Terms and Conditions
The following terms and conditions govern all use of the www.themommyteam.com website and all content, services and products available at or through the website (“the site”). The Website is owned and operated by The Biswas Group, Inc. (“The Biswas Group”). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on this Site by The Mommy Team(collectively, the “Agreement���).
Please read this Agreement carefully before accessing or using the site. By accessing or using any part of the site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the site or use any services. You also represent, acknowledge and agree that you are at least 18 years of age, or if you are under 18 years of age but are at least 13 years old, that you are using the site with the consent of your parent or legal guardian and that you have received your parent’s or legal guardian’s permission to enter into this Agreement. If you are a parent or legal guardian who is registering for a child, you hereby agree to bind your child to this Agreement and to fully indemnify, release and hold harmless The Mommy Team if your child breaches or dis-affirms any term or condition of this Agreement.
Terms of Sale
Sales of Products and Subscriptions to End Users Only
The Mommy Team is an independent service provider that sells baby apparel, accessories and other baby products (the “Product(s)”) from the Site to end-user customers who purchase subscriptions to receive the Products (“Subscription(s)”) only for their own personal, non-commercial use or for use as Gifts. You may not purchase Products or Memberships for further distribution or resale or for any other commercial or business purpose. The Subscription and all rights and privileges conferred are personal and non-transferable.
Pricing for Products and Subscriptions can be found on The Mommy Team's "Get Started" page. The price that we will charge you for the Products and Memberships will be the price as posted on the Site on the date you first sign-up for a Membership to the Site. The Mommy Team reserves the right to change prices for Products and Subscriptions at any time, and does not provide price protection or refunds in the event of promotions or price decreases.
Subscriptions Termination & Cancellation
Subscriptions typically run from the start of the subscription period to 12 months after the baby's date of birth. The Subscription is automatically terminated at that point. You may cancel your Subscription at any time prior to the natural termination of a subscription. Please visit the "Subscriptions" page after you login. You would be able to view all of your subscriptions and can choose to cancel each one individually. On cancellation of a subscription, The Mommy Team shall cease deducting subscription fees for that Subscription as well as shiping any further Packages and college paper topics
. You will not be eligible for refund of the any subscription fees charged prior to the Subscription cancel request date
Payment Methods and Subscription Terms
The Mommy Team accepts credit card payments only. You agree to pay all fees charged to your account based on The Mommy Team’s fees, charges, and billing terms in effect as shown on the "Billing and Shipping" page when you first sign-up for a Subscription ot to buy a Gift Coupon. You are also responsible for paying any sales and use taxes that may apply to your purchase of Products or Subscriptions based on the address that you provide as the shipping address when you register for a Subscription, and you authorize The Mommy Team or the third party payment processing service provider that we engage to charge your credit card for any such taxes and fees. During the duration of a Subscription, The Mommy Team shall charge applicable monthly subscription fees to the card on file. All payments shall be made by credit card in advance prior to shipping the Products. If you do not pay on time or if your credit card cannot be charged for any reason, The Mommy Team reserves the right to either suspend or terminate your account and Subscription and terminate these Terms of Service. All sales and payments will be in US Dollars. The Mommy Team and The Mommy Team's third party payment service provider may receive updated credit card information from your credit card issuer. The disbursement of the updated credit card information is provided to The Mommy Team and The Mommy Team's third party payment service provider at the election of your credit card issuer. Neither The Mommy Team nor The Mommy Team's third party payment service provider are responsible for the distribution of your credit card information. It is at the sole election of your credit card issuer. Your credit card issuer may give you the right to opt out of the update service. It is your responsibility to contact your credit card issuer with regards to your right to opt out of the update service.
Shipping and Product Acceptance
The shipment date for the monthly packages will be determined based on the Date of Birth/ Expected Date of Delivery given by Subscriber at the time of registration and subscription. All shipments are sent via the US Postal Service, FedEx and UPS. The risk of loss and title for all Products purchased via the Site pass to the Customer upon delivery of the item to the carrier.
