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Terms of Service

TERMS OF SERVICE

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OVERVIEW

This website is operated by ohbabyco.com. Throughout the site, the terms “we”, “us” and “our” refer to ohbabyco.com. ohbabyco.com offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the 18 years old and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this righ

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall ohbabyco.com, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless ohbabyco.com and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of 003 Portswood Ridge Dock Road Cape Town Western Cape ZA 8001.

SECTION 19 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at heybaby@ohbabyco.com.

SECTION 21 - OHBABY REWARDS TERMS & CONDITIONS

These Terms & Conditions cover the Ohbaby Rewards programme (“Loyalty Programme”), and members of the programme who earn points in connection with the purchase of qualifying online products and online activities that are redeemable towards the purchase of certain products online.

A. MEMBERSHIP

Free Membership. No purchase is necessary to obtain membership in the Loyalty Program, but you must establish an account at ohbabyco.com. Please see our privacy policy, to read how information you provide us will be used.

Eligibility. In order to be eligible for the Loyalty Program, you must create an account as outlined in these Terms and Conditions. You may create an account if you have Internet access, and have a valid mailing address. If you choose to create an account, you are responsible for maintaining the confidentiality of your account, username and password and for restricting access to your account. You are responsible for keeping such information current, complete, accurate and truthful. You agree to accept responsibility for all activities that occur under your account, username and/or password. You agree to provide only current, complete, accurate and truthful information.

If you are accessing and using the Site on someone else’s behalf, you represent that you have the authority to bind that person as the principal to all Terms and Conditions provided herein. You may only have one member account per person. Persons who are discovered to have more than one account forfeit their points and will be unsubscribed from the Loyalty Program.

How to Cancel Your Membership. You may cancel account at any time. To cancel your account, please send an email to heybaby@ohabyco.com and write “cancel membership” in the subject line. The email must come from the account currently listed on our servers as being associated with your Loyalty Program. If you no longer have access to that email address, please email our customer service department and we will verify your status and cancel your account. Upon cancellation, you are no longer a member and any unused points accrued in your account will be forfeited and cannot be redeemed. Points maintain their value only on valid accounts in good standing, and except as otherwise provided here for redemption, have no cash value outside of their redemption value on the Site.

B. EARNING POINTS

General. Members can earn points on the purchase of qualifying online products at ohabyco.com. To receive points for your Online purchases, you must be signed into your account. You may check at any time to see if you are signed in to the Site by looking in the upper right hand corner of the site. Gift cards do not qualify for points. Other products that do not qualify for points are noted on the Site.

Earning Rate. Members earn 1 point for every R1.00 spent on qualifying purchases if you are logged into the Website. Points are based on your order subtotal, after any discounts, only. Points are rounded down to the nearest whole number. For example, if you spend R9.99, you will receive 9 points.

Gift Cards. Gift card purchases are not eligible to receive points. However, once a gift card is redeemed, points will be awarded to the recipient for the subtotal after any gift card values, provided s/he is logged into the account, as outlined in these Terms and Conditions.

Addition of Points to Accounts. Points will be added to your Account under the following conditions, and will generally show up immediately. You will receive points:

- At the time of account registration

- During the purchase of qualifying products

- Referring a friend to Ohabyco. Points will automatically be rewarded to your account only if the referral friend used the link sent to them from your referral account and makes a qualifying purchase. Points will automatically be applied to account if stipulations are met.

- For other activities outlined on the Site that may show up from time to time. Note that for these other activities, including “bonus point” accumulations and other point promotions, points may show as “pending,” depending upon the activity.

Exclusions. Members earn points only on the purchase price of: (i) qualifying online products. Calculation of points excludes payment by the Member for shipping charges and all taxes, including without limitation, federal, state, and local taxes or use taxes. Points will not be earned on any discounts or other credits offered in connection with a product or service. For example, if a product that is normally R50 is on sale for R25, a Member will only earn points on the purchase price of R25. Purchases of gift cards, redemption of vouchers, and any type of price adjustments, including merchandise returns, are not eligible for points. All purchases made: (i) by a Member prior to such member joining the Program, (ii) Online without a Member being logged onto the Website with the Member's Account number linked to the Member's Online account, are not eligible for Loyalty Program credit. Purchase of Ohbaby products outside the ohbabyco.com website are not eligible for the Loyalty Program. (iii) Wholesale Retailers are not eligible to participate in the Rewards Program.

