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IMPORTANT - Read this entire Agreement carefully
These are the GENERAL TERMS & CONDITIONS governing your use of the Baby Mania website and our services.
1. Introduction
Welcome to the www.babymania.co.za web site. This web site, and the information, content and services it makes available (which, collectively are referred to as the "Web Site"), is provided to you by Awesomehosting with its principal offices in South Africa ("Babymania" or "We"). These Terms of Use (this "Agreement") sets forth the terms and conditions governing your use of this Web Site. By accessing or using this Web Site you accept and agree to be legally bound by this Agreement, as they may be amended or supplemented from time to time.
2. Modifications to this Agreement
Babymania may make changes to this Agreement from time to time in its sole discretion, by updating this posting on this Web Site, and specifying the effective date of the new version of the Agreement. Your continued use of the Web Site following the posting of a new version of the Agreement constitutes your acceptance of any such changes. Accordingly, whenever you visit this Web Site you should check to see if a new version of the Agreement has been posted.
3. Contact Information
If you have any questions or concerns with respect to this Agreement or the Web Site you may contact a representative of Baby Mania by e-mail at
This e-mail address is being protected from spambots. You need JavaScript enabled to view it
or mail P.O.Box 41274 Craighall 2024
4. Web Site Intended Audience
This Web Site is operated by Babymania from its offices in the South Africa. This Web Site is directed to adults in the South Africa and is not intended for children under the age of 13.
5. Privacy
The information that we obtain through your use of the Web Site, whether collected through the registration process, submitted by you in posts to the Web Site, or otherwise, is subject to our Privacy Policy. That Privacy Policy addresses our collection and use of the data you provide to us, including your rights relative to that information. Please review the Privacy Policy before you use the Web Site. If you are unwilling to accept the terms and conditions of the Privacy Policy, you must not use the Web Site.
It is further noted that no member and posts will be deleted from the site as their posts make up an intregal part of the site. A user may however be banned or suspended and offending posts removed. This is done at the sole discretion of the admin of the site.
6. 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 the Web Site. Some of the Content is provided by Babymania or its suppliers, and other Content is provided by persons who use the Web Site ("Users"), such as User opinions and views provided via posts to chat rooms, bulletin boards, or discussion forums. While Babymania strives to keep the Content that it posts on the Web Site accurate, complete, and up-to-date, Babymania cannot guarantee, and is not responsible for, the accuracy, completeness, or timeliness of any Content, whether provided by Babymania or its suppliers, or by Users of the Web Site.
THE CONTENT AVAILABLE VIA THE WEB SITE IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER BABYMANIA NOR ITS SUPPLIERS OR USERS ARE ENGAGED IN RENDERING MEDICAL, COUNSELING, LEGAL, 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.
YOUR USE OF THE WEB SITE IS ALSO SUBJECT TO THE ADDITIONAL DISCLAIMERS AND CAVEATS IN THIS AGREEMENT AND THAT MAY APPEAR THROUGHOUT THE WEB SITE.
7. No Obligation to Prescreen User Content
Babymania does not have any obligation to prescreen, edit, or remove any Content provided by Users that is posted on or available through the Web Site. However, Babymania will have the right (but not the obligation), in its sole discretion and for any reason, to prescreen, edit, refuse to accept, remove, or move any such Content.
8. User-Submitted Content
Representations Made and Rights Granted
You are responsible for all Content that you submit, post, or otherwise make available to or through the Web Site. By doing so, you (1) represent and warrant to Babymania that such content is not confidential and that you have all necessary permission to submit, post and otherwise make available such Content; (2) grant to Babymania and its affiliates a worldwide, nonexclusive, perpetual, fully sub-licensable, royalty-free right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute (including, without limitation, making available on-line, electronically transmitting or otherwise communicating to the public), perform, and display such Content (in whole or part) worldwide via the Web Site or otherwise, and/or to incorporate it in other works in any form, media, or technology now known or later developed; and (3) consent to all relevant acts or omissions in relation to your moral rights in such Content which may or might otherwise constitute a breach or infringement of those moral rights and to the extent permitted by law, waive all your moral rights in such Content.
Restrictions on Submissions
You agree that you will not submit, post, or otherwise make available to or through the Web Site any Content, that:
- is unlawful, harassing, defamatory, abusive, threatening, obscene, harmful, tortious, libelous, or invasive of another's privacy;
- infringes or violates any party's copyright, trademark, trade secret, patent, or other proprietary right;
- contains any worms, viruses, or other harmful, disruptive, or destructive files, code, or programs;
- includes any unauthorized advertising, promotional materials, chain letters, spam, junk mail, or any other type of unsolicited mass e-mail to people or entities that have not agreed to be part of such mailings; or
- you do not have the right to submit, post, disseminate, or transmit.
Details regarding our use of personally identifiable information included in User submitted Content are set out in our Privacy Policy.
