Legal - MyBellaBaby

Legal

This Terms of Service Agreement was updated and is effective on: March 11, 2018.

​Introduction

Please read the following to learn more about our privacy policy. By visiting, submitting information to, or using any of our Services, you are accepting the conditions outlined in this Privacy Policy and our Terms of Service Agreement.

Acceptance of this Agreement​
This is an Agreement between you and MyBellaBaby (“MBB”), and governs your use of the MBB Website and its content (collectively the “Website”). Each time you use the Website you signify your acceptance and agreement, and the acceptance and agreement of any person you purport to represent (and for purposes of this Agreement, “person” includes natural persons and any type of incorporated or unincorporated entity), without limitation or qualification, to be bound by this Agreement, and you represent and warrant that you have the legal authority to agree to and accept this Agreement on behalf of yourself and any person you purport to represent.

Permitted Users and Access
The Website may be used only by persons who are at least 18 years old and can form legally binding contracts under applicable law. The Website may not be used by persons in jurisdictions where access to or use of the Website or any part of it may be illegal or prohibited.

​Disclaimer and Liability Exclusion
MBB DOES NOT ACCEPT ANY LIABILITY FOR YOUR USE OF THE Website. YOUR USE OF THE Website IS AT YOUR OWN RISK. THE Website IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AND INCLUDING WITHOUT LIMITATION IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, DURABILITY, AVAILABILITY, TIMELINESS, ACCURACY, OR COMPLETENESS, ALL OF WHICH ARE HEREBY DISCLAIMED BY MBB TO THE FULLEST EXTENT PERMITTED BY LAW. MBB WILL NOT UNDER ANY CIRCUMSTANCES BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSS OR DAMAGE ARISING FROM, CONNECTED WITH, OR RELATING TO THE USE OF THE Website BY YOU OR ANY OTHER PERSON.

Personal Information Privacy
MBB collects uses and discloses your personal information in accordance with the MyBellaBaby Website and our Privacy Policy. By accepting this Agreement, and each time you use the Website, you consent to MBB’s collection, use and disclosure of your personal information in accordance with the Policy as it then reads without any further notice or any liability to you or any other person.

Ownership and Permitted Use of the Website
The Website, including all of its content, is the property of MBB and others, and is protected by Canadian and international copyright, trademark, and other laws. Your use of the Website does not transfer to you any ownership or other rights in the Website or its content.

The Website is made available to you for your lawful, personal, non-commercial use only. You may print or download Website pages for your personal, non-commercial use provided that you do not modify any of the Website pages or other content and you do not remove or alter any visible or non-visible identification, marks, notices, or disclaimers. You may not use the Website or its content for any other purpose or in any other way. In particular, the Website and its content may not be copied, imitated, reproduced, republished, uploaded, posted, transmitted, modified, indexed, catalogued, mirrored or distributed in any way, in whole or in part, without the express prior written consent of MBB.

​Trademark Information
MYBELLABABY, and MBB are trademarks, trade names and service marks owned by PACD Lazer Marketing Inc. Other product and company names and logos appearing on the Website may be registered or unregistered trade names, trademarks and service marks of their respective owners. Any use of the trade names, trademarks, service marks and logos displayed on the Website (collectively “Marks”), except as expressly provided in this Agreement, is strictly prohibited. Nothing appearing on the Website or elsewhere shall be construed as granting, by implication, estoppel, or otherwise, any licence or right to use any Marks.

Other Sites
For your convenience, the Website may include links to other Internet sites or resources and businesses operated by other persons (collectively “Other Sites”). Other Sites are independent from MBB, and MBB has no responsibility or liability for or control over Other Sites, their business, goods, services, or content. Your use of Other Sites and your dealings with the owners or operators of Other Sites is at your own risk.

​No Framing, Mirroring, Scraping, Data-Mining and Postings
You may provide a link (but not a framed link) to this site from any other Website, but not (save with our prior written agreement) in any way which creates the impression that we are associated with or have approved such other site. If you choose to link to our site, you must acknowledge the source (a clearly-visible adjacent link to www.mybellababy.ca is sufficient attribution).

Apart from this, you may not reproduce or store any part of this site on any other Website without our prior consent. To request permission or consent, please contact MBB at sales[at]mybellababy.ca.

Termination of this Agreement and the Website
If you breach any provision of this Agreement, you may no longer use the Website. MBB may, at any time and for any reason and in its sole discretion, change, suspend or terminate, temporarily or permanently, the Website or any part of it, or your permission to use the Website, without any prior notice or liability to you or any other person. If this Agreement or your permission to use the Website is terminated by you or MBB for any reason, then: (a) this Agreement will nevertheless continue to apply and be binding upon you in respect of your prior use of the Website; and (b) MBB may continue to use and disclose your personal information in accordance with the MBB Privacy Policy as amended from time to time.