Returns/Order Cancellations. Points earned for a purchase that is then the subject of a return, cancellation, refund, declined credit card or gift card, or other credit will be deducted from your account in an amount equal to the points earned for the original transaction, including any bonus points that may be applicable. Points cannot be reapplied back to your rewards account for any reason on a returned order. If a return/cancellation will cause your account to have a negative point balance, you will not begin earning points again until your points balance is returned to zero (0), by making purchases, or engaging in other promotional activities offered from time to time. If an item is exchanged (different size/product) any redeemed rewards on the initial purchase may be transferred to the exchange one (1) time only.  (We do not recycle rewards coupons from order to order or item to item).  Rewards used on an order that is cancelled (before the item ships or a label has been printed) may request those rewards be applied back to your rewards account. If your item has begun the shipping process, rewards cannot be reapplied. 

Bonus Point Promotions. From time to time, Ohbaby may run certain bonus point promotions. Under bonus point promotions, Members can earn additional or "bonus points" in connection with the purchase of certain online products. When you purchase these specially marked products, or make the purchase during a bonus points time period, you will earn bonus points on each product, as specified in the offer. Bonus point promotions are subject to the terms and conditions of the offer and may be offered at any time in Ohbaby’s sole discretion. Bonus point offers cannot be combined with any other offer.

Limitations on Bonus Points and Points, Generally. These terms apply to points and bonus points accruals. If you purchase a product during a promotion and the product comes with an additional, free product, points will not be issued on the retail value of the free product. If you redeem points towards the purchase of a product and pay a portion of the retail price after the point's redemption, you will receive points only on the leftover retail amount you pay, and not on any value attributed to the point you used. If you redeem points towards the purchase of a product in an amount equal to the full price of the product, you will not earn any points.

Non-purchase Options for Earning Points. You may also earn additional points on non-purchase activities. From time to time, Ohbaby may offer you the chance to win various prizes, and earn points, for entering into promotions.

Referring a Friend to Ohbaby. Email a friend a coupon by clicking “Earn Points” then “Refer a Friend”. Enter the email address of a friend who has not purchased with Ohbaby before (if your referral has shopped with us before the referral link will be automatically voided by the system). A referral link will be sent to your friend with a coupon. Points will automatically be rewarded to your account only if the referral friend used the link sent to them from your referral account and makes a qualifying first time purchase with Ohbaby. Points will automatically be applied to your account if stipulations are met. Your Referral friend will receive a coupon, plus points for opening an Ohbaby account and points from their first purchase made while signed into their new online account.

C. REDEEMING POINTS

How To Use Your Points. Points must be used in increments outlined in these Terms and Conditions. The maximum number of points that may be used in a single transaction is 2,000 points. The minimum purchase for which points will apply is R5.00. Points may only be used Online at the Ohbaby website.

Points towards Products: Members can use their points to reduce the purchase price of a product or to receive a product for free based on the following scale:

  • 500 points = R5.00 off
  • 1,000 points = R10.00 off
  • 2,000 points = R20.00 off or free shipping

Points can only be redeemed in any combination of the point and increment amounts set forth above. Redemption of points towards purchases of products is subject to product availability.

Gift cards. Once available, points cannot be used towards the purchase of gift cards. Gift card redemption, however, is eligible for points. Points accrued pursuant to the use of a gift card will benefit the gift card user, provided the user has an account in accordance with these Terms and Conditions.

