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Terms of use

(These Terms of Use were last updated on 19th August 2013)

These "Terms of Use" describe the terms and conditions on which you may use our website www.tommeetippee.ca ("Website"), whether as a guest or a registered user. Please read these Terms of Use carefully before you start to use the Website. By using our Website you indicate that you accept these Terms of Use and that you agree to abide by them. If you do not agree to these Terms of Use, please refrain from using the Website. These Terms of Use are, in respect of Canadian residents, also incorporated into the terms of use which apply to our Tommee Tippee facebook page www.facebook.com/TommeeTippeeNorthAmerica ("Facebook Page"), and apply to the use of our Facebook Page (in respect of Canadian residents), along with any other terms of use which apply to our Facebook Page – please see our Facebook Page for details of those. Any reference in these terms of use that refers to "Website" shall be interpreted as incorporating a reference to our Facebook Page unless the context otherwise requires.

We may revise and update these Terms of Use at any time in accordance with section 15.1 below. Your continued use of the Website means that you accept and agree to the revised Terms of Use. The most current version of these Terms of Use, which supersedes all previous versions, can be reviewed by clicking on the "Terms of Use" hyperlink located on the Website.

PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS.

1. INFORMATION ABOUT US

1.1      The Website is operated by Mayborn USA, Inc., a company incorporated in the State of New York, whose address is First Floor, 1 Edgewater Drive, Suite 109, Norwood, Massachusetts 02062 ("we", "us", or "our").

2. USING AND ACCESSING OUR SITE

2.1       The Website is a general audience site. If you choose to sign up to receive emails about special offers and information from us, you must provide us with your name and email address.

2.2       You are responsible for making all arrangements necessary for you to have access to our Website. You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of these terms, and that they comply with them.

2.3       Access to the Website is permitted on a temporary basis, and we reserve the right to withdraw or amend access to our Website without notice. While we endeavour to ensure that the Website is normally available 24 hours a day, we do not guarantee that it will be uninterrupted or error free. We will not be liable if for any reason our Website is unavailable at any time or for any period.

2.4       From time to time, we may restrict access to some parts of our Website, or the entire Website, to any user or all users for any reason whatsoever, without notice.

2.5       If you choose, or you are provided with, a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. You agree to (a) immediately notify us of any unauthorised use of your username or password or any other breach of security, and (b) ensure that you exit from the account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or personal information. We have the right to disable any username code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms of Use.

2.6       Whenever you submit questions to us or provide feedback on our products, you must ensure that you do not submit any material:

2.6.1       that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive; or

2.6.2       which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the Canada or any other country in the world.

3. INTELLECTUAL PROPERTY RIGHTS RELATING TO THE WEBSITE

3.1       We are the owner or the licensee of all Website design, text, graphics and software and of all intellectual property rights therein (such as copyright, trade marks, patents, design rights, etc.) and in the material published on it. No Website content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted or sold in any form or by any means, in the whole or in part, without our prior written permission, and you shall not do anything which may be seen to take unfair advantage of the reputation and goodwill of the Website.

3.2       You are granted a limited licence to access and use the Website and the site content and to download or print a copy of any portion of the site content to which you have properly gained access, solely for your personal, non-commercial use, provided that you keep all copyright and other proprietary notices intact. You may not upload or republish site content on any internet, intranet or extranet site. Such licence is subject to these terms of use and does not permit use of any data mining, robots, scraping or similar data gathering or extraction methods.

4. TRADEMARKS

4.1       TOMMEE TIPPEE is a registered trade mark of Mayborn USA, Inc., or an affiliate thereof. Other trademarks and logos shown on the Website are either owned by Mayborn USA, Inc., or an affiliate thereof, or a third party. No rights are granted to use any trade marks on this Website without the prior written consent of Mayborn USA, Inc.

5. RELIANCE ON INFORMATION POSTED AND DISCLAIMER

5.1       Except as otherwise provided herein or prohibited by law, the materials on this Website are provided "as is" without any other warranties of any kind, either express or implied. We disclaim all warranties, including any implied warranties of merchantability and fitness for a particular purpose. We do not warrant that that the functions or content contained in the Website will be uninterrupted or error-free, that defects will be corrected or that the Website or the server that makes it available are free of viruses or other harmful components. You, and not us, assume the entire cost of all necessary servicing, repair or correction to your computer in the event of any loss or damage arising from the use of the Website or the content.

