Terms of Service

Terms of Service   Welcome to the Internet sites of www.mumsthai.com. (“Mum’s Thai”). www.mumsthai.com internet sites affiliated with www.mumsthai.com. (Each a “www.mumsthai.com Site”). Each www.mumsthai.com Site is operated by Mum’s Thai, Ltd and its affiliates (collectively referred to herein as “we,” “us,” or “our”).   PLEASE NOTE THAT YOUR USE OF THE WWW.MUMSTHAI.COM SITE IS SUBJECT TO THE FOLLOWING TERMS (“TERMS OF SERVICE”). IF YOU DO NOT AGREE WITH ANY OF THESE TERMS OF SERVICE, DO NOT ACCESS OR OTHERWISE USE THIS WWW.MUMSTHAI.COM SITE OR ANY INFORMATION OR MATERIALS CONTAINED ON THE SITE. YOUR USE OF THE WWW.MUMSTHAI.COM SITE SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW. THE TERMS OF SERVICE MAY BE UPDATED BY WWW.MUMSTHAI.COM FROM TIME TO TIME WITH OR WITHOUT NOTICE TO YOU. YOU’RE CONTINUED USE OF THE WWW.MUMSTHAI.COM SITE INDICATES ACCEPTANCE OF ANY MODIFICATIONS TO THE TERMS OF SERVICE. [back to top]
User Obligations You agree not to do any of the following while using the www.mumsthai.com Site: Intentionally or unintentionally violate any applicable law or regulation. Access, tamper with, or use non-public areas of the www.mumsthai.com Site or www.mumsthai.com’s computer systems. Unauthorized individuals attempting to access or tamper with these areas may be subject to prosecution. Frame or link to the www.mumsthai.com Site except as permitted in writing by www.mumsthai.com. [back to top]
Title and Ownership Title to, and ownership of, all food or drinks passes from www.mumsthai.com to the purchaser at the restaurant and state it is purchased in and the purchaser takes all responsibility for the shipping it from the restaurant to his/her home state. By arranging for transportation of the food or drinks, www.mumsthai.com is providing a service to, and acting on behalf of the purchaser. By utilizing this service from www.mumsthai.com, the purchaser is representing that he/she is acting in a fashion compliant with his/her local and state laws regarding the purchase, transportation and delivery of food or drinks. The purchaser represents that he/she has obtained any required permission, paid any required fees, is working through properly licensed intermediaries where required, is legally entitled to take possession of food or drinks and is legally entitled to take quantities ordered and once again authorizes that he/she is 18 years of age. [back to top]
Third Party Content and Monitoring Any opinions, advice, statements, services, offers, events or other information or content expressed or made available on this www.mumsthai.com Site by third parties (including information providers and users) are those of the respective author(s) or distributor(s) and not of www.mumsthai.com. www.mumsthai.com neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information, or statement made on this www.mumsthai.com Site by anyone other than authorized www.mumsthai.com employees acting in their official capacities. [back to top]
  Parental Control Protections As required by the data portion Act of 1989 and 2006, www.mumsthai.com hereby notifies you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to Content that may be harmful to minors. Among the many companies that provide Internet blocking and screening software. www.mumsthai.com does not sponsor or endorse any of these companies or their services. [back to top]
Links The www.mumsthai.com Site may contain links to other web sites or resources. You acknowledge and agree that www.mumsthai.com is not responsible or liable for (1) the availability or accuracy of such web sites or resources; or (2) the content, advertising, or products on or available from such web sites or resources. The inclusion of any link on the www.mumsthai.com Site does not imply that www.mumsthai.com endorses the linked site. [back to top]
GIFT CERTIFICATES Gift certificates must be redeemed through the www.mumsthai.com Web site, http://www.mumsthai.com, toward the purchase of products listed in www.mumsthai.com’s online catalogue. Gift certificates cannot be used to purchase gift certificates or gift cards, such as www.mumsthai.com Gift Certificates. Gift certificates are not redeemable for cash and cannot be returned for a cash refund, except to the extent required by law. Any unused balance will be placed in the recipient’s gift certificate account and is not transferable. The original expiration date will apply to any unused balance. If your order exceeds the amount of your gift certificate, you must pay for the balance with a credit card. Gift certificate cash value is 1/10 of one cent. Gift certificates and their use on the www.mumsthai.com Web site are subject to www.mumsthai.com’s general Terms of Service and Privacy Policy. We are not responsible for lost or stolen gift certificates. If you have any questions, please visit the www.mumsthai.com online at http://www.mumsthai.com/customer care. www.mumsthai.com will have the right to close customer accounts and request alternative forms of payment if a fraudulently obtained gift certificate is either redeemed through the www.mumsthai.com Web site or is redeemed and used to make purchases on the www.mumsthai.com Web site. www.mumsthai.com may provide gift certificate purchasers with information about the redemption status of gift certificates.   www.mumsthai.com, GIFT CERTIFICATES, LTD. (“WCGC”) AND ITS AFFILIATES MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO GIFT CERTIFICATES, LTDLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT A GIFT CERTIFICATE CODE IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH GIFT CERTIFICATE. