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Overview
The following are terms of a legal agreement between you and theBabyBox.com.my.
By accessing, browsing, or using this Web site, you acknowledge that you have read,
understood, and agree to be bound by these terms and to comply with all applicable
laws and regulations, including export and re-export control laws and regulations.
If you do not agree to these terms, please do not use this Web site. theBabyBox.com.my
may, without notice to you, at any time revise these Terms of Use and any other
information contained in this Web site by updating this posting. theBabyBox.com.my
may also make improvements or changes in the products, services, or programs described
in this site at any time without notice.
Use of Site Access
theBabyBox.com.my grants you a limited non-exclusive license to access and make
personal and non-commercial home use of this Site. As such, you cannot download
the Site (other than page caching) or modify the Site or its contents or any portion
of the Site or any of its contents, except with the prior written consent of theBabyBox.com.my
. This license does not include any resale or commercial use of this Site or its
contents; any collection and use of any product listings, descriptions, or prices;
any derivative use of this Site or its contents; any downloading or copying of account
information for the benefit of another merchant and/or user; or any use of data
mining, robots, or similar data gathering and extracting tools. This Site or any
portion of this Site may NOT be reproduced, duplicated, copied, sold, resold, visited,
or otherwise exploited for any commercial purpose without prior express written
consent of theBabyBox.com.my. You may not frame or utilise framing techniques to
enclose any trademark, logo, or other proprietary information (including images,
text, page layout, or form) of theBabyBox.com.my and the Site without theBabyBox.com.my’s
prior express written consent. You may not use meta tags or any other "hidden text"
utilising theBabyBox.com.my and the Site’s name or trademarks without the prior
written consent of theBabyBox.com.my. Any unauthorised use automatically terminates
the permission or license granted by theBabyBox.com.my.
You are granted a limited, revocable, and non-exclusive right to create a hyperlink
to the homepage of the Site so long as the link does not in any manner whatsoever
or howsoever portray or depict the Site, or its products or services in false, misleading,
derogatory, obscene or otherwise offensive light or manner. You may not use any
theBabyBox.com.my logo, the Site logo or other proprietary graphic or trade mark
as part of the link without theBabyBox.com.my’s prior express written consent.
Your Particulars
When you register with theBabyBox.com.my , you agree to (i) provide true, accurate,
current and complete information about yourself as prompted by the Order form (the
"Order Data") and to (ii) maintain and promptly update the Order Data to keep it
true, accurate, current and complete. You are responsible for maintaining the confidentiality
of your Order Data or passwords and for restricting access to your computer, and
you agree to accept responsibility for all activities that occur under your particulars.
theBabyBox.com.my cannot and will not be liable for any loss or damage arising from
your failure to comply with this Terms and Conditions. If you are under 18 years
of age, you can use the Site only with involvement of a parent or guardian. theBabyBox.com.my
reserves the right to refuse service, remove or edit content, or cancel orders at
its sole discretion.
Risk of Loss
All items purchased from the Site are made pursuant to a shipment contract. This
means that the risk of loss and title for such items pass to you upon our delivery
to the carrier.
Termination
You agree that theBabyBox.com.my , at its sole and absolute discretion, may terminate
your use of the Site for any reason, including, without limitation, lack of use
or if theBabyBox.com.my believes that you have breached or acted inconsistently
with or in disregard of the letter or spirit of the Terms and Conditions. theBabyBox.com.my
may also at its sole and absolute discretion and at any time, with or without notice,
discontinue providing its services or any part thereof. You agree that any termination
of your access to the Site under any provision of this Terms and Conditions may
be effected without prior notice, and acknowledge and agree that theBabyBox.com.my
may immediately bar any further access to the Site. On the happening of any of the
afore-going, you agree that theBabyBox.com.my shall not in any manner whatsoever
or howsoever, be liable to you or any third party for any termination of your access
to the Site.
