This Platform is operated by Proprietor Poornima Praveenkumar. This document, i.e., the Terms of Use (“Terms”) contains the terms and conditions between Proprietor Poornima Praveenkumar (“we”, “our”, “us”) that owns and controls the brands known as ‘Mama Keto’, ‘Mama Keto Craves’, ‘Cheeni Kyun?’ and ‘LoCarbr’ and you, the user of the Platform (“User”, “you”, “your”). Mama Keto has its registered office at No 506 Amu, 11th Cross, 4th Main, WOC Rd, Mahalaxmipuram, Bangalore, Karnataka – 560086
To make this reader-friendly, we have divided these Terms of Use into four sections. These are:
Acceptance of the Terms
Terms of Use of the Platform
General Terms & Conditions of Sale
Legal Terms & Conditions
ACCEPTANCE OF THE TERMS:
Mama Keto offers services and sale and delivery of its products through this Platform (“Services”), conditional to your acceptance of these Terms. Your acceptance of these Terms is essential for us to provide our Services safely and seamlessly, in accordance with the applicable law(s).
Please read these Terms very carefully. If you do not agree to these Terms, Mama Keto will not be able to provide any of its Services to you. By accessing or viewing the Platform and/or using the Services, you represent that you have read the Terms and agree to be bound by the same.
These Terms, together with any other terms that you may agree to by reference, constitute a legally binding agreement (“Agreement”) between you and Mama Keto.
We may amend/modify these Terms at any time, and such modifications shall be effective immediately upon posting on the Platform. We will, wherever possible, attempt to notify you of any changes to the Terms by way of push notifications and/or pop-ups and/or e-mails. Your continued use of our Services will constitute your agreement to any changes we make.
If you do not agree to the Terms & Conditions as may be modified from time to time, you have the option to not avail or discontinue from availing our Services.
TERMS OF USE OF THE WEBSITE:
Legal age and Eligibility: In order to avail of our Services on your own, you must be of legal age and eligible to enter into a binding contract with us, as per the laws applicable to you. In the event that you are a minor availing our Services, it will be assumed that you have the due authorization from your legal guardian to accept these Terms.
Corporate User: If you are availing our Services on behalf of any entity, you represent and warrant that you are authorized to accept these Terms on such entity's behalf and that such entity agrees to indemnify you and Mama Keto for any violations of the Agreement.
Advertisement and Promotions: By accessing our Platform, you agree that we can display events or promotional offers relating to our products and Services
Restrictions: When using our Platform, you undertake not to:
Post, upload or otherwise transmit or link to content that is: unlawful; threatening; abusive; obscene; vulgar; sexually explicit; pornographic or inclusive of nudity; offensive; excessively violent; invasive of another's privacy, publicity, contract, or other rights; tortious; false or misleading; defamatory; libellous; hateful; or discriminatory;
Violate the rights of Mama Keto or others including patent, trademark, trade secret, copyright, moral rights, privacy, publicity, or other proprietary rights;
Harm minors in any way;
Impersonate or attempt to impersonate any person or entity;
Introduce or engage in activity that involves the use of viruses, bots, worms, or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of or access to a computer, digital network or a computer network;
Attempt to decipher, decompile, disassemble or reverse engineer any of the Platform software;
Interfere with, damage, disable, disrupt, impair, create an undue burden on, or gain unauthorized access to the Platform, including our servers, networks, or accounts;
Use technology or any automated system such as scripts, spiders, offline readers, or bots in order to collect or disseminate usernames, passwords, e-mail addresses, or other data from the Platform, or to circumvent or modify any security technology or software that forms part of the Platform;
Send or cause to send (directly or indirectly) unsolicited bulk messages or other unsolicited bulk communications of any kind in manner whatsoever including through the Platform;
Solicit, collect or request any personal information for commercial or unlawful purposes;
Post, upload, or otherwise transmit an image or video of another person;
Download, save or share any images, descriptions, etc. being part of the Platform Content (as defined below) or copy, manufacture, or sell any of our designs, for any reason whatsoever, or use our Services for commercial purposes;
Use the Platform in a manner inconsistent with any and all applicable laws;
Attempt, facilitate, or encourage others to do any of the foregoing.
