TERMS OF SERVICE AGREEMENT
LAST REVISION: 1st November, 2019
PLEASE READ THE TERMS OF THIS SERVICE AGREEMENT CAREFULLY. BY USING THIS WEBSITE OR ORDERING PRODUCTS FROM THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
This Terms of Service Agreement (the "Agreement") governs your use of this website, www.babygagaonline.com (the "Website"), hosted by Integriti Knowledge Resources Pvt. Ltd. (herein referred to as "Baby GaGa") offers products for purchase on this Website. This Agreement includes, and incorporates by this reference, the policies and guidelines referenced below. Baby GaGa reserves the right to change or revise the terms and conditions of this Agreement at any time by posting any changes or a revised Agreement on this Website. Baby GaGa will alert you that changes or revisions have been made by indicating on the top of this Agreement the date it was last revised. The changed or revised Agreement will be effective immediately after it is posted on this Website. Your use of the Website following the posting any such changes or of a revised Agreement will constitute your acceptance of any such changes or revisions. Baby GaGa encourages you to review this Agreement whenever you visit the Website to make sure that you understand the terms and conditions governing use of the Website. This Agreement does not alter in any way the terms or conditions of any other written agreement you may have with Baby GaGa for other products or services. If you do not agree to this Agreement (including any referenced policies or guidelines), please immediately terminate your use of the Website.
Terms of Offer: This Website offers products for sale (the "Products"). By placing an order for Products through this Website, you agree to the terms set forth in this Agreement.
Customer Solicitation: Unless you directly notify our Baby GaGa call center representatives of your desire to opt out from further direct company communications and solicitations, you are agreeing to continue to receive further emails and call solicitations Baby GaGa and its designated in house team.
Proprietary Rights: Baby GaGa has proprietary rights and trade secrets in the Products. You may not copy, reproduce, resell or redistribute any Product manufactured and/or distributed by Baby GaGa. Baby GaGa also has rights to all trademarks and trade dress and specific layouts of this webpage, including calls to action, text placement, images and other information.
GST: GST is included in the price of your product purchased from Baby GaGa.
Content, Intellectual Property, Third Party Links: This Website also offers information, both directly and through indirect links to third-party websites, about baby home furniture and furnishings, apparel and accessories. Baby GaGa does not always create the information offered on this Website; instead the information is often gathered from other sources. To the extent that Baby GaGa does create the content on this Website, intellectual property laws of the India, foreign nations, and international bodies protect such content. Unauthorized use of the material may violate copyright, trademark, and/or other laws. You acknowledge that your use of the content on this Website is for personal, noncommercial use. Any links to third-party websites are provided solely as a convenience to you. Baby GaGa does not endorse the contents on any such third-party websites. Baby GaGa is not responsible for the content of or any damage that may result from your access to or reliance on these third-party websites. If you link to third-party websites, you do so at your own risk.
The website, texts, graphics, UI, visual interfaces, images, sounds and music, codes on the website is owned and controlled by Baby GaGa and the design, structure, selection, coordination, expression, look-and-feel and arrangement of such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights.
The trademarks, logos and service marks displayed on the Website are the property of Baby GaGa. You are not permitted to use these Marks without the prior consent of Baby GaGa.
Baby GaGa owns all intellectual property rights to the trademark "Baby GaGa – Luxe Nursery Boutique” and variants thereof, and the domain name ‘ www.babygagaonline.com ‘, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, trade secrets and inventions (patent pending), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks.
Except as expressly provided herein, You acknowledge and agree that You shall not copy, republish, post, display, translate, transmit, reproduce or distribute any Content through any medium without obtaining the necessary authorization from Baby GaGa.
Use of Website: Baby GaGa is not responsible for any damages resulting from use of this website by anyone. You will not use the Website for illegal purposes. You will (1) abide by all applicable local, state, national, and international laws and regulations in your use of the Website (including laws regarding intellectual property), (2) not interfere with or disrupt the use and enjoyment of the Website by other users, (3) not resell material on the Website, (4) not engage, directly or indirectly, in transmission of "spam", chain letters, junk mail or any other type of unsolicited communication, and (5) not defame, harass, abuse, or disrupt other users of the Website.
License: By using this Website, you are granted a limited, non-exclusive, non-transferable right to use the content and materials on the Website in connection with your normal, noncommercial, use of the Website. You may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express written authorization from Baby GaGa or the applicable third party (if third party content is at issue).
Posting: By posting, storing, or transmitting any content on the Website, you hereby grant Baby GaGa a perpetual, worldwide, non-exclusive, royalty-free, assignable, right and license to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit and assign such content in any form, in all media now known or hereinafter created, anywhere in the world. Baby GaGa does not have the ability to control the nature of the user-generated content offered through the Website. You are solely responsible for your interactions with other users of the Website and any content you post. Baby GaGa is not liable for any damage or harm resulting from any posts by or interactions between users. Baby GaGa reserves the right, but has no obligation, to monitor interactions between and among users of the Website and to remove any content Baby GaGa deems objectionable, as per their sole discretion.
III. DISCLAIMER OF WARRANTIES
We make sure that all the information posted on the website is correct, however, Baby GaGa never warrants the accuracy, quality and completeness of data, product, and services.
