Terms and Conditions

       We always value the faith and trust you place in BornBabies. We insist upon you reading these Terms of Use carefully. These Terms , Conditions and policies about Privacy, Fees, Payments, Promotions, Delivery, Returns and Refund together shall form the entire Terms of Use.

1.what is this document about?

1.1 These terms of use, read together with the (i) Privacy Policy, (ii) Fee and Payment Policy, (Iii) Delivery Policy, (Iv) Promotions Policy, And (V) Return and Refund Policy constitute a legal and binding agreement between you and BornBabies, a company incorporated under the laws of India, having its registered office at Thiruvalluvarthottam, opp Nataraj Theatre Rd, Alangadu, Karuvampalayam, Tiruppur, Tamil Nadu 641604.

1.2          The Terms of Use, inter alia, provides the terms that govern your access to use (i) BornBabies website www.BornBabies.com, and its mobile and tablet applications (“Platforms”), (ii) and any other service that may be provided by BornBabies from time to time (collectively referred to as the “Services”).

1.3 You hereby understand and agree that the Terms of Use form a binding contract between BornBabies and anyone who accesses, browses, or purchases the Products and uses the Services in any manner (“User”) and accordingly, you hereby agree to be bound by the terms contained in the Terms of Use. If you do not agree to the terms contained in the Terms of Use, you are advised not to proceed with purchasing the Products or using the Services. The terms contained in the Terms of Use shall be accepted without modification. The use of Services would constitute acceptance of the terms of the Terms of Use.

2.Terms and conditions applicable to users

2.1.         Users must be 18 years of age or older to register, or visit or use the Services in any manner. By registering, visiting or using the Services, you hereby represent and warrant to BornBabies that you are 18 years of age or older, and that you have the right, authority and capacity to use the Services, and agree to abide by the Terms of Use. If a User is below 18 years of age, it is assumed that he/she is using/browsing the Platforms under the supervision of his/her parent or legal guardian and that such User’s parent or legal guardian has read and agrees to the terms of this Terms of Use, including terms of purchase of Products, on behalf of the minor User. Should BornBabies be made aware that a User is under the age of 18 and is using/browsing the Platforms without the supervision of his/her parent or legal guardian, BornBabies reserves the right to deactivate such User’s account without further notice.

2.2.         The Terms of Use are governed by the provisions of Indian law, including, but not limited to:

1. the Indian Contract Act, 1872;
2. the Information Technology Act, 2000;
3. the rules, regulations, guidelines and clarifications framed thereunder, including the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (“SPI Rules”) and;
4. the Information Technology (Intermediaries Guidelines) Rules, 2011 (“IG Rules”).

2.3.         The contents of Services, information, text, graphics, images, logos, button icons, software code, interface, design and the collection, arrangement and assembly of the content on the Platforms or any of the other Services are the property of BornBabies, its parent company, group companies, subsidiaries, associates, affiliates, suppliers, vendors and sister companies, as the case may be (“BornBabies Content”), and are protected under copyright, trademark and other applicable laws. You shall not modify the BornBabies Content or reproduce, display, publicly perform, distribute, reverse engineer or otherwise use the BornBabies Content in any way for any public or commercial purpose or for personal gain.

2.4.         BornBabies authorises you to view and access the BornBabies Content solely for identifying Products, carrying out purchases of Products and processing returns and refunds, in accordance with Return and Refund Policy, if any. BornBabies, therefore, grants you a limited, revocable permission to access and use the Services. This permission does not include a permission for carrying out any resale of the Products or commercial use of the BornBabies Content, any collection and use of product listings, description, or prices, and, any derivative use of the Platforms or of BornBabies Content.

2.5.         As means to assist the Users in identifying the Products of their choice,                BornBabies provides visual representations on the Platforms including graphics, illustrations, photographs, images, videos, charts, screenshots, infographics and other visual aids. While reasonable efforts are made to provide accurate visual representations, BornBabies disclaims any guarantee or warranty of exactness of such visual representation or description of the Product, with the actual Product ultimately delivered to Users. The appearance of the Product when delivered may vary for various reasons.