Mama Keto reserves its right to restrict, suspend or terminate your access or use of the Platform for violation of any of the aforesaid restrictions or for any other unlawful or inappropriate conduct.
Pricing, It is possible that prices may be inaccurately displayed on the Platform due to system or typographical errors, despite our attempts to avoid these errors. Mama Keto is not bound by any inadvertent errors or inaccurate advertised prices. We reserve the right to correct any and all errors in the prices, and/or modify the prices without notice at any time. In the event an order is placed at a price that is lower than the actual price of the product, Mama Keto shall have the discretion to cancel the order and request the customer to re-order the product or pay the amount of the price difference to us.
We do not negotiate prices on our products and all our prices are final.
Intellectual Property Rights and Grant of Rights
For purposes of this Agreement “Platform Content” shall mean all information and/or content that you see, hear, or otherwise experience on the Platform including but not limited to product designs, text, graphics, images, software, audio, video, stills, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Platform. All the products and the Platform Content are the property of Mama Keto and are protected by Indian and international copyright, trademark, and other laws. We own or have the license to use all of the intellectual property rights relating to the Platform Content and the products, including their designs. You agree that by virtue of your use of our Platform or Services, you do not acquire any intellectual property rights vested with Mama Keto. We hereby grant you a limited license to access and make personal use of our Platform, subject to conditions, inter alia, in this section 2. You may not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, transmit, broadcast, or otherwise exploit the products or our rights in the products or the Platform Content, except as expressly permitted in the Agreement, without our express prior written consent. You hereby grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise any rights you may have in your information for the purposes, as more particularly stated in our Privacy Policy.
Third-Party Services and Content
The Platform may be integrated with or may otherwise interact with third-party servers, applications, websites, etc. (“Third-Party Services”) to make our Services available to you. You understand and agree that we do not endorse and are not responsible or liable for the behaviour, features, or content of any third-party application nor do we warrant the compatibility or continuing compatibility of the third-party applications with the Platform. The Platform may contain hyperlinks to external websites owned and operated by third parties. We have no responsibility in relation to the accuracy, completeness, and quality of the information contained within such third-party sites, and you access these sites at your own risk. Any and all contents on such third-party sites do not reflect the services or information provided by us. Please note that when you use third-party services, their own terms of use and privacy policies will govern your use of those services. References to any external links should not be construed as an endorsement of the links or their content by us.
Privacy Policy
When you use the Platform, we will collect certain information from you as set forth in more detail in our Privacy Policy, which is hereby incorporated by reference. The Privacy Policy is available at www.mamaketo.co.in
GENERAL TERMS & CONDITIONS OF SALE
Subscription
Mama Keto – To obtain our services for Mama Keto, users will be required to subscribe to any of our available meal subscription packages
Mama Keto Craves / Cheeni Kyun– To obtain our services and/or purchase our products from the Mama Keto platform or 3rd party integration like “Thrive”, users can add requisite products to their shopping cart and ‘checkout’ to the payment stage.
Order
Please note that completion of the online checkout process shall not constitute our acceptance of your offer to purchase products and/or avail services from us. Our acceptance of your order is, inter alia, subject to our receipt of complete payment from you and the availability of the products with us. Prior to the dispatch of the product(s), Mama Keto has the right to decline an order for any reason, including legal or regulatory reasons or the non-availability of necessary materials due to unforeseen circumstances. We will notify you by e-mail as soon as possible to acknowledge that we have received and are processing your order. In the case of Mama Keto Craves/Cheeni Kyun, if we cannot supply you with the product you ordered, we will not process your order, address an e-mail notifying you of the same, and, if you have a
Payment
The digital payment service is provided on the Platform using a third-party payment gateway. By clicking on the payment link on the Platform and entering the payment details, the User confirms that the credit or debit card or banking information provided is complete, accurate, and their own. Please check our Privacy Policy to understand who collects, processes, and stores the payment information supplied by the User at the time of payment. The prices /fees for our services and products as displayed on the Platform are inclusive of applicable taxes, delivery charges and any transaction fee that may be chargeable by the payment gateway service provider for facilitating the digital transaction. The User shall be liable for any damages, loss, costs, expenses, indirect losses, or consequential damages of any kind that may be suffered or incurred by Mama Keto as a result of any fraudulent or illegal transaction perpetrated by the User. Mama Keto does not guarantee the security of the payment information provided by the User on the payment gateway link. We do not accept or assume liability for any damages, losses, costs, expenses, indirect losses, or consequential damages of any kind which may be suffered or incurred by the User from the use of the third-party payment gateway service. All card payments shall be subject to authorisation by the User’s card issuer. We take full payment immediately for all products. Mama Keto shall retain ownership of the meals or products sold until the order has been paid for in full. If full payment is not received by us but the User has already received the product, the User undertakes to complete payment or return the product(s) to us at their expense, in accordance with our return instructions and in the same condition that as when the User had received them.
