Welcome to the home of BABY SENSE (PTY) LTD.

THESE ARE THE GENERAL TERMS AND CONDITIONS GOVERNING YOUR USE OF THE BABY SENSE APP, BABY SENSE WEBSITE, NEWSLETTER, SOCIAL MEDIA PLATFORMS AND OUR SERVICES, WORKSHOPS AND PRODUCTS, HEREWINAFTER REFERRED TO AS OUR WEBSITE. BY ACCESSING, USING OR SIGNING UP FOR THE ABOVE MENTIONED OR ANY OTHER SERVICES, YOU ARE CONCLUDING A LEGALLY BINDING AGREEMENT BASED ON THESE TERMS WITH BABY SENSE (PTY) LTD.

Important Notice: Please read these terms of use carefully. Use of our Website constitutes the following:

You, the User, acknowledge and understand that by accessing and using our Website, you agree to these terms of use.

Your use of this site and any of the services offered on this Website will be subject to the most current version of these terms of use posted on the site at the time of such use.

When you subscribe to or utilize the services offered by us on our Website, you are entering into a legally binding and enforceable agreement with us and you are acknowledging that you have read, understood and accept these terms of use.

When you subscribe to or utilize the services offered by us on this Website, you warrant that you are 18 or over, alternatively that you have your parents’ or legal guardians’ authorisation, consent and permission to use the services, participate in our activities and to be bound by these terms and conditions.

If you do not accept these terms of use, you may not use any of the services available via this site.

We may change any of these terms from time to time without further notice. Such changes will take effect as and when published. Therefore, you should keep up-to-date with their content and read these terms of use at all times prior to using this site since the then current version of the terms will apply to your use. By utilizing any of the services offered on this site or concluding any transaction via this site, you indicate that you have done so.

Should you have any questions regarding this site’s terms of use, please send an e-mail to us at mail@babysense.com or submit it online from our Contact Us page.

Terms & Conditions

General Terms & Conditions

1. Information

For your convenience, we have listed below some general information about ourselves:

“We” are Baby Sense (PTY) LTD, registration number 2010/022163/07, and “us” and “our” have a corresponding meaning herein.

Our postal address is Postnet 265, Private Bag X13, Brackenfell, 7561, South Africa

Our address of establishment is at 10 Lood Street, Brackenfell, 7560, South Africa and we will accept service of all legal documents there;

Our e-mail address is Products

2. Definitions

In these Terms of Use:

Account means your subscription account for the use of our services;

Content means any information, data, text, software, music, sound, photographs, graphics, video, messages, comments, opinions, advice, statements, ideas, feedback, suggestions and the tags contained on this Website;

Terms of Use means the terms and conditions set out herein;

Contributor Guidelines means our guidelines for making content contributions to Our Website, which is set out below;

Privacy Policy means our privacy policy, which is set out here;

Events and Workshop Terms and Conditions mean our events and workshop terms and conditions, which is set out below;

Electronic Ordering Terms and Conditions means our terms and conditions regarding the ordering of products from www.babysense.com; which is set-out below;

Product and services refers to an extensive range of goods including Products, apps, downloadable material, audio and tickets providing access to events;

User means any User of Our Website, including any advertiser, subscriber, blogger, member, contributor or other User of the services offered here;

We, us and our means Baby Sense (and, unless the context indicates otherwise, its owners, employees, suppliers, internet service providers, agents and affiliates);

You mean a User of Our Website;

The singular includes the plural and vice versa; and

Hyperlinks, which are not operational, will not in any way detract from the validity and interpretation of the Terms

3. General Terms and Conditions of Use of Our Website

You agree to use this site in accordance with these terms of use, and all laws, regulations and codes of conduct (including self-regulatory) applicable to you and your use of the Internet and the services provided to you on Our Website, including our Contributor Guidelines. In particular, you agree to use this site only for lawful purposes and in a manner which does not infringe the rights of, or restrict or inhibit the use of or enjoyment of this site by any third party. Furthermore you agree not to use the site in a manner that would bring us, our business and/or any of our affiliates into disrepute.

You are responsible for anything which you transmit or receive to, from or via or post on Our Website. We do not control or screen the content of what is posted to, from or via Our Website by our members or third parties, and accordingly we do not guarantee its accuracy, integrity or quality or that it will not be objectionable to you. You should not place any reliance on, nor will we be responsible or liable for anything which has been transmitted or received, or ought to have been transmitted or received but was not.

You are not permitted to transmit to, from or via or post on Our Website anything that you do not have a clear right to use. You must ensure that you do not transmit or post on our Website any material containing software viruses or files designed to damage or disrupt the good working order of any computer or telecommunications equipment.

You are not permitted to do anything that may disrupt in any way the operation of Our Website and services, nor are you permitted to do anything that would disrupt the use and enjoyment of Our Website and our services by any other user.

Other than as expressly permitted, by us, you are not permitted to use Our Website to engage in any commercial activity of any form.

We may be entitled at our discretion to refuse or remove anything that is transmitted to, from or via or posted on Our Website that, in our opinion, is objectionable or otherwise does not comply with these terms and conditions. We will not be liable at all for doing this.

We may record preserve and disclose anything which has been transmitted to, from or via or posted on Our Website and the services, where required by law or where we are acting in good faith.

Your Use of Content and Information – Disclaimer with Respect to Content

A variety of information, advice, recommendations, letters, messages, comments, posts, text, graphics, software, music, sound, photographs, videos, data, and other materials (“Content”) is available on our Website. Some of the Content is provided by Baby Sense or its suppliers, and other Content is provided by persons who use our Website (“Users”), such as User opinions and views provided via posts to chat rooms, blogs, bulletin boards, or discussion forums. While Baby Sense strives to keep the Content that it posts on our Website accurate, complete, and up-to-date.  Baby Sense cannot guarantee, and is not responsible for, the accuracy, completeness, or timeliness of any Content, whether provided by Baby Sense or its suppliers, or by Users of our Website.