Governing Law and Dispute Resolution
This Agreement, your use of the Website, and all related matters are governed solely by the laws of the Province of Ontario, Canada and applicable federal laws of Canada, excluding any rules of private international law or the conflict of laws which would lead to the application of any other laws. Any dispute between MBB and you or any other person arising from, connected with or relating to the Website, this Agreement or any related matters must be resolved before the Courts of the Province of Ontario sitting in the City of Toronto, and you hereby irrevocably submit and attorn to the original and exclusive jurisdiction of those Courts in respect of any such dispute or matter. Any claim or cause of action you may have arising from, connected with, or relating to your use of the Website, this Agreement, or any related matters must be commenced in a court of competent jurisdiction in the Province of Ontario within six (6) months after the claim or cause of action arises, after which time the claim or cause of action is forever barred.

Changes to this Agreement
MBB may, in its sole discretion, change, supplement or amend this Agreement as it relates to your future use of the Website from time to time, for any reason, and without any prior notice or liability to you or any other person. You may not change, supplement, or amend this Agreement in any manner.

Other Matters
This Agreement, including any changes made to this Agreement from time to time, constitutes the entire agreement between you and MBB relating to your use of the Website, and supersedes all previous agreements, written, oral or otherwise, between you and MBB with respect to your use of the Website.

If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed to be severed from the rest of this Agreement and shall not affect the validity and enforceability of any remaining provisions.

The provisions of this Agreement will ensure to the benefit of and be binding upon each of MBB and its successors and assigns and related persons, and you and your heirs, executors, administrators, successors, permitted assigns, and personal representatives. You may not assign this Agreement or your rights and obligations under this Agreement without the express prior written consent of MBB which may be withheld in MBB’s sole discretion. MBB may assign this Agreement and its rights and obligations under this Agreement without your consent.

No consent or waiver by either party to or of any breach or default by the other party in its performance of its obligations under this Agreement will be deemed or construed to be a consent to or waiver of a continuing breach or default or any other breach or default of those or any other obligations of that party. No consent or waiver will be effective unless in writing and signed by both parties.

The parties have expressly requested and required that this Agreement and all other related documents be drawn up in the English language.

Website and Electronic Communications Privacy Policy
Protecting your privacy is important toMBB. This Policy explains how MBB collects, uses, and discloses the personal information you may provide while using MBB’s Website (the “Website”) and in its Electronic Publications, newsletter, and announcements (“Electronic Communications”). Any personal information you provide to us through the Website will be treated with care, and subject to this Policy will not be used or disclosed in ways to which you have not consented.

By using the Website, you signify your consent to the collection, use, and disclosure of your personal information in accordance with this Policy. If you do not agree with this Policy, you may not use the Website.

Information Automatically Collected
Non-Identifiable Information — Like many other websites, the Website may automatically collect certain information regarding Website users, such as the Internet Protocol (IP) address of your computer, the IP address of your Internet Service Provider, the date and time you access the Website, the Internet address of the Website from which you linked directly to the Website, the operating system you are using, the sections of the Website you visit, the Website pages read and images viewed, and the materials you post to or download from the Website. This non-identifiable information is used for Website and system administration purposes and to improve the Website. Your non-identifiable information may be disclosed to others and permanently archived for future use.

Cookies
The Website may use “cookies”, a technology that installs information on a Website user’s computer to permit the Website to recognize future visits using that computer. Cookies enhance the convenience and use of the Website. You may choose to decline cookies if your browser permits, but doing so may affect your use of the Website and your ability to access certain features of the Website.

Google Analytics
The Website uses Google Analytics to collect information, in an anonymous form, about how visitors use the Website, including the number of visitors to the Website and the pages they have visited. MBB uses such information to compile reports and to help us improve the Website. By using the Website, you agree to such use of Google Analytics. Should you wish to opt-out of the use of Google Analytics, please click on the following link: https://tools.google.com/dlpage/gaoptout?hl=en

Personal Information You Specifically Provide to the Website

Your Personal Information — During your use of the Website, you may be asked to voluntarily provide certain personal information (such as your name, email address, postal address, and telephone number) for purposes such as facilitating communications with you or for applying for access to certain special features or areas of the Website.

Information collected automatically — We may receive and store certain types of non-personally identifiable information whenever you interact with us, including, without limitation, information that common web browsers and servers typically make available, such as the IP, browser type, language preference, referring site, and the date and time of each user request. Our purpose in collecting such information is to better understand how our users use MBB for the purpose of improving the Service.

Use of Your Personal Information — MBB may use your personal information to contact and correspond with you, to respond to your inquiries, and as otherwise permitted by law. Generally, MBB will consider the fact that you have voluntarily visited the Website and have provided MBB with contact information to signify your consent for MBB to use your contact Information for purposes of tracking our communications with you and providing you with information such as Electronic Communications relating to MBB and our offers which we think may be of interest or use to you.

Emails from MBB — If you provide your email address, MBB may send to you, from time to time, email containing information about MBB and other matters it believes will interest you. At any time you may ask MBB to stop sending you email and other information by contacting dsamtani[@]mybellababy.ca.

Tracking Information — In addition, MBB may use non-personal information to create aggregate tracking information reports regarding Website user demographics and Website traffic patterns. None of the tracking information in the reports can be connected to the identities or other personal information of individual users. MBB also may link tracking information with Website users’ personal information. Once such a link is made, all of the linked information is treated as personal information and will be used and disclosed only in accordance with this Policy, and in accordance with the law.

