1. USER ELIGIBILITY
Only those who are above the age of 18 is eligible to use the app.If you are under 18 then you need someone above the age 18 to supervise you to use the app. MommyKidz reserves the right to deactivate and/or refuse to provide You with access to the app if it is brought to Our notice or if it is discovered that You are under the age of 18 years.
2. PLATFORM FOR THE PRODUCTS AND SERVICES
2.1. We enable pregnant couples and parents to gain knowledge by reading our articles, connect with experts and other pregnant couples and parents to make better and more informed decisions. The services provided by MommyKidz include, but are not limited to, reading articles, creating a community and circle, reviewing, rating, commenting, communicating with other Users, Consultants and/or Vendors.
2.2. MommyKidz is a platform that can be utilized by Users to reach a larger base to buy and sell products, avail medical consultation services, and build community and circle only related to puberty, pregnancy and parenting. MommyKidz is only providing a platform for communication and it is agreed that: (a) any sale of the products or services shall be a strict understanding only between the User and the Vendor; and (b) consultation services availed including purchase and consumption of medicines prescribed by the Doctor based on the online diagnosis shall be a strict understanding only between the User and the Doctor.
2.3. You agree that MommyKidz acts as a facilitator between User and MommyKidz, User and other Users, the User and the Vendor and User and the Doctor (as the case may be). It is a platform through which Users can do this all over Bangladesh – (a)purchase goods and avail services related to puberty, child care and care for their family of MommyKidz (b) purchase various goods and avail services related to puberty, child care and care for their family from third party Vendors (c) avail medical appointment services from Doctors and (d) Buy medicines from MommyKidz and third party vendors.
3. YOUR ACCOUNT
3.1. In consideration of Your use of the MommyKidz app, You agree to:
3.1.1. Provide accurate, current and complete information about You as may be prompted by any registration forms and subscription, including, but without limiting, Your name, telephone number, mailing address, bank account details, account and email address on the MommyKidz App(“Registration Data”);
3.1.2. Maintain and promptly update the Registration Data, and any other information You provide to MommyKidz, to keep it accurate, current and complete;
3.1.3. Maintain confidentiality of Your password and identification;
3.1.4. Notify MommyKidz immediately of any unauthorized use of Your account or any other breach of security;
3.1.5. Where You have availed the online medical appointment services, You shall provide accurate answers to questions posed by the Doctors and all information necessary shall be informed to the Doctor;
3.1.6. Any licenses, permits, consents, approvals and intellectual property or other rights as may be required for using the services shall be obtained by You at Your own cost;
3.1.7. Accept all responsibility for any and all activities that occur under Your account (whether through authorized or unauthorized access) including, but without limitation to, information retrieved, stored and transmitted through theMommyKidz by You;
3.1.8. Accept all risks of unauthorized access to the Registration Data and any other information You provide to MommyKidz; and
3.1.9. You will ensure compliance with all notices or instructions given by MommyKidz from time to time to enable the use of the the MommyKidz App.
3.2. You agree that if You provide any information that is untrue, inaccurate, not current or incomplete or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with these Terms, We shall have the right to indefinitely suspend or terminate or block access of Your account on the MommyKidz App and refuse to provide You with access to the MommyKidz App.
3.3. You agree and consent to receive all communications at the mobile number provided. And for that purpose, you further authorise MommyKidz to share/disclose the information to any third party service provider or any affiliates, group companies, their authorised agents or third party service providers.
4. INVITATION TO OFFER
All products, services and information displayed on the MommyKidz App constitute an invitation to offer. Your order for purchase of products or availing the services constitutes Your offer, which shall be subject to the Terms as listed herein. MommyKidz reserves the right to accept or reject Your offer in part or in full, with or without any reason whatsoever. The acceptance and / or communication to the Vendor of Your offer for the purchase of the products or availing the services will take place upon the dispatch of your products or provision of the services availed by You. No act or omission prior to the actual dispatch of the products or the provision of services to You will constitute acceptance of Your offer.
5.1. MommyKidz App allows sign up only with your mobile number.
5.2. MommyKidz is only a platform that can be utilized by Users to reach a larger base to buy and sell products or services and build a community or circle related to puberty, pregnancy and parenting.MommyKidz is only providing a platform for communication and it is agreed that any sale of the products or services shall be a strictly bipartite understanding between the User and the Vendor(The vendor may be MommyKidz itself for certain products).
