TERMS OF SERVICE FOR BABYDECO LIMITED WEBSITE

Please review the following Terms of Service carefully before using this web site. You should also read the babydeco Limited Privacy Policy.

INTRODUCTION

This website is owned and operated by babydeco Limited (“babydeco“).These terms of service govern your use of this website (“Website“) produced by babydeco

Please read these terms of service carefully babydeco requires its users to abide by certain rules. Your use of the Website will constitute your agreement to comply with these terms of service.

If you do not agree with these terms of service, please do not use the Website.

We reserve the right to change the contents of this Website, including these Conditions of Use at any time without notice, by posting such changes on the Website.  It is your responsibility to familiarise yourself with the Conditions of Use to ensure that you are aware of any changes.  Your use of this Website following the posting of any such changes will constitute your acceptance of the revised Conditions of Use.

PERMISSION TO USE PHOTOGRAPHS

In return for the photograph appearing on www.babydeco.co.uk, I confirm that: I hereby grant babydeco permission to use the Photograph throughout the world for any commercial or non-commercial purposes connected with babydeco including but not limited to publishing the photograph on its website (www.babydeco.co.uk), (“To display information on where clothing items where purchased and potentially used in promotion/advertising campaigns as well as shared with third parties “), in such format as babydeco.co.uk , in its sole discretion, deems appropriate; I hereby grant Babydeco.co.uk permission to publish on its website the additional information that I have provided for such purposes as babydeco, in its sole discretion, deems appropriate; and I do not object Babydeco.co.uk storing copies of the Photograph for the Specified Purposes or to it storing my contact details on its database.

Babydeco may share the information provided by you with selected third parties for marketing purposes.  Such third parties may contact you by post, telephone or email with offers of goods and/or services that may be of interest to you.  By providing us with your email address you consent to being contacted by such methods for such purposes. This agreement shall be governed by and construed in accordance with the laws of England and Wales and the parties hereby submit to the exclusive jurisdiction of the English courts.

SPECIFIC TERMS RELATING TO THE PURCHASE OF A PRODUCT

When we advertise a product for sale, (for example, if you have used our search capabilities to search for a product or if we have featured a product in Buy the Look), we are not offering to sell that product. Instead, we are inviting you to make an offer to buy the product from the third party supplier who is advertising that product on our site. In this respect babydeco operates to an agency model. This means that we act as a disclosed agent for third party suppliers, such as the retailer. Much like an estate agent, we also act as your agent and we are responsible to you for the proper performance of those agency services. These terms form the contractual basis of that agency service.

However, what that also means is that the final contract for the product itself will be between you and that supplier. Not between you and us. There is a difference between the agency services we provide (which involves the service of searching for the products) and the actual purchase of the product. Although you don’t pay us (we get paid by receiving commission from our suppliers) the price you will pay will, in nearly all cases, be the same as if you went to the suppliers direct.

In most cases this will mean that there are additional terms and conditions governing the contract for the purchase of the product as each supplier will have bespoke terms and conditions relating to the sale of its product. These will include terms relating to payment, delivery, returns etc.

Please make sure that you have read these terms and conditions before completing your transaction. All relevant terms and conditions will be available to you on the suppliers’ site through to which you will link once you a ready to buy.

As we act as agent this will mean that we have no contractual liability to you in respect of the purchase of a product. If there is a problem with the product then typically your contractual remedy will be against the supplier, not us. However, we may still be liable to you if we have been in breach of our agency services agreement (these terms), have been negligent, we have misrepresented important information or have been in breach of any other relevant law.

RIGHTS AND RESTRICTIONS

Babydeco.co and its licensors retain all rights, title and interest to this Website and its content, including all designs, text, graphics, photographs, illustrations, images, graphic materials, button icons, data compilations and software used in connection with this Website. The trademarks, logos and service marks displayed on this Website (“Marks”) are the property of Babydeco.co or its licensors.  You are not permitted to use these Marks without the prior written consent of Babydeco.co or such third parties which may own the Marks.This Website is protected by intellectual property laws and your use of this Website is strictly subject to the following conditions.

USE OF THE WEBSITE

You may copy materials published on this Website solely for your own personal information and non-commercial use.  You may not modify, distribute, publish, transmit, reproduce, store or create derivative works of any material or content on this Website.

You may not:

• Interfere with or disrupt any network or website connected to this Website or gain unauthorised access to any computer systems;
• Interfere with the enjoyment or use of the Website by any other person;
• Use this Website or the content on this Website for any purpose which is unlawful;
• Use any meta tags or any other “hidden text” which uses any names, logos or trademarks displayed on this Website.

USER SUBMITTED CONTENT

If you send or otherwise submit any text, images or other materials, information or content (“Content”) to this Website, by doing so you grant Babydeco.co the right to store all such Content and present it for public access and/or viewing on the Website and in any related promotional materials, without payment.  It is your responsibility to ensure that you have obtained all necessary permissions, licences and/or consents in order to enable Babydeco.co to use the Content as provided in these Conditions of Use.  If you fail to do so, you may be infringing the rights of the persons who owns the Content.

The copyright of any images or other material within the Content remains with the respective photographer or creator.

You will at all times indemnify Babydeco.co and keep Babydeco.co indemnified against all losses, damages, costs or expenses and other liabilities (including legal fees) incurred by, awarded against or agreed to be paid by Babydeco.co arising from any claim of infringement or alleged infringement (including the defence of such infringement or alleged infringement) of any intellectual property rights arising as a result of Content submitted to www.babydeco.co.uk by you.

