- Information that we may collect
- Personal information;
- Non-personal information
- Industry standard technologies
- Cookies and similar technologies
- Third-party applications and APIs
- Website analytics
- Use and disclosure of the collected information
- How we use this information
- Disclosure and third-party services
- California privacy rights
- Retention and storage of personal information
- Protecting yourself
- Accessing and updating your personal information
- Opting out of communications
- Cross-border data transfers
- Contacting us
- Impact of sale or merger
Information that we may collect
Our primary goal in collecting information from you is to provide you with an efficient and helpful experience while using our Properties. Providing your personal information to us is voluntary, however. If you do not provide some or all of the information we request, we may not be able to provide you with certain products, services, or information. Our Properties collect two types of information about you:
- Personal is any information that relates to an identified or identifiable individual such as: full name, username, email address, telephone number, physical or billing addresses, date of birth, credit card numbers etc..
- We may collect personal information through your use of the Website, for instance: registering for our services, subscribing to receive our communications, updating your account information, entering contests or sweepstakes, responding to surveys, rating or reviewing our products, making purchases, contacting us with questions or comments, connecting with us through social networks, submitting user generated content or participating in our online forums, promotions and social media platforms, connecting your social media account to our Website, among other similar actions.
- Non-personal Information refers to information that does not by itself identify you or any other specific individual. Examples of non-personal Information we may collect include Internet Protocol addresses, device data, application usage data, browsing and purchasing history, location, demographic or lifestyle information (age and income range, gender, education etc.) as well as other information collected through cookies and other tracking technologies..
- This kind of information is generally statistical data and does not identify you specifically. The latter is used by us to improve our Properties and to deliver better service to its users.
Industry standard technologies:
Cookies and similar technologies:
- A “Cookie” is a small text file containing a random and unique alphanumeric identifier that our Properties may transfer to your computer’s hard drive through your web browser that enables our systems to recognize your browser. We may employ technologies like Cookies, web beacons, clear GIF, pixel or Internet tag technologies to uniquely identify your account, or the IP address associated with your Internet device. We may also permit third parties to gather information on our Properties, including for advertising purposes, as described below.
- Our Properties offer a “cookie consent” tool that allows you to block Cookies. Additionally, you can set your computer or Internet device to accept or reject most Cookies, or to notify you in most situations that a Cookie is offered so that you can decide whether to accept it or not. However, if you block Cookies, certain features may not function. Additionally, even if you block or delete Cookies, not all tracking will necessarily stop.
Third-party applications and APIs:
- We may also offer and deliver services, content or interactive features through and/or using third party application programming interfaces (API), gadgets, extensions that are hosted on our Properties or through other third-party websites, or social networking platforms.as well as other information collected through cookies and other tracking technologies..
- We may work with third-party service providers who use the technologies described above to conduct website analytics in order to help us track and understand how visitors use our Properties.
- We may use and disclose this aggregate and analytics data for any purpose, except where we are required to do otherwise under applicable law. In some instances, we may combine this information with personal information. If we do, we will treat the combined information as personal information as long as it is combined.
Use and disclosure of the collected information:
How we use this information:
The information we collect is used for legitimate business interests only and with the aim to provide a variety of services and improvements for our customers, such as to:
- Complete transactions you have requested or fulfill orders you have placed;
- Respond to or follow-up on your comments, reviews, inquiries and other requests;
- Deliver targeted advertising, communications, product solutions or content, as well as services you have requested;
- Conduct research and analysis related to our business, products or Properties;
- Improve or modify our products, services or Properties and tailor them to your usage or preferences;
- Communicate with you about contests, sweepstakes, loyalty or rewards programs, coupons, rebates, promotions or other matters which you have entered or joined or for which you have requested information;
- Implement social networking features you have activated;
- Communicate with you about your account or your use of our Properties;
Additionally, we may use and disclose personal information as we believe to be necessary or appropriate: (a) under applicable law; (b) to comply with legal process; (c) to respond to requests from public and government authorities including public and government authorities; (d) to enforce our terms and conditions; (e) to protect our operations or those of any of our affiliates; (f) to protect our rights, privacy, safety or property, and/or that of our affiliates, you or others; and (g) to allow us to pursue available remedies or limit the damages that we may sustain.
