GST Rates 5% 12% 18% 28% 5% 12% 18% 28% Discount 18% 18% 18% 18% 20% 20% 20% 20% MRP 100 100 100 100 100 100 100 100 Less:Discount 18 18 18 18 20 20 20 20 Price After
82 82 82 82 80 80 80 80 GST 0 0 0 0 4 9.6 7.2 11.2 Net Price
82 82 82 82 84 89.6 87.2 91.2
Applicable GST collected on the discounted price is duly deposited with the respective GST Authorities having jurisdiction or adjusted as per the applicable GST Act and Rules
Price after discount in no way should be treated as the revised MRP. Discount % shown on MRP is only for the purpose of calculation of Discount amount and GST is charged as per the explanation given above.
3.For the purpose of invoicing on the Website, Discounts shall include Coupons, Cashbacks, Cart offers, Promotional offers or any other offer which results into reduction in the regular MRP.
4.For any discounted product, the GST charged will be displayed in the Cart.
5.In case a Customer avails discount through Coupons, GST, if any, on a transaction will be applicable only upon confirmation of the Coupon and the GST amount will be visible directly on the check – out page.
6.The amount of taxes shown at the cart level is a mere estimate. The actual GST rate may vary depending upon the SGST prescribed by the respective state.
All Discount coupons and/or cash back offers includes an applicable component of GST benefits being passed on to customers.
Kerala Flood Cess
As per the Notification No. S.R.O. 436/2019 dated 29/06/2019 issued by the Government of Kerala, Kerala Flood Cess (“KFC”) shall be applicable on sale of products to customers in Kerala w.e.f. 1st August, 2019 for a period of two years. KFC is imposed @ 1% on the value of sale of goods or services or both as recommended by the Government of Kerala.
Promotion Offers:For any returned or undelivered orders, partial or whole, the user will not be eligible to avail of the offer used to purchase the original order. The benefit of the offer would also not be included in the refund provided. If the product(s) returned are part of any free offer, Eg: Buy 2 get 1 free or Buy 1 get 1 free, all the products related to the offer would have to be returned by you, as they have been purchased as part of a group offer. The refund/replacement process would only be initiated once all the products have been returned.
From time to time, we may provide a free sample or gift along with our orders which are eligible for the offer. These samples/gifts will not be eligible for return/replacement/refund under any circumstances.
Coupon Codes & Cart Offers:To offer special discounts to our users from time to time, we share coupon codes based discounts. To prevent any possible misuses we have put in place a few checks on the ways in which these coupon codes can be used. To make the best use of the coupon code offers, please go through the following terms and conditions applicable on all coupon codes
1. Coupon Codes & Cart Offers based offer will be valid upon application of the coupon code at the time of placing order.
2. Coupon Codes & Cart Offers will be valid till the date communicated or till stocks last on the applicable products, whichever happens earlier.
3. Coupon Codes & Cart Offers will not be valid on Diapers, Combos, Women’s Hygiene, Formula and Supplements, Beverages and Juices, Bottles & Accessories and on the brands Meemee (only babygear range), Joie, Dabur, Johnson's Baby, Dettol, Bella, Hamdard, Duracell, Complan, Ryca, Fancy Fluff, Dermadew, Tango, Nestle, Protinex, PediaSure, Figaro, Motorola, Melissa & Doug, Horlicks, Foscam, Alex Daisy, Bio Oil, Jane, Vaux, SeTracker, DMR, Miniwash, Masilo-Linen For Littles, Shesha, Naturals, IFITech. unless otherwise mentioned.
4. A Coupon Codes & Cart Offers can be used only once per user per household unless otherwise mentioned.
5. A Coupon Codes & Cart Offers cannot be clubbed with any other coupon code or with any other offer including offers running on the site without using coupons.
6. A coupon will provide the stated discount of the coupon code or the discount already stated on the product whichever is higher unless otherwise mentioned.
7. Coupon codes shared individually with a user will be applicable on purchase made by that particular user only.
8. The website reserves the right to change the terms and conditions of any coupon code any time without prior intimation.
9. Shipping / Cash on delivery rules and charges apply on the net amount payable upon application of the coupon code unless otherwise mentioned.
10. Cashback coupons are valid for next purchase as per the conditions mentioned with the Cashback offer.
11. The Cash Coupons added to an account can be changed/updated at any point of time by Brainbees Solutions Pvt. Ltd. without any prior intimation. These changes could be made from time to time even before the valid expiry date of the existing Cash Coupons.
12. Most offers are applicable at the FirstCry.com stores. For details please contact the store near you.
13.For any Coupon code, Cashback code, Gift Certificate redemption which are applicable at a FirstCry store, the customer needs to share the code details with the store person before making the purchase.
14.Offer valid only on the listed Sizes & Colours of the products featured on the page.
Cashback Offers are run from time to time to award users for their purchase from FirstCry.com. The terms and conditions applicable with these Cashback offers are as below
• The Cashback amount, the purchase conditions and the product range on which the Cashback offer is valid will be as specified along with the Cashback offer
• The Cashback amount will be received by the user as a coupon through a Cashback email. The Cashback coupon would be received by you up to 10 days after the delivery of the order. Eg: If your order has been delivered on 3rd September, you would be receiving the Cashback coupon on mail latest by 13th September.
• Cashback will not be earned on purchases from the categories Bottles & Accessories, and Formula & Supplements.
• Cashback will not be provided for any product(s) which have either not been delivered to you or which has been returned by you. In the event of any replacement provided to you, the replacement product value will not be added to the cashback calculations available to you to redeem on site.
• Redemption of the Cashback coupon will not be applicable on Baby Diapers, Formula & Supplements, Bottles & Accessories, World Food, Beauty & Personal Care, Super Savers and Gift Packs categories as well as on the brands Meemee (only babygear range), Joie, Dabur, Johnson's Baby, Dettol, Bella, Hamdard, Duracell, Complan, Ryca, Fancy Fluff, Dermadew, Tango, Nestle, Protinex, PediaSure, Figaro, Motorola, Melissa & Doug, Horlicks, Foscam, Alex Daisy, Bio Oil, Jane, Vaux, SeTracker, DMR, Miniwash, Masilo-Linen For Littles, Shesha, Naturals, IFITech. unless otherwise mentioned.
• The maximum Cashback given out is Rs. 250 and is applicable on the MRP of the product, unless mentioned otherwise
• The Cashback coupon can be used till the date of validity as specified in the Cashback email
• The company reserves the right to change the terms and conditions of the Cashback offers without prior intimation
• The Cashback is not applicable on cancelled orders
The terms and conditions applicable for Gift Certificate are as below
• Gift certificate Delivered via email.
