By accessing and placing an order with , you confirm that you are in agreement with and bound by the
terms of service
contained in the Terms & Conditions outlined below. These terms apply to the entire website and any
email or other type
of communication between you and .Under no circumstances shall team be liable for any direct,
indirect, special,
incidental or consequential damages, including, but not limited to, loss of data or profit, arising
out of the use, or
the inability to use, the materials on this site, even if team or an authorised representative has
been advised of the
possibility of such damages. If your use of materials from this site results in the need for
servicing, repair or
correction of equipment or data, you assume any costs thereof.will not be responsible for any
outcome that may occur
during the course of usage of our resources. We reserve the rights to change prices and revise the
resources usage
policy in any moment.
License
BABU grants you a revocable, non-exclusive, non- transferable, limited license to download, install
and use our service
strictly in accordance with the terms of this Agreement.These Terms & Conditions are a contract
between vou and BABU
(referred to in these Terms & Conditions as "BABU", "us", "we" or"our"), the provider of the BABU
website and the
services accessible from the BABU website (which are collectively referred to in these Terms &
Conditions as the "BABU
Service"). You are agreeing to be bound by these Terms & Conditions. If you do not agree to these
Terms & Conditions, please do not
use the Service. In these Terms & Conditions, "you" refers both to you as an individual and to the
entity you represent.
If you violate any of these Terms & Conditions, we reserve the right to cancel your account or block
access to your
account without notice.
Definitions and key terms
For this Terms & Conditions:
Cookie: small amount of data generated by a website and saved by your web
browser. It is used to identify your browser,
provide analytics, remember information about you such as your language preference or login
information.
Company when this policy mentions "Company," "we," "us," or "our," it refers to
BABUSPACE (Pty) LTD, Johannesburg,
South Africa that is responsible for your information under this Privacy Policy.
Country: where BABU or the owners/founders of BABU are based, in this case is
South Africa.
Customer: refers to the company, organization or person that signs up to use
the BABU Service to manage the
relationships with your consumers or service users.
Device: any internet connected device such as a phone, tablet, computer or any
other device that can be used to visit BABU and
use the services.
IP address: Every device connected to the Internet is assigned a number known
as an Internet protocol (IP) address.
These numbers are usually assigned in geographic blocks. An IP address can often be used to
identify the location from
which a device is connecting to the Internet.
Personnel: refers to those individuals who are employed by BABU or are under
contract to perform a service on behalf of
one of the parties.
Personal Data: any information that directly, indirectly, or in connection with
other information - including a personal
identification number - allows for the identification or identifiability of a natural person.
Service: refers to the service provided by BABU as described in the relative
terms (if available) and on this platform.
Third-party service: refers to advertisers, contest sponsors, promotional and
marketing partners, and others who provide
our content or whose products or services we think may interest you.
Website: BABU's site, which can be accessed via this URL: not yet available
You: a person or entity that is registered with BABU to use the Services.
Restrictions
You agree not to, and you will not permit others to:
License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise
commercially exploit
the service or make the platform available to any third party.
Modify, make derivative works of, disassemble, decrypt, reverse compile or reverse engineer any
part of the service.
Remove, alter or obscure any proprietary notice (including any notice of copyright or trademark)
of or its affiliates,
partners, suppliers or the licensors of the service.
Payment
If you register to any of our recurring payment plans, you agree to pay all fees or charges to your
account for the
Service in accordance with the fees, charges and billing terms in effect at the time that each fee
or charge is due and
payable. Unless otherwise indicated in an order form, you must provide us with a valid credit card
(Visa, MasterCard, or
any other issuer accepted by us)("Payment Provider") as a condition to signing up for the Premium
plan. Your Payment
Provider agreement governs your use of the designated credit card account, and you must refer to
that agreement and not
these Terms to determine your rights and liabilities with respect to your Payment Provider. By
providing us with your
credit card number and associated payment information, you agree that we are authorized to verify
information
immediately, and subsequently invoice your account for all fees and charges due and payable to us
hereunder and that no
additional notice or consent is required. You agree to immediately notify us of any change in your
billing address or
the credit card used for payment hereunder. We reserve the right at any time to change its prices
and billing methods,
either immediately upon posting on our Site or by e-mail delivery to your organization's
administrators. Any attorney fees, court costs, or other costs incurred in collection of delinquent
undisputed amounts shall be the responsibility of and paid for by you. No contract will exist
between you and us for the
Service until we accept your order by a confirmatory e-mail, SMS/MMS message, or other appropriate
means of
communication. You are responsible for any third-party fees that you may incur when using the
Service.