Disclosure and third-party services:
- To conduct research and/or analysis regarding products, consumers and other matters;
- To allow the better understanding of your interests, activities, demographics and profile;
- To prevent such parties from sending promotional messages on our behalf to people who have asked us to not send such messages; or
- If you have opted-in to receive promotional communications from us, send a tailored promotional communication to you jointly offering a product or service.
We may rely on third party service providers to perform a variety of services on our behalf, and we may disclose your personal information to such service providers, such as fulfillment services, sweepstakes and contest administrators, loyalty and rebate program operators, technical support providers, customer service providers, delivery services, e-commerce providers, credit card processers and research and analytics providers. However, we do not authorize these third parties to use your data for purposes other than for which it has been provided, and do not authorize these third parties to disclose that information to unauthorized parties or use that information for their direct marketing purposes.
California privacy rights
If you are a California resident, you may have the right to request and receive certain information about a company’s disclosure of your personal information to third parties for their own direct marketing use, and your choices with respect to such disclosures. Because we do not share your personal information with third parties for their own direct marketing use, we are exempt from this requirement.
Retention and storage of personal information
We may retain personal information for as long as needed or permitted in light of the purpose(s) for which it was obtained. The criteria used to determine our retention periods include: (i) the length of time we have an ongoing relationship with you and provide services to you through our Properties; (ii) whether there is a legal obligation to which we are subject; or (iii) whether retention is advisable in light of our legal position (such as in regard to applicable statutes of limitations, litigation or regulatory investigations). We seek to use secure methods to destroy personal information including the use of reasonable technical and physical security measures to avoid unauthorized access to or use of the personal information after it is disposed.
To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.
If you provide us with your credit card information, the information is encrypted using secure socket layer technology (SSL) and stored with a AES-256 encryption. We follow all PCI-DSS requirements and implement additional generally accepted industry standards. In addition, Shopify reviews its business practices periodically for compliance with policies and procedures governing the security and confidentiality of our information. Nevertheless, no data transmission over the Internet is 100% secure. Accordingly, while we strive to protect your personal information and privacy, we do not warrant or guarantее the security of any information you disclose or transmit to us while using this Website, and we shall not be liable for the theft or inadvertent disclosure of your personal information. We assume no liability for any disclosure of data due to errors in transmission, unauthorized third-party access or other acts of third parties, or acts or omissions beyond our reasonable control.
You are solely responsible for safeguarding and maintaining the secrecy of your User ID, passwords and/or any account information in your possession or control. Please be careful and responsible whenever you are online.
Accessing and updating your personal information
If you have created an online account on one of our Properties and would like to update the personal information you have provided to us, you can access your account on the applicable Property to view and make changes or corrections to your personal information. You may also contact us using the methods described below under “Contacting Us” to request access or updates to your information. We will try to comply with your request as soon as reasonably practicable.
Opting out of communications
If you no longer want to receive marketing-related emails from one of our brands on a going-forward basis, you may opt-out of receiving marketing-related emails by clicking the "unsubscribe" link at the bottom of any email newsletter you receive from that brand, or, if you created an online account when you registered to receive our emails, you may log-in to your account on the applicable brand’s website and make changes to your communication preferences. If you are having difficulty unsubscribing from our marketing communications using the above methods, please contact us directly using the methods listed below under “Contacting Us.”
Our Properties are not intended for children under the age of 18 and we do not knowingly collect personal information from children under age 18. Children under the age of 18 should not use our Properties and should not provide their personal information to us.
Cross-border data transfers
Because we operate globally, your personal information may be stored and processed in any country where we have facilities or in which we engage service providers. By using our Properties, you consent to the transfer of information to countries outside the USA, which may have different data protection.
Impact of sale or merger
TERMS & CONDITIONS
- Our right to make changes
- Information submitted through the site
- Jurisdictional issues
- Acceptable use and rules of conduct
- Account and personal information
- Accuracy of billing and account information
- Errors, inaccuracies and omissions
- Profiles and forums.
- Our right to use submissions
- Monitoring the use of the site
- Your right to use the site
- Company’s proprietary rights
- Third-party materials
- Third-party links
- Disclaimer of warranties
- Limitation of liability
- Acknowledgement regarding products available on the site
- Third-party claims
- Governing law; Jurisdiction
- Information or complaints
- Copyright infringement claims
- Copyright infringement claims
- Other important terms
- Force majeure
This Agreement is between you and Ficosota Marketing New York LLC ("Company" or "we" or "us" or "our") concerning your use of the Babyology® website located at https://babyology-care.com/ (“the Site”).
