Effective Date: 01 March 2020
All references to "you" or "your," as applicable, mean the person who accesses, uses, and/or participates in the Services in any manner, and each of your heirs, assigns, and successors. If you use the Services on behalf of an entity, you represent and warrant that you have the authority to bind that entity, your acceptance of the Terms will be deemed an acceptance by that entity, and "you" and "your" herein shall refer to that entity, its directors, officers, employees, and agents.
Acceptance of these Terms
The Services and Users of the Services
Access to and use of the Services are available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law. Users of our Services include individual users such as expectant couples, parents, newlyweds, people hosting an event (collectively, “Members”), and companies and other third parties offering products and services related to pregnancy and parenting or other related services (collectively, “Vendors”) (all of the foregoing, including Members and Vendors, are referred to collectively, herein as “Users”). By accessing or using the Services, you represent and warrant that you are eligible.
As a Member, you acknowledge that while we use techniques to help verify the identity of Vendors when they register for memberships or subscriptions on our Services, we cannot and will not guarantee each Vendor’s identity, capabilities, that it has obtained all required permits, licenses or consents, or that it complies with all applicable laws. We do not endorse any particular Vendor nor do we guarantee the quality of their goods or services. You should use our Services as a starting point for identifying organisations that provide the products and services you need, then conduct your own research to ensure the service providers you choose to do business are appropriate for you.
If you are agreeing to the Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to the Terms and, in such event, “you” and “your” refer to that company or other entity.
As a Vendor you acknowledge that we will not endorse you or your products or services. We are in no way responsible for assisting you in reaching an agreement with Members. We are not responsible for assisting you in providing goods and services to Members. Your membership or subscription to our Services may not be transferred or sold to another party.
As a Vendor you must list the true and correct name of your business on the Services. If there is a change to that business name, Vendors must promptly update the Services and may need to provide additional documentation for proof of name change. Vendors who engage in the sale of goods and services must have a valid business operations license, as applicable. If you or your company experiences a dissolution, merger or other significant change in personnel (e.g., sale of company), then we, in our sole discretion, have the right to determine whether to keep active, transfer or terminate your account, including all content previously associated with such account.
We may offer different types of paid and free memberships or subscriptions. For instance, we may offer “Free Trial,” “Lite,” “Professional,” or other unpaid vendor memberships. These unpaid Vendor memberships do not guarantee any advertising placement or other benefits. We reserve the right to modify the terms of or cancel any such unpaid vendor memberships. We may also offer memberships or subscriptions for which a Vendor pays (“Paid Subscriptions”). Additional terms and conditions described in the Terms of Purchase apply to such Paid Subscriptions, and are made a part of the Terms by reference. If there is a conflict between the Terms and the terms for any service offered on or through the Services, such as Paid Subscriptions, the latter terms shall control with respect to your use of that portion of the Services.
We Are a Neutral Venue
As a User, you acknowledge that we are not a product or service provider, vendor, or an agent representative for any Vendor. We and the Services function solely as a neutral venue and digital business listing where Users may connect for particular types of services or products. We are not involved in or a party to the actual transaction between Users. As a result, we have no control over the existence, quality, accuracy, safety, or legality of the transactions that take place on our Services or the accuracy of any Vendor listings. We have no control over the ability of Vendors to provide items or perform services or the ability of Members to pay for any goods and services. We make no representations or warranties and are not liable or responsible for the actions or inactions of our Users.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
YOUR USE OF THE SERVICES, PREGNANCY PLANNER/CHECKLIST, RESOURCES, OR COLLECTIVE CONTENT SHALL BE SOLELY AT YOUR OWN RISK. YOU ACKNOWLEDGE AND AGREE THAT HAPPYPREGGIE DOES NOT HAVE AN OBLIGATION, BUT RESERVES THE RIGHT FOR ANY REASON, TO (A) MONITOR OR REVIEW USER CONTENT; OR (B) FOR ANY PERMISSIBLE PURPOSE, CONDUCT IDENTITY VERIFICATION, BACKGROUND (INCLUDING CRIMINAL BACKGROUND) OR REGISTERED SEX OFFENDER CHECKS ON ANY USER, INCLUDING BUT NOT LIMITED TO MEMBERS AND VENDORS. THE SERVICES ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, HAPPYPREGGIE AND ITS AFFILIATES AND SUBSIDIARIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT; ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF OR IN TRADE; ANY WARRANTIES, REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH THESE SERVICES OFFERED ON OR THROUGH THESE SERVICES; AND ANY WARRANTIES RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THE SERVICES, INCLUDING WITHOUT LIMITATION ALL COLLECTIVE CONTENT. HAPPYPREGGIE MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. HAPPYPREGGIE ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO OR USE OF THE SERVICES. HAPPYPREGGIE SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY DATA, INFORMATION, MATERIALS, SUBSTANCE, OR COLLECTIVE CONTENT POSTED, TRANSMITTED, OR MADE AVAILABLE VIA THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM HAPPYPREGGIE OR THROUGH THE SERVICES, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OR MEMBERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, INCLUDING BUT NOT LIMITED TO ANY MEMBERS, OR SERVICE RECIPIENTS. YOU UNDERSTAND THAT WE DO NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SERVICES OR TO REVIEW OR VET ANY VENDOR SERVICES. WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON AND GIVE OR RECEIVE VENDOR SERVICES. WE EXPLICITLY DISCLAIM ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY USERS OR THIRD PARTIES.