Return and Refund Policy
Thanks for shopping with us. We appreciate the fact that you like to buy the stuff we build. We also
want to make sure
you have a rewarding experience while you're exploring, evaluating, and purchasing our products.As
with any shopping
experience, there are terms and conditions that apply to transactions at our company. We'll be as
brief as our attorneys
will allow. The main thing to remember is that by placing an order or making a purchase from us, you
agree to the terms
along with our Privacy Policy.If. for any reason, You are not completely satisfied with any good or
service that we
provide, don't hesitate to contact us and we will discuss any of the issues you are going through
with our product.
Your Suggestions
Any feedback, comments, ideas, improvements or suggestions (collectively, "Suggestions") provided by
you to us with
respect to the service shall remain the sole and exclusive property of us. We shall be free to use,
copy, modify,
publish, or redistribute the Suggestions for any purpose and in any way without any credit or any
compensation to you.
Your Consent
We've updated our Terms & Conditions to provide you with complete transparency into what is being set
when you visit our
site and how it's being used. By using our service, registering an account, or making a purchase,
you hereby consent to
our Terms & Conditions.
Links to Other Websites
Our service may contain links to other websites that are not operated by Us. If You click on a third
party link, You
will be directed to that third party's site. We strongly advise You to review the Terms & Conditions
of every site You
visit. We have no control over and assume no responsibility for the content, Terms & Conditions or
practices of any
third party sites or services.
Cookies
We use "Cookies" to identify the areas of our website that you have visited. A Cookie is a small
piece of data stored on
your computer or mobile device by your web browser. We use Cookies to enhance the performance and
functionality of our
service but are non-essential to their use. However, without these cookies, certain functionality
like videos may become
unavailable or you would be required to enter your login details every time you visit our platform
as we would not be
able to remember that you had logged in previously. Most web browsers can be set to disable the use
of Cookies. However,
if you disable Cookies, you may not be able to access functionality on our website correctly or at
all. We never place
Personally Identifiable Information in Cookies.
Changes To Our Terms & Conditions
You acknowledge and agree that we may stop (permanently or temporarily) providing the Service (or any
features within
the Service) to you or to users generally at our sole discretion, without prior notice to you. You
may stop using the
Service at any time. You do need to specifically inform us before you stop using the Service. You
acknowledge and agree
that if we disable access to your account, you may be prevented from accessing the Service, your
account details or any
files or other materials which is contained in your account. If we decide to change our Terms &
Conditions, we will post
those changes on this page, and/or update the Terms &Conditions modification date below.
Submissions and Privacy
In the event that you submit or post any ideas, creative suggestions, designs, photographs,
information, advertisements,
data or proposals, including ideas for new or improved products, services, features, technologies or
promotions, you expressly agree that such submissions will
automatically be treated as non- confidential and non-proprietary and will become the sole property
of us without any
compensation or credit to you whatsoever. We and our affiliates shall have no obligations with
respect to such
submissions or posts and may use the ideas contained in such submissions or posts for any purposes
in any medium in
perpetuity, including, but not limited to, developing, manufacturing, and marketing products and
services using such
ideas.
Promotions
We may, from time to time, include contests, promotions, sweepstakes, or other activities
("Promotions") that require
you to submit material or information concerning yourself. Please note that all Promotions may be
governed by separate
rules that may contain certain eligibility requirements, such as restrictions as to age and
geographic location. You are
responsible to read all Promotions rules to determine whether or not you are eligible to
participate. If you enter any
Promotion, you agree to abide by and to comply with all Promotions Rules. Additional terms and
conditions may apply to
purchases of goods or services on or through the Services, which terms and conditions are made a
part of this Agreement
by this reference.