“Babyology” is a trademark registered by and exclusively owned by us. Any unauthorized use or abuse of the trademark is expressly prohibited and constitutes a violation of trademark law, copyright law, other intellectual property rights or unfair competition law.
The Site contains information about products for sale on the territory of the United States. If you live outside the United States, you may see information on the Website about products that may not be available in your country.
If you are using the Site on behalf of, or for the benefit of, any organization with which you are associated, then you agree to the terms of this agreement on behalf of yourself and such organization, and you confirm that you have the legal authority to bind such organization to this agreement. References to "you" and "your" in this Agreement will refer to both you and any such organization.
Our right to make changes
To the extent permitted by applicable law, we may, at any time and without liability, modify or discontinue all or part of the Site for valid reasons (e.g., to reflect changes in the relevant laws, to protect the security of the site, or to implement reasonable technical adjustments and improvements); charge, modify, or waive any fees required to use the Site where reasonably necessary; or offer opportunities to some or all users, at our sole discretion. We will seek to notify you by reasonable means of (i) any modifications that will have a material adverse effect on the use of the Site, taken as a whole.
Information submitted through the site
The Site may not be appropriate or available for use in some jurisdictions. Any use of the Site is at your own risk, and you must comply with all applicable laws, rules, and regulations in doing so. For certain and valid reason, the availability of the Site may be limited by us in whole or in part, at any time, to a geographic area or person we deem appropriate (e.g. to adhere to an applicable legislation, to protect and increase the security of the site or to make reasonable technical adjustments).
Acceptable use and rules of conduct
You are not allowed to:
- Post, transmit or otherwise make available through or in connection with the Site any materials that are or may be: (a) threatening, harassing, degrading, hateful, intimidating, or otherwise fail to respect the rights and dignity of others; (b) defamatory, libelous or fraudulent; (c) obscene, indecent, pornographic or otherwise objectionable; or (d) protected by copyright, trademark, trade secret, right of publicity or privacy or any other proprietary right, without the express prior written consent of the applicable owner.
- Post, transmit or otherwise make available through or in connection with the Site any virus, worm, Trojan horse, time bomb, spyware or other computer code, file or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment (each, a "Virus").
- Use the Site for any type of commercial purposes that would benefit you or a third party in any way; Use the Site for any fraudulent or other unlawful actions;
- Collect information about users of the Site in any way, including through reverse engineering.
- Hinder with the operation of the Site or the servers or networks used to make the Site available, including by hacking or defacing any part of the Site, or violate any requirement or policy of such servers or networks.
- Restrict or constrain any third party from using the Site.
- Reproduce, change, adapt, translate, create derivative works of, sell, rent, lease, loan, distribute or otherwise exploit any part of (or any use of) the Site except as expressly authorized under this Agreement, without our express prior written consent.
- Reverse engineer, decompile or disassemble any portion of the Site, except where such restriction is expressly prohibited by applicable law.
- Remove any copyright, trademark or other proprietary rights notice from the Site.
- Incorporate any portion of the Site into any product or service, without our express prior written consent.
- Systematically download and store content from the Site.
- Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, "scrape," "data mine" or otherwise gather Site’s content, or reproduce or circumvent the navigational structure or presentation of the Site, without our express prior written consent. Notwithstanding the foregoing, and subject to compliance with any instructions posted in the robots.txt file located in the root directory of the Site, we grant to the operators of public search engines permission to use spiders to copy materials from the Site for the sole purpose of (and solely to the extent necessary for) creating publicly available, searchable indices of such materials, but not caches or archives of such materials. We reserve the right to revoke such permission either generally or in specific cases, at any time and without notice.
You are responsible for obtaining, maintaining and paying for all hardware, telecommunications and other services needed for you to use the Site.
Certain products may be available exclusively online through the Site. These products may have limited quantities and are subject to return or exchange only according to our Return Policy.
We reserve the right to limit the quantities of any products that we offer. All descriptions of products or product pricing and availability are subject to change at any time without notice, in our sole discretion. We reserve the right to discontinue any products at any time.
We reserve the right to refuse any order you place with us at any time and for any reason in our sole and absolute discretion. 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. The products available on the Site are for personal use only and are not for resale. Accordingly, we reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
We do not warrant that the quality of any products, purchased or obtained by you, will meet your expectations.
