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Terms and Conditions – BabyTalk.sg

THESE ARE THE GENERAL TERMS AND CONDITIONS GOVERNING YOUR USE OF THIS WEBSITE AND OUR SERVICES. BY ACCESSING, USING OR SIGNING UP FOR THIS WEBSITE, OUR NEWSLETTERS OR ANY OTHER SERVICES, YOU ARE CONCLUDING A LEGALLY BINDING AGREEMENT BASED ON THESE TERMS WITH BABYTALK. 

  1. ACCEPTANCE OF TERMS

1.1 We are Plasty Talk and we own and operate this website (“Site”) at https://BABYTALK.sg.

1.2 Your use of this Site is subject to these Terms of Use. By using the Site, you are deemed to have accepted and agree to be bound by these Terms of Use. We may make changes to these Terms of Use from time to time. We may notify you of such changes by any reasonable means, including by posting the revised version of these Terms of Use on the Site. Your use of the Site following changes to these Terms of Use will constitute your acceptance of those changes.

  1. ABILITY TO ACCEPT TERMS OF USE

2.1 You affirm that you are either more than 18 years of age, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use.

  1. SITE ACCESS

3.1 You are responsible for all access to the Site using your internet connection, even if the access is by another person.

3.2 We will use reasonable efforts to ensure that the Site is available at all times. However, we cannot guarantee that the Site or any individual function or feature of the Site will always be available and/or error free. The Site may be unavailable during periods when we are implementing upgrades or carrying our essential maintenance on the Site.

  1. ACCESS TO SITE OUTSIDE OF SINGAPORE

4.1 We make no promise that the materials on the Site are appropriate or available for use in locations outside Singapore. Accessing the Site from territories where its contents are illegal or unlawful is prohibited. If you choose to access the Site from elsewhere, you do so on your own initiative and are responsible for compliance with local laws.

  1. YOUR USE OF THE SITE

5.1 Your permission to use the Site is personal to you and non-transferable, and you may not use the Site for commercial purposes. Your use of the Site is conditional on your compliance with the rules of conduct set forth in these Terms of Use and you agree that you will not:

5.1.1 Use the Site for any fraudulent or unlawful purpose;

5.1.2 Use the Site to defame, abuse, harass, stalk, threaten or otherwise violate the rights of others, including without limitation others’ privacy rights or rights of publicity;

5.1.3 Impersonate any person or entity, false state or otherwise misrepresent your affliation with any person or entity in connection with the Site or express or imply that we endorse any statement you make;

5.1.4 Interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available or violate any requirements, procedures, policies or regulations of such networks;

5.1.5 Transmit or otherwise make available in connection with the Site any virus, worm or other computer code that is harmful or invasive or may or is intended to damage the operation of, or to monitor the use of, any hardware, software, or equipment;

5.1.6 Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Site;

5.1.7 Modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Site. If you wish to reverse engineer any part of the Site to create an interoperable program you must contact us and we may provide interface data subject to verification of your identity and other information;

5.1.8 Remove any copyright, trade mark or other proprietary rights notice from the Site or materials originating from the Site;

5.1.9 Frame or mirror any part of the Site without our express prior written consent;

5.1.10 Create a database by systematically downloading and storing Site content;

5.1.11 Use any manual or automatic device in any way to gather Site content or reproduce or circumvent the navigational structure or presentation of the Site without our express prior written consent. Notwithstanding the foregoing, we grant the operators of public online search engines limited permission to use search retrieval applications to reproduce materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of such materials solely in connection with each operator’s public online search service.

5.1.12 You may also request information directly from a specific health care professional by submitting an inquiry through their profile or inquiry form. You understand these requests, including personally identifiable information, are made voluntarily.

5.2 We reserve the right to revoke these exceptions either generally or in specific instances.

  1. THIRD PARTY WEBSITES

6.1 The Site may provide links to other websites and online resources. We are not responsible for and do not endorse such external sites or resources. Your use of third party websites and resources is at your own risk.

6.2 You may create a link to this Site, provided that:

6.2.1 The link is fair and legal and is not presented in a way that is:

(a) Misleading or could suggest any type of association, approval or endorsement by us that does not exist, or

(b) Harmful to our reputation or the reputation of any of our affiliates;

6.2.2 You retain the legal right and technical ability to immediately remove the link at any time, following a request by us to do so.

6.3 We reserve the right to require you to immediately remove any link to the Site at any time and you shall immediately comply with any request by us to remove any such link.

  1. INTELLECTUAL PROPERTY

7.1 The intellectual property rights in the Site and all of the text, pictures, videos, graphics, user interfaces, visual interfaces, trademarks, logos, applications, programs, computer code and other content made available on it are owned by us and our licensors. You may not print or otherwise make copies of any such content without our express prior permission

  1. LIMITATION OF LIABILITY

8.1 We provide the Site on an “as is” basis and make no representations as to the quality, completeness or accuracy of any content made available on the Site. To the maximum extent permitted by law, we expressly exclude:

8.1.1 All conditions, warranties and other terms that might otherwise by implied by law into these Terms of Use; and

8.1.2 Any and all liability to you, whether arising under these Terms of Use or otherwise in connection with your use of the Site.

