1. Accepting These Terms
2. Those Other Documents We Mentioned

3. Your Privacy

4. Your Account with Momskart

5. Your Content

6. Your Use of Our Services

7. Termination

8. Warranties and Limitation of Liability (or the Things You Can’t Sue Us For)

9. Indemnification (or What Happens If You Get Us Sued)

10. Disputes with Other Users

11. Disputes with Momskart

12. Changes to the Terms

13. Some Finer Legal Points

14. Contact Information

Momskart is a unique marketplace. Buyers come here to purchase Handmade items and delicacies that they might not find anywhere else within their city. Everything listed for sale on Momskart must be handmade, Homemade, or food items with longer shelf life, made in a safe hygienic environment.

Even if they otherwise meet our marketplace criteria, prohibited items, services, and items that violate our intellectual property policies are not allowed to be sold on Momskart. Reselling is not allowed in the handmade category on Momskart. Reselling refers to listing an item as homemade when you were not involved in preparing or making that item. Keep in mind that members may flag listings that appear to violate our policies for Momskart's review. Momskart may remove any listings that violate our policies. Note that listing fees | Packing Material Fees | are non-refundable ( If applicable ). Momskart may also suspend or terminate your account for any violations. You’ll still be on the hook to pay any outstanding fees on your Momskart statement. You can find more information on our Fees & Payments Policy.

At Momskart, we value transparency. Transparency means that you honestly and accurately represent yourself, your items and your business, By selling on Momskart, you agree that you will:

1. Provide honest, accurate information in your About section.
2. Accurately represent your items in listings and listing photos.

3. Respect the intellectual property of others. If you feel someone has violated your intellectual property rights, you can report it to Momskart.

4. Not engage in fee avoidance.

5. Not create duplicate accounts or take any other action (such as manipulating clicks, carts or sales) for

 the purpose of manipulating search or circumventing Momskart's policies.

6. Not coordinate pricing with other sellers..

Messages  You can use Momskart Messages (“Messages”) to communicate directly with your buyers or other Momskart members. Messages are a great way for buyers to ask you questions about an item or an order.

 Messages may not be used for the following activities:

1. Sending unsolicited advertising or promotions, requests for donations or spam;

2. Harassing or abusing another member or violating our Anti-Discrimination Policy;

3. Contacting someone after they have explicitly asked you not to; or

4. Interfering with a transaction or the business of another member.

Interference

Interference occurs when a member intentionally interferes with another member’s shop in order to drive away their business. Interference is strictly prohibited on Momskart. Examples of interference include:

1. Contacting another member via Momskart Messages to warn them away from a particular member, shop, or item;

2. Posting in public areas to demonstrate or discuss a dispute with another member;

3. Purchasing from a seller for the sole purpose of leaving a negative review;

4. Maliciously clicking on a competitor's Promoted Listings ads in order to drain that member's advertising budget, also known as 'click fraud'.

Harassment

Any use of Momskart Messages to harass other members is strictly prohibited. Similarly, Messages may not be used to support or glorify hatred or otherwise violate our Anti-Discrimination Policy. If you receive a message that violates this policy, please let us know right away.

You are responsible for protecting members’ personal information you receive or process, and you must comply with all relevant legal requirements. This includes applicable data protection and privacy laws that govern the ways in which you can use Momskart user information. These laws may require that you post and comply with your own privacy policy, which must be accessible to Momskart users with whom you interact. Your privacy policy must be compatible with this policy and Momskart’s Terms of Use.

In particular, when you sell using our Services (subject to this Policy) or use Momskart’s API (also subject to the Momskart API Terms of Use), you may receive and determine what to do with certain personal information, such as when communicating with users and entering into transactions with buyers. This means you process personal information (for example, buyer name, email address, and shipping address) and, to the extent you do so, under law, you are an independent controller of data relating to other users that you may have obtained through the Services. You are responsible for protecting user personal information you receive or process and complying with all relevant legal requirements when you use the Services. This includes applicable data protection and privacy laws that govern the ways in which you can use a user’s information. Such laws may require that you post, and comply with, your own privacy policy, which must be accessible to Momskart users you interact with and compatible with this policy and Momskart’s Terms of Use. As a data controller (that is someone who decides what personal data is collected and the purpose you’ll use the data for) to the extent that you process user personal information outside of the Services, you may be required under applicable data protection and privacy laws to honor requests received from such users for data access, portability, correction, deletion, and objections to processing. Also, if you disclose personal information without the buyer’s proper consent, you are responsible for that unauthorized disclosure. This includes, for example, disclosures you make or unintentional data breaches. For example, you may receive a buyer’s email address or other information as a result of entering into a transaction with that buyer. This information may only be used for Momskart-related communications or for Momskart-facilitated transactions. You may not use this information for unsolicited commercial messages or unauthorized transactions. Without the buyer’s consent, and subject to other applicable Momskart policies and laws, you may not add any Momskart member to your email or physical mailing list, use that buyer’s identity for marketing, or obtain or retain any payment information. Please bear in mind that you're responsible for knowing the standard of consent required in any given instance. If Momskart and you are found to be joint data controllers of personal information, and if Momskart issued, fined, or otherwise incurs expenses because of something that you did in your capacity as a joint data controller of buyer personal information, you agree to indemnify Momskart for the expenses it occurs in connection with your processing of buyer personal information.