We do not generally monitor, edit, control or filter the Content posted by our Users. You acknowledge that Content submitted to this Website by other Users or third parties, including but not limited to bloggers, health care providers, suppliers and sponsors, are those of the respective User or other third party and not of Baby Sense and that we have not authorized nor endorsed such Content. We do not endorse any events, Products or services posted, promoted and/or listed by Users on our site and our display of such events, services or Products should not be construed as any form of endorsement thereof. All arrangements regarding such events, Products and services are to be made directly with the relevant User and are made at your own risk and we, our subsidiaries, officers and employees accept no liability regarding any event, service or product advertised, supplied or otherwise promoted on this site by any third party or any arrangements made in respect thereof, or otherwise incurred in connection with any such events, Products or services.

Baby Sense does not have any obligation to pre-screen, edit, or remove any Content provided by Users that is posted on or available through our Website. Notwithstanding the foregoing, Baby Sense will have the right (but not the obligation), in its sole discretion and for any reason, to pre-screen, edit, refuse to accept, remove, or move any such Content.

THE CONTENT AVAILABLE VIA OUR WEBSITE IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER BABY SENSE NOR ITS SUPPLIERS OR USERS ARE ENGAGED IN RENDERING MEDICAL, COUNSELING, LEGAL, PERSONAL OR OTHER PROFESSIONAL SERVICES OR ADVICE.

SUCH CONTENT IS INTENDED SOLELY AS A GENERAL EDUCATIONAL AID. IT IS NOT INTENDED AS MEDICAL OR HEALTHCARE ADVICE, OR TO BE USED FOR MEDICAL DIAGNOSIS OR TREATMENT, FOR ANY INDIVIDUAL PROBLEM. IT IS ALSO NOT INTENDED AS A SUBSTITUTE FOR PROFESSIONAL ADVICE AND SERVICES FROM A QUALIFIED HEALTHCARE PROVIDER FAMILIAR WITH YOUR UNIQUE FACTS. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER REGARDING ANY MEDICAL CONDITION AND BEFORE STARTING ANY NEW TREATMENT. IF YOU CHOOSE TO RELY ON SUCH CONTENT , YOU SO DO ENTIRELY AT YOUR OWN RISK AND YOU ACCEPT THAT WE WILL HAVE NO LOABILITY YOU IN THIS REGARD.

IT IS FURTHER RECORDED THAT THE DEPARTMENT OF HEALTH OF SOUTH AFRICA AND THE WORLD HEALTH ORGANISATION RECOMMEND EXCLUSIVE BREASTFEEDING UNTIL 6 MONTHS OF AGE. ANY ADVICE ON THE WEBTIE RELATING TO FEEDING MUST BE SEEEN IN THE CONTECT OF THIS RECOMMENDATION.

The operator(s) of this site, and the publisher, specifically disclaim all responsibility for any liability of whatsoever nature, loss or risk, personal or otherwise, which is incurred as a consequence, directly or indirectly of your access to, or use of our Website.

User Submitted Content

You are responsible for all Content that you submit, post, or otherwise make available to or through our Website. By doing so, you represent and warrant to Baby Sense that such content is not confidential and that you have all necessary permission to submit, post and otherwise make available such Content.

You acknowledge that the ownership in any intellectual property rights (including without limitation, copyright and patent rights) in the components and features of this site belongs to us, excluding any data, materials, comments, ideas, feedback or suggestions specifically submitted by Users, which will remain vested in such Users. You acknowledge that we also own any intellectual property rights in the compilations, collective works and derivative works created by us which may incorporate the Content of Users. Accordingly, no part of this site (including its source HTML code) may be used, transferred, copied or reproduced in whole or in part in any manner other than for the purposes of utilizing this site, meaning that you may only display it on your computer screen and print it out on your printer for the sole purpose of viewing its Content. Framing of the content on this site without our written consent is expressly prohibited. If you submit any Content to our website, you grant us an irrevocable, perpetual, worldwide and royalty-free license to use, compile, display, publish, publicly perform, reproduce, distribute, broadcast, lease, adapt, modify and promote such Content in any manner of form, which license will survive termination of any contractual arrangement between us.

User Rights and Responsibilities

Please bear in mind that all of the material you read in our community areas comes from other members. Because our community is very large, Baby Sense doesn’t monitor or verify the information posted by our members. The comments, opinions, and statements posted on our bulletin boards and chats reflect the views of the user who makes the post and don’t necessarily reflect the views of Baby Sense. The information posted on our boards and chats, including advice and opinions, are the responsibility of those members who create the posts. Posts from users may contain medical information that is incorrect or dangerous to you or your children. Please consult your doctor or other qualified professional before relying on information you find in the community areas. If you believe that you have an emergency of any kind, please contact your healthcare provider or your local emergency number for assistance.

BABY SENSE AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE CONTENT AVAILABLE VIA OUR WEBSITE, INCLUDING THE COMMUNITY AREAS. YOU MUST EVALUATE, AND BEAR ALL RISKS ASSOCIATED WITH, THE USE OF ANY CONTENT, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF CONTENT POSTED IN THE COMMUNITY AREAS.

THE CONTENT AVAILABLE IN THE COMMUNITY AREAS IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER BABY SENSE NOR ITS SUPPLIERS OR USERS ARE ENGAGED IN RENDERING MEDICAL, COUNSELING, LEGAL, OR OTHER PROFESSIONAL SERVICES OR ADVICE.

YOU SHOULD NOT UTILIZE SUCH CONTENT AS MEDICAL OR HEALTHCARