The domain name www.BabyRecord.in (hereinafter referred to as "Website") is owned by Kapow Ideas Marketing P. Ltd. (hereinafter referred to as the Company).
BabyRecord.in (hereinafter referred to as "BabyRecord") is a service for creating vaccination program alerts (via SMS and email) for children from the day of birth till thirteen years of age according to the vaccine schedule recommended by Indian Association of Paediatrics. BabyRecord offers Baby e-Record books containing the new born baby's growth and memories recorded in the form of text, pictures, audio and video clips.
For the purpose of these Terms of Service, wherever the context so requires "You" or "User" shall mean any natural or legal person who has agreed to become a user on the Website, by providing Registration Data while registering on the Website. Services provided by the website which do not require registration do not absolve You of the contractual relationship established by this Agreement.
BabyRecord is an online portal where Users can register for Vaccination alerts via SMS and email to remind your baby's vaccination due dates based on IAP's (Indian Academy of Paediatrics) Recommended Schedule and Your baby's date of birth. We strive to ensure that You are reminded of the vaccination due dates promptly and that Your baby's health is not compromised.
You will be subject to the rules, guidelines, policies, terms, and conditions applicable to any service that is provided by this site, and they shall be deemed to be incorporated into this Terms of Service and shall be considered as part and parcel of this Terms of Service.
The use of this Web site is available only to those above the age of 18, barring those 'Incompetent to Contract' which inter alia include insolvents and the same is not allowed to minors as described by the Indian Contract Act, 1872. Minors may use the site under the supervision of a parent or a legal guardian. The use of this Website is not limited to those above the age of 18 only however, is applicable to all barring those 'Incompetent to Contract' which inter alia include insolvents under the Indian Contract Act, 1872.
If You are a minor and wish to use the Website, you may do so through your legal guardian and BabyRecord reserves the right to restrict your usage of the Website on knowledge of You being a minor.
Further, We may access your details through your Facebook account if you link your Facebook account to your BabyRecord profile. You hereby grant us permission to access some information available on Your Facebook account as well as permission to access Your Friend list. BabyRecord may post on your behalf only with your express permission and the rights given to BabyRecord. Post can be revoked at any time by you.
We reserve the right to restrict access of part/whole of the Website for paying customers who may access this restricted area with a login ID and password.
Further, You are solely responsible for protecting the confidentiality of your username and password and any activity under the account will be deemed to have been done by You. In the case that You provide us with false and inaccurate details or BabyRecord has reasonable reasons to believe You have done so, We hold the rights to suspend Your account and/or terminate this Agreement without being held liable for the same.
The use of this Website is also Your consent to receive SMSs from Us at any time We deem fit. This consent to be contacted is for purposes that include and are not limited to clarification calls and marketing and promotional calls. Such calls shall be made after fixing an appointment with You via e-mail. In case You wish to stop contact with Us for the same, You may send Us a mail to the effect at firstname.lastname@example.org
We intend to provide vaccination programmes and alerts for upgrading the health of the children of India. In accordance with it, we will be sending alerts of various types and providing tips for protecting the health of the children, depending upon the package that you opt for.
You may register on the Website to receive alerts from us regarding the vaccination schedule as recommended by the Indian Association of Pediatrics by paying the amount which may range from Rs. 300/- to Rs. 1500/- and start using our service. You may also avail Printable chart and table of vaccination record of the baby. We will provide vaccination alerts as per schedule through SMS and email till the age of 13 years of the baby. We charge you only for the subscription and your baby's data/vaccination record maintenance.
However, in the event We are unable to deliver the services for the entire period as agreed, We shall intimate you promptly and provide you a notice period of ONE Year so that You may make suitable arrangements for administering the vaccines as required for your baby and keeping a schedule of the same. However, you understand that we are not liable to pay any refund for the same.
The content on the Website which includes all text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, design documents, content and artwork is a combination of Third Party content and our content. We have no control over such third party user generated content as we are merely an intermediary for the purposes of this Terms of Service. In the event of any of the Third Party Content infringing upon any Intellectual Property of any person, the User shall be held solely responsible for any loss caused and we shall not be liable. You may send as an email at email@example.com to report any such content.
Other than when expressly allowed, the use of such content and it being reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, Website or other medium for publication or distribution or for any commercial enterprise, without Our express prior written consent is not allowed.
