TERMS AND CONDITIONS
 
By continuing to use this website you are confirming that you accept to comply with and be bound by the terms and conditions of use set out below. These terms and the privacy policy together constitute a legal agreement (“agreement”) between you and in connection with your visit to the website and your use of the services if you do not accept the terms and conditions, you must leave this website.

Bumpsnbaby Terms of Use

The domain name www.Bumpsnbaby.in(hereinafter referred to as “Website”) is owned by Bumpsnbaby Pvt Ltd. (Hereinafter referred to “Bumpsnbaby”).

For the purpose of these Terms of Use, wherever the context so requires “You” or “User” shall mean any natural or legal person who has agreed to become a buyer on the Website by providing Registration Data while registering on the Website as Registered User using the computer systems. The term “We”, “Us”, “Our” shall mean Bumpsnbaby.

Bumpsnbaby provides its services to you subject to the notices, terms, and conditions set forth in this agreement (the “Agreement”). In addition, when you use any Bumpsnbaby service (e.g., Customer Reviews), you will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they are incorporated into this Agreement by this reference. By mere use of the Website, you shall be contracting with Bumpsnbaby and these terms and conditions including the policies constitute your binding obligations, with Bumpsnbaby. Bumpsnbaby reserves the right to change this Site and these terms and conditions at any time. Bumpsnbaby retains the right to deny access to anyone who we believe has violated any of these Terms of Use. If you are under 18, you may use the Website only with involvement of a parent or guardian. ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT, SO PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PROCEEDING.

Platform for Transaction and Communication

The Website is a platform that Users utilize to meet and interact with one another for their transactions. Bumpsnbaby is not and cannot be a party to or control in any manner any transaction between the users and third party products.

Henceforward:

1. All commercial/contractual terms are offered by and agreed to between buyers and sellers alone. The commercial/contractual terms include without limitation price, shipping costs, payment methods, payment terms, date, period, mode of delivery and warranties related to products and services and after

Sales services related to products and services. Bumpsnbaby does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the buyers and third party sellers.

2. Bumpsnbaby made representation or warranty of its owned products as to specifics (such as quality, value, salability, etc.) of the products or services proposed to be sold or offered to be sold or purchased on the Website. Bumpsnbaby accepts no liability for any errors or omissions, on behalf of third parties.

3. Bumpsnbaby is not responsible for any non-performance or breach of any contract entered into between buyers and third party sellers. Bumpsnbaby cannot and does not guarantee that the concerned buyers and/or third party sellers will perform any transaction concluded on the Website. Bumpsnbaby shall not and is not required to mediate or resolve any dispute or disagreement between buyers and sellers.

4. Bumpsnbaby does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc.) of any of its Users. You are advised to independently verify the bona fides of any particular User that you choose to deal with on the Website and use your best judgment in that behalf.

5. Bumpsnbaby does not at any point of time during any transaction between buyer and third party seller on the Website come into or take possession of any of the products or services offered by third party seller nor does it at any point gain title to or have any rights or claims over the products or services offered by third party seller to buyer.

6. At no time shall Bumpsnbaby hold any right, title or interest over the third party products nor shall Bumpsnbaby have any obligations or liabilities in respect of such contract entered into between buyers and third party sellers. Bumpsnbaby is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.

7. Bumpsnbaby hold right, title, interest of their own products only and have obligation/liability in respect of such contract entered between buyers and Bumpsnbaby.

8. At no time shall Bumpsnbaby hold any right, title or interest over the third party products nor shall Bumpsnbaby have any obligations or liabilities in respect of such contract.

9. Bumpsnbaby is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.

10. You shall independently agree upon the manner and terms and conditions of delivery, payment, insurance etc. with the third party seller(s) and Bumpsnbaby that you transact with.