5.3. Registration on the MommyKidz App is free for Users. MommyKidz does not charge the User any fee for browsing and ordering on the app. MommyKidz reserves the right to change its fee policy from time to time. In particular, MommyKidz may at its sole discretion introduce new services and modify some or all of the existing services offered on the MommyKidz App. In such an event MommyKidz reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the fee policy shall be posted on the MommyKidz App and such changes shall automatically become effective immediately after they are posted on the MommyKidz App. Unless otherwise stated, all fees shall be quoted in Bangladesh Taka. You shall be solely responsible for compliance with all applicable laws including those in Bangladesh for making payments to MommyKidz.
6. TERMS & CONDITIONS FOR OBJECTIONABLE CONTENT
6.1 MommyKidz has a zero tolerance policy regarding objectionable content. Objectionable content may not be uploaded or displayed to the extent such content includes, is in conjunction with, or alongside any, Objectionable Content includes, but is not limited to: (i) sexually explicit materials, (ii) obscene, defamatory, libelous, slanderous, violent and/or unlawful content or profanity! (iii) content that infringes upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary right, or that is deceptive or fraudulent! (iv) content that promotes the use or sale of illegal or regulated substances, tobacco products, ammunition and/or firearms; and (v) gambling, including without limitation, any online casino, sports books, bingo or poker. Any user can flag content they deem objectionable for review. Content will be moderated by MommyKidz to ensure the timely removal of any and all objectionable content. User accounts which have been confirmed responsible for Peeling objectionable content will be restricted from access to the MommyKidz app.
7. GENERAL TERMS AND TAKEDOWN POLICY
7.1. By registering with us and transacting via the MommyKidz App to purchase any products, avail the online medical appointment services, or be in the community and circle You represent to MommyKidz that such registration and purchase is for Your personal and non-commercial use only. Further while using the MommyKidz, You acknowledge that You fully assume the risks of purchase and sale transactions and You further fully assume the risks of liability or harm of any kind in connection with subsequent activity of any kind relating to the product(s) and/or service(s) that are the subject of the transactions via the MommyKidz App. In addition to the above, You acknowledge that by availing the online medical consultation services from any Doctor registered on the MommyKidz App, You fully assume the risks of harm in connection with a wrongful diagnosis and further undertake that You shall not at any point make any claim against Us unless the Doctor is of MommyKidz.
7.2. MommyKidz App reserves the right, at its sole and absolute discretion, to determine whether anything posted by You is appropriate; and to remove it, without notice or liability to You, which it determines to be inappropriate. Without limiting the generality of the foregoing, the following is a partial and non-exhaustive list of the type of activities that MommyKidz App deems to be inappropriate:
7.2.1. Content that criticizes a business or individual beyond that of merely offering an opinion;
7.2.2. Content that harasses or advocates harassment of another person;
7.2.3. Content that exploits people in a sexual or violent manner;
7.2.4. Content that contains nudity, violence, or offensive subject matter or contains a link to an adult website;
7.2.5. Content that includes racially, ethically, or otherwise objectionable language;
7.2.6. Content that is libelous, defamatory, or otherwise tortious language;
7.2.7. Content that solicits personal information from anyone under 18 years of age;
7.2.8. Content that promotes information known to be false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
7.2.9. Content that involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”;
7.2.10 Content that is in breach of any rights of a third party including but not limited to intellectual property rights.
7.2.11 Copying, modifying, translating, publishing, broadcasting, transmitting, licensing, sublicensing, assigning, distributing, performing, publicly displaying, or selling any MommyKidz content appearing on or through the MommyKidz App. It is further clarified that where any User/third party makes any complaint with regards to another User’s uploading of contents mention under Clause 7.2 above, such User/third party may intimate MommyKidz and after investigation MommyKidz shall be entitled to take down such content if it is deemed to be a valid complaint based on MommyKidz’s investigation.
7.3. MommyKidz expressly reserves the right to investigate and take appropriate legal action against anyone who, in MommyKidz’s sole discretion, violates this provision, including without limitation, reporting You to the law enforcement authorities.
7.4 If any content uploaded by MommyKidz on the MommyKidz App is violative of any right of a User or third party (as the case may be) including but not limited to intellectual property rights, then pursuant to a complaint made by such person to MommyKidz and a subsequent investigation of the origins of such content in question, MommyKidz shall take down such content where the complaint has been deemed valid. It is hereby clarified that to the extent no complaint has been received against any content uploaded by MommyKidz it shall be deemed that such content is being used by MommyKidz in a valid manner with the explicit consent of the actual owner of such content (if applicable).
8.1. While availing any of the payment method/s available on the MommyKidz App, We will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to:
8.1.1. Lack of authorization for any transaction/s, or
8.1.2. Exceeding the preset limit mutually agreed between You and the financial services providers you deal with, or
8.1.3. Any payment issues arising out of the transaction, or
8.1.4. Decline of transaction for any other reason/s
8.2. All payments made against any purchase of the products or availing the services, shall be compulsorily in Bangladesh Taka (“Transaction Price”).
