- PURCHASE TERMS
(c) You warrant to babyark that all information you provide in relation to any order is complete, true and accurate (including your name and delivery address (if applicable)).
(a) All current prices for any Products offered by us are available on our Site. The price you pay for the Products will be the price shown on our Site at the time that you make an order.
(b) Prices for the Products will be subject to alteration by us without notice from time to time. All Products are sold and provided subject to applicable taxes unless the Products are classified as exempted.
(a) We cannot guarantee that our online displays of Products will be accurate. All descriptions of our Products are subject to change at any time without notice, at our absolute discretion.
(b) Our Products are intended only for the purpose described and not for any other purpose. We make no representation as to the fitness of the Products for any other purpose. We will not be responsible in any way if the Products are modified in any manner from the condition in which it was supplied to you. We will not be responsible in any way if the Products are modified in any manner from the condition in which they were supplied to you.
(c) Any products specified as being suitable for use by children or infants requires careful and proper adult supervision, and should be carefully selected. Products must only be used by children of an appropriate age (as specified in the product guidelines).
(a) From time to time, we may offer seasonal or promotional pricing options on our Products. We reserve the right to change or cancel our promotions at any time.
(b) Unless otherwise stated, online discounts are not applicable to any other forms of ordering (including fax, mail, e-mail, phone orders or in-store) and vice versa.
((c) Unless otherwise stated, promotional codes may not be eligible for use on some Products that have already been discounted.
1.5. Payment processing.
Please be advised that we do not directly process any payments, and shall have no liability for any failure to complete any transaction for any reason, including without limitation, due to expiry of Customers' payment method, fraud etc.
(a) Delivery fees are calculated at checkout.
(b) You acknowledge that babyark is not liable for any incorrect person accepting the delivery of your order at the delivery address you provided at the time of placing the order.
(c) All delivery dates are estimates only and you acknowledge and agree that babyark will not be liable to you for any delays or failure to meet such estimated delivery dates for any reason.
(d) Risk in the ordered Products passes to you upon delivery. Title to the ordered products passes to you upon a full payment of all amounts owed with respect to the Products purchased by you.
(e) We will make reasonable efforts to avoid any delay in the dispatch of Product(s) sold through our Services, however, we will not be liable for any delays resulting from postal delays or any events outside of our reasonable control. If no one is available at your address to take delivery, the Product(s) will be returned to us or to our provider’s nearest location, in which case, you will be notified and required to contact us to rearrange delivery.
1.7. Cancellation of orders.
(a) Please confirm the details of any orders carefully (including the type of Products ordered and the quantities ordered) as we may not be able to change or cancel orders without additional charges once we have accepted your order.
(b) If you cancel any orders for the Products, you are liable for any losses incurred by us, including but not limited to any loss of profits and any delivery costs for Products that have already been dispatched.
(c) Subject to your selected method of payment, upon any cancellation of an order by you, you agree that we may charge you additional surcharges on that transaction from our third party services providers.
(d) babyark reserves the right to cancel an order at any time before delivery, for whatever reason, including where: (i) there is an event beyond our control, such as elements of nature or acts of God (including storms, fires, floods, cyclones, tidal waves, landslides or earthquakes), acts of war, terrorism, strike, lockout or other labor difficulties, embargo and failure of supply of electricity, heat or light to a premises, which results in babyark not being able to supply the products within a reasonable time to you; and (ii) babyark suppliers are unable to supply the Products that they have promised to supply. Where babyark cancels any order prior to delivery, we will notify you and refund to you the payment made for that order.
To learn more about our shipping times, pricing and options, please see our Shipping and Returns Policy.
We may offer you to pre-order Products online before they are available in Company's stock ("Pre-Order Products"). If you purchase a Pre-Order Product, you will be charged immediately. For more information, see our Shipping and Returns Policy.
- PROPRIETARY RIGHTS
2.1. “babyark” and the “babyark” Logo are protected trademarks of Company. Company’s trademarks may not be used without Company’s written permission. Other trademarks, service marks, and trade names that appear on the Services may be registered marks of their respective owners and you are not permitted to use them without the consent of such owners.
3.1. In order to use certain features of the Services (e.g., to make a purchase or use the App), you may need to register for an account (“Company Account”) and provide certain information about yourself and about your child, as prompted by the Services registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; and (b) You will maintain the accuracy of such information.
3.2. You may delete your Company Account at any time, for any reason, by following the instructions on the Services. Company may suspend or terminate Your Company Account in cases such as suspected unauthorized use of Your Company Account, or any other breach of security, Company policies, contracts, applicable laws, or if otherwise Company reasonably deems such action necessary in order to protect its interests, at Company’s sole discretion.
3.3. Company will not be liable for any loss or damage arising from such suspension or termination, or from your failure to comply with the above requirements. Furthermore, Company will not be liable for any loss or damage arising from any unauthorized access to your Company Account.
3.4. You are solely responsible for the activity that occurs in your Company Account, and you must keep your Company Account password secure. You must notify us immediately of any breach of security or unauthorized use of your Company Account.