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. www.mumsthai.com gift certificates are issued and sold by www.mumsthai.com Gift Certificates, Ltd., an Idaho corporation. By visiting www.mumsthai.com, you agree that the laws of the state of Idaho, without regard to principles of conflict of laws, will govern these gift certificate terms and conditions.   Any dispute relating in any way to www.mumsthai.com gift certificates shall be submitted to confidential arbitration in Boise, Idaho, except that, to the extent you have in any manner violated or threatened to violate www.mumsthai.com’s intellectual property rights, www.mumsthai.com may seek injunctive or other appropriate relief in any state or federal court in the state of Idaho, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise. WCGC reserves the right to change these terms and conditions from time to time in its discretion.   All terms and conditions are applicable to the extent permitted by law.                [back to top]
www.mumsthai.com Stewardship Welcome to the terms and conditions (“Terms”) for Steward-Ship. These Terms are between you and www.mumsthai.com, Ltd., and/or its affiliates (“www.mumsthai.com” or “Us”), and govern our respective rights and obligations. The Terms, together with applicable terms and conditions related to any promotional offers provided to you for use with Steward-Ship, constitute the entire agreement between you and www.mumsthai.com related to the Steward-Ship shipping membership program. Please note that your use of the www.mumsthai.com Web site and Steward-Ship membership are also governed by our Terms of Service and Privacy Policy, as well as all other applicable terms, conditions, limitations and requirements on the www.mumsthai.com website, all of which (as changed over time) are incorporated into these Terms. If you register for membership, you accept these terms, conditions, limitations and requirements. Please read these Terms carefully. Agreement Changes: www.mumsthai.com may in its discretion change these Terms, www.mumsthai.com’s general Terms of Service and Privacy Policy, or any aspect of Steward-Ship membership, without notice to you. However, any increase in the membership fee will not apply until your membership is renewed. If you cancel your membership before the effective date of these changes, www.mumsthai.com will give you a prorated refund of your membership fee based on the number of full months remaining in your membership period. This refund option does not apply to any other changes we may make. If any change is found invalid, void, or for any reason unenforceable, that change is severable and does not affect the validity and enforceability of any remaining changes or conditions. YOUR CONTINUED MEMBERSHIP AFTER www.mumsthai.com CHANGES THESE TERMS CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES. IF YOU DO NOT AGREE TO ANY CHANGES, YOU MUST CANCEL YOUR MEMBERSHIP. Termination by www.mumsthai.com: www.mumsthai.com may terminate your membership at its discretion without notice. If we do so, we will give you a prorated refund based on the number of full months remaining in your membership. However, we will not give any refund for termination related to conduct that www.mumsthai.com determines, in its discretion, violates these Terms or any applicable law, involves fraud or misuse of this membership program, or is harmful to our interests or another user. www.mumsthai.com’s failure to insist upon or enforce your strict compliance with these Terms will not constitute a waiver of any of its rights. Program Benefits: Steward-Ship members are entitled to free standard shipping on all eligible purchases. Eligible Purchases: This program is limited to products sold by www.mumsthai.com on www.mumsthai.com that are shipped to continental United States addresses, excluding U.S. territories, possessions and protectorates. We may exclude products in our discretion. Conditions: You must have a www.mumsthai.com account to register for and use Steward-Ship. We reserve the right to accept or refuse membership in our discretion. You may not transfer or assign your membership or these benefits. Changing or combining orders, or changing your shipping address, speed, or preferences might affect Steward-Ship eligibility. Please note: we may ship the products by ground or air at our discretion (these options do not correspond to any carrier-branded shipping services); our carriers usually do not pick-up or deliver packages on weekends or holidays; Promo code is valid only on orders placed from the www.mumsthai.com account that purchased the Steward-Ship program. Code cannot be used on any other www.mumsthai.com account. In cases of extreme weather where only expedited shipping is available, you will receive a credit for the cost of standard shipping. Promo code is not valid toward shipping on Curry4you club memberships, Curry4you cellars and other select products. Steward-Ship cannot be given as a gift because it is tied to the account of the person purchasing it. Instead, we recommend a gift certificate. Evening, date-specific and by appointment shipments will receive a credit for the cost of standard shipping. Fees; Renewal: The annual membership fee for Steward-Ship is £1.00. This fee is non-refundable except as expressly set forth below. Taxes may apply on either or both of the membership fee and the reduced shipping charges for Steward-Ship. UNLESS YOU NOTIFY US BEFORE RENEWAL THAT YOU WANT TO CANCEL, YOU UNDERSTAND YOUR MEMBERSHIP WILL AUTOMATICALLY RENEW AND YOU AUTHORIZE US TO COLLECT THE THEN-APPLICABLE ANNUAL MEMBERSHIP FEE AND ANY TAXES, USING ANY PAYMENT METHOD WE HAVE ON RECORD FOR YOU. Membership Cancellation: If you cancel your membership before you have made any eligible purchases, we will refund your full membership fee. Promotional Trial Memberships: We sometimes offer certain customers various trial or other promotional memberships, which are subject to these Terms except as otherwise stated in the promotional offers. Trial memberships cannot be cancelled, but trial members can at any time choose not to upgrade to regular annual membership at the end of the trial period. [back to top]
