Terms & Conditions
Terms & Conditions
Welcome to Ed-a-mamma!
This is a platform where you can explore the world of Ed-a-Mamma, learn more about the brand story and the products we offer!
These Terms form a legally binding contract between us, Eternalia Creative & Merchandising Pvt. Ltd. (“Company / We / Us”) and the users of the Platform (“Users”).
By accepting these Terms or accessing the Platform, you consent, agree and undertake to abide, be bound by and adhere to the Terms.
If you do not agree to be bound by the Terms, please do not access or use the Platform.
(i) The Platform and/or the services provided through the Platform (“Services”) are available only to Users who can form legally binding contracts under law. By using the Platform or the Services, you represent and warrant that:
(a) You are at least eighteen (18) years of age and are not disqualified from contracting by law. If you are under the relevant age of majority, you may access the Platform and the services under the supervision of an adult and in accordance with applicable law;
(b) You are entering into these Terms out of your own free will and consent;
(c) Your use of the Platform and Services offered through it do not violate any applicable law and regulation.
2. Your use of the Platform and Services
(i) You agree to use the Platform and Services only for lawful purposes. Further, you agree not to take any action that might compromise the security of the Platform or the Services, or render the Platform or Services inaccessible to others or otherwise cause damage to the Platform or Services.
(ii) You agree not to add to, subtract from, or otherwise modify the Platform or to attempt to access any Services or to use the Platform or the Services in any manner that might interfere with the rights of third parties. We reserve the right to monitor your use of the Platform to ensure compliance with this clause.
(iii) Use of this Platform and the Services is unauthorized in any jurisdiction that does not give effect to all provisions of this Agreement.
(iv) Use of the Platform by you for any commercial purposes is absolutely prohibited. Unauthorized commercial advertisements, affiliate links and other forms of solicitation may be removed without notice and may result in termination of account.
3. User Content
(i) We may allow you to upload certain content on the Platform. You are solely responsible for the content shared by you on the Platform, including but not limited to, videos, photographs, images, artwork, graphics, audio clips, comments, data, text, software, scripts, projects, other material and information, and associated trademarks and copyrightable works (“Content”). We reserve the right to post such Content on the Platform and/or our social media platforms. Company does not endorse and has no control over such Content. We make no warranties, express or implied, as to the Content or to the accuracy, integrity and reliability of the Content.
(ii) You acknowledge that the Content is not confidential and that you have no expectation of privacy in it.
(iii) Because community and morality standards vary and individuals sometimes choose not to comply with our policies and practices, in the process of using our Platform, you may be exposed to Content that you find offensive or objectionable. You can contact us at [email protected] to let us know of Content that you find objectionable. We may investigate the complaints and violations of our policies that come to our attention and may take any action that we believe is appropriate, including, but not limited to, issuing warnings, removing the Content. However, because situations and interpretations vary, we also reserve the right not to take any action.
(iv) You agree that by providing Content on the Platform, you are hereby granting the Company a worldwide, royalty-free, perpetual, irrevocable, transferable license to use all such Content on the Platform or on any other website/social media account owned or managed by the Company or its affiliates. In the course of the Company’s offering Services pertaining to the Platform and waive any rights that you may have under Section 30A of the Copyright Act, 1957 (or any similar provision under any applicable law). Furthermore, you understand that the Company retains the right to reformat, excerpt or translate any Content submitted by you. You waive any and all moral rights that may subsist in any Content that you provide to the Company.
(v) We assume no responsibility for monitoring the Platform for inappropriate Content or conduct, no obligation to modify or remove any inappropriate Content and no responsibility for the conduct of the user submitting any such Content.
4. User Conduct
(i) While using this Platform or the Services, you shall not host, display, upload, modify, publish, transmit, update or share any information, including any Content (as defined below) that:
(a) belongs to another person and to which you don’t have any right;
(b) 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;
(c) harm minors in any way;
(d) infringes the intellectual property or intellectual property rights in the Platform, its technology and/ or its Services;
(e) infringes any intellectual property rights of any third party;
(f) violates any law for the time being in force;
(g) deceives or misleads the addressee about the origin of messages or communicates any information which is grossly offensive or menacing in nature;
(h) use the Platform or its Services to defame, abuse, solicit, harass, stalk, threaten or otherwise violate the legal rights of any person;
(i) impersonate another person;
(j) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
(k) threatens the unity, integrity, defense, 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;
(l) engage in any fraudulent, abusive or illegal activity, including but not limited to any communication or solicitation designed or intended to fraudulently obtain the password or any private information of any person;
(m) reverse engineer, decompile, disassemble, copy, reproduce, distribute, sell, modify, transmit, perform, publish or create any derivative work from or in any way exploit the Platform or its Services for any commercial purpose without express written consent of the Company or as permitted by the Terms;
(n) store and/or display and/or publish any adult or offensive content, which without limitation includes pornography, erotic images, or otherwise lewd or obscene content. The designation of "adult content" is left entirely to the Company’s discretion;
(o) attacks or attempt to gain unauthorized access to servers and services that belong to the Company (i.e. computer hacking) or engage in any network abuse;
(p) participate in a behavior which affect users' access to the Platform or Service;
(ii) By using the Platform and/ or the Services, you agree to accept, unconditionally, the complete liability for any action arising from your use of the Platform and/or Services. We reserve the right to take appropriate action, including suspension or termination of your access to the Platform and/or the Services if we have reasonable grounds to believe or are made aware that you are using the Platform or the Services in a manner that is in breach of the Terms or applicable laws. In addition, you agree, unconditionally, to indemnify us from any liability or cost arising from any action or inaction by you with respect to your use of the Platform or Services.
Company reserves the right to place advertisements and publicity materials of its choice, including that pertaining to third parties for commercial use on the Platform.
6. Intellectual Property
(i) Rights of Company
(a) You acknowledge and agree that all the rights, title and interests in the Platform, and/or the Services, and all the intellectual property rights therein or related thereto are solely and absolutely owned by Company. All such rights, title and interests shall continue to vest with Company during and after the term of this Agreement.
(b) All intellectual property including in relation to the domain name www.edamamma.com any trademarks, logos, images and other content available on the Platform belongs exclusively to Company and/or its licensors. Through your use of the Platform, by no means is any proprietary right in any intellectual property impliedly or expressly granted by Company to you. Company reserves all rights not expressly granted to the User under these Terms. You may not copy, imitate or use, in whole or in part, without the prior written permission of Company or wherever applicable, the owner of the intellectual property any trademarks, domain name, logos, images and other content available on the Platform;
(a) Company grants Users a limited, royalty-free, non-transferable (except in the case of a parent/legal guardian-minor relationship), non-sub-licensable, revocable right to use the Platform only for non-commercial purposes.
7. Disclaimer of Warranties
You agree that use of the Services and the access to the Platform is at your own risk. The Services including the Platform, the Content, and any other materials contained on or provided through the Platform are provided "AS IS" and, to the fullest extent permitted by law, are provided without warranties of any kind, either express or implied. Without limiting the foregoing, the Company does not make any warranties of fitness for a particular purpose, title, merchantability, completeness, availability, security, compatibility or non-infringement; or that the Services will be uninterrupted, free of viruses, malware or other harmful components, accurate, error free or reliable.
8. Limitation of Liability
IN NO CASE SHALL THE COMPANY, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, PRINCIPALS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE SERVICES OR ANY CONTENT OR MATERIAL THEREOF OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR ACCESS OF THE SITE OR USE OF THE SERVICES OR ANY CONTENT OR MATERIAL THEREOF, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT OR MATERIAL, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT OR MATERIAL THEREOF, EVEN IF ADVISED OF THEIR POSSIBILITY. THE COMPANY’S MONETARY LIABILITY FOR THE SERVICES OR THE CONTENT OR MATERIAL THEREOF ON THE SITE SHALL BE LIMITED TO INR 1000.
You agree to defend, indemnify and hold harmless the Company, its affiliates, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys' fees) arising from: (i) your use of and access to the Services; (ii) your violation of any term of these Terms and Conditions; (iii) your violation of any third party right, including without limitation any publicity, privacy, or intellectual property right; and (iv) your breach of any applicable laws. This indemnification obligation will survive the expiry or termination of these Terms and Conditions and your use of the Service.
