"Use" or "Using" means to access, view, download, upload, or any other legal use or otherwise benefit from using the Baby-Huts Service.
"User" or "you" means any person who accesses or uses the Baby-Huts Service for his own purpose or on behalf of someone else and includes any legal entity.
"User's Content" means any content, including any text, data, information or other material, that you may upload, transmit or store using the functionality of the Baby-Huts Service.
"Order": means any admission request/fees payment request placed through the Baby-Huts's Mobile Application/Website.
"Students" means any child availing the services offered by the listed Participant.
"Service Delivery" means the service provided by Participant at its sole responsibility for delivery of services at such premises as intimated as address during listing and publication.
"Participant" means a third party Day Care Unit/Nursery School/Play School etc, which has agreed to co-operate with Baby-Huts to provide services to enrolled children.
"Baby-Huts App" means a Mobile Application owned and operated by Shopper's Hut and all screenshots, pages appearing, appended, available along with this Mobile Application.
"Baby-Huts Service" means collectively including all content provided through the Baby-Huts App and the Website.
"Website" means www.babyhuts.com and all web-pages appearing, appended, available along with this Website.
BABY-HUTS SERVICE USE
User conveys acceptance to Terms every time the User uses the Baby-Huts Service. User has discretion not to use the Baby-Huts Service, so User's use of the Baby-Huts Service, despite having the right and power of not to use, is construed as User has accepted the Terms.
Baby-Huts can provide User, subject to acceptance of Terms, at its sole discretion, the User Name and Password ("User Account"). Baby-Huts solely reserves the right to accept or reject application made by User for having User Account without obligation of explanation. Baby-Huts reserves the right to store, evaluate, analyze, verify and authenticate the personal information and data provided by the User. The User hereby acknowledges that Baby-Huts continues to maintain right to close the User Account without any prior notice for any reasons whatsoever it may be.
Any person who accesses this Baby-Huts Service is presumed to be legally capable of entering into a legal contract and has understood and voluntarily accepted the Terms.
RULES OF CONDUCT
The Baby-Huts Service shall facilitate the User to scrutinize/take admissions/pay fees online for the Participants by using the Baby-Huts App and/or Website. You acknowledge, agree that you have complete responsibility while ordering Food through the Baby-Huts App and/or Website. The User's discretion is required while using the Baby-Huts Service.
The Baby-Huts Service shall be used solely for User's non-exclusive, non-assignable, non-transferable and limited personal use and for no other purposes. User's Use of the Baby-Huts Service is subject to all applicable local, state, national laws and regulations wherever applicable. Except as specifically permitted in Terms, User shall have no right to copy, change, alter, amend, reverse engineer, decompile, reverse translate, disassemble, publish, disclose, display or make available, or in any other manner, decode the Baby-Huts App and/or the Website.
You agree that, any contract for the services opted through use of Baby-Huts App and/or Website is between You and the Participant; any contract for the supply of Baby-Huts Service from the Baby-Huts App and/or Website is between You and Baby-Huts. You agree to take reasonable care when providing Baby-Huts with your details and warrant that these details are accurate and complete at the time of ordering Food. You also warrant that the credit or debit card details that You provide are of your own credit or debit card.
Baby-Huts Service purchased / availed from the Baby-Huts App and/or Website is intended for your use only and You warrant that any services opted by You is for your child acting as an end customer only and not as an agent for another party.
You understand that some Participants provide services for Food/Snacks or Logistics with/without extra cost. It is your sole responsibility to check whether the Food/Snacks or Logistics you are ordering is suitable for the intended recipient.
You understand that, if the ordered service is within the delivery capacity of the Participant, the Participant will accept the contract and confirm it to Baby-Huts. If the details of the order are correct, the contract for the Service Delivery will be confirmed by text message (SMS) or E mail to the User.
The confirmation message will specify delivery details including the service timings, validity of service opted, fees amount paid and outstanding fees amount for the tenure etc.
In case Service Delivery is not possible for whatsoever reason, Baby-Huts will let you know by text message (SMS) or phone call or E mail. You understand and acknowledge that in unforeseeable events or Force Majeure events, Baby-Huts may not be able to reach and/or communicate with You about the non-delivery.
PRICES AND PAYMENT
All prices listed on the Baby-Huts App and/or Website for services are correct at the time of publication and is as received from the Participant. While Baby-Huts takes great care to keep them up to date, the final price charged to you by the Participant may change at the time of delivery based on the latest changes and prices of the Participant.