Delivery
Mama Keto At present, our services for Food Delivery/Subscription are only available within the territories of Bengaluru.
Subscription orders placed before 6:00PM will have the meals delivered the next day i.e. T+1. Subscription orders placed post 6:00 PM will have meals delivered starting T+2.
Delivery days and time
Breakfast, Lunch, Snacks and Dinner are served on all 7 (seven) days of the week. All meals are generally delivered together between 7:00 AM to 10:00 AM (tentative). Our delivery riders will make their best efforts to deliver your orders on time, however, there may be occasional delays due to certain external factors beyond our control. In case a meal is not delivered in this time frame, except due to an event of Force Majeure as may be communicated to you, please reach out to us at contact@mamaketo.co.in or +91 99007 37507 or +91 94484 00007. We will either assist you for expeditious delivery or cancel the meal due to the non-delivery of that particular day’s meal and extend your subscription to that extent. Meals may not be delivered on certain public holidays or when our delivery partners are not working. Users will be informed in advance about the same through any of the following channels - via SMS, phone call, registered email, registered WhatsApp number or notifications on the Platform itself. In the event you require our delivery partner to drop your meal or product at the reception/security gate, we won't be responsible for any subsequent misplacement/theft of the meal or product.
Returns, Exchanges, and Cancellations
Mama Keto Users will be required to ‘subscribe’ to a package with the minimum subscription being for 3 (Three) days.
If you choose to cancel your subscription to a meal plan prior to the same being activated/before the cut-off period prescribed by the Platform, we will refund the entire amount to your bank account. In the event we are unable to deliver any meal(s) to you as a result of circumstances beyond our reasonable control, we will extend the subscription plan to the extent of such meal(s). Although we take the maximum possible care in ensuring that the correct meals are delivered to you and that they are always fresh, you may sometimes receive the wrong meal or a meal with ingredients that may have become stale due to the weather or other conditions. If you receive the wrong meal or a defective meal, please contact us at contact@mamaketo.co.in or +91 9900737507 or please contact the assigned POC within 4 (four) hours of receipt of the meal, along with images of the meal. Once we confirm your claim, we will attempt to replace the meal on the same day however, if we are unable to do so, we will extend your subscription meal to the extent of such meal(s). Please note that disliking the food taste or minor differences in the appearance, colour, or weight of the meals as compared to the images and/or specifications on the Platform, shall not be considered to be “receipt of wrong meal” or “meal(s) received with defect”. There will be no replacement, refund or extension in the subscription plan in such a case. The decision regarding whether a meal is wrongly delivered or defective shall be at the sole discretion of Mama Keto.
Refund Policy
Plans below 28 days are not eligible for a refund
Conditions of 28 days Plans
Cancellation of the subscription within 12 days = 50% Refund.
Cancellation of subscription post 12 days = 0% No Refund.
. Subscribers can pause their subscriptions for up to 10 days only.
Conditions of 56 days Plans
Cancellation of the subscription within 20 days = 50% Cash Back
Cancellation of subscription post 12 days = 0% No Refund.
Subscribers can pause their subscriptions for up to 10 days only.
Conditions of 84 days Plans
Cancellation of the subscription within 30 days = 50% Cash Back.
Cancellation of subscription post 30 days = 0% No Refund.
Subscribers can pause their subscriptions for up to 10 days only.
Refund Policy for Transform12 Plan
. Cancellation of subscription within 30 days = 50% Cash Back.
Plan cannot be paused or missed days cannot be added back.