Links to Third-Party Websites
The Services contain links to websites maintained by third-parties. We are not responsible for the availability of those websites and do not endorse and are not responsible or liable for any content, advertising, services, products, or other materials on or available from such websites. We will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, advertising, services, products, or other materials on or available from such websites.
You acknowledge that all Content published or displayed on this Services, the provision of such Content does not create a Vendors/Members/Users relationship, and does not constitute an opinion, medical advice, or diagnosis or treatment, but is provided to assist you in choosing a vendor or provider, professional, organisation, or agents or affiliates thereof (collectively, “Vendor”). “Content” means text, data, graphics, images, photographs, video, audio, information, suggestions, guidance, provider information, reviews, pricing, and other materials provided, made available or otherwise found through the Services and/or Site, including, without limitation, Content provided in direct response to your questions or postings. All Content on this website, including medical opinion, advice and/or any other health-related information, is for information purposes, and should not be considered to be a specific diagnosis or treatment plan for any individual situation.
By using these Services you are granting us and our subsidiaries, affiliates, successors and assigns, a nonexclusive, fully paid, worldwide, perpetual, irrevocable, royalty-free, transferable license (with the right to sublicense through unlimited levels of sublicensees) to use, copy, modify, distribute, publicly display and perform, publish, transmit, remove, retain repurpose, and commercialise Content you post in any and all media or form of communication whether now existing or hereafter developed, without obtaining additional consent, without restriction, notification, or attribution, and without compensating you in any way, and to authorise others to do the same. Your license of any Contents or information submitted above extends to use for promotions, advertising, market research or any other lawful purpose, without limitation. For this reason, we ask that you do not post any Content that you do not wish to license to us, including any photographs, videos, confidential information, or product ideas. You may not take any inappropriate or unlawful actions, including the submission of inappropriate or unlawful Content to or through the Services, including Content that is harassing, hateful, illegal, profane, obscene, defamatory, threatening, or discriminatory, or that advocates, promotes, or encourages inappropriate activity, conduct that would be considered a criminal offence, or conduct that would give rise to civil liability or violate any law.
We reserve the right, at any time and without prior notice, to edit, remove or disable access to Content that we, in our sole discretion, consider being objectionable for any reason, in violation of these Terms or otherwise harmful to the Services, User, or for any other reason.
All of the Content is owned by us or our licensors and is protected by copyright, trademark, patent, and trade secret laws, other proprietary rights, and international treaties. You acknowledge that the Services and any underlying technology or software used in connection with the Services contain HappyPreggie’s proprietary information. You may not copy, distribute, republish (except as permitted in this paragraph), sell, or exploit any of the Content, or exploit the Site or Services in whole or in part, for any commercial gain or purpose whatsoever.
Ratings and Reviews
Ratings shown on the Services are only provided for the information of Users only, and existing ratings are based on the information given by third parties such as Vendors, Users or other review websites. We do not verify the rating given and are therefore not responsible for the accuracy of the existing rating, nor do the ratings constitute any endorsement (or otherwise) by us. In no event shall HappyPreggie be responsible or liable for any claims, losses or liability with respect to the ratings shown on the Site.
Great Deal, Promotional Item and Contest
All Promotional item, Voucher, Great Deal, Gift published or displayed in this website refer to ("Offer"). HappyPreggie, may from time to time provide certain Offer opportunities and contests to Users. All such Offer will be run at the sole discretion of HappyPreggie, and can be implemented, modified, or removed at any time without advance notification. You agree that you will use Offer in accordance with the terms and conditions governing the Offer. Any Offer may only be used once by any User, regardless of the email address used during registration. HappyPreggie reserves the right to withhold the benefits obtained through the use of Offer by you or any other User in the event that the use or redemption of the Offer was in error, fraudulent, illegal, or otherwise in violation of the terms and conditions or this Agreement.
You agree that we may, without prior notice, immediately terminate, limit your access to or suspend your access/membership, and any associated Services. Cause for such termination, limitation of access or suspension shall include, but not limited to, (a) breaches or violations or other incorporated agreement or guidelines, (b) requests by law enforcement or other government agencies, (c) discontinuance or material modification to the Services, (d) unexpected technical or security issues or problems, (e) extended periods of inactivity, (f) engagement by you in fraudulent or illegal activities, and/or (g) nonpayment of any fees owed by you in connection with the Services. Further, you agree that all terminations, limitations of access and suspension for cause shall be made in HappyPreggie's sole discretion and that we shall not be liable to you or any third party for any termination of your account/membership, any associated information or access to this website.
Termination of your access/membership includes any or all of the following (a) removal of access to all or part of the features, pages, information within the Services, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of all or part of the Services.
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