Protection of Content Provided by www.mumsthai.com and Its Licensors All text, graphics, logos, icons, images, audio clips and software on the www.mumsthai.com Site (“Site Content”) are copyrighted materials owned by or licensed to www.mumsthai.com. The Site Content may contain trademarks, service marks and trade names which are owned by www.mumsthai.com and its affiliates, and may also contain brand and product names which are trademarks, service marks or trade names which are owned by certain third parties. Any Events described in the Site Content may be subject to other intellectual property rights, the exercise of which rights are expressly reserved by www.mumsthai.com, its affiliates, or third parties. “www.mumsthai.com” is a trademark of www.mumsthai.com. Unless authorized in writing by an officer of www.mumsthai.com, www.mumsthai.com’s trademarks may not be used in connection with any product or service that is not www.mumsthai.com’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits www.mumsthai.com. You may not sell, reproduce, distribute, copy, duplicate, resell, modify, display, publicly perform, prepare derivative works based on, frame, mirror, repost, exploit for any commercial purpose, or otherwise use any of the Site Content in any way for any public or commercial purpose without prior written consent of www.mumsthai.com or the rights holder. You may not use the Site Content on any other web site or in a networked computer environment for any purpose. If you violate any of these terms, your permission to use the Site Content will automatically terminate, you must immediately destroy any copies you have made of the Site Content, and we may end your authorization to use the www.mumsthai.com Site. Nothing contained in the www.mumsthai.com Site shall be construed as conferring any license or right under any copyright, trade secret, patent, trademark or other intellectual property rights (“IP Rights”) of www.mumsthai.com, its affiliates, or any third party, and, except as provided in these Terms of Service, the exercise of all such IP Rights in the services, products, processes or technologies described in the Site Content are expressly reserved to www.mumsthai.com, its affiliates, and/or any third party, as applicable.                                                     [back to top]
Copyrights and Designated Agent For Notification of Claims of Infringement www.mumsthai.com respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide www.mumsthai.com’s Designated Agent the following information: www.mumsthai.com’s Policy Concerning Claims of Infringement a. Written Notice of Copyright Claims. Claims of infringement should be in writing and should be directed to www.mumsthai.com’s designated agent as specified below. Please include the following information: A signature of a person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed; A description of the copyrighted work that you claim has been infringed; A description of where the material that you claim is infringing is located on the site; Your address, telephone number, and email address; A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. [back to top]
Notices www.mumsthai.com will give you any necessary notices by posting them on the www.mumsthai.com Site. You authorize www.mumsthai.com to send notices via electronic mail as well if www.mumsthai.com decides, in its sole discretion, to do so. You agree to check the www.mumsthai.com Site for notices, and that you will be considered to have received a notice when it is made available to you by posting on the www.mumsthai.com Site. [back to top]
Disclaimer of Warranties ALTHOUGH www.mumsthai.com ENDEAVORS TO PROVIDE CURRENT, ACCURATE AND RELIABLE INFORMATION ON THE www.mumsthai.com SITE, IT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE EVENTS OR THE ACCURACY, RELIABILITY OR ANY USE OF INFORMATION ON THE www.mumsthai.com SITE. www.mumsthai.com DOES NOT WARRANT THAT YOUR USE OF THE www.mumsthai.com SITE, OR THE OPERATION OR FUNCTION OF THE www.mumsthai.com SITE, ANY COMPONENT THEREOF, OR ANY PRODUCTS, SOFTWARE OR SERVICES OFFERED IN CONNECTION THEREWITH, WILL BE UNINTERRUPTED OR ERROR FREE; OR THAT DEFECTS THEREWITH WILL BE CORRECTED; OR THAT THIS SITE OR ITS SERVER IS FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. YOUR USE OF THE www.mumsthai.com SITE IS AT YOUR OWN RISK AND YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIR OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THE WEBSITE. www.mumsthai.com AND ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE www.mumsthai.com SITE. THE www.mumsthai.com SITE CONTENT PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY EXPRESS, IMPLIED OR STATUTORY WARRANTY OF ANY KIND LTDLUDING WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, OR FITNESS FOR ANY PARTICULAR PURPOSE. [back to top]