2.6.         Users may make purchases on the Platforms. For the purposes of identifying a User, BornBabies may, from time to time, collect certain personally identifiable information such as your first name and last name, email address, mobile phone number, address, other contact information, demographic profile, etc. Users may also register themselves on the Platforms. Registration on the Platforms is one-time and you are required to remember your username and password and keep the same confidential. In the event where you have misplaced your username and password details, you can retrieve and change the same using the “forgot username/password” option on the Platforms.

2.7.         The User shall assume all risks, liabilities, and consequences if his/her account has been accessed illegally or without authorisation through means such as hacking and if through such unauthorised access, a purchase of Products has been made through the Services. It is specifically clarified that payments towards any Products purchased through the Services by unauthorised or illegal use of the User’s account shall entirely be borne by the User.

2.8.         Display of Products for purchase on the Platforms is merely an invitation to offer. An order placed by a User for purchase of a Product constitutes an offer. All orders placed by Users on the Platforms are subject to the availability of such Product, BornBabies acceptance of the User’s offer and the User’s continued adherence to the terms of the Terms of Use.

2.9.         You agree to maintain and promptly update all data provided by you and to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current, incomplete, or if BornBabies has reasonable grounds to suspect that the information provided by you is untrue, inaccurate, not current, incomplete, or not in accordance with the terms of the Terms of Use, BornBabies reserves the right to indefinitely suspend, terminate or block your access to the Platforms, and refuse to provide you with access to the Platforms in future.

2.10.       All rights and liabilities of BornBabies with respect to any Services to be provided by it shall be restricted to the scope of the Terms of Use. In addition to the Terms of Use, you shall also ensure that you are in compliance with the terms and conditions of the third parties, whose links are contained/embedded in the Services. It is hereby clarified that BornBabies shall not be held liable for any transaction between you and any such third parties.

2.11.       You understand that on your registration as a User or on your purchase of Products on the Platforms, you may receive text messages (including through internet-based mobile messaging) and/or emails from BornBabies on your registered mobile number and/or email address. These messages and/or emails could relate inter alia to your registration, BornBabies

 acceptance or rejection of your offer to purchase a Product, payment information, Product despatch information, information pertaining to other activities you carry out on the Platforms and information pertaining to the promotions that are undertaken by BornBabies (or third parties in connection with the Platforms) from time to time. It is specifically clarified that a text message and/or an email confirming the receipt of your order is not an acceptance from BornBabies that the Product will be delivered. BornBabies acceptance to your offer to purchase shall occur and conclude only when the products have been despatched by BornBabies and a text message and/or email confirming such despatch has been sent to you. BornBabies, at all times, reserves the right to limit the quantity of items in, or cancel an order prior to despatch.

2.12.       Any communication from BornBabies shall be sent only to your registered mobile number and/or email address or such other contact number or email address that you may designate, for any particular transaction. You shall be solely responsible to update your registered mobile number and/or email address on the Platforms in the event there is a change. Further, BornBabies may also send you notifications and reminders with respect to scheduled deliveries of the purchased Products. While BornBabies shall make every endeavour to share prompt reminders and notifications relating to the delivery of purchased Products with you, BornBabies shall not be held liable for any failure to send such notifications or reminders to you.

2.13.       BornBabies may, at any time and without having to service any prior notice to you: (i) upgrade, update, change, modify, or improve the Services or a part of the Services in a manner it may deem fit, and (ii) change the contents of the Terms of Use in substance, or as to procedure or otherwise; in each case which will be applicable to all Users. You hereby agree that this is in the fairness of things given the nature of the business and its operations and you will abide by them. As such, you must keep yourself updated at all times and review the terms of the Terms of Use from time to time. Such changes shall be made applicable when they are posted. BornBabies may also alter or remove any content from the Platforms without notice.

2.14.       While BornBabies shall make reasonable endeavours to maintain high standards of security and shall provide the Services by using reasonable efforts, BornBabies shall not be liable for any interruption that may be caused to your access or use of the Services.