- ACCEPTABLE USE POLICY: RESTRICTIONS ON USE
4.1 Your use of the Services is subject to the following restrictions:
4.1.1 You may not use, sell, rent, lease, copy, modify, distribute, redistribute, license, publicly perform or display, publish, edit, create derivative works from, or otherwise make unauthorized use of the Materials or any of the Company's Services without the Company’s prior explicit written consent; Likewise, You shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Services, without the Company’s prior explicit written consent;
4.1.2. Except as expressly stated herein, no part of the Services or Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, without the Company’s prior explicit written consent;
4.1.3. You shall not access or use the Services in order to build a similar or competitive service;
4.1.4. You may not use the Services or Materials in connection with material that promotes illegal activities, or the violation of any local, state, national, or international law or regulation, including, without limitation, laws governing intellectual property and other proprietary rights (including, but not limited to, patents, trademarks, trade secrets, copyrights, or any confidential, proprietary or trade secret information of any third party), information protection and privacy;
4.1.5. You shall comply with the applicable rules and laws related to the Services;
4.1.6. The Services may not be used or accessed by any automated machine, bot, spider, or such other automated feature or service;
4.1.7. You shall not impersonate any person or entity or otherwise misrepresent affiliation, connection or association with any person or entity, or use any fraudulent, misleading or inaccurate contact information;
4.1.8. You may not remove, circumvent, disable, damage or otherwise interfere with any features of the Services, or attempt to gain unauthorized access to any portion of the Services through any means, or interfere with, corrupt, or disrupt the operation or performance of the Services or the ability of any other person to use them, including, without limitation, in connection to your use of any viruses, worms, Trojan horses, or other destructive items or harmful codes, or placing excessive load on the servers, or attempting to degrade the performance of the servers in any way;
4.1.9. You may not violate other users’ or third parties’ rights to privacy, publicity and other rights, or harvest, scrape, data aggregate, data mine, screen scrape, index or collect data and information about other users or third parties without their consent, whether manually, or automatically with the use of any means, including without limitation bots, crawlers, spiders, sifters and load testers, without the express written consent of the Company, or engage in testing, pen-testing, sniffing or monitoring of the Services, or Company’s systems, software or hardware in any way;
4.2. Company reserves the right, at any time, to modify, suspend, or discontinue the Services or any part thereof with or without notice. You agree that Company will not be liable to You or to any third party for any modification, suspension, or discontinuance of the Services or any part thereof.
4.3. The Services are not intended for use by individuals below the age of majority ("Minor(s)"). Instead, they are specifically tailored for the engagement and involvement of the parents or legal guardians of such individuals. Accordingly, explicit consent from such parent or legal guardian is required in order to provide the Services. The Company retains the right to request and verify parental or legal guardian consent through reasonable means. Discovery of a user as a Minor without verified parental or legal guardian consent may result in the suspension or termination of the account, with denial of access to the Services.
5.THIRD PARTY SERVICES
5.1. The Services might contain links to third party services, websites or advertisements for third parties (collectively, “Third Party Services“). Such Third Party Services are not under the control of babyark and babyark is not responsible for any Third Party Services. babyark provides these Third Party Services only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Services. You use all Third Party Services at your own risk.
5.2. When you use a Third Party Service, the applicable third party’s terms and policies apply, including such third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third Party Services.6. PRIVACY
- APP STORES ADDITIONAL TERMS
7.2. You agree to comply with, and your license to use Company Services is conditioned upon your compliance with, all applicable terms and conditions of the Google Play Store or the Apple App Store.
7.3. Please note that the following terms apply in addition to all other provisions in this Agreement, if you downloaded Company Services to your mobile device from the Apple App Store or Google Play Store.
8.DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
8.1. THE SERVICES ARE PROVIDED ON AN AS-IS AND AS AVAILABLE BASIS. WE MAKE NO WARRANTY THAT THE SERVICES: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, COMPLETE, OR LEGAL. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
If any third party (including, but not limited to, a regulatory or governmental authority) brings any kind of demand, claim, suit, action or proceeding against Company, Company's affiliate, and/or any of our respective directors, officers, employees, or representatives (each, an “Indemnitee”), and it is based upon or arises from: your use of the Services; and/or
- CHANGES TO THE SERVICES
We reserve the right to modify, correct, amend, enhance, improve, make any other changes to, or discontinue, temporarily or permanently, in whole or in party, the Services without notice, at any time. You agree that your continued use of the Services following such modifications constitutes your acceptance of such modifications.
- GOVERNING LAW AND JURISDICTION
Force Majeure. Company shall not be responsible for any failure to perform any obligation or provide any service hereunder because of any (a) act of God, (b) war, riot or civil commotion, (c) governmental acts or directives, strikes, work stoppage, or equipment or facilities shortages, and/or (d) other similar cause beyond Company's reasonable control. For the avoidance of doubt, any problems relating to the hosting of the Services shall not be deemed within Company's reasonable control.
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