Legal Information
By accessing any area of www.babysecure.ca (Website) the customer acknowledges this notice and agrees to the terms and conditions below. This Website and associated electronic publications are owned and operated by BabySecure or its successors. Except where otherwise specified the contents of this Website are subject to intellectual property rights including copyrights and trademarks held by BabySecure Inc. All rights are reserved.
Table of Contents
• Privacy
• Electronic Communications
• Use of Message Service
• Licence and Site Access
• Risk of Loss
• Submitting Reviews, Comments and other Content
• Product Descriptions
• Disclaimer of Warranties and Limitations of Liability
• Applicable Law
• Site Policies and Modifications
Privacy
Customers should review our privacy policy, by which they agree to be bound as a condition of visiting and/or shopping at our Website.
Electronic Communications
Customers visiting this Website or sending e-mails to us are communicating with us electronically. Customers consent to receive communications from us electronically. Customers agree that all agreements, notices, disclosures and other communications that we provide to them electronically satisfy any and all legal requirement that such communications be in writing.
Use of Message Service
Customers agree not to use this site to submit, transmit or otherwise make available in any manner, including, but not limited to, sending a message card in conjunction with an order, any content (1) that is unlawful, harmful, obscene, hateful, threatening, abusive, defamatory, harassing, libelous, invasive of another's privacy, or is otherwise objectionable, (2) that infringes the intellectual property rights of any party or (3) which contains a chain letter or constitutes any form of mass mailing. Customers may not use a false e-mail address or otherwise provide information that would be misleading as to the origin of such content. Though babysecure.ca does not regularly review content customer submit to this site, we reserve the right to edit such content in any way and to refuse to process any orders including content that violates these Terms of Use or that we find objectionable for any or no reason. Customers represent and warrant that they possess all necessary rights to use the content that they submit to this site and that use of such content does not violate these Terms of Use. Customers agree to defend, indemnify, and hold babysecure.ca harmless from and against any and all claims arising out of or relating to any content that they submit to this site. By submitting content to this site, customers automatically grant, or warrant that the owner of such content has expressly granted, a royalty-free, perpetual, irrevocable right and license to use the content in any manner that babysecure.ca deems appropriate, in its sole and exclusive discretion, consistent with BabySecure's privacy policy.
Licence and Site Access
BabySecure grants its customers a limited, revocable, nonexclusive license to access and make personal use of this Website as a customer of babysecure.ca; however, customers are not permitted to download (other than page caching) or modify the Website or its contents, or any portion thereof, without the prior written consent of BabySecure. This licence does not include any resale or commercial use of this Website or commercial use of its contents, or any portion thereof; any collection and use of any product listings, descriptions or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another party; or any use of data mining, robots or similar data gathering and extraction tools. This Website, in whole or in part, may not be reproduced, duplicated, copied, sold, resold, visited or otherwise exploited for any commercial purpose without the prior written consent of BabySecure. Customers may not frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including /sites/default/files, text, page layout or forms) of babysecure.ca or our affiliates without BabySecure' prior written consent. Customer may not use any meta tags or any other "hidden text" utilizing BabySecure name or trademarks without the prior written consent of BabySecure. Any use of this Website or its contents that is not expressly authorized herein is prohibited and immediately terminates the license granted herein by BabySecure. customer may not create any link to use any Ableoffice.net logo or other proprietary graphic or trademark as part of the link without BabySecure' prior written permission.
Submitting Reviews, Comments and other Content
Customers may send reviews, comments and submit suggestions, ideas or questions to feedback@babysecure.ca.
Risk of Loss
All products purchased from babysecure.ca are made pursuant to a shipment contract. This means that the risk of loss and title for such products pass to the customer upon our delivery to the carrier.
Product Descriptions
BabySecure attempts to describe the products offered on this Website as accurately as possible. However, BabySecure does not warrant that product descriptions or other content of this Website are accurate, complete, reliable, current or error-free. If a product offered by BabySecure and purchased by customers is not as described, customer's sole remedy is to return the purchased product in unused condition for a refund or credit.
Disclaimer of Warranties and Limitations of Liability
BABYSECURE WARRANTS THAT THE PRODUCTS PROVIDED ON THIS WEBSITE WILL CONFORM SUBSTANTIALLY TO THE CORRESPONDING DESCRIPTIONS ON THE WEBSITE WHEN ORDERED. EXCEPT FOR THE WARRANTY IN THE IMMEDIATELY PRECEDING SENTENCE, BABYSECURE.CA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THIS SITE, AND CUSTOMERS EXPRESSLY AGREE THAT THEIR USE OF THIS WEBSITE IS OTHERWISE AT THEIR SOLE RISK. THEIR SOLE REMEDY FOR BREACH OF THE WARRANTY CONTAINED IN THIS PARAGRAPH IS RETURN FOR REFUND OR CONFORMING REPLACEMENT. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, BABYSECURE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, SYSTEM INTEGRATION, DATA ACCURACY AND QUIET ENJOYMENT. BABYSECURE.CA DOES NOT WARRANT THAT THIS WEBSITE, ITS SERVERS, OR E-MAIL SENT FROM BABYSECURE.CA ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BABYSECURE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO A CUSTOMER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO THIS CUSTOMER, AND THE CUSTOMER MIGHT HAVE ADDITIONAL RIGHTS.
Applicable Law
By visiting this Website, customers agree that the law of the province of Quebec, without regard to principles of conflict of laws, will govern this Terms and Conditions of Use agreement and any dispute of any sort that might arise between them and BabySecure relating to that agreement. Customers agree and hereby submit to the exclusive jurisdiction and venue of the governing courts and acknowledges that the customer does so voluntarily and is responsible for complying with local laws.
Site Policies and Modifications
It is recommended that customers review all our other policies - such as our privacy policy - posted on this site. These policies also govern the visit to babysecure.ca. We reserve the right to make changes to our Website, policies and this Terms and Conditions of Use agreement at any time and in our sole discretion; therefore, customers should review those policies, terms and conditions each time they visit the site. Customer's continued use of this Website after we make any such changes constitutes their binding acceptance of those changes. If any of the terms or conditions herein shall be deemed invalid, void or for any reason unenforceable, that term or condition shall be deemed severable and shall not affect the validity and enforceability of any remaining term or condition. BabySecure can revise the terms and conditions of the Website at any time by updating this posting.
Last updated: August 23, 2009
