Terms of Use and Terms and Conditions of Services

Baby Space Private Limited (“Baby Space”, “we”, “us”, “our”) is a service provider and digital publisher and is India’s first all-inclusive digital platform for providing health, wellness and lifestyle services on parenthood and pregnancy, focused on pregnant women, babies, parents, prospective parents and families. Baby Space provides a platform for its users to access and connect to a larger base of people, organizations and causes. These Terms of Use and Terms and Conditions of Service (“Terms”) govern your access and use of Baby Space’s platform www.babyspace.in (“Website”) and other Baby Space products and services you avail of (“Services”).

Please read the Terms carefully, along with Baby Space’s Privacy Policy, which provides the User (defined herein) more information on how we collect, process and disseminate your information, before you start using the Services.

By mere use of the Website (including accessing or browsing), you shall be contracting with Baby Space and the Terms shall be deemed to be and construed as may be applicable to you. These terms and conditions, along with any policies referred to herein, constitute your binding obligations with Baby Space. By using this Website, you acknowledge that you have read, understood and agreed to be bound by these Terms (including the Privacy Policy, which is incorporated herein by reference) and all applicable laws and regulations. If you do not agree with any of such terms and conditions, please do not access the Website or avail of our Services.

It is your responsibility to review these Terms periodically. If changes are made to any of our policies and/or terms and conditions of use, your continued use of the Website, after such changes are made, will signify your acknowledgement, acceptance and agreement to be bound by the revised Terms, Privacy Policy and/or other company policies.

The Services are offered and available to users who are 18 years of age or older. By using the Services, you represent and warrant that you meet the foregoing eligibility requirement. If you do not meet this requirement, you must not access or use the Services.

These Terms are published in accordance with the Information Technology Act, 2000 and the rules and regulations made thereunder (collectively, the “IT Act”), and other laws as may be applicable. This document is an electronic record and all amended provisions pertaining to electronic records in various statutes, as amended by the IT Act, will be applicable.

This electronic record is generated by a computer system and does not require physical or digital signatures. You agree that the Terms, along with your continued use of the Services, has the same legal force and effect as a written contract with your written signature and satisfy any laws that require a writing or signature. You further agree that you shall not challenge the validity, enforceability or admissibility of these Terms on the grounds that it was electronically transmitted or authorised.

Disclaimers:

Baby Space is a service provider and digital publisher and does not offer personal, health or medical advice. Our Website services, content and other offered products are only for informational and educational purposes. Baby Space does not provide medical advice, diagnosis, prescription or treatment.

Content published on our Website is developed in collaboration with licensed medical and/or healthcare professionals and other external contributors. Our content, including text, graphic, images and other material contained on the Website, mobile or computer application, newsletters and products (“Content”) is general in nature and for informational purposes only. Our Content does not constitute medical advice, neither is it intended to be a substitute professional medical advice, diagnosis or any treatment. We urge you to always consult your doctor and/or healthcare provider for any questions you may have regarding a medical condition, procedure or treatment, prescription medication or over-the-counter drugs and/or medication, vitamins, supplements or herbal alternatives. Baby Space makes no guarantees about the efficacy or safety of products or treatments described on Baby Space’s Content. Health conditions or treatments and drug information contained are subject to change and are not intended to cover all possible uses, directions, precautions, warnings, drug interactions, allergic interactions or adverse effects. Baby Space does not recommend, advise or endorse any specific tests, clinics, health care providers, products, procedures, treatments, prescriptions, opinions, services or other information that may be mentioned in Baby Space’s Content published on its digital platforms.

If you’re facing a medical emergency and have any medical conditions, please reach out to your local medical or emergency services immediately or visit the nearest emergency room or urgent care centre. You should consult your doctor and/or healthcare provider before starting any nutrition, diet, exercise, fitness, medical or wellness programme.