Account and personal information
Accuracy of billing and account information
You agree to provide current, complete and accurate purchase and account information for all purchases made through the Site. You agree to promptly update your account and other information, including, but not limited to, your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. You represent and warrant to us that you are the authorized signatory of the credit or charge card or account provided to us to pay for products purchased from the Site.
All prices displayed on the Site are quoted in U.S. Dollars. If you order any products through the Site, you are agreeing to pay the amounts confirmed in your order and that we may charge you for such amounts. You can make payment by credit card or other methods offered by the Site.
For more details, please visit our Return Policy
Errors, inaccuracies and omissions
Occasionally there may be information on the Site or in the Site 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 Site or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We do not take responsibility for these errors.
In the event a product listed on the Site is labeled with an incorrect price due to some typographical, informational, technical or other error, we shall in our sole discretion have the right to refuse and/or cancel any order for said product and immediately amend, correct and/or remove the inaccurate information. Please pay particular note that while we have tried to accurately display the colors of products, the actual colors you see will depend on your monitor and may not be accurate.
We undertake no obligation to update, amend or clarify information on the Site or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Site or on any related website, should be taken to indicate that all information on the Site or on any related website has been modified or updated.
Errors, inaccuracies and omissions
You may be permitted to make available certain information or materials (each, a "Submission") in connection with the creation of your profile on the Site or in connection with using our contact form. We do not control and are not liable for any use or misuse by any third party of Submissions or for your interactions with other users. Users are ultimately responsible for their own actions. Any information, including personal that you choose to make publicly available through the Site, is at your own risk. If you choose to make your personal or other information publicly available through the Site, you do so at your own risk.
Our right to use submissions
You are the owner of your Submissions. For each Submission you make, you grant to us a global, royalty-free, fully paid-up, non-exclusive, infinite, irreversible, assignable and fully sublicensable (through multiple tiers) license, without additional consideration to you or any third party, to copy, disseminate, perform and present (publicly or otherwise), create derivative works of, conform, adjust, store and otherwise use, analyze and exploit such Submission and to contact you about such Submission, including your name and location, in any format or media now known or hereafter developed, and for any purpose (including promotional purposes, such as testimonials, and advertising in connection with pictures/videos).
In addition, any ideas, proposals or suggestions that you provide to us ("Feedback"), shall be deemed as a Submission. You agree that Feedback is not confidential and that you provide it gratuitously, unsolicited and without restriction and does not place us under any obligation in respect of such Feedback.
You confirm that (a) you have all rights necessary to grant the licenses in this section, (b) your Submissions are complete and correct, and (c) your Submissions and your provision of them to us are not fraudulent or breach any applicable legislation or any third party’s rights. You completely and irreversibly abandon (and agree that we can perform any acts or omissions in relation to your Submissions and related materials) any "moral rights" or other rights with respect to acknowledgment of authorship or integrity of materials regarding your Submission that you may have under any applicable legislation.
Monitoring the use of the site
Your right to use the site
For the duration of the present Agreement and only in case you comply with its terms and conditions: (a) you may use the Site only for your personal, non-commercial use; (b) we grant you a limited, non-exclusive, revocable, non-transferable, non-sublicensable right to use the Site on a device that you own or control, only for your personal, non-commercial use. The responsibility for keeping the respective device secure and appropriately protected is solely yours.
Except as specifically authorized in this Agreement or elsewhere on the Site, you are not permitted to copy, reproduce, modify, republish, upload, download, post, sell, lease, license, rent, transfer or in any manner distribute or otherwise use or permit others to use any Site’s Content or any copies thereof. The license to use Site’s Content as described in the previous paragraph will automatically terminate if you fail to comply with any of the terms and conditions set in this Agreement.
We reserve the right in our sole and absolute discretion to refuse access to the Site, or any areas on the Site, or to provide any product to any person or entity for any reason or for no reason whatsoever, at any time.
Company's proprietary rights
We own the Site, which is protected by the relevant and applicable proprietary rights and laws, including all of our brand names, trademarks and any associated logos. All trade names, trademarks and logos (collectively, "Marks") on the Site which are not our exclusive property, are property of their respective owners. You are not allowed to use our Marks in connection with any product that is not ours or in any way that might or is likely to cause confusion. Nothing contained in the Site should be construed or interpreted as authorizing you or any third party to use any Marks without the express prior written consent of the owner.