Indemnity
You hereby agree to indemnify and forever save theBabyBox.com.my , its affiliates,
directors, officers, employees, owners, agents, information providers, licensors
and licensees harmless, from and against any and all losses, claims, demands, damages,
liabilities and/or costs and expenses, including legal costs, on a full indemnity
basis, which may arise from your use of the Site, including, but not limited to,
any breach of any of the Terms and Conditions, or your violation of any rights of
another. You shall use your best efforts to cooperate with us in the defence of
any claim. We reserve the right (but have no obligation), at our own expense, to
assume the exclusive defence and control of any matter subject always to full indemnification
by you. You hereby acknowledge and agree that any breach of the Terms and Conditions
will result in irreparable harm and/or losses to theBabyBox.com.my for which monetary
damages would or may not be an adequate remedy and, therefore, in addition to its
rights and remedies otherwise available at law, theBabyBox.com.my will be entitled
to equitable relief, including both a preliminary or interlocutory and permanent
injunction, if such a breach occurs. You irrevocably waive any requirement for the
posting of a bond or other security if theBabyBox.com.my seeks such an injunction.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY theBabyBox.com.my ON AN "AS IS" AND "AS AVAILABLE" BASIS.
theBabyBox.com.my MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR
IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS
OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR
USE OF THIS SITE IS AT YOUR SOLE RISK. theBabyBox.com.my DISCLAIMS ALL EXPRESS OR
IMPLIED REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING, BUT NOT
LIMITED TO, IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY AND/OR FITNESS FOR
A PARTICULAR PURPOSE OR NON-INFRINGEMENT. theBabyBox.com.my MAKES NO REPRESENTATIONS,
WARRANTIES, CONDITIONS OR GUARANTEES THAT THIS SITE OR THE FUNCTIONS CONTAINED IN
THE MATERIALS ON THE SITE WILL MEET YOUR REQUIREMENTS; WILL BE UNINTERRUPTED, TIMELY,
SECURE OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED. theBabyBox.com.my DOES NOT
WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM theBabyBox.com.my ARE FREE
OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES,
INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL
MEET YOUR EXPECTATIONS. ALL SUCH WARRANTIES, REPRESENTATIONS, CONDITIONS, UNDERTAKINGS
AND TERMS ARE HEREBY EXCLUDED. theBabyBox.com.my WILL NOT BE LIABLE FOR ANY SPECIAL,
DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES OR ANY DAMAGES
WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL
OR SAVINGS, BUSINESS INTERRUPTION, LOSS OF INFORMATION, WHETHER IN CONTRACT, NEGLIGENCE,
TORT OR OTHERWISE OR ANY OTHER DAMAGES RESULTING FROM ANY OF THE FOLLOWING (i) THE
USE OR THE INABILITY TO USE THE SITE, (ii) ANY DEFECT IN GOODS, SAMPLES, DATA, INFORMATION
OR SERVICES PURCHASED OR OBTAINED FROM A USER OR A THIRD PARTY SERVICE PROVIDER
THROUGH THE SITE, (iii) UNAUTHORISED ACCESS BY THIRD PARTIES TO YOUR DATA OR PRIVATE
INFORMATION, (iv) STATEMENTS OR CONDUCT OF ANY USER OF THE SITE, OR (v) ANY MATTERS
RELATING TO SERVICES ACQUIRED THROUGH THE SITE HOWEVER ARISING, INCLUDING NEGLIGENCE.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SITE IS DONE AT YOUR SOLE
DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER
SYSTEM OR LOSS OR CORRUPTION OF DATA THAT RESULTS OR MAY RESULT FROM THE DOWNLOAD
OF ANY SUCH MATERIAL, INCLUDING ANY DAMAGES RESULTING FROM COMPUTER VIRUSES. NO
ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM theBabyBox.com.my
OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY
STATED HEREIN. UNDER NO CIRCUMSTANCES SHALL theBabyBox.com.my BE HELD LIABLE FOR
A DELAY OR FAILURE OR DISRUPTION OF THE CONTENT OR SERVICES DELIVERED THOUGH THE
SITE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES OR CAUSES BEYOND
ITS REASONABLE CONTROL, INCLUDING WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER,
TELECOMMUNICATIONS OR ANY OTHER EQUIPMENT FAILURES ELECTRICAL POWER FAILURES, STRIKES,
LABOUR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOUR OR
MATERIALS, FIRES, FLOOD, STORMS, EXPLOSIONS, ACTS OF GOD, ACTS OF TERRORISTS, WAR,
GOVERNMENT ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS OR NON-PERFORMANCE
OF THIRD PARTIES.
Applicable Law
This Site is created, owned and controlled by theBabyBox.com.my in MalHi-Mama. The
Terms and Conditions shall be governed and interpreted in accordance with the laws
of MalHi-Mama without giving effect to any principles of conflicts of laws. Those
who choose to access the Site do so on their own initiative and are responsible
for compliance with local laws, if and to the extent local laws are applicable.