A. Terms of Use

1. About Baby Space, The Website And Related Services

1.1 Baby Space Private Limited, is an Indian company duly incorporated under the Indian Companies Act, 2013, with its registered office at Baby Space Pvt. Ltd., D-16, 2nd Floor, Acme Industrial Estate, Minerva Industrial Premises, Sewree East, Mumbai 400015. The Website domain name is owned by Baby Space Private Limited.

1.2 Baby Space is a service provider and a digital publisher and provides educational and platform services, which can be utilized by Users and persons browsing the Website to reach a larger base of people, organisations and causes. You acknowledge and agree that Baby Space merely provides Users with a platform for information and communication, and it is agreed that interactions between Users, whether gratuitous or otherwise, shall be bipartite between the persons making such interactions only.

1.3 The Website is a platform that pregnant women, babies, parents, prospective parents and families may look to for information on health, wellness and lifestyle matters pertaining to infanthood, parenthood and pregnancy. Users may interact with other Users and professionals/experts in India, based on concerns they may have or to share information. All information provided is for educational purposes only, and should not be construed to substitute medical advice.

1.4 Your contract is with Baby Space and you confirm that the platform Services availed by you are for your informational and educational purposes, and is for your own/personal purpose and not for re-sale/business or other commercial purposes. You authorize us to declare and provide any declaration to any governmental authority on your behalf stating the aforesaid purpose of the Services availed of by you on the Website.

2. Permitted Use

Users: For the purpose of these Terms and other Baby Space policies applicable to you, ‘you’, ‘your’ or ‘User’ shall mean any natural or legal person that registers on our Website, or signs up for our Services through an Associated Partner (via the Associated Partner Interface (“API”)). For more information on how our Users interact on the Website, please refer to Part B of these Terms.

2.1 Experts: Medical and/or healthcare professionals or experts in various fields that have been onboarded by Baby Space to verify published information. Some of our Experts may also interact with Users on the Website to provide information about health, wellness and/or lifestyle concerns regarding parenthood and/or pregnancy. For completeness, information shared by Experts shall be for informational and educational purposes only and is not intended and shall not constitute medical advice of any kind.

2.2 Unregistered Users: All persons are permitted to browse the Website, even without providing registration data/registering on the Website. However, such persons cannot interact with other Users or Experts without prior registration, and may only be able to avail of limited other offerings. Persons that do not register with Baby Space may only browse the Website.

2.3 Minors: Baby Space’s Website and related Services are available only to Users who are over the age of legal majority, and who can form binding agreements under applicable law. If the User is under the age of 18 years (“minor”), the User may not access the Website or avail of any of Baby Space’s products or Services.

2.4 If you are registering as a legal entity such as an NGO, other organization or legal person, not being a natural person, you represent that you are duly authorized by the NGO, organization or legal person to accept and be bound by these Terms and policies referred to herein.

2.5 By registering and creating an account on the Website, you shall be responsible for maintaining confidentiality of your log-in credentials (log-in name, password), own medical and personal information with respect to other Users, and for all activities that occur through your account.

2.6 You agree that all the information you provide Baby Space is true, accurate and complete. If any information provided by you is inconsistent, inaccurate, not current or incomplete, and if we have reasonable grounds to suspect that your information is inconsistent, inaccurate, not current or incomplete, or not in accordance with these Terms or other Baby Space policies referred to herein, we reserve the right to indefinitely suspend, block access or terminate your registration with Baby Space, at our sole discretion, without providing any reason to you and without the liability to make any payment to you.

3. Prohibited Use

3.1 Use of the Website is not available to persons that cannot form legally binding contracts under the Indian Contract Act, 1872 (“Contract Act”). Persons who are ‘incompetent to contract’ within the meaning of the Contract Act, i.e., minors, undischarged insolvents, etc. are not eligible to use the Website. Such persons shall not register on Baby Space, transact directly, or use the Website without obtaining such necessary consent.

