Terms Of Use

This document is an electronic record in terms of the Information Technology Act, 2000 and shall be deemed to be a valid contract formed through electronic means. IncNut Digital Private Limited, a company registered under the Indian Companies Act, 2013 with its place of business at Hyderabad and operating under its trade name “MomJunction” ( “Incnut”, “MomJunction” or  “We” or  “Us” or  “Our”)

In terms of Rule 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011, we publish the rules and regulations, Privacy Policy and Terms and Conditions of Use  (“Terms”)  for accessing/using/browsing www.momjunction.com as well as downloading and using its mobile app. The website and the app are hereinafter collectively referred to as our “Web Platforms” .

Please note that when you use the products, services and app of MomJunction through our Web Platforms, you agree to its Terms of Use and Privacy Policy. Hence, please take a few minutes to go through them carefully. We reserve our rights, at our sole discretion, to change, modify, add or remove portions of these Terms, at any time without any prior written notice to you. Your continued use of our Web Platforms will mean that you accept and agree to the changes.

Who can use our Web Platforms

Any person who is at least fifteen (15) years of age and capable of entering, performing and adhering to these terms, and agree to be bound by the following terms and conditions can use our Web Platforms. However, anyone under the age of 15, is also eligible to register on MomJunction, provided you, the parent/guardian, give your consent and agree to be bound by these Terms of Use and its Privacy Policy with respect to MomJunction.

Creating an account on MomJunction

When you create your MomJunction account, you need to provide accurate and complete information. You will be responsible for preserving the confidentiality of your password, and for all the actions of person/s accessing any of our sites through any password assigned to you. You will notify us immediately of any known or suspected unauthorized use of your account.

Business/Institute/Organization use of MomJunction

If you are using MomJunction on behalf of a business, institution, organization or other entity, you are still individually bound by this agreement, even if your company has a separate agreement with us. Additionally, you represent and warrant that you are authorized to grant all permissions and licenses provided in these terms and bind the entity to these terms, and that you agree to these terms on the entity’s behalf.

It is against our Terms of Use to represent other businesses or brands without authority and MomJunction will not be held responsible for misleading and illegal representation of a brand, person or entity.

User Guidelines

You agree to use our services only for lawful purposes. If you have an account with MomJunction, you have complete access to all basic features such as searching for clipbooks, viewing public content, sharing, commenting and creating clipbooks. If you do not have an account with MomJunction, your access will be limited to searching for and viewing the public clipbooks.

You agree not to use our site to post or collect materials that are:

  • False, inaccurate and/or misleading
  • Likely to infringe any third party’s copyright, patent, trademark, or other proprietary rights or rights of publicity or privacy
  • Illegal or violate any law in force
  • Threatening or harassing
  • Obscene, gory or contain any kind of pornography
  • Excessively violent or prompting harm to self or others
  • Content that qualifies as phishing or spam or that might abuse or present a security threat to MomJunction.
  • Likely to contain any viruses, or other computer programming routines intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information
  • Likely to interfere with the ability of others to use our site

You agree not to:

  • Sell, sponsor, or otherwise monetise any other service or functionality of MomJunction, without the express written permission of MomJunction
  • Create a member profile for anyone other than a natural person
  • Post unwanted/unsolicited messages in content, comments etc., with a commercial intent
  • Use MomJunction’s name, logo, trademark or branding without our prior approval
  • Break or circumvent our security measures or otherwise test the vulnerability of our systems or networks
  • Collect or store personally identifiable information from MomJunction or its users without permission
  • Sell or otherwise transfer your username for compensation
  • Directly compensate users for following or unfollowing
  • Create or display ads/campaigns/properties that look like or could be confused with MomJunction content

Any unacceptable use of our service may result in immediate termination of your account and suspension of service access in the future.

Content

MomJunction offers various types of services on our platform that may be protected by one or more laws regarding intellectual property. Content published on this platform is the sole property of the creator of the content and may be protected by copyrights, trademarks and other intellectual and proprietary rights. You may use our content for your personal, non-commercial purposes. However, you shall not reproduce, distribute, or otherwise use any of the materials without the prior written consent of the rights holder. You are completely responsible for determining if any of the content on our site is or is not protected by intellectual property rights. You are free to link to information on our site and encourage others to access the content on our site. You may establish a hypertext link to our site so long as the link does not state or imply any sponsorship or endorsement of your site by us. MomJunction provides links and access to third party content. You are completely responsible for ensuring that you do not violate any intellectual property and/or other rights of the third parties.