• The Gift Certificate can be used against your purchase on FirstCry.com.
• Customers must open a free account at FirstCry.com to redeem his or her gift certificate.
• Every gift certificate has a unique code. To redeem the gift certificate, enter this code in your shopping cart.
• Both a gift certificate and credit card may be used to pay for your order. If both are used, we will charge the gift card first and the remaining balance will be charged to your credit card.
• Unused gift certificates may not be redeemed for cash.
• Gift certificates are not replaceable if lost or stolen.
• Gift certificates value can be redeemed in multiple purchases.
• Gift certificates can be redeemed within a period of one year from the date of purchase.
• Gift certificates may only be redeemed for orders shipped in India.
• Gift certificates may only be redeemed through Recipient's Email Address
• Gift Certificate cannot be purchased through Cheque/Cash on Delivery/Loyalty Cash.
• Gift wrap option is available only on selected products. You can choose to gift wrap the selected products in your order by selecting "ADD GIFT WRAP@ Rs. 30" in "CheckOut Cart" tab at the time of checkout. The gift wrap will also include a personalized message.
• The external Gift Packaging will not include any pricing, discount or payment information. However, the original product tag with the MRP will be intact on the products inside the package.
• Discounts and Coupons are not applicable on the gift wrap charge.
• Please note that in case you return your order, the gift wrap charges will not be credited back.
Event Name: Buy 2 Get 1 free on Himalaya Baby Select Products
Duration: 13th December 2020 - 31st January 2020
TERMS & CONDITIONS
• Limited period Offer.
• Buy any 3 Himalaya Baby products.
• Customer will get discount equals to lowest MRP product present in the cart.
• Offer valid only on select products of Himalaya baby (https://www.firstcry.com/topoffers?moid=30812&c=HIMB2G1) .
• Use Code: HIMB2G1
• Gst Applicable on discounted price.
• No other Coupon offer would be applicable with this coupon offer.
- 4.Third Party Offers
Offer - BOB Credit Card Offer
About BOB Credit Card Offer
• This offer is made to the customers of BFSL who are residents of India shopping on firstcry website https://www.firstcry.com/ or mobile app, using a valid Bank of Baroda Credit Card.
• The Offer is valid from Offer starts from 00:00:00 of February 22, 2021 – 23:59:59 hrs of 8th March, 2021.KEY OFFER DETAILS
• 5% instant discount on Bank Of Baroda Credit Cards on minimum order value of Rs. 1500.
• Maximum discount per Credit Card – Rs. 500
• Each Cardholder can avail a maximum discount of INR 500 (Indian Rupees -five hundred only) per Card under this Offer, irrespective of number of purchases during the Offer Period.
• Applicable on all Retail Bank Of Baroda Credit Cards.
• Not applicable on Corporate/Business Cards.
• The Offer will be applied at the time of checkout.
• This Offer is not applicable on transactions made through EMI, Internet Banking, Card/Cash-on-delivery transactions and on Gift Wrap or premium delivery charges.
• BFSL, Firstcry reserve the right to disqualify the Cardholder(s) from the benefits of the Offer, if any fraudulent activity is identified as being carried out for the purpose of availing the benefits under the said Offer or otherwise by use of the Card.
• All complaints, claims, disputes, concerns, issues, etc., regarding the offer and discount should be taken up directly with Firstcry.BFSL shall in no manner be responsible for the same.
• Cardholders are not bound in any way to participate in this Offer. Any participation is voluntary and the Offer is being made purely on a best effort basis.
• The discount is non-transferable, non-exchangeable and non-cashable.
• The Offer cannot be clubbed with any other offer of firstcry. Neither the Offer nor cashback under this Offer can be assigned or transferred to any other person.
• BFSL and firstcry reserve the right to extend, withdraw or terminate this Offer without prior notice, without assigning any reasons and without any liability towards any person. Further, BFSL and Air firstcry reserve the right to add, amend or replace all or any of the terms of this Offer, whether similar to this Offer or not, without prior notice and from time to time, without assigning any reasons.
• The Offer is valid on INR transactions (transactions in Indian Rupees) only and for Indian citizens only.
• In the event of any misuse or abuse of Offer by the Customer, BFSL reserves the right to deny the Offer or firstcry reserves the right to cancel the order.
• BFSL and firstcry shall not be liable for any losses or damages that may be suffered, by a Customer, directly or indirectly, as a result of participating in the Offer and/or by the use or non-use of the Card.
• The decision of BFSL and firstcry with respect to all transactions under the Offer shall be final and binding on the Customer and any correspondence in this regard will not be entertained.
• The Offer terms shall be governed by the laws of India. Any dispute arising out of this Offer shall be subject to the exclusive jurisdiction of the competent courts in Mumbai.
Instructions for Wallet Cashbacks.Brainbees Solutions Pvt. Ltd. holds the right to not accept refund of transactions where the refund value is less than the Cashback value issued by any wallet. For example user X did a transaction for Rs 500 and got a Cashback from wallet for Rs 200, now user wants to return one part of the product costing Rs 160. In this case refund value is less than the cashback issued to the customer and refund will not be accepted. User X, will either be given a Gift Voucher or Cash Refund of the same amount which can be used on site with the next purchase.
We accept Paytm, MobiKwik etc. wallets for online transactions. You can also redeem exciting deals and cash backs which would be mentioned above. These offers are subject to change and we request you to check this space before making the purchase.
- 5.Transactions & Cancellations
Minimum Order Value:To place an order on Firstcry.com the minimum order value has to be more than Rs. 249 (Excluding COD charges, Shipping charges, Taxes or value reduced after application of coupons or any other offer)
Credit Card Details:You hereby agree, understand and confirm that the credit card details provided by you for availing of services on website will be correct, accurate and current. Under no circumstances you shall use a credit card which is not lawfully owned by you. You further agree and undertake to provide the correct and valid credit card details to us. The card details will not be utilised and shared by us with any of the third parties unless required for fraud verifications or by law, regulation or court order. We will not be liable for any credit card fraud. The liability for use of a card fraudulently will be on you and the onus to 'prove it otherwise' shall be exclusively on you.
Fraudulent /Declined Transactions:In case of fraudulent use of the site, we reserve the right to recover the cost of goods, collection charges and lawyers fees from person(s) concerned. We reserve the right to initiate legal proceedings against such person(s) for fraudulent use of the Site and any other unlawful acts or acts or omissions in breach of these terms and conditions.
Cancellations by the Customer:In case we receive a cancellation notice and the order has not been shipped by us, we shall cancel the order and refund the entire amount. The orders that have already been shipped out by us will not be cancelled and you will have to check our return policy on those orders.