3.2 While accessing the Website or availing of any Services offered by Baby Space, the User shall not:

  • (i) act in violation of applicable law,
    (ii) engage in activities that will cause wrongful loss or wrongful gain to any person,
    (iii) access the Website or use the Services in such a way that adversely affects the performance or function of the Website and related Services or interferes with the ability of any other User (unregistered or otherwise) or legal or natural person to access the Website and related Services,
    (iv) provide false or misleading information to Baby Space,
    (v) upload unlawful or objectionable content on the Website,
    (vi) use or access the Website, Services, information or software available for the Services in any manner not expressly permitted by Baby Space, or
    (vii) input or upload information that contains viruses, trojans, worms, time bombs or other computer programming routines that are intended to damage, interfere with intercept or expropriate any system.

3.3 If the User breaches any of the terms and conditions contained in Baby Space’s Terms and other policies in any way, at its sole discretion, Baby Space may take such action as we deem appropriate to deal with the breach, including suspension of access to the Website and/or Services, blocking computers using your IP address from accessing the Website, contacting your internet service provider to request that they block your access to the Website and/or bringing court proceedings upon you.

4. User Interaction

4.1 The Website allows Users to interact with other Users and/or Experts regarding causes, concerns or other content, which may originate from the User, including but not limited to text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and artwork (“User Content”). Please be advised that such User Content posted by Users does not reflect Baby Space's use of such content or Baby Space’s views.

4.2 To the extent User Content is shared with Baby Space, the User grants Baby Space a fully-transferable, royalty-free, perpetual, sub-licensable, non-exclusive, worldwide license to copy, distribute, modify or create derivative works based on, publicly perform and display, and otherwise use the User Content.

4.3 In particular, Baby Space may use the User Content to improve or modify the Services, in which case the User shall have no right, title or interest in such improved or modified Services. Baby Space reserves the right to use or modify User Content licensed to it, without providing the User with reason or notice.

4.4 User Content is all third-party generated content and Baby Space has no control over and cannot be held liable for any User Content. In such cases, the User shall (subject to the above license grant) maintain all intellectual property rights in and will be responsible for the User Content they generate. Baby Space shall have the right to remove or edit any User Content that, in its sole discretion, violates or is alleged to violate any applicable law, or the express terms, or intent of, these Terms.

4.5 Notwithstanding this right, you remain solely responsible for the content and the materials you post on the Website and in your private/public messages.

5. Communication And Variation

5.1 When you use the Website or send e-mails or transmit other data, information or communication to Baby Space, you agree and understand that you are communicating with Baby Space through electronic records and you consent to receive communications via electronic records from Baby Space periodically, and as and when required.

5.2 Baby Space may communicate with you by email or through the Services interface, by postings on the Website or by such other reasonable mode of communication, electronic or otherwise.

5.3 Baby Space shall at its sole discretion, modify the terms and conditions in these Terms and other policies referred to herein. Any such changes become effective no earlier than 7 (seven) days after they are posted, except (i) those that change or address new functions of the Services, or (ii) changes made for legal reasons, which will be effective immediately, and (iii) changes made for data security reasons.

5.4 For any material changes, Baby Space may take reasonable steps to notify the User of such changes via e-mail, or by using the Service interface. Your continued use of the Services after the date any such changes become effective constitutes your acceptance of any such material change.

5.5 In spite of such notifications, the User should return to these Terms periodically to ensure familiarity with the most current version of the Terms. The date on which these Terms are last updated is provided at the top of this document.

6. User Privacy

6.1 We view protection of your personal information and privacy as a very important principle. We understand clearly that you and your personal information are one of our most important assets. We store and process your information, including sensitive financial information collected, if any, on computers that may be protected by physical as well as reasonable technological security measures and procedures in accordance applicable law.