As a member of Momskart, you have the opportunity to create and upload a variety of content, like listings,Messages, text, photos, and videos. In order to keep our community safe and respectful, you agree that you will not upload content that is:

1. Abusive, threatening, defamatory, harassing, or otherwise in violation of our Anti-Discrimination Policy;

2. Obscene or vulgar;

3. In violation of someone else’s privacy or intellectual property rights; or

4. False, deceptive, or misleading.

Reviews are a great way for you to build a reputation on Momskart. Buyers can leave a review, including a one to five-star rating and a photograph of their purchase, within 30 days after their item’s estimated delivery date. If an estimated delivery date is not available, the preview window opens after the order’s processing time and delivery time have elapsed. Buyers can edit their review, including the photograph, any number of times during that 30 day period.

On a rare occasion, you receive an unfavorable review, you can reach out to the buyer or, if the review is less than 3 stars, leave a response.

Reviews and your response to reviews may not:

1. Contain private information;

2. Contain obscene, racist, or harassing language or imagery;

3. Violate our Anti-Discrimination Policy;

4. Contain prohibited medical drug claims;

5. Contain advertising or spam;

6. Be about things outside the seller’s control, such as a delivery carrier, Momskart or a third party;

7.Contain threats or extortion;

8. Include shilling or otherwise falsely inflate a shop’s review score; or

9. Undermine the integrity of the Review system.

We expect our sellers to provide a high level of customer service. By selling on Momskart, you agree to:

1. Honor your dispatch and processing times. Sellers are obligated to dispatch an item or otherwise complete a transaction with a buyer in a prompt manner unless there is an exceptional circumstance. 

2. Respond to Messages in a timely manner.

3. Honor the commitments you make in your shop policies.

4. Resolve disagreements or disputes directly with the buyer. In the unlikely event that you can’t reach a resolution, our Dispute Resolution team can help through our case system. Read about your rights and responsibilities regarding cases here.

5. If you are unable to complete an order, you must notify the momskart support team and cancel the order. Read about how to cancel an order in this Help article.

As a seller, you must provide great customer service and maintain trust with your buyers. These requirements are called our Seller Service Level Standards. Read more here.

Momskart also provides limited protection to sellers who meet the requirements of our Seller Protection Program. Read more about Momskart’s Seller Protection Programme here.

Cancellations

 If you are unable to complete a transaction, you must notify the buyer or admin support Momskart via Momskart Messages and cancel the transaction. If the buyer already submitted payment, you must issue a full refund. You are encouraged to keep proof of any refunds in the event a dispute arises. 

Momskart’s Case System

Buyers may file a case for a non-delivery or a not-as-described item. You must respond to any open cases within three days or the time frame noted by Momskart in the case. Momskart may request your assistance in resolving a case opened against your shop. Momskart reserves the right to escalate a case early for circumstances such as seller inactivity, harassment, refusal of service, case manipulation, and undermining the integrity of the case system.

By using Momskart’s case system, you understand that Momskart may use your personal information for the purpose of resolving disputes with other members. Cases can be filed in the following circumstances:

Non-Delivery

A non-delivery occurs when a buyer places an order but does not receive the item. The following are examples of non-delivery cases:

1. There is no proof that the item was dispatched to the buyer.

2. An item was not sent to the address provided on Momskart.

Not as Described

An item is not as described if the buyer can demonstrate that it is significantly different from your listing description or your photos. The following are examples of not as described cases:

1.The Food item received is a different color, model, version, or size.

2.The Food item has a different design or material.

3.The seller failed to disclose that an Food item is damaged or is missing parts.

4.he buyer received the incorrect quantity of  Food items (e.g., the buyer purchased three items but only received two).

5.The item was advertised as authentic but is not authentic.

6.The condition of the item is misrepresented (e.g., the item is described as fresh but is not fresh ).

Not as Described cases can also be filed for late delivery. In order to qualify as late delivery, the buyer must provide proof that all of these conditions have been met:

1. The item(s) were ordered for a specific date or event.

2. The item(s) are rendered useless after that date.

3. The seller did not ship the item(s) according to their processing time or the date agreed upon in Messages.

If Momskart determines that an item is not as described, you will be required to refund the order, including the original postage and return postage.

Ineligible Transactions

1. Items that are damaged by the delivery carrier (if properly packaged by the seller).

2. Items that have been altered, damaged, Not fresh, or discarded after receipt.

3. Items that are received after the agreed-upon delivery date due to delivery delays.

4. Items that are returned without a return agreement.

5. Items that are accurately described but don’t meet a buyer's expectations.

6. Cost of delivery disputes.

7. Items that are purchased in person.

8. Items prohibited from sale on Momskart, including services and intangible goods.

9. Transactions where payment is not made via Momskart’s checkout system.

When a dispute is ineligible for our case system, we encourage both parties to work together to come to an amicable solution.