Terms & Conditions
1. ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE:
3. COPYRIGHT POLICY / INFRINGING MATERIAL / DMCA POLICY:
You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information owned or controlled by someone else without obtaining the prior written consent of the owner of such proprietary rights. If you are notifying babybling.ae of alleged copyright infringement, please be sure to provide the following information: 1. A description of the copyrighted work that you allege is being infringed, or, if multiple copyrighted covered by a single notification, a representative list of such works; 2. A description of the allegedly infringing material and information sufficient to permit us to locate the material; 3. Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and/or an electronic mail address; 4. A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, or its agent, or the law; and 5. A statement by you that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed. We may terminate the privileges of any user who uses the Site or Services unlawfully to transmit copyrighted material without a license, express consent, valid defense or fair use exemption to do so.
4. DESCRIPTION OF SERVICE:
babybling.ae provides users with a variety of online services, including but not limited to: 1. You may search for gift products based on a specified price range, the occasion for which you would like to purchase a gift. You can email a gift product to another person by clicking on a gift idea in a results listing, and then clicking on "email" under the product's description. 2. You may search for gifts by clicking on Occasion Category or Category Lists at the top of any page on babybling.ae. 3. Purchases: babybling.ae allows you purchase products directly via the babybling.ae store which will be governed by these Terms of Services.
5. SERVICES VOID WHERE PROHIBITED:
Use of the Services is void where prohibited. By using this Service, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all the Terms of Service of this Agreement.
You have the option to register with babybling.ae if you want to create and access your profile, purchase a product and view and edit your profile. In order to register with babybling.ae you must supply a valid email address, which will be used as a unique identifier for your account, and a password. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under the password. By logging into the Site, you represent and warrant that: (i) you are a customer who registered for the services; (ii) that you are using the services only for permitted purposes; and (iii) you are not a competitor of babybling.ae, or agent thereof. You will immediately notify us of any unauthorized use of the password or account or any other breach of security. You agree to exit from your account at the end of each session. If you create an account, you represent and warrant that: (i) you will not select or utilize a user name of another person with the intent to impersonate that person; (ii) you will not select or utilize a user name in which another person has rights, if you do not have that person’s authorization to use such name; (iii) you will not select or utilize a user name that babybling.ae in its sole discretion deems offensive; and (iv) you are not a competitor of babybling.ae, or agent thereof.
7. NO "SPAMMING":
You must not use any feature of the babybling.ae Service for chain letters, junk mail, or "Spamming" nor make any use of the distribution lists in a manner involving any person who has not given specific permission to be included in such a process. An email advertisement which is (a) addressed to a recipient with whom you do not have an existing business or personal relationship and (b) is not sent at the request of or with the express consent of the recipient to receive such communications from you ("Spam" or "Spamming") is strictly prohibited by babybling.ae. If you use any feature of the babybling.ae Service for the purpose of sending Spam, theperfectgift.ae reserves the right to immediately terminate your access to the babybling.ae Service and to seek appropriate legal recourse as necessary. If you believe that other users are using the babybling.ae Service for Spam, please notify babybling.ae by email or phone.
9. ORDERING PRODUCTS AND SERVICES:
You must be 18 years or older, and have a valid credit card, with full authority to use it, to submit an order for products or services through the Site.
Prices; Colors; Availability: All prices listed on the Site are subject to change. In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, we shall have the right, prior to acceptance of your order pursuant to our Order Acceptance Policy described below, to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we shall immediately issue a credit to your credit card account in the amount of the charge. Please note that the colors of the items and products may depend on your monitor and may not be correctly displayed. The availability of products and other items on the Site may change at any time, without notice.
Order Acceptance Policy: Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline your order for any reason. We reserve the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. We may require additional verifications or information before accepting any order. Notwithstanding the foregoing, you agree that, if we cancel all or a portion of your order or if we provide you less than the quantity you ordered, your sole and exclusive remedy is that we will issue a credit to your credit card account in the amount charged for the cancelled portion or the quantity not provided. Payment Terms: For each product or service you order on the Site, you agree to pay the price applicable for the product or service (including any delivery fees for the delivery service you select) as of the time you submitted the order. Unless you and babybling.ae have agreed to an alternate billing arrangement in writing signed by Perfect Gift FZC, babybling.ae will automatically bill your credit card submitted as part of the order process for such price. All prices are non-refundable. Your purchase is not exempt merely because it is made over the Internet or by other remote means.
Specials and Promotions: Please read the official rules that accompany each special offer, coupon and discount that we may offer or conduct. Special offers, coupons, or discounts cannot be used in conjunction with other offers. Limit one promotion per order.