6.2 You agree to us using WhatsApp or as our medium of communication (at our discretion), when you register yourself on the Website or submit your contact details to Baby Space. In addition to our Terms, if you are added to any Whatsapp group(s) (“Group”) by Baby Space, we recommend that you also please read the WhatsApp terms and conditions of use and Service, which shall automatically apply to you. You must use this communication tool according to our Terms and posted policies, and to WhatsApp’s terms and policies (as applicable). You may choose to ‘quit’ or ‘exit’ by leaving the Group at any time. By accessing, joining and/or participating in the Group, you understand and agree to Baby Space and other participants of such Group receiving/having access to your mobile phone number/ personal contact number, WhatsApp profile picture and any other information accessible through WhatsApp or the Group. If you do not wish for Baby Space and/or other participants to receive/ have access to such information, please do not join, access and/or participate in the Group. You shall be responsible for all access to and participation in the Group using WhatsApp account and/or associated mobile number, whether or not the account or associated mobile number was actually operated by you. You shall notify Baby Space of any unauthorised use of your WhatsApp account and/or associated mobile number, in case of such breach. Baby Space will not be liable for any loss or damage caused to you or any other party arising from your inability to comply with this Clause.

6.3 Please refer to our Privacy Policy to know how your information is collected and handled by us.

7. Term and Termination

7.1 Unregistered Users may access the Website to browse without registration and choose to stop using the Website at any time at their sole discretion.

7.2 Registered Users are provided access to the Website and related Services through their log-in account till they no longer wish to continue being registered with the Website, by clicking through the ‘Delete Account/Unsubscribe’ tab or if Baby Space removes them from their Website database, in accordance with the Terms. Note that we reserve the right to retain such data, as is allowed or required under applicable law.

7.3 Baby Space may, at its sole discretion suspend or terminate your account (or any part thereof) or your use of the Services, and remove and discard any content within the Services, for any reason, including, without limitation, for lack of use, or if Baby Space believes that you have violated or acted inconsistently with any of its Terms, Privacy Policy or other company policies applicable to you.

7.4 Any suspected fraudulent, abusive or illegal activity that may be grounds for immediate termination of your use of the Website and Services, and may also be referred to appropriate law enforcement authorities.

7.5 Baby Space may also, in its sole discretion and at any time, discontinue providing the Services to you, or any part thereof, with or without notice to you. You agree that any termination of your access to the Website and Services, under any provision of these Terms may be effected without prior notice to you. You acknowledge and agree that Baby Space may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Website and related Services.

7.6 Baby Space may, at any time and at our sole discretion, reinstate suspended Users. A User that has been suspended or blocked may not register or attempt to register with us or use the Website in any manner whatsoever, until such time that such User is reinstated by us.

7.7 Notwithstanding the foregoing, if you breach these Terms or the Privacy Policy or other rules and/or policies of Baby Space, we reserve the right to recover any amounts due and owing by you to us and/or take strict legal action including but not limited to, a referral to the appropriate police, or other authorities, and/or for initiating criminal or other proceedings against you.

7.8 Further, you agree that Baby Space will not be liable to you, or any third party, for any termination of your access to the Services.

8. General Rules For Use Of The Website And Related Services

You agree, undertake and confirm that your use of the Website shall strictly be governed, along with the other conditions provided for herein, by the following binding principles:

8.1 You shall not host, display, upload, modify, publish, transmit, update or share any information which:

  • (a) belongs to another person and to which you does not have any right to;
    (b) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, racially or ethnically objectionable, disparaging, relating to or encouraging of money laundering, or otherwise unlawful in any manner whatsoever;
    (c) is 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 or is prohibited under any other prevailing laws applicable women and/or children or harms minors in any way;
    (d) is misleading in any way;
    (e) is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
    (f) harasses or advocates harassment of another person;
    (g) involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”;
    (h) promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
    (i) infringes upon or violates any third party’s rights (including, but not limited to, intellectual property rights, privacy rights (including without limitation unauthorized disclosure of a person's name, e-mail address, physical address or phone number) or rights of publicity);
    (j) promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music/video or links to pirated music/video files;
    (k) contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
    (l) provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
    (m) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
    (n) contains unauthorised videos, photographs, or images of another person;
    (o) tries to gain unauthorized access or exceeds the scope of authorized access to the Website or to profiles, blogs, communities, account information, bulletins, friend requests, or other areas of the Website, or solicits passwords or personally identifying information for commercial or unlawful purposes from other Users;
    (p) engages in commercial activities and/or sales without our prior express and written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of “virtual” items, related to the Website;
    (q) solicits gambling or engages in any gambling activity or other activity which we, in our sole discretion, construe as being illegal;
    (r) interferes with another User's use and/or enjoyment of the Website and/or Services;
    (s) refers to any website or URL that, in our sole discretion, contains inappropriate material for the Website or any other website that contains content which is prohibited or violates the spirit of these Terms;
    (t) infringes any patent, trademark, copyright or other proprietary rights or rights of publicity or privacy;
    (u) deceives or misleads the Users about the origin of such messages;
    (v) communicates any information which is grossly offensive or menacing in nature;
    (w) impersonates another person; or
    (x) violates any applicable law for the time being in force.

8.2 You shall not use any “deep-link”, “page-scrape”, “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 any Website content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. We reserve our right to bar any such activity.

8.3 You shall not probe, scan or test the vulnerability of the Website or any network, neither 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 the Website, or any other customer, including any account on the Website not owned by you, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Website.

8.4 You shall not make any denigrating or defamatory statement(s) or comment(s) about Baby Space or the brand name or domain name used by Baby Space, or otherwise engage in any conduct or action that might tarnish the image or reputation, of Baby Space on any platform or otherwise tarnish or dilute any of Baby Space's trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by us. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or Baby Space systems or networks, or any systems or networks connected to Baby Space.

8.5 You may not use the Website, or any content available on the Website, for any purpose that is unlawful or prohibited by these Terms, or under applicable law, or to solicit the performance of any illegal activity or other activity which infringes the rights of Baby Space and/or others.

9. Disclaimer Of Warranties And Limitation Of Liability

9.1 This Website, all the materials and information (including but not limited to the articles) and Services, included or otherwise made available to you through this Website are provided without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the foregoing paragraph, Baby Space does not warrant that:

  • (a) this Website will be constantly available, or available at all; or
    (b) the information on this Website is complete, true, accurate or non-misleading, including what is directly provided to the User by Baby Space.

9.2 Baby Space and/or its Experts will not be liable to you in any way or in relation to the Contents of, or use of, or howsoever otherwise in connection with, the Website. Nothing on the Website constitutes, or is meant to constitute, advice or consultations of any kind and is not binding on any party.

9.3 YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. BABY SPACE AND ITS AFFILIATES (INCLUDING ITS EXPERTS) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

9.4 BABY SPACE AND ITS AFFILIATES MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIALS OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS OR (v) THE EFFICACY OR SAFETY OF PRODUCTS OR TREATMENTS DESCRIBED ON BABY SPACE’S CONTENT OR (vi) THAT THE CONTENT IS A SUBSTITUTE FOR YOUR MEDICAL AND EMERGENCY SERVICES. The foregoing warranties are exclusive and are in lieu of all other warranties whether written, oral, implied or statutory. NO IMPLIED STATUTORY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE SHALL APPLY

9.5 SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE WEBSITE AND SERVICES.

9.6 Please refer to Paragraph 21 in Part B below, to see Baby Space’s limitation of liabilities.

10. Indemnity

10.1 The User shall indemnify and hold harmless Baby Space, its officers, shareholders, licensees, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, affiliate Experts, and employees, against all claims, actions, penalties, prosecutions, proceedings, losses, disputes, charges, penalties, costs and expenses including reasonable attorneys' fees, that may arise or may be incurred by Baby Space as consequence of any default, breach, non-observance, non-performance or negligent act whatsoever by the User of any terms, conditions, stipulations, provisions and/or violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party more particularly stated herein and/or in any individual agreements executed by Baby Space and the User.