Contents Posted on Site

You are responsible for any notes, messages, e-mails, billboard postings, photos, drawings, profiles, opinions, ideas, images, videos, audio files or other materials or information posted or transmitted to the Sites (collectively, “Content”). Such Content will become the property of Bumpsnbaby throughout the universe. Bumpsnbaby shall be entitled to, consistent with our Privacy Policy, use the Content or any of its elements for any type of use forever, including but not limited to promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works that may include Content you provide. You agree that any Content you post may be used by Bumpsnbaby, consistent with our Privacy Policy and Rules of Conduct on Site as mentioned herein, and you are not entitled to any payment or other compensation for such use.

Rules of Conduct on Site

1. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights.

2. Bumpsnbaby may review, edit, reject, refuse to post and/or delete any Content that in the sole judgment of Bumpsnbaby violate these Terms of Use or which might be offensive, illegal, or that might violate the rights or harm, or threaten the safety of another person.

3. Any information provided by you on this site shall not be misleading in any way.

4. You may not post or transmit Content, (even if made in a joking, sarcastic or unintended manner), if it in any way:

  1. is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, pedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
  2. harasses or advocates harassment of another person;
  3. involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing or “spamming”;
  4. promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
  5. infringes upon or violates any third party’s rights [(including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person’s name, email address, physical address or phone number) or rights of publicity];
  6. promotes an illegal or unauthorized copy of another person’s copyrighted work (see “Copyright complaint” below for instructions on how to lodge a complaint about uploaded copyrighted material), such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
  7. contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
  8. provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
  9. provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
  10. contains video, photographs, or images of another person of 18 years of age or older without his or her express written consent or those of any minor (regardless of whether you have consent from the minor or his or her legal guardian).
  11. tries to gain unauthorized access or exceeds the scope of authorized access (as defined herein and in other applicable Codes of Conduct or End User Access and License Agreements) to the Sites or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Sites or Solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
  12. engages in commercial activities and/or sales without Bumpsnbaby’s prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of “virtual” items related to the Sites. Throughout this Terms of Use, Bumpsnbaby’s “prior written consent” means a communication coming from Bumpsnbaby’s legal department, specifically in response to your request, and specifically addressing the activity or conduct for which you seek authorization;
  13. solicits gambling or engages in any gambling activity which Bumpsnbaby, in its sole discretion, believes is or could be construed as being illegal;
  14. contains viruses, time bombs, rojan horses, cancelbots, worms or other harmful or deleterious components or devices;
  15. Interferes with another user’s use and enjoyment of the Site or any other individual’s use and enjoyment of similar services; or
  16. refers to any website or URL that, in the sole discretion of Bumpsnbaby, contains material that is inappropriate for the Sites, contains content that would be prohibited on the Sites, or violates the letter or spirit of these Terms of Use.

5. You must use the Sites in a manner consistent with any and all applicable laws and regulations. Illegal and/or unauthorized uses of the Sites, including without limitation, collecting usernames and/or email addresses of registered members by electronic or other means for the purpose of sending unsolicited Email and unauthorized framing of or linking to the Sites, are not permitted. This includes the unauthorized interception of the data stream coming from or going into the Sites, as well as attempting to gain unauthorized access to the Sites or exceeding your authorized access.

6. You may not engage in advertising to, or solicitation of, other users through the Sites to buy or sell any products or services, including, but not limited to, products or services related to the Sites. You may not transmit any chain letters or unsolicited commercial or junk email to other users via the Sites. It is also a violation of these Terms of Use or use of any information obtained from the Sites in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person outside of the Sites without their prior explicit consent. In order to protect our users from such advertising or solicitation, Bumpsnbaby reserves the right to restrict the number of messages or emails which a user may send to other users in any 24-hour period to a number which Bumpsnbaby deems appropriate in its sole discretion.

7. You understand that Bumpsnbaby has the right at all times to disclose any information (including the identity of the persons providing information or materials on the Sites) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, we can (and you hereby expressly authorize us to) disclose any information about you to law enforcement or other government officials, as we, in our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.

