This website is operated by BabyNama. Throughout the site, the terms “we”,
“us” and “our” refer to BabyNama. BabyNama offers this website, including
all information, tools and services available from this site to you, the
user, conditioned upon your acceptance of all terms, conditions, policies
and notices stated here. By visiting our site and/ or using our tools, you
engage in our “Service” and agree to be bound by the following terms and
conditions (“Terms of Service”, “Terms”), including those additional terms
and conditions and policies referenced herein and/or available by
hyperlink. These Terms of Service apply to all users of the site,
including without limitation users who are browsers, vendors, customers,
merchants, and/ or contributors of content. Please read these Terms of
Service carefully before accessing or using our website. By accessing or
using any part of the site, you agree to be bound by these Terms of
Service. If you do not agree to all the terms and conditions of this
agreement, then you may not access the website or use any services. If
these Terms of Service are considered an offer, acceptance is expressly
limited to these Terms of Service. Any new features or tools which are
added to the current store shall also be subject to the Terms of Service.
You can review the most current version of the Terms of Service at any
time on this page. We reserve the right to update, change or replace any
part of these Terms of Service by posting updates and/or changes to our
website. It is your responsibility to check this page periodically for
changes. Your continued use of or access to the website following the
posting of any changes constitutes acceptance of those changes.
- ONLINE STORE TERMS By agreeing to these Terms of Service, you represent
that you are at least the age of majority in your state or province of
residence, or that you are the age of majority in your state or province
of residence and you have given us your consent to allow any of your minor
dependents to use this site. You may not use our products for any illegal
or unauthorized purpose nor may you, in the use of the Service, violate
any laws in your jurisdiction (including but not limited to copyright
laws). You must not transmit any worms or viruses or any code of a
destructive nature. A breach or violation of any of the Terms will result
in an immediate termination of your Services.
GENERAL
CONDITIONS
We reserve the right to refuse service to anyone for any reason
at any time. You understand that your content (not including credit card
information), may be transferred unencrypted and involve (a) transmissions
over various networks; and (b) changes to conform and adapt to technical
requirements of connecting networks or devices. Credit card information is
always encrypted during transfer over networks. You agree not to
reproduce, duplicate, copy, sell, resell or exploit any portion of the
Service, use of the Service, or access to the Service or any contact on
the website through which the service is provided, without express written
permission by us. The headings used in this agreement are included for
convenience only and will not limit or otherwise affect these Terms.
ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are
not responsible if information made available on this site is not
accurate, complete or current. The material on this site is provided for
general information only and should not be relied upon or used as the sole
basis for making decisions without consulting primary, more accurate, more
complete or more timely sources of information. Any reliance on the
material on this site is at your own risk. This site may contain certain
historical information. Historical information, necessarily, is not
current and is provided for your reference only. We reserve the right to
modify the contents of this site at any time, but we have no obligation to
update any information on our site. You agree that it is your
responsibility to monitor changes to our site.
MODIFICATIONS
TO THE SERVICE AND PRICES
Prices for our products are subject to change
without notice. We reserve the right at any time to modify or discontinue
the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification,
price change, suspension or discontinuance of the Service.
PRODUCTS OR SERVICES
Certain products or services may be available
exclusively online through the website. These products or services may
have limited quantities and are subject to return or exchange only
according to our Return Policy. We have made every effort to display as
accurately as possible the colors and images of our products that appear
at the store. We cannot guarantee that your computer monitor's display of
any color will be accurate. We reserve the right, but are not obligated,
to limit the sales of our products or Services to any person, geographic
region or jurisdiction. We may exercise this right on a case-by-case
basis. We reserve the right to limit the quantities of any products or
services that we offer. All descriptions of products or product pricing
are subject to change at anytime without notice, at the sole discretion of
us. We reserve the right to discontinue any product at any time. Any offer
for any product or service made on this site is void where prohibited. We
do not warrant that the quality of any products, services, information, or
other material purchased or obtained by you will meet your expectations,
or that any errors in the Service will be corrected.
ACCURACY
OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any
order you place with us. We may, in our sole discretion, limit or cancel
quantities purchased per person, per household or per order. These
restrictions may include orders placed by or under the same customer
account, the same credit card, and/or orders that use the same billing
and/or shipping address. In the event that we make a change to or cancel
an order, we may attempt to notify you by contacting the e-mail and/or
billing address/phone number provided at the time the order was made. We
reserve the right to limit or prohibit orders that, in our sole judgment,
appear to be placed by dealers, resellers or distributors. You agree to
provide current, complete and accurate purchase and account information
for all purchases made at our store. You agree to promptly update your
account and other information, including your email address and credit
card numbers and expiration dates, so that we can complete your
transactions and contact you as needed. For more detail, please review our
Returns Policy.