10.2 You agree to release, indemnify and hold Baby Space and its affiliates and their officers, employees, directors, affiliate experts and agents harmless from any from any and all losses, damages, expenses, including reasonable attorneys' fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Services, any information, Content, interaction with other Users, your connection with the Services, your violation of these Terms or your violation of any rights of another person or User.

11. Linked Websites/ APIs

11.1 The Services may provide or facilitate, or third parties may provide, links or other access to other sites, services and resources on the Internet. Baby Space has no control over such websites, services and resources and Baby Space is not responsible for and does not endorse such websites, services and resources.

11.2 Baby Space does not endorse, in any way, any third-party website(s) or content thereof. Baby Space does not take responsibility or liability for the actions, products, content and services on the Website which are linked to its affiliates and/or third-party websites using the Website's APIs or otherwise.  

11.3 You further acknowledge and agree that Baby Space 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 use of or reliance on any content, events, goods or services available on or through any such website, service or resource. Any dealings you have with third parties found while using the Services are between you and the third party, and you agree that Baby Space is not liable for any loss or claim that you may have against any such third party.

11.4 You may enable or log in to the Services via various online third-party services, such as social media and social networking services like Facebook or Twitter (“Social Networking Services”). By logging in or directly integrating these Social Networking Services into the Services, we make your online experiences richer and more personalized. However, please remember that the manner in which Social Networking Services use, store and disclose your information is governed solely by the policies of such Social Networking Services, and Baby Space shall have no liability or responsibility for the privacy practices or other actions of any third-party site or service that may be enabled within the Services.

11.5 You further acknowledge that in no event, whether as a result of breach of contract, warranty, tort (including negligence) strict liability , indemnity, or otherwise, shall Baby Space or its agents be liable for any loss or damages, or for any special , consequential , incidental indirect or exemplary damages for any reason howsoever

12. Waiver

12.1 The User hereby agrees and states that Baby Space is only a digital publisher, service provider and offers a digital platform for providing health, wellness and lifestyle services on parenthood and pregnancy, focused on pregnant women, babies, parents, prospective parents and families.

12.2 The User waives any and all rights to claims with respect to performance, advertisement or misrepresentation of any information available on the Website, and also waives his/her right to bring any action against Baby Space regarding the same, whatsoever.

12.3 The failure of, or delay by, Baby Space to enforce any right or provision of the Terms or other policies referred to herein, shall not constitute a waiver of such right or provision.

13. Dispute Resolution

13.1 As a User, you agree you are solely responsible for your interactions on the Website. Baby Space will have no liability or responsibility with respect to disputes arising between you and other Users.

13.2 Any dispute arising from use of the Website or from the Services, or with inclusion of Baby Space as a party (formal or otherwise), shall first be resolved amicably and in reasonable time, by writing to us at help@babyspace.in

13.3 If the dispute cannot be settled amicably, such dispute shall be resolved by referring it to arbitration in accordance with the Indian Arbitration & Conciliation Act, 1996, and as per the applicable law.

13.4 The seat of arbitration shall be in Mumbai and the language to be used in all proceedings shall be English.

14. Governing Law And Jurisdiction

14.1 All Content hosted by Baby Space on its platform is based in India and for an Indian audience. However, the Website may be accessed by persons residing/living in countries other than India. Baby Space acknowledges that foreign Users may visit and/or register on the Website, and must do so as per applicable laws in their jurisdiction. Any matters pertaining to Baby Space shall be as per laws applicable in India.

14.2 These Terms and all other policies referred to herein, shall be governed by and construed in accordance with the laws prevailing in India. Those who choose to access this Website from other locations/countries (other than India) do so on the understanding that all transactions are bipartite in nature between the Users.

14.3 Any disputes relating to the Terms and all other policies referred to herein, shall, subject to Paragraph 13, be subject to the exclusive jurisdiction of courts in Mumbai, Maharashtra, India.