8.3. Before delivering the products purchased by You or providing the services to You, the Vendor may request You to provide supporting documents (including but not limited to Govt. issued ID and address proof) to establish the ownership of the payment instrument used by You for Your purchase. This is done in the interest of providing a safe online shopping environment to Our Users.
8.4. You have specifically authorized MommyKidz or its Vendors to collect, process, facilitate and remit the Transaction Price electronically or through Cash on Delivery to and from other Users in respect of transactions through payment facility.
8.5. The only forms of payment are – SSLCOMMERZ Gateaway and Cash on Delivery (COD)
9.1. Cancellation before the date of dispatch of products: Once an order for purchasing the products available for sale on the MommyKidz App is received by Us and the checkout procedure is completed, a cancellation of such an order can only be made at any time before You receive an email or message containing confirmation of dispatch of the product from the Vendor. No cancellations will be accepted post such time and any cancellation request received post such time shall be deemed to be a request for return of the product and shall be subject to the return and refund policy as provided for in Clause 9. For the purpose of cancelling the order placed by You, You can either send us an email on [email protected] with Your order details such as Your name, address, telephone number, order number, booking date, etc. or You can call Our customer care and give directions for cancellation of Your order.
9.2. Cancellation before the date of consulation/service: Once an order for availing of services on the MommyKidz App is received by Us and the checkout procedure is completed, a cancellation of such order for a service can be made 48 hours prior to the date of service. No cancellation of such order will be accepted if made less than 48 hours prior to the date of service. For the purpose of cancelling the service, You can either send Us an email on [email protected] with Your order details such as Your name, address, telephone number, order number, booking date, etc. Or You can call our customer care and give directions for cancellation of Your order. In case of cancellations made by You 48 hours or more before the date of service, 20% will be deducted from the total payment amount due from You after which the refund will be initiated as per Clause.
9. 8.3. Cancellation after the date of service: Subject to clause 9, for all such services which are availed of over a period of time, no cancellation will be accepted under any circumstances after the date on which the services have commenced. Under such circumstances, MommyKidz will not be liable to refund or return any amount paid by You, irrespective of whether the services have been availed by You or not.
10. RETURN AND REFUND POLICY
10.1. Please note that all returns and related procedures shall be carried out by the Vendor(s)whose products have been purchased by You. Therefore, MommyKidz shall not be liable for any loss, damages, action, claim or liability arising out of or in connection with any act, omission or negligence of such a Vendor with respect to the return of purchased product(s) unless the product was purchased from MommyKidz itself.
10.2. Subject to the restrictions contained in Our cancellation policy, a request for the cancellation of Your order can be sent to MommyKidz before the date of service and before You receive an email or message containing confirmation of dispatch of the products.
10.3. Once the cancellation has been accepted by MommyKidz, You will be intimated about the same by way of an email or a phone call on the e-mail ID and telephone number provided by You. Any refund against a request for a return or the products shall be processed only upon receipt of the product by the Vendor along with the original invoice. In case of services intended to be availed by You, the refund will be subject to the cancellation policy as per Clause 8. It may take up to 10-14 business days to refund the money at the same source of payment or at a changed source by You. The actual time taken for refund of the payment depends on the mode by which the payment was made and the procedures adopted by various financial services providers.
11. CONFIDENTIAL AND PERSONAL DATA/INFORMATION
11.1.1. The provisions of Information Technology Act, 2013 relating to the processing of personal data as may be amended from time to time;
11.1.2. The provisions of the Information Technology (Intermediary Guidelines) Rules, 2013 as may be amended from time to time;
11.1.3. The provisions of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2013 as may be amended from time to time.
11.1.4. The provisions of the Telemedicine Practice Guidelines, 2020.
12. INTELLECTUAL PROPERTY RIGHTS
12.1. MommyKidz is the sole owner or lawful licensee of all the rights of the MommyKidz App and its content. For the purpose of this clause, the content on the MommyKidz App includes its design, layout, text, images, graphics, sound, video, etc as well as non superficially visual functional elements. The title, ownership and intellectual property rights in the MommyKidz App and its content shall remain with MommyKidz, its affiliates or licensors of the content, as the case may be.
12.1. Trademark: ‘MommyKidz’ and related icons and logos are registered or registration has been applied for by MommyKidz in various jurisdictions and the same is protected under applicable trademark and other intellectual property laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited and shall be subject to appropriate legal proceedings against the unauthorized user.