8.2 The foregoing is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties. Notwithstanding the foregoing, nothing in these Terms of Use is intended to exclude or limit any liability that may not by law be excluded or limited, and in particular none of the exclusions and limitations in this clause are intended to limit any rights you may have as a consumer under Singapore law or statutory rights which may not be excluded, nor in any way to exclude or limit (site owner) liability to you for death or personal injury resulting from our negligence or that of our employees or agents.

  1. COLLECTION OF PERSONAL INFORMATION

9.1 We may collect and use information about you in accordance with our privacy policy. You can view a copy of this policy by clicking here.

9.2 By using the Site or Service, you consent to receive emails from BABYTALK, which may include commercial emails. Please note that as long as you maintain an account, you may not “opt out” of receiving service or account-related emails from BABYTALK.

  1. CONTENT “SUBMISSIONS” YOU POST

10.1 You may be able to post or submit reviews, comments, questions, messages and photographs on the site. Your submissions are made voluntarily and BABYTALK will not be required to treat any of your submissions as confidential. By posting content, you understand that your content are non-confidential and are publicly available for anyone to view on the Site or through the Service.

10.2 We do not claim ownership of such submissions you post or submit, and by posting or otherwise providing your submission, you are expressly granting BABYTALK a nonexclusive, irrevocable, world-wide, perpetual, royalty free license (including sublicense) to use, copy, distribute, publicly display, publicly perform, modify (including create derivative works) or transmit (including digital transmission of a sound recording) your Submission, in connection with the Service and BABYTALK’s business, including without limitation promoting and redistributing part or all of the Service or BABYTALK’s business, in any media formats and through any media channels now known or hereafter developed.

10.3 BABYTALK will not pay you for your submission. BABYTALK may, in its sole discretion, refuse, or remove part or all of your Submissions from the Service at any time if BABYTALK considers the submissions to be illegal, offensive, harassing, infringing, in appropriate or otherwise violates these Terms or BABYTALK’s Community Guidelines. For each submission, you represent and warrant that you have all rights necessary for you to post or submit the submission and to grant the licenses and permissions in this section.

10.4 Reviews that you post on BABYTALK may be edited for clarity and language, and may not be the original version that you posted.

  1. DISCLAIMER & LIMITATIONS

11.1 These articles contain general information only and do not contain or convey any medical advice. These articles should not be treated as a substitute for specific medical advice for any medical condition. Neither the author nor BABYTALK warrants accuracy or completeness of, accepts any liability for any loss or damage arising from any reliance on, or undertakes to update any article. Please seek the advice of a qualified professional with any questions you may have regarding your medical condition.

11.2 BABYTALK is not involved in the provision of any healthcare or medical advice or diagnosis. All information provided on the website is intended as a guide only and should not be construed as a substitute for professional medical advice. The website is an information service only where healthcare providers can offer medical services for purchase by you via the website. We do not screen or validate any content posted by healthcare providers, nor do we endorse any particular healthcare provider. If you decide to engage a healthcare provider to provide medical services to you, you do so at your own risk. We would recommend that you undertake your own research into any healthcare provider listed on the website and that you should consult with your doctor or primary healthcare provider before engaging any healthcare provider from this website. You should be aware that the results of any search you perform on the website for healthcare providers should not be construed as endorsement by BABYTALK of any particular healthcare provider or constituting any comparative ranking of healthcare providers. All prices shown on the site are indicative only and presented as a general guide. Always consult with your treatment provider for an accurate estimate.

11.3 The data and information made available on the Site are of a general nature and do not purport, and shall not in any way be deemed, to constitute an offer or provision of any professional or expert advice. You should at all times consult a qualified expert or professional adviser to obtain advice and independent verification of the information and data contained herein before acting on it. Any arrangement made between you and a third party named on or linked to from these pages is at your sole risk and responsibility. BABYTALK does not sponsor, endorse or promote any products, services or information.

11.4 Content and services from various sources, including Merchants and any other third party content providers, including websites or webpages owned, operated and maintained by Merchant or any other third party (“Third Party Content”), may be included or provided through the Platform. None of BABYTALK, Merchants or any third party content providers shall be liable for any errors or delays in the Platform or any part thereof, or for any actions taken in reliance thereon. BABYTALK is under no obligation to monitor or review Third Party Content through the Platform, and assumes no responsibility or liability for any Losses arising from or in connection with any such Third Party Content nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, inaccuracy or any other objectionable material contained in any such content. Any hyperlink to any other website or webpage (including any websites or webpages owned, operated and maintained by Merchant or any other third party) is for informational purposes only and for your convenience only and is not an endorsement or verification of such website or webpage and should only be accessed at your own risk.