OPTIONAL TOOLS
We may provide you with access
to third-party tools over which we neither monitor nor have any control
nor input. You acknowledge and agree that we provide access to such tools
”as is” and “as available” without any warranties, representations or
conditions of any kind and without any endorsement. We shall have no
liability whatsoever arising from or relating to your use of optional
third-party tools. Any use by you of optional tools offered through the
site is entirely at your own risk and discretion and you should ensure
that you are familiar with and approve of the terms on which tools are
provided by the relevant third-party provider(s). We may also, in the
future, offer new services and/or features through the website (including,
the release of new tools and resources). Such new features and/or services
shall also be subject to these Terms of Service.
THIRD-PARTY
LINKS
Certain content, products and services available via our Service may
include materials from third-parties. Third-party links on this site may
direct you to third-party websites that are not affiliated with us. We are
not responsible for examining or evaluating the content or accuracy and we
do not warrant and will not have any liability or responsibility for any
third-party materials or websites, or for any other materials, products,
or services of third-parties. We are not liable for any harm or damages
related to the purchase or use of goods, services, resources, content, or
any other transactions made in connection with any third-party websites.
Please review carefully the third-party's policies and practices and make
sure you understand them before you engage in any transaction. Complaints,
claims, concerns, or questions regarding third-party products should be
directed to the third-party.
USER COMMENTS, FEEDBACK AND OTHER
SUBMISSIONS
If, at our request, you send certain specific submissions (for
example contest entries) or without a request from us you send creative
ideas, suggestions, proposals, plans, or other materials, whether online,
by email, by postal mail, or otherwise (collectively, 'comments'), you
agree that we may, at any time, without restriction, edit, copy, publish,
distribute, translate and otherwise use in any medium any comments that
you forward to us. We are and shall be under no obligation (1) to maintain
any comments in confidence; (2) to pay compensation for any comments; or
(3) to respond to any comments. We may, but have no obligation to,
monitor, edit or remove content that we determine in our sole discretion
are unlawful, offensive, threatening, libelous, defamatory, pornographic,
obscene or otherwise objectionable or violates any party’s intellectual
property or these Terms of Service. You agree that your comments will not
violate any right of any third-party, including copyright, trademark,
privacy, personality or other personal or proprietary right. You further
agree that your comments will not contain libelous or otherwise unlawful,
abusive or obscene material, or contain any computer virus or other
malware that could in any way affect the operation of the Service or any
related website. You may not use a false e-mail address, pretend to be
someone other than yourself, or otherwise mislead us or third-parties as
to the origin of any comments. You are solely responsible for any comments
you make and their accuracy. We take no responsibility and assume no
liability for any comments posted by you or any third-party.
PERSONAL INFORMATION
Your submission of personal
information through the
store is governed by our Privacy Policy.
ERRORS, INACCURACIES
AND OMISSIONS
Occasionally there may be information on our site or in the
Service that contains typographical errors, inaccuracies or omissions that
may relate to product descriptions, pricing, promotions, offers, product
shipping charges, transit times and availability. We reserve the right to
correct any errors, inaccuracies or omissions, and to change or update
information or cancel orders if any information in the Service or on any
related website is inaccurate at any time without prior notice (including
after you have submitted your order). We undertake no obligation to
update, amend or clarify information in the Service or on any related
website, including without limitation, pricing information, except as
required by law. No specified update or refresh date applied in the
Service or on any related website, should be taken to indicate that all
information in the Service or on any related website has been modified or
updated.
PROHIBITED USES
In addition to other prohibitions as
set forth in the Terms of Service, you are prohibited from using the site
or its content: (a) for any unlawful purpose; (b) to solicit others to
perform or participate in any unlawful acts; (c) to violate any
international, federal, provincial or state regulations, rules, laws, or
local ordinances; (d) to infringe upon or violate our intellectual
property rights or the intellectual property rights of others; (e) to
harass, abuse, insult, harm, defame, slander, disparage, intimidate, or
discriminate based on gender, sexual orientation, religion, ethnicity,
race, age, national origin, or disability; (f) to submit false or
misleading information; (g) to upload or transmit viruses or any other
type of malicious code that will or may be used in any way that will
affect the functionality or operation of the Service or of any related
website, other websites, or the Internet; (h) to collect or track the
personal information of others; (i) to spam, phish, pharm, pretext,
spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k)
to interfere with or circumvent the security features of the Service or
any related website, other websites, or the Internet. We reserve the right
to terminate your use of the Service or any related website for violating
any of the prohibited uses.