Modifications to Our service
We reserve the right to modify, suspend or discontinue, temporarily or permanently, the service or
any service to which
it connects, with a 30 days notice and without liability to you.
Updates to Our service
We may from time to time provide enhancements or improvements to the features/ functionality of the
service, which may
include patches, bug fixes, updates, upgrades and other modifications ("Updates"). Updates may modify
or delete certain
features and/or functionalities of the service. You agree that we have no obligation to (i) provide
any Updates, or (ii)
continue to provide or enable any particular features and/or functionalities of the service to you.
You further agree that all Updates will be (i) deemed to constitute an integral part of the
service, and (ii) subject to the terms and conditions of this Agreement.
Third-Party Services
We may display, include or make available third-party content (including data, information,
applications and other
products services) or provide links to third-party websites or services ("Third- Party Services").
You acknowledge and
agree that we shall not be responsible for any Third-Party Services, including their accuracy,
completeness, timeliness,
validity, copyright compliance, legality, decency, quality or any other aspect thereof. We do not
assume and shall not
have any liability or responsibility to you or any other person or entity for any Third-Party
Services. Third-Party
Services and links thereto are provided solely as a convenience to you and you access and use them
entirely at your own
risk and subject to such third parties' terms and conditions.
Term and Termination
This Agreement shall remain in effect until terminated by you or us. We may, in its sole
discretion, at any time and for
any or no reason, suspend or terminate this Agreement with 30 days prior notice. This Agreement
will terminate
immediately, without prior notice from us, in the event that you fail to comply with any
provision of this Agreement.
You may also terminate this Agreement by deleting the service and all copies thereof from your
computer. Upon
termination of this Agreement, you shall cease all use of the service and delete all copies of
the service from your
computer. Termination of this Agreement will not limit any of our rights or remedies at law or
in equity in case of
breach by you (during the term of this Agreement) of any of your obligations under the present
Agreement.
If you are a copyright owner or such owner's agent and believe any material from us constitutes
an infringement on your
copyright, please contact us setting forth the following information: (a) a physical or
electronic signature of the
copyright owner or a person authorised to act on his behalf; (b) identification of the material
that is claimed to be
infringing; (c) your contact information, including your address, telephone number, and an
email; (d) a statement by you
that you have a good faith belief that use of the material is not authorised by the copyright
owners; and (e) the a
statement that the information in the notification is accurate, and, under penalty of perjury you
are authorised to act on behalf of the
owner.
No Warranties
The service is provided to you "AS IS" and "AS AVAILABLE" and with all faults and defects without
warranty of any kind.
To the maximum extent permitted under applicable law, we, on our own behalf and on behalf of our
affiliates and our
respective licensors and service providers, expressly disclaims all warranties, whether express,
implied, statutory or
otherwise, with respect to the service, including all implied warranties of merchantability, fitness
for a particular
purpose, title and non- infringement, and warranties that may arise out of course of dealing, course
of performance,
usage or trade practice. Without limitation to the foregoing, we provide no warranty or undertaking,
and makes no
representation of any kind that the service will meet your requirements, achieve any intended
results, be compatible or
work with any other software, websites, systems or services, operate without interruption, meet any
performance or
reliability standards or be error free or that any errors or defects can or will be
corrected.Without limiting the
foregoing, neither us nor any provider makes any representation or warranty of any kind, express or
implied: (i) as to
the operation or availability of the service, or the information, content, and materials or products
included thereon;
(i) that the service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or
currency of any
information or content provided through the service; or (iv) that the service, its servers, the
content, or e-mails sent
from or on behalf of us are free of viruses, scripts, trojan horses, worms, malware, timebombs or
other harmful
components. Some jurisdictions do not allow the exclusion of or limitations on implied warranties or
the limitations on
the applicable statutory rights of a consumer, so some or all of the above exclusions and
limitations may not apply to
you.
