Terms & Conditions

Please visit this page on a regular basis to ensure that you are up-to-date with the latest Baby Sense terms and conditions.

Baby Sense (Pty.) Ltd. Terms of Use

14 July 2012

THESE ARE THE GENERAL TERMS AND CONDITIONS GOVERNING YOUR USE OF THE BABY SENSE DAY BY DAY APP, BABY SENSE WEB SITE, NEWSLETTER, FACEBOOK PAGE AND OUR SERVICES OR PRODUCTS. BY ACCESSING, USING OR SIGNING UP FOR THE ABOVE MENTIONED OR ANY OTHER SERVICES, YOU ARE CONCLUDING A LEGALLY BINDING AGREEMENT BASED ON THESE TERMS WITH BABY SENSE (PTY) LTD.

Introduction
Welcome to the BABY SENSE DAY BY DAY APP. This APP, and the information, content, products and services it makes available (which, collectively are referred to as the "Web Site"), is provided to you by Baby Sense (Pty.) Ltd, with its principal offices in Cape Town, South Africa ("Baby Sense " or "We"). These Terms of Use (this "Agreement") set forth the terms and conditions governing your use of this Web Site.

By using the Web Site you confirm that you have familiarized yourself with the terms and conditions governing the conduct of parties accessing or using the Baby Sense Web Site. We provide services to you through our Web Site and those services are provided to you on the basis of these terms and conditions. Please note that they may vary from time to time without notice to you.

Modifications to this Agreement
Baby Sense may make changes to this Agreement from time to time in its sole discretion, by updating this posting on this Web Site, and specifying the effective date of the new version of the Agreement. Your continued use of the Web Site following the posting of a new version of the Agreement constitutes your acceptance of any such changes. Accordingly, whenever you visit this Web Site you should check to see if a new version of the Agreement has been posted.

Contact Information
If you have any questions or concerns with respect to this Agreement or the Web Site you may contact a representative of Baby Sense  by email  .

Web Site Intended Audience
This Web Site is operated by Baby Sense from its offices in South Africa. This Web Site is directed to adults and is not intended for children under the age of eighteen.

Privacy
We describe our current practices related to personally identifiable information collected through the Site in our Privacy Policy  and that we may update our policies and practices from time to time at our sole discretion.

Code of Conduct
You are responsible for anything which you transmit or receive to, from or via or post on our web site.   We do not control or screen the content of what is posted to, from or via our web site by our members or third parties, and accordingly we do not guarantee its accuracy, integrity or quality or that it will not be objectionable to you. You should not place any reliance on, nor will we be responsible or liable for anything which has been transmitted or received, or ought to have been transmitted or received but was not.
You are not permitted to use our Web Site or any of our services for any reason or purpose, which is unlawful, defamatory, harmful or objectionable, and, in particular, you are not permitted to transmit anything that, in our opinion, harms our business or offends other users.

You are not permitted to transmit to, from or via or post on our Web Site anything that you do not have a clear right to use. You must ensure that you do not transmit or post on our Web Site any material containing software viruses or files designed to damage or disrupt the good working order of any computer or telecommunications equipment.

You are not permitted to do anything that may disrupt in any way the operation of our Web Site and services, nor are you permitted to do anything that would disrupt the use and enjoyment of our Web Site and our services by any other user.
Other than as expressly permitted, by us, you are not permitted to use our Web Site to engage in any commercial activity of any form.
We may be entitled at our discretion to refuse or remove anything that is transmitted to, from or via or posted on our Web Site that, in our opinion, is objectionable or otherwise does not comply with these terms and conditions. We will not be liable at all for doing this.
We may record preserve and disclose anything which has been transmitted to, from or via or posted on our Web Site and the services, where required by law or where we are acting in good faith.

