You understand and agree that Momkidcare reserves the right to terminate Your registration and/or terminate Your right
to use the Momkidcare Web Platforms for any reason whatsoever, including without limitation, any act or omission in
effected without prior notice to You and You acknowledge and agree that Momkidcare may delete or deactivate Your account
Momkidcare Web Platforms have been designed to comply with the laws of India and hence We shall be governed by the laws
of India. If any material on the Momkidcare Web Platforms or Your use of the Momkidcare Web Platforms is contrary to the
laws of the country/state where You are when You access it, We ask You not to use the Momkidcare Web Platforms in
contravention of such law. You are responsible for being aware of the laws of Your jurisdiction and complying with them.
Further, the courts of NCT, New Delhi shall have exclusive jurisdiction in case of any preliminary relief sought in
respect of all the terms, conditions and disclaimers.
- You agree that this Agreement and any contractual obligation between Momkidcare and User will be governed by the
laws of India.
- In the event of a dispute arising out of or relating to this agreement, including any question regarding its existence,
validity or termination, the parties shall first seek settlement of that dispute through amicable negotiation between
If the dispute is not settled by negotiation within 15 days of first negotiation round or such further period as the
parties shall agree in writing, the dispute shall be referred to and finally resolved by arbitration under the India
Arbitration Rules, as given in Arbitration and Conciliation Act,1996 amended which Rules are deemed to be incorporated
by reference into this clause. The language to be used in the mediation and in the arbitration shall be English.
The governing law of the contract shall be the substantive law of India.
In any arbitration commenced pursuant to this clause,
- the number of arbitrators shall be one; and
- the seat or legal place, of the arbitration, shall be New Delhi.
Subject to the above Clause II, the courts at New Delhi shall have exclusive jurisdiction over any disputes arising
out of or in relation to this Agreement, your use of the Website or the Services or the information to which it gives
If any provision of the Agreement is held by a court of competent jurisdiction or arbitral tribunal to be unenforceable
under applicable law, then such provision shall be excluded from this Agreement and the remainder of the Agreement shall
be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms; provided
however that, in such event, the Agreement shall be interpreted so as to give effect, to the greatest extent consistent
with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court
of competent jurisdiction or arbitral tribunal.
Retention And Removal Of Information
MomKidCare may retain such information collected from Users from its Website or Services for as long as necessary,
depending on the type of information; purpose, means and modes of usage of such information; and according to the SPI
Rules. Computer web server logs may be preserved as long as administratively necessary.
Limitation Of Liability
In no event, including but not limited to negligence, shall MomKidCare or any of its directors, officers, employees,
agents or content or service providers (collectively, the "Protected Entities") be liable for any direct, indirect,
special, incidental, consequential, exemplary or punitive damages arising from or directly or indirectly related to,
the use of or the inability to use, the Website or the content, materials and functions related thereto, the Services,
User's provision of information via the Website, lost business or lost Users, even if such Protected Entity has been
advised of the possibility of such damages. In no event shall the Protected Entities be liable for:
- provision of or failure to provide all or any service by Practitioners to Users contacted or managed through the
- any content posted, transmitted, exchanged or received by or on behalf of any User or other persons on or through
- any unauthorized access to or alteration of your transmissions or data; or
- any other matter relating to the Website or the Service.
In no event shall the total aggregate liability of the Protected Entities to a User for all damages, losses and causes
of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from this
Agreement or a User's use of the Website or the Services exceed, in the aggregate ₹ 1000/- (Rupees One Thousand
In accordance with Information Technology Act 2000 and rules made thereunder, 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 policies or questions are published as under:
- Name: Dr Anil Bahuguna
- Address: 3rd Floor, 4, Shankar Vihar, Opposite Metro pillar no- 74, Vikas Marg, Delhi – 110092
- Phone: 01143060808
- Email Id: firstname.lastname@example.org
- Raise A Complaint