Terms and Conditions of Use
I. AGREEMENT TO TERMS AND CONDITIONS OF USE
The following Terms and Conditions of Use govern the use and access of the BABYMAMA Website and the use of the Services. Accessing the BABYMAMA Website and/or using the Services, either as a guest or a registered user is a categorical agreement to be bound by these Terms and Conditions of Use.
Users who are below eighteen (18) years must obtain the consent of their parent/s or legal guardian/s to be bound by the provisions of these terms and conditions.
II. INTELLECTUAL PROPERTY
The BABYMAMA Website is owned and operated by BABYMAMA INC. (“BABYMAMA”), a corporation duly organized and existing in accordance with Philippine laws, with store address at Unit 1702-A West Tower, Phil Stock Exchange Center Exchange Road, Ortigas Center, Pasig City, Philippines, and with office address at 91 Quezon Avenue, Angono, Rizal, Philippines.
A guest or registered user may not copy, reproduce, distribute, display, perform, publish, upload, reverse engineer, alter, decompile, license, create derivative works from, transmit or transfer, hyperlink, or sell any information or material obtained from this BABYMAMA Website.
BABYMAMA and the other BABYMAMA trademarks, trade names, service marks and logos appearing on this BABYMAMA Website are proprietary trademarks of BABYMAMA. The use or copying of any of our trademarks or any other content made available through this BABYMAMA Website, except as expressly provided in this Agreement, is strictly prohibited.
BABYMAMA reserves its right to enforce our Intellectual Property rights to the fullest extent of the law.
III. EXCLUSIVE DISTRIBUTORSHIP
BABYMAMA is the exclusive distributor of SPECTRA breast pump products and accessories in the Philippines. Only those products purchased thru Baby Mama shall have warranties.
IV. ACCESS TO AND GENERAL USE OF THE WEBSITE AND THE SERVICES
Registration with BABYMAMA is necessary to access certain areas of the BABYMAMA Website. BABYMAMA has the right to grant or deny the usage of a User Name or E-mail Address in accordance with its policies, such as:
- (i) That these belong to or are already being used by another person;
- (ii) That may be construed as impersonating another person;
- (iii) That violates the intellectual property or other rights of any person;
- (iv) That is offensive; or
- (v) For any other reason in its sole discretion.
Registered Users are solely responsible for its access to the BABYMAMA Website which releases BABYMAMA from any liability in case of any damage that may result to user for any unauthorized access. Registered users are likewise responsible for all transactions conducted including any information transmitted in connection with any transactions and other interactions with this BABYMAMA Website that occur in connection with the registered user name.
If a Registered user becomes aware of any unauthorized use of his User Name and Password, he must notify BABYMAMA immediately. BABYMAMA will not liable for any loss or damage arising from his failure to comply with any of the foregoing obligations.
B. RESTRICTED ACTIVITIES
A guest or registered user shall not in any way, directly or indirectly, use the BABYMAMA Website or submit to BABYMAMA or to the BABYMAMA Website any act or thing which in any respect is:
- (i) In breach of any law, statute or regulation of the Philippines;
- (ii) Obscene, indecent, pornographic, profane, or in any way vulgar;
- (iii) Racist, sexist, or in any way discriminatory;
- (iv) Offensive, derogatory, harmful, harassing, threatening, embarrassing, malicious, defamatory or in any way abusive;
- (v) Deceptive, false, fraudulent, misleading or unlawful;
- (vi) Injurious or damaging to the goodwill of BABYMAMA and its goods and services;
- (vii) Advertising or offering to sell products and services without BABYMAMA’s permission; and
- (viii) Interfering with or restricting the operation of the BABYMAMA Website.
C. LIMITED LIABILITY
A guest or registered user agrees to comply at all times with any instructions for use of the BABYMAMA Website which BABYMAMA may implement from time to time. A guest or registered user shall render BABYMAMA free and harmless from any liability or responsibility in relation to his inability to use or delay in use of the BABYMAMA Website or any material in it.
The Registered User/s agree that any total liability of BABYMAMA and its suppliers and distributors for any claim under these Terms and Conditions of Use, including any implied warranties, is limited to the amount Registered User has paid to purchase the item for sale in the Website.
In all cases, BABYMAMA and its suppliers and distributors will not be liable for any loss or damage sustained by the user, whether as guest or Registered User that is not foreseeable.
BABYMAMA and its officers, employees, agents, partners, and licensors expressly disclaim all product warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose from unauthorized and illegal importers, sellers and distributors of goods which are not purchased from BABYMAMA.
E. GOVERNING LAWS
Any claim, dispute, legal action or proceeding arising out of or connected with the use of the Website and online sale transaction shall be brought in the proper courts of Pasig City only to the exclusion of all other venues.
The Terms and Conditions of Use, Online Selling Policy and all transactions in the BABYMAMA Website shall be governed by the laws of the Republic of the Philippines.