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.
2.6 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.
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
7.1.1 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.
7.2 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
8. YOUR LIABILITY TO US
9. PRIVACY, SECURITY, INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE
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.
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
14.2 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.
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.
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.
19.1 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
21. EFFECTIVE DATE