Your Use of Content and Information - Disclaimer with Respect to Content
A variety of information, advice, recommendations, letters, messages, comments, posts, text, graphics, software, music, sound, photographs, videos, data, and other materials ("Content") is available on the Web Site. Some of the Content is provided by Baby Sense or its suppliers, and other Content is provided by persons who use the Web Site ("Users"), such as User opinions and views provided via posts to chat rooms, blogs, bulletin boards, or discussion forums. While Baby Sense strives to keep the Content that it posts on the Web Site accurate, complete, and up-to-date.  Baby Sense cannot guarantee, and is not responsible for, the accuracy, completeness, or timeliness of any Content, whether provided by Baby Sense or its suppliers, or by Users of the Web Site. Any opinions, advice, statements or other information expressed or made available by Users or third parties, including but not limited to bloggers, are those of the respective User or other third party and not of Baby Sense . Baby Sense  does not endorse and is not responsible for the accuracy or reliability of any opinion, advice or statement made on the Web Site.

Baby Sense does not have any obligation to prescreen, edit, or remove any Content provided by Users that is posted on or available through the Web Site.
Notwithstanding the foregoing, Baby Sense will have the right (but not the obligation), in its sole discretion and for any reason, to prescreen, edit, refuse to accept, remove, or move any such Content.

THE CONTENT AVAILABLE VIA THE WEB SITE IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER BABY SENSE NOR ITS SUPPLIERS OR USERS ARE ENGAGED IN RENDERING MEDICAL, COUNSELING, LEGAL, OR OTHER PROFESSIONAL SERVICES OR ADVICE.

SUCH CONTENT IS INTENDED SOLELY AS A GENERAL EDUCATIONAL AID. IT IS NOT INTENDED AS MEDICAL OR HEALTHCARE ADVICE, OR TO BE USED FOR MEDICAL DIAGNOSIS OR TREATMENT, FOR ANY INDIVIDUAL PROBLEM. IT IS ALSO NOT INTENDED AS A SUBSTITUTE FOR PROFESSIONAL ADVICE AND SERVICES FROM A QUALIFIED HEALTHCARE PROVIDER FAMILIAR WITH YOUR UNIQUE FACTS. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER REGARDING ANY MEDICAL CONDITION AND BEFORE STARTING ANY NEW TREATMENT.

The operator(s) of this site, and the publisher, specifically disclaim all responsibility for any liability, loss or risk, personal or otherwise, which is incurred as a consequence, directly or indirectly, of the use and application of any of the material on this site

User-Submitted Content
Representations Made and Rights Granted

You are responsible for all Content that you submit, post, or otherwise make available to or through the Web Site. By doing so, you represent and warrant to Baby Sense  that such content is not confidential and that you have all necessary permission to submit, post and otherwise make available such Content.
Baby Sense  makes no claims to ownership of Content that you submit, post or otherwise make available to or through the Web Site and you continue to retain all ownership rights in such Content and the right to use your Content as you determine. However, you do grant to Baby Sense  and its affiliates a worldwide, non-exclusive, perpetual, fully sub-licensable, royalty-free right and license as set below:
a. with respect to Content other than photos, graphics, audio, video, or journals that you submit, post or otherwise make available to public areas of the Web Site (e.g. not intended as a private communication), the license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, and publicly display such Content (in whole or part) worldwide via the Web Site or otherwise, and/or to incorporate it in other works in any form, media, or technology now known or later developed; and
b. with respect to photos, graphics, audio, video or journals that you submit, post or otherwise make available to public areas of the Web Site, the license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and publicly display such Content for the purpose for which such Content was submitted, posted or made available.

Do(s) and Don't(s) for Users
You agree that you will comply with applicable laws, this Agreement, and DO(s) and DON'T(s) .

User Rights and Responsibilities
Please bear in mind that all of the material you read in our community areas comes from other members. Because our community is very large, Baby Sense doesn't monitor or verify the information posted by our members. The comments, opinions, and statements posted on our bulletin boards and chats reflect the views of the user who makes the post and don't necessarily reflect the views of Baby Sense. The information posted on our boards and chats, including advice and opinions, are the responsibility of those members who create the posts. Posts from users may contain medical information that is incorrect or dangerous to you or your children. Please consult your doctor or other qualified professional before relying on information you find in the community areas. If you believe that you have an emergency of any kind, please contact your healthcare provider or your local emergency number for assistance.