Our Website also contains third party advertisements (that may or may not contain embedded hyperlinks or referral buttons to linked websites). The display of such advertising does not in any way imply an endorsement or recommendation by Us of the relevant advertiser, its products or services or any such Linked Website. You are referred to the relevant advertiser for all information regarding the advertiser and its products and/or services. We accept no responsibility to the extent permitted by law for any interaction between you and the relevant third party and is released from any liability arising out of or in any way connected with such interaction.
Those posting any form of User content on the Website must verify the truthfulness and authenticity of the particulars of the content, including the time, place and nature. Before allowing such content to be posted on the Website, We have the right and authority to verify the accuracy of such particulars related to the content with the respective sources provided by the User posting such content, if we feel that there is a need to check such accuracy.
We have the right to upload content on behalf of third parties, subsequent to collecting such information and verifying it if we deem it necessary. Notwithstanding this, we can in no way be held liable for any false or misleading information provided on the website or through message alerts as this information are collected from different sources protecting the health of the children.
In case any content is considered to be unlawful or against the law within any jurisdiction in which Our Website can be seen and accessed, it shall be removed forthwith by us on being intimated by the authorities of the respective jurisdiction that such content is deemed unlawful. We cannot be held liable or questioned for the same.
You are a restricted user of this Website.
7.1. You are bound not to cut, copy, distribute, modify, recreate, reverse engineer, post, publish, distribute, disseminate, or create derivative works from, transfer, or sell any information or software obtained from the Website. With Our prior permission, limited use may be allowed. 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.
7.2. You agree not to access (or attempt to access) the Website and/or the materials or Services by any means other than through the interface that is provided by the website. The use of deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website. You acknowledge and agree that by accessing or using the Website or Services, You may be exposed to content from other users that You may consider offensive, indecent or otherwise objectionable. We disclaim all liabilities arising in relation to such offensive content on the Website. Further, you may report such offensive content by sending us an e-mail to our official e-mail address.
7.3.This Website by nature allows you to upload information; you undertake to ensure that such material is in accordance with applicable laws. Further, You undertake not to:
a) Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of others;
b) Engage in any activity that interferes with or disrupts access to the Website or the Services (or the servers and networks which are connected to the Website);
c) Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
d) Publish, post, disseminate, any information which is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
e) Post any file that infringes the copyright, patent or trademark of other legal entities.
f) 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;
g) Download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally distributed in such manner;
h) Probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Website, or any other customer of the website, including any website Account not owned by You, to its source, or exploit the Website or Service or information made available or offered by or through the Website, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the Website;
i) Disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, accounts, passwords, servers or networks connected to or accessible through the Websites or any affiliated or linked sites;
j) Collect or store data about other users in connection with the prohibited conduct and activities set forth in this Section.
k) Use the Website or any material or Content for any purpose that is unlawful or prohibited by these Terms of Service, or to solicit the performance of any illegal activity or other activity which infringes the rights of this website or other third parties;
l) Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
m) Violate any applicable laws or regulations for the time being in force within or outside India;
n) Violate the Terms of Service including but not limited to any applicable Additional Terms of the Website contained herein or elsewhere;
o) Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
p) Threaten the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
q) Publish, post, disseminate information that is false, inaccurate or misleading; violate any applicable laws or regulations for the time being in force in or outside India;
r) Directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force
s) Create liability for Us or cause Us to lose (in whole or in part) the services of Our internet service provider ("ISPs") or other suppliers;
You may not transmit any chain letters or unsolicited commercial or junk email to other Users via the Website. It shall be a violation of these Terms of Service to use any information obtained from the Website in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person other than Us without Our prior explicit consent. While We shall not be held liable or answerable to Users for any such acts on Your part, violation of this clause would lead to potential criminal legal action against You, either by other Users of the Website or by Us.
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. You understand that We have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Website) 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.
We have no obligation, to monitor the material posted on the Website. We 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 Service. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE WEBSITE. In no event shall We 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 Website. You hereby represent and warrant that You have all the necessary rights in and to all Content which 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 libellous, tortuous, or otherwise unlawful information.
You hereby understand that the services provided by Us is mainly sending You alerts through email and SMSs regarding any imminent or oncoming vaccination due for the baby who is registered with Us with the date of birth.
