The following terms and conditions (the “Agreement”) form a binding agreement between you (“you”, “your”, “user”) and Baby Shop Philippines (“Babyshop.ph”, “we”, “us”, “our”). By using this site (the “Site”), you agree to the terms and conditions that we have provided. If you do not wish to agree to these terms and conditions, you may not use the Site in any way and must refrain from using it.
The Site provides an interactive online service operated by Baby Shop Philippines, Inc. on the World Wide Web of the Internet, consisting of information services, content and transaction capabilities, This Agreement sets forth the terms and conditions that apply to the use of this Site by you. By using this Site (other than to read this Agreement for the first time), you agree to comply with all of the terms and conditions hereof. The right to use this Site is personal to you and is not transferable to any other person or entity.
You acknowledge that, although the Internet is often a secure environment, sometimes there are interruptions in service or events that are beyond the control of Baby Shop Philippines Inc., and Baby Shop Philippines Inc. shall not be responsible for any data lost while transmitting information on the Internet.
Baby Shop Philippines Inc. shall have the right at any time to change or discontinue any aspect or feature of the Site, including, but not limited to, content, hours of availability and equipment needed for access or use. Further, Baby Shop Philippines Inc. may discontinue disseminating any portion of information or category of information may change or eliminate any transmission method and may change transmission speeds or other signal characteristics.
It is your sole responsibility to check the Site from time to time to view any such changes in the Agreement. If you do not agree to any changes, if and when such changes may be made to the Agreement, you must cease use of the Site. Your use of the Site after any modifications to the Agreement indicates that you agree to such modified Agreement.
Any changes to this Agreement (other than as set forth in this paragraph) or waiver of Baby Shop Philippines’ rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of Baby Shop Philippines’ owner. No purported waiver or modification of this Agreement by Baby Shop Philippines via telephonic or email communications shall be valid.
ACCESS AND EQUIPMENT
You shall be responsible for obtaining and maintaining access to the Site, all telephone, computer hardware and other equipment needed for access to and use of this Site and all charges related thereto. Baby Shop Philippines shall not be liable for any damage to your equipment resulting from the use of this Site.
While it is Baby Shop Philippines’ objective to make the Site accessible 24 hours per day, 7 days per week, the Site may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of the control of Baby Shop Philippines, access to the Site may be interrupted, suspended or terminated from time to time.
The Baby Shop Philippines service as offered on the Site is not available to minors under the age of 13 or to any users suspended or removed from the system by Baby Shop Philippines for any reason. If you do not qualify, you may not use the Site.
This Site is private property. All interactions on this Site must comply with this Agreement. Although we welcome and encourage user interaction on our Site, we do insist and require that you restrict any and all activity in connection with the use of this Site to that which involves lawful purposes only. Baby Shop Philippines is under no obligation to review any messages, information or content posted on the Site by other users and assumes no responsibility or liability relating to any such postings. Notwithstanding the above, Baby Shop Philippines may from time to time monitor the postings on the Site and may decline to accept and/or remove any email or postings.
You shall not post or transmit through this Site any material which:
Violates or infringes in any way upon the rights of others;
is unlawful, threatening, abusive, harmful, harassing, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, hateful, racially, ethnically or otherwise objectionable;
Encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable national or international law;
Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
Advertises or performs any commercial, religious, political or non-commercial solicitation, including, but not limited to, the solicitation of users of this Site to become users of other online or offline services directly or indirectly competitive or potentially competitive with Baby Shop Philippines ;
Impersonates others or provides any kind of false information; and
offers unauthorized downloads of any copyrighted or private information.
Any conduct by you that in Baby Shop Philippines’ exclusive discretion restricts or inhibits any other user from using or enjoying this Site is strictly prohibited.
The foregoing provisions of this Section 5 apply equally to and are for the benefit of Baby Shop Philippines, its subsidiaries, affiliates, Merchants and its third-party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.
In consideration of the use of the Site, you represent you are of legal age to form a binding contract, are not barred from receiving services under the laws of the Republic of the Philippines or other applicable jurisdiction, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.
You also agree to provide true, accurate, current and complete information as prompted by the Site’s registration form. If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Baby Shop Philippines has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Baby Shop Philippines has the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
You are responsible for maintaining the confidentiality of your account and password, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. Because of this, we strongly recommend that you exit from your account at the end of each session. You agree to notify Baby Shop Philippines immediately of any unauthorized use of your account or any other breach of security.
Baby Shop Philippines reserves the right to refuse service, terminate accounts, or remove or edit content in its sole discretion.
