Terms & Conditions

Welcome to the website of MM Rubber Company Limited (the “Company”, “We”, “Us”, or “Our”), www.mmfoam.in (the “Website”). The Website is designed to be both a service and source of information for our valued customers. By using the Website, you agree to be bound by the following terms and conditions as well as the terms and conditions contained in the privacy policy and Return Policy. Please review the same carefully. These terms and conditions (the “Agreement” or “Terms and Conditions”) specify the terms and conditions for use of the Website. This Agreement may be modified from time to time by the Company without notice and the modified Agreement shall become effective immediately on the same being displayed on the Website.

If you do not agree to the terms and conditions of the Agreement, please refrain from using the Website.

By using this Website, you hereby agree and acknowledge as follows:-

  • (a) You are capable of entering into legally binding contracts in accordance with the provisions of the Indian Contract Act, 1872
  • (b) You are at least 18 years of age;
  • (c) You are not a person barred from receiving services or goods under any applicable law in India
  • • Your privacy is important to Us and We shall strive to protect the same. We will not share your personal information with anyone save and except as provided in Our privacy policy.
  • • You hereby consent to the Company sending you administrative and promotional communications including inter-alia emails and SMS. We will send you information regarding your account activity and purchases, as well as updates about the Company’s products and promotional offers. You can opt-out of such promotional emails anytime by clicking the unsubscribe link at the bottom of any of Our email correspondences. Please see Our privacy policy for details.

If you have any questions about these terms and conditions, please contact Us on customercare@mmfoam.in

1. General

This Agreement sets forth the terms and conditions that apply to the use of this Website by you. By using this Website (other than to read this Agreement for the first time), you agree to comply with all of the terms and conditions hereof. The right to use this Website is personal to you and is not transferable to any other person or entity. You shall be responsible for protecting the confidentiality of your user id and password(s), if any.

While you may be able to access the Website freely subject to the provisions of this Agreement, certain features of the Website (such as the ability to place orders for the products of the Company, etc.) will not be available to you until you first register yourself on the Website and create your individual registration account on the Website. You agree that all registration information submitted by you shall be correct and complete and that you shall promptly update such information as and when any changes occur thereto.

You are required to create an account in order to purchase any product from Our Website. This is required so We can provide you with easy access to print your orders, view your past purchases, and modify your preferences.

2. Purchase of Products through the Website

The products/services and information displayed on the Website constitute an "invitation to offer" to you. Your order for purchase of products or services of the Company constitutes your "offer" which shall be subject to the terms and conditions of the Agreement. The Company reserves the right to accept or reject your offer at its sole discretion. If you have supplied Us with your valid email address, We will notify you by email as soon as possible to confirm receipt of your order and email you again to confirm details and, thereafter, process the order. Our acceptance of your order will take place upon dispatch of the product(s) ordered or commencement of performance of the service(s) ordered. No act or omission of the Company prior to the actual dispatch of the product(s) / commencement of performance of the service(s) ordered will constitute acceptance of your offer. By placing an order, you make an offer to the Company to purchase products you have selected based on standard MM Rubber Company Ltd. restrictions, merchant-specific restrictions, warranty conditions and on the terms and conditions contained in this Agreement.

3. Modified Terms

The Company reserves the right at all times to discontinue or modify any of the terms and conditions of this Agreement and/or the privacy policy as may be deemed necessary or desirable by it at its sole discretion, without prior notification to you. Such changes may include, among other things, the adding of certain fees or charges. It is, therefore, recommended, that you check the Website from time to time in order to stay informed as to any such changes. If We make changes to the terms and conditions of the Agreement and privacy policy and you continue to use the Website, you shall be deemed to have agreed to such modified Agreement and privacy policy. Any such deletions or modifications shall be effective immediately upon the Company posting the modified versions on the Website. Any use of the Website by you after such modified Agreement and/or privacy policy is displayed on the Website shall be deemed to constitute acceptance by you of such modifications.