Disclosure of Use of Personal Information — MBB may disclose your personal information to a government institution that has asserted its lawful authority to obtain the information or where MBB has reasonable grounds to believe the information could be useful in the investigation of unlawful activity, or to comply with a subpoena or warrant or an order made by a court, person or body with jurisdiction to compel the production of information, or to comply with court rules regarding the production of records and information, or to protect MBB’s rights and property. We may use your email address to inform you from time to time about new offers or features, solicit feedback and may also use it for security reasons to confirm your provided information. We may use the information collected automatically, such as your IP address and information stored via cookies, to gather statistics about the number of people who visit MBB and to help us improve the Service. We may share this personally identifying information with third parties to better serve our users. Advertisements that appear on MBB are delivered to you by our advertising partners. We do not provide your email address to our advertising partners or third parties. We may, however, transfer information about your use of MBB, such as your IP address and information stored via cookies, to our advertising partners and other third parties. This information may be used to provide advertising, promotions and other products and services that may be of particular interest to you. It may also be used to provide you with a tailored choice of content. We reserve the right to publish any request or feedback that you submit through email or other feedback mechanisms, in order to help us clarify or respond to your request or to help us support other users. We reserve the right to transfer your personal information in the event of a transfer of ownership of MBB, such as acquisition by or merger with another company.

Storing and Securing Your Information —​ To help protect the confidentiality of your personal information, MBB employs security safeguards appropriate to the sensitivity of the information. Nevertheless, due to the nature of the Internet and Internet technologies, security and privacy risks cannot be eliminated and MBB cannot guarantee that your personal information will not be disclosed in ways not otherwise described in this Policy.

Accessing Your Personal Information — You may request access to your personal information and information about MBB’s collection, use and disclosure of that information by contacting MBB at dsamtani[@]mybellababy.ca. Subject to certain exceptions prescribed by law, you will be given reasonable access to your personal information, and will be entitled to challenge the accuracy and completeness of the information and to have it amended as appropriate. You can help MBB maintain the accuracy of your information by notifying MBB of any changes to your personal information.

Withdrawal of Consent — In some jurisdictions, you may withdraw your consent to the use and intention of personal information about you. To do this, please contact dsamtani[@]mybellababy.ca as noted above. Additionally, we routinely provide “opt out” or “unsubscribe” instructions on our Electronic Communications to provide for removal of your name from future transmissions.

Other Websites — The Website may contain links to other Websites or Internet resources. When you click on one of those links you are contacting another Website or Internet resource that may collect information about you voluntarily or through cookies or other technologies. MBB has no responsibility or liability for or control over those other Websites or Internet resources or their collection, use and disclosure of your personal information.

​Website Use Agreement — The Website Use Agreement governing your use of the Website contains important provisions disclaiming and excluding the liability of MBB and others regarding your use of the Website and provisions determining the applicable law and exclusive jurisdiction for the resolution of any disputes regarding your use of the Website. Each of those provisions also applies to any disputes that may arise in relation to this Policy and the collection, use and disclosure of your personal information, and are of the same force and effect as if they had been reproduced directly in this Policy.

Former Users — If you stop using the Website or your permission to use the Website is terminated by MBB, MBB may continue to use and disclose your personal information in accordance with this Policy as amended from time to time, and subject to compliance with the law.

Privacy Policy Changes — This Policy may be changed by MBB from time to time in MBB’s sole discretion and without any prior notice or liability to you or any other person. The collection, use and disclosure of your personal information by MBB will be governed by the version of this Policy in effect at that time. New versions of this Policy will be posted here. Your continued use of the Website and receipt or request of any Electronic Communication subsequent to any changes to this Policy will signify that you consent to the collection, use and disclosure of your personal information in accordance with the changed Policy. Accordingly, when you use the Website or receive or request any Electronic Communication, you should check the date of this Policy and review any changes since the last version. You should also bookmark this page and periodically review this Policy to ensure that you are familiar with the most current version.

Electronic Communications — Generally, Electronic Communications are not to be construed as legal advice. Delivering of the same will not instantiate or begin any relationship between MBB and the recipient as Solicitor and Client. Electronic Communications are meant to provide access to information and knowledge of interest generally, and not with respect to your particular facts or circumstances. If an Electronic Communication raises any point of interest, please feel free to contact one of our professionals to arrange for a consultation.

Updates — We reserve the right, at our sole discretion, to update this Privacy Policy at any time without notice. If we do this, we will post the changes to this Policy and will post the date this Policy was last updated. Additionally, we may send registered users an email notifying you of the change. Your continued use of MBB after any such change constitutes your acceptance of the new Policy. If you do not agree to the current or future conditions of the Policy, please do not continue to use or access MBB. It is your responsibility to regularly check the Policy to determine if there have been changes and to review such changes.

Comments  If you have any comments or questions about this Policy or your personal information, please contact MBB at info[@]mybellababy.ca.

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