BABY SENSE AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE CONTENT AVAILABLE VIA THE WEB SITE, INCLUDING THE COMMUNITY AREAS. YOU MUST EVALUATE, AND BEAR ALL RISKS ASSOCIATED WITH, THE USE OF ANY CONTENT, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF CONTENT POSTED IN THE COMMUNITY AREAS.

THE CONTENT AVAILABLE IN THE COMMUNITY AREAS IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER BABY SENSE NOR ITS SUPPLIERS OR USERS ARE ENGAGED IN RENDERING MEDICAL, COUNSELING, LEGAL, OR OTHER PROFESSIONAL SERVICES OR ADVICE.

YOU SHOULD NOT UTILIZE SUCH CONTENT AS MEDICAL OR HEALTHCARE ADVICE, MEDICAL DIAGNOSIS, OR TREATMENT FOR ANY INDIVIDUAL PROBLEM. IT IS ALSO NOT INTENDED AS A SUBSTITUTE FOR PROFESSIONAL ADVICE AND SERVICES FROM A QUALIFIED HEALTHCARE PROVIDER FAMILIAR WITH YOUR UNIQUE FACTS. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER REGARDING ANY MEDICAL CONDITION.
 

Ownership and Intellectual Property Rights
Ownership
This Web Site is owned by Baby Sense (PTY) LTD. All right to, title to, and interest in the Content available via the Web Site, the Web Site's look and feel, the designs, trademarks, service marks, and trade names displayed on the Web Site, and the Web Site URLs, are the property of Baby Sense, and are protected by copyrights, trademarks, patents, or other proprietary rights and laws.

License to Use Content
Baby Sense  grants you a non-exclusive, non-transferable, revocable, limited license to view, copy, print, and distribute Content retrieved from the Web Site only for your personal, non-commercial use, provided that you do not remove or obscure any copyright notice, trademark notice, or other proprietary rights notices displayed on or in conjunction with the Content. You may not use any Content available via the Web Site in any other manner or for any other purpose without the prior written permission of Baby Sense . All rights not expressly granted in this Agreement are expressly reserved to Baby Sense .

Trademark Notices
All trademarks, service marks, logos and designs used on this Web Site, whether registered or unregistered, are owned by Baby Sense  or other third parties. You may not use or display any trademarks, service marks, logos or designs owned by Baby Sense  or its affiliates without our prior written consent.

Your Contact with Advertisers or Other Third Parties and Other Web Sites
We may use the Web Site or any of the services we provide or in any of the correspondence we send to you to run advertisements promoting products and services we offer or any of its subsidiaries, or any person or corporation duly authorised by us to advertise or promote their product or services through us.

Your dealings with advertisers or other third parties found on or accessible through the Web Site are solely between you and the third party. These dealings include, but are not limited to, your participation in promotions, the payment for and delivery of items if any, and any terms, conditions, warranties, or representations associated with such dealings. These links are provided solely as a convenience to Users and should not be construed as an endorsement by Baby Sense  of content, items, or services on those third-party Web sites. You access and use such sites, including the content, items, or services on those sites, solely at your own risk.

Baby Sense  does not make any representations or warranties with respect to any content or privacy practices, or otherwise with respect to such third parties or any items or services that may be obtained from such third parties, and you agree that Baby Sense  will have no liability with respect to any loss or damage of any kind incurred as a result of any dealings between you and any third party, or as a result of the presence of such third parties on the Web Site.

Disclaimer of Warranties With Respect to Web Site
THE WEB SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. BABY SENSE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.

BABY SENSE DOES NOT MAKE ANY WARRANTY THAT THE WEB SITE WILL MEET YOUR REQUIREMENTS, OR THAT ACCESS TO THE WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. BABY SENSE MAKES NO WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEB SITE OR AS TO THE ACCURACY, QUALITY, OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE WEB SITE.

Limitations of Liability
BABY SENSE AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE CONTENT AVAILABLE VIA THE WEB SITE. YOU MUST EVALUATE, AND BEAR ALL RISKS ASSOCIATED WITH, THE USE OF ANY CONTENT, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF SUCH CONTENT. YOU SPECIFICALLY ACKNOWLEDGE THAT BABYSENSE IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF USERS OR THIRD PARTIES.