4. License and site access

You agree that the Website contains information and material that is owned by the Company and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to trademark and copyright. You agree that you will not use such information or materials in any way whatsoever except for use of the Website in compliance with this Agreement. No portion of the Website may be reproduced in any form or by any means, except as expressly permitted in this Agreement. The use of any part of the Website, except for use thereof as expressly permitted in this Agreement, is strictly prohibited, and such unauthorized use may infringe on the intellectual property rights of the Company or others and may subject you to civil and criminal penalties and actions, including possible monetary damages. Nothing contained herein, shall be construed or interpreted as a transfer, assignment in your favour, of any intellectual property rights in respect of, or as a grant of any license or right in your favour, of any intellectual property rights in respect of the Website or any part thereof, including, but not limited to, the trade marks or brand or company name, logos, by implication or otherwise, and such intellectual property rights shall remain the sole and absolute property of the Company.

The Company and its licensors own and reserve all right, title, and interest in and to the Website. The Company hereby grants you a limited, revocable, non-exclusive, non-sub-licensable, non-transferable permission to access and use the Website for your personal use alone solely in accordance with this Agreement.

You shall not use the Website in any manner or for any purpose other than as expressly permitted by this Agreement. You shall not, and shall not attempt to:

  • (a) modify, adapt, translate, alter, tamper with, repair, or otherwise create derivative works of any information, text, graphics, links, content, materials and/or software included in the Website (the “Materials”) or any part thereof;
  • (b) merge the Website, and/or any Materials or any part thereof with other software;
  • (c) reverse engineer, disassemble, or decompile the Website, any Materials or any part thereof, or apply any other process or procedure to derive the source code of any software included in the Website and/or the Materials;
  • (d) access all or any part of the Website, and/or Materials in order to build a product or service which competes with the business of the Company or the Website;
  • (f) use the Website and/or the Materials to provide services to third parties;
  • (g) license, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or otherwise make the Website and/or the Materials available to any third party;
  • (h) attempt to obtain, or assist third parties in obtaining access to the Website, and/or the Materials;
  • (i) cover or obscure any banner advertisements on the Website, or any page via HTML/CSS, scripting, or any other means;
  • (j) interfere with, disrupt, or create an undue burden on the Website or the networks or services connected to the Website;
  • (k) introduce software or automated agents to the Website and/or the Materials, or access the Website so as to produce multiple accounts, generate automated messages, or to strip or mine data from the Website;
  • (l) interfere with, disrupt, or modify any data or functionality of the Website and/or the Materials;
  • (m) attempt to impersonate others, including any of the Company’s employees, or otherwise provide false information in the course of registering on the Website or creating an account thereon;
  • (n) use the Website and/or the Materials in a manner which would amount to a breach of any applicable laws and regulations;
  • (o) download or copy account information for the benefit of another vendor or any other person;
  • (p) cache unauthorized hypertext links to the Website;
  • (q) frame any content available through the Website;
  • (r) upload, post or transmit any content that you do not have a right to make available (such as the intellectual property of another party);
  • (s) upload, post or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment;
  • (t) perform any action that imposes or may impose an unreasonable or disproportionately large load on the infrastructure of the Company; and/or
  • (u) bypass any measure used by the Company to prevent or restrict access to the Website or any part thereof.
5. Eligibility to use the Website

You agree and acknowledge that you shall not be entitled to use the Website if you were a user who was suspended or removed from the system by the Company for any reason. You hereby acknowledge that users may not have more than one active account. Furthermore, users are prohibited from selling, trading, or otherwise transferring their account to another party.

6. Your account

You agree to provide true, accurate, current and complete information about yourself as prompted by the Website's registration form. If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or the Company has reasonable grounds to suspect that such information or any part thereof is untrue, inaccurate, incomplete or not current, the Company has the right to suspend or terminate your account and refuse to permit you any and all current or future use of the Website (or any portion thereof). You agree that you are solely responsible for maintaining the confidentiality of your account and password, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. The Company strongly recommends that you logout from your account at the end of each session. You agree to notify the Company immediately of any unauthorized use of your account or any other breach of security. The Company reserves the right to refuse service, terminate accounts, or remove or edit content in its sole discretion.