We shall provide information of the due date of the vaccination and the kind of vaccination only. You hereby understand that the responsibility for the administration of the vaccine and the choice of medical practitioner is solely Yours. If You do not choose to administer any vaccine on Your child, You understand that any medical or legal liabilities that arise from such a choice is only Yours and We shall not be liable for any such actions committed by You.
You hereby understand that We shall not be liable for any error committed by the medical practitioner including but not limited to doctors, nurses, and pharmacists chosen by You from administering the vaccine.
Further We shall not be liable for any medical or legal concerns that may arise from the non – administration or wrongful administration of the vaccine. You understand that it is Your or Your medical practitioner's responsibility to identify the right vaccine and administer it properly.
We shall not be liable for any medical issues encountered by the baby despite the administration of the vaccine. You understand that Our responsibility is to intimate You of an impending vaccine and it ends with the intimation.
You understand that Our service delivery is dependent on technology which is the result of many factors working simultaneously. We shall not be responsible for any non-delivery of any email or SMS which are not within our control or falls under force majeure. We keep a diligent record of service delivery and if the email or the SMS is shown to be delivered from our end, We shall not be liable if the reminder has not reached You due to technical glitches or act of God. However if we identify the technical glitch or understand that the email or SMS has not been delivered, We shall do the needful to ensure the email or SMS reaches.
It is Your responsibility to update us of any change in Your contact information like Your phone number or email ID. The service shall be considered to be provided if the email or the SMS has been sent to the contact information provided to Us and We shall not be liable for any liability arising from the non receipt of this information because of any change in contact information.
While availing any of the payment method/s available on the Website, We will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to:
i.Lack of authorization for any transaction/s, or
ii.Exceeding the preset limit mutually agreed by You and between Bank(s), or
iii.Any payment issues arising out of the transaction, or
iv.Decline of transaction for any other reason(s)
All payments made against the products/services on the website by you shall be compulsorily in Indian Rupees. The Website will not facilitate transaction with respect to any other form of currency with respect to the purchases made on Website.
Payment Facility for Users:
i.You, as a User, understand that upon initiating a Transaction You are entering into a legally binding and enforceable contract with the Seller to purchase the products and /or services from the Seller using the Payment Facility, and You shall pay the Transaction Price through Your Issuing Bank to the Seller using Payment Facility.
ii.You, as a User, may agree with the Seller through electronic communication and electronic records and using the automated features as may be provided by Payment Facility.
We reserve the right to impose limits on the number of Transactions or Transaction Price which We may receive from on an individual valid Credit/Debit/Cash Card/Valid Bank Account/and such other infrastructure or any other financial instrument directly or indirectly through payment aggregator or through any such facility authorized by the Reserve Bank of India to provide enabling support facility for collection and remittance of payment or by an individual User during any time period, and reserves the right to refuse to process Transactions exceeding such limit.
We reserve the right to refuse to process Transactions by Users with a prior history of questionable charges including without limitation breach of any agreements by User with Us, or breach/violation of any law or any charges imposed by Issuing Bank or breach of any policy.
We may do such checks as it deems fit before approving the receipt of Transaction Price from the User for security or other reasons at Our discretion. As a result of such check if We are not satisfied with the creditability of the User or genuineness of the Transaction/Transaction Price, We will have the right to reject the receipt of Transaction Price.
We may delay notifying the payment confirmation, if we deem it suspicious or for Users conducting high transaction volumes to ensure safety of the Transaction and Transaction Price. In addition, We may hold Transaction Price or remit Transaction Price to law enforcement officials (instead of refunding the same to User) at the request of law enforcement officials or in the event the User is engaged in any form of illegal activity.
The User acknowledges that We will not be liable for any damages, interests or claims etc. resulting from not processing a Transaction/Transaction Price or any delay in processing a Transaction/Transaction Price which is beyond Our control.