Cancellation by FirstCry.com:Under certain circumstances it might not be possible for us to accept an order and we may be compelled to cancel the same. We reserve the right to refuse or cancel any order for any reason at our sole discretion. Some situations that may result in your order being cancelled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also ask for additional verifications or information before accepting any order. We will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after your credit card has been charged, the said amount will be add to the "Cash Refund" section of your FirstCry account. The customer agrees not to dispute the decision made by us and accept our decision regarding the cancellation.
Payment:While availing any of the payment method/s offered by us, we are not responsible or take no liability of whatsoever nature in respect of any loss or damage arising directly or indirectly to you out of the decline due to:
1. lack of authorization for any transaction/s,
2. or exceeding the preset limit mutually agreed by you and between your "Bank/s",
3. or any payment issues arising out of the transaction,
4. or decline of transaction for any other reason/s.
All payments made against the purchases/services on FirstCry.com by you shall be compulsorily in Indian Rupees acceptable by the Union of India. FirstCry.com does not accept any other form of currency with respect to the purchases. Before shipping your order to you, we may request you to provide supporting documents (including but not limited to Govt. issued ID and address proof) to establish the ownership of the payment instrument used by you for your purchase. This is done in the interest of providing a safe online shopping environment to our users.Loyalty Cash Usage:FirstCry restricts the usage of Loyalty Cash in a transaction when you are buying a GSO (Guaranteed Savings Offer) or a Gift Certificate.
- 6.Guidelines for Writing Product Reviews
Who can write a product review on Firstcry.com?Anyone who has an account with Firstcry.com can write a product review.
Are there any specific rules that need to be followed while writing a review?No, there are no specific rules which need to be followed while writing a review. However we have we put together some guidelines which can be followed while writing a product review -
1. Be Precise and SpecificWhile writing a product review you should keep in mind the fact that other Firstcry users might use your review to form a judgment, whether to select the product or not. Therefore a precise, specific & unbiased product review plays a critical part and would always help a customer make a better choice about which product to buy.
2. Don't keep any loose endsAlways keep all the details provided well settled and explained. Incomplete or inaccurate information will not help any customer other than confusing them about the product.
3. Spell what is requiredA good review should serve the most basic purpose i.e. what you liked/disliked about the product and why with the exact details.
4. Remove distractions from reviewBefore submitting the review for moderation it is wise to spell check and proofread your review accurately.
What needs to be avoided while writing a review?Firstcry reserves the right to not include the product review that include any one or more of the following -
1. Inappropriate content - like promotional information or phone numbers.
2. Information not related to product - Shipment/Delivery Experience, availability, ordering etc
3. Inaccuracies in product information & product catalogue.
4. References - to other retailers, pricing, personal information etc.
5. Copying and pasting text from other reviews, guides, or sources.
6. Comments on other reviews posted on the product page.
7. Foreign language content.
8. Off-topic information or obscene content.
9. Irrelevant user IDs or email ids used for posting reviews.
- 7.User Conduct
You Agree and Confirm:1. That you will use the services provided by FirstCry.com, its affiliates, consultants and contracted companies, for lawful purposes only and comply with all applicable laws and regulations while using the Site and transacting on the Site.
2. You will provide true, accurate, complete and current information in all instances where such information is requested of you. FirstCry.com reserves the right to confirm and validate the information and other details provided by you at any point of time. If upon confirmation your details are found not to be true (wholly or partly), FirstCry.com has the right in its sole discretion to reject the registration and debar you from using the Services of FirstCry.com and / or other affiliated websites without prior intimation whatsoever.
3. To compensate FirstCry.com for any extra cost incurred for redelivery in the event of a non-delivery in the first instance on account of a mistake by you (i.e. wrong name or address or any other wrong information).
4. That you using your best and prudent judgment before entering into any transaction through this Site doing so at your sole risk.
5. After placing an order for a product you agree to be bound by the conditions of sale included in the item's description.
You may not use the Site for any of the following purposes:1. Disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material.
2. Transmitting material that encourages conduct that results in civil liability or otherwise breaches any relevant laws, regulations or code of practice or constitutes a criminal offence.
3. Gaining unauthorised access to other computer systems.
4. Interfering with any other person's use or enjoyment of the Site.
5. Breaching any applicable laws.
6. Interfering or disrupting networks or web sites connected to the Site.
7. Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner. Design details and Colours.
We have made every effort to capture high resolution images of our products so that you get a feel of the design details and colours of our products that appear on the Site as accurately as possible. However, what you actually see will depend on your monitor; we cannot guarantee that your monitor's display of any colour or other details will be accurate.
Electronic Communications:When you visit the FirstCry Site or FirstCry Store or send emails to us, you are communicating with us electronically.s You hereby provide your consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Site. You hereby agree that all notices, agreements and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
- 8.Shop 'n' Earn Loyalty Cash
I. Program Overview:1. This is an exclusive FirstCry.com program designed to reward Firstcry.com customers for purchasing products from this site. The Program is available on the FirstCry.com Websites, Mobile Apps and Stores and cannot be used in case of products being purchased from third party sites or stores.
2. Participation in the Program and the benefits that are offered to Program members is at the sole discretion of DARP, and we have the right to change the respective Program terms and conditions, in whole or in part, at any time with or without giving any notice to its Members.
3. Program is available only to retail customers who are transacting on FirstCry.com website or in the FirstCry.com stores, and would not be available to any wholesale/ third party customers purchasing any FirstCry.com product(s).
II. Eligibility and Registration Requirements:1. You must be of legal age (18 years) to qualify for membership in the Program.
2. Members must be human: no machines, scripts, or automated services may be used to participate in this program.
3.To begin the enrolment process, you will submit a complete Program Application via the FirstCry.com Site or Store. We will evaluate your application in good faith and will notify you of its acceptance or rejection. We may reject your application if we determine (in our sole discretion) that you are unsuitable for the Program.
III. Earning and Redeeming Rewards:1. You become a part of this program automatically on registering on FirstCry.com or on Purchasing at FirstCry.com Stores.
2. DARP may, in its sole discretion, introduce time-limited promotional offers ("Promotion") that enable Program Members to earn additional rewards for the completion of actions that are specified by us.
3. Once a Member meets all applicable requirements for a Promotion, the designated number of rewards specified by that Promotion shall be transferred to the Member. If eligible, the loyalty cash would be credited to the users account within 48 hours of successful delivery of the order. Cancelled / Returned orders shall not add loyalty cash to your account.