5.2       This Website is provided for general information only. Individual cases may require specific examination and advice that cannot be provided through this Website. Neither this Website, nor any advice, guidance, opinion, statement or other information provided to you by us is intended to be a substitute for professional medical advice, diagnosis or treatment. Never disregard professional medical advice or delay in seeking it because of something you read on the Website or other information we provide to you. You acknowledge that any reliance upon such advice, opinion, statement or information given by us, is at your own risk. This Website is not intended to replace a face to face consultation with an appropriately qualified health professional. We cannot guarantee that advice, guidance, opinion, statement or other information provided to you by us and you acknowledge that any reliance upon such advice, opinion, statement or information is at your own risk. This legal notice and the foregoing disclaimers are subject to section 7.1 of these terms and do not affect any mandatory legal rights that cannot be excluded under applicable law, including your statutory rights as a consumer. If you are concerned about your or your baby's health, please contact a health professional.

6. OUR SITE CHANGES REGULARLY

6.1       We aim to update our Website regularly, and may change the content at any time. If the need arises, we may suspend access to our Website, or close it indefinitely.

7. OUR LIABILITY TO YOU

7.1       Nothing in these Terms of Use shall limit or exclude our liability (if any) for;

7.1.1       fraud or fraudulent misrepresentation;

7.1.2       personal injury or death resulting from our negligence;

7.1.3       our breach of our statutory obligation to provide the Website and related services with reasonable skill and care; or

7.1.4       any other matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.

7.1.5       Except as set out under section 7.1, our liability for losses you suffer as a result of us breaching these Terms of Use is strictly limited to losses which are a foreseeable consequence of us breaching these Terms of Use. Losses are foreseeable where they are a likely result of our breach of these Terms of Use and are within ours and your contemplation at the time you accept these Terms of Use and start using the Website. In any event, the collective liability of us and our subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers and directors (regardless of the form of action, whether in contract, tort or otherwise) shall not exceed $100 CAD.

7.2       Except as set out under section 7.1, we are not responsible for:

7.2.1       indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us;

7.2.2       punitive, special or consequential damages;

7.2.3       loss of income or revenue;

7.2.4       loss of business;

7.2.5       loss of anticipated savings;

7.2.6       loss of data; and

7.2.7       any increased losses you suffer as a result of your own breach of these Terms of Use.

8. YOUR LIABILITY TO US

8.1       In the event that a claim or action is brought against us from your activities or use of the Website or associated services, which is caused either by any breach by you of these terms of use or your actions being negligent, reckless or otherwise intended by you to deliberately do us harm, you agree to pay, hold harmless and defend us in the claim or action. You also agree to co-operate as fully as reasonably required in the defence of any claim and allow us to assume the exclusive defence and control of the matter.

8.2       You hereby agree to fully compensate us for any claims, costs, charges, damages, demands and expenses (including without limitation legal expenses) resulting from your use of the Website and any content you submit to it or to us, where either your actions result in a breach of these terms of use or your actions are negligent, reckless, or are otherwise intended by you to deliberately cause us harm.

9. PRIVACY, SECURITY, INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE

9.1       We process information about you in accordance with our Privacy Policy. By using our Website, you consent to such processing and you warrant that all data provided by you is accurate and current.

9.2       You are prohibited from using any services or facilities provided in connection with the Website to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, we reserve the right to release your details to system administrators at other websites in order to assist them in resolving security incidents. We reserve the right to investigate suspected violations of these Terms of Use.

9.3       We reserve the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Use. You waive and hold us harmless from any claims resulting from any action taken by us during or as a result of our investigations and/or from any actions taken as a consequence of investigations by either us or law enforcement authorities.

10. SUBMITTING FEEDBACK

10.1       We welcome your comments. All comments, suggestions or other information sent by you to the Website or otherwise to us relating to the Website (each, a "Submission") will become our property and you agree that all intellectual property rights therein are transferred to us.

