TERMS & CONDITIONS

1. Information

For your convenience, we have listed below some general information about ourselves:

“We” are Baby Sense (PTY) LTD, registration number 2010/022163/07, and “us” and “our” have a corresponding meaning herein.

Our postal address is Postnet Suite #, Private Bag X16, Constantia, 7848, South Africa

Our address of establishment is at Prime Park, Unit A7, 15 Mocke Road, Elfindale, Cape Town, South Africa, 7945 and we will accept service of all legal documents there;

Our e-mail address is mail@babysense.co.za.

2. Definitions

In these Terms of Use:

Account means your subscription account for the use of our services;

Content means any information, data, text, software, music, sound, photographs, graphics, video, messages, comments, opinions, advice, statements, ideas, feedback, suggestions and the tags contained on this Website;

Terms of Use means the terms and conditions set out herein;

Contributor Guidelines means our guidelines for making content contributions to Our Website, which is set out below;

Privacy Policy means our privacy policy, which is set out here;

Events and Workshop Terms and Conditions mean our events and workshop terms and conditions, which is set out below;

Electronic Ordering Terms and Conditions means our terms and conditions regarding the ordering of products from www.babysense.com; which is set-out below;

Product and services refers to an extensive range of goods including Products, apps, downloadable material, audio and tickets providing access to events;

User means any User of Our Website, including any advertiser, subscriber, blogger, member, contributor or other User of the services offered here;

We, us and our means Baby Sense (and, unless the context indicates otherwise, its owners, employees, suppliers, internet service providers, agents and affiliates);

You mean a User of Our Website;

The singular includes the plural and vice versa; and

Hyperlinks, which are not operational, will not in any way detract from the validity and interpretation of the Terms

3. General terms and conditions of use of our website

You agree to use this site in accordance with these terms of use, and all laws, regulations and codes of conduct (including self-regulatory) applicable to you and your use of the Internet and the services provided to you on Our Website, including our Contributor Guidelines. In particular, you agree to use this site only for lawful purposes and in a manner which does not infringe the rights of, or restrict or inhibit the use of or enjoyment of this site by any third party. Furthermore you agree not to use the site in a manner that would bring us, our business and/or any of our affiliates into disrepute.

You are responsible for anything which you transmit or receive to, from or via or post on Our Website. We do not control or screen the content of what is posted to, from or via Our Website by our members or third parties, and accordingly we do not guarantee its accuracy, integrity or quality or that it will not be objectionable to you. You should not place any reliance on, nor will we be responsible or liable for anything which has been transmitted or received, or ought to have been transmitted or received but was not.

You are not permitted to transmit to, from or via or post on Our Website anything that you do not have a clear right to use. You must ensure that you do not transmit or post on our Website any material containing software viruses or files designed to damage or disrupt the good working order of any computer or telecommunications equipment.

You are not permitted to do anything that may disrupt in any way the operation of Our Website and services, nor are you permitted to do anything that would disrupt the use and enjoyment of Our Website and our services by any other user.

Other than as expressly permitted, by us, you are not permitted to use Our Website to engage in any commercial activity of any form.

We may be entitled at our discretion to refuse or remove anything that is transmitted to, from or via or posted on Our Website that, in our opinion, is objectionable or otherwise does not comply with these terms and conditions. We will not be liable at all for doing this.

We may record preserve and disclose anything which has been transmitted to, from or via or posted on Our Website and the services, where required by law or where we are acting in good faith.

Your use of content and information – disclaimer with respect to content

A variety of information, advice, recommendations, letters, messages, comments, posts, text, graphics, software, music, sound, photographs, videos, data, and other materials (“Content”) is available on our Website. Some of the Content is provided by Baby Sense or its suppliers, and other Content is provided by persons who use our Website (“Users”), such as User opinions and views provided via posts to chat rooms, blogs, bulletin boards, or discussion forums. While Baby Sense strives to keep the Content that it posts on our Website accurate, complete, and up-to-date.  Baby Sense cannot guarantee, and is not responsible for, the accuracy, completeness, or timeliness of any Content, whether provided by Baby Sense or its suppliers, or by Users of our Website.

We do not generally monitor, edit, control or filter the Content posted by our Users. You acknowledge that Content submitted to this Website by other Users or third parties, including but not limited to bloggers, health care providers, suppliers and sponsors, are those of the respective User or other third party and not of Baby Sense and that we have not authorized nor endorsed such Content. We do not endorse any events, Products or services posted, promoted and/or listed by Users on our site and our display of such events, services or Products should not be construed as any form of endorsement thereof. All arrangements regarding such events, Products and services are to be made directly with the relevant User and are made at your own risk and we, our subsidiaries, officers and employees accept no liability regarding any event, service or product advertised, supplied or otherwise promoted on this site by any third party or any arrangements made in respect thereof, or otherwise incurred in connection with any such events, Products or services.