DISCLAIMER OF WARRANTIES;
LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that
your use of our service will be uninterrupted, timely, secure or
error-free. We do not warrant that the results that may be obtained from
the use of the service will be accurate or reliable. You agree that from
time to time we may remove the service for indefinite periods of time or
cancel the service at any time, without notice to you. You expressly agree
that your use of, or inability to use, the service is at your sole risk.
The service and all products and services delivered to you through the
service are (except as expressly stated by us) provided 'as is' and 'as
available' for your use, without any representation, warranties or
conditions of any kind, either express or implied, including all implied
warranties or conditions of merchantability, merchantable quality, fitness
for a particular purpose, durability, title, and non-infringement. In no
case shall BabyNama, our directors, officers, employees,
affiliates, agents, contractors, interns, suppliers, service providers or
licensors be liable for any injury, loss, claim, or any direct, indirect,
incidental, punitive, special, or consequential damages of any kind,
including, without limitation lost profits, lost revenue, lost savings,
loss of data, replacement costs, or any similar damages, whether based in
contract, tort (including negligence), strict liability or otherwise,
arising from your use of any of the service or any products procured using
the service, or for any other claim related in any way to your use of the
service or any product, including, but not limited to, any errors or
omissions in any content, or any loss or damage of any kind incurred as a
result of the use of the service or any content (or product) posted,
transmitted, or otherwise made available via the service, even if advised
of their possibility. Because some states or jurisdictions do not allow
the exclusion or the limitation of liability for consequential or
incidental damages, in such states or jurisdictions, our liability shall
be limited to the maximum extent permitted by law.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless
BabyNama and our parent, subsidiaries, affiliates, partners,
officers, directors, agents, contractors, licensors, service providers,
subcontractors, suppliers, interns 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 of Service or the
documents they incorporate by reference, or your violation of any law or
the rights of a third-party.
SEVERABILITY
In the event that
any provision of these Terms of Service is determined to be unlawful, void
or unenforceable, such provision shall nonetheless be enforceable to the
fullest extent permitted by applicable law, and the unenforceable portion
shall be deemed to be severed from these Terms of Service, such
determination shall not affect the validity and enforceability of any
other remaining provisions.
TERMINATION
The obligations and
liabilities of the parties incurred prior to the termination date shall
survive the termination of this agreement for all purposes. These Terms of
Service are effective unless and until terminated by either you or us. You
may terminate these Terms of Service at any time by notifying us that you
no longer wish to use our Services, or when you cease using our site. If
in our sole judgment you fail, or we suspect that you have failed, to
comply with any term or provision of these Terms of Service, we also may
terminate this agreement at any time without notice and you will remain
liable for all amounts due up to and including the date of termination;
and/or accordingly may deny you access to our Services (or any part
thereof).
ENTIRE AGREEMENT
The failure of us to exercise or
enforce any right or provision of these Terms of Service shall not
constitute a waiver of such right or provision. These Terms of Service and
any policies or operating rules posted by us on this site or in respect to
The Service constitutes the entire agreement and understanding between you
and us and govern your use of the Service, superseding any prior or
contemporaneous agreements, communications and proposals, whether oral or
written, between you and us (including, but not limited to, any prior
versions of the Terms of Service). Any ambiguities in the interpretation
of these Terms of Service shall not be construed against the drafting
party.
GOVERNING LAW
These Terms of Service and any separate
agreements whereby we provide you Services shall be governed by and
construed in accordance with the laws of India
CHANGES TO TERMS OF SERVICE
You can review the most
current version of the Terms of Service at any time at this page. We
reserve the right, at our sole discretion, to update, change or replace
any part of these Terms of Service by posting updates and changes to our
website. It is your responsibility to check our website periodically for
changes. Your continued use of or access to our website or the Service
following the posting of any changes to these Terms of Service constitutes
acceptance of those changes. SECTION 20 - CONTACT INFORMATION Questions
about the Terms of Service should be sent to us at [email protected]. -------------------------------------