4. If you choose to return/cancel part or whole of any order for which you have earned loyalty cash, DARP may refund you a deducted amount based on the Loyalty Cash earned for the returned/cancelled product. Eg. If you return any product/products, priced at Rs. 500 which have earned you Rs.50 loyalty cash, DARP holds the right to refund you only Rs. 450 to adjust for the Loyalty Cash earned by you.
5. DARP is not responsible for changes to, or discontinuance of, any Promotion or for any effect on accrual of rewards caused by changes or discontinuance.
6. At no point, can the earned Loyalty Cash be redeemed for cash. It may only be used to purchase products on FirstCry.com except in one condition where Guaranteed Savings Code is also used against the products in the order.
7. The eligibility to use the Loyalty Cash against your purchased amount can be changed by DARP at any time during the program without prior intimation to the users.
8. You will not earn any Loyalty Cash in the following scenarios:
a. If you have availed any offer which provides product(s) for free in your order.b. If you choose to earn Loyalty Cash from any other third party provider such as Payback.
9. Your loyalty cash will be reduced by the percentage discount applicable on the product, either on site or through the use of any coupon code. Only the loyalty cash applicable on the product at the time of purchase would be given to you. If the discounts are revised on a later date, you will not be entitled to the revised loyalty cash.
10. If you return or cancel the order, you will not earn Loyalty Cash against that order.
11. If you return part of your order, you will only earn points for the products which have not been returned by you.
12. DARP holds the right to decide which products earn you Loyalty Cash and which do not. Additionally, it also holds the right to change the amount of Loyalty Cash against any product without prior notice.
13. Loyalty Cash earned by you will expire on 31st March of every year from your Firstcry Loyalty Cash Account, if no new order(s) have been placed on or after 1st April of previous year. E.g. Loyalty cash earned by you during the year 2017-2018 will expire on 31st March 2018 from your account, if no new order(s) have been placed on or after 1st April 2017.
14. For orders placed online in FY 2012-13, Loyalty Cash would only be earned based on the orders placed on or after 22nd September, 2012.
15. For orders placed in stores in FY 2015-16, Loyalty Cash would only be earned based on the orders placed on or after 15th October, 2015.
16. Loyalty Cash earned in a store will be credited against the account with the registered mobile number that matches with the mobile number provided in the bill.
17. It is your responsibility to ensure that the registered mobile number and the mobile number entered in the bill are correct and belong to you. It is also your responsibility to ensure that the mobile number you have provided online and in the store is the same.
18. Loyalty Cash earned in the FirstCry.com stores can be redeemed in any FirstCry.com Store.
19. Loyalty Cash earned at the FirstCry.com Store can also be redeemed on the FirstCry.com website & App only after you have logged in and verified the registered mobile number on FirstCry.com.
20. Loyalty cash earned online at FirstCry.com can be redeemed via purchase made through the FirstCry.com websites or Apps. It can also be redeemed at the FirstCry.com Store if you have verified your registered mobile number after logging in on the FirstCry.com website.
2. You authorize DARP to disclose necessary information that you have provided to third parties, or information that DARP has obtained about your Account: (i) to agents of DARP or its affiliates, such as independent auditors, consultants or attorneys; (ii) to comply with government agency or court orders or requests; or (iii) where it is necessary for fulfilment with third party suppliers.
3. By entering into this Agreement, you authorize DARP and its Suppliers to share personal information about you, including but not limited to your e-mail address, full name and address.
V. Termination or Changes to the Program:1. DARP reserves the right to terminate the Program at any time without notice. Notification of Program termination by DARP would be publicized on the Program Web site only.
2. DARP may modify this Agreement from time to time, with or without notice, and your continued participation in the Program after such modification shall be deemed to be your acceptance of any such modification. It is your responsibility to check the Terms and Conditions page of the Program Website regularly to determine whether this Agreement has been modified. If you do not agree to any modification of this Agreement, you must immediately cease participation in the Program.
VI. Fraud; Termination of Membership:Membership in the Program is subject to the Program Terms and Conditions. Any failure to comply with the Program Terms and Conditions, any fraud or abuse relating to the accrual or redemption of rewards from DARP, or any misrepresentation of any information furnished to DARP or its affiliates by you, or anyone acting on your behalf, may result in the termination of your membership in the Program, cancellation of your Program account and/or forfeiture of your rewards / earnings. In the event of fraud, misconduct, or suspected fraud or misconduct by you or anyone acting on your behalf or under your password, DARP reserves the right to suspend access to your account indefinitely pending investigation.
VII. Limitation of Liability:We will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed the Loyalty Cash paid or payable to you under this Agreement.
VIII. Disclaimers:We make no express or implied warranties or representations with respect to the Program or any products sold through the Program (including, without limitation, warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of the FirstCry.com Site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.
IX. Disputes:Any dispute relating in any way to the Program or this Agreement in which the aggregate total claim for relief sought on behalf of one or more parties exceeds INR 1,00,000 will be adjudicated in any federal court in Pune, Maharashtra, and you hereby consent to exclusive jurisdiction and venue in those courts. You further acknowledge and agree that our rights in the Content are of a special, unique, extraordinary character, giving them peculiar value, the loss of which cannot be readily estimated and may not be adequately compensated for in monetary damages.
X. Miscellaneous:This Agreement will be governed by the laws of the Indian Republic and the state of Maharashtra, without reference to rules governing choice of laws. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.
- 9.Guaranteed Savings Program
I.Program Overview:1. This is an online-only program designed to reward FirstCry.com customers for purchasing products on this site. The Program is available via access through the Program Websites only and cannot be used if buying products from 3rd party sites.
2. Participation in the Program and the benefits that are offered to Program members is at the sole discretion of DARP, and we have the right to change the respective Program terms and conditions, in whole or in part, at any time with or without giving any notice to its Members.
3. Program is available only to retail customers who are transacting on site, and would not be available to any wholesale/3rd party customers purchasing any FirstCry.com product(s).
II. Eligibility and Registration Requirements:1. You must be of legal age (18 years) to qualify for membership in the Program.