Users may not have more than one active account. Additionally, you are prohibited from selling, trading, or otherwise transferring your account to another party. Any change of name on a user’s account should not constitute a transfer to another party.
Should you wish to terminate your account for any reason, you may do so by sending an email with the subject line “Termination” firstname.lastname@example.org
Unless otherwise indicated, all other trademarks appearing on the Site are the property of their respective owners.
DISCLAIMER OF WARRANTY
The site and its services, including, without limitation, all content, and the coupons made available on or accessed through the site, are provided “As is” “As available”, and “With all faults.”
To the fullest extent permissible by law, Baby Shop Philippines make no representations or warranties or endorsements of any kind whatsoever (Express or Implied) with respect to:
The site and its services;
The legality, accuracy, reliability, quality of authenticity of content, information, advertisements, services or products provided by any party through the site;
The treatment of any information, content, material, or data transmitted by users to the site;
The security associated with the transmission of sensitive information through the site or any linked site; Or the results that may be obtained from use of this site.
Baby Shop Philippines does not warrant that the site or service will be uninterrupted or error-free, that defects will be corrected, or that the site or the services that make the site available will always be free of viruses of other harmful components.
Baby Shop Philippines does not warrant that your activities in connection with or use of the site is lawful in any particular jurisdiction and, in any event, Baby Shop Philippines specifically disclaims such warranties to the fullest extent permitted by law.
By using the site, you act at your own risk, and you represent and warrant that your access and activities are lawful in every jurisdiction where you access or use the site.
Further, Baby Shop Philippines Disclaims, to the fullest extent permitted by law, any express or implied warranties including, without limitation, no infringement, merchantability, fitness for a particular purpose, and title, as well as implied warranties arising out of the course of dealing or performance.
Where any jurisdictions limit of do not allow the disclaimer of implied or other warranties as set forth above, the disclaimer will not apply to the extent limited by the applicable law of such jurisdiction.
LIMITATION OF LIABILITY
Without limitation of anything else set forth in this agreement, Baby Shop Philippines further limits its liability in connection with your use of the sire as set forth below:
Under no circumstances shall Baby Shop Philippines, Its officers, directors, employees, or agents be liable to you for any direct or indirect loss or damages of any kind, including, without limitation, for any special, indirect, incidental, exemplary, economic, punitive, or consequential damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if foreseeable or even if Baby Shop Philippines has been advised of the possibility of such damages), that are directly or indirectly arising out of or related to:
The site, its services, content or any related service;
The use of, inability to use, or performance of any third party products or services;
The legality, accuracy, reliability, quality or authenticity of content, information, advertisements, coupons, services or products provided by any party through the site:
Any errors or omissions in the technical operation of the site or service.
In addition, Baby Shop Philippines’ liability to you for direct damages for any claim related to any of the foregoing shall be capped at the amount which you have actually paid to Baby Shop Philippines.
If any jurisdiction does not allow the exclusion or the limitation of liability for direct, consequential or incidental damages, in such jurisdiction, Baby Shop Philippines’ liability, and the liability of its officers, directors, employees, and agents shall be limited to the extent permitted by law.
Baby Shop Philippines, its officers, directors, employees, or agents are not responsible for any damage to any user’s computer, hardware, computer software, or other equipment or technology including, without limitation, damage from any security breach or from any virus, bugs, tampering, fraud, computer line or network failure or any other technical or other malfunction.
Your access to and use of the sire is at your own risk. If you are dissatisfied with the sire and its services, your sole and exclusive remedy is to discontinue accessing and using the sire and its services.
You recognize and confirm that if you incur any damages, losses or injuries that arise out of Baby Shop Philippines’, or its officers, directors, employees, or agents, acts or omissions, the damages, if any, caused to you are not irreparable or sufficient to entitle you to an injunction, and you will have no rights to enjoin or restrain the development, production, distribution, advertising, exhibition or exploitation of the site and its services.
DISCLAIMER: Baby Shop Philippines and its owners are not affiliated with any of the store brands products being sold in BabyShop.Ph.
You acknowledge that all discussion for ratings, comments, bulletin board service, chat rooms and/or other message or communication facilities (collectively “Communities”) are public and not private communications, and that, therefore, others may read your communications without your knowledge. Baby Shop Philippines does not control or endorse the content, messages or information found in any Community, and, therefore, Baby Shop Philippines specifically disclaims any liability concerning the Communities and any actions resulting from your participation in any Community, including any objectionable content.