The user of the Website shall comply with all the applicable laws including without limitation Foreign Exchange Management Act, 1999 and the rules made and notifications issued there under and the Exchange Control Manual as may be issued by the Reserve Bank of India from time to time, Customs Act, Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made there under, Foreign Contribution Regulation Act, 1976 and the rules made there under, Income Tax Act, 1961 and the rules made there under, Export Import Policy of government of India) applicable to them respectively for using Payment Facility and the website.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
THE WEBSITE, SERVICES AND OTHER MATERIALS THAT ARE PROVIDED BY THIS WEBSITE IS ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, BabyRecord MAKES NO WARRANTY THAT:
I.YOUR REQUIREMENTS WILL BE MET OR THAT SERVICES PROVIDED WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE;
II.MATERIALS, INFORMATION OBTAINED AND RESULTS WILL BE EFFECTIVE, ACCURATE OR RELIABLE;
III.ANY ERRORS OR DEFECTS IN THE WEBSITE, SERVICES OR OTHER MATERIALS WILL BE CORRECTED.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE WILL HAVE NO LIABILITY RELATED TO USER CONTENT ARISING UNDER INTELLECTUAL PROPERTY RIGHTS, LIBEL, PRIVACY, PUBLICITY, OBSCENITY OR OTHER LAWS. BabyRecord ALSO DISCLAIMS ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF ANY USER CONTENT.
THE USER UNDERSTANDS AND AGREES THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEBSITE IS DONE ENTIRELY AT THEIR OWN DISCRETION AND RISK AND THEY WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THEIR COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. WE ARE NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERROR LEADING TO AN INVALID COUPON. BabyRecord ACCEPTS NO LIABILITY FOR ANY ERRORS OR OMISSIONS, WITH RESPECT TO ANY INFORMATION PROVIDED TO YOU WHETHER ON BEHALF OF ITSELF OR THIRD PARTIES.
WE SHALL NOT BE LIABLE FOR ANY THIRD PARTY PRODUCT OR SERVICES.
IN NO EVENT SHALL WE OR OUR OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT FORESEEABLE OR WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BASED ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ANY OTHER CLAIM ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR ACCESS TO THE WEBSITE, SERVICES OR MATERIALS.
THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions, with the exception of the provision determined unlawful and/or enforceable, will continue in effect and would be applicable to all the Users. If any unlawful and/or unenforceable provision would be lawful or enforceable if a part of the provision was removed and if that part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect and be applicable to all Users.
Our failure to insist upon or enforce your strict compliance with the Agreement will not constitute a waiver of any of our rights.
All information, content, services and software displayed on, transmitted through, or used in connection with the Website, including for example news articles, reviews, directories, guides, text, photographs, images, illustrations, audio clips, video, html, source and object code, trademarks, logos, and the like (collectively, the "Content"), as well as its selection and arrangement, is owned by Us, and its affiliated companies, licensors and suppliers. You may use the Content online only, and solely for your personal, non-commercial use, and you may download or print a single copy of any portion of the Content solely for your personal, non-commercial use, provided that you do not remove any trademark, copyright or other notice from such Content.
If you operate a Website and wish to link to BabyRecord, you may do so provided you agree to cease such link upon request from us. No other use is permitted without prior written permission from us.
You may not republish any portion of the Content on any Internet, Intranet or extranet site or incorporate the Content in any database, compilation, archive or cache. You may not distribute any Content to others, whether or not for payment or other consideration, and you may not modify, copy, frame, cache, reproduce, sell, publish, transmit, display or otherwise use any portion of the Content. You may not scrape or otherwise copy our Content without permission. You agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the Website, not to insert any code or product or manipulate the content of BabyRecord in any way that affects the user's experience, and not to use any data mining, data gathering or extraction method.
We respect the intellectual property of others. If you believe your work has been copied in a way that constitutes copyright infringement or are aware of any infringing material on the Website, please contact us at the address listed below under the heading "Contact Us."
User-Provided Information and Content By providing information to, communicating with, and/or placing material on, the Website, including for example communication during any registration, communication on the bulletin board, message or chat area, posting any resume or other content, placing any classified advertisement, entering any sweepstakes, etc., you represent and warrant:
i.you own or otherwise have all necessary rights to the content you provide and the rights to use it as provided in this Terms of Service;
ii.all information you provide is true, accurate, current and complete, and does not violate these Terms of Service;
iii.The content will not cause injury to any person or entity. Using a name other than your own legal name is prohibited. For all such information and material, you grant us, a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, copy, modify, display, archive, store, distribute, reproduce and create derivative works from such information, in any form, media, software or technology of any kind, now existing or developed in the future. Without limiting the generality of the previous sentence, you authorize Us to share the information across all Our affiliated Websites, to include the information in a searchable format accessible by users of the Website and other affiliated websites, and to use your name and any other information in connection with its use of the material you provide. You also grant the right to use any material, information, ideas, concepts, know-how or techniques contained in any communication you send to us for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information. All rights in this paragraph are granted without the need for additional compensation of any sort to you.
