Mamamagic / Website Terms of Use
Welcome to the “Mama-To-Be” website (the “Site”).
1. INTRODUCTION
1.1. These Website Terms and Conditions (“Terms and Conditions”) govern the use of the Site.
1.2. Exposure Marketing provides the content and services available to you on the Site, subject to the below Terms and Conditions.
1.3. The collective Terms and Conditions include our “Privacy Policy” among others, which can be found throughout our Site in connection with certain functionality, features or promotions as well as customer service.
By accessing or using the Site, you acknowledge that you have read, understood, and agree, without limitation or qualification, to be bound by these Terms and Conditions.
2. UPON REGISTERING
2.1. To proceed please ensure that you have accepted the terms and conditions above in order to opt in to receive marketing communications from Exposure Marketing and Communication.
2.2. Only one profile is permitted per individual to ensure fairness in the selection process.
3. PRIVACY
3.1. Please review our Privacy Policy so that you fully understand our privacy practices.
4. FOR THE BRAND
4.1. If you are a brand or exhibitor interested in participating or showcasing your product on our informational platform please review our Exhibitor Specific Policy.
5. FOR THE COMPETITION
5.1. When entering the Virtual Baby Shower Competition please review the Competition Guidelines.
6. INTELLECTUAL PROPERTY
6.1. All information and content available on this Site and its “look and feel”, including but not limited to trademarks, logos, service marks, text, graphics, logos, button icons, images, audio clips, data compilations and software, and the compilation and organization thereof (collectively referred to as the “Content”) is the property of Baby Registry Online, our affiliates, partners or licensors, and is protected by South African and international laws, including laws governing copyrights and trademarks.
6.2. Except as set forth in the limited licenses in clause 7 below, or as required under applicable law, neither the Content nor any portion of this Site may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our express, prior written consent.
6.3. When you upload your data to the Site, you give us a worldwide license to use, host and store your data in accordance with our Privacy Policy.
6.4. “Data” means any data that you provide to us, including transactional information and personal information.
7. LIMITED LICENCES
7.1. We grant you a limited, revocable, non-transferrable and non-exclusive licence to access and make personal use of this Site. We may cancel your licence at any time for any reason. Your licence is automatically cancelled if you do not get our written permission before using this website in a way these Terms and Conditions do not allow.
7.2. This limited licence does not include the right to:
7.2.1. Frame or utilise framing techniques to enclose this Site or any portion thereof;
7.2.2. Republish, redistribute, transmit, sell, license or download this Site or any and/or all Content (except caching or as necessary to view this Site);
7.2.3. Make any use of this Site or any and/or all Content other than personal use;
7.2.4. Modify, reverse engineer or create any derivative works based upon either this Site or any and/or all Content;
7.2.5. Collect account information for the benefit of yourself or another party;
7.2.6. Use any meta tags or any other “hidden text” utilising any and/or all Content; or
7.2.7. Use any technology (software robots, spiders, crawlers, or similar data gathering and extraction tools) to search or gain any information from this Site, or take any other action that may impose an unreasonable burden or load on our infrastructure.
7.3. You must retain, without modification, all proprietary notices on this Site or affixed to or contained in this Site.
7.4. We also grant you a limited, revocable, and nonexclusive license to create a hyperlink to the home page of this Site for personal, non-commercial use only.
7.5. Any website that links to this Site:
7.5.1. May link to, but not replicate, any and/or all of our Content;
7.5.2. May not imply that we are endorsing such website or its services or products, or that you have any rights in our website or intellectual property;
7.5.3. May not misrepresent its relationship with us;
7.5.4. May not contain content that could be construed as distasteful, obscene, offensive controversial or illegal or inappropriate for any ages;
7.5.5. May not portray us or our products or services, in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate us with undesirable products, services, or opinions; and
7.5.6. May not link to any page of this Site other than the home page (deep link).
7.6. We may, in our sole discretion, request that you remove any link to this Site, and upon receipt of such request, you shall immediately remove such link and cease any linking unless separately and expressly authorised in writing by us to resume such linking.
7.7. Any unauthorised use by you of this Site, or any and/or all of our Content, or infringement of another person’s rights (including copyright), automatically terminates the limited licenses set forth in this clause 7.
7.8. We may also block you from using the Site, claim specific performance or damages against you and take any other steps the law allows without affecting our rights in terms of applicable law or these Terms and Conditions.
8. THIRD-PARTY LINKS
8.1. Please be advised this is a platform for showcasing products and Exposure Marketing and Communication will not be held liable with regards to the following.
8.2. This is not an e-commerce platform, rather this is an informational platform for expectant mothers. Therefore, should there be any false information displayed on the Site, the exhibitor is liable and as a result the participant or user will be required to deal directly with the exhibitor displaying false information.
8.3. We cannot be held not responsible for the content of any off-website pages or any other websites linked to or from this Site. Links appearing on this Site are for convenience only and are not an endorsement by us, our affiliates or our partners of the referenced content, product, service, or supplier. Your linking to or from any off-website pages or other websites is at your own risk.
8.4. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of, off-website pages or any other websites linked to or from this Site, nor do we assume any responsibility or liability for the actions, content, products, or services of such pages and websites, including, without limitation, their privacy policies and terms and conditions. You should carefully review the terms and conditions and privacy policies of all off-website pages and other websites that you visit.
9. INDEMNIFICATION
9.1. You agree to defend, indemnify and hold us harmless for any loss, damages or costs, including reasonable attorneys’ fees, resulting from any third-party claim, action, or demand resulting from your use of this site or breach of these terms.
9.2. You also agree to indemnify us for any losses, damages, or costs, including reasonable attorneys’ fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.
10. GOVERNING LAW
10.1. These Terms and Conditions, and our relationship and/or any dispute arising from or in connection with these Terms and Conditions shall be governed and interpreted in accordance with the law of the Republic of South Africa.
10.2. Your use of the Site will constitute your consent and submission to the above jurisdiction.
11. GENERAL
11.1. You acknowledge and consent that these Terms and Conditions, and related policies, constitute the entire agreement between us concerning your use of this Site and in relation to the subject matter hereof, and supersede and govern all prior proposals, agreements, or other communications.
11.2. We reserve the right, in our sole discretion, to change these Terms and Conditions at any time and where this affects your rights and obligations we will notify you of any changes by placing a notice in a prominent place on the Site or by email. If you do not agree with the change you must stop using the Site. Your continued use of this Site thereafter constitutes your agreement to all such changed Terms and Conditions and you will be deemed to have accepted such Terms and Conditions.
11.3. Baby Registry Online shall be entitled to cede, assign and delegate all or any of its rights and obligations in terms of these Terms and Conditions.
11.4. Any indulgence we may allow you will not affect or substitute any of our rights against you.
11.5. Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between yourself and Baby Registry Online. Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable arbitral award or court decision, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole but these Terms and Conditions shall be modified, to the extent possible, by the adjudicating entity to most fully reflect the original intent of the parties as reflected in the original provision.
11.6. If any term is void, invalid, unenforceable, or illegal, the term may be severed from, and will not affect, the rest of this agreement if it does not change its purpose.
If you have any questions regarding these Terms and Conditions, please email us on [email protected]