Complaints About Content
If you wish to bring to our attention any unlawful activity associated with any Content posted by another User or otherwise available on the Web Site, you must do so in accordance with our "Notice and Procedure for Making Complaints Regarding Content" as described below and we will address it in accordance with the procedures set forth there.
9. Compliance With Laws
You agree to comply with all laws applicable to your use of the Web Site. You also agree that you will not use the Web Site in any way to:
- impersonate any person or entity; falsely state or otherwise misrepresent your affiliation with any person or entity; intentionally omit, delete, forge, or misrepresent transmission information, including headers, return mailing, and Internet protocol addresses; or otherwise manipulate identifiers to disguise the origin of any Content that you submit or transmit through the Web Site;
- disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other Users' ability to engage in real-time exchanges;
- interfere with, disrupt, or harm in any way the Web Site or servers or networks connected to the Web Site;
- electronically stalk or otherwise harass another User;
- engage in any activities that would violate the personal privacy rights of others, including but not limited to collecting and distributing information about other Users without their permission, except as permitted by applicable law; or
- use the Web Site in violation of any applicable laws or regulations, or any rules or guidelines established by Babymania.
10. Ownership and Intellectual Property Rights
This Web Site is owned by Babymania. All right to, title to, and interest in the Content available via the Web Site, the Web Site's look and feel, the designs, trademarks, service marks, and trade names displayed on the Web Site, and the Web Site URLs, are the property of Babymania or its licensors, and are protected by copyrights, trademarks, patents, or other proprietary rights and laws.
License to Use Content
Babymania grants you a nonexclusive, nontransferable, revocable, limited license to view, copy, print, and distribute Content retrieved from the Web Site only for your personal, noncommercial 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 the Web Site in any other manner or for any other purpose without the prior written permission of Babymania. All rights not expressly granted in this Agreement are expressly reserved to Babymania.
Trademark Notices
All trademarks, service marks, logos and designs used on this Web Site, whether registered or unregistered, are owned by Babymania or other third parties. You may not use or display any trademarks, service marks, logos or designs owned by Babymania or its affiliates without our prior written consent.
11. Your Contact With Advertisers or Other Third Parties
Your dealings with advertisers or other third parties found on or accessible through the Web Site 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.
Babymania does not make any representations or warranties with respect to any items or services that may be obtained from such third parties, and you agree that Babymania 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 the Web Site.
12. Other Web Sites
Links to Other Web Sites
The Web Site, or third parties on the Web Site, may provide links to other sites and/or resources, including advertisers, over which Babymania has no control. These links are provided solely as a convenience to Users and should not be construed as an endorsement by Babymania of content, items, or services on those third-party Web sites. You access and use such sites, including the content, items, or services on those sites, solely at your own risk. Babymania makes no representations or warranties with respect to the content, personal information collection practices, ownership, or legality of any such linked Web sites. You agree that Babymania has no responsibility or liability for the availability of such external sites or resources, or for the Content, advertising, products, or other materials available through such sites or resources.
13. Disclaimer of Warranties With Respect to Web Site
THE WEB SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. BABYMANIA 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.
BABYMANIA DOES NOT MAKE ANY WARRANTY THAT THE WEB SITE WILL MEET YOUR REQUIREMENTS, OR THAT ACCESS TO THE WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. BABYMANIA MAKES NO WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEB SITE OR AS TO THE ACCURACY, QUALITY, OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE WEB SITE.
ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEB SITE IS USED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT.
14. Limitations of Liability
BABYMANIA 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 THE WEB SITE. 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.
ADDITIONALLY, IN NO EVENT WILL BABYMANIA 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 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, THE WEB SITE; (2) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, ITEMS, OR WEB SITES; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEB SITE; OR (5) ANY OTHER MATTER RELATING TO THE WEB SITE. THESE LIMITATIONS WILL APPLY WHETHER OR NOT BABYMANIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
15. Indemnification
You agree to indemnify and hold harmless Babymania, 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 the Web Site.
16. Notice and Procedure for Making Complaints Regarding Content
If you believe that any specific Content available on the Web Site either infringes your rights (including without limitation any intellectual property rights), or is otherwise unlawful, and you would like to file a complaint with us please click contact us.
17. Modification or Suspension of the Web Site
Babymania may at any time modify, discontinue, or suspend its operation of this Web Site, or any part thereof, temporarily or permanently, without notice to you.
18. Termination of Your Access
Babymania may at any time terminate your use of the Web Site, or any part thereof, and may remove or delete any or all of your Content within the Web Site, without prior notice to you, for any reason that Babymania, in its sole discretion, deems appropriate.
19. 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.
20. Applicable Law
This Agreement and the resolution of any dispute related to this Agreement or the Web Site 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 Babymania and you related to the Agreement shall be brought exclusively in a court of competent jurisdiction sitting in South Africa, and you agree to submit to the personal and exclusive jurisdiction of such courts.
20. Newsletter subscription
By becoming a member on Babymania.co.za you agree to recieve our newsletters and info via email which will be sent out no more than 2 times in a 30 day period. |