7. Credit card/debit card/ internet banking information

Credit card information collected for the purpose of payment of product(s) purchased on the Website will be stored securely using a 128 bit secure socket layer ("sol") technology.

Credit card information will be masked on your account and will not be visible to the Company’s customer service operators.

You agree, understand and confirm that the credit card/ internet banking details provided by you for availing of services or purchasing products on the Website will be correct and accurate. You further agree that you shall not use credit card / bank account details which are not lawfully yours, nor shall you pay or attempt to pay for product(s) using fraudulent credit card/ bank account information. You further agree and undertake to provide the correct and valid credit card/bank account details to the Company.

Further, the said information will not be utilized and shared by the Company with any third parties unless required for fraud verifications or by law, regulation or court order. The Company will not be liable for any credit card/bank account fraud. The liability for use of a card/bank account fraudulently will be on you and the onus to 'prove otherwise' shall be exclusively yours.

8. Pricing information

The Company strives to provide you with the best prices possible on product(s) you buy from the Company through the Website, however, the Company does not make any guarantee, representation or warranty that the price of the products as quoted on the Website will be the lowest in the city, region or geography in which you are located. Prices and availability of the products are subject to change without notice.

While the Company strives to provide accurate product and pricing information, pricing or typographical errors may occur. In the event that a product is listed at an incorrect price or with incorrect information due to an error in pricing or product information, the Company may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation.

The Company will have the right to modify the price of the product at any time at its sole discretion. In the event of any such modification to the price prior to the product being dispatched to you, the new price shall become applicable to such order. In such circumstances, the Company may, at its sole discretion, contact you at the email address provided by you at the time of registration, for further instructions on whether you wish to proceed with the purchase of the products at the new price, or cancel the order and notify you of such cancellation.

In the event that the Company accepts your order, the price shall be debited to your credit card/bank account. The payment may be processed prior to the Company dispatching the product that you have ordered. If the Company decides to cancel the order after having processed the payment, the said amount will be reversed back to your credit card account/bank account.

9. Cancellation by the Company

Please note that there may be certain orders that we are unable to accept or which we would, post accepting the same, require to cancel. We reserve the right, at our sole discretion, to refuse or cancel any order at our sole discretion. Some situations that may result in your order being cancelled by us include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. The Company may also require additional verifications or information before accepting any order. The Company will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after your credit card/bank account has been charged, the said amount will be reversed back to your card/bank account.

10. Cancellations by the customer

In case of requests from you for order cancellations, the Company reserves the right to accept or reject requests for order cancellations at its sole discretion. As part of usual business practice, if the Company receives a cancellation request from you and the order has not been processed / approved by the Company, the Company shall cancel the order and refund the entire amount paid by you to the Company in respect of such order.

You agree and acknowledge that the Company shall not entertain cancellation requests from you in respect of orders that have already been processed. For cancellation of orders that have been dispatched please refer to our Return Policy document, the terms whereof shall be deemed to have been incorporated by reference into this Agreement. The Company has the full right to decide whether an order has been or should be processed or not. You agree not to dispute the decision made by the Company and agree to accept the Company’s decision regarding the cancellation.

If, based on your request for cancellation, your order is cancelled after your credit card/bank account has been charged, the said amount will be returned to your credit card/bank account.

11. Fraudulent /declined transactions

You agree and acknowledge that in the event of fraudulent use of the Website by you or in the case of declined transactions initiated by you on the Website, the Company, in addition to any other rights or remedies available to it under law or contract, shall be entitled to recover from you, the cost of products, collection charges and lawyers’ fees, and any other costs and charges incurred by it. The Company shall also be entitled to initiate legal proceedings, whether civil or criminal, in connection with the above.