- All content included on the Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is either Copyright © to Ficosota Marketing New York LLC, ALL RIGHTS RESERVED or Ficosota Marketing New York LLC has duly obtained the right to use the said content. The compilation of all content on the Site is the exclusive property of Ficosota Marketing New York LLC and protected by U.S. and international copyright laws. Copying or storing of any content for other than personal, non-commercial use is expressly prohibited without the prior written permission from us or the copyright holder identified in the individual content's copyright notice.
- Third-party information, products, services, tools and other materials may (hereinafter referred to as “Third Party Materials”) may be accessible through the Site, including via links. You acknowledge and agree that we provide access to such information, products, services, tools and other materials ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We are not responsible for any Third-Party Materials as they are not endorsed by us or in under our control, and we have no control or input in them. We are under no obligation to monitor any Third Party Materials, and we may block or disable access to any Third Party Materials at any time. 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. Any or access or use of Third-Party Materials by you is at your own risk and is subject to any additional terms, conditions and policies applicable to such materials. Any use by you of Third-party information, products, services, tools and other materials 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 Third-party information, products, services, tools and other materials are provided by the relevant third-party provider(s). We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, tools 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.
- Certain content, products and services available via the Site may include materials from third-parties. Third-party links on the 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.
Disclaimer of warranties
THE CONTENT AND THE PRODUCTS ON OR ACCESSED FROM THE SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES TO THE MAXIMUM EXTENT OF THE LAW, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.
WE DISCLAIM ALL WARRANTIES WITH RESPECT TO THE SITE TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, AND SUBJECT TO ANY APPLICABLE TERMS AND CONDITIONS OR POLICIES APPLICABLE TO THE USE OF THIRD PARTY MATERIALS AS SET OUT IN SECTION 17, THIRD PARTY MATERIALS ARE MADE AVAILABLE TO YOU ON AN "AS IS," "WHERE IS" AND "WHERE AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES WITH RESPECT TO THIRD PARTY MATERIALS.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE MAKE NO REPRESENTATION OR WARRANTY THAT THE SITE WILL BE SECURE, THAT ANY USER NAME, PASSWORD OR OTHER SECURITY MEASURE THAT YOU MAY USE OR ALLOW OTHERS TO USE IN CONNECTION WITH THE SITE WILL PREVENT UNAUTHORIZED ACCESS TO YOUR ACCOUNT OR RELATED INFORMATION, OR THAT YOUR SITE’S ACCOUNT OR RELATED INFORMATION WILL NOT BE ACCESSED OR MISUSED BY ANY THIRD PARTY.
NEITHER WE NOR ANY BABYOLOGY PARTY WARRANT THAT ANY FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
NEITHER WE NOR ANY BABYOLOGY PARTY WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PRODUCTS OR CONTENT OFFERED OR ACCESSED ON THE SITE IN TERMS OF THEIR CORRECTNESS, QUALITY, ACCURACY, RELIABILITY, OR OTHERWISE.
ALL DISCLAIMERS OF ANY KIND IN THIS AGREEMENT (INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT) ARE MADE FOR THE BENEFIT OF BOTH COMPANY AND ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, STOCKHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, LICENSORS, SUPPLIERS AND SERVICE PROVIDERS, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS (COLLECTIVELY, THE "COMPANY PARTIES").
We are taking all reasonable measures to try to manage the timeliness, integrity and security of the Site, however we cannot ensure that it is or will remain updated, complete, correct or secure, or that access to it will be uninterrupted. The Site may include inaccuracies, errors and materials that conflict with this Agreement. In addition, it is possible that third parties may make unauthorized changes to the Site. If you become aware of any such changes, please contact us with a brief description of the said change and its location on the Site.
Limitation of liability
NOTHING IN THIS AGREEMENT RESTRICTS, EXCLUDES OR MODIFIES OR PURPORTS TO RESTRICT, EXCLUDE OR MODIFY ANY MANDATORY STATUTORY CONSUMER RIGHTS UNDER APPLICABLE LAW.
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW: (A) WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, OR LOSSES THAT WERE NOT REASONABLY FORESEEABLE TO YOU OR US AT THE TIME YOU AGREED TO THIS AGREEMENT, IN EACH CASE ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE OR THIS AGREEMENT, AND UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER THEORY (COLLECTIVELY, "INDIRECT LOSSES"). LOSS OR DAMAGE IS FORESEEABLE IF EITHER IT IS OBVIOUS THAT IT WILL HAPPEN OR IF, AT THE TIME THE CONTRACT WAS MADE, BOTH YOU AND WE KNEW IT MIGHT HAPPEN.