11.5 The materials made available on the Platform, including any information, opinions and statements contained therein (“Materials”) are intended for general circulation only, do not contain or convey any advice, and should not be used or relied on as a basis for making any decisions. They do not take into account the specific needs of any particular person who may access or be in receipt of such Materials. Such Materials may cover a wide range of topics and are not intended to be a comprehensive study or to provide any recommendation or advice. Accordingly, they should not be relied on or treated as a substitute for specific advice on any particular issue. Please seek advice from a qualified professional with any questions you may have regarding any specific issue or concern you may have and the recommended course of action in respect thereof.

11.6 The Materials were prepared on a particular date and may not be updated or reflect any changes in law, events or practice since that date. Neither BABYTALK nor the author of the Materials undertakes any obligation to update the Materials or to correct any inaccuracy that may become apparent at a later time. All information, opinions and statements contained in the Materials are subject to change without notice.

11.7 You acknowledge and agree that BABYTALK does not endorse or recommend, is not an agent, reseller or distributor of, and has no control over Third Party Products, and BABYTALK hereby expressly disclaims all liabilities and responsibilities arising in relation to any Third Party Products whether available or advertised via the Site or on Linked Sites.

11.8 You agree that all statements, offers, information, opinions, materials, User Content, and Third Party Products, from other users and from advertisers and other third parties on this Site should be used, accepted and relied upon only with care and discretion and at your own risk, and BABYTALK shall not be responsible for any loss, damage or liability incurred by you arising from such use or reliance.

11.9 You also acknowledge and agree that some Services may enable other users to upload User Content to the Site, and that some of these may be offensive, annoying, unlawful, in breach of these Website Conditions, contain viruses or cause you damage. While we may remove any such User Content brought to our notice at our sole and absolute discretion, you acknowledge and agree that we cannot be responsible or liable for any User Content, and you agree to exercise access and use User Content only at your own risk and with care and discretion.

  1. EXCLUSION OF LIABILITY AND INDEMNITY

12.1 BABYTALK shall in no event nor for any reason whatsoever be liable, even if BABYTALK has been advised of the possibility of such Losses, for any Losses, including direct, indirect, special, or consequential damage, or economic loss, arising from or in connection with: (i) any access, use or the inability to access or use the Platform, including in connection with any maintenance, breakdown, fault or non-availability of any part of the Platform; (ii) any system, server or connection failure, error, omission, interruption, delay in transmission, undeliverable messages, problem with your computer (or such other access or electronic device including but not limited to cellular telephones, smart phones and personal digital assistants), computer virus or other malicious, destructive or corrupting code, agent program or macros; (iii) any use of or access to any other website or webpage provided through the Platform; (iv) any services, products, information, data, software or other material obtained or downloaded through the Platform or from any other website or webpage provided through the Platform or from any other party referred through the Platform, or through the use of the Platform or reliance on the Platform or the contents thereof; (v) your use or misuse of the Platform; (vi) any defect, error, imperfection, fault, mistake or inaccuracy with the Platform, its contents or associated services; or (vi) problems caused by any remedial or preventative measure which may be taken by BABYTALK in the event of any occurrence of the foregoing. In no event shall BABYTALK be liable to you, or any other party for: (a) any amounts due from Merchants or other users of the Platform; and/or (b) damages arising in connection with your use of and/or access to the Platform, by you or other third party; or (c) any indirect, special, economic or consequential damage or loss under these Terms of Use, whether or not BABYTALK has been informed of such possibilities. The exclusions herein shall take effect to the fullest extent permitted by law.

12.2 You shall indemnify and hold harmless and keep BABYTALK indemnified in full against all and any claims, actions, proceedings, loss, damage, costs (including legal costs on a full indemnity basis), expenses and liabilities of whatsoever nature and howsoever arising which may be brought against or suffered or incurred by BABYTALK arising from or which is directly or indirectly related to: (a) your access to and/or use of the Platform and/or any other person or entity’s use of the Platform where such person or entity was able to access and/or use the Platform by using your UserID and Password (where applicable); or (b) any breach or non-observance of any of these Terms of Use by you or by any other person or entity where such person or entity was able to access and/or use the Platform by using your UserID and Password (where applicable)

  1. DURATION OF TERMS

13.1 These Terms of Use are effective until terminated. We may, at any time and for any reason, terminate your access to or use of the Site. If we terminate your access to the Site you will not have the right to bring claims against us or our affiliates with respect to such termination. We and our affiliates shall not be liable for any termination of your access to the Site.

  1. GOVERNING LAW

14.1 These Terms of Use will be governed by and construed in accordance with the laws of Singapore, and the courts of Singapore will have non-exclusive jurisdiction over any claim or dispute arising under or in connection with these Terms of Use.