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.
The domain name www.firstcry.com including www.firstcry.com's Parenting services (hereinafter referred to as "Parenting") available through www.firstcry.com's mobile app ( hereinafter referred to as “Site” or “Website” or “Firstcry.com”) is registered in the name of BrainBees Solutions Private Limited a company incorporated under the Companies Act, 1956 (Hereinafter referred to as BB).
Digital Age Retail Private Limited, a company incorporated under Companies Act, 1956 holds a valid license, granted by BrainBees Solutions Private Limited, to use and operate the Website for its online retail business (Hereinafter referred to as DARP).
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.
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.
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.
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 store and on FirstCry.com (site and Apps) may differ
Applicability 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
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 checkout 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.
7.For the instant discount third party offers if the total order discount is at 19% and above post applying the third party offer discount, additional GST will not be paid by the customer.
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.
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 Duracell, Johnson's Baby, Nestle, Protinex, Bella, Sofy, Pediasure, Figaro, Saregama, Tango, Dabur, West Coast, Motorola, Binaca, Melissa & Doug, Horlicks, Shemaroo, DMR MiniWash, Foscam, Cherokee, Hamdard, Alex Daisy, Complan, Shumee, Bio Oil, Jane, Masilo, Fancy Fluff, IFITech, Dettol, Shesha Naturals, Dermadew, Emotix, TigerTech, Vaux, Joie, SeTracker, Ryca, Pureborn, U.S. Polo Assn., Avidia Labs, Osasbazaar, Jockey, U.S. Polo Assn. Kids, Colt, Donut, Karigari, Savlon, Boingg, Instax Fujifilm, ClassMonitor, Fisher Price by Tiffany, DuroFlex, Jade Toys, Havells, Whisper, Olay, Aveeno, Pantene, Head & Shoulder, Organic India, Simon & Schuster, Embassy Books, Pan Macmillan, Westland, Birkenstock, Volwco, Nooie, Skypearll, HP, Yamaha, CROSSBEATS, Crossloops, GOQii, JBL, Travel Blue, Lexingham / Travel Blue, Macmerise, Phillips, Portronics, Sekyo, STAUNCH, THINKERPLACE, Trakbond, Turet, Ultraprolink, WatchOut Wearables, Zebronics, Chicco, Campus,Crocs, Indian Terrain, Tommy Hilfiger, Allen Solly Juniors, Puma 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, Formula & Supplements or on purchasing any of the Guaranteed Savings Offer codes. They will only be earned on the products mentioned in the cashback promotions.
. 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 Duracell, Johnson's Baby, Nestle, Protinex, Bella, Sofy, Pediasure, Figaro, Saregama, Tango, Dabur, West Coast, Motorola, Binaca, Melissa & Doug, Horlicks, Shemaroo, DMR MiniWash, Foscam, Cherokee, Hamdard, Alex Daisy, Complan, Shumee, Bio Oil, Jane, Masilo, Fancy Fluff, IFITech, Dettol, Shesha Naturals, Dermadew, Emotix, TigerTech, Vaux, Joie, SeTracker, Ryca, Pureborn, U.S. Polo Assn., Avidia Labs, Osasbazaar, Jockey, U.S. Polo Assn. Kids, Colt, Donut, Karigari, Savlon, Boingg, Instax Fujifilm, ClassMonitor, Fisher Price by Tiffany, DuroFlex, Jade Toys, Havells, Whisper, Olay, Aveeno, Pantene, Head & Shoulder, Organic India, Simon & Schuster, Embassy Books, Pan Macmillan, Westland, Birkenstock, Volwco, Nooie, Skypearll, HP, Yamaha, CROSSBEATS, Crossloops, GOQii, JBL, Travel Blue, Lexingham / Travel Blue, Macmerise, Phillips, Portronics, Sekyo, STAUNCH, THINKERPLACE, Trakbond, Turet, Ultraprolink, WatchOut Wearables, Zebronics, Chicco, Campus,Crocs, Indian Terrain, Tommy Hilfiger, Allen Solly Juniors, Puma 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 Certficate 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 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.
Third Party Offers
Offer - SBI Credit Cards Offer
1. 5% Instant Discount on SBI Credit Cards.
2. Minimum Order Value: ₹1500.
3. Max Discount ₹500 Per Card, customers can do more than 1 trnx during the offer period until they reach the max cap ₹500 discount.
4. Duration: 15th January to 31st January 2022
SBI Standard TERMS & CONDITIONS
1. This Marketing Program (“Program”) is offered by SBI Card & Payment Services Ltd. (“SBICPSL”) under an
arrangement with Digital Age Retail Private Limited (“FirstCry”). It is open to all legal residents of India holding a valid and current SBI/Tata Credit Card (“Cardholder”) and to whom a communication is sent by SBICPSL and/or FirstCry.
2. The Validity of the Program (“Term”) is from 15th January 2022 (00:00 hrs) expiring on 31st January 2021 (23:59 hrs),(both days including) unless extended by SBICPSL and FirstCry by mutual consent in writing for a further period “additional term”.
3. Under this Program, cardholder can avail:
a. 5% Instant Discount at Firstcry.com or FirstCry Mobile App.
b. Minimum Transaction Amount: INR 1500.
c. Maximum Discount: INR 500 per card.
4. In case of full cancellation/return of your order, transaction will not qualify for the Offer under this program. If you cancel a part of your order, you will qualify for the Offer only on the net amount you pay on the basis eligibility.