Baby Sense does not have any obligation to pre-screen, edit, or remove any Content provided by Users that is posted on or available through our Website. Notwithstanding the foregoing, Baby Sense 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 CONTENT AVAILABLE VIA OUR WEBSITE IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER BABY SENSE NOR ITS SUPPLIERS OR USERS ARE ENGAGED IN RENDERING MEDICAL, COUNSELING, LEGAL, PERSONAL OR OTHER PROFESSIONAL SERVICES OR ADVICE.

SUCH CONTENT IS INTENDED SOLELY AS A GENERAL EDUCATIONAL AID. IT IS NOT INTENDED AS MEDICAL OR HEALTHCARE ADVICE, OR TO BE USED FOR MEDICAL DIAGNOSIS OR TREATMENT, FOR ANY INDIVIDUAL PROBLEM. IT IS ALSO NOT INTENDED AS A SUBSTITUTE FOR PROFESSIONAL ADVICE AND SERVICES FROM A QUALIFIED HEALTHCARE PROVIDER FAMILIAR WITH YOUR UNIQUE FACTS. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER REGARDING ANY MEDICAL CONDITION AND BEFORE STARTING ANY NEW TREATMENT. IF YOU CHOOSE TO RELY ON SUCH CONTENT , YOU SO DO ENTIRELY AT YOUR OWN RISK AND YOU ACCEPT THAT WE WILL HAVE NO LOABILITY YOU IN THIS REGARD.

IT IS FURTHER RECORDED THAT THE DEPARTMENT OF HEALTH OF SOUTH AFRICA AND THE WORLD HEALTH ORGANISATION RECOMMEND EXCLUSIVE BREASTFEEDING UNTIL 6 MONTHS OF AGE. ANY ADVICE ON THE WEBTIE RELATING TO FEEDING MUST BE SEEEN IN THE CONTECT OF THIS RECOMMENDATION.

The operator(s) of this site, and the publisher, specifically disclaim all responsibility for any liability of whatsoever nature, loss or risk, personal or otherwise, which is incurred as a consequence, directly or indirectly of your access to, or use of our Website.

User submitted content

You are responsible for all Content that you submit, post, or otherwise make available to or through our Website. By doing so, you represent and warrant to Baby Sense that such content is not confidential and that you have all necessary permission to submit, post and otherwise make available such Content.

You acknowledge that the ownership in any intellectual property rights (including without limitation, copyright and patent rights) in the components and features of this site belongs to us, excluding any data, materials, comments, ideas, feedback or suggestions specifically submitted by Users, which will remain vested in such Users. You acknowledge that we also own any intellectual property rights in the compilations, collective works and derivative works created by us which may incorporate the Content of Users. Accordingly, no part of this site (including its source HTML code) may be used, transferred, copied or reproduced in whole or in part in any manner other than for the purposes of utilizing this site, meaning that you may only display it on your computer screen and print it out on your printer for the sole purpose of viewing its Content. Framing of the content on this site without our written consent is expressly prohibited. If you submit any Content to our website, you grant us an irrevocable, perpetual, worldwide and royalty-free license to use, compile, display, publish, publicly perform, reproduce, distribute, broadcast, lease, adapt, modify and promote such Content in any manner of form, which license will survive termination of any contractual arrangement between us.

User rights and responsibilities

Please bear in mind that all of the material you read in our community areas comes from other members. Because our community is very large, Baby Sense doesn’t monitor or verify the information posted by our members. The comments, opinions, and statements posted on our bulletin boards and chats reflect the views of the user who makes the post and don’t necessarily reflect the views of Baby Sense. The information posted on our boards and chats, including advice and opinions, are the responsibility of those members who create the posts. Posts from users may contain medical information that is incorrect or dangerous to you or your children. Please consult your doctor or other qualified professional before relying on information you find in the community areas. If you believe that you have an emergency of any kind, please contact your healthcare provider or your local emergency number for assistance.

BABY SENSE AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE CONTENT AVAILABLE VIA OUR WEBSITE, INCLUDING THE COMMUNITY AREAS. YOU MUST EVALUATE, AND BEAR ALL RISKS ASSOCIATED WITH, THE USE OF ANY CONTENT, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF CONTENT POSTED IN THE COMMUNITY AREAS.

