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(Effective 01 January, 2008) (Updated 07 April, 2008)
IMPORTANT! PLEASE READ THIS ENTIRE AGREEMENT CAREFULLY.
THESE ARE THE GENERAL TERMS AND CONDITIONS GOVERNING YOUR USE OF THE BABYONHOLIDAY WEBSITE AND OUR SERVICES. 1. Introduction
Welcome to babyonholiday also known as BOH, (pronounced BOW) the www.babyonholiday.com; www.babyonholiday.co.uk web site. This web site, and the information, content and services it makes available (which, collectively are referred to as the "Web Site"), is provided to you by Babyonholiday, Lancashire ("Babyonholiday", "BOH" or "We"). These Terms and Conditions (this "Agreement") sets forth the terms and conditions governing your use of this Web Site. By accessing or using this Web Site you accept and agree to be legally bound by this Agreement and our Privacy Policy, as they may be amended and or supplemented from time to time.
2. Modifications to the T&C’s
Babyonholiday 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.
3. Contact Information
If you have any questions or concerns with respect to this Agreement or the Web Site you may contact a representative of Babyonholiday by e-mail at
This e-mail address is being protected from spam bots, you need JavaScript enabled to view it
or mail at Customer Service, Babyonholiday, 3 beacon View, Wigan, Lancashire, WN6 0RL
4. Web Site Intended Audience
This Web Site is solely operated by Babyonholiday from its offices. This Web Site is directed to adults worldwide that may have a requirement to send prior to going on holiday their baby travel essentials.
5. Privacy
The information that “we” obtain through your use of the Web Site, whether collected through the registration process, submitted by you in posts to the “Web Site”, news letters, and or otherwise, is subject to our Privacy Policy available at http://www.babyonholiday.com, www.babyonholiday.co.uk/about/privacy. The Privacy Policy addresses our collection and use of the data you provide to us, including your rights relative to that information. Please review the Privacy Policy before you use the Web Site. If you are unwilling to accept the terms and conditions of the Privacy Policy, do not use the Web Site.
6. Your Use of Content and Information - Disclaimer with Respect to Content
A variety of information, advice, recommendations, letters, messages, comments, posts, text, graphics, data, and other materials ("Content") is available on the Web Site. Some of the Content is provided by Babyonholiday or its suppliers and or specific partners, and other Content is provided by persons who use the Web Site ("Users"), such as User opinions and views provided via posts to our customer satisfaction page. While Babyonholiday strives to keep the Content that it posts on the Web Site accurate, complete, and up-to-date, Babyonholiday cannot guarantee, and is not responsible for, the accuracy, completeness, or timeliness of any Content, whether provided by Babyonholiday or its suppliers, vendors, partners, or by Users of the Web Site.
THE CONTENT AVAILABLE VIA THE WEB SITE IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER BABYONHOLIDAY NOR ITS SUPPLIERS, VENDORS, PARTNERS OR USERS ARE ENGAGED IN RENDERING MEDICAL, COUNSELING, LEGAL, OR OTHER PROFESSIONAL SERVICES OR ADVICE.
SUCH CONTENT IS INTENDED SOLELY AS A GENERAL INFORMATIONAL AID. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER REGARDING ANY USE OF CREAMS, MEDICINES ETC PURCHASED FROM BABYONHOLIDAY BEFORE TREATING YOUR CHILDS CONDITION.
YOUR USE OF THE WEB SITE IS ALSO SUBJECT TO THE ADDITIONAL DISCLAIMERS AND CAVEATS IN THIS AGREEMENT AND THAT MAY APPEAR THROUGHOUT THE WEB SITE.
7. User-Submitted Content
By becoming, subscribing, accepting, by use of content with regards to BABYONHOLIDAY you the user accepts that BABYONHOLIDAY may use the data provided by you the user information to allow third party partners, vendors, suppliers the content for use of future marketing initiatives. This does not effect your rights for data protection.
Your personal details specifically order payment details will not be used nor passed on to any other person, organization and will remain the if given the property of the user, payment details will not be held after the transaction has been performed
Complaints about Content
If you wish to bring to our attention any unlawful activity associated with any Content posted and or otherwise made available on the Web Site, you must do so in accordance with our "Notice and Procedure for Making Complaints Regarding Content" as described below and we will address it in accordance with the procedures set forth there.
8. Compliance with Laws
You agree to comply with all laws applicable to your use of the Web Site. You also agree that you will not use the Web Site in any way to:
1. 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;
2. interfere with, disrupt, or harm in any way the Web Site or servers or networks connected to the Web Site.
9. Ownership and Intellectual Property Rights
This Web Site is owned by Babyonholiday. All right to, title to, and interest in the Content available via the Web Site, the Web Site's designs, trademarks, service marks, and trade names displayed on the Web Site, and the Web Site URLs, are the property of Babyonholiday and are protected by copyrights, trademarks, patents, or other proprietary rights and laws. The content or copy of the website has been registered with all relevant government agenices. Information with reagrds to this can be obtained from the UK Copyright Registration Services.
License to Use Content
Babyonholiday grants you a nonexclusive, nontransferable, revocable, limited license to view, copy, print, and distribute Content retrieved from the Web Site only for your personal, noncommercial 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 Babyonholiday. All rights not expressly granted in this Agreement are expressly reserved to Babyonholiday.
Trademark Notices
All trademarks, service marks, logos and designs used on this Web Site, whether registered or unregistered, are owned by Babyonholiday or other third parties suppliers and or vendors. You may not use or display any trademarks, service marks, logos or designs owned by Babyonholiday or its affiliates without our prior written consent.
10. Your Contact with Advertisers or Other Third Parties
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.
Babyonholiday does not make any representations or warranties with respect to any items or services that may be obtained from such third parties, and you agree that Babyonholiday 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.
11. Other Web Sites
Links to Other Web sites
The Web Site, or third parties on the Web Site, may provide links to other sites and/or resources, including advertisers, over which Babyonholiday has no control. These links are provided solely as a convenience and an aid to Users and should not be construed as an endorsement by Babyonholiday 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. Babyonholiday makes no representations or warranties with respect to the content, personal information collection practices, ownership, or legality of any such linked Web sites. You agree that Babyonholiday has no responsibility or liability for the availability of such external sites or resources, or for the Content, advertising, products, or other materials available through such sites or resources.
12. Disclaimer of Warranties With Respect to Web Site
THE WEB SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. BABYONHOLIDAY 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.
BABYONHOLIDAY 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. BABYONHOLIDAY 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. BY ACCESSING THE THIRD PARTY WEBSITES YOU THE THE USER ARE AGREEING TO THE POSSIBILITY OF THE DOWNLOAD OF COOKIES.
ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEB SITE IS USED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT.
13. Limitations of Liability
BABYONHOLIDAY 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.
ADDITIONALLY, IN NO EVENT WILL BABYONHOLIDAY 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 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 BABYONHOLIDAY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
14. Indemnification
You agree to indemnify and hold harmless Babyonholiday, 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 solicitors' 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.
15. Notice and Procedure for Making Complaints Regarding Content
If you believe that any specific Content available on the Web Site either infringes your rights (including without limitation any intellectual property rights), or is otherwise unlawful, and you would like to file a complaint with us, please click here.
16. Modification or Suspension of the Web Site
Babyonholiday 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.
17. 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.
19. 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 and governance with the laws of the United Kingdom without giving effect to any principles of conflicts of law. Any legal action or proceeding between Babyonholiday and you the “user” related to the Agreement shall be brought exclusively in a court of competent jurisdiction, and you agree to submit to the personal and exclusive jurisdiction of such courts in the United Kingdom.
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