Other Terms and Conditions:
1. The above Offer is by way of a special offer for SBI/Tata Credit Cardholders only excluding SBI/Tata Corporate
Credit Cardholders and nothing contained herein shall prejudice or affect the terms and conditions of the card member agreement between SBI and their Clients. The terms of the above Program shall be in addition to and not in derogation of the terms contained in the card member agreement.
2. Any query regarding the program will be entertained only till 28th February 2022. Post such date, SBICPSL &
FirstCry will not entertain any correspondence or communication in any manner whatsoever regarding this Program from any persons.
3. SBICPSL does not endorse any of the products or brands being offered under the Program and will not accept
any direct liability pertaining to the quality, merchantability, fitness, delivery or after sales service of such products which shall be at the sole liability to FirstCry
4. All the existing offers, gifts, discounts etc. that are being offered can be availed by the Cardholders as part of
this exclusive offer as mentioned in this communication.
5. Pictures of products shown in the communication sent to the customer either through mailers or advertised on
the website, are representative only and may not bear a resemblance to the actual products. None of the parties shall under any circumstances be responsible towards the same.
6. Products offered under this program are subject to availability from the respective participating merchants/sellers of FirstCry and accordingly SBICPSL in no circumstances shall be liable for non-availability of any of the products.
7. SBICPSL shall adhere, cater and ensure on best effort basis to perform the agreed terms and conditions of th program.
8. Under no circumstances will the offer/cashback being offered under this Program be settled with cash in lieu by SBICPSL or by FirstCry.
9. Returned transactions, disputed or unauthorized/fraudulent transactions will not be considered for the Offer.
10. SBICPSL will not entertain any correspondence regarding the validity or acceptability of any additional benefits
offered by FirstCry on products/services made available by it and the same shall be at the sole risk and consequences of FirstCry and without reference to SBICPSL.
11. All government Levies like Sales Tax, TDS, any Local Tax, Octroi etc., shall be payable by the Cardholder as
applicable at the time the respective Programs were offered.
12. This Offer shall be subject to all applicable laws, rules and regulations which are in existence and which may be
promulgated anytime by any statutory authority.
13. SBICPSL reserves 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 subject to intimation to FirstCry of such disqualification.
14. Any person availing this Offer shall be deemed to have accepted these terms and conditions.
15. SBICPSL and FirstCry reserve the right, at any time, without prior notice and without assigning any reason
whatsoever, to add/alter/modify/change or vary all of these terms and conditions or to replace, wholly or in part, this offer by another offer, whether similar to this Offer or not, or to extend or withdraw it altogether.
16. Delinquent SBI/Tata credit card members will not qualify for this Offer.
17. 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.
18. Nothing herein amounts to a commitment by SBICPSL to conduct further, similar or other Offers.ied out for the purpose of availing the benefits under the said Offer or otherwise by use of the Card subject to intimation to FirstCry of such disqualification.
19. Any disputes arising out of the Offer between SBICPSL and Cardholder shall be subject to arbitration by a sole
arbitrator to be appointed by SBICPSL for this purpose. The proceedings of the arbitration shall be conducted as per the provisions of Arbitration and Conciliation Act, 1996 and amendment thereof. The place of arbitration shall be at New Delhi, India and language of arbitration shall be English. The existence of a dispute, if any, shall not constitute a claim against SBICPSL or FirstCry or any of its affiliates.
20. SBICPSL may engage, hire, use the services of agent(s) and/or any third party(ies) for the purpose of providing
marketing or sales related services or any other related services in relation to its products on its behalf and the customer may be required to deal with such agents/third parties/service providers with respect to such product/services.
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.
Shop 'n' Earn Loyalty Cash
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.
IV.Disclosure of Account Information
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.
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.
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.
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.
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!
Access 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.
In 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 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 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 Content
Firstcry 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 Collection
We 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
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.
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.
As mandated by Regulation 3(2) of the Information Technology (Intermediaries Guidelines) Rules, 2011 (“IG Rules”), the Company hereby informs to Users that the User shall not permitted to host, display, upload, modify, publish, transmit, update or share any information that:
belongs to another person and to which you do not have any right ;
is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
harms minors in any way;
infringes any patent, trademark, copyright or other proprietary rights;
violates any law for the time being in force;
deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
impersonates another person;
contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
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.
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.
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.
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.
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.
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).
Suspicious Communication through phone calls, e- mails or messages
Firstcry does not run any contests that require you to pay to participate by paying through a link which is not connected to our Website or App or by giving your bank details for any lottery or cash transaction. Please do not believe any communication using Firstcry logo and branding requesting you to pay money in exchange for any gifts or prizes. Such fake communication could look like real emails from Firstcry and could direct you to a false website that looks like the FirstCry Website . Please do not provide your account information and password or any sensitive information as it could be used to commit fraud.
Do not open any attachments or click any links from suspicious emails or text messages.
Further, Firstcry will never e- mail or call you to disclose or verify your password, credit card or bank-account number, CVV, or any other personal information. If you get any such calls from a caller stating to be from Firstcry, please be alert when responding to such calls and never reveal sensitive information or details that can identify you. If you have ever responded to a suspicious call, e- mail or message and provided any personal or sensitive information, we urge you to immediately update your Firstcry password immediately and report such calls to the nearest police station. If you have provided financial information, you may want to contact your bank or credit card provider.
Note: Should you have any doubts regarding such suspicious communication, Contact us so we can help you. Always use customer care numbers displayed on our Website and do not access unknown links or websites for our customer care details.
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.