THE CONTENT AVAILABLE IN THE COMMUNITY AREAS IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER BABY SENSE NOR ITS SUPPLIERS OR USERS ARE ENGAGED IN RENDERING MEDICAL, COUNSELING, LEGAL, OR OTHER PROFESSIONAL SERVICES OR ADVICE.

YOU SHOULD NOT UTILIZE SUCH CONTENT AS MEDICAL OR HEALTHCARE ADVICE, MEDICAL DIAGNOSIS, OR TREATMENT FOR ANY INDIVIDUAL PROBLEM. IT IS ALSO NOT INTENDED AS A SUBSTITUTE FOR PROFESSIONAL ADVICE AND SERVICES FROM A QUALIFIED HEALTHCARE PROVIDER FAMILIAR WITH YOUR UNIQUE FACTS. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER REGARDING ANY MEDICAL CONDITION.

IT IS FURTHER RECORDED THAT THE DEPARTMENT OF HEALTH OF SOUTH AFRICA AND THE WORLD HEALTH ORGANISATION RECOMMEND EXCLUSIVE BREASTFEEDING UNTIL 6 MONTHS OF AGE. ANY ADVICE ON THE WEBTIE RELATING TO FEEDING MUST BE SEEEN IN THE CONTECT OF THIS RECOMMENDATION.

Ownership and intellectual property rights

Ownership
This Website is owned by Baby Sense (PTY) LTD. All right to, title to, and interest in the Content available via our Website, our Website’s look and feel, the designs, trademarks, service marks, and trade names displayed on our Website, and our Website URLs, are the property of Baby Sense, and are protected by copyrights, trademarks, patents, or other proprietary rights and laws.

License to Use Content
Baby Sense grants you a non-exclusive, non-transferable, revocable, limited license to view, copy, print, and distribute Content retrieved from our Website only for your personal, non-commercial use, provided that you do not remove or obscure any copyright notice, trademark notice, or other proprietary rights notices displayed on or in conjunction with the Content. You may not use any Content available via our Website in any other manner or for any other purpose without the prior written permission of Baby Sense. All rights not expressly granted in this Agreement are expressly reserved to Baby Sense.

Trademark Notices
All trademarks, service marks, logos and designs used on this Website, whether registered or unregistered, are owned by Baby Sense or other third parties. You may only use the trademarks featured in our site for the purpose of displaying this site on your computer screen or printing out this site on your printer for the purpose of viewing same. Any other use of the trademarks without prior written consent is strictly prohibited.

your contact with advertisers, event sponsors or other third parties and other websites

We may use our Website or any of the services we provide or in any of the correspondence we send to you to run advertisements promoting Products and services we offer or any of its subsidiaries, or any person or corporation duly authorised by us to advertise or promote their product or services through us.

Your dealings with advertisers or other third parties found on or accessible through our Website are solely between you and the third party. These dealings include, but are not limited to, your participation in promotions, the payment for and delivery of items if any, and any terms, conditions, warranties, or representations associated with such dealings. These links are provided solely as a convenience to Users and should not be construed as an endorsement by Baby Sense  of content, items, or services on those third-party Websites. You access and use such sites, including the content, items, or services on those sites, solely at your own risk.

Baby Sense does not make any representations or warranties with respect to any content or privacy practices, or otherwise with respect to such third parties or any items or services that may be obtained from such third parties, and you agree that Baby Sense  will have no liability with respect to any loss or damage of any kind incurred as a result of any dealings between you and any third party, or as a result of the presence of such third parties on our Website.

Disclaimer of warranties with respect to our website

OUR WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. BABY SENSE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.

BABY SENSE DOES NOT MAKE ANY WARRANTY THAT OUR WEBSITE WILL MEET YOUR REQUIREMENTS, OR THAT ACCESS TO OUR WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. BABY SENSE MAKES NO WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR WEBSITE OR AS TO THE ACCURACY, QUALITY, OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH OUR WEBSITE.

Limitations of liability

BABY SENSE AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE CONTENT AVAILABLE VIA OUR WEBSITE. YOU MUST EVALUATE, AND BEAR ALL RISKS ASSOCIATED WITH, THE USE OF ANY CONTENT, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF SUCH CONTENT. YOU SPECIFICALLY ACKNOWLEDGE THAT BABYSENSE IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF USERS OR THIRD PARTIES.

