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This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
These Terms of Service (this “Agreement”) govern the use and other agreements concerning the BabyG Technology Private Ltd (“BabyG”, “Our”, “Us”, “Company”) Website and Mobile Applications (the “Service”) and BabyG’s content, such as text, graphics, videos, images, information, and other material (“Content”) are provided to you by BabyG. This Agreement represents a binding agreement between you and BabyG and applies to all visitors, users, and others who access the Service (“Users”, “You”).
Please read the following terms and conditions very carefully as your use of service is subject to your acceptance of and compliance with the following terms and conditions.
Our Website, Application and Content are for informational purposes only. Any information provided through our Website, Application or Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment.
You are solely responsible for making sure that your child is safe. Never perform any activity or exercise that you believe your child might not be developmentally ready to do. If you have any doubt about your child’s developmental ability to perform any activity or exercise, ask a healthcare professional before performing it.
Any information regarding your child’s progression, development or ability to perform the exercises or activities provided by our Website, Application or Content is meant to be suggestive in nature as it is impossible to determine every child’s proper developmental progression as each child develops in a different manner and pace. You are solely responsible for determining your child’s developmental process and whether it is appropriate and safe to conduct any suggested activities and exercise with your child. If you have any suspicion of a developmental delay or any other health issue with your child, you should consult a physician or appropriate professional immediately.
You are solely responsible for determining whether your child is physically or mentally able to perform any of the exercises or activities suggested in our Website, Application or Content. We strongly urge you to consult a doctor or appropriate healthcare provider before using any information obtained in our Website, Application or Content, especially if your child has a special medical condition.
You are solely responsible for determining if your child requires treatment from a certified health professional. If at any time during the performance of any activity or exercise suggested in our Website, Application or Content your child experiences any irregular physical, mental, emotional or behavioral response, stop immediately and consult a doctor. Do not resume performance of any of our suggested activities or exercises until obtaining prior approval from your child’s doctor. Never disregard professional medical advice or delay in seeking it for any reason.
Please note that the content, text, data, graphics, images, information, suggestions, guidance, and other material (collectively, "Information") that may be available on developmental activities of children, milestones set and nutritional advice so provided (including information provided in direct response to your questions or postings) should not be treated as medical advice. The information on the Parenting is provided without any representations or warranties, express or implied. You must not rely on the information on Parenting as an alternative to medical advice from your doctor or other professional healthcare providers. If you have any specific questions about any medical matter, you should consult your doctor or other professional healthcare providers. The Developmental and nutritional Services includes interactive features that allow users to communicate with us. You acknowledge that because of the limited nature of communication through the interactive features, any assistance you may receive using any such features is likely to be incomplete or not appropriate for your condition. Despite our efforts to provide useful and accurate information, errors may appear from time to time. As health and nutrition research continuously evolves, we do not guarantee the accuracy, completeness, or timeliness of any information presented on the Parenting.
Use of the BabyG app is available only to persons who can form legally binding contracts under applicable law. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including un-discharged insolvents, etc. are not eligible to use the app. An account opened by a person on the app of BabyG Technology Private Limited shall be deemed to be competent to contract.
BabyG Technology Private Limited reserves the right to terminate your membership and refuse to provide you with access to the app if BabyG discovers that you are under the age of 18 years. Those who choose to access this app from outside India are responsible for compliance with local laws if and to the extent local laws are applicable. BabyG memberships are not transferable and therefore cannot be sold or exchanged or transferred in any way whatsoever.
Unless otherwise stated these terms and conditions supersede all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with any other terms of any order submitted. By using the services of BabyG Technology Private Limited you agree to be bound by the Terms and Conditions.
Your BabyG account gives you access to content and functionality that we may establish, maintain, change, remove, or terminate from time to time and in our sole discretion. By connecting to our Application directly or through a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials.
It is your responsibility to keep the details of the account and password confidential, and you agree to accept responsibility for all activities that occur under Your Account or Password. BabyG Technology Private Limited shall not be liable to any person for any loss or damage which may arise as a result of any failure by the user to protect the account details or the password. In case of any suspected breach please contact us immediately through contact us link on our website. If BabyG Technology Private Limited has reason to believe that there is likely to be a breach of security or misuse of the BabyG app, we may require you to change your password or we may suspend your account without any liability to BabyG Technology Private Limited.
You also agree to:
BabyG account holders may access the BabyG Services or Content free of cost. Although, BabyG reserves the right to change the free access to paid in future at their discretion.
We may terminate this Agreement at any time. Without limiting the foregoing, we shall have the right to terminate any account of end User in the event of any conduct by End User which we, in our sole discretion, consider being unacceptable, or in the event of any breach by End User of this Agreement. Our right to any Comments shall survive any termination of this User Agreement. Any such termination of the User Agreement shall not cancel your obligation to pay for the Services already ordered from the Site or affect any liability that may have arisen under this agreement.