15. Assignment

15.1 Baby Space may transfer, sub-contract or otherwise deal with its own rights and/or obligations under the Terms without notifying the User, or without obtaining the User’s consent (except as provided for under the Privacy Policy).

15.2 The User may not transfer, sub-contract or otherwise deal with its rights and/or obligations under these Terms, without express written consent from Baby Space.

16. Headings

The headings/titles in these Terms are for convenience only and have no legal or contractual effect.

17. Severability

If a provision of these Terms, or other applicable Baby Space policies, is determined by any court, competent authority or applicable law to be unlawful and/or unenforceable, that part will be deemed deleted, while all other provisions of these Terms, or other Baby Space policies, will continue to remain in full force and effect.

18. Contact Us

18.1 Baby Space encourages feedback and suggestions on how to improve the Website or any offered Services. We welcome any concerns that may arise with regard to your use of the Website and offered Services.

18.2 You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Services (“Submissions”), provided by you to Baby Space are non-confidential and Baby Space will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

18.3 Please send any questions or comments you may have regarding these Terms, other policies or generally regarding this Website, to help@babyspace.in

19. Intellectual Property Rights

19.1 Services Content, Software and Trademarks: You acknowledge and agree that the Website and the Services may contain content or features (“Services Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorised by Baby Space, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Services or the Content, in whole or in part, except that the foregoing does not apply to your own User Content that you legally upload to or share on the Website. In connection with your use of the Services you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by Baby Space from accessing the Services (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Services or the Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Services or distributed in connection therewith are the property of Baby Space, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Baby Space.

19.2 Baby Space Name and Logo: The Baby Space name and logos are trademarks and service marks of Baby Space (collectively the “Baby Space Trademarks”). Other company, product, and service names and logos used and displayed via the Services may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Baby Space. Nothing in these Terms should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Baby Space Trademarks displayed on the Services, without our prior written permission in each instance. All goodwill generated from the use of Baby Space Trademarks will inure to our exclusive benefit.

19.3 Third Party Material: Under no circumstances will Baby Space be liable in any way for any content or materials of any third parties (including of Users), including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any such Content. You acknowledge that Baby Space does not pre-screen certain Content, but that Baby Space and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Services. Without limiting the foregoing, Baby Space and its designees will have the right to remove any Content that violates these Terms or is deemed by Baby Space, in its sole discretion, to be otherwise objectionable.

19.4 Copyright Complaints: Baby Space respects the intellectual property of others, and we ask all our Users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify Baby Space of your infringement claim in accordance with the procedure set forth below:

  • (a) Baby Space will process and investigate notices of alleged infringement and will take appropriate actions under the applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to Baby Space’s Grievance Officer at info@babyspace.in, with the subject line: “Takedown Request”.
    (b) To be effective, the notification must be in writing and contain the following information:
    • • an electronic or physical signature of the person authorised to act on behalf of the owner of the copyright or other intellectual property interest;
      • a description of the copyrighted work or other intellectual property that you claim has been infringed;
      • a description of where the material that you claim is infringing is located on the Services, with enough detail that we may find it on the Website;
      • your address, telephone number, and email address;
      • a statement by you that you have a good faith belief that the disputed use is not authorised by the copyright or intellectual property owner, its agent, or the law;
      • a statement by you, made under penalty of perjury, that the above information in your Request is accurate and that you are the copyright or intellectual property owner or authorised to act on the copyright or intellectual property owner's behalf.
    (c) Baby Space shall (subject to applicable laws) make best efforts to review your Takedown Request within 72 (seventy-two) hours of receipt of your complaint, and take necessary action accordingly.
    (d) Counter-Notice: If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorisation from the copyright owner, the copyright owner's agent, or pursuant to the law, to upload and use the content in your User Content, you may send a written counter-notice containing the following information to the Grievance Officer:
    • • your physical or electronic signature;
      • identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
      • a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
      • your name, address, telephone number, and email address;
      • a statement that you consent to the jurisdiction of the courts in Mumbai, Maharashtra, India and
      • a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received, Baby Space will send a copy of the counter-notice to the original complaining party, informing that person that it may replace the removed content or cease disabling it in 10 (ten) working days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, after receipt of the counter-notice, at our sole discretion.

