Terms & Conditions
1. General
1.1 Upadhyaya Enterprises (“Gloria”, “we”, “our”, or “us”), a company incorporated under the laws of India with its registered office at 693/1, Ward Number-3, Mehrauli, New Delhi, Pin - 110030, owns and operates the website sheandmom.com, including its mobile and/or tablet applications (collectively referred to as the “Platform”). Through this Platform, we facilitate the sale and purchase of various products (“Product(s)”) to our customers (“Customer,” “User,” “you,” or “your”).
1.2 These Terms and Conditions (“Terms”), along with our Privacy Policy, Shipping Policy, Returns and Exchanges Policy, and any other guidelines posted on the Platform (collectively, the "Agreement"), govern your use of the Platform and the sale and purchase of Products. This Agreement forms a legally binding contract between Upadhyaya Enterprises and you, the User, within the scope of Section 10A of the Information Technology Act, 2000, read with the Indian Contract Act, 1872.
1.3 Only persons who can enter into legally binding contracts as per the Indian Contract Act, 1872—that is, persons who are 18 years of age or older, are of sound mind, and are not disqualified from entering into contracts by any law—can use and access the Platform. If you are a minor (under the age of 18), you may use the Platform only with the involvement and under the supervision of a parent or legal guardian. We reserve the right to terminate your access if it is discovered that you are a minor transacting on the Platform without such supervision.
1.4 Your access to the Platform and any offers or promotions may be governed by other specific terms and conditions or policies (“Additional Terms”). If these Terms are inconsistent with such Additional Terms, the Additional Terms will prevail to the extent of the inconsistency for the applicable Product or offer.
1.5 These Terms and Conditions constitute an electronic record under the Information Technology Act, 2000, and the rules made thereunder. This electronic record is generated by a computer system and does not require any physical or digital signatures. Please read these Terms carefully. By using or accessing the Platform, you signify your unconditional agreement to be bound by these Terms. If you do not agree, we advise you not to use or access the Platform.
2. Registration and Operation of your User Account
2.1 To use certain features of the Platform, you will need to register for an account (“Account”). Registration is a one-time process. You agree to provide information that is true, correct, up-to-date, and accurate. This information, including your name, email address, and physical address, is referred to as “Account Information.”
2.2 You are solely authorized to operate the Account created by you. It is your responsibility to maintain the confidentiality of your Account Information and password and to restrict access to your device to prevent unauthorized access. You must keep your Account Information accurate and up-to-date at all times.
2.3 You agree to: (a) immediately inform us of any unauthorized use of your Account or any other security breach; and (b) ensure that you log out of your Account at the end of each session. We will not be liable for any loss or damage arising from your failure to comply with these obligations. You may be held liable for any losses incurred by us or any other user due to unauthorized use of your Account resulting from your failure to keep your Account Information secure. We reserve the right to refuse access to the Platform, terminate accounts, or remove or edit content at any time without notice to you.
3. Promotional Communication and Opting Out
3.1 You understand that once you have shared your Account Information and registered on the Platform, you may receive SMS or email notifications from Gloria relating to your registration, transactions, and any marketing or promotional activities.
3.2 By registering on the Platform and/or verifying your contact number with us, you explicitly consent to receive marketing and promotional communications (via call, SMS, email, or other electronic means) from us or our authorized representatives regarding new services or offerings.
3.3 You can unsubscribe or opt-out from receiving marketing communications from us at any time by following the instructions provided in such communications or by contacting us.
4. License and Access to Platform
4.1 Your use of the Platform and access to its content is subject to a limited, revocable, and non-exclusive license granted to you upon registration. This license does not include the right for: (a) resale of Products or commercial use of the Platform or its content; (b) any collection and use of product listings, descriptions, or prices for commercial purposes; (c) any derivative use of the Platform; (d) any downloading or copying of Account Information for the benefit of another merchant; or (e) any use of data mining, robots, or similar data gathering and extraction tools.
4.2 You grant us a royalty-free, perpetual, irrevocable, non-exclusive right and license to adopt, publish, reproduce, transmit, distribute, copy, use, create derivative works from, and display worldwide any material you post on the Platform, including reviews, comments, or posts on social media, without additional approval or consideration.
4.3 Please note that Gloria reserves the right to refuse your access to the Platform, terminate your license to use the Platform, and terminate or deactivate your account at its sole discretion, without any prior notice.
5. Terms of Sale on the Platform
5.1 The listing and display of Products on the Platform is our invitation to you to make an offer for purchase. Your placement of an order constitutes your offer to buy the Product(s) from us.
5.2 Once you place an order, you will receive an email or SMS confirming receipt of your order (“Order Confirmation”). This confirmation is merely an acknowledgment that we have received your order and does not signify our acceptance of your offer.