By visiting or using the Site or by placing an order through the Site you hereby
irrevocably accept, agree and consent to the exclusive jurisdiction of the Courts
in MalHi-Mama in all disputes, controversies or differences of whatsoever nature
which may arise, out of or in relation to the Terms and Conditions, or the breach
hereof relating to the use of the Site.
Accuracy of Information
We attempt to be as accurate as possible when describing our products on the Site.
However, to the extent permitted by applicable law, we do not warrant that the product
descriptions or other content available on the Site is accurate, complete, reliable,
current, or error-free.
Modification and Discontinuance
We reserve the right at any time and from time to time to modify or discontinue,
temporarily or permanently, the Site and the Terms and Conditions (or any part thereof)
with or without notice to you. The amended and restated Terms and Conditions will
be posted on the Site and shall be effective immediately upon posting. Posting by
theBabyBox.com.my of the amended and restated Terms and Conditions and your continued
use of the Site shall be deemed to be acceptance of the amended terms. You agree
that theBabyBox.com.my shall not be liable to you or to any third party for any
modification, suspension or discontinuance of the Site. Please also review our other
policies posted on the Site. These policies also govern your visit to theBabyBox.com.my
’s website.
Waiver of Condition of Use
The failure of theBabyBox.com.my in any one or more instances to insist upon performance
of any of the terms or conditions contained herein, or to exercise any right or
privilege hereunder, or the waiver by theBabyBox.com.my of any breach by you, of
these terms or conditions of sale, shall not be construed as thereafter waiving
such terms and condition, rights of privileges, and the same shall continue and
remain in force and effect as if no failure or waiver had occurred.
Links to other Websites
Links to third party websites on this Site are provided solely as a convenience
to you. Please exercise discretion while browsing the Internet using this Site.
If you use these links, you will leave this Site. theBabyBox.com.my has not reviewed
all of these third party sites and does not control and is not responsible for any
of these sites or their content. Thus, theBabyBox.com.my does not endorse or make
any representations about them, or any information, software or other products or
materials found there, or any results that may be obtained from using them. If you
decide to access any of the third party sites linked to this Site you do this entirely
at your own risk. theBabyBox.com.my will not be responsible or liable, directly
or indirectly, for any damage or loss caused or alleged to be caused by or in connection
with use of or reliance on any such content, goods or services available on or through
any such site or resource.
Intellectual Property Rights
theBabyBox.com.my is the sole owner or lawful licensee of all the rights to the
Site and all information, text, messages, illustrations, images, logos, designs,
icons, photographs, programs, music, sound, video clips, directories, files, databases,
listings or other materials available on or through the Site (collectively the "Content").
The Site and the Content embody trade secret and intellectual property rights protected
under worldwide copyright and other laws. All title, ownership and intellectual
property rights in the Site and the Content shall remain with theBabyBox.com.my
, its affiliates or licensors of the Content, as the case may be. All rights not
otherwise claimed under this Terms and Conditions or by theBabyBox.com.my are hereby
reserved. “Hi-Mama", "theBabyBox.com.my " and related icons and logos of Home N
You Sdn Bhd in various jurisdictions are protected under applicable copyright, trademark
and other proprietary rights laws. The unauthorised copying, modification, use or
publication of these marks is strictly prohibited.
Notices and Communications
When you visit the Site or send e-mails to us, you are communicating with us electronically.
You consent to receive communications from us electronically. We will communicate
with you by e-mail or by posting notices on the Site. You agree that all agreements,
notices, disclosures and other communications that we provide to you electronically
satisfy any legal requirement that such communications be in writing.
Severability
If any provision of the Terms and Conditions shall be unlawful, void, or for any
reason unenforceable, then that provision shall be deemed severable from these terms
and shall not affect the validity and enforceability of any remaining provisions.
Entire Agreement
The Terms and Conditions constitute the entire agreement between you and theBabyBox.com.my
and govern your use of the Site, superseding any prior agreements between you and
theBabyBox.com.my (including, but not limited to, any prior versions of the Terms
and Conditions). You also may be subject to additional terms and conditions that
may apply when you use other theBabyBox.com.my services, third-party content or
third-party software. Any assignment or transfer of either the Terms and Conditions
or any right granted hereunder is strictly prohibited.
Heading
The headings of each of the Terms and Conditions are for convenience of reference
only and shall not form part of the Terms and Conditions. Such heading shall be
ignored in the interpretation or construction of any of the Terms and Conditions.
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