2. Members must be human: no machines, scripts, or automated services may be used to participate in this program.
III. Buying & Redeeming Guaranteed Savings:Guaranteed Savings offer is limited to Brands, Subcategories or Products being displayed on the "Guaranteed Savings" page or in case if any special offer message being displayed against a particular product, brand & Subcategory item information pages on sites Firstcry. Once a Member meets all applicable requirements for a Promotion, the designated "Guaranteed Savings" code will be transferred to the Members email and to Members registered account with FirstCry.com. Every "Guaranteed Savings" offer will carry validity & order criteria that need to be followed while placing order through Guaranteed Savings. Member can check these terms on www.FirstCry.com/m/guaranteed-savings-offer under the How it works and FAQ’s DARP is not responsible for changes to, or discontinuance of, any Promotion. The eligibility to use the Guaranteed Savings code against specified Brand, Subcategories & Products changed by DARP at any time during the program without prior intimation to the users. Member’s Subscription balance will be reduced once order is successfully placed with the "Guaranteed Savings" code. Additionally Usage, Validity and expiry of the "Subscription" can be checked under the member registered "My Account" section on FirstCry.com. Your participation in the Guaranteed Savings is personal to you, and you may not assign or transfer your Subscription or any of the benefits to any third party. If any problems arise with your Guaranteed Savings offer, the usage disputes or offer expiry, validity associated with your Guaranteed Savings offer, we will either call or notify you via e-mail using the address associated with you asking you to help resolve the problem and reactivate your Guaranteed Savings offer. All returns under the "Guaranteed Savings" offers are subject to FirstCry.com "Return Policy"
IV.Payment and Renewal:Valid "Guaranteed Savings" offers can only be purchased through Online Payment Options like Credit Cards, ATM/Debit Cards, NetBanking, Wallet. You can not use Loyalty Cash While purchasing "Guaranteed Savings" offers. The total cost charged to you against the "Guaranteed Savings" code will be returned back to you in form of a "Guaranteed Savings" code which you can use anytime to buy subscription products and get minimum assured discount with every order placed. Guaranteed Savings offer issued once cannot be renewed, member has to buy new offer in order to buy more products.
2. You authorize DIGITAL AGE RETAIL PVT LTD to disclose necessary information that you have provided to third parties, or information that DIGITAL AGE RETAIL PVT LTD has obtained about your Account: (i) to agents of DIGITAL AGE RETAIL PVT LTD or its affiliates, such as independent auditors, consultants or attorneys; (ii) to comply with government agency or court orders or requests; or (iii) where it is necessary for fulfillment with third party suppliers.
3. By entering into this Agreement, you authorize DIGITAL AGE RETAIL PVT LTD and its Suppliers to share personal information about you, including but not limited to your e-mail address, full name and address.
VII.Deactivating a Guaranteed Savings Offer:1. A Guaranteed Savings offer can be deactivated any time before the offer expires.Post expiry, there will be no refund provided against the balance amount. For deactivating a Guaranteed Savings offer you need to go to the Guaranteed Savings offer page and click on the "Deactivate" button next to the respective Guaranteed Savings offer's. Once a Guaranteed Savings offer has been deactivated, the balance funds in the Guaranteed Savings offer will be added to the Cash Refund in your FirstCry account. There funds can then be used for purchasing any product from FirstCry.com
VIII. Termination or Changes to the Program:1. DIGITAL AGE RETAIL PVT LTD reserves the right to terminate the Program at any time without notice. Notification of Program termination by DIGITAL AGE RETAIL PVT LTD would be publicized on the Program Web site only.
2. DIGITAL AGE RETAIL PVT LTD may modify this Agreement from time to time, with or without notice, and your continued participation in the Program after such modification shall be deemed to be your acceptance of any such modification. It is your responsibility to check the Terms and Conditions page of the Program Website regularly to determine whether this Agreement has been modified. If you do not agree to any modification of this Agreement, you must immediately cease participation in the Program.
- 10.Parenting Services
The "Parenting" Platform built by firstcry.com, is a community of parents, where they can bond with each other and request for a solution for the day – to – day challenges they encounter with their baby directly from the counselors and the parents available on the platform, and can also refer to the variety of literature on parenthood. This platform also provides the users for sharing important and wonderful information with the other parents so that their everyday parenting journey is filled with a lot more laughter than tears of their ‘oh-so-cute’ babies.
With a simple login, you can connect with several other parents whose biggest trouble in life is ‘the changed poop color’ of their babies.
"Becoming a mom is watching your heart walk outside your body", and we at Firstcry.com – Parenting understand the beautiful pains and challenges a mother goes through while taking care of her baby, HENCE US!
Restricted AccessAccess to certain areas and/or content of the Parenting is restricted. Firstcry.com reserves the right to restrict access to other areas and/or content of the Parenting, or indeed this entire website, at the Website's discretion. If Firstcry.com provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential. Firstcry.com may disable your user ID and password in Firstcry.com's sole discretion without notice or explanation.
ProhibitionsIn furtherance to the terms mentioned in User Conduct above, Users should not:
Submit, post, or otherwise make available to or through the Web Site any information that:
• is unlawful, harassing, defamatory, abusive, threatening, obscene, harmful, tortious, libelous, or invasive of another's privacy;
• infringes or violates any party's copyright, trademark, trade secret, patent, or other proprietary right;
• contains any worms, viruses, or other harmful, disruptive, or destructive files, code, or programs;
• includes any unauthorized advertising, promotional materials, chain letters, spam, junk mail, or any other type of unsolicited mass email to people or entities that have not agreed to be part of such mailings; or
• you do not have the right to submit, post, disseminate, or transmit.
Use the Parenting Platform in any way to:
• impersonate any person or entity; falsely state or otherwise misrepresent your affiliation with any person or entity; intentionally omit, delete, forge, or misrepresent transmission information, including headers, return mailing, and Internet protocol addresses; or otherwise manipulate identifiers to disguise the origin of any content that you submit or transmit through the Web Site;
• disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users' ability to engage in real-time exchanges;
• interfere with, disrupt, or harm in any way the Site or servers or networks connected to the Web Site;
• Electronically stalk or otherwise harass another user;
• engage in any activities that would violate the personal privacy rights of others, including but not limited to collecting and distributing information about other users without their permission, except as permitted by applicable law; or
• use the Web Site in violation of any applicable laws or regulations, or any rules or guidelines established by Firstcry.
No Doctor - Patient RelationshipPlease note that some of the content, text, data, graphics, images, information, suggestions, guidance, and other material (collectively, "Information") that may be available on Parenting (including information provided in direct response to your questions or postings) may be provided by individuals in the medical profession. The information and views provided herein should not be treated as medical advice. The information on the Parenting is provided without any representations or warranties, express or implied. You must not rely on the information on the Parenting as an alternative to medical advice from your doctor or other professional healthcare provider. If you have any specific questions about any medical matter, you should consult your doctor or other professional healthcare provider. The Parenting includes interactive features that allow users to communicate with us. You acknowledge that because of the limited nature of communication through the Parenting's interactive features, any assistance you may receive using any such features is likely to be incomplete or not appropriate for your condition. As health and nutrition research continuously evolves, we do not guarantee the accuracy, completeness, or timeliness of any information presented on the Parenting.