To Redeem your PointsBefore you begin shopping with us, sign into your Shop account on our site. Select “Redeem Points” from the pop-up housed in the lower left hand corner of the screen and select the amount of points you would like to redeem. You will be issued a custom code that you can copy and paste into the discount bar during check out (Please note - only one code can be used). Your total payment amount will be discounted by the amount of points you allocate to the purchase. Note that points may only be redeemed for the purchase price of the product. GST, shipping, and other handlingcharges assessed in addition to the price of the product are your responsibility and points may not be used to discount these additional charges.  

Exclusions. Only one account per natural person. Only one discount code can be redeemed per transaction. Rewards redemption codes may not be combined with any other discount codes. Points may not be transferred or gifted at this time. Points cannot be used on past purchases. Points accumulated on different accounts by different members may not be combined or aggregated to make purchases of products or for any other reason. Points earned in a transaction cannot be redeemed in the same transaction. Redeemed points cannot be retroactively applied to any past order or receive a price adjustment on any order where redeemed points were not applied. Points have no cash value outside of the Ohbaby website and are available only to members in good standing.

Points Expiration and Time Lapses. All points acquired, whether standard points or bonus points, expire one year from the date in which they were assigned to your account, regardless of point status (on hold, approved, etc.). For example, points earned on 1 November, 2016 will expire at 12:01am 1 November, 2017. Specific onsite activities in which points will be awarded are set to accrue points based on a time lapse at the discretion of Ohbaby. 
Sign up: points are added to your account instantly 
Order: points are added to your account when your order ships 

D. GENERAL

By registering with Ohbabyco.com and joining the Loyalty Program, you agree to be bound by the terms and conditions set forth in these Terms and Conditions, as well as any other terms that may be associated with the Loyalty Program. Ohbaby reserves the right to cancel, modify, suspend or restrict the Loyalty Program, your account, the redemption of points, or any aspect of the Program, including, without limitation, the point conversion ratio and the point expiration policy at any time. Any changes can be made without advance notice. Ohbaby may make these changes even though such changes may affect your ability to use points already accumulated.

You are responsible for remaining knowledgeable about the Program Terms and Conditions. A Member's points balance, as reflected in Ohbaby records, shall be deemed correct. Ohbaby reserves the right to determine the amount of points in any Member's account based on Ohbaby internal records related to such Member's account. In the event of an inconsistency between the amount accrued in a Member's account as stated on any Member's receipt and Ohbaby internal records, Ohbaby internal records will control. Ohbaby assumes no responsibility for errors caused by incorrect Member information.

Your right to transfer points earned or granted under the Program is strictly limited. The sale of points is prohibited and may result in the confiscation or cancellation of your points as well as suspension or termination of your membership, which in each case shall be final and conclusive. All transactions involving points and all Member accounts are subject to review and verification by Ohbaby. The points balance in a Member's account may be unavailable for use when an account or transaction is under review. Ohbaby may revoke any Member's membership in the Loyalty Program at any time if such Member engages in abuse of the Loyalty Program or fails to follow the terms and conditions of the Program. Fraud or abuse relating to the accrual of points or redemption of rewards may result in revocation of membership in the Program and may affect a Member's eligibility for participation in any other Ohbaby program, present or future.

Points are non-transferable and cannot be redeemed for cash. The interpretation and application of the Program's Terms and Conditions are at the sole discretion and determination of Ohbaby For more information or other questions, contact us or email heybaby@ohbabyco.com

The Terms and Conditions of the loyalty program are subject to change at Ohbaby’s sole discretion at any time and without notice to customers. Upon customer’s at-will termination of their Ohbabyco.com registered account, or if a customer is termination for violation of these Terms and Conditions or other activities in violation of the intent and good faith intended use of this Site, all points will immediately be forfeited and will no longer be redeemable. Ohbaby will make reasonable efforts to award points as outlined above to all 1. registered and 2. qualifying wildpoppies.co.nz customers, but is not responsible for any technical or unforeseen errors that may occur.

Points are non-transferable, nonredeemable for cash, are non-refundable and are not valid outside of Ohbabyco.com. Purchases made outside Ohbabyco.com are not valid for point accrual.

Employees of Ohbabyare not eligible to participate in the Loyalty Program.