2,15.       Access to and registration on the Platforms is free of cost. Although unlikely, BornBabies may modify the Fee, Payment and Promotions Policy to include a fee on access and browsing of the Platforms, or for use of any new service introduced by BornBabies without serving prior notice on the Users.

2.16.       The Services included on or otherwise made available to the Users through the Platforms are provided on an “as is” and “as available” basis without any representations or warranties, express or implied, except if otherwise specified in writing. BornBabies does not covenant or warrant that:

1. the Services will be made available at all times;
2. the BornBabies Content available on the Platforms is complete, true, accurate or non-misleading; and
3. the Products are of specified merchantability, merchantable quality and fit for use for a particular purpose.

The User hereby affirms that the information provided by him / her is true, correct and complete to the best of his / her knowledge and belief. The User agrees and understands that he / she will be solely responsible in the event of any inaccuracy or deviation therefrom at a later stage.

3. Third party information

3.1 All information in relation to third parties as available on the Platforms (collectively referred to as “Third Party Information”) are provided solely for your reference. BornBabies is not endorsing the Third Party Information and is not responsible for any errors and representation nor is it associated with it and you shall access the Third Party Information at your own risk.

3.2 Further, it is up to you to take sufficient precautions to ensure that whatever links you select, whether from the Platforms, or other Services, is free of such items such as, but not limited to, viruses, worms, Trojan horses, defects and other items of a destructive nature.

4. Intellectual property rights

4.1 All the intellectual property used on the Platforms by BornBabies, including the BornBabies Content, shall remain the property of BornBabies, its parent company, group companies, subsidiaries, associates, affiliates, suppliers, vendors, sister companies or of any third party hosting such intellectual property on the Platforms. Except as provided in the Terms of Use, the materials may not be modified, copied, reproduced, distributed, republished, downloaded, displayed, sold, compiled, posted or transmitted in any form by any means, including but not limited to, electronic, mechanical, photocopying, recording or other means, without the prior express written permission of BornBabies, its parent company, group companies, subsidiaries, associates, affiliates, suppliers, vendors, sister companies or any third party hosting such material on the Platforms, as the case may be.

4.2 If you believe that your intellectual property rights have been used in a way that raises concerns of infringement, please write to us at customercare@BornBabies.com and let us know of your concerns.

5. Unlawful or prohibited use

You warrant to BornBabies that you will comply with all applicable laws, statutes, ordinances and regulations regarding the use of the Services and any other related activities. You further warrant that you will not use the Platforms in any way prohibited by terms contained in the Terms of Use or under applicable law.

6. Liability

6.1 You acknowledge and undertake that you are accessing the Services and purchasing the Products at your own risk and that you are using prudent judgment before placing an order for a Product or availing any Services through the Platforms. BornBabies shall, at no point, be held liable or responsible for any representations or warranties in relation to the Products. Refund of the price paid for the purchase of a Product or replacement thereof shall be governed by the Return and Refund Policy which may be accessed here.

6.2 BornBabies does not provide or make any representation, warranty or guarantee, express or implied about the Platforms, Products or the Services, and all implied warranties under law or contract are to the maximum extent possible hereby disclaimed.

6.3 The maximum aggregate liability of BornBabies, in respect of all Services provided, and all transactions undertaken by the User by using the Services, shall be limited to a maximum of INR 1,000 (Indian Rupees one thousand).

7. Term and termination

7.1 The Terms of Use will remain in full force and effect while you use any Service in any form or capacity.

7.2 BornBabies reserves the right to terminate its Services provided to you in the event of breach of any terms contained in the Terms of Use, misrepresentation of information, any unlawful activity or if BornBabies is unable to verify or authenticate any information you submit to it.

7.3 The User may terminate the Terms of Use at any time, provided that the User discontinues any further use of the Platforms or Services.

7.4 It is specifically clarified that any termination of the Terms of Use by a User shall not cancel the User’s obligation to pay for a Product purchased on the Platforms, or any other obligation which has accrued, or is unfulfilled and relates to the period, prior to termination.

7.5 Any provision of the Terms of Use which imposes an obligation or creates a right that by its nature will be valid after termination or expiration of the Terms of Use shall survive the termination or expiration of the Terms of Use.