The refund amount will be credited to the source account within 15 working days
The refund amount is subject to a deduction of 2% of transaction charges.
Discounts, Offers & Cash Back Policy
Example
Display Rate – 100 INR
Discount – 20% i.e. 20 INR
Payable – 80 INR
Cash back on payable – 10% i.e. 8 INR (credit is made available on your web app)
Mama Keto reserves the right to cancel/change/modify/add/delete any of the terms and conditions of the offer at any time without notice Mama Keto reserves the right to terminate the offer at any time without notice Mama Keto reserves the right to deny honouring the offer on the grounds of suspicion or abuse of the offer by any customer without providing customer any explanation thereof
Mama Keto Craves
As Mama Keto offers a unique range of products on its Mama Keto Craves platform which are often perishable, we are not able to offer any returns or exchanges on our products. An order once placed, shall be final and non-refundable. Once the order is placed by the User, there can be no cancellation for any reason whatsoever, except only in a situation where the delivery of the product(s) is delayed by more than 8 (eight) hours beyond the selected delivery date. In such a case, the User may cancel the order at his/her option by contacting us at contact@mamaketo.co.in or +91 9900737507 and we will issue a full refund to the User’s bank account. In the event of unavailability of a product or if the User receives the wrong product(s) or product(s) with material defects and in a damaged condition, the User must immediately call us at +91 9900737507 and e-mail us at contact@mamaketo.co.in on receipt of the package, along with images of the product(s). Once we confirm that the products received by the User qualify under the abovementioned conditions, we will replace the relevant product or process a full refund for the relevant product. Please note that taste of the product or minor differences in the appearance, colour, or weight of the products as compared to the images and/or specifications on the Platform, shall not be considered to be “receipt of wrong product” or “product(s) received in damaged condition”. The decision regarding whether a product is damaged or not shall be at the sole discretion of Mama Keto. Force Majeure You acknowledge that Mama Keto may not be able to deliver the meal (in case of Food Subscription) or the product (in case of Mama Keto Craves) under an order or meal subscription plan or there may be a long delay in delivery of the same, due to ‘Force Majeure’ events such as natural disasters, fire, pandemics or epidemics, lockdowns, strike, war, accident, embargo etc. In case Mama Keto anticipates an inability to deliver or delay in delivery of the meals/products due to an event of ‘Force Majeure’, we may have to cancel or postpone your orders. Please note that Mama Keto shall not be liable to Users for any such cancellation or delayed delivery of User’s orders, except to the extent of refunding any pre-paid amounts. Grievance Redressal For any queries or grievances in relation to the Platform or our Services, you may contact our Grievance Redressal Officer (Mr Praveen Kumar) at Praveen@mamaketo.co.in or +91 9448400007 or by writing to us at the following address: No 506 AMU, 11th Cross, 4th Main, Woc Rd, Mahalaxmipuram, Bangalore, 560086
LEGAL TERMS & CONDITIONS
Disclaimers Mama Keto is a proprietorship firm engaged in providing healthy food and services on the Platform. However, Mama Keto does not take any responsibility for any adverse health effects on the User arising from the consumption of any meals/products or usage of our Services. General: We expressly disclaim any liabilities and warranties regarding the security, accuracy, reliability, applicability to you, effectiveness, timeliness, and performance of our Services, or that the Services will be error-free or that any errors will be corrected. No advice or information provided to you by Mama Keto will create any liability or warranty that is not expressly stated herein. Nothing available on the Platform shall constitute Mama Keto’s opinion and should not be relied upon in making (or refrain from making) any decision. Healthy Meal Services: We expressly rely on details provided/disclosed to us by the User for providing our Meals. We do not take any responsibility for any adverse health or physical effects that may be caused due to the consumption of our food products and/or due to the User’s lack of disclosure or negligence in disclosing any important details. Users must consult a Physician/Medical Practitioner/Nutritionist prior to availing of the services provided by Mama Keto. The information provided during onboarding is for general information purposes only and is not intended to be a substitute for professional medical/nutritional advice. We do not provide or claim to provide any medical advice or nutritional advice. Our representations regarding weight loss are based on an average understanding and the actual results may vary from person to person. We do not diagnose, treat or cure any disease. The benefits and/or effects of consuming our product(s)/meals(s) may vary from person to person depending on several factors including their genetic