Limitation of Liability
Notwithstanding any damages that you might incur, the entire liability of us and any of our suppliers
under any
provision of this Agreement and your exclusive remedy for all of the foregoing shall be limited to
the amount actually
paid by you for the service. To the maximum extent permitted by applicable law, in no event shall we
or our suppliers be
liable for any special, incidental, indirect, or consequential damages whatsoever (including, but
not limited to,
damages for loss of profits, for loss of data or other information, for business interruption, for
personal injury, for
loss of privacy arising out of or in any way related to the use of or inability to use the service,
third-party software
and/or third-party hardware used with the service, or otherwise in connection with any provision of
this Agreement),
even if we or any supplier has been advised of the possibility of such damages and even if the
remedy fails of its
essential purpose. Some states/jurisdictions do not allow the exclusion or limitation of incidental
or consequential
damages, so the above limitation or exclusion may not apply to you.
Severability
If any provision of this Agreement is held to be unenforceable or invalid, such provision will be
changed and
interpreted to accomplish the objectives of such provision to the greatest extent possible under
applicable law and the
remaining provisions will continue in full force and effect.This Agreement, together with the
Privacy Policy and any
other legal notices published by us on the Services, shall constitute the entire agreement between
you and us concerning
the Services. If any provision of this Agreement is deemed invalid by a court of competent
jurisdiction, the invalidity
of such provision shall not affect the validity of the remaining provisions of this Agreement, which
shall remain in
full force and effect. No waiver of any term of this Agreement shall be deemed a further or
continuing waiver of such
term or any other term, and our failure to assert any right or provision under this Agreement shall
not constitute a
waiver of such right or provision. YOU AND US AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR
RELATED TO THE SERVICES
MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION
IS PERMANENTLY
BARRED.
Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation
under this
Agreement shall not effect a party's ability to exercise such right or require such performance at
any time thereafter
nor shall be the waiver of a breach constitute waiver of any subsequent breach.No failure to
exercise, and no delay in
exercising, on the part of either party, any right or any power under this Agreement shall operate
as a waiver of that
right or power. Nor shall any single or partial exercise of any right or power under this Agreement
preclude further
exercise of that or any other right granted herein. In the event of a conflict between this Agreement
and any applicable
purchase or other terms, the terms of this Agreement shall govern.
Amendments to this Agreement
We reserve the right, at its sole discretion, to modify or replace this Agreement at any time. If a
revision is material
we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a
material change will
be determined at our sole discretion. By continuing to access or use our service after any revisions
become effective,
you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer
authorised to use
our service will be forced to terminate your contract if this happen before your contract expires
with penalties as
mentioned in the termination section.
Entire Agreement
The Agreement constitutes the entire agreement between you and us regarding your use of the service
and supersedes all
prior and contemporaneous written or oral agreements between you and us. You may be subject to
additional terms and
conditions that apply when you use or purchase other services from us, which we will provide to you
at the time of such
use or purchase.
Updates to Our Terms
We may change our Service and policies, and we may need to make changes to these Terms so that they
accurately reflect
our Service and policies. Unless otherwise required by law, we will notify you (for example, through
our Service) before
we make changes to these Terms and give you an opportunity to review them before they go into
effect. Then, if you continue to use the
Service, you will be bound by the updated Terms. If you do not want to agree to these or any updated
Terms, you can
delete your account.
Intellectual Property
Our platform and its entire contents, features and functionality (including but not limited to all
information,
software, text, displays, images, video and audio, and the design, selection and arrangement
thereof), are owned by us,
its licensors or other providers of such material and are protected by and international copyright,
trademark, patent,
trade secret and other intellectual property or proprietary rights laws. The material may not be
copied, modified,
reproduced, downloaded or distributed in any way, in whole or in part, without the express prior
written permission of
us, unless and except as is expressly provided in these Terms & Conditions. Any unauthorised use of
the material is
prohibited.
Agreement to Arbitrate
his section applies to any dispute EXCEPT IT DOESN'T INCLUDE A DISPUTE RELATING TO CLAIMS FOR
INJUNCTIVE OR EQUITABLE
RELIEF REGARDING THE ENFORCEMENT OR VALIDITY OF YOUR OR BABU's INTELLECTUAL PROPERTYRIGHTS. The term
"dispute" means any
dispute, action, or other controversy between you and us concerning the Services or this agreement,
whether in contract,
warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis. "Dispute"
will be given the
broadest possible meaning allowable under law.