ADDITIONALLY, IN NO EVENT WILL BABY SENSE OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, OR ANY OTHER SUCH DAMAGES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE RESULTING FROM (1) THE USE OF, OR THE INABILITY TO USE THE WEB SITE; (2) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, ITEMS, OR WEB SITES; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEB SITE; OR (5) ANY OTHER MATTER RELATING TO THE WEB SITE. THESE LIMITATIONS WILL APPLY WHETHER OR NOT BABY SENSE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

Indemnification
You agree to indemnify and hold harmless Baby Sense, its directors, officers, employees, agents, and affiliates, from and against any and all liability, damages, losses, claims, expenses of any kind (including, without limitation, reasonable attorneys' fees) directly or indirectly related to (1) your breach of the Agreement; or (2) the Content you submit, post, or transmit through the Web Site.

Electronic Communications
When you visit the Web Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. Baby Sense (PTY) LTD will communicate with you by e-mail or by posting notices on the Web Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Complaints Procedure
We aim to satisfy the requirements of all of our customers as efficiently as we can, but we realise that at times things may go wrong. When they do we will put them right as soon as possible. If you have a complaint please email us on mail@babysense.co.za. Your complaint will be handled confidentially and we will acknowledge your correspondence within 5 working days. At that time we will advise you how long it will take to resolve your complaint and we will give you a contact name and telephone number of the person handling your complaint. We will keep you informed throughout the process.

Your Account
You are responsible for maintaining the confidentiality of any passwords associated with your Baby Sense  account, monitor all activity under the account, and assume full responsibility for all activities that occur under your account (unless we cause a security breach).

Modification or Suspension of the Web Site
Baby Sense may at any time modify, discontinue, or suspend its operation of this Web Site, or any part thereof, temporarily or permanently, without notice to you.

Use and Storage
We may establish general practices and limits concerning the use of the Web Site and the services we provide, including limits to the size or number of e-mail messages you send or the time that messages may be stored or posted on our Web Site. We are entitled to delete any material at any time and we will not be liable in any way for deleting or failing to store or post any material which you may transmit to us.

Termination
Either party may terminate the Agreement for any or no cause, at any time, which shall be effective immediately or as specified in a notice email. After termination, you shall no longer access the Web Site. The provisions of this Agreement which by their intent or meaning intended to survive such termination shall continue to apply indefinitely.

Severability of Agreement
If any provision of the Agreement is found by a court or other binding authority to be invalid, you agree that every attempt shall be made to give effect to the parties' intentions as reflected in that provision, and the remaining provisions contained in the Agreement shall continue in full force and effect.

Applicable Law
This Agreement and the resolution of any dispute related to this Agreement or the Web Site shall be governed by and construed in accordance with the laws of South Africa without giving effect to any principles of conflicts of law. Any legal action or proceeding between Baby Sense and you related to the Agreement shall be brought exclusively in a the Magistrate’s Court in Cape Town, South Africa, and you agree to submit to the personal and exclusive jurisdiction of such courts.

General
These terms and conditions constitute the entire agreement between us in respect of the use of our services and of our Web Site and supersede any and all prior agreements, arrangements and representations (save in respect of those made fraudulently).
Data and certain other information you provide is subject to the terms of our Privacy Policy  which can be accessed by clicking on the privacy statement section of our site.  If any of these terms and conditions is found to be invalid then that provision shall not affect the validity of the remaining provisions which shall remain fully enforceable. No waiver by us of any term shall be deemed to be continuing or shall be deemed to be a waiver of any other term.
You are not permitted to reproduce, sell or exploit for any commercial purpose any part of the web site or our services.

Contact Policy
If you have any questions about the above, please contact us at mail@babysense.com or by writing to us at Customer Services, Baby Sense (PTY) LTD, PO Box 88, Plumstead, 7800, South Africa.

