Terms And Conditions
1. SUBMISSION OF CONTENT AND USE OF THE SITE
1. You agree to use the Site for lawful purposes only. Without derogating from the generality of the aforegoing, if you should choose to access or use this Site from locations other than the Republic of South Africa, you do so at your own initiative and you are responsible for compliance with applicable local laws.
2. You are prohibited from posting or transmitting, by means of listings, reviews, comments, suggestions, ideas, questions or other information through the Site, any content which is, unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically or otherwise objectionable content of any kind, including but not limited to:
1. any content that encourages conduct that would constitute a criminal offence or give rise to civil liability, or otherwise violate any applicable local, provincial, national, or international law; or
2. any content that constitutes an invasion of privacy; or
3. any content that is an infringement of any intellectual property right; or
4. any content that contains software viruses; or
5. any content that constitutes a political statement, commercial solicitation, or "Spam"
3. Although Babies Online does not purport to review (nor is it under any obligation to do so) any submitted content, it reserves the right to remove any content from the Site that it deems, in its sole discretion, to be an infringement of Clause 1 or harmful in anyway whatsoever. Should you breach this clause or any other clause in these Terms and Conditions, Babies Online may immediately terminate and/or suspend your access to all or parts of the Site, without any further notice to you.
4. You warrant that:
1. you own or otherwise control all rights to the content that you may submit to the Site;
2. that any use of such content will not cause injury or harm to any person or entity; and
3. you will indemnify Babies Online or its affiliates, directors, officers and employees, for all claims resulting from the submitted content.
5. By submitting listings, reviews, comments and/or any other content (other than your personal details) to Babies Online for posting on the Site, you automatically grant Babies Online and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable right and license to use, reproduce, publish, translate, sublicense, copy and distribute such content in whole or in part worldwide, and to incorporate it in other works in any form, media, or technology now known or hereinafter developed for the full term of any copyright that may exist in such content. Subject to this license being granted, you retain any and all rights that may exist in such content.
6. The following activity on or through the Site is expressly prohibited:
1. any non-personal or commercial use of any robot, spider, other automatic device or technology, or manual process to monitor or copy portions of the Site, or the content contained therein, without the prior written authority of Babies Online; and
2. the collection or use of any listings, descriptions, or price lists from the Site, for the benefit of a competing merchant that supplies products comparable to those offered on the Site; and
3. any use or action that imposes an unreasonable or disproportionately large load of traffic on the Site, or otherwise interferes with its proper and timely functioning; and
4. incorporating any e-mail addresses, names, telephone numbers, and fax numbers published on the Site in any database used for electronic marketing or similar purposes. No permission is given or should be implied that information on the Site may be used to communicate unsolicited communications to Babies Online and all rights detailed in Section 45 of the ECT Act are reserved.
7. You are responsible for maintaining the confidentiality and security of your User Name and Password for access to the Site, and you accept full liability for all activities that occur under your User Name.
8. Some of the services offered on the Site, specifically those relating to subscribing to any of Babies Online’s services, are only available persons 18 years or older. By registering with us, you warrant that you are 18 years or older.
9. From time to time Babies Online will run competitions, free prize draws, and promotions on the Site. These competitions, free prize draws, and promotions are subject to additional terms that will be made available at the time.
10. Your use of the Site requires Internet access and certain software and may require obtaining updates or upgrades from time to time. Because use of the Site involves hardware, software, and Internet access, your ability to use the Site may be affected by the performance of these factors. Accordingly, use of a high speed Internet connection is strongly recommended. You acknowledge and agree that such system requirements, which may be changed from time to time, are your responsibility. The Site is not part of any other music or offering, and no purchase or obtaining of any other music shall be construed to represent or guarantee you access to the Site.
11. You acknowledge that use of the Site may require the use of other hardware and software products (e.g., the ability to make copies of the music available on this Site on physical media and render performance of the music on authorized digital player devices), and that such hardware and software is your responsibility. Once music is purchased and you receive the music, it is your responsibility not to lose, destroy, or damage the music, and Babies Online shall be without liability to you in the event of any loss, destruction, or damage.
2. THE USE OF THIRD PARTY CONTENT
1. Babies Online hosts information on Parenting Advice and Products as well as a Medicine Search
2. It is your responsibility to evaluate Third Party Content available on and through the Site. Babies Online and its affiliates, and their directors, officers and employees are not liable for any loss, damage or harm caused by your reliance on Third Party Content obtained on or through the Site. Before making any decision or placing any reliance on Third Party Content provided on or through the Site, you should take all further reasonable steps to ensure and verify the accuracy of such content. This notice must be displayed in its entirety should you wish to publish any Third Party Content obtained from the Site
3. Babies Online does not review (nor is it under any obligation to do so) or control any third-party web site that link to or from the Site. Babies Online is not responsible for the content of any Third Party site linked to or from the Site.
4. If you believe that your work has been copied and is accessible on any Site in a way that constitutes copyright infringement, or that the Site contain links or other references to another online location that contains material or activity that infringes your copyright, please contact Babies Online.
3. PURCHASES MADE BY MEANS OF THE SITE
1. We currently sell products by means of electronic transfers. No Credit Card facilities available
4. INTELLECTUAL PROPERTY RIGHTS
1. All content included on this web site, such as text, graphics, logos, buttons, icons, images, photographs, audio clips, databases and software (“the Content”), is the property of Babies Online or its content suppliers and protected by South African and international copyright laws. Furthermore, the compilation (meaning the collection, arrangement, and assembly) of all content on this Site is the exclusive property of Babies Online and is protected by South African and international copyright laws.
2. Except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, except as permitted by the fair use privilege under the South African copyright laws or without the prior written permission of Babies Online or the copyright owner.
3. You are expressly prohibited to “mirror” any content, contained on the Site, on any other server unless with the prior written permission of Babies Online.
4. You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the home page of the Site so long as the link does not portray Babies Online, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any Babies Online logo or other proprietary graphic or trademark as part of the link without the express permission of Babies Online, its affiliates or content suppliers.
5. All trademarks are the exclusive property of Babies Online.
6. The unauthorised submission, removal, modification or distribution of copyrighted or other proprietary Content is illegal and could subject you to criminal prosecution as well as personal liability for damages.
5. LIMITED LIABILITY
1. The information, content, services, products and materials published on the Site, including without limitation, text, graphics and links are provided on an "as is" basis. Babies Online makes no representations or warranties of any kind, express or implied, as to the operation of the Site or the accuracy, correctness or completeness of the information, contents, materials, or products included on the Site. Without limiting the generality of the aforegoing:
1. Babies Online does not warrant that the site, will be error free, or will meet any particular criteria of accuracy, completeness or reliability of information, performance or quality; and
2. Whilst Babies Online has taken reasonable measures to ensure the integrity of the Site and its contents, no warranty, whether express or implied, is given that any files, downloads or applications available via the Site are free of viruses, Trojans, bombs, time-locks or any other date or code which has the ability to corrupt or affect the operation of your system.
3. To the full extent permissible by applicable law, Babies Online disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Babies Online will not be liable for any damages of any kind arising from the use of Babies Online’ site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
6. PRIVACY
1. Babies Online respects privacy of its Users. Babies Online will take all reasonable steps to protect the personal information of Users and for the purpose of this clause, "personal information" shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). Without limiting the aforegoing:
1. Babies Online is dedicated to maintain the privacy of its online visitors and users. On this site, Babies Online does not collect personally identifiable information from individuals unless they provide it to us voluntarily and knowingly.
2. Any information collected is used solely by Babies Online and its business partners who are involved in the operation of this site for internal purposes or are required to process personal data in the provision of services to Babies Online. Babies Online’s client lists are never sold to third parties, and we will not share personally identifiable information with third parties unless the person who has submitted the information has authorized us to do so, or if we are required to by law.
3. Under certain circumstances the force of law may require the provision of information to legal authorities. In order to maintain the integrity of its website and safeguard the interests of its subscribers Babies Online will comply with any such legally binding request.
2. Babies Online processes personal information for the purpose of providing a personalised service, conducting market research surveys, running competitions and providing you with information about products and services on offer. Babies Online may from time to time use your contact information to tell you about news or events provided by Babies Online or one of its strategic partners. You may opt-out of receiving such mailings, either when you register with Babies Online or at any time afterwards. Babies Online may also contact you with important information about your registration details even if you have opted-out of receiving promotional emails.
3. Babies Online may electronically collect, store and use the following personal information of Users:
1. title, name and surname;
2. street address;
3. postal address;
4. contact numbers;
5. non-personal browsing habits and click patterns;
6. e-mail address; and / or IP addresses.
4. Babies Online collects, stores and uses the abovementioned information for the following purposes:
1. to communicate requested information to Users;
2. to provide services to Users as requested by Users;
3. to authenticate Users;
4. to provide the User with access to restricted pages on this website; and/or
5. to compile non-personal statistical information about browsing habits, click-patterns, and access to the Website.
5. Information detailed above is collected either electronically by using cookies or is provided voluntarily by Users. Users may determine cookie use independently through their browser settings.
7. DOMICILIUM
Babies Online chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature, Postnet Suite 128; Private Bag X01; Brandhof; 9324
8. JURISDICTION
These terms and conditions shall be governed by and construed in accordance with the laws of the Republic of South Africa without giving effect to the principles of conflicts of laws. You hereby consent to the exclusive jurisdiction of the High Court of the Republic of South Africa (Bloemfontein) in respect of any disputes arising in connection with this Site.
9. OTHER PROVISIONS
1. In the event that any of the terms of this Agreement are found to be invalid, unlawful or unenforceable, such terms will be severable from the remaining terms, which will continue to be valid and enforceable.
2. These Terms and Conditions, including any documents referenced herein, represent the entire agreement between you and Babies Online regarding your relationship with Babies Online and use of the Site and supersede any prior statements or representations.
3. Babies Online may at any time modify these Terms and Conditions and your continued use of this Site will be conditioned upon the Terms and Conditions in force at the time of your use.