12. Colour

The Company has made all attempts to exhibit the colours of the products that appear on the Website, as accurately as possible. However, you acknowledge that the actual colour of the product may differ from the colour of the product viewed by you on the Website, owing to numerous factors, including without limitation, the display of your monitor/screen, photography issues, etc. You therefore acknowledge that the Company does not guarantee that the colour as seen by you owing to the actual colours of your monitor/screen will not differ from the actual colour of the product, and further you acknowledge that the Company does not guarantee that your monitor's display of any colour will be accurate.

13. Limitation of liability

The Company will not be liable for short delivery or defective products unless a claim is notified by you in accordance with the procedure and timeframe specified in the Return Policy.

Without prejudice to anything contained in this Agreement, the Company will not be liable in any way for loss, damage, costs or expenses (including loss of profit, revenue, goodwill or data) arising directly or indirectly from any failure or delay in performing any of its obligations under this Agreement by reason of any event or circumstance outside the reasonable control of the Company, including but not limited to, strikes, industrial action, failure of power supplies or equipment, war, government action or act of God.

You expressly understand and agree that the Company and its subsidiaries, affiliates, directors, officers, employees, agents, representatives, partners and licensors (the “MM Parties”) shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the MM Parties have been advised of the possibility of such damages), resulting from use of the Website, Material and content thereon, sale and supply of products, content or any related goods and services.

Without prejudice to the generality of the clauses above, the total liability of the Company to you for any and all liabilities arising out of or pertaining to this Agreement or any transactions entered into by you with the Company pursuant thereto, under any applicable law, is limited to the order value of the product ordered by you.

This limitation of liability clause shall prevail over any conflicting or inconsistent provision contained in any of the documents comprising this Agreement. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, Trojan horses and other items of a destructive nature.

14. Indemnity

You agree to indemnify and hold the Company and its technology partners, associates, licensors, subsidiaries, officers, directors, agents, subsidiaries, joint ventures, and employees (the “Indemnified Parties”) harmless from any and all losses, damages, liabilities, costs and expenses (including reasonable attorneys’ fees), proceedings, claims and/or demands, incurred or suffered by the Indemnified Parties arising out of or related to your breach of this Agreement, or your violation of the rights of a third party, or arising out of violation of any applicable laws including but not limited to payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and/or infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this Agreement.

15. Customer communication

The Company will communicate with you in connection with your account or about your order and the purchased product using email, sms and telephone or all of them or any other mode, from the details provided by you at the time of registration or as updated by you on your account with the Website. When you use the site or send emails to the Company, you are communicating with the Company electronically. You hereby give your consent to receive communications from the Company electronically. Please note that the Company may not be able to contact you on your mobile number in case your mobile number is part of DNC (do not call) list as generated by the TRAI (Telecom Regulatory Authority of India).

From time to time, the Company may also send you marketing material. If you do not wish to receive such material, you may unsubscribe from our mailing list at any time by using the unsubscribe function in the electronic marketing communication or by contacting customer care.

You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

The Company promotional alerts are sms messages that are sent to opted-in users that contain promotional content for customers of the Company. All the Company promotional alerts are complimentary, message & data rates may apply. Depending on your text plan, you may be charged by your carrier. To stop receiving all Company promotional alert messages, simply click unsubscribe link provided below every email/sms

16. Website-provided email and postings

The Website may provide users with the ability to send email messages to other users and to post messages on the Website. The Company is under no obligation to review any messages; information or content ("postings") posted on the Website by users and assumes no responsibility or liability relating to any such postings. Notwithstanding the above, the Company may from time to time monitor the postings on the Website and may, at its sole discretion, remove any email or postings or decline to accept and/or remove any email or postings.