Your Content

MomJunction allows you to post content such as photos, comments, videos, articles and other material. Anything that you post or otherwise make available on our platforms is referred to as ‘user content’. You solely own the rights to the content you create and post on MomJunction and you assume complete responsibility for it. You accept all risk associated with your published content, including issues related to accuracy and/or legal claims. You agree that you have the necessary rights to the content that you publish on MomJunction, and that doing so doesn’t conflict with any licenses you may have granted to others. While you still own this content, you also grant MomJunction a license to the content and/or information you provide us. In addition, you grant MomJunction and its users a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to use, store, display, reproduce, re-clip, modify, create derivative works, perform and distribute your user content on MomJunction. It may also include promoting your content on social media, partner companies and services for distributing your content. Nothing in these terms shall restrict other legal rights MomJunction may have, to user content. We do not moderate anyone’s content, but we reserve the right to modify or remove user content for any reason, including what we believe violates these terms or our policies. MomJunction does not assume any liability for anything that you or anyone else publishes on our site.

Third-party links, sites, and services

Our products may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by MomJunction. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third party website, service, or content from MomJunction, you do so at your own risk and you agree that MomJunction will have no liability arising from your use of, or access to any third-party website, service, or content.

Contests / Promotions

On occasions, we may organise contests and other promotions in association with a sponsor. By participating in a promotion, you submit to that promotion’s terms and conditions, including providing us with permission, if required, to share your personally identifiable information with a particular sponsor

Privacy

Our Privacy Policy explains how we collect, store and use the information you provide us, including personal information.

Our Privacy Policy may be updated from time to time. By continuing to use our site, you accept our updated and/or revised policy. Hence it is advisable to check it from time to time.

Security

MomJunction is truly concerned about the security of our properties. While we take all necessary measures to protect the security of your content and information, we cannot guarantee that unauthorized third parties will be unable to breach the security of our site. If you discover that your account has been compromised in any manner, you should let us know immediately. This will help us take appropriate action to improve our security measures.

To report a security breach, please email us at service@momjunction.com

Copyright

MomJunction respects the intellectual property rights of others and expects its users to do the same. If you are concerned that there is a copyright or other intellectual property rights violation/infringement, please write to us at service@momjunction.com. MomJunction will, at its sole discretion, take appropriate action, including removal of the disputed material from our site. MomJunction reserves the right to disable and/or terminate the accounts of users who repeatedly infringe or have been repeatedly charged with infringing the copyrights, and/or intellectual property rights of others.

Changes to Terms of Use

MomJunction may add to or change or update this Terms of Use from time to time, entirely at our own discretion. You are responsible for checking these Terms of Use periodically to remain in compliance with these terms. Your use of the site after any amendment to the Terms of Use shall constitute your acceptance to these terms, and you also agree to be bound by any such changes/revisions.

Additional Services

MomJunction also offers a platform that facilitates users (both account holders and guests) to purchase/subscribe to products/services that we may offer, using a payment gateway. All payments made against the purchases/services shall be compulsorily in INR or any other currency acceptable in the Republic of India. You, as a buyer, understand that upon initiating a transaction, you are entering into a legally binding and enforceable contract with us to purchase the products and/or services from us, using the payment facility, and you shall pay to us the transaction price, through your issuing bank using payment gateway.