12.2. Copyright: All content on the MommyKidz Web Platforms is the copyright of MommyKidz except the third party content and links to third party websites on the MommyKidz App, if any.
13. APPOINTMENT SERVICES TERMS
Users expressly acknowledge, understand and agree to the following terms in respect of the consultation services available on the MommyKidz:
13.1. Where any prescription is being provided to User by the Doctor, the same is being provided basis the online consultation, however it may vary when examined in person, hence, in no event shall the prescription provided by Doctors be relied upon as a final and conclusive solution.
13.2. Users agree to use the advice from a Doctor on the MommyKidz App pursuant to: (a) an ongoing treatment with their medical Consultant; (b) a condition which does not require emergency treatment, physical examination or medical attention; (c) medical history available as records with them for reference; (d) a record of physical examination and report thereof with them, generated through their local medical Consultant; and (e) consultation with their medical Consultant before abandoning or modifying their ongoing treatment.
13.3. Users acknowledge and accept that the Consultant shall not be able to conduct a proper physical examination of the Users, hence, they may not have or be able to derive important information that is usually obtained through a physical examination. User acknowledges and agrees that the User is aware of this limitation and agrees to assume the complete risk of this limitation.
13.4. The User understands that the consultation services available on the MommyKidz App shall not form a substitute for treatment that otherwise needs physical examination/immediate consultation. Further, the User understands that the advice provided by the Consultant is based on general medical conditions and practices prevalent in Bangladesh, to the best of his knowledge and ability, and not for conditions which are territory specific for regions other than Bangladesh, irrespective of where the User is procuring medical services or engaging in communication with the Consultant.
13.5. Users shall not use abusive language while availing the consultation services on the MommyKidz App. In the event an abuse from the User is reported by a Doctor, MommyKidz reserves the right to block such Users from availing the consultation services or based on Our sole discretion and block You from accessing the MommyKidz App and MommyKidz shall not be responsible for honouring any refund request towards his/her consultation on the MommyKidz.
13.6. Users may share images or videos of the affected areas of their body parts with the Consultant only if it is absolutely necessary for diagnosing his/her condition and if he/she is personally comfortable in sharing such images or videos. In any event, Mylo shall not be responsible for any such images or videos shared by the Users with the Doctors.
13.7. Users shall ensure that any interaction/communication with the Doctors, including sharing images or videos of the body parts, shall be only through the Mylo Web Platform. The Users shall not rely on any other external modes of communication for interacting/communicating with the Consultants
13.8. Users shall be prepared to share all relevant documents or reports to the Doctor promptly upon request.
13.9. For every paid consultation availed on the MommyKidz App, the Users shall not obtain consultation for more than one person (including the User). In the event, a User attempts to obtain consultation for one or more person other than himself/herself, through a single paid consultation on the MommyKidz App, such consultations will not be addressed by the relevant Doctor.
13.10. Users shall not persuade Doctors to prescribe drugs (including higher dose strength) that do not conform to applicable law and any policies that the Company may implement from time to time. The restricted drugs are as follows: (A) Medication for Medical Termination of Pregnancy (MTP); and (B) Drugs under the following pharmaceutical classifications such as; sedatives, hypnotics, opioids, schedule X drugs, or fourth generation antibiotics.
13.11. Users shall always provide accurate information and will not use the Appointment platform for any acts that are considered to be illegal in nature.
13.12. Where a User has decided to avail the consultation services offered on the MommyKidz App and engages with a Doctor to procure medical services or engages in communication, exchange of money for services outside of the MommyKidz App, User shall do so at their own risk. MommyKidz shall not be responsible for any breach of service or service deficiency by any Doctor.
13.13. The User agrees and understands that the transaction with the Consultant are subject to jurisdiction of Bangladesh laws and that any claim, dispute or difference arising from it shall be subject to the jurisdiction provision as contained in the Terms hereunder, at all times. The User further agrees and understands that the Doctor is a registered medical Consultant who is licensed to practice medicine in Bangladesh and it is on the User to determine if he/she is eligible to consult with the Consultants via the MommyKidz App. It is expressly clarified that at no point in time can it be construed that the Consultant is practicing medicine in a territory other than Bangladesh, irrespective of where the User is located and procures medical services or engages in communication with the Consultant, in any manner whatsoever.
14. DISCLAIMER OF WARRANTIES/LIBAILITY
14.1. All the materials and products (including but not limited to software) and services, included on or otherwise made available to You through the MommyKidz App are provided on “as is” and “as available” basis without any representation or warranties, express or implied except otherwise specified in writing.