You Agree and Confirm:
When you visit the BabyG Technology Private Limited Website or app, you shall be asked to “allow notifications from this source” because this is how we shall be communicating with you on the provisions of services. If needed, you can disable it from your phone settings. We may also choose to communicate with you by email. You hereby agree that all notices, agreements and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
You agree to defend, indemnify and hold harmless BabyG Technology Private Limited, its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to us or in relation to the non-fulfillment of any of your obligations under this User Agreement or arising out of your violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this User Agreement.
We will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement will not exceed the amount paid or payable for the services provided to you under this Agreement.
In no event shall BabyG, its proprietors, affiliates, group companies, associated entities, officers, directors, employees, consultants, or agents, be liable to you for any direct, indirect, incidental, special, punitive, exemplary or consequential damages of any kind including but not limited to loss of profits, business interruption and/or loss of information or data whatsoever resulting from any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our website, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from our website, (iv) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through our website by any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the website, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
You specifically acknowledge that BabyG shall not be liable for user submissions or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.
We make no express or implied warranties or representations with respect to any developmental activities or advice that we may provide as a part of our services. Any advisory provided by us or developmental activities suggested by us, including, without limitation, warranties of fitness, merchantability, or any implied warranties arising out of a course of performance usage shall not be our responsibility. In addition, we make no representation that the operation of the BabyG Technology Private Limited website and/or app will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.
Everything located on or in this Site, including the Microsites, is our exclusive property and can be used with the express permission of the copyright and/or trademark owner. ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING, LINKING, DEEP LINKING, OR OTHERWISE MODIFYING OF THIS SITE OR ANY OF THE MICROSITES WITHOUT OUR EXPRESS WRITTEN PERMISSION OF BabyG.com IS STRICTLY PROHIBITED. Any violation of this policy may result in a copyright, trademark or other intellectual property right infringement that may subject the End User to civil and/or criminal penalties.
BabyG Technology Private Limited does not have any obligation to pre-screen, edit, or remove any information provided by Users that is posted on or made available through the Website and/or app. However, BabyG Technology Private Limited will have the right (but not the obligation), in its sole discretion and for any reason, to pre-screen, edit, refuse to accept, remove, or move any such Content.
The views, opinions and positions (including content in any form) expressed within this post are those of the author alone. The accuracy, completeness and validity of any statements made within this article are not guaranteed. We accept no liability for any errors, omissions or representations. The responsibility for intellectual property rights of this content rests with the author and any liability with regards to infringement of intellectual property rights remains with him/her.
We shall provide you with the facility to store your data in your account (the “Data Storage Services”). The data stored through the Program may include registration data, any other information uploaded by you, history of your activities on the Program, your and/ or your child’s diet and health records (the “Data”), etc.
In the course of delivering services on website to you, we do not collect any personally-identifiable information about you, such as your name, address, phone number or email without your knowledge.
If you have any questions or concerns regarding this matter, please feel free to contact us.
BabyG has the right, but not the obligation to monitor and edit or remove any content posted by you as your communication. However, we reserve the right, but have no obligation, to monitor and edit, modify or delete any Communications (or portions thereof) which we, in our sole discretion, deems inappropriate, offensive or contrary to any of our policy, or that violate these terms.
Although we try to take all possible care to protect your data, the company should not be held liable in case of any loss of data or discrepancy of data. We request you to highlight any such instance via email so that we can take appropriate measures to help you with the same.
We make no representation and are not responsible for the accuracy or completeness of the Data under the Data Storage Services. Further, we shall not be liable for any content, fact, data, diagnosis or language used in the Data. It is clarified that you shall be solely responsible and liable for the Data.
By subscribing to this Program, you agree, accept and allow us to share and transfer your personal information with any third party solely for the purpose of this Program. You agree and allow us to save your personal information as long as it will be required under this Program.
Because of the nature of the Internet, we might have to carry out system maintenance and/or upgrading and/or testing and/or repairs and/or other related work (the “Maintenance”). We may at our sole discretion and without assigning any reason whatsoever at any time deactivate and/or suspend the User’s access to BabyG site and/or app and/or the Services (as the case may be) without notice to carry out Maintenance. Without prejudice to any other provisions of this Agreement, we shall not be liable for any loss and/or damage and/or costs and/or expense that the User may suffer or incur, as a result of such deactivation and/or suspension.
BabyG shall not be liable for any loss or liability resulting, directly or indirectly, from delays or interruptions due to electronic or mechanical equipment failures, telephone interconnect problems, defects, weather, strikes, walkouts, fire, acts of God, riots, armed conflicts, acts of war, or other like causes. The Website shall have no responsibility to provide you access to the Website while interruption of the Website is due to any such cause shall continue.
Any dispute relating in any way arising out of or in connection with this Agreement will be subject to the jurisdiction of the court of Mumbai, Maharashtra, and you hereby consent to exclusive jurisdiction and venue in those courts.
This Agreement will be governed by the laws of the Indian Republic and the state of Maharashtra, without reference to rules governing choice of laws. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.