Privacy Policy

14 July 2012

Introduction and Scope
In this Privacy Policy, we (BABY SENSE) describe how we use personally identifiable information about you that we collect through webpages at babysense.com, babysense.co.za and mybabysense.co.uk that display a direct link to this Privacy Policy (each a "Site" and together the "Sites"). This Privacy Policy does not apply to any other data, including, without limitation, data that we collect offline or data that others collect on Web Sites that are linked to the Sites.

About Children
The Sites are not intended for children under the age of 18. We do not knowingly collect personally identifiable information via the Sites from visitors in this age group. We do, however, collect information about children and babies from their parents. We ask that our users not provide information about a baby or child without first getting the parents' consent. We encourage parents to talk to their children about their use of the Internet and the information they disclose to Web sites.

Types of Data Collected; Collection Methods; Combination of Data
You actively send information to us when you sign up with us a member on our Site, participate in surveys or promotions, post opinions on our bulletin boards, respond to us or otherwise contact us. Depending on your choices, you may send us personally identifiable information such as your email address, name, mailing address, phone number, birthday, and gender; password; baby due date/birthday, name and gender. But, you can also use certain features of our Sites without telling us your name and if you do not tell us who you are, we do not try to find out.

We also track information about how our Site is used by you through cookies, Internet tags or web beacons, and navigational data collection (log files, server logs, clickstream ). For example, your Internet browser automatically transmits to us information such as the URL of the Web Site you just came from and the Internet Protocol (IP) address and the browser version your computer is currently using.

To accomplish some of the foregoing data processing, we utilize independent contractors. In addition, we participate in ad networks. The ad networks that we participate in collect anonymous information using cookies to target some of the advertising you see on the Sites and on other third party Web Sites.

You can set your browser to notify you when a cookie is sent or to refuse or delete cookies altogether, but certain features of the Sites might not work without certain cookies.
If you have actively sent us your name or other personally identifiable information, we may combine such information with tracked information for the purposes set forth below.

Purposes of Data Collection
We collect information about you because we want to determine what you may like or find interesting, so we can provide you with targeted information and advertising (on our Site, in newsletters, via email and otherwise). In addition, we use data to create statistics and reports where personally identifiable information has been removed and aggregated (such that it is anonymous as regards any specific user) for various business purposes.

Disclosure of Data
We keep your personally identifiable information confidential and we generally do not disclose it. But, please note the following clarifications and exceptions:

  • Our employees and independent contractors have access to some of your personally identifiable information for the purpose of helping us run our business (and not for their own purposes). They access and use such data subject to our instructions, on a "need to know" basis and under confidentiality and security obligations.
  • If we ever sell a Site or substantial parts of our business, we may disclose your personally identifiable information to a (prospective) buyer on the condition that such buyer agrees to comply with this Privacy Policy.
  • We may also share your personally identifiable information to respond to law enforcement requests, court orders or other legal process or if we believe that such disclosure is necessary to investigate, prevent or respond to illegal activities, fraud, physical threats to you or others or as otherwise required by any applicable law or regulation.
  • Even though we do not provide any personally identifiable information about you specifically to any advertising customers, they can occasionally find out information indirectly. For example, we frequently agree on target audiences for particular ads (for example, an advertiser may ask us to send certain information on infant safety products to parents with small children who may be particularly interested). If you choose to respond to such targeted advertisements, the advertiser may deduce that you are a member of the target audience to whom we sent the ad.
  • If you sign up for our services on a third party Web Site, such third party may know - from you - that you signed up on one or our Sites.
  • Before we disclose your personally identifiable data to a third party for their own business purposes (such as a survey or a sweepstake), we will first obtain your consent, for example via email, click-through, an online opportunity to opt-out or otherwise.
  • We may share personally identifiable information with affiliated companies.
  • We freely use and disclose data in anonymous form, for example, in statistics or reports to our advertising customers.

Please remember that if you post any information in areas of our Sites that are generally accessible to users, such as chat rooms and message boards, it will be available to the public.

Security
We take reasonable steps to protect personally identifiable information from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. But, you should keep in mind that no Internet transmission is ever completely secure or error-free. In particular, email sent to or from the Sites may not be secure.