14.2. MommyKidz does not warrant that: the MommyKidz App will be constantly available, or available at all; or that the information on the MommyKidz App is complete, true, accurate or non-misleading.
14.3. MommyKidz will not exercise ownership over the goods and services purported to be sold on the MommyKidz App. Thus all commercial/contractual terms are offered by and agreed to between the Users and Vendors alone except goods and services owned by MommyKidz. The commercial/contractual terms may include, without limitation, price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to products and services.
14.4. MommyKidz does not make any representation or warranty as to specifics (such as quality, value, salability, etc) of the products or services proposed to be sold or offered to be sold or purchased on the MommyKidz App. MommyKidz does not implicitly or explicitly support or endorse the sale or purchase of any products or services on the MommyKidz App. By virtue of technical or human error, it may be possible that certain inadvertent errors may occur such as change in the price of the products and services, change in the quantity ordered, description of the products and services and the like. Even though MommyKidz makes its best efforts to avoid any such errors, We will not accept liability for any such inadvertent errors or omissions.
14.5. MommyKidz doesn’t claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials that are provided directly by the Vendors and community members and which are uploaded, submitted, or embed on the MommyKidz.
14.6. References that We make to any names, marks, products or services of third parties or hypertext links to third party sites or information do not constitute or imply Our endorsement, sponsorship or recommendation of the third party, of the quality of any product or service, advice, information or other materials displayed, purchased, or obtained by You as a result of an advertisement or any other information or offer in or in connection with the MommyKidz App.
14.7. MommyKidz shall not and is not required to resolve or mediate any disagreements or disputes between the Users and Vendors because of non-performance of any transaction concluded on the MommyKidz.
14.8. MommyKidz does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc) of any of its Vendors. You are advised to independently verify the bona fides of any particular Vendor that You choose to deal with on the MommyKidz and use Your best judgment in that behalf.
14.9. You realize and indemnify MommyKidz and/or any of its officers and representatives from any cost, damage, liability or other consequences of any of the actions of the Users of the MommyKidz App and specifically waive any claims that You may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, MommyKidz cannot take responsibility or control the information provided by other Users which is made available on the MommyKidz App. You may find other User’s information to be offensive, harmful, inconsistent, inaccurate, or deceptive. Please use caution and exercise Your own judgment when using the MommyKidz App.
14.10 Our library contains collection of thousands of health related articles to make your life easier. All information published here is collected from contemporary scientific sources and in no way is this information published for the purpose of direct diagnosis and treatment. MommyKidz does not warrant that these articles will give a complete and accurate solution.
B. TERMS AND CONDITIONS FOR THE VENDOR
1. INFORMATION PROVIDED
1.1. The Vendor will be required to provide all details relevant to the products and services intended to be sold by the Vendor, including but not limited to the price, description, contents which will be by way of text descriptions, graphics, pictures and / or videos of the products and services. Such information must not be misleading and must describe the actual condition of the product. Any precautions and / or side effects or any special requirements before or after use of any of the Vendor’s products and services will be displayed on the MommyKidz App at all times.
1.2. It is the responsibility of the Vendor to make sure that the information provided to MommyKidz with respect to the products and services intended to be sold reflects the real-time availability / non-availability of the products and services with the Vendor.
1.3. As a Vendor, You are allowed to list item(s) for sale on the MommyKidz App in accordance with the policies which are incorporated by way of reference in these Terms. You must be legally able to sell the item(s) You list for sale on the MommyKidz. You must ensure that the listed items do not infringe upon the intellectual property, trade secret or other proprietary rights or rights of publicity or privacy rights of third parties.
2.1. The Vendor grants MommyKidz the right to collect the Transaction Price on behalf of the Vendor in the mode (i.e. payment gateway or cash on delivery) selected by the User of the MommyKidz App. The Vendor agrees that MommyKidz is neither a trustee of the Vendor nor acting in any fiduciary capacity with respect to any transaction on the MommyKidz App. The payment facility provided by MommyKidz is merely an online electronic payment system and will not be considered as a banking or financial services.
2.2. The Vendor authorises MommyKidz to raise an invoice on behalf of the Vendor and send it to the User for the products purchased and / or the services availed. Mylo will send a copy of the invoice raised as above to the Vendor.
2.3. MommyKidz reserves the right to deduct a certain amount as commission (“Transaction Fee”) from the Transaction Price for each transaction entered into between the Vendor and the User via the MommyKidz App. Such Transaction Fee is subject to alteration or modification at the sole discretion of Mylo and Mylo will notify the relevant vendors of such altered or modified transaction fee.
