babyE TERMS AND CONDITIONS
Your Acceptance of this Legally Binding Agreement
IMPORTANT: BY USING OR ACCESSING THE BABYE WEB SITE AND THE INFORMATION, YOU AGREE TO BE LEGALLY BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.
If you do not agree with the terms and conditions of this Agreement, do not use or access the babyE.ca and shop.babyE.ca web site or information, products or services provided therein. This Agreement is between you (“You”) and babyE and is effective at the date of your first use or access of the babyE.ca web site.
You further agree that babyE may change, alter, amend or replace all or any part of this Agreement at any time, that such changes, alterations, amendments or replacements shall be effective as of the time of posting. If you do not agree with the changed, altered, amended or replaced Agreement, do not use or access the babyE.ca web site or information, material, products or services provided therein. Continued use after the time of posting changes will constitute acceptance of the changed, altered, amended or replaced Agreement.
Ownership of Content and Intellectual Property Protection
You acknowledge and agree that any and all information, material, products and services, including data, databases, graphics, text, files, interfaces, web pages, product names and logos contained on the babyE.ca and shop.babyE.ca web site (collectively the “Content”), including the manner in which the Content is presented or appears and all information relating thereto, are the property of babyE.
Content on the babyE.ca and shop.babyE.ca web site is protected under patent, copyright, trademark, proprietary or other intellectual property laws of Canada, the United States and other applicable jurisdictions, and any unauthorized use of such Content may violate such laws or this Agreement.
Disclaimer of Warranties
All Content is provided “as is” without any warranties of any kind. You understand and agree that the use of the Content is at your sole risk.
We at babyE make every effort to guarantee availability and price of all items for the calendar year, however, unforeseen circumstances may warrant modifications at any time. Due to dye lot variations and component availability, minor substitutions may be required. All lengths and sizes noted are approximate and may vary slightly. Colours vary slightly due to the manufacturing process specific to each product. Although it is impossible to achieve an exact colour match for every item, small variations in colour may occur. Products seen on the online website do not always represent an identical colour match. Colour reproduction is limited by various situations beyond our control such as the hue/contrast settings on your monitor. All prices are subject to change without prior notification.
BABYE MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT WILL BE SATISFACTORY TO YOUR NEEDS, MEET YOUR EXPECTATIONS, OR BE UNINTERRUPTED, TIMELY, ACCURATE, SECURE OR FREE FROM ERRORS.
Limitation of Liability
babyE assumes no responsibility to you or any third party for the consequences of any inaccuracy, error or omission on the web site, regardless of cause.
BABYE OR ITS EMPLOYEES, SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGE OR LOSS OF ANY KIND ARISING OUT OF OR RELATING TO THE USE OF, OR THE INABILITY TO USE, THE BABYE.CA OR SHOP.BABYE.CA WEB SITE OR ANY CONTENT PROVIDED THEREIN, OR ARISING OUT OF OR RELATING TO THE USE OF ANY WEB SITE LINKED HERETO, INCLUDING, BUT NOT LIMITED TO, ANY LOST PROFITS, LOST OPPORTUNITIES, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, AGGRAVATED, ECONOMIC OR CONSEQUENTIAL DAMAGE, EVEN IF BABYE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS OR OF A CLAIM BY ANOTHER PARTY.
ALTHOUGH BABYE TAKES PRECAUTIONS TO PROTECT PERSONAL AND CONFIDENTIAL INFORMATION, THERE IS NO GUARANTEE, AND BABYE MAKES NO REPRESENTATION OR WARRANTY, THAT PERSONAL AND CONFIDENTIAL INFORMATION TRANSMITTED TO OR FROM OR STORED ON THE BABYE.CA OR SHOP.BABYE.CA WEB SITE, OR TRANSMITTED OVER THE INTERNET GENERALLY, WILL BE MAINTAINED CONFIDENTIAL AND SECURE. BABYE ASSUMES NO LIABILITY OR RESPONSIBILITY PERTAINING TO THE RECEIPT, STORAGE, TRANSMISSION OR OTHER USE OF PERSONAL OR CONFIDENTIAL INFORMATION PROVIDED BY YOU TO BABYE, UNLESS OTHERWISE PROVIDED IN A WRITTEN AGREEMENT BETWEEN YOU AND BABYE.
You agree to indemnify, defend, and hold babyE, or their respective employees, harmless against any and all actions, claims, costs, damages, demands, liabilities, proceedings, expenses or loss of any kind (including legal and other fees and disbursements) sustained, incurred or paid by babyE arising out of the access to or use of the babyE.ca or shop.babyE.ca web site or any Content (including Products and services and Third party Content) contained in or on the web site. You further acknowledge that Third Party Content is provided by third parties and that babyE cannot control such content.
You acknowledge and agree that you are fully responsible for maintaining the confidentiality of your account information, including your account number, account name, and/or password, if applicable. You acknowledge and agree that you are responsible for damages and repercussions resulting from all uses of your account, whether actually or expressly authorized by you. If you suspect you are being impersonated, contact customerservice@babyE.ca immediately.
Amendments to the Web Site
You agree and acknowledge that babyE may modify any or all of the babyE.ca or shop.babyE,ca web site at any time and that the web site, including without limitation any sites associated thereto, may periodically be unavailable to you in order to allow for maintenance and updates.
You agree that you will not attempt to enter restricted areas of babyE’s computer system or perform functions that you are not authorized to perform pursuant to this Agreement. babyE may, without notice, temporarily or permanently suspend your access to the web site and the Content by deactivating your account or password if babyE reasonably suspects that you are using the account or password to obtain unauthorized access to babyE other systems or information, or are using the account or password in any other inappropriate manner. These suspensions will be for a period of time necessary to permit the thorough investigation of such suspended activity. babyE may terminate this Agreement immediately without notice if it is determined that you have undertaken such unauthorized activity or if such unusual activity cannot be reasonably explained.
Termination of this Agreement
This Agreement is effective until terminated by babyE, in its sole and absolute discretion. babyE may terminate this Agreement without notice to you and will do so if you use or attempt to use the web site or the Content therein in any manner contrary to the terms of this Agreement.
The Ownership of Content and Intellectual Property Protection, Disclaimer of Warranties, Limitation of Liability, Indemnification, and Termination provisions of this Agreement shall survive the termination or expiry of this Agreement.
If you are interested in reproducing any Site Content, you will need our written permission, which we may approve or deny in our sole discretion. Please contact us with your request. Email: customerservice@babyE.ca Phone: (403) 504-7585
Linking to our Site If you are interested in linking to our Site from your site, please e-mail your request to helle@babyE.ca .