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Welcome!
You have entered the website
owned and operated by HappyMomNBaby.com
(“HappyMomNBaby.com
”), identified by the URL HappyMomNBaby.com (the
"Site"), but
before proceeding further
please read carefully the
following Terms and
Conditions of Use which will
govern your use of the Site
(”Terms and Conditions”
which expression shall
include any modification
that may from time to time
be made thereto by HappyMomNBaby.com
). By
using the Site or by placing
an order through the Site
you agree to and accept all
these Terms and Conditions
and therefore have entered
into an agreement with HappyMomNBaby.com
governing your use of the
Site. In addition, when you
use any current or future HappyMomNBaby.com
service(s), you also will be
subject to the guidelines
and conditions applicable to
such service or business.
USE
OF SITE ACCESS
HappyMomNBaby.com
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 HappyMomNBaby.com
. 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 HappyMomNBaby.com
.
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 HappyMomNBaby.com
and the Site without HappyMomNBaby.com
’s prior
express written consent. You
may not use meta tags or any
other "hidden
text" utilising HappyMomNBaby.com and
the Site’s name or
trademarks without the prior
written consent of HappyMomNBaby.com
. Any
unauthorised use
automatically terminates the
permission or license
granted by HappyMomNBaby.com
.
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 HappyMomNBaby.com logo,
the Site logo or other
proprietary graphic or trade
mark as part of the link
without HappyMomNBaby.com ’s
prior express written
consent.
YOUR
PARTICULARS
When
you register with HappyMomNBaby.com
, 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. HappyMomNBaby.com 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. HappyMomNBaby.com
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 HappyMomNBaby.com
,
at its sole and absolute
discretion, may terminate
your use of the Site for any
reason, including, without
limitation, lack of use or
if HappyMomNBaby.com
believes that you have
breached or acted
inconsistently with or in
disregard of the letter or
spirit of the Terms and
Conditions. HappyMomNBaby.com
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 HappyMomNBaby.com may
immediately bar any further
access to the Site. On the
happening of any of the
afore-going, you agree that HappyMomNBaby.com 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 HappyMomNBaby.com
, 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 HappyMomNBaby.com
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, HappyMomNBaby.com 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 HappyMomNBaby.com
seeks such an injunction.
DISCLAIMER
OF WARRANTIES AND LIMITATION
OF LIABILITY
This site is provided by HappyMomNBaby.com on an "as is" and "as available" basis. HappyMomNBaby.com 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.
HappyMomNBaby.com
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. HappyMomNBaby.com
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. HappyMomNBaby.com
does not warrant that this site, its servers, or e-mail sent from HappyMomNBaby.com
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. HappyMomNBaby.com
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 HappyMomNBaby.com or through or from the site shall create any warranty or condition not expressly stated herein.
Under no circumstances shall HappyMomNBaby.com
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 HappyMomNBaby.com in
Malaysia. The Terms and
Conditions shall be governed
and interpreted in
accordance with the laws of
Malaysia 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 Malaysia 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 HappyMomNBaby.com 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 HappyMomNBaby.com 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 HappyMomNBaby.com
’s
website.
WAIVER
OF CONDITIONS OF USE
The
failure of HappyMomNBaby.com
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 HappyMomNBaby.com
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. HappyMomNBaby.com
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, HappyMomNBaby.com
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. HappyMomNBaby.com 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
HappyMomNBaby.com
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 HappyMomNBaby.com
, its
affiliates or licensors of
the Content, as the case may
be. All rights not otherwise
claimed under this Terms and
Conditions or by HappyMomNBaby.com are
hereby reserved. “HappyMomNBaby.com",
"HappyMomNBaby.com "
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 HappyMomNBaby.com and
govern your use of the Site,
superseding any prior
agreements between you and HappyMomNBaby.com
(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 HappyMomNBaby.com
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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