Shipping and Delivery: babybling.ae, in conjunction with our service providers, currently deliver to Dubai only. We will attempt to deliver in the estimated timeframe. We will use all reasonable endeavours to ensure that delivery will be on the requested delivery date or during the delivery period. You acknowledge that delivery dates are non-binding estimates only and that you have no claim against us for any delays or early deliveries. A few products may not be available for same day delivery. Such information is given in the respective product page. We cannot guarantee the time of delivery. All products are deemed accepted upon our delivery of the product to the designated recipient's address. babybling.ae is not responsible for Flowers, plants, fruits, cakes, chocolates, sweets, gift products and preserved items decreased quality due to:
Incorrect delivery addresses supplied by the sender or a re-route requested by the sender.
Unsuccessful deliveries arising from the recipient not being present at time of delivery at the address supplied by the sender.
Product quality problems caused by improper handling by the recipient.
Order Cancellation Policy and Return Policy: babybling.ae does not allow orders to be edited or cancelled after submitted. All sales are final and products may not be returned, except as expressly permitted in these Terms of Service. In the event (a) you received the incorrect item or (b) the product was broken, damaged or otherwise inoperable, babybling.ae may, in its sole discretion, provide a credit note for the purchase price or allow you to exchange the product.
10. NO RESALE OR COMMERCIAL USE, ABUSE OF THE SERVICE:
Your right to use the babybling.ae Service is personal to you. You agree not to resell or make any commercial use of the babybling.ae Service without the express consent of babybling.ae. You may not create bots or other computer generated automatic tools to abuse the babybling.ae Service in any manner. Use that constitutes abuse shall be determined by babybling.ae in its sole discretion. babybling.ae reserves the right to terminate your account if babybling.ae determines you have not complied with these Terms of Service.
11. USER CONDUCT:
babybling.ae reserves the right, but does not assume the responsibility, to monitor or review your conduct on the babybling.ae Site. Your use of the babybling.ae Service is subject to all applicable local, national and international laws and regulations. In using the babybling.ae Service you agree not to: 1)Use the babybling.ae Service for illegal purposes; 2)Interfere or disrupt networks connected to the babybling.ae Service or violate the regulations, policies or procedures of such networks; 3)Use the babybling.ae Service in connection with chain letters, junk mail, surveys, contests, pyramid schemes, or use any distribution lists including any person who has not given specific permission to be included in such a process (commercial or otherwise); 4)Transmit through the babybling.ae Service any unlawful, harassing, defamatory, abusive, threatening, harmful, vulgar, obscene, sexually explicit, or otherwise objectionable material of any kind or nature; 5)Invade another's privacy or violate rights of publicity or intellectual property rights (including but not limited to copyright, trademark and patent rights) while using the babybling.ae Service; 6)Transmit through the babybling.ae Service any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation; 7)Interfere with another User's use and enjoyment of the babybling.ae Service; 8)Defame, abuse, harass, stalk, threaten or violate the legal rights (such as rights of privacy and publicity) of any other user; 9)Create a false identity for the purpose of misleading others as to your identity; 10)Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity that is not a user of the babybling.ae Service any directory of babybling.ae’s users or usage information or any portion thereof other than in the context of your use of the Service as permitted under these Terms of Service; 11)Transmit or upload any material that contains viruses, trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious programs; 12)Attempt to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or any other means; or 13)Engage in any other conduct which, in babybling.ae’s sole discretion, is considered inappropriate, unauthorized or objectionable.
You are solely responsible for maintaining the confidentiality of your password and account, and for any and all activities that occur under your account. You may change your password or any other account information at any time by going to your My Account page once you have logged in. You may also set up a new account at your convenience. You agree to notify babybling.ae immediately of any unauthorized use of your account or any other breach of security known to you. You must promptly inform babybling.ae of actual or apparent breaches of security, such as loss, theft, or authorized disclosure or use of a user account or password. Until babybling.ae is notified of a breach in security, you will remain liable for any unauthorized use of the babybling.ae Service through your account. In consideration for using the babybling.ae Service, you agree to: (1) provide certain current, complete, and accurate information about you when prompted to do so by the Service, and (2) maintain and update this information as required to keep it current, complete and accurate. If any information provided by you during your original registration or in your My Account is inaccurate, babybling.ae reserves the right to terminate your account immediately and your right to use the babybling.ae Service.
You agree to indemnify and hold babybling.ae, its parent, subsidiary, affiliate, officers, employees, agents, directors, successors and assigns harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Site or Service, the violation of these Terms of Service by you, the infringement by you (or other user of the Service using your account) of any intellectual property or other right of any person or entity or violation of any local law or regulation.