WITHOUT LIMITING THE FOREGOING, WE WILL NOT BE LIABLE FOR INDIRECT LOSSES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SITE OR FROM ANY PRODUCTS OR THIRD PARTY MATERIALS, INCLUDING FROM ANY VIRUS THAT MAY BE TRANSMITTED IN CONNECTION THEREWITH.
THE COMPANY PARTIES DO NOT EXCLUDE OR LIMIT IN ANY WAY OUR LIABILITY TO YOU WHERE IT WOULD BE UNLAWFUL TO DO SO. THIS INCLUDES LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR THE NEGLIGENCE OF OUR EMPLOYEES, AGENTS OR SUBCONTRACTORS, FOR GROSS NEGLIGENCE OR WILLFUL BEHAVIOR, OR FOR FRAUD OR FRAUDULENT MISREPRESENTATION.
OUR MAXIMUM AGGREGATE LIABILITY FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION ARISING OUT OF OR IN CONNECTION WITH THE SITE OR THIS AGREEMENT, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WILL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO US TO USE THE SITE; AND (B) FIFTEEN UNITED STATES DOLLARS ($15).
ALL LIMITATIONS OF LIABILITY OF ANY KIND IN THIS AGREEMENT (INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT) ARE MADE FOR THE BENEFIT OF BOTH COMPANY AND THE COMPANY PARTIES.
WITH RESPECT TO ANY CONDITIONS, WARRANTIES OR GUARANTEES THAT CANNOT BE EXCLUDED UNDER STATUTE, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, OUR LIABILITY IS LIMITED (AT OUR OPTION) TO THE RESUPPLY OR REFUND OF THE COST OF RELEVANT PRODUCTS.
Acknowledgement regarding products available on the site
All of the products purchased from the Site should only be used in accordance with the manufacturer's instructions, precautions and guidelines. You agree that you are using the Site and the products offered by the Site at your own risk. You are responsible for using any items purchased responsibly and in accordance with applicable directions for use. It is your responsibility to review the ingredients of all items and understand your tolerances to ensure that the use of these products will not cause allergic reactions or other adverse side effects.
Any gift with purchase (GWP) is available for a limited-time and while supplies last. Details of GWP, including but not limited to color, size, quantity are selected by Babyology. Offer is subject to change at any time without notice. If you need to return an item and you received a GWP, then both the item and GWP must be returned to Babyology.
In case you breach this Agreement or you infringe any third-party’s rights and as a result of that breach and/or infringement, we we are sued by a third party right, then, to the fullest extent permitted by applicable law, you will be responsible for all liabilities, damages, judgments, awards, losses, costs, expenses and fees (including attorneys’ fees) incurred by the Company Parties.
You may stop using the Site, and thereby terminate this Agreement, at any time. In case you do not comply with the terms and conditions of this Agreement, or in case you engage in fraud or abuse, we may terminate or suspend your use of Site. In case we need to suspend or terminate your access to the Site, we will provide you with at least 24 hours’ (twenty four) notice, if it is reasonable and taking into account the circumstances. In case we have reasonable belief that you have materially breached this Agreement, we may immediately terminate or suspend your access to the Site. In case of suspension or termination of your access to the Site, your right to use it will immediately cease, and we may, without being liable to you or any third party, immediately deactivate or delete your user name, password and account, and all associated materials, and we will be under no obligation to provide further access to such materials. The Preamble and Sections 2- shall survive any expiration or termination of this Agreement.
Governing law; Jurisdiction
This Agreement is construed in accordance with and is governed by the laws of USA, unless otherwise prescribed by local law, without regard to its principles of conflicts of law, and regardless of your location. In case of disputes between you and us arising out of or related to the Site or this Agreement, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory and including non-contractual disputes or claims, such shall be subject to the exclusive jurisdiction of the state courts located in Delaware and you waive any jurisdictional, venue or inconvenient forum objections to such courts.
Information or complaints
If you have a question or complaint regarding the Site, please Contact us You may also contact us by using the "Contact Me" link provided on the site.
Copyright infringement claims
If you believe in good faith that materials available on Site infringe your copyright, you may contact us by mail or e-mail. Please be exact about the identity and location of the allegedly infringing materials. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, you may send us a written counter-notice. Notices and counter-notices must be sent through Site’s Contact form.
Other important terms