All prices listed on the Baby-Huts App and/or Website for Service Delivery by the Participant reflects the price charged by the Participant at the time of listing. In the event where Participant or its delivery partner informs Baby-Huts immediately after placing the order by the User, about the change in price for Service Delivery, Baby-Huts will try to make every possible effort to inform the User about the price difference and the User can choose to opt-out of the order at that time.
All prices for delivery by Baby-Huts or a third party delivery service provider assigned by Baby-Huts listed on the Baby-Huts App and/or Website is correct at the time of publication, however, Baby-Huts reserves the right to alter the same in future.
The total price for Service Delivery including all other charges, taxes, costs, if any, will be displayed on the Baby-Huts App and/or Website when you place your order. Full payment must be made for all the particulars mentioned in the order. Payment has to be made on the Baby-Huts App and/or Website, by online payment through credit card or debit card.
If you choose online payment, you must pay for your order before it is delivered. You shall ensure that online payment mode is secured, your debit/credit card details will be encrypted to prevent the possibility of someone being able to read them as they are sent over the internet. Your credit card company may also conduct necessary security checks to confirm about your identification before making any such payment.
Delivery period quoted at the time of ordering are approximate only and may vary. Services will be delivered to the address as intimated by the Participant while ordering.
Service Delivery is done by the Participant and it is the Participant's sole responsibility to provide Service Delivery in a timely manner.
In case delivery is done by Baby-Huts or a third party delivery service provider assigned by Baby-Huts, Baby-Huts will take reasonable care to deliver in a timely manner. No responsibility is taken for late delivery by Baby-Huts in either case.
Participant will make every effort to deliver within the time stated; however, Baby-Huts will not be liable for any loss caused to you by late service delivery.If the Services are not delivered within the estimated delivery time quoted, User shall contact the Participant first. You may also contact Baby-Huts by email and Baby-Huts will try to ensure that you receive the services as quickly as reasonably possible.
In case of a late service delivery, the delivery charge will neither be voided nor refunded by Baby-Huts.
All risk in the Service Delivery shall pass to you upon delivery.
If you fail to accept delivery of Service at the time they are ready for delivery or your failure to provide appropriate instructions or authorizations, then the services shall be deemed to have been delivered to you and all risk and responsibility in relation to such Services shall pass to you.
Participants, who will provide services, aim:
to deliver the Services at the place of delivery as declared in the list as operating address;
to deliver within the time confirmed by the Participant;
to inform you if they expect that they are unable to meet the estimated delivery time.
Participants and Baby-Huts shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery;
You understand and accept that it might not be possible for Participant to deliver to some locations. In such cases, Participants or Baby-Huts will inform you accordingly and arrange for cancellation of the order or delivery to any alternative delivery address.
You must notify the Participant immediately if you decide to cancel your order, preferably by phone and quote your order number. If the Participant accepts your cancellation, no cancellation fee applies. If the Participant refuses cancellation the order may not be cancelled. Baby-Huts will not be able to refund the money already paid for any cancelled order. However, Baby-Huts will try to convince the Participant for refund to you.
Baby-Huts may cancel an order if the Services are not available for any reason. Baby-Huts will notify you if this is the case and return any payment that you have made.
If the cancellation was made in time and once the Participant has accepted your cancellation, Baby-Huts will refund or re-credit your debit or credit card or net banking account with the full amount within 14 days,.
Where Baby-Huts have requested information from you to provide Service Delivery, you agree to provide Baby-Huts with accurate and complete information.
You authorize Baby-Huts to use, store or otherwise process your personal information in order to provide the Service Delivery to you and for marketing and credit control purposes (the "Purpose"). The Purpose may include the disclosure of your personal information to selected third parties from time to time where Baby-Huts believes that the services offered by such third parties may be of interest to you or where this is required by law or in order to provide the Service Delivery to you in future. You are entitled to request a copy of the said personal information Baby-Huts holds about you. Please contact us if you wish to request copy of this information.
PERSONAL INFORMATION AND PRIVACY
User understands and acknowledges that by choosing Baby-Huts you have allowed Baby-Huts to use your personal information.
User understands, acknowledges and agrees that although Baby-Huts provide appropriate firewalls and protections, the Baby-Huts Service is not hack proof. Data pilferage due to unauthorized hacking, virus attacks, technical issues is possible.