Please note we do not accept unsolicited materials or ideas for use or publication, and are not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to us. Should You send any unsolicited materials or ideas, You do so with the understanding no additional consideration of any sort will be provided to You, and You are waiving any claim against us and our affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the idea you sent
These Terms of Service will be governed by and construed in accordance with the laws of India without regard to its conflicts of law provisions. You hereby agree that any cause of action you may have with respect to BabyRecord must be filed in India within two months of the time in which the events giving rise to such claim began, or you agree to waive such claim. You agree no such claim may be brought as a class action. If for any reason any provision of this Agreement is found unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected in that provision, and the remainder of the Agreement shall continue in full force and effect. Any failure of BabyRecord to enforce or exercise any provision of this Agreement or related right shall not constitute a waiver of that right or provision. The section titles used in this Agreement are purely for convenience and carry with them no legal or contractual effect. In the event of termination of this Agreement for any reason, you agree the following provisions will survive: the provisions regarding limitations on your use of Content, the license(s) you have granted to BabyRecord, and all other provisions for which survival is equitable or appropriate.
All disputes including but not limited to rights conferred, compensation, refunds, and other claims will be resolved through a two-step Alternate Dispute Resolution mechanism.
Stage 1: Mediation: In case of a dispute, the matter will first be attempted to be resolved by a sole mediator who is a neutral third party and will be selected at the mutual acceptance of a proposed mediator by both parties. Both parties may raise a name for sole arbitrator and in the case both parties accept the proposed name, the said person shall be appointed as sole mediator. In the case the parties are not able to reach a consensus within two proposed mediators, BabyRecord reserves the right to decide who the final mediator is. The decision of the mediator is not binding on both parties however; the parties in good faith will attempt to bind by the decision.
Stage 2: Arbitration: In the case that mediation does not yield a result suitable or preferred by any one of the parties, arbitration may follow, the award of which is binding on both parties. The Arbitration Board is to comprise three members. One is to be appointed by each party and the third member is to be nominated by the two appointed members by mutual consent between them. The award as the outcome of the arbitration is final and binding on both parties and there shall be no further remedy available to both parties. The arbitration proceedings will take place in the English Language and will be situated in India. The mode of appointment of the arbitrators is as provided above.
The content on the website is general in nature and summarized, and is provided for informational purposes only. The content of the Website and mobile application, including without limitation, text, copy, audio, video, photographs, illustrations, graphics and other visuals, is for informational purposes only and does not constitute professional advice, or recommendations of any kind.
We do not assure any liability for the contents of any material provided on the Website. Any opinions expressed on the Website are the opinions of the authors. Relying on any information provided by us, other visitors to the Website is solely at your own risk. This Website/We assume no liability or responsibility for damage or injury to persons or property arising from any use of any product, information, idea, or instruction contained in the materials provided to you. We reserve the right to change or discontinue, at any time, any aspect or feature of this Website.
You do hereby grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright, publicity, and database rights you have in Your information, in any media now known or not currently known, with respect to Your information to enable Us to use the information for the purpose of providing the Services
You release and indemnify Us and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Website and specifically waive any claims that you may have in this behalf under any applicable law. Please note that there could be risks in dealing with underage persons or people acting under false pretence.
We reserve the right to change these Terms of Service at any time in its discretion and to notify users of any such changes solely by changing this Terms of Service. Your continued use of the Website after the posting of any amended Terms of Service shall constitute your agreement to be bound by any such changes. Your use of this Website prior to the time this Terms of Service was posted will be governed according to the Terms of Service that applied at the time of your use.
We may modify, suspend, discontinue or restrict the use of any portion, including the availability of any portion of the Content at any time, without notice or liability. We may deny access to any person or user at any time for any reason. In addition, we may at any time transfer rights and obligations under this Agreement to any affiliate subsidiary or business unit, or any of their affiliated companies or divisions, or any entity that acquires Babyrecord or any of their assets.
We hereby reserve the right to block usage of the Website if any breach of the Terms of Service is caused by a User. This can in no way be construed as a waiver of any legal right under Indian law to claim any damages or initiate any legal proceedings against the User.y