19.5 Repeat Infringer Policy: In accordance with applicable law, Baby Space has adopted a policy of terminating accounts of, in appropriate circumstances and at Baby Space's sole discretion, Users who are deemed to be repeat infringers. Baby Space may also at its sole discretion limit access to the Services and/or terminate the registrations of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

B. Terms of Services

Part B of these Terms provide specific information related to Users and their interactions on the Website.

20. Platform For Information, Communication And Transaction

20.1 The Website serves as India’s platform first all-inclusive digital platform for providing health, wellness and lifestyle services on parenthood and pregnancy, focused on pregnant women, babies, parents, prospective parents and families. Baby Space provides a platform for its users to access and connect to a larger base of people, to bring together.

20.2 All information provided by Users or Experts is intended for informational and educational use only. Baby Space is only digital publisher and service provider. Baby Space does not verify or endorse the genuineness of User Content.

20.3 Notwithstanding any representations made, Users are urged to independently verify the veracity of any statements made by Users and Experts on the Website. Baby Space does not, implicitly or explicitly support or endorse any of the Content on the Website. Baby Space accepts no liability for any errors or omissions with respect to such Content, whether on behalf of itself or any User.

20.4 Baby Space is not responsible for any non-performance or under-performance of any of our Experts in relation to the Users. Baby Space cannot and does not guarantee that the concerned Expert or product offering will perform any commitment or guarantee concluded on the Website.

20.5 Your correspondence interactions with other Users and Experts found on or through the Website, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such User. We 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 Users on the Website.

20.6 Baby Space shall not be held responsible for any default/non-performance on part of any Experts. At no time shall Baby Space be required to mediate or resolve any dispute or disagreement between Experts and Users.

20.7 Users should conduct independent due diligence with respect to any medical, healthcare of lifestyle information or Content, or suggested products provided on the platform, and consult their doctor/healthcare provider before making any decisions regarding information provided on the Website. Baby Space cannot vouch for the genuineness or honesty of User Content or independent Content provided by Experts in any manner and cannot review all the information provided by ever User to detect any misrepresentation and/or false information that may be listed therein.

20.8 The User hereby agrees and declares that the User is aware that Baby Space shall at no point of time be held answerable or accountable for any suggested products on the Website. Once the User has been redirected to a third-party Website, Baby Space shall have no responsibility for any actions.

20.9 In case of intimation of User Content coming from fraudulent sources, Baby Space’s team holds the right to take down such User Content.

20.10 This Website or any portion of this Website (including but not limited to any copyrighted material, trademarks, or other proprietary information) may not be reproduced, duplicated, copied, sold, resold, visited, distributed or otherwise exploited for any commercial purpose without express written consent of Baby Space and/or its affiliates, as may be applicable.

20.11 You may not use any third-party logos or proprietary graphic or trademark as part of the link, without express consent from Baby Space and/or its affiliates or the relevant third party, as may be applicable.

21. Limitation Of Liabilities

21.1 In addition to Paragraph 9 in Part A above, you expressly understand and agree that neither Baby Space nor its affiliates/subsidiaries or affiliated Experts will be liable to you or any third party for any indirect, incidental, special, consequential, exemplary damages, or damages for loss of profits including but not limited to, damages for loss of goodwill, use, data or other intangible losses (even if Baby Space has been advised of the possibility of such damages), whether based on contract, tort, negligence, strict liability or otherwise.

22. Compliance With Laws

22.1 The Users shall comply with all the applicable laws and adhere to other applicable compliances from time to time, such as under the IT Act, statutes as amended by the IT Act that may be applicable to them respectively for using the payment facility Services provided and the Baby Space Website, the Indian Penal Code and all laws that are and may become applicable to such User.