While availing any of the payment method/s available on our site, MomJunction will not be responsible or assume any liability whatsoever, with respect to any loss or damage arising directly or indirectly to you due to:

  • Lack of authorization for any transaction/s
  • Exceeding the preset limit mutually agreed upon by and between you and your bank
  • Any payment issues arising out of the transaction
  • Decline of transaction for any other reason/s

You understand, accept and agree that the payment facility provided by MomJunction is neither a banking nor a financial service, but is merely a facilitator providing an electronic, automated online electronic payment system, receiving payment for the transactions on the site, via the authorized banking infrastructure and credit card payment gateway networks. Further, by providing a payment facility, MomJunction is neither acting as a trustee nor acting in a fiduciary capacity with respect to the transaction or the transaction price. You, as the buyer, understand that any payment made to us for purchase is non-refundable; however the company can take reversal decisions based on the merit of a case, and any such decision shall be at our sole discretion. Any occurrence of transaction or payment failure caused due to technical reasons would be reversed in the same account and through our bank, subject to the set rules laid down by our banker/s in such cases. Such refund shall be made in INR only and shall be equivalent to the transaction price received in INR.

Healthcare, Skincare and Wellness advises

The Contents and Services on MomJunction, such as text, graphics, images, information obtained from MomJunction’s licensors, and other material related to the Healthcare, Skincare and Wellness advises are for informational purposes only.

The content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified healthcare provider with any question you may have regarding a medical condition.

If you think you may have a medical emergency, call your doctor immediately. MomJunction or its advisors do not recommend or endorse any specific tests, physician, products, procedures, opinions, or other information that may be mentioned on the Services. Reliance on any information provided by MomJunction, its employees, others appearing on the Services at the invitation of MomJunction, or other visitors to the Services is solely at your own risk.

Indemnity

You agree to hold us and our affiliates, agents and licensors harmless from any claim that may arise from your use of any of our sites.

Disclaimer of Warranties

MomJunction is provided “as is” and “as available” without any warranties, express or implied.

You agree that the use of MomJunction platforms is at your sole risk and that you are solely responsible for any damage or loss resulting from use of material, information and/or data on MomJunction. MomJunction, its affiliates, agents and licensors cannot and do not warrant the accuracy, completeness, relevance, non-infringement, merchantability, or fitness for a particular purpose of the information, content and services available through our platforms. MomJunction does not guarantee our platforms to be error-free, secure, continuously available or free of viruses or other harmful components. MomJunction is not a substitute for professional services or advice. Neither MomJunction nor its users, while participating in MomJunction are engaged in rendering legal, medical, counselling or other professional services or advice. MomJunction, its affiliates, agents, and licensors make no warranty regarding any goods or services referred to, advertised on, or obtained through our platforms, other than those express warranties MomJunction itself specifically makes on its Web Platforms.

Limitation of Liability

To the maximum extent permitted by law, MomJunction will not be liable for any indirect, incidental, special, consequential or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (a) your access to or use of or inability to access or use the products; (b) any conduct or content of any third party on the products, including without limitation, any defamatory, offensive or illegal conduct of other users or third parties; or (c) unauthorized access, use or alteration of your transmissions or content.

Potential disruption of services

Access to MomJunction may, on occasions, be unavailable, delayed, limited or slowed due to damage caused by severe weather, earthquakes, wars, insurrection, riots, terrorism, civil commotion, act of God, accident, fire, water damage, explosion, mechanical breakdown or natural disasters. If access to our site is unavailable, delayed or limited, or if our site does not operate quickly and efficiently, you may be unable to transmit your instructions for transactions and other matters, or such instructions may not be promptly executed or you may be unable to retrieve information on a timely basis. If your operations are dependent on such communications with us, and such communications are disrupted or delayed, you may suffer losses. MomJunction will not be liable for any such loss.

Discontinuance, Modification & Restrictions

MomJunction may discontinue, change, suspend or restrict access to any of our sites or any portion of our sites at any time without liability to you or any third party.

Applicable Law & Exclusive Jurisdiction

Terms of Use shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall be exclusively in Hyderabad.

Greviance Officer

In accordance with the Act, the name and contact details of the Grievance Officer who can be contacted with respect to any complaints or concerns including those pertaining to breach of these Terms, and other polices or questions are published as under:

Greviance officer name: Vijaya Saradhi Nidamanuri

E-mail address: service@incnut.com

[10:00 AM to 6:00 PM from Monday to Friday except public holidays]

Our entire agreement

Our Terms of Use and Privacy Policy constitute the entire understanding between you and MomJunction. If a part of this agreement is deemed unenforceable, the remaining provisions of the agreement will remain in full force and effect.

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