Limitation of Liability IN NO EVENT SHALL www.mumsthai.com AND/OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, LTDIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER LTDLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE www.mumsthai.com SITE, THE USE OR PERFORMANCE OF THE www.mumsthai.com SITE, THE DELAY OR INABILITY TO USE THE www.mumsthai.com SITE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY EVENTS, INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE www.mumsthai.com SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE www.mumsthai.com SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF www.mumsthai.com OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE www.mumsthai.com SITE, OR WITH ANY OF THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE www.mumsthai.com SITE. THIS SOLE AND EXCLUSIVE REMEDY IS SEPARATE AND INDEPENDENT OF ANY OTHER PROVISION THAT LIMITS www.mumsthai.com’S LIABILITY OR YOUR REMEDIES. [back to top]
Privacy Policy Your use of the www.mumsthai.com Site is governed by the www.mumsthai.com Privacy Policy. [back to top]
Termination of your www.mumsthai.com Account www.mumsthai.com may terminate your www.mumsthai.com Account with or without cause at any time effective immediately. [back to top]
Account Maintenance Fee For any account that has been inactive for twelve consecutive months, www.mumsthai.com reserves the right to assess a maintenance fee of £1.00 per month. On the eleventh month of inactivity www.mumsthai.com will notify account owners of their inactivity and the scheduled maintenance fee via email. An inactive account is any account in which the user has not logged in twelve consecutive months. [back to top]
No Responsibility to Sell Mispriced Products or Services www.mumsthai.com shall have the right to refuse or cancel any orders placed for products and/or services listed at an incorrect price, rebate or refund, or containing any other incorrect information or typographical errors. www.mumsthai.com shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, www.mumsthai.com shall immediately issue a credit to your credit card account in the amount of the charge. [back to top]
Modifications to Prices or Billing Terms www.mumsthai.com RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS PRICES AND BILLING METHODS FOR PRODUCTS OR SERVICES SOLD, EFFECTIVE IMMEDIATELY UPON POSTING ON THE SITE OR BY E-MAIL DELIVERY TO YOU. [back to top]
Force Majeure www.mumsthai.com shall be excused from performance under this Terms of Service if www.mumsthai.com is prevented, forbidden or delayed from performing, or omits to perform, any act or requirement under this Terms of Service by reason of: (a) any provision of any present or future law or regulation or order of the United States of America, or any state thereof, (b) any act or omission of a third party, or (c) any act of God, emergency condition, war, computer or telecommunications failure or other circumstance beyond the control of www.mumsthai.com.[back to top]
Survival The following provisions shall survive any termination of these Terms of Service: No Warranty from www.mumsthai.com, Limitation of Liability, Indemnity and General Provisions.[back to top]
General Provisions You agree that www.mumsthai.com and its licensors may make improvements and/or changes in the Site Content and services or events described in this Site, if any, at any time without notice and without liability to you of any kind. You are responsible for compliance with applicable local laws, keeping in mind that access to the www.mumsthai.com Site may not be legal by certain persons or in certain countries. If any provision of these Terms of Service is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect. The failure of www.mumsthai.com to enforce any right or provision in these Terms of Service shall not constitute a waiver of such right or provision unless acknowledged and agreed to by www.mumsthai.com in writing. The Terms of Service, along with the www.mumsthai.com Privacy Policy, comprises the entire agreement between you and www.mumsthai.com and supersede all prior or contemporaneous negotiations, discussions or agreements, if any, between the parties regarding the subject matter contained herein. These Terms of Service are personal to you and you may not transfer, assign, or delegate these Terms of Service to anyone without the express written permission of www.mumsthai.com. Any attempt by you to assign, transfer, or delegate these Terms of Service without the express written permission of www.mumsthai.com shall be null and void. These Terms of Service will inure to the benefit of www.mumsthai.com’s successors, assigns, and licensors. The paragraph headings in these Terms of Service, shown in boldface type, are included to help make the agreement easier to read and have no binding effect. California law and controlling U.S. federal law, without regard to the choice or conflicts of law provisions of any jurisdiction, will govern any action related to these Terms of Service. You agree to submit to the jurisdiction of the courts located in San Francisco County, in the State of California, for the resolution of all disputes arising from or related to these Terms of Service and/or your use of the Site. If you have any questions about these Terms of Service, please contact us. The Terms of Service were updated April, 2023.