Please read the following terms and conditions very carefully as your use of service is subject to your acceptance of and compliance with the following terms and conditions (“Terms”).
By subscribing to or using any of our services you agree that you have read, understood and are bound by the Terms, regardless of how you subscribe to or use the services. If you do not want to be bound by the Terms, you must not subscribe to or use our services.
In these Terms, references to “you”, “User” shall mean the end user accessing the Website, its contents and using the Services offered through the Website. “Service Providers” mean independent third party service providers, and “we”, “us” and “our” shall mean “Kid Cart” , its franchisor, affiliates and partners.
mybabybasket.com (“Website”) is an Internet based content and e-commerce portal operated by “My Baby Basket” , a company incorporated under the laws of India hereinafter referred to as “My Baby Basket.
Use of the Website is offered to you conditioned on acceptance without modification of all the terms, conditions and notices contained in these Terms, as may be posted on the Website from time to time. My Baby Basket at its sole discretion reserves the right not to accept a User from registering on the Website without assigning any reason thereof.
2. User Account, Password, and Security:
You will receive a password and account designation upon completing the Website’s registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to
(a) Immediately notify My Baby Basket of any unauthorized use of your password or account or any other breach of security, and
(b) Ensure that you exit from your account at the end of each session. mybabybasket.com cannot and will not be liable for any loss or damage arising from your failure comply with this Section 2.
3. Services Offered:
mybabybasket.com provides a number of Internet-based services through the Web Site (all such services, collectively, the “Service”). One such service enables users to purchase original merchandise such as clothing, footwear and accessories from various fashion and lifestyle brands. (Collectively, “Products”).
The Products can be purchased through the Website through various methods of payments offered. The sale/purchase of Products shall be additionally governed by specific policies of sale, like cancellation policy, return policy, etc. Upon placing an order, mybabybasket.com shall ship the product to you and be entitled to its payment for the Services.
5. Channel Subscription:
By providing your data, you agree to be communicated by us via email, phone call and sms to facilitate your navigation of and shopping from the website. We may communicate promotional offers periodically and as and when required.
6. Limited User:
The User agrees and undertakes not to reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Website. Limited reproduction and copying of the content of the Website is permitted provided that My Baby Basket name is stated as the source and prior written permission of My Baby Basket is sought. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website is not permitted.
7. User Conduct and Rules:
You agree and undertake to use the Website and the Service only to post and upload messages and material that are proper. By way of example, and not as a limitation, you agree and undertake that when using a Service, you will not:
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others;
Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;
Upload files that contain software or other material protected by intellectual property laws unless you own or control the rights thereto or have received all necessary consents;
Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another’s computer;
Conduct or forward surveys, contests, pyramid schemes or chain letters;
Download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally distributed in such manner;
Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
Violate any applicable laws or regulations for the time being in force in or outside India;and
Violate any of the terms and conditions of this Agreement or any other terms and conditions for the use of the Website contained elsewhere herein.
Exploit any of the services. We reserve the right to deprive individual customers of our Cash on Delivery payment option. Moreover, we might refuse any of our services, terminate accounts, and/or cancel orders at our discretion, including but not limited to, if we believe that customer conduct violates applicable law or is harmful to our interests.
You shall not make any derogatory, defamatory, abusive, inappropriate, profane or indecent statement/s and/or comment/s about mybabybasket.com, its associates and partners on any property owned by mybabybasket.com.
8. Membership Eligibility
Use of the Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Website. If you are a minor i.e. under the age of 18 years, you shall not register as a User of the kid cart website and shall not transact on or use the website. As a minor if you wish to use or transact on website, such use or transaction may be made by your legal guardian or parents on the Website. My Baby Basket reserves the right to terminate your membership and / or refuse to provide you with access to the Website if it is brought to My Baby Basket notice or if it is discovered that you are under the age of 18 years.
When You use the Website or send emails or other data, information or communication to us, You agree and understand that You are communicating with Us through electronic records and You consent to receive communications via electronic records from Us periodically and as and when required. We may communicate with you by email or by such other mode of communication, electronic or otherwise.
10. Pricing Structure
(a) Kid Cart strives to provide you with the best prices possible on products and services “You” buy or avail of from the mybabybasket.com (“Website”). The pricing details for purchase of products and services from the Website are detailed under the Terms of Offer for Sale.
(b) “You” agree to provide correct and accurate credit/ debit card details to the approved payment gateway for availing Services on the Website. “You” shall not use the credit/ debit card which is not lawfully owned by “You”, i.e. in any transaction, “You” must use “Your” own credit/ debit card. The information provided by “You” will not be utilized or shared with any third party unless required in relation to fraud verification or by law, regulation or court order. “You” will be solely responsible for the security and confidentiality of “Your” credit/ debit card details. kid cart expressly disclaims all liabilities that may arise as a consequence of any unauthorized use of “Your” credit/ debit card.
(c) My Baby Basket shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any transaction, on account of you/cardholder having exceeded the preset limit mutually agreed by My Baby Basket with our acquiring bank from time to time.
(d) Prices, products and Services may change at My Baby Basket discretion.In accordance with brand guidelines, prices might change when the stocks are replenished.
11. User Warranty and Representation:
The user guarantees, warrants, and certifies that you are the owner of the content (i.e. logo, brand name, punchline and etc.) which you submit or otherwise authorized to use the content and that the content does not infringe upon the property rights, intellectual property rights or other rights of others. You further warrant that to your knowledge, no action, suit, proceeding, or investigation has been instituted or threatened relating to any content, including trademark, trade name service mark, and copyright formerly or currently used by you in connection with the Services rendered by mybabybasket.com.
Membership on the Website is free for buyers. My Baby Basket does not charge any fee for browsing and buying on the Website. mybabybasket.com reserves the right to change its Fee Policy from time to time. In particular, My Baby Basket may at its sole discretion introduce new services and modify some or all of the existing services offered on the Website. In such an event My Baby Basket reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the Fee Policy shall be posted on the Website and such changes shall automatically become effective immediately after they are posted on the Website. Unless otherwise stated, all fees shall be quoted in Indian Rupees. You shall be solely responsible for compliance of all applicable laws including those in India for making payments to My Baby Basket.