ADDITIONALLY, IN NO EVENT WILL BABY SENSE OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, OR ANY OTHER SUCH DAMAGES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE RESULTING FROM (1) THE USE OF, OR THE INABILITY TO USE OUR WEBSITE; (2) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, ITEMS, OR WEBSITES; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR WEBSITE; OR (5) ANY OTHER MATTER RELATING TO OUR WEBSITE. THESE LIMITATIONS WILL APPLY WHETHER OR NOT BABY SENSE, OUR SUBSIDIAROES, OFFICERS OR EMPLOYEES WERE NEGLIGENT OR AWARE OF THE PROBLEM AND OR DAMAGES IN ADVANCE AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

Indemnification

You agree to indemnify and hold harmless Baby Sense, its directors, officers, employees, agents, and affiliates, from and against any and all liability, damages, losses, claims, expenses of any kind (including, without limitation, reasonable attorneys’ fees) directly or indirectly related to (1) your breach of the Agreement; or (2) the Content you submit, post, or transmit through our Website.

Electronic communications

When you visit our Website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. Baby Sense (PTY) LTD will communicate with you by e-mail or by posting notices on our Website. 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.

Contact policy

If you have any questions about the above, please contact us at Products.

Modification or suspension of our website

Baby Sense may at any time modify, discontinue, or suspend its operation of this Website, or any part thereof, temporarily or permanently, without notice to you.

Use and storage

We may establish general practices and limits concerning the use of our Website and the services we provide, including limits to the size or number of e-mail messages you send or the time that messages may be stored or posted on our Website. We are entitled to delete any material at any time and we will not be liable in any way for deleting or failing to store or post any material which you may transmit to us.

Termination

Either party may terminate the Agreement for any or no cause, at any time, which shall be effective immediately or as specified in a notice email. After termination, you shall no longer access our Website. The provisions of this Agreement which by their intent or meaning intended to survive such termination shall continue to apply indefinitely.

Severability of agreement

If any provision of the Agreement is found by a court or other binding authority to be invalid, you agree that every attempt shall be made to give effect to the parties’ intentions as reflected in that provision, and the remaining provisions contained in the Agreement shall continue in full force and effect.

Applicable law

This Agreement and the resolution of any dispute related to this Agreement or our Website shall be governed by and construed in accordance with the laws of South Africa without giving effect to any principles of conflicts of law. Any legal action or proceeding between Baby Sense and you related to the Agreement shall be brought exclusively in a the Magistrate’s Court in Cape Town, South Africa, and you agree to submit to the personal and exclusive jurisdiction of such courts, provided that we may, in our discretion, approach any Magistrate’s Court of competent jurisdiction over your person to adjudicate on any dispute arising from or in connection with these terms of use, and you consent thereto.

General

These terms of use and the terms incorporated herein by reference constitute the entire agreement between you and us with respect to this Website, the services offered here and any Products and services acquired through this site, and supersede any previous agreements, negotiations, representations, arrangements, undertaking or proposals whether written or oral concerning the subject matter hereof, save in respect of those made fraudulently.

You are not permitted to reproduce, sell or exploit for any commercial purpose any part of our Website or our services.

Our failure to enforce any provision of this agreement will not be construed as a waiver of any provision or right. In the event that a portion of this agreement is held unenforceable or invalid by any competent authority, the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, failing which it will be severed from the remainder of the provisions which will remain of full force and effect to the maximum extent permitted by law.

You will not have the right to subcontract, cede, delegate, transfer and assign any of your rights, obligations or duties hereunder to any other person and/or entity without our prior written consent. We will have the right to cede, delegate, transfer and assign our rights, obligations and duties hereunder to any person and/or entity, and you hereby consent to such cession, delegation, assignment and transfer.

We will be excused any failure to perform or delay in performance of any or all of our obligations hereunder as a result of an event of force majeure, including without limitation acts of God (including flood, fire, earthquake or other similar events), riots, war, strikes, lock-outs or other industrial disputes, epidemics, failure of telecommunications systems, failure of the world wide web, any outages of the internet or connection or communications thereto, governmental restraints and act(s) of legislature or any other cause outside our reasonable control.

Data and certain other information you provide is subject to the terms of our Privacy Policy which can be accessed by clicking on the privacy statement section of our site.

If any of these terms and conditions is found to be invalid then that provision shall not affect the validity of the remaining provisions which shall remain fully enforceable.

Our Website has been in existence since 2005. Information has been posted from that time until the present and every effort is made to ensure all information is relevant and based on empirical research. As trends and legislations have changed over time, advice dispensed to parents changes. We believe that the advice on the site is responsible but it is important to note that it does not take the place of advice from your medical practitioner.

The World Health Organisation, together with the Department of Health of South Africa recommend exclusive breast-feeding until 6 months of age.  Any advice on our Website relating to feeding must be seen in the context of this recommendation.