No Obligation to Pre-screen User ContentFirstcry does not have any obligation to pre-screen, edit, or remove any Content provided by Users that is posted on or available through the Web Site. However, Firstcry will have the right (but not the obligation), in its sole discretion and for any reason, to pre-screen, edit, refuse to accept, remove, or move any such Content.
The views, opinions and positions (including content in any form) expressed within this post are those of the author alone. The accuracy, completeness and validity of any statements made within this article are not guaranteed. We accept no liability for any errors, omissions or representations. The responsibility for intellectual property rights of this content rests with the author and any liability with regards to infringement of intellectual property rights remains with him/her.
Purposes of Data CollectionWe collect information about you because we want to determine what you may like or find interesting, so we can provide you with targeted information and advertising (on our Site, in newsletters, via email and otherwise). In addition, we use data to create statistics and reports where personally identifiable information has been removed and aggregated (such that it is anonymous as regards any specific user) for various business purposes.
On submission of your contact details with the Site, you authorize FirstCry to contact you through email or phone. This will override registry on the NDNC.
- 11.FITJUNIOR PROGRAM
The ‘FitJunior Program’ (“Program”) is a platform provided by us which will involve interaction between you, the Users, and professional dieticians (“Dieticians”) to discuss and seek recommendations on nutrition filled meals for children. We aim to help you achieve your goals and provide your child a healthier, more active life through this Program. The services we provide are not medical or health care services in nature. Although few of the Dieticians we have as third parties may be licensed healthcare practitioners, but they do not provide health care services through this Program. This Program is purely an opinion and shall not misinterpreted to be a substitute for professional medical consultation/ advice/ or treatment from qualified physicians. The Program does not endorse any specific tests, physician or medical professional recommendations, products, procedures, opinions, or any other such information. We highly recommend you to consult your doctor before using the Program. If you think that your child has a medical emergency/ urgency, we suggest you to call your doctor or 112 immediately as we do not provide any medical opinion through this Program.
Access to certain areas and/or content of the Program is restricted. We reserve the right to restrict access to other areas and/or content of the Program, or indeed this entire Website, at our sole discretion. We also reserve the rights to withdraw or amend the services (or any features of the services). If we provide you with a user ID and password to enable you to access restricted areas of this Website or other content or services, you must ensure that the user ID and password are kept confidential. We may disable your user ID and password in our sole discretion without notice or explanation. You will report to us in case of any unauthorized or prohibited use of your services. Prohibitions
You shall also:observe and comply with the terms and conditions of this Program in letter and spirit;use and access the Program for your sole and personal use only and not for commercial purposes;provide full and accurate information about your child's diet/ food habits, health, personal care needs;not decipher, decompile, reverse engineer, or disassemble the software used by us; not use any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Program;not falsely state or otherwise misrepresent your affiliation with any person or entity; intentionally omit, delete, forge, or misrepresent transmission information, including headers, return mailing, and internet protocol addresses; or otherwise manipulate identifiers to disguise the origin of any content that you submit or transmit through the Program;not electronically stalk or otherwise harass another user;not engage in any activities that would violate the personal privacy rights of others, including but not limited to collecting and distributing information about other users without their permission, except as permitted by applicable law.Services
The Program provides you with healthy, balanced nutrition plans (“Services”) to help your child meet their nutritional needs based on the data provided by the Users.
Free and Paid Services
The Services will include dietician services along with various nutrition filled meal plans provided free as well as on paid basis. The paid services will be categorized into automatically renewing subscription services, such as digital fitness or health programs, dietician services, and one-time purchases services (collectively called the “Paid Services”). Paid Services will include contents, personalized, interactive services. Please see the product page for your specific Paid Services for more information. We may amend, suspend, or discontinue Paid Services at any time for any reason.
Subscription Paid Services
(i)Your subscription term (“Term”) may vary in duration, depending on the plan that you select. We will notify you about the applicable fees basis the plan you select (“Fees”). Unless otherwise indicated by us, you will be charged for the Fees basis the Term of the plan payable either prior to or at the beginning of your subscription plan.
(ii)Cancellation of subscription: You may cancel your subscription plan at any time but the cancellation will take effect only at the end of the current subscription term.
(iii)Even though you cancel your subscription, we might still send you promotional communications about the Program unless you opt out to receive such communications and unsubscribe by following the instructions provided in the communications.
(iv)No refunds on cancellation: You will not receive any refund for the Term you paid for, but you will continue to have full access to that subscription until the end of that Term. At any time for any reason, we may, basis our sole and absolute discretion, provide refund, discount, or other consideration (“Credits”) to few or to all of our Users. The provision of Credits in one instance does not entitle you to Credits in the future for similar instances, nor does it obligate us to provide Credits in the future.
(v)Free Trials: From time to time, we may offer trials of certain subscription plans free of cost for a specified period of time. If we offer you a free trial, the specific terms of your free trial will be provided in the marketing materials describing the particular trial. Once your free trial ends, we (or our third-party payment processor) may contact you to encourage you to upgrade to a fully Paid Program.
One-time Purchases Paid Services
There will be few Paid Services which will be one-time purchases and not subscription-based. The One-time Purchases shall not be cancelled and you shall not be entitled to any refund for cancellation of such Services.IT IS HEREBY CLARIFIED THAT THE SERVICES LISTED ON THE WEBSITE ARE SOLELY RENDERED BY THIRD PARTIES AND WE SOLELY OPERATE AS A PLATFORM, THEREBY, WE DISCLAIM TO MAKE ANY WARRANTIES FOR THE SERVICES, AND HENCE SHALL NOT BE HELD RESPONSIBLE IN ANY MANNER WHATSOEVER FOR THE SERVICES RENDERED BY THE THIRD PARTIES.
As a part of Paid Services with the Program you will also have the facility to consult with a dietician who will help you set nutritional goals for your child – these may include but are not restricted to ways to create and maintain healthy habits, increase activity and fitness, or improve your child’s nutritional health.
Dieticians will interact with you over a call which will be initiated and run through internal systems within the Program. These calls may be recorded for internal training purposes, and you give your consent for it at the time of subscribing the Program. You agree and accept the transfer of information to third parties for rendering of personalized Services for your child. Dieticians are contractually bound to keep your information confidential and agree not to use the information for any reasons apart from this Program. Occasionally, availability of a Dietician may change, and it shall be in our sole discretion to remove them with or without any prior notice to you. In the event that your Dietician is no longer available, we will connect you with another one.
When you interact with a Dietician in the Program, you agree to be professional and avoid engaging in inappropriate behavior. However, if a Dietician engages in any inappropriate behavior, we request you to report it to us.