Additionally, you will not take any of the following actions with respect to the Website and/or the Materials and/or any software related thereto, nor will you use the Website and/or Materials and/or related software to upload, post, email, distribute, transmit, link, solicit or otherwise make available any material which, in any manner:

  • (a) is unlawful, harmful, threatening, harassing, abusive, defamatory, slanderous, anti-national, seditious, vulgar, gratuitously violent, obscene, profane, pornographic, indecent, lewd, libellous, invasive of another's privacy, or racially, ethnically or otherwise offensive, hateful or abusive, or which would give rise to civil liability;
  • (b) infringes someone else's patent, trademark, trade secret, copyright or other intellectual property or other rights or in any manner, promotes, copies, performs or distributes an illegal or unauthorized copy of another person's work that is protected by copyright or trade secret law, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protection devices, or providing pirated music, videos, or movies, or links to such pirated music, videos, or movies;
  • (c) removes any proprietary notices or labels on the Materials;
  • (d) advocates or solicits violence, criminal conduct or the violation of any local, state, national or international law or the rights of any third party;
  • (e) is deceptive in any way, such as an offer to sell fraudulent goods or contains an impersonation of any person or entity or misrepresents an affiliation with a person or entity;
  • (f) specifically advertises firearms or ammunition, tobacco, alcohol, illegal drugs, or other contraband;
  • (g) constitutes unsolicited or unauthorized advertising, solicitation, junk or bulk e-mail (SPAM), chain letters, or any other unsolicited commercial or non-commercial communication;
  • (h) interferes with others using the Website;
  • (i) contains software viruses, worms, time bombs, corrupted files, Trojan horses or any other computer code, files, or programs that are designed or intended to disrupt, damage, overburden, impair or limit the functioning of any software, hardware, network, server or communications systems or equipment;
  • (j) contains a charity request, petitions for signatures, chain letters or letters relating to a pyramid scheme;
  • (k) disrupts, interferes or inhibits any other user from enjoying the Website and/or the Materials, or other affiliated or linked portals, material, contents, products and/or services;
  • (l) uses any robot, spider, or other such programmatic or automatic device, inducing but not limited to automated dial-in or inquiry devices, to obtain information from the Website or otherwise monitor or copy any portion of the Website, products and/or services;
  • (m) creates a false identity for the purpose of misleading others or impersonating others or providing any false information;
  • (n) prepares, compiles, uses, downloads or otherwise copies any user information and/or usage information or any portion thereof, or transmit, provide or otherwise distribute (whether or not for a fee) such information to any third party;
  • (o) uses any of the Company’s domain names as a pseudonymous return email address;
  • (p) contains any offer for unsolicited goods or services or any advertising or promotional materials;
  • (q) attempts to disable, bypass, modify, defeat or otherwise circumvent any of the digital rights management or other security related tools incorporated into the software or any Materials or the Website;
  • (r) reproduces, duplicates, copies, sells, trades, resells or exploits for any commercial purposes, any portion of the Website or Materials, use of the Website, or access to the Website;
  • (s) publishes, publicly performs or displays, or distributes to any third party, any Materials, including reproduction on any computer network or broadcast or publications media;
  • (t) systematically collects and uses any Materials including the use of any data mining, or similar data gathering and extraction methods;
  • (u) makes derivative uses of the Website or the Materials;
  • (v) uses, frames, or utilizes framing techniques to enclose any portion of the Website (including the images found in the Website or any text or the layout/design of any page or form contained on a page);
  • (w) modifies, translates, decompiles, disassembles, uses reverse engineering or otherwise attempts to derive the source code for the computer systems and other technology that operates the Website. For purposes of these terms, "reverse engineering" shall include the examination or analysis of the Website to determine the source code, structure, organization, internal design, algorithms or encryption devices of the Website's underlying technology;
  • (x) forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting;
  • (y) provide any personal information such as messages which state phone numbers, social security numbers, accounts numbers, addresses, or employer references;
  • (z) identical (or substantially similar) messages to multiple recipients advertising any product or service, expressing a political or other similar message, or any other type of unsolicited commercial message; and/or
  • (za) otherwise violates the terms of this Agreement or creates liability for the Company.

The above prohibition includes but is not limited to a) using Company invitations to send messages to people who do not know you or who are unlikely to recognize you as a known contact; b) using the Website to connect to people who do not know you and then sending unsolicited promotional messages to those direct connections without their permission; and c) sending messages to distribution lists, newsgroup aliases, or group aliases.