Gift Coupon Purchase
Gift Coupon Denominations
Gift Coupon Redemption
Gift Coupons may only be redeemed toward the purchase of eligible products on the Website. Gift Coupons can be redeemed by signing up for a new subscription. At the time of creating a new Subscription the Gift Coupon balance will be redeemed against the immediate payment due. If the Gift Coupon denomination is of $100 and the immediate amount due is $50, then the remaining $50 will be deducting from the next month's invoice. If there is a balance remaining on the Gift Coupon that is not redeemed through the subsequent month's package, then you may be able to obtain your Gift Coupon balance by contacting The Mommy Team customer service at email@example.com. If an order exceeds the amount of the Gift Coupon, the balance must be paid with a credit card or other payment method accepted by The Mommy Team. The policy for redemption of Gift Coupons on the Website is subject to change in The Mommy Team’s sole discretion.
Use and Limitations
Gift Coupons cannot be used to purchase other Gift Coupons. Gift Coupons cannot be reloaded, resold, transferred for value, redeemed for cash, or applied to any other account, except to the extent required by law. Gift Coupons are not returnable or refundable for cash except in states where required by law. Gift Coupons may not be sold or bartered to third parties. Gift Coupons may be used as personal or business gifts, but may not be used in connection with any marketing, advertising, or other promotional activities (including without limitation via websites, Internet advertisements, email, telemarketing, direct mail, newspaper and magazine advertisements, and radio and television broadcasts) unless you obtain The Mommy Team's prior written approval. Use of The Mommy Team's name, logo, trade dress (including any image/likeness of the Gift Coupons) or trademarks (or those of any of its subsidiaries or affiliates) in connection with the purchase or use of The Mommy Team Gift Coupons is strictly prohibited. Furthermore, the use of The Mommy Team Gift Coupons in any manner that states or implies that any person, website, business, product, or service is endorsed or sponsored by, or otherwise affiliated with, The Mommy Team or any of its subsidiaries or affiliates is prohibited.
The Mommy Team shall have the right to close member accounts or any related account(s) if The Mommy Team suspects a Gift Coupon is being used in a fraudulent manner to make purchases on the Website. If a fraudulently obtained Gift Coupon is redeemed and/or used to make purchases on the Website or any of its affiliated websites set forth above The Mommy Team shall immediately suspend the Gift Coupon and may recoup the amount of the Gift Coupon by charging the amount from the Credit or Debit Card supplied. The Mommy Team may also cancel or remove any and all The Mommy Team Credits on the member accounts and/or any related account(s). The Mommy Team has a zero-tolerance Fraud policy.
Disclaimer of Warranties
The Website is provided “as is”. The Mommy Team and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither The Mommy Team nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
Limitation of Liability and Indemnification
You expressly understand and agree that The Mommy Team, including any vendors and service providers associated with or assisting in providing the program, shall not be liable to you for any direct, indirect, incidental, special, consequential, or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the company was advised of the possibility of such damages), resulting from: (i) the use or the inability to use the program; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services obtained or messages received or transactions entered into through, from, or as a result of the program; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on or through the program; or (v) any other matter relating to the program. Some jurisdictions do not allow the exclusion of certain promises or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations in this paragraph may not apply to you.To the fullest extent possible by law, the company's, including any vendors and service providers, maximum aggregate liability arising out of or in connection with the program, regardless of the cause of action (whether in contract, tort, breach of warranty, or otherwise), will not exceed $100 (one hundred dollars). In no event does the company exclude or limit its liability in respect of personal injury or death caused by its negligence, fraud, or any other liability the limitation or exclusion of which is not permitted by law.
General Representation and Warranty
The Mommy Team reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Juniper 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 be subject to the terms and conditions of this Agreement.
This Agreement constitutes the entire agreement between The Mommy Team and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of The Mommy Team, or by the posting by The Mommy Team of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of Washington, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in King County, Washington. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; The Mommy Team may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
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