Baby GaGa shall not be liable for any direct, indirect, incidental or consequential damages caused by:
a. The use or inability of use of services;
b. Unauthorized access to the user's data; and
c. Any matter is related to the services.
Baby GaGa shall not be liable for delay or inability to use of the website or services, or any information, software and graphics acquired through the website. Further, we are not responsible for non- availability of the website during periodic maintenance or accidental suspension caused due to technical reasons.
You acknowledge that data obtained from the website is done entirely through your own understanding. Thus you agree that you will be responsible for any damage and loss caused to your computer with such data.
IV. LIMITATION OF LIABILITY
BABY GAGA’s ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY, IN LAW, IN EQUITY, OR OTHWERWISE, WITH RESPECT TO THE WEBSITE CONTENT AND PRODUCTS AND/OR FOR ANY BREACH OF THIS AGREEMENT IS SOLELY LIMITED TO THE AMOUNT YOU PAID, LESS SHIPPING AND HANDLING, FOR PRODUCTS PURCHASED VIA THE WEBSITE.
BABY GAGA WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR THE PRODUCTS IN ANY MANNER, INCLUDING LIABILITIES RESULTING FROM (1) THE USE OR THE INABILITY TO USE THE WEBSITE CONTENT OR PRODUCTS; (2) THE COST OF PROCURING SUBSTITUTE PRODUCTS OR CONTENT; (3) ANY PRODUCTS PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE; OR (4) ANY LOST PROFITS YOU ALLEGE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You will release, indemnify, defend and hold harmless Baby GaGa, and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys' fees and expenses, of third parties relating to or arising out of (1) this Agreement or the breach of your warranties, representations and obligations under this Agreement; (2) the Website content or your use of the Website content; (3) the Products or your use of the Products (including Trial Products); (4) any intellectual property or other proprietary right of any person or entity; (5) your violation of any provision of this Agreement; or (6) any information or data you supplied to Baby GaGa. When Baby GaGa is threatened with suit or sued by a third party, Baby GaGa may seek written assurances from you concerning your promise to indemnify Baby GaGa; your failure to provide such assurances may be considered by Baby GaGa to be a material breach of this Agreement. Baby GaGa will have the right to participate in any defense by you of a third-party claim related to your use of any of the Website content or Products, with counsel of Baby GaGa choice at its expense. Baby GaGa will reasonably cooperate in any defense by you of a third-party claim at your request and expense. You will have sole responsibility to defend Baby GaGa against any claim, but you must receive Baby GaGa prior written consent regarding any related settlement. The terms of this provision will survive any termination or cancellation of this Agreement or your use of the Website or Products.
VI. AGREEMENT TO BE BOUND
By using this Website or ordering Products, you acknowledge that you have read and agree to be bound by this Agreement and all terms and conditions on this Website.
Force Majeure: Baby GaGa will not be deemed in default hereunder or held responsible for any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott.
Cessation of Operation: Baby GaGa may at any time, in its sole discretion and without advance notice to you, cease operation of the Website and distribution of the Products.
Entire Agreement: This Agreement comprises the entire agreement between you and Baby GaGa and supersedes any prior agreements pertaining to the subject matter contained herein.
Effect of Waiver: The failure of Baby GaGa to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
Governing Law; Jurisdiction: This Website originates from the city of New Delhi, Delhi. This Agreement will be governed by the laws of the UT of Delhi without regard to its conflict of law principles to the contrary. Neither you nor Baby GaGa will commence or prosecute any suit, proceeding or claim to enforce the provisions of this Agreement, to recover damages for breach of or default of this Agreement, or otherwise arising under or by reason of this Agreement, other than in courts located in UT of Delhi. By using this Website or ordering Products, you consent to the jurisdiction and venue of such courts in connection with any action, suit, proceeding or claim arising under or by reason of this Agreement. You hereby waive any right to trial by jury arising out of this Agreement and any related documents.
Statute of Limitation: You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or Products or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Waiver of Class Action Rights: BY ENTERING INTO THIS AGREEMENT, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHER IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTION WITH THIS AGREEMENT MUST BE ASSERTED INDIVIDUALLY.
Termination: Baby GaGa reserves the right to terminate your access to the Website if it reasonably believes, in its sole discretion, that you have breached any of the terms and conditions of this Agreement. Following termination, you will not be permitted to use the Website and Baby GaGa may, in its sole discretion and without advance notice to you, cancel any outstanding orders for Products. If your access to the Website is terminated, Baby GaGa reserves the right to exercise whatever means it deems necessary to prevent unauthorized access of the Website. This Agreement will survive indefinitely unless and until Baby GaGa chooses, in its sole discretion and without advance to you, to terminate it.
Domestic Use: Users who access the Website from outside India do so at their own risk and initiative and must bear all responsibility for compliance with any applicable local laws.
Assignment: You may not assign your rights and obligations under this Agreement to anyone. Baby GaGa may assign its rights and obligations under this Agreement in its sole discretion and without advance notice to you.
BY USING THIS WEBSITE OR ORDERING PRODUCTS FROM THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.