BABY PROOF USE OF WEBSITE – TERMS AND CONDITIONS
Current as at November 2018
Welcome to our BABY PROOF website. This document contains the Terms and Conditions that govern your use of the Web Site. These Terms and Conditions describe your rights and responsibilities and what you can expect from BABY PROOF. Please take a few minutes to review these Terms and Conditions. Your use of the Web Site constitutes your agreement to abide and be bound by these Terms and Conditions. If you do not agree with any of these Terms and Conditions, please do not use the Web Site.
BABY PROOF reserves the right to add to, delete or change these Terms and Conditions from time to time and without notice. By continuing to use the Web Site, you agree to be bound by the changes. We are not obliged to notify you of any changes but we will endeavour to alert you to any significant changes. Nevertheless, you should check our published agreement and policies from time to time to acquaint yourself with the current version.
PLACING ORDERS THROUGH THE WEB SITE
You must be at least 18 years old to place any orders with BABY PROOF. By using the Web Site you acknowledge that you are at least 18 years old.
By purchasing any BABY PROOF items through the Web Site, you make an offer to us to purchase the BABY PROOF items you have selected based on these Terms and Conditions. Information contained on the Web Site constitutes an invitation to treat. No information on the Web Site constitutes an offer by us to sell any BABY PROOF products. BABY PROOF reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion. We will confirm acceptance of your order when we send you an email confirming shipment of the BABY PROOF you have ordered. If we are unable to process or accept your order after payment is received we will contact you by email or telephone.
Payment for online purchases are by the following methods:
- Payment by EFT. Goods will only be dispatched once payment reflects and is cleared on the bank account.
- Payment by credit card facilitated by SNAPSCAN or PAYFAST. Secure payment by credit card – Visa and Mastercard only through SNAPSCAN or PAYFAST who act as a gateway for the bank. All details given for the credit card transaction is strictly confidential and only submitted to the bank. 4aKid does not have access to these details.
This entire Web Site, copy, images, logos, indicia, text, content, and unique method of showcasing products is copyright 2018 BABY PROOF. The BABY PROOF® trade mark and logo are trademarks of BABY PROOF. All other trademarks are the property of their respective owners, who are not associated with BABY PROOF. Permission to use documents delivered from the Web Site and/or server and related graphics is restricted. The name of BABY PROOF or any of the above trademarks or logos may not be used without BABY PROOF’s specific, written prior permission. The information contained on the Web Site is subject to change without notice. We are not responsible for typographical, technical, or descriptive errors.
We welcome your comments regarding the Web Site. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, “Comments”) sent to BABY PROOF shall be and remain the exclusive property of BABY PROOF. Your submission of any such Comments shall constitute an assignment to BABY PROOF of all rights, titles and interests in all copyrights and other intellectual property rights in the Comments. BABY PROOF will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.
COMMUNICATION FROM BABY PROOF
We reserve the right to email you product alerts and special offers that we believe may be of interest to you. We respect your right not to receive these communications and if you advise us at the time of placing your order that you do not wish to receive these special offer and alert emails we will disable that functionality for your account. Our communications will contain a clear link to Unsubscribe. Once you have unsubscribed we will remove your name from the communication list and will no longer send you these special offers and alerts, unless you choose to re-subscribe at a later date.
We have done our best to display as accurately as possible the colours of the products shown on the Web Site. However, because the colours you see will depend on your monitor, we cannot guarantee that your monitor’s display of any colour will be accurate.
CORRECTION OF ERRORS AND INACCURACIES; LIMITATIONS ON QUANTITY
Whilst BABY PROOF makes every reasonable effort to present accurate information on the Web Site, the information may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order and/or made payment). Such errors, inaccuracies or omissions may relate to product description, pricing and availability. If, for example, the price or description of a product offered for sale on the Web Site is incorrect due to a technical or administrative error, any agreement arising from any acceptance of such offer will, in BABY PROOF’s discretion, be void. We also reserve the right to limit quantities (including after you have submitted your order and/or made payment). We apologise for any inconvenience this may cause you. If you are not fully satisfied with your purchase please see our returns policy for details on how to obtain a refund.
SALE OF GOODS AND DELIVERY
On your request, we will organise for the delivery of your order to your designated delivery address.
Unfortunately, due to our contracts with the delivery companies, there are a small proportion of our products that we are unable to deliver to more remote destinations for the displayed delivery charges. In these instances, once you have entered your address in the checkout process, we will let you know which products can’t be delivered to your address and we won’t proceed with processing of your order of that item. We will however arrange to give you a call if you request it and will offer to arrange a bespoke delivery to your address.
You agree to indemnify and hold BABY PROOF and its employees, representatives, agents, affiliates, directors, officers, managers and shareholders (the “Parties”) harmless from any damage, loss, or expense (including without limitation, reasonable legal costs and expenses on a full indemnity basis) incurred by you or by the Parties arising from any claim, demand, suit, action or proceeding by any person against you or the Parties where such loss or liability arises out of, in connection with or in respect of your use of the Web Site, any breach by you of these Terms and Conditions and/or any goods purchased by you from BABY PROOF.
LIMITATION OF LIABILITY
In no event shall BABY PROOF or any of its subsidiaries or affiliates be liable for any indirect, special, incidental or consequential damages including but not limited to loss of use, loss of data, loss of business or profits. To the maximum extent permitted by applicable laws, BABY PROOF’s liability is limited to an amount equal to the purchase price of the relevant good(s).
To the extent permitted by applicable laws, BABY PROOF does not accept any liability for:
- any damage or injury of any nature caused by the use or misuse of products purchased from BABY PROOF;
- errors, mistakes or inaccuracies on the Web Site;
- you acting, or failing to act, on any information contained on or referred to on the Web Site and/or any linked website;
- any unauthorised access to or use of our secure servers and/or personal information and/or financial information stored on those servers;
- any interruption or cessation of transmission to or from the Web Site; and/or
- any bugs, viruses, trojan horses or other harmful code or communications which may be transmitted to or through the Web Site by any third party.
These Terms and Conditions are legally binding upon each party hereto and its successors and permitted assigns, and governed by and construed in accordance with the laws of the country in which BABY PROOF operate. Each party submits to the exclusive jurisdiction of the Courts pertaining to the local country in which BABY PROOF operate. These Terms and Conditions will not be assignable or transferable by you without the prior written consent of BABY PROOF. These Terms and Conditions (including all of the policies and other agreements described in these Terms and Conditions, which are hereby incorporated herein by this reference) contain the entire understanding of the parties regarding their subject matter, and supersede all prior and contemporaneous agreements and understandings between the parties regarding their subject matter. No failure or delay by BABY PROOF in exercising any right, power or privilege under these Terms and Conditions will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege. If any part of these Terms and Conditions is found to be void, unlawful or unenforceable then that part will be deemed to be severed from the balance of these Terms and Conditions and the severed part will not affect the validity and enforceability of any remaining provisions.
Unless otherwise specified, all prices quoted and sales transactions are in the displayed currency and subject to the sales taxes of the local country in which BABY PROOF operates.