3. CANCELLATION AND REFUND POLICY
3.1. The Vendor acknowledges and agrees to the cancellation, return and refund policy stated for Users in Part A Clause 8 and 9 above. In the event that the User cancels an order made on the MommyKidz App;
3.1.1. If at the time of cancellation of an order for products, MommyKidz, the products have not been confirmed to be dispatched by the Vendor, MommyKidz will inform the Vendor of the cancellation of the order. No payment of any amount whatsoever will be paid to the Vendor.
3.1.2. If at the time of cancellation of an order for products, the Vendor has confirmed the dispatch of the Products, MommyKidz will process a request for return and it shall be the responsibility of MommyKidz to cause to collect the product and the original invoice from the User. In such an event, if MommyKidz has paid to the Vendor the Transaction Price, the Vendor undertakes to return to MommyKidz the full amount received by the Vendor within 48 hours from the receipt of the product from the User. In the event MommyKidz has not made any payment to the Vendor, MommyKidz, will at its sole discretion cause a refund of the amount to be paid to the User and will not make any payment to the Vendor.
3.1.3. In the event that the Vendor refuses or fails to provide any services agreed to be provided by the Vendor on the MommyKidz App, the Vendor, shall return to MommyKidz any money received by the Vendor from MommyKidz, within 48 hours of the Date of Service. In the event that the Vendor willfully defaults in providing services agreed to have been provided, MommyKidz reserves the right to inform the Users on its Platforms of the willful default of the Vendor as well as caution them from availing the services of the Vendor.
The Vendor acknowledges that it will have access to confidential information of MommyKidz and the Vendor agrees to keep confidential all data and confidential information and also will not use for its own purpose by any means whatsoever any confidential information which the Vendor has received from MommyKidz App and it will not sell or otherwise make use / make available the confidential information to any third parties. For the purpose of this clause, confidential information shall include but will not be limited to the terms and conditions of these Terms, information pertaining to the User, the terms of understanding between MommyKidz and the Vendor and all business and financial information relevant to the business of MommyKidz and any information which is disclosed verbally or in writing, identified as confidential at the time of disclosure. The obligations under this clause shall survive the termination of these Terms.
5. INTELLECTUAL PROPERTY RIGHTS
5.1. Mylo and the Vendor agree that the brands/logos, trademarks, etc., belonging to each Vendor are the exclusive property of the respective Vendor and are not in any manner whatsoever, copied, altered or modified from the brand, logo, trademark etc. of another Vendor. The Vendor recognizes and confirms that MommyKidz shall not be liable for contents and images shared, uploaded or displayed on the MommyKidz App by the Vendor regarding Products and Services intended to be sold by the Vendor.
5.2. The Vendor grants MommyKidz the right to display and delist the information as provided by the Vendor along with related logo and / or trademark and / or brand name etc.of the Vendor for the purpose of marketing and selling through the Mylo Web Platforms.
6. DISCLAIMER OF WARRANTIES
6.1. The Vendor will make sure that the products are dispatched and delivered or the services are provided as per the Date of Service, along with all the required information and documentation which is necessary for the User to use the product and / or service. The Vendor will keep MommyKidz informed about the dispatch and delivery of the products and / or services availed by the User. In the event of any default in the delivery of the products or the services availed, the Vendor will immediately update MommyKidz informing of such non-delivery / delay and the reason thereof;
6.2. The Vendor shall procure all necessary certifications and licenses required for being eligible as a Vendor on the MommyKidz App.
6.3. The Vendor warrants that the information provided with respect to the products and services intended to sold via the MommyKidz App is true, accurate, complete, specific, detailed and precise and compliant with all the local laws and regulations;
6.4. The Vendor warrants that the products sold by the Vendor via the MommyKidz App are not fake, duplicate, damaged, defective, refurbished or previously owned.
6.5. The Vendor hereby expressly indemnifies MommyKidz from any claim, cost, loss, expense or liability arising out of or in connection with any defect and / or deficiency in any of the products purchased or services availed by the User, non-compliance by the Vendor of any law for the time being in force in Bangladesh or for any other reason whatsoever, when such action, claim, cost, loss, expense or liability may be attributable to any act, omission, negligence or misrepresentation on the part of the Vendor.
C. TERMS AND CONDITIONS FOR THE CONSULTANT/DOCTOR
1. INFORMATION PROVIDED
1.1. The Consultant shall provide such information as may be requested by Us including but not limited to his qualification, medical registration number, years of experience, field of specialty, address, contact number and any other information as may be required by Us to complete the registration process.
1.2. The Consultant acknowledges and accepts that he/she shall be fully responsible for any error in the information they have shared during the registration process.