14. MODIFICATIONS TO THE SERVICE AND TO TERMS OF SERVICE:
babybling.ae reserves the right to modify or discontinue the babybling.ae Service without notice to you. babybling.ae shall not be liable to you if babybling.ae modifies or discontinues its Service. babybling.ae reserves the right to change these Terms of Service at any time, effective immediately upon posting on our Site. If you violate these Terms of Service, we may terminate your use of the Site, bar you from future use of the Site or Services, and/or take appropriate legal action against you. You may print a copy of these Terms of Service using the print feature in your browser. We suggest retaining a copy for your future reference. It is your responsibility to periodically visit the "Terms of Service" link at the bottom of our home page to review the most current version of the Terms of Service. You may use your browser to print copies of any updated Terms of Service.
15. TRANSACTIONS WITH 3RD PARTY ORGANIZATIONS:
babybling.ae shall not be liable for your interactions with any merchants and/or retailers found on or through the babybling.ae Service. This includes, but is not limited to, payment and delivery of goods and services, and any other terms, conditions, warranties or representations associated with such dealings. These dealings are solely between you and such merchants and/or retailers. babybling.ae is under no obligation to become involved in disputes between participants on the babybling.ae Service, or between participants on the babybling.ae Service and any third party.
16. LINKS TO THIRD PARTY SITES:
Any web sites that are accessible via links included within the babybling.ae Service that take you out of the babybling.ae Service are not under babybling.ae control and babybling.ae shall not be responsible for the content, products or services of any linked website. All such websites shall be subject to the policies and procedures of the owner of such websites. We encourage you to read those policies and know your rights under any web site you visit.
17. VIOLATION OF TERMS BY OTHER USERS:
babybling.ae asks that you participate in ensuring that all users follow the terms of these Terms of Service by reporting any user reviews or other postings or messages that violate these terms. To report a violation of these Terms of Service, please email us at firstname.lastname@example.org.
18. DISCLAIMER OF WARRANTIES / LIMITATION OF LIABILITY:
Disclaimer of warranties: you expressly agree that your use of the site, service and products purchased is at your sole risk. The site, service and products purchased are provided on an "as is" and "as available" basis. Babybling.ae expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Babybling.ae makes no warranty that its service will meet your requirements, or that its service will be uninterrupted, timely, secure, or error free. Babybling.ae makes no warranty as to the results that may be obtained from the use of the service or as to the accuracy or reliability of any information obtained through the service or that defects in the software will be corrected. You acknowledge that babybling.ae does not control content, information, products or services offered by advertisers, third parties or other users on or through the service, including but not limited to information, products, or services provided by license to babybling.ae from third parties or content provided by other users. Babybling.ae assumes no responsibility for and makes no warranty or representation as to the accuracy, currency, completeness, reliability, usefulness or decency of content or products distributed or made available by third parties (including but not limited to advertisers and users) through the babybling.ae service. You will be solely responsible for any damage to your computer system or loss of data that results from your attempt to download any material from the babybling.ae service. Babybling.ae makes no warranty regarding any goods or services purchased or obtained through its service or any transactions entered into through its service. No advice or information, whether oral or written, obtained by you from theperfectgift.ae or through the babybling.ae service shall create any warranty not expressly made herein. Some jurisdictions do not allow the exclusion of certain warranties, therefore some of the above exclusions may not apply to you.
Limitation of liability: you agree that, except as explicitly set forth herein, babybling.ae, its directors, officers, employees, representatives, successors, licensors, and suppliers shall not be liable to you or any third party for any of the following types of damages related in any way to our relationship with you (including our products, services, or content) or third-party materials or web sites: indirect, exemplary, special, incidental, punitive or consequential damages, or damages for loss of profits, revenue, data or use, incurred by you or any third party, whether in an action in contract or tort, related to our products or your access to, and use of, our sites or any other hyper-linked third party web site, even if we have been advised of, or are aware of, the possibility of such damages. Notwithstanding anything to the contrary, our liability to you for any damages arising from or related in any way to our relationship with you (including our products, services, or site content), or third-party materials or web sites (for any cause whatsoever and regardless of the form of the action), will at all times be limited to the amount paid to babybling.ae for the applicable transaction giving rise to the liability, or, if there is no paid transaction related to the liability, the lesser of the amounts paid by you to babybling.ae in the prior twelve (12) months and two hundred uae dirhams (aed200).
Basis of the bargain: the warranty disclaimer and limitation of liability set forth above are fundamental elements of the basis of the agreement between babybling.ae and you. Babybling.ae would not be able to provide the sites (including the products, services, and content) on an economically acceptable basis without such limitations. The warranty disclaimer and limitation of liability inure to the benefit of babybling.ae suppliers.
19. DISPUTE RESOLUTION:
Each party agrees pays its own attorneys fees and expenses unless there is a governing statutory provision that requires the prevailing party to be paid attorneys fees and expenses. Notwithstanding the foregoing, to the extent the Dispute arises from a violation of your or babybling.ae intellectual property rights in any manner, both parties agree that the non-infringing party may seek injunctive remedies (or an equivalent type of urgent legal relief) in a state or federal court consistent with the "Governing Law" section below, and both parties consent to exclusive jurisdiction and venue in such courts.
