Terms of Service

We are here to serve you in the journey of parenting. Please read through our terms of service before you begin to use our app or website.

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.

BabyG app is not an alternative to medical advice

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.

Membership

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.

Modifications

BabyG Technology Private Limited reserves the right at all times to discontinue or modify the Terms of Use and/or our Privacy Policy as we deem necessary or desirable without any prior notification. Any such modifications would be effective immediately and there shall not be any liability. We suggest that you read our Terms and Conditions and Privacy policy from time to time to stay informed. Any use of the app after such modifications would be deemed to constitute acceptance of the modified terms by the End User.

Account and Registration

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:

  • Provide true, accurate, current, and complete information about yourself and you child as prompted by BabyG app during the registration process (such information being the "Registration Data")
  • Maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, incomplete, or not current or if BabyG has reasonable grounds to suspect that such information is untrue, inaccurate, not current or not in accordance with the User Agreement, BabyG will have the right to indefinitely suspend or terminate your membership and refuse to provide you with access to the app.
  • Any information provided by you shall be kept confidential by BabyG, and shall be subject to applicable Data Privacy laws in existence as amended from time to time.
  • Provide consent for the processing of your and your child’s personal data for the purpose of providing and improving the services of BabyG and for analytics purposes.

Pricing Information

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.

Termination

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.

User Conduct

You Agree and Confirm:

  • That you will use the services provided by BabyG Technology Private Limited, its affiliates, consultants and contracted companies, for lawful purposes only and comply with all applicable laws and regulations while using the Site and transacting on the Site.
  • You will provide true, accurate, complete and current information in all instances where such information is requested of you. BabyG Technology Private Limited reserves the right to confirm and validate the information and other details provided by you at any point of time. If upon confirmation your details are found not to be true (wholly or partly), BabyG Technology Private Limited has the right in its sole discretion to reject the registration and debar you from using the Services of BabyG Technology Private Limited and / or other affiliated websites without prior intimation whatsoever.
  • That you using your best and prudent judgment before entering into any transaction through this Website/app and is doing so at your sole risk. There is no undue influence or coercion placed upon you for using such services or accepting such terms of use.
  • You acknowledge that: (1) we permit access to content that is protected by copyrights, trademarks, patents and other intellectual and proprietary rights (“Intellectual Property Rights”) and; (2) this Agreement and applicable copyright, trademark and other laws govern your use of such content.
  • Our Website, Application or Content and all Intellectual Property Rights related thereto are the exclusive property of BabyG. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publish, adapt, edit or create derivative works from any BabyG Website, Application or Content. Use of our Website, Application or Content for any purpose not expressly permitted by this Agreement is strictly prohibited.
  • Your use of the Website, Application or Content is limited to personal, non-commercial purposes. Your commercial exploitation of the Website, Application or Content is strictly prohibited unless we grant prior written permission.

You shall not use the Site for any of the following purposes:

  • Disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material.
  • Transmitting material that encourages conduct that results in civil liability or otherwise breaches any relevant laws, regulations or code of practice or constitutes a criminal offense. Gaining unauthorized access to other electronic systems.
  • Gaining unauthorized access to other electronic systems.
  • Interfering with any other person's use or enjoyment of the app.
  • Breaching any applicable laws
  • Interfering or disrupting networks or sites connected to the app.
  • Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner. Design details and Colours.

Electronic Communications

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.

Disclosure of Account Information

  • Any personal data (for example name, address, telephone number, or e-mail address) that you transmit through this site will be governed by BabyG Technology Private Limited Privacy Policy and applicable Data Privacy laws, which is hereby incorporated into these Terms and Conditions by reference.
  • You authorize our Data Privacy Officer (DPO) to disclose necessary information that you have provided to third parties or information that DPO has obtained about your Account:
    • to agents of DPO or its affiliates, such as independent auditors, consultants or attorneys;
    • to comply with government agency or court orders or requests; or
    • where it is necessary for fulfillment with third-party suppliers.
  • By using the service provided in BabyG Technology Private Limited website/app, you authorize DPO to share personal information about you, including but not limited to your e-mail address, full name and address.

Indemnity

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.

Limitation of Liability

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.

Disclaimers

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.

The views, opinions, and positions (including content in any form) provided as a part of the services are though provided by experts, are not guaranteed. We accept no liability for any errors, omissions, or representations. We are not responsible for the content or accuracy of any third-party resource or for any loss or damage of any sort resulting from the use of, or for any failure of, products or services provided at or from a third-party resource. We recommend these resources on an 'as is' basis. When you use a third-party resource, you will be subject to its terms and licenses and no longer be protected by our privacy policy or security practices, which may differ from the third policy or practices or other terms. You should familiarize yourself with any license or use terms of, and the privacy policy and security practices of, the third party resource, which will govern your use of that resource

Copyright & Trademark

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.

No Obligation to Pre-screen User Content

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.

Parenting may include hyperlinks to third-party content or images. You acknowledge and agree that Parenting is not responsible for and does not endorse any advertising, products or resource available from such resources or websites. The intellectual property rights in the said third-party images/content do not belong to Parenting. These links are provided for your information and convenience only and are not an endorsement by the Parenting of the content of such linked websites or third parties. Parenting has no control over the contents of any linked website and is not responsible for these websites or their content or availability. Thus, we are not responsible for the content or accuracy of any third-party resource or for any loss or damage of any sort resulting from the use of, or for any failure of, products or services provided at or from a third-party resource. We recommend these resources on an 'as is' basis. When you use a third-party resource, you will be subject to its terms and licenses and no longer be protected by our privacy policy or security practices, which may differ from the third policy or practices or other terms. You should familiarize yourself with any license or use terms of, and the privacy policy and security practices of, the third party resource, which will govern your use of that resource.

Collection, Storage and Sharing of Personal Data

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”).

The Data shall be provided and stored on “as-is” basis which is at your sole risk and responsibility, and we do not validate the said information. We have the right to access the Data for any purpose whatsoever including for operational and technical purposes. The treatment of the Data by the Company shall be as provided under the Privacy policy.

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.

Modification of Terms & Conditions of Service

BabyG Technology Private Limited reserves the right to make changes to our Terms of Use and/or our Privacy Policy (which is incorporated herein by reference) at our sole discretion and you may not be notified. We suggest to you, therefore, that you re-read this important notice containing our Terms of Use and Privacy Policy from time to time in order that you stay informed as to any such changes. You have accepted the Agreement as amended if you continue to use any of BabyG Technology Private Limited’s Services after any amendments are posted on our Website.

Disputes

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.

Miscellaneous

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.