10. Governing Law and Jurisdiction
The relationship between You and the Company shall be governed by the laws of India without regard to its conflict of law provisions and for resolution of any dispute arising out of Your use of the Services. Notwithstanding the foregoing, you agree that (i) the Company has the right to bring any proceedings before any court/forum of competent jurisdiction and you irrevocably submit to the jurisdiction of such courts or forum; and (ii) any proceeding brought by you shall be exclusively before the courts at Mumbai, India.
If any provision of these Terms and Conditions is held invalid, void, or unenforceable, then that provision shall be considered severable from the remaining provisions, and the remaining provisions given full force and effect.
The Company reserves the right, at any time and from time to time, without prior notice to you, to update, revise, supplement, and otherwise modify these Terms and to impose new or additional rules, policies, terms, or conditions on your use of the Service. Any updates, revisions, supplements, modifications, and additional rules, policies, terms, and conditions (collectively referred to in this Terms as "Revised Terms") will be posted on the Platform and will be effective immediately after such posting. We recommend that you periodically check the Platform for the Revised Terms. Your continued use of the Services will be deemed to constitute your acceptance of any and all such Revised Terms.
You acknowledge that your representations, undertakings, and warranties and the clauses relating to indemnities, limitation of liability, grant of license, governing law, confidentiality shall survive the efflux of time and the termination of these Terms.
14. Entire Agreement
The Terms constitute the entire agreement between you and the Company governing your use of the Services, superseding any prior agreements between you and the Company regarding such use.
15. Contact Us
In accordance with Information Technology Act, 2000, the Consumer Protection Act, 2019 and rules made there under, the name and contact details of the Grievance Officer are provided below who can be contacted with respect to any complaints or concerns including those pertaining to breach of the Terms and other policies or questions:
Grievance Officer: Arif Khatri
Email address: [email protected]
Contact No.: 022-49762994
Address: Eternalia Creative and Merchandising Pvt Ltd, 183, 5B, Mittal
Industrial Estate, Andheri Kurla Rd, Andheri (E), Mumbai - 400 059
We offer a hassle free 15 day return policy on our returnable** products. If you do not like a product or it does not fit well or there is some other issue with a product, then we will refund the product amount back to the original form of payment. Please follow these steps to initiate a return:
1.You can simply login to your Ed-a-Mamma account and schedule a reverse pick up yourself, alternately you can email us at [email protected] within 15 days of receiving the product. Please mention your order number and the product you want to return.
2. Once we receive your request, we will initiate the pickup from the shipping address mentioned in your original order.
3. Please hand over the product to our logistics partner when they come to your doorstep. Please note the product must be unused and unwashed for hygiene reasons. Also the product tags should be intact with its original packaging, else we will not be able to process your return. Products usually get picked up within 2-5 days from the day the request is initiated and another 3-5 days for it to reach our return centre.
4.After we receive the return, the product will go through a quality check. After the product passes the quality check, we will issue a refund to the original mode of payment. It may take up to 7-10 business days for the refund to reflect in your account. In case of COD orders, we will need your bank account details to process the refund.
5.In case you want to return a product, please send it to the following address: Eternalia Creative & Merchandising Pvt. Ltd., Mittal Industrial Estate, Andheri East, Mumbai 400059
**Used, washed, damaged or laundered products can not be returned. Products tags and original packing must be intact to avail return.
•We offer reverse pick up for the majority of pincodes in India. But if reverse pick up is not available for your pincode, then we would request you to send the product back to us (at your own expense) at the following address: Eternalia Creative & Merchandising Pvt. Ltd., Mittal Industrial Estate, Andheri East, Mumbai 400059
•We do not offer exchanges. We encourage you to go ahead and place a new order for a different size as needed.
•Images on the website are professionally clicked due to which sometimes the colour of the actual product may vary from the image taken.
•Sometimes product measurements can vary by 1-2 inches since the method of taking measurements is variable.
•Shipping charges are not refundable.
•Taxes, duties & charges are not refundable.
•In case a product is missing from your shipment or a product is damaged in transit, please email us at [email protected] within 48 hours of the receipt of the shipment for us to investigate further.
An order can be cancelled until the order is dispatched. Please email us at [email protected] to cancel your order. If the order is shipped, we can not cancel the order. In case you reject a COD order, we will not be able to offer you COD service for any subsequent order.