8. Bumpsnbaby reserves the right, but has no obligation, to monitor the materials posted in the public areas of the Sites. Bumpsnbaby shall have the right to remove or edit any Content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Use.

Notwithstanding this right of Bumpsnbaby, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST IN THE PUBLIC AREAS OF THE SITES AND IN YOUR PRIVATE MESSAGES. Please be advised that Content posted in public areas of the Sites does not necessarily reflect the views of Bumpsnbaby. In no event shall Bumpsnbaby assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content on the Sites. You hereby represent and warrant that you have all necessary rights in and to all Content you provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libelous, tortious, or otherwise unlawful information.

9. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Sites, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. Bumpsnbaby shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Sites.

10. It is possible that other users (including unauthorized users or “hackers”) may post or transmit offensive or obscene materials on the Sites and that you may be involuntarily exposed to such offensive and obscene materials. It is also possible for others to obtain personal information about you due to your use of the Sites, and that the recipient may use such information to harass or injure you. Bumpsnbaby does not approve of such unauthorized uses but by using the Sites you acknowledge and agree that Bumpsnbaby is not responsible for the use of any personal information that you publicly disclose or share with others on the Sites. Please carefully select the type of information that you publicly disclose or share with others on the Sites.

11. Bumpsnbaby shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of People, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).

Selling

As a registered seller, we are allowed to list item(s) for sale on the Website in accordance with the Policies which are incorporated by way of reference in this Terms of use. You must be legally able to buy the item(s) from the list for sale of products on our Website. We make sure that the listed items do not infringe upon the intellectual property, trade secret or other proprietary rights or rights of publicity or privacy rights of third parties. Listings may only include text descriptions, graphics and pictures that describe our item for sale. All listed items must be listed in an appropriate category on the Website. All listed items must be kept in stock for successful fulfilment of sales.

Third Party Product and Services

you understand that third party product and services may be made available by the Company on the Website. Please note that in the event you choose to avail any such third party product and services that are made available on the Website, you will be absolutely and solely responsible for your interactions with such third party service providers/sellers. Bumpsnbaby.in or Bumpsnbaby shall not be held responsible for any lapses, shortcomings or deficiency of services by such third party service providers to you. Bumpsnbaby.in or Bumpsnbaby hereby does not endorse the services of any third party service providers that are made available on the Website.

Bumpsnbaby.in or Bumpsnbaby shall not be responsible for any type of after sale services and damages, harm and side effects from use of the third party products which is listed on our website.

Disclaimer of Warranties and Liability

This Website’s all materials and products (including but not limited to software) and services, included on or otherwise made available to you through this site are provided by Bumpsnbaby on an “as is” and “as available” basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, Bumpsnbaby does not warrant that:

1. This website will be constantly available, or available at all; or

2. The information on this website is complete, true, accurate or non-misleading.

Bumpsnbaby will not be liable to you in any way or in relation to the contents of, or use of, or otherwise in connection with, this website.

Bumpsnbaby does not warrant that this site; information, content, materials, product (including software) or services included on or otherwise made available to you through this site; their servers; or electronic communication sent from Bumpsnbaby are free of viruses or other harmful components.

Nothing on this website constitutes, or is meant to constitute, advice of any kind.

Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.

You will be required to enter a valid phone number while placing an order on the Website. By registering your phone number with us, you consent to be contacted by Bumpsnbaby via phone calls and / or SMS / or WhatsApp notifications, in case of any order or shipment or delivery related updates. Bumpsnbaby will not use your personal information to initiate any promotional phone calls or messages.

While availing any of the payment method/s offered by Bumpsnbaby, Bumpsnbaby is not responsible or takes no liability of whatsoever nature in respect of any loss or damage arising directly or indirectly to you out of the decline due to:

1. lack of authorization for any transaction/s,

2. or exceeding the preset limit mutually agreed by you and between your “Bank/s”,

3. or any payment issues arising out of the transaction,

4. or decline of transaction for any other reason/s.