1.3. The Consultant may use and disclose the information disclosed by the Consultant for such purposes, including (without limitation) making inquiries through third parties concerning your identity and professional and practice credentials. In addition to this, the Consultant authorises the Company to disclose to third parties such information as required for such purposes.
1.4. The Consultant acknowledges and accepts that MommyKidz may list your personal profile describing your credentials, experience, registration number, academic background, awards, papers published shall be available for viewing by Users and will be considered non-confidential and non-proprietary.
2. TERMS OF APPOINTMENT
2.1. The Doctor shall promptly reply to the User after receiving the User’s communication. In case of non-compliance with regard to adhering to the applicable laws/rules/regulations/guidelines by the Doctor, MommyKidz shall have the right to replace such Doctors for the purpose of consultation to the User.
2.2. The Doctor further understands that, there is a responsibility on the Doctor to treat the User, pari passu, as the Doctor would have otherwise treated the User on a physical one-on-one consultation model.
2.3. The Doctor has the discretion to cancel any consultation at any point in time in cases where the Doctor feels, it is beyond his/her expertise or his/her capacity to treat the User. In such cases, it may trigger a refund to the User and the User has the option of choosing other Doctors. However, it is strongly recommended that the Doctor advise the User and explain appropriately for next steps which may include referring the User for further evaluation.
2.4. In case, the Doctor has marked himself/herself available for a particular consultation on the MommyKidz and in the event a consultation has been auto allocated to a Doctor, then such Doctors shall ensure to provide a response to the User within five (5) minutes of accepting the consultation and during the active consultation period.
2.5. Doctors should provide e-prescriptions to the Users only via the prescription module. However, when the Doctor creates an e-prescription, the Doctor will be required to confirm the e-prescription with their electronic signature explicitly or implicitly by clicking on the signature option made available or any other form of opt-in methods as provided therein. The Consultant hereby agrees and covenants to be responsible and liable for the content of e-prescription and the authenticity of his signature signed electronically.
2.6. For a Doctor to complete an appointment, it is mandatory to provide a consultation summary via the e-prescription module to all Users. The recommended contents (at least one) of the said consultation summary are as follows: (a) Summary of presenting illness; (b) Provisional diagnosis; (c) Medicine posology including side effects (if any); (d) Lifestyle changes; (e) Other instructions (if any); and (f) Referral for physical consultation (if necessary).
2.7. The Doctor shall provide e-prescriptions to the Users only in accordance to the Telemedicine Practice Guidelines, 2020. However, when the Consultant creates an e-prescription, the Doctor shall be required to confirm the e-prescription with their electronic signature explicitly or implicitly by clicking on the signature option made available or any other form of opt-in methods as provided therein. The Consultant hereby agrees and covenants to be responsible and liable for the content of e-prescription and the authenticity of his signature signed electronically and shall ensure that no medicine/drugs is being prescribed in an illicit manner and wrongful use.as provided under Schedule X of the Drugs and Cosmetic Rules, 1945 and Narcotic and Psychotropic substances listed in the Narcotic Drugs and Psychotropic Substances, Act, 1985.
2.8. The Doctor shall not to request see for images or video of the User’s private body parts in any manner whatsoever until and unless all other options have been exhausted to diagnose the User’s condition and it is absolutely necessary to arrive at a probable diagnosis.
2.9. In the event the Doctor learns about physical abuse, sexual misconduct (especially in minors), or User self-harm (suicide: planned, attempted or completed), the Doctor agrees to report such events to MommyKidz via the email: [email protected].
2.10. The Doctor acknowledges and agrees that the information that is disclosed by the User at the time of consultation is personal information and is subject to all applicable privacy laws, shall be confidential in nature and subject to User and Doctor privilege.
2.11. The Doctor understands that MommyKidz makes no promise or guarantee for any uninterrupted communication and the Consultant shall not hold MommyKidz liable, if for any reason the communication is not delivered to the User(s), or are delivered late or not accessed, despite the efforts undertaken by MommyKidz.
2.12. The Doctor understands that MommyKidz makes no promise or guarantee for the number of appointments that will be allocated to a Doctor on the appointment platform. The appointments allocated to a Doctor will depend upon various factors, which inter-alia includes, appointment response time, patient feedback and number of Doctors available, etc.
2.13. It shall be the responsibility of the Doctor to ensure that the information provided by User is accurate and not incomplete and understand that MommyKidz shall not be liable for any errors in the information included in any communication between the Doctorand User.
3.1. Please note that all returns and related procedures shall be carried out by the Vendor(s) whose products have been purchased by You. Therefore, MommyKidzshall not be liable for any loss, damages, action, claim or liability arising out of or in connection with any act, omission or negligence of such a Vendor with respect to the return of purchased product(s).