10.2       You hereby grant to us a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display all Submissions, and to incorporate any Submission in other works in any form, media, or technology now known or later developed. We will not be required to treat any Submission as confidential, and may use any Submission in our business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future operations. Notwithstanding the foregoing, we will treat any personal information that you submit through the Website in accordance with our Privacy Policy.

11. VIRUSES, HACKING AND OTHER OFFENCES

11.1       You may not misuse our Website by knowingly introducing viruses, Trojan horses, worms, logic bombs or other materials or devices which are malicious or technologically harmful. You may not attempt to gain unauthorized access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. You may not attack our Website via a denial-of-service attack or a distributed denial-of-service attack.

11.2       By breaching this Section 11, you may be committing a criminal offense under the law of Canada. We will report any such breach to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.

11.3       We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or to your downloading of any material posted on it, or on any website linked to it.

12. LINKING TO OUR SITE

12.1       You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

12.2       Our Website must not be framed on any other site, nor may you create a link to any part of our Website other than the home page unless written permission is granted by us. We reserve the right to withdraw linking permission without notice.

13. LINKS FROM OUR SITE; DEALINGS WITH OTHER MERCHANTS

13.1       Where our Website contains links to other sites and resources provided by third parties, these links are provided for your information and convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. We do not endorse the content, products, services or practices of any third party website, and we do not make any representations regarding their quality, content or accuracy. Your use of a third party website is at your own risk and subject to the terms and conditions of use for such website.

13.2       If you choose to correspond, participate in a promotion or engage in transactions with any merchant found on or through the Website, you acknowledge and agree that we are not a party to, and will not be responsible for, your interaction with such merchant, including its treatment of your information and the terms and conditions applicable to any transaction between you and the merchant. The terms of your interaction with any merchant are solely between you and such merchant. You agree that we will have no responsibility or liability for any loss or damage of any kind that you may suffer as the result of any such interaction or the presence of such merchants on the Website. We make no representations or warranties with relation to correspondences with merchants and shall not be responsible for failure of the merchant or you to receive materials communicated in this fashion for any reason whatsoever.

14. JURISDICTION AND APPLICABLE LAW; LIMITATION PERIOD

14.1       These Terms of Use will be binding on Mayborn USA, Inc., and its successors and assigns, and you, and shall be governed by the laws of the State of Massachusetts, USA and the parties agree to submit to the non-exclusive jurisdiction of the state and federal courts of Massachusetts.

14.2       Any cause of action you may have with respect to the Website must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.

15. VARIATIONS

15.1       We may revise these Terms of Use at any time by amending this page. If we make changes to these Terms of Use we will notify you by posting an announcement on the Website. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. By continuing to use the Website after changes have been made, you will be deemed to have accepted any amendments to these Terms of Use.

16. SEVERABILITY

16.1       If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, the other provisions will remain in full force and effect.
16.2       If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the actual intent of the parties.

17. RELATIONSHIP

17.1       You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms of Use or use of the Website.

18. WEBSITE FOR USE BY CANADIAN RESIDENTS

18.1       The Website is intended only for Canadian residents outside of Quebec.

18.2       If we learn that a person is not resident in Canada or is resident in Quebec, we reserve the right to take appropriate measures as we see fit including to delete such information from our databases and the Website relating to the User, and to not use such information for any purpose.

19. LEGALITY

19.1       The owner of the Website is based in the State of Massachusetts, USA. We make no representations that materials on the Website are appropriate or available for use in other locations. If you access the Website from other locations, you are responsible for complying with local laws.

20. ENTIRE AGREEMENT

20.1       These Terms of Use contain the entire agreement between you and us regarding their subject matter in relation to the use of the Website and supersede all prior communications, representations, warranties, stipulations, undertakings and agreements between the parties in respect of the use of the Website.

21. EFFECTIVE DATE

21.1       These Terms of Use are effective as of 19th August 2013. These Terms of Use were last updated on 19th August 2013 and supersede the previous Terms of Use which were effective from May 20th 2013 (as amended with effect from August 14, 2013) to 18th August 2013

22. Amendments

22.1       Amendments to these Terms of Use made subsequent to the effective date of these Terms of Use will be described below.

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