You understand and agree that we act as a facilitator between you and the Dietician/practitioners. The recommendations of the Dieticians will solely be based on the data and information as shared by you with the Dietician. You understand and agree that we shall have no liability with respect to the authenticity of the services of the Dieticians being facilitated through the Program. The Company shall not be responsible for any breach of the Program, recommendations and repercussions or deficiency by the Dietician.
Third Party Links
Collection, Storage and Sharing of Personal Data
We shall provide you with the facility to store your data in your account through the Program (the “Data Storage Services”). The data stored through the Program may include registration data, any other the information uploaded by you, history of your activities on the Program, your and/ or your child’s diet and health records (the “Data”).
We make no representation and are not responsible for accuracy or completeness of the Data under the Data Storage Services. Further, we shall not be liable for any content, fact, data, diagnosis or the language used in the Data. It is clarified that you shall be solely responsible and liable for the Data.
By subscribing to this Program, you agree, accept and allow us to share and transfer your personal information with any third party solely for the purpose of this Program. You agree and allow us to save your personal information as long as it will be required under this Program.
Payment and Billing
We reserve a right to amend and modify the terms of the Fees, payment and billing without any prior intimation to you in our sole discretion.
We maintain a standard payment method and you agree to accept it at the time of making the payment. Furthermore, you represent and warrant that you are authorized to use the designated payment method and authorize us (or our third-party payment processor) to charge your payment method for the total amount of your purchase (including any applicable taxes and other charges).
Your Paid Service may be suspended or cancelled if the payment method is either not verified, or is invalid or is otherwise not acceptable by you.
If you accept a promotional offer or make changes to your Paid Services, the amount billed may vary.
In the event of any dispute pertaining to the payments made by you, we shall pass it to the payment gateway provider shall for resolution and we shall not be liable for any such dispute.
Offers and Promotions
All promotions offered on the Platform for the Company Services are for limited period and subject to special terms and conditions which may be notified with such offer/promotion, which are and shall be in addition to the terms stated herein.
Representations and Warranties Disclaimer
We clearly represent that the Services rendered to you are personal in nature and shall be solely based on the information provided to us and shall not be used by anyone else.
We represent to you that the Program is solely meant to ease the daily life of millennial mothers by providing easy healthy tips in day-to-day routine and does not warrant/ ensure health of your child in any way.
We clearly represent that we merely act as a digital intermediary to connect you with the Dieticians listed on the Program, and hence, we disclaim to be involved in any medical or health care services, and so you should not rely on us for any medical opinion.
We clearly disclaim the existence of any dietician/ doctor- client relationship carried out through this Program.
We clearly represent to you that any consultation provided herein is purely an opinion and hence, it should not be misinterpreted to be medical advice in any manner.
We represent that the Services and consultations provided herein are by the Dieticians/ nutritionists who are third parties and hence, we shall not be liable for any of their content/ recommendations.
We represent that any contents including texts, pictures, recipes, opinions, provided on the Website is posted by the third parties and we shall not be liable for any dispute including but not limited to infringement, misrepresentations, deficiency in services, unfair trade practices.
We make no representation that the operation of the Program will be uninterrupted or error-free and we will not be liable for the consequences of any interruptions or errors. To the full extent permissible by applicable law, we do not warrant that the Program, its servers, or email sent from us are free of viruses or other harmful components.
We represent that we have the right to modify, develop, maintain, update or assign the rights of the Program in our sole discretion.
To the fullest extent permitted by law, we disclaims all liabilities arising out of your use or reliance upon the Program, its contents or any opinion or suggestion given or expressed by the Company or its third parties Dieticians.
We shall not be responsible or liable for any breach or loss of data including personal information caused due to events beyond our control due to technical reasons or third-party actions.
The disclaimers, waivers, releases, limitations and exclusions under these terms will apply regardless of whether the cause of action or the liability arises in laws, contract, tort or otherwise.
THE PROGRAM AND SERVICES, ARE PROVIDED “AS-IS”, WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING OR ANY OTHER TERMS OR AGREEMENTS YOU HAVE WITH US, WE EXPLICITLY DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES ARISING OUT OF OR RELATED TO THESE TERMS OF SERVICE OR THE DIETICIAN SERVICES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF THE COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Program and the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis.
This means that while the Program intends to help you pursue nutritional goals for your child’s optimum health and growth, we only strive to make you achieve your goal and do not guarantee it. We make no endorsement, representation, or warranty of any kind about any information on the Program, whether provided to you by a Dietician or any content available through the Program. We are not responsible for the accuracy, reliability, availability, effectiveness, or correct use of information you receive via the Program and we are not responsible for any health problems that may result from your reliance on advice from our Dieticians. If you engage your child in any health, fitness, or wellness program or activities that you learn about through our Program, you agree that you do so voluntarily with your free consent and at your own risk. The User expressly understands and agrees that we disclaim any and/ or all liability with respect to any claim, suit or action brought by you in respect of availing/provision of the Services offered by the Dietician on the Program or in connection with payment for the Services availed though the Program and you agree to indemnify, defend and hold us harmless in connection with any such claim.
WE CANNOT BE HELD LIABLE FOR ANY DEFICIENCY IN SERVICES AS OUR SERVICES ARE PROVIDED SOLELY ON THE DATA AND INFORMATION RECEIVED FROM YOU AND SUCH MIGHT CHANGE WITH THE GROWING AGE OF THE CHILDREN.
You are allowed to provide feedback about your experiences with the Dieticians, however, you shall ensure that, the same is provided in accordance with laws applicable. You are solely responsible for the content of the Feedback and we shall not be liable to pay any consideration to you for re-publishing any content across any of its platforms. You understand that, we shall not be obliged to act in such manner as may be required to give effect to the content of the Feedback, such as suggestions for delisting of a particular Dietician from the Program.
You agree that we may contact you through [telephone, email, SMS, or any other electronic means of communication]for the purpose of obtaining feedback in relation to Program, Services and/or to resolve any complaints, information, or queries regarding your Feedback.
- 12.Other Terms
Reviews, Feedback, Submissions:All discussions , ratings, comments, bulletin board service, chat rooms, Parenting service and/or other message or communication facilities means Material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this Website, for whatever purpose. End User acknowledges that any Material posted on the Website is public and not private communication.FirstCry.com does not control or endorse the content, messages or information found in any Material, and, therefore, FirstCry.com specifically disclaims any liability concerning the Material and any actions resulting from End Users participation in any Material, including any objectionable content. Generally, any communication which End User posts to FirstCry.com (whether in Parenting, chat rooms, discussion groups, message boards, or otherwise) is considered to be non-confidential and you grant to Firstcry.com a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to Firstcry.com the right to sub-license these rights, and the right to bring an action for infringement of these rights. If particular web pages permit the submission of communications that will be treated by FirstCry.com as confidential, that fact will be stated on those pages. Notwithstanding Firstcry.com's rights under these terms and conditions in relation to user content, Firstcry.com does not undertake to monitor and is not responsible of the submission of such content to, or the publication of such content on, this website.