3.2. Subject to the restrictions contained in Our cancellation policy, a request for the cancellation of Your order can be sent to MommyKidz before the date of service and before You receive an email containing confirmation of dispatch of the products.
3.3. Once the cancellation has been accepted by MommyKidz, You will be intimated about the same by way of an email or a phone call on the e-mail ID and phone number provided by You. Any refund against a request for a return or the products shall be processed only upon receipt of the product by the Vendor along with the original invoice. In case of services intended to be availed by You, the refund will be subject to the cancellation policy. It may take up to 10-14 business days to provide the refund.. The actual time taken for refund depends on the mode by which the payment was made and the procedures adopted by various financial services providers.
3.1. The Consultation services available on the MommyKidz App is intended for general purposes only and is not meant to be used in emergencies/serious illnesses requiring physical consultation. Further, if the Doctor adjudges that a physical examination would be required and advises ‘in-person consultation’, it is the sole responsibility of the User, to book an appointment for physical examination and in-person consultation whether the same is with the Doctor listed on the MommyKidz App or otherwise. In case of any negligence on the part of the User in acting on the same and the condition of the User deteriorates, MyloMommyKidz shall not be held liable.
3.2. The appointment services are being made available to Users to assist them to obtain consultation from Doctors and does not intend to replace the physical consultation with the Doctor.
D. GENERAL PROVISIONS
1. FORCE MAJEURE
You understand and agree that MommyKidz will not be held liable for any loss or damage with respect to the use of the MommyKidz App, if the same arises out of any cause due to which MommyKidz is wholly or partly unable to perform its obligations and which is not reasonably within the control of MommyKidz. Further, MommyKidz will not liable for any loss or damage which is not a result of the fault or negligence of MommyKidz or which occurs despite all reasonable attempts of MommyKidz to avoid or mitigate the same. This includes without limitation, acts of God, war, riots, civil disturbances, cyclones, hurricanes, floods, earthquakes, storms and other natural calamities, epidemics, plagues, terrorist attacks, accidents, trade restrictions, acts of any government authority leading to a delay in adhering to the timelines of delivery, strikes, labour, employee difficulties and other events or circumstances that are beyond the reasonable control of MommyKidz.
You agree to indemnify and hold Us and (as applicable) Our officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Your breach of these Terms or your violation of any law, or your violation of the rights of a third party, including the infringement by you of any intellectual property or other right of any person or entity. These obligations will survive the termination of these Terms.
4. APPLICABLE LAW
4.1. The MommyKidz App have been designed to comply with the laws of Bangladesh and hence We shall be governed by the laws of Bangladesh. If any material on the MommyKidz App or Your use of the MommyKidz App is contrary to the laws of the country / state where You are when You access it, We ask You not to use the MommyKidz App in contravention of such law. You are responsible for being aware of the laws of Your jurisdiction and complying with them.
4.2. Further, the courts of Dhaka shall have exclusive jurisdiction in case of any preliminary relief sought in respect of all the terms, conditions and disclaimers.
5. DISPUTE RESOLUTION
All disputes or differences arising between You and MommyKidz as to these Terms or any other matter in relation to or in connection with Your use of the MommyKidz App, shall be referred to a single arbitrator who shall be appointed by Us as per the provisions of the Arbitration and Conciliation Act, 1996 or any amendments thereto. The seat of arbitration shall be Mumbai and the language should be English.
You agree and acknowledge You are solely responsible for compliance with applicable laws. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms to be unenforceable, the remainder of the Terms will continue in full force and effect. These Terms constitute the entire agreement between Us and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding the subject matter of these Terms. MommyKidz reserves the right to investigate complaints or reported violations of these Terms and to take any action we deem necessary and appropriate. Such action may include reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties. In addition, We may take action to disclose any information necessary or appropriate to such persons or entities relating to User profiles, email addresses, usage history, posted materials, IP addresses and traffic information. MommyKidz reserves the right to seek all remedies available at law and in equity for violations of these Terms.
All of Our notices, demands and other communications must be in writing and will be deemed to have been given (a) if mailed by certified mail, postage prepaid, (b) if delivered by overnight courier, or (c) if sent by electronic mail, and such message is confirmed as received, in each case to the address, fax number or email address specified on the Order for the recipient of such notice. All of Your notices, demands and other communications must be in writing and will be deemed to have been given (a) if mailed by certified mail, postage prepaid or if delivered by overnight courier, to Our address.
8. CONTACT US
If you have any questions about this Terms and Conditions, You can contact us:
By email: [email protected]
By phone number: 01313-949966