In case Baby-Huts is required to disclose your personal information in order to assist the Government Authority or in adherence to the Court Order or to protect the interest of the Baby-Huts Service and/or any particular user(s), Baby-Huts will disclose it without obtaining prior permission from you. You authorize us to disclose your personal information.
OWNERSHIP OF INTELLECTUAL PROPERTY
All data, information is the property of Baby-Huts or its Users. If you believe that the Baby-Huts Service contains elements that infringe your intellectual property rights in your work, please notify Baby-Huts immediately. If Baby-Huts receives intellectual property right infringement claim notification and it is felt appropriate, Baby-Huts may remove all such content from the Baby-Huts App and/or Website which is indicated as infringing and/or take any other appropriate action.
DISCLAIMER AND LIMITATIONS OF LIABILITY
THE BABY-HUTS SERVICE AND ALL CONTENTS, MATERIALS AND POSTINGS ARE MADE AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. THE BABY-HUTS SERVICE WILL BE AVAILABLE FOR USE, OR THAT ALL SERVICES, FEATURES, FUNCTIONS OR OPERATIONS WILL BE AVAILABLE OR BE PERFORMED AS DESCRIBED. THE SERVICES, THE BABY-HUTS APP AND/OR WEBSITE IS NOT HACK PROOF. THE DATA MAY GET PILFERED, DAMAGED, LOST, GARBLED OR BECOME USELESS. WITHOUT LIMITING THE FOREGOING, BABY-HUTS IS NOT RESPONSIBLE OR LIABLE FOR ANY MALICIOUS CODE, DELAYS, INACCURACIES, ERRORS, OR OMISSIONS ARISING OUT OF YOUR USE OF THE BABY-HUTS SERVICE. YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT YOU ARE ASSUMING THE ENTIRE RISK AS TO YOUR DATA, QUALITY, ACCURACY, PERFORMANCE, TIMELINESS, ADEQUACY, COMPLETENESS, CORRECTNESS, AUTHENTICITY, SAFETY, SECURITY AND VALIDITY OF ANY AND ALL FEATURES AND FUNCTIONS OF THE BABY-HUTS SERVICE, INCLUDING, WITHOUT LIMITATION, POSTINGS AND MATERIALS ASSOCIATED WITH YOUR USE OF THE BABY-HUTS SERVICE.
Photographs provided on the Baby-Huts App and/or Website are only for reference and shall be treated as an example without any warranty, guarantee, quality, suitability, look, taste and feel.
You agree to indemnify, defend and hold Baby-Huts, its parents, subsidiaries, affiliates, successors, assigns and licensors, franchisees or sub-franchisees, any of their respective officers, directors, employees, agents, vendors, licensors, representatives, advertisers, service providers and suppliers harmless from and against any and all claims, actions, losses, expenses, damages and costs (including reasonable attorneys' fees), resulting from any breach or violation of Terms by you, or due to your activities related to the Baby-Huts Service, whether by use of User Account or otherwise.
These Terms contains the entire understanding and agreement between User and Baby-Huts and supersedes any and all prior or inconsistent understandings relating to Baby-Huts Service and your use of Baby-Huts Service. Terms cannot be changed or terminated orally. Any provision which must survive in order to allow us to enforce its meaning shall survive the termination of Terms. Terms and your use of Baby-Huts Service is governed by, construed and enforced in accordance with the laws of India applicable to contracts made, executed and wholly performed on the Baby-Huts Service, and, for the purposes of any and all legal or equitable actions, you specifically agree and submit to the exclusive jurisdiction and venue of the Courts of Mumbai, Maharashtra, India and you will not object to such jurisdiction or venue on the grounds of lack of personal jurisdiction or otherwise.
Without limiting the foregoing, under no circumstances shall Baby-Huts be held liable for any damage or loss due to deficiency in performance of the Baby-Huts Service resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures.
Each provision of the Terms is independent of each other. If any provision of the Terms is found void and unenforceable, it will not affect the validity of the remaining provisions of Terms, which shall remain valid and enforceable.
Baby-Huts takes complaint very seriously and aim to respond to your complaint within 5 business days. All complaints to be addressed to firstname.lastname@example.org.
IF YOU DO NOT ACCEPT AND ABIDE BY THIS TERMS, YOU MUST NOT USE BABY-HUTS SERVICE. IF YOU ACCEPT AND ABIDE BY THIS TERM YOU WILL HAVE TO STATE I AGREE.