make- up, lifestyle and physical activity levels. You are availing our Services voluntarily after being made aware that there might be health risks that may be caused by your own acts or omissions, unknown or unforeseeable at the time of availing our Services. You assume the risk of availing our Services and release us from all liability arising therefrom. Platform: Mama Keto does not accept or assume any liability in case of interruption of its Services through this Platform, as a result of any maintenance issues or upgrades, emergency repairs, or failure of telecommunications links and equipment or events that are beyond our control. The User shall be responsible for obtaining and maintaining telephone, computer hardware, and other equipment needed for access to and use of the Platform and all charges related thereto. We shall not be liable for any damages to the User’s equipment resulting from the use of the Platform. Third-Party Delivery: We have engaged a third-party delivery partner for delivering our meals/products to you. We specifically disclaim any liabilities and warranties with respect to the delivery of our meals/product(s) to you, arising due to the services rendered by such third-party service providers. Force Majeure: We and/or our partners shall, under no circumstances whatsoever, be liable for any delay and/or default in performance under this Agreement caused by an event beyond our reasonable control, including but not limited to, war, accident, lockdown, epidemic, pandemic, law and order situation, industrial action, embargo, or any other supplier of goods or services to us or to you. Indemnity You agree to indemnify, defend and hold harmless Mama Keto, its partners, licensors, or affiliates from and against any claims, losses, expenses, or costs arising out of misrepresentations regarding your health conditions, your breach of this Agreement including or the documents it incorporates by reference, or your violation of any law, rules or regulations or the rights of a third party. Limitation of Liability To the maximum extent permissible by applicable laws, in no event will Mama Keto and/or its partners, and proprietors be liable to you for any, indirect, incidental, special, punitive, or consequential damages, or lost profits, arising out of, or in connection with, your use of the Services and/or the Platform, whether the damages are foreseeable, and/or whether or not we have been advised of the possibility of such damages in advance. Our liability, if any, will always be limited to a maximum of the total price of our Service/product purchased by you. Except as otherwise required by applicable law, any claim or cause of action you may have against us must be brought to our attention within 30 (thirty) days of the occurrence of the event giving rise to the claim or cause of action, or the same will be deemed to be forever barred. Governing Law and Jurisdiction The Agreement shall be strictly governed by and constructed in accordance with the laws of India, the Courts of Bengaluru, India shall have exclusive jurisdiction over any disputes arising from the Agreement or use of the Platform. Miscellaneous: • No injunctive relief: To the maximum extent permissible under applicable law, you shall not have the right to seek an injunction or injunctive relief against us for any reason whatsoever. This section shall survive the termination of the Agreement. • Severability: In the event that any term, condition, or provision of the Agreement is held to be a violation of any applicable law, statute, or regulation the same shall be deemed to be deleted from the Agreement and shall be of no force and effect and the Agreement shall remain in full force and effect as if such term, condition, or provision had not originally been contained in the Agreement. • Notices: Notices by you to us hereunder shall be invalid unless made in writing and duly signed, and sent to our e-mail address or to the mailing address provided below. • Assignment and Delegation: You cannot transfer your Account or assign any of your rights or delegate any of your obligations under the Agreement. We may freely transfer, assign or delegate the Agreement or our rights and duties under the Agreement. • No Waiver: Our failure or delay to exercise or enforce any right or claim does not constitute a waiver of such right or claim and shall in no way affect our right to later enforce or exercise it. • Headings: The section headings are for convenience only and shall not limit, govern, or otherwise affect the interpretation or construction of the Agreement in any way. • Entire Agreement: This Agreement constitutes the entire agreement between the parties with respect to the within-subject matter and supersedes any previous understanding, document, e-mail between the parties. This Agreement shall only be modified in writing, executed by both parties • Prevailing Language: The English language version of these Terms shall be decisive in all respects and shall prevail in case of any inconsistencies with translated versions if any. ENTITY NAME: Mama Keto ADDRESS: No 506, Amu, 11th Cross, 4th Main, Woc Road, Mahalaxmipuram, Bangalore -560086. Email address: contact@mamaketo.co.in & Praveen@mamaketo.co.in