Waiver of Class Arbitration: To the fullest extent permissible under applicable law, all Disputes shall be resolved by binding confidential arbitration on an individual basis. You expressly agree that no other Disputes shall be consolidated or joined with your Dispute, whether through class arbitration proceedings or otherwise ("Class Arbitration"). You further acknowledge and agree that any arbitrator assigned to a Dispute lacks the authority to conduct Class Arbitration and that such arbitrator shall only hear individual Disputes. By using the Site or Service, you acknowledge that you are voluntarily and knowingly waiving any right to participate as a representative or member of any class of claimants pertaining to any Dispute subject to arbitration under these Terms of Service, such that you shall not be entitled to arbitrate any Dispute as a representative, a class action or in a private attorney general capacity.
Governing Law: These Terms of Service and all Disputes shall be governed in all respects by the laws of the UAE, as they apply to agreements entered into and to be performed entirely within UAE between UAE residents, without regard to conflict of law provisions. Further in any arbitration, both parties agree the arbitrator shall honor claims of privilege and privacy recognized under UAE law.
Severability: If any portion of this "Dispute Resolution" section (with the exception of your Waiver of Class Arbitration) is deemed invalid or unenforceable by any arbitrator or court of competent jurisdiction, the invalid or unenforceable portion shall be severed and removed from the Terms of Service, and the remaining portions (including your Agreement to Arbitrate Disputes) shall remain binding on you and babybling.ae. However, if any arbitrator deems your Waiver of Class Arbitration to be invalid or unenforceable, then this entire "Dispute Resolution" section shall be null and void. Under such circumstances, you expressly acknowledge and agree that: (i) all Disputes shall be governed in all respects by the laws of the UAE as they apply to agreements entered into and to be performed entirely within UAE between UAE residents, without regard to conflict of law provisions; (ii) all Disputes shall be resolved by court located in the UAE; and (iii) you will submit to the personal jurisdiction of court for the purposes of litigating such Disputes. Put differently, you agree that your Waiver of Class Arbitration cannot be severed from your Agreement to Arbitrate Disputes. Unless otherwise agreed to in writing, you expressly acknowledge and agree that it is your intent and the intent of babybling.ae not to proceed with any Dispute by way of Class Arbitration.
20. OUTSIDE THE UAE:
We make no representations that the Site, Service, Content or products available for purchase are appropriate for access or use outside the UAE. Those who choose to access our Site or Service from outside the UAE do so on their own initiative and are responsible for compliance with local laws. If any provision within the Terms of Service is held to be invalid or unenforceable, such provision shall be struck and all remaining provisions shall be enforced.
21. GENERAL PROVISIONS:
If any provision of the Terms of Service is held to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force and effect and the invalid, void, or unenforceable provision shall be deemed modified so that it is valid and enforceable to the maximum extent permitted by the law. Section titles in the Terms of Service are for convenience and do not define, limit, or extend any provision of the Terms of Service. As used herein, the term "including" means "including without limitation". Our failure to enforce any right or provision shall not operate as a waiver of such right or provision. Neither party is the agent or partner of the other party. These Terms of Service may not be assigned by you without our prior written consent and any attempted assignment in violation of the foregoing shall be null and void. We may assign any of our rights under these Terms of Service without your prior written consent, to any third party. The terms of these Terms of Service shall be binding upon permitted assignees. babybling.ae may give notice to you by e-mail, a posting on the Site, or other reasonable means. You must give notice to babybling.ae in writing via e-mail or as otherwise expressly provided bybabybling.ae.
babybling.ae, in our sole discretion, may terminate the babybling.ae Service or your use of the Service at any time, for any reason, or no reason, including without limitation, if your conduct fails to conform to the terms and conditions of these Terms of Service. babybling.ae shall not be liable to you or any third party for termination of the babybling.ae Service or termination of your use of the babybling.ae Service. You may terminate your participation in the babybling.ae Service by notifying babybling.ae. Should you object to any terms and conditions of the Terms of Service or any subsequent modifications babybling.ae makes to the Terms of Service, your only recourse is to immediately: (1) discontinue use of the babybling.ae Service; and (2) notify babybling.ae of your termination and, at your discretion, notify babybling.ae of the reasons for your termination. Upon termination of your use of the babybling.ae Service, your right to use the babybling.ae Service shall cease immediately. You shall have no right and babybling.ae will have no obligation thereafter to forward any unread or unsent messages to your or any third party on your behalf. Further, your termination of use of the Site or Service shall not terminate any terms which by their nature shall survive, including without limitation, Sections 1 to 3, 5, 6, 8, 9, 10, 12 to 15,18 to 22.