Copyright & Trademark:Everything located on or in this Site, including the Microsites, is our exclusive property and can be used with express permission of the copyright and/or trademark owner. ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING, LINKING, DEEP LINKING, OR OTHERWISE MODIFYING OF THIS SITE OR ANY OF THE MICROSITES WITHOUT OUR EXPRESS WRITTEN PERMISSION OF FirstCry.com IS STRICTLY PROHIBITED. Any violation of this policy may result in a copyright, trademark or other intellectual property right infringement that may subject End User to civil and / or criminal penalties. This Site and Microsites contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music, sound, and the entire contents of website protected by copyright. We own a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. End User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. End User may download / print / save copyrighted material for End User's personal use only. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without our express permission of FirstCry.com and the copyright owner is permitted. If copying, redistribution or publication of copyrighted material is permitted, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. End User acknowledges that he/she/it does not acquire any ownership rights by downloading copyrighted material. Trademarks that are located within or on the Site or a Web site otherwise owned or operated in conjunction with FirstCry.com shall not be deemed to be in the public domain but rather the exclusive property of owners, unless such site is under license from the Trademark owner thereof in which case such license is for the exclusive benefit and use of FirstCry.com, unless otherwise stated. End User shall not upload, post or otherwise make available on this Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. We do not have any express burden or responsibility to provide End User with indications, markings or anything else that may aid End User in determining whether the material in question is copyrighted or trademarked. End User shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission. By submitting material to any public area of this Site, End User warrants that the owner of such material has expressly granted us the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. End User also permits any other end user to access, view, store or reproduce the material for that end user's personal use. End User hereby grants us the right to edit, copy, publish and distribute any material made available on this Site by End User. We hereby reserves the right to terminate its agreement with any End User who repeatedly infringes on copyright rights upon notification to us by the copyright owner. The foregoing provisions of this clause apply equally to and are for the benefit of FirstCry.com, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
Indemnity:You agree to defend, indemnify and hold harmless BB & DARP, its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to us or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfillment of any of your obligations under this User Agreement or arising out of the your violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this User Agreement.
Termination:We may terminate this Agreement at any time. Without limiting the foregoing, we shall have the right to terminate any passwords or accounts of End User in the event of any conduct by End User which we, in our sole discretion, consider to be unacceptable, or in the event of any breach by End User of this Agreement. Our right to any Comments shall survive any termination of this User Agreement. Any such termination of the User Agreement shall not cancel your obligation to pay for the product already ordered from the Site or affect any liability that may have arisen under the User Agreement.
Limitation of Liability and Disclaimers:The Site is provided without any warranties or guarantees and in an "As Is" condition. You must bear the risks associated with the use of the Site. The Site provides content from other Internet sites or resources and while we try to ensure that material included on the website is correct, reputable and of high quality, it cannot accept responsibility if this is not the case. We will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Site. This disclaimer does not apply to any product warranty offered by the manufacturer of the product as specified in the product specifications. This disclaimer constitutes an essential part of this User Agreement. To the fullest extent permitted under applicable law, we or our suppliers shall not be liable for any indirect, incidental, special, incidental, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the Site, its services or this User Agreement.
The Parenting contains general information and discussion about medicine, health and related subjects. The information and views provided herein should not be treated as medical advice. The information on the Parenting is provided without any representations or warranties, express or implied. You must not rely on the information on the Parenting as an alternative to medical advice from your doctor or other professional healthcare provider. If you have any specific questions about any medical matter, you should consult your doctor or other professional healthcare provider. The Parenting includes interactive features that allow users to communicate with us. You acknowledge that because of the limited nature of communication through the Parenting's interactive features, any assistance you may receive using any such features is likely to be incomplete or not appropriate for your condition. As health and nutrition research continuously evolves, we do not guarantee the accuracy, completeness, or timeliness of any information presented on the Parenting.
Without prejudice to the generality of the section above, the total liability of FirstCry.com to you for all liabilities arising out of this User Agreement be it in tort or contract is limited to the value of the product ordered by you. BB or DARP, their associates and technology partners make no representations or warranties about the accuracy, reliability, completeness, currentness and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Site or that the operation of the Site will be error free and/or uninterrupted. Consequently, we assume no liability whatsoever for any monetary or other damage suffered by you on account of the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Site; and/or any interruption or errors in the operation of the Site.. You accept that, as a limited liability entity, Firstcry.com has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Firstcry.com officers or employees in respect of any losses you suffer in connection with the website.
Site Security:You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for you or logging onto a server or an account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding," "spamming," "mail bombing" or "crashing;" (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. FirstCry.com will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from FirstCry.com on this Site and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer).
MISCELLANEOUS:1. Force Majeure: Without prejudice to any other provision herein, we will not be liable for any loss, damage or penalty as a result of any delay in or failure to deliver or otherwise perform hereunder due to any cause beyond the our control, including, without limitation, acts of the End User, embargo or other governmental act, regulation or request affecting the conduct of FirstCry.com 's business, fire, explosion, accident, theft, vandalism, riot, acts of war, strikes or other labor difficulties, lightning, flood, windstorm or other acts of God.
2. Entire Agreement: This Agreement and any operating rules for the Website established by FirstCry.com constitute the entire agreement of the parties with respect to the subject matter hereof.
3. Waiver: No waiver by either party of any breach or default hereunder is a waiver of any preceding or subsequent breach or default. The failure of either party to exercise any of its rights under this Agreement shall not be deemed a waiver or forfeiture of such rights or any other rights provided hereunder.
4. Headings: The section headings used herein are for convenience only and shall be of no legal force or effect.
5. Severability: If any provision of this Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement and the remaining portions of this Agreement shall continue in full force and effect.
6. Governing Law: This Agreement will be governed by laws of India, subject to the Courts in Pune, without reference to conflict of laws principles, if any.
7. Payment Decline: We as a merchant shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time.
- 13.Cancellation Policy
Click here to view cancellation policy
- 14.Grievance Functionary
Please go to Contact us to raise/report issues around order, delivery, return, refund etc.
In accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below:
Mr. Mangesh Mahangare
Digital Age Retail Private Limited
Rajashree Business Park, 3rd Floor,
Survey No. 338 Next to Sohrabh Hall,
Tadiwala Road Pune – 411001, Maharashtra
- 4.Third Party Offers