5.3 We only accept your offer and conclude the contract of sale for a Product when the Product is shipped or dispatched to you, and a subsequent email or SMS confirmation is sent to you confirming this (“Shipment Confirmation”). We reserve the right, at our sole discretion, to refuse or cancel any order for any reason before sending the Shipment Confirmation.
5.4 You confirm that the Product(s) ordered by you are for your personal use and not for resale or any business purpose. You can return or exchange an order after delivery, subject to our Returns and Exchanges Policy.
5.5 All orders are subject to the availability of the Product, our acceptance of your offer, and your adherence to these Terms. All orders will be processed only after payment has been successfully completed. Delivery charges, if any, will be clearly indicated on the Platform during checkout.
5.6 We will not be liable for any form of payment fraud. The liability for any fraudulent use of a payment card shall always be on the owner of the card. You represent and warrant that all details you provide for purchasing goods are true, accurate, and complete, and that the payment instrument you are using is your own with sufficient funds to cover the payment.
6. Personal Information
During your use of the Platform, we may collect and store personally identifiable information about you. Our collection, storage, use, and disclosure of this information are governed by our Privacy Policy, which is incorporated into these Terms by reference. If you do not agree with the terms of our Privacy Policy, we advise you not to use or access the Platform.
7. Wallet Terms and Conditions
Please refer to our Wallet Policy for full details on how our Wallet program works, how to earn and use wallet balance, and the applicable restrictions.
8. Content on Platform
8.1 All information, content, material, text, graphics, images, logos, and the design and arrangement of content on the Platform are the property of Upadhyaya Enterprises or its affiliates and are protected under copyright, trademark, and other applicable laws.
8.2 No information or material from the Platform may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed for any commercial purpose without our express written permission. You may not use any meta tags or "hidden text" utilizing Gloria’s name or trademarks without our express written consent. Any unauthorized use terminates the permissions granted in these Terms.
9. Disclaimers
9.1 We will try to make access to the Platform error-free and uninterrupted. However, your access may be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new services.
9.2 The Platform and all Products are provided on an “as is” and “as available” basis without any representations or warranties, express or implied, except as otherwise specified in writing.
9.3 While we make reasonable efforts to provide accurate visual representations, we disclaim any guarantee of the exactness of such representations (e.g., color, fit) with the actual Product delivered to you.
9.4 We are not responsible for the content of any third-party sites linked on the Platform and does not make any representations regarding the content or accuracy of material on such sites.
10. User Warranties and Restrictions
10.1 You represent and warrant that: (a) your use of the Platform will not violate any applicable law; (b) all information you submit is true and lawful; and (c) any content you supply does not breach our policies and will not cause injury to any person or entity.
10.2 You are prohibited from hosting, displaying, uploading, modifying, publishing, or sharing any information that:
- Belongs to another person and to which you do not have any right.
- Is harmful, harassing, defamatory, obscene, pornographic, or otherwise unlawful.
- Harms minors in any way.
- Infringes any patent, trademark, copyright, or other proprietary rights.
- Violates any law for the time being in force.
- Contains software viruses or any other computer code designed to interrupt, destroy, or limit the functionality of any computer resource.
11. Indemnification and Limitation of Liability
11.1 You agree to indemnify, defend, and hold harmless Upadhyaya Enterprises, its affiliates, officers, directors, and employees from any third-party claims, losses, liabilities, or damages arising from your use of the Platform or violation of these Terms.
11.2 To the fullest extent permitted by law, in no event shall Gloria be liable for any indirect, incidental, special, or consequential damages. Our total aggregate liability to you for any claims arising from your use of the Platform shall not exceed the total value of the single order that is the subject of the dispute.
12. Governing Law and Dispute Resolution
These Terms and all transactions are governed by the laws of India. Any dispute shall be subject to the exclusive jurisdiction of the competent courts in Delhi, India.
13. Grievance Redressal
In compliance with the Information Technology Act, 2000 and the Consumer Protection (E-Commerce) Rules, 2020, we have a dedicated grievance redressal mechanism.
Grievance Officer:
- Name: R.K. Upadhyaya
- Designation: Grievance Officer
- Email: legal@sheandmom.com
The Grievance Officer will acknowledge any complaint within forty-eight hours and will redress it within one month from the date of receipt.
14. Amendment
These Terms are subject to amendments and may be updated from time to time without advance notice. You are requested to regularly review the Terms on the Platform. Your relationship with us will be governed by the most current version of these Terms.
15. Customer Support Team
For any queries or concerns, you may contact our customer support team at:
- Email: support@sheandmom.com
- Phone / WhatsApp: +91-922 0707 977
- Hours: Monday to Saturday, 10:00 AM – 6:00 PM (IST)