In providing Content to Babydeco.co, you agree to adhere to the commenting rules set out in Appendix 1and failure to comply with such rules may result in you being prohibited from submitting Content, as well as the removal of the offending Content.

WARRANTIES & LIABILITY

Whilst we make every effort to ensure the Website is available and secure, given the nature of the Internet, we do not warrant or guarantee this will always be the case.

Whilst we take every care to ensure that the information on this Website is accurate and complete, some of it may be supplied to us by third parties and we are unable to check its accuracy or completeness.  You are advised to verify the accuracy of any information before relying on it.

The Website is provided on an “as is” basis. babydeco does not warrant that the Website will be uninterrupted or error free, nor does it warrant that the Website will be free of viruses or other harmful components.

Save as precluded by law, babydeco shall not be liable to you or any person for any loss or damage which may arise from the use or misuse of this Website or any of the materials on the Website.  babydeco accepts no liability whatsoever under contract, tort or otherwise for any indirect, incidental, special, punitive or consequential loss, damage or expenses (including without limitation any loss of revenue, profits, contracts, anticipated savings, wasted expenditure, data or goodwill).

Nothing in these Conditions of Use excludes the babydeco’ liability to you for personal injury or death caused by our negligence.

THRID PARTY SITES

The Website may include links to third party web sites (“Third Party Sites”) from time to time.  babydeco will not be responsible for the availability, content, information, security or for any products or services available from such Third Party Sites.  You should always check the terms and conditions and privacy statements of those Third Party Sites.

LINKS

Any third party web site that links to this web site must not: – create a frame or any other browser or border environment around the content of this site; – imply that Shop Pulse is endorsing it or its products or services; – infringe any intellectual property or other right of any person; – be a web site that contains content that could be construed as distasteful, offensive or controversial.

babydeco expressly reserves the right to request that any link in breach of these terms be removed and to take whatever other action it deems appropriate.

COMPETITIONS AND PRIZES

From time to time Babydeco will run competitions, free prize draws and promotions on this website. These are subject to additional terms that will be made available at the time.

EDITING AND DELETIONS

Babydeco reserves the right to post, from time to time, additional terms and conditions that apply to specific parts of the Website. Such additional terms and conditions will be posted in the relevant parts of the Website, and will be clearly identified. Your use of the Website constitutes your agreement to comply with these additional terms and conditions.

MISCELLANEOUS

INVALIDITY

If any of the terms of these Conditions of Use are deemed invalid, void or unenforceable for any reason, they will be severed from the rest of these Conditions of Use which shall remain unaffected.

WAIVER

If you breach these Conditions of Use and we take no action we will still be entitled to use our rights and remedies in other situations where you are in breach.

CHOICE OF LAW AND JURISDICATION

These terms and conditions shall be governed by and construed in accordance with English law. You also agree, subject to the following clause, to submit to the exclusive jurisdiction of the English courts as regards any claim or matter arising under these terms and conditions.

For the exclusive benefit of Babydeco, Babydeco shall retain the right to bring proceedings as to the substance of the matter in the courts of the country of your residence.

COPYRIGHT COMPLAINTS

Babydeco respects the intellectual property of others, and we ask our users to do the same. Babydeco may, in appropriate circumstances and at its discretion, terminate the access of users, subscribers and account holders who infringe the copyright rights of others.

If you believe that your work has been copied and is accessible on Babydeco’s web site in a way that constitutes copyright infringement, or that the web site contains links or other references to another online location that contains material or activity that infringes your copyright, please contact Babydeco (info@babydeco.uk)

ADDITIONAL RULES

You acknowledge that you are using the service at your own risk. The service is provided “as is,” and to the extent permitted by applicable law, Babydeco and its affiliates hereby expressly disclaim any and all warranties, express and implied, including but not limited to any warranties of accuracy, reliability, title, merchantability, non-infringement, fitness for a particular purpose or any other warranty, condition, guarantee or representation, whether oral, in writing or in electronic form, including but not limited to the accuracy or completeness of any information contained therein or provided by the service.

Babydeco and its affiliates do not represent or warrant that access to the service will be uninterrupted or that there will be no failures, errors or omissions or loss of transmitted information, or that no viruses will be transmitted on the service.

Save for the provisions of the following clause Babydeco and its affiliates shall not be liable to you or any third parties for any direct, indirect, special, consequential or punitive damages allegedly sustained arising out of your access to or inability to access the service, including for viruses alleged to have been obtained from the service, your use of or reliance on the service or any of the information or materials available on the service, regardless of the type of claim or the nature of the cause of action, even if advised of the possibility of such damages.

Babydeco’s liability will not be limited in the case of death or personal injury directly caused by Babydeco’s negligence.

DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY

THE INFORMATION THAT YOU PROVIDE ABOUT YOURSELF TO BABYDECO WILL ONLY BE USED BY BABYDECO IN ACCORDANCE WITH ITS PRIVACY POLICY. THE PRIVACY POLICY DOES NOT APPLY TO THIRD PARTY SITES.

GENERAL

These terms and conditions are the complete and entire agreement between the parties and supersede any prior terms, conditions or agreement, whether written or oral.

If any of these terms and conditions are found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of this Terms of Service, which shall remain in full force and effect.

Failure of either party to exercise any right or remedy under this Terms of Service does not constitute a waiver of that right or remedy.

If you don’t agree to the foregoing terms and conditions, please exit the Website now.

Contact Details

All comments, queries and other requests relating to our use of your information should be addressed to info@babydeco.co.uk or by post to babydeco Ltd, 21 The Moorings,Prince Reagent Lane London E16 3Jn.