Generally, any communication which you post to Baby Shop Philippines (whether in chat rooms, discussion groups, message boards or otherwise) is considered to be non-confidential. If particular web pages permit the submission of communications that will be treated by Baby Shop Philippines as confidential, that fact will be stated on those pages.
By posting comments, messages or other information on the Site, you grant Baby Shop Philippines the right to use such comments, messages or information for promotions, advertising, market research or any other lawful purpose without territorial, time or other limitation.
You agree to defend, indemnify and hold harmless Baby Shop Philippines, its directors, officers, employees and agents from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses, including attorneys’ fees, arising out of or related to:
Any item/s purchased by you in connection with the Site;
Your use of and access to the Site;
Your violation of any third party right, including without limitation any copyright, property, or privacy right;
Any claim that any content submitted by you causes damage to a third party; or
Your violation of this Agreement or any law, rule or regulation.
This defense and indemnification obligation will survive this Agreement and your use of the Site.
You are solely responsible for your interactions with other users of the site. To the extent permitted under applicable laws, you hereby release Baby Shop Philippines, its directors, officers, employees and agents from any and all claims or liability related to any product or service of a user, any action or inaction by a user, including a user’s failure to comply with applicable law and/or failure to abide by the terms of the purchase, and any conduct or speech, whether online or offline.
Baby Shop Philippines may terminate this Agreement at any time for any reason without prior notice, and this Agreement will automatically terminate in the event that you violate any of the terms and conditions set forth. In the event of any termination, you must immediately cease access to the Site. Without limiting the foregoing, Baby Shop Philippines shall have the right to immediately terminate any passwords or accounts in the event of any conduct by you which Baby Shop Philippines, in its sole discretion, considers to be unacceptable, or in the event of any breach by you of this Agreement. Any provision of this Agreement that imposes or contemplates continuing obligations on a party, or which by their nature must survive in order to be given full effect, will survive expiration or termination of this Agreement.
This Agreement, the interpretation of this Agreement, the relationship between you and Baby Shop Philippines, and any disputes arising in connection with this Agreement will be governed by the laws of THE Republic of the Philippines without regard to its conflict of law provisions.
No waiver by either party of any breach or default hereunder is a waiver of any preceding or subsequent breach or default. The failure of either party to exercise any of its rights under this Agreement shall not be deemed a waiver or forfeiture of such rights or any other rights provided hereunder.
If any provision of this Agreement is held invalid, void or for any reason unenforceable by a court of competent jurisdiction, it is agreed by the parties that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and such invalidity shall not affect the enforceability of any other provisions contained in this Agreement, and the remaining portions of this Agreement shall continue in full force and effect.
The section headings used herein are for convenience only, do not limit the scope and extent of such section, and shall be of no legal force or effect.
This Agreement will not be construed against Baby Shop Philippines by virtue of having drafted such.
You are solely responsible for compliance with applicable laws, rules, and regulations in connection with your use of the Site.
You may not assign this Agreement or your rights and obligations hereunder, in whole or in part, to any third party without our prior written consent, and any attempt by you to do so will be invalid.
Except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement.
Any dispute arising out of or in connection with this Agreement, including any question regarding its existence, validity or termination, shall first be referred to and finally resolved by arbitration in accordance with Philippine Rules, which Rules are deemed incorporated by reference into this clause. The seat or legal place of arbitration shall be Makati, Philippines. The language to be used in the arbitral proceedings shall be English. Any arbitration award shall be final and binding upon the Parties, shall be the exclusive remedy between the Parties, and may be enforced by judgment of a competent court having jurisdiction.
Any claim or dispute which results in a legal proceeding between the Parties that arises out of or relates to this Agreement, , any Deal, the services related thereto, or concerning the respective rights or obligations of the Parties hereto shall be decided exclusively by a court of competent jurisdiction located in Makati. You irrevocably submit to the exclusive jurisdiction of Philippine courts.
YOU AND BABY SHOP PHILIPPINES AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO BABY SHOP PHILIPPINES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
When you use the Site or send emails to Baby Shop Philippines, you are communicating with Baby Shop Philippines electronically. You consent to receive communications electronically from Baby Shop Philippines. Baby Shop Philippines will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing.
AVAILABILITY OF PRODUCTS/SERVICES
The Site can be accessed from countries around the world. You understand that some or all products/services provided on the Site may not be available for purchase to persons residing in certain jurisdictions or geographic areas. Baby Shop Philippines reserves the right, in its sole discretion, to exclude or otherwise limit the provision of a purchase for any product or service to a person residing in any jurisdiction or geographical area. Baby Shop Philippines does not represent or warrant that any product or service promoted on the Site will be available for purchase by any particular person.