Notice of Dispute
In the event of a dispute, you or us must give the other a Notice of Dispute, which is a written
statement that sets
forth the name, address, and contact information of the party giving it, the facts giving rise to
the dispute, and the
relief requested. You must send any Notice of Dispute via email to: . We will send any Notice of
Dispute to you by mail
to your address if we have it, or otherwise to your email address. You and us will attempt to
resolve any dispute
through informal negotiation within sixty (60) days from the date the Notice of Dispute is sent.
After sixty (60) days,
you or us may commence arbitration.
Binding Arbitration
If you and us don't resolve any dispute by informal negotiation, any other effort to resolve the
dispute will be
conducted exclusively by binding arbitration as described in this section. You are giving up the
right to litigate (or
participate in as a party or class member) all disputes in court before a judge or jury. The dispute
shall be settled by
binding arbitration in accordance with the commercial arbitration rules of the American Arbitration
Association. Either
party may seek any interim or preliminary injunctive relief from any court of competent
jurisdiction, as necessary to
protect the party's rights or property pending the completion of arbitration. Any and all legal,
accounting, and other
costs, fees, and expenses incurred by the prevailing party shall be borne by the non-prevailing
party.
Typographical Errors
In the event a product and/or service is listed at an incorrect price or with incorrect information
due to typographical
error, we shall have the right to refuse or cancel any orders placed for the product and/ or service
listed at the
incorrect price. We shall have the right to refuse or cancel any such order whether or not the order
has been confirmed
and your credit card charged. If your credit card has already been charged for the purchase and your
order is canceled,
we shall immediately issue a credit to your credit card account or other payment account in the
amount of the charge.
Miscellaneous
If for any reason a court of competent jurisdiction finds any provision or portion of these Terms &
Conditions to be
unenforceable, the remainder of these Terms & Conditions will continue in full force and effect. Any
waiver of any
provision of these Terms & Conditions will be effective only if in writing and signed by an
authorized representative of
us. We will be entitled to injunctive or other equitable relief (without the obligations of posting
any bond or surety)
in the event of any breach or anticipatory breach by you. We operate and control our Service from
our offices in . The
Service is not intended for distribution to or use by any person or entity in any jurisdiction or
country where such
distribution or use would be contrary to law or regulation. Accordingly, those persons who choose to
access our Service
from other locations do so on their own initiative and are solely responsible for compliance with
local laws, if and to
the extent local laws are applicable. These Terms & Conditions (which include and incorporate our
Privacy Policy)
contains the entire understanding, and supersedes all prior understandings, between you and us
concerning its subject matter, and cannot be
changed or modified by you. The section headings used in this Agreement are for convenience only and
will not be given
any legal import.
Disclaimer
We are not responsible for any content, code or any other imprecision. We do not provide warranties
or guarantees. In no
event shall we be liable for any special, direct, indirect, consequential, or incidental damages or
any damages
whatsoever, whether in an action of contract, negligence or other tort, arising out of or in
connection with the use of
the Service or the contents of the Service. We reserve the right to make additions, deletions, or
modifications to the
contents on the Service at any time without prior notice.Our Service and its contents are provided
"as is" and "as
available" without any warranty or representations of any kind, whether express or implied. We are a
distributor and not
a publisher of the content supplied by third parties; as such, our exercises no editorial control
over such content and
makes no warranty or representation as to the accuracy, reliability or currency of any information,
content, service or
merchandise provided through or accessible via our Service. Without limiting the foregoing, We
specifically disclaim all
warranties and representations in any content transmitted on or in connection with our Service or on
sites that may
appear as links on our Service, or in the products provided as a part of, or otherwise in connection
with, our Service,
including without limitation any warranties of merchantability, fitness for a particular purpose or
non-infringement of
third party rights. No oral advice or written information given by us or any of its affiliates,
employees, officers,
directors, agents, or the like will create a warranty. Price and availability information is subject
to change without
notice. Without limiting the foregoing, we do not warrant that our Service will be uninterrupted,
uncorrupted, timely,
or error-free.
Contact Us
Don't hesitate to contact us if you have any questions. Via Email:
babusstartup@gmail.com