Access and Correction; Comments and Questions
Please keep your personally identifiable information, accurate, current, and complete by routinely updating your user profile if you have one. If you have any questions, comments or concerns regarding this Privacy Policy, please contact us at mail@babysense.com or at Customer Services, Baby Sense (PTY) LTD, PO Box 88, Plumstead, 7800, South Africa.

Opt-Out, Communication Preferences
You may modify your communication preferences and/or opt-out from specific communications at any time.

Changes to This Privacy Policy
This Privacy Policy was last updated on May 2, 2012. We reserve the right to amend it from time to time and if we change it materially, we will post a revised version on the Sites. Please check back periodically, and especially before you provide any personally identifiable information to us.

Terms of Use
Note also that your use of the Sites is subject to our Terms of Use, which contain disclaimers, limitations of liability and a choice of South African law.

Do's and Don'ts for Users

14 July 2012

Welcome to the BABY SENSE website http://www.babysense.com and our community site www.facebook.com/babysense.  These sites and the information, content, products and services it makes available (which, collectively are referred to as the "Web Site"), is provided to you by Baby Sense (Pty.) Ltd, with its principal offices in Cape Town, South Africa ("Baby Sense " or "We"). These Terms of Use (this "Agreement") set forth the terms and conditions governing your use of this Web Site.

DO

  • comply with the Terms of Use  and all Laws; and submit accurate, lawful and interesting content.
  • bear in  mind that every baby is different and the guidelines for feeding, development and sleep are simply guidelines and may differ from baby to baby and day to day

DON'T

submit, post, or otherwise make available to or through the Web Site any information that:

  • is unlawful, harassing, defamatory, abusive, threatening, obscene, harmful, tortious, libellous, or invasive of another's privacy;
  • infringes or violates any party's copyright, trademark, trade secret, patent, or other proprietary right;
  • contains any worms, viruses, or other harmful, disruptive, or destructive files, code, or programs;
  • includes any unauthorized advertising, promotional materials, chain letters, spam, junk mail, or any other type of unsolicited mass email to people or entities that have not agreed to be part of such mailings; or
  • you do not have the right to submit, post, disseminate, or transmit.

use the Web Site in any way to:

  • impersonate any person or entity; falsely state or otherwise misrepresent your affiliation with any person or entity; intentionally omit, delete, forge, or misrepresent transmission information, including headers, return mailing, and Internet protocol addresses; or otherwise manipulate identifiers to disguise the origin of any content that you submit or transmit through the Web Site;
  • disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users' ability to engage in real-time exchanges;
  • interfere with, disrupt, or harm in any way the Site or servers or networks connected to the Web Site;
  • electronically stalk or otherwise harass another user;
  • engage in any activities that would violate the personal privacy rights of others, including but not limited to collecting and distributing information about other users without their permission, except as permitted by applicable law; or
  • use the Web Site in violation of any applicable laws or regulations, or any rules or guidelines established by Baby Sense.

User Rights and Responsibilities

Please bear in mind that all of the material you read in our community areas comes from other members. Because our community is very large, Baby Sense doesn't monitor or verify the information posted by our members. The comments, opinions, and statements posted on our bulletin boards and chats reflect the views of the user who makes the post and don't necessarily reflect the views of Baby Sense. The information posted on our boards and chats, including advice and opinions, are the responsibility of those members who create the posts. Posts from users may contain medical information that is incorrect or dangerous to you or your children. Please consult your doctor or other qualified professional before relying on information you find in the community areas. If you believe that you have an emergency of any kind, please contact your healthcare provider or your local emergency number for assistance.

BABY SENSE AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE CONTENT AVAILABLE VIA THE WEB SITE, INCLUDING THE COMMUNITY AREAS. YOU MUST EVALUATE, AND BEAR ALL RISKS ASSOCIATED WITH, THE USE OF ANY CONTENT, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF CONTENT POSTED IN THE COMMUNITY AREAS.