17. Applicable Law & Arbitration
  • (i) This Agreement shall be governed by the laws of India.
  • (ii) All disputes arising out of this Agreement, which cannot be settled through mutual discussion shall be referred to and decided finally by arbitration held at Bangalore, under and in accordance with the provisions of the Arbitration and Conciliation Act, 1996. The courts at Bangalore shall have exclusive jurisdiction with regard to any matters relating to such arbitration.
18. Termination of your account

18.1 Where you have created an account for yourself and registered on the Website, you acknowledge that your account and the rights associated therewith can be cancelled, without any liability on Our part, under the following circumstances:

  • (i) Where you opt to close your account by clicking on the “Opt Out” button;
  • (ii) Where the Company reasonably suspects you of violating any provisions of this Agreement; or
  • (iii) Where your account has not been used or logged into for a significant duration of time;

18.2 Upon cancellation of your account for any reason whatsoever, all rights granted to you will immediately and automatically terminate and you may not be able to use the features of the Website that were available to you during the time your account was still active. You acknowledge, however, that cancellation of your account shall not prejudice any rights or remedies available to the Company against you under law or this Agreement.

18.3 You acknowledge that on and from the date of cancellation of your account, the Company shall be entitled to delete from its systems, the content and postings uploaded by you on the Website. You agree and acknowledge that you shall be solely responsible for creating back-ups of your content.

18.4 You understand and acknowledge that you have no ownership rights in your account and that if your account is cancelled, all content uploaded by you on the Website, will be marked as deleted in and may be deleted from the Company’s databases and will be removed from any public area of the Website. You acknowledge that even after the Company deletes your content, copies may, at the discretion of the Company, remain viewable elsewhere to the extent it has been shared publicly, or with other users, or was copied or stored by others. The Company may also retain certain information for customer service, legal and similar business purposes. The Company will also retain logs, demographic, indirect, and statistical information that may relate to you but do not identify you personally. Moreover, notwithstanding the cancellation of your account, the Company shall be entitled to continue to use information pertaining to you for its business analytics and other purposes as detailed in the Privacy Policy, without requiring your consent or authorization in any manner.

19. Reporting Abuse

If you have reason to believe that any materials and/or content on the Website violates the provisions of clause 17 above or personal information has been displayed on the Website in such a manner that the same is publicly accessible or your copyrighted work or trademark has been uploaded, posted or copied to the Website and is accessible on the Website in a way that constitutes copyright or trademark infringement (hereinafter referred to as “Abuse”), please contact the designated grievance officer of the Company by email at customercare@mmfoam.in or by regular mail at:
MM Rubber Company Ltd,
Janpriya Crest, 3rd Floor,
113, Pantheon Road,
Egmore, Chennai-600008.

The Company treats all Abuse reports concerning the Website seriously and is dedicated to investigating all violations submitted to us. The Abuse report submitted by you will need to contain the following information: -

  • 1. Your email address:
  • 2. URL of the offending page:
  • 3. Identification of the infringing material and a brief description of the Abuse complained of:
  • 4. Your contact details (Address, telephone number, etc.):

The process followed by the Company upon receiving an Abuse report is as follows:

  • (a) Once the Abuse report is received by the Company, the grievance officer of the Company shall proceed to investigate the same. Such investigation shall be completed within a maximum period of __ working days from the time of the Company’s receipt of the Abuse report;
  • (b) Upon completion of the investigation process, the Company will forward a copy of the Abuse report to the concerned user of the Website;
  • (c) If the Company is satisfied that the complaint contained in the Abuse report is genuine, the Company shall remove from the Website, the offending content.

Please note, however, that the Company alone shall take all decisions regarding whether the or not the content complained of in the Abuse report actually constitutes Abuse. Further, you acknowledge that it is within the Company's sole discretion whether to enforce the Company's terms of service in response to any particular complaint. If the Company does not act, it is not considered a waiver of any right to do so in the future. Please note, the information provided here does not represent legal advice and is for informational purposes only. You may need to obtain professional legal advice for certain types of complaints.