THE CONTENT AVAILABLE IN THE COMMUNITY AREAS IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER BABY SENSE NOR ITS SUPPLIERS OR USERS ARE ENGAGED IN RENDERING MEDICAL, COUNSELING, LEGAL, OR OTHER PROFESSIONAL SERVICES OR ADVICE.

YOU SHOULD NOT UTILIZE SUCH CONTENT AS MEDICAL OR HEALTHCARE ADVICE, MEDICAL DIAGNOSIS, OR TREATMENT FOR ANY INDIVIDUAL PROBLEM. IT IS ALSO NOT INTENDED AS A SUBSTITUTE FOR PROFESSIONAL ADVICE AND SERVICES FROM A QUALIFIED HEALTHCARE PROVIDER FAMILIAR WITH YOUR UNIQUE FACTS. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER REGARDING ANY MEDICAL CONDITION.

Supermom Terms & Conditions

6 June 2012

These Terms and Conditions  (this "Agreement") sets forth the terms and conditions governing the Baby Sense Supermom campaign. The sites www.babysense.com and www.facebook/babysense and the information, content and services it makes available (are collectively referred to as the "Web Site"),

  1. You are not an official representative nor employee of the Baby Sense company.
  2. Your participation is always 100% voluntary, and all the information you provide to Baby Sense will remain confidential.
  3. Baby Sense may make changes to this Agreement from time to time in its sole discretion, by updating this posting on this Web Site, and specifying the effective date of the new version of the Agreement. Your continued use of the Web Site and membership to the Supermoms campaign, following the posting of a new version of the Agreement constitutes your acceptance of any such changes. Accordingly, whenever you visit this Web Site you should check to see if a new version of the Agreement has been posted.
  4. You are responsible for all Content that you submit, post, or otherwise make available to mom in any way. By doing so, you (1) represent and warrant to Baby Sense that such content is not confidential and that you have all necessary permission to submit, post and otherwise make available such Content; (2) grant to Baby Sense and its affiliates a worldwide, nonexclusive, perpetual, fully sub-licensable, royalty-free right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute (including, without limitation, making available on-line, electronically transmitting or otherwise communicating to the public), perform, and display such Content (in whole or part) worldwide via the Web Site or otherwise, and/or to incorporate it in other works in any form, media, or technology now known or later developed; and (3) consent to all relevant acts or omissions in relation to your moral rights in such Content which may or might otherwise constitute a breach or infringement of those moral rights and to the extent permitted by law, waive all your moral rights in such Content.
  5. You agree to indemnify and hold harmless Baby Sense, its directors, officers, employees, agents, and affiliates, from and against any and all liability, damages, losses, claims, expenses of any kind (including, without limitation, reasonable attorneys' fees) directly or indirectly related to (1) your breach of the Agreement; or (2) the Content you share with moms.
  6. Baby Sense may at any time terminate this agreement, or any part thereof, and may remove or delete any or all of your Content within the Web Site, without prior notice to you, for any reason that Baby Sense, in its sole discretion, deems appropriate.
  7. This Agreement and the resolution of any dispute related to this Agreement shall be governed by and construed in accordance with the laws of South Africa without giving effect to any principles of conflicts of law. Any legal action or proceeding between Baby Sense and you related to the Agreement shall be brought exclusively in a court of competent jurisdiction sitting in Cape Town, South Africa, and you agree to submit to the personal and exclusive jurisdiction of such courts.
  8. This Agreement can be terminated by sending an e-mail to mail@babysense.co.za.

Delivery Policy

Speed Services - 48 hours
Courier Services - 48 hours
Ordinary Post (counter to counter via the post office) - 3 to 4 working days

Disclaimer

The Baby Sense website (www.babysense.com, www.babysense.co.za and www.mybabysense.co.uk) has been in existence since 2005. Information has been posted from that time until the present and every effort is made to ensure all information is relevant and based on empirical research. As trends and legislations have changed over time, advice dispensed to parents changes. We believe that the advice on the site is responsible but it is important to note that it does not take the place of advice from your medical caregiver.

The Department of Health of South Africa and the WHO recommend exclusive breast-feeding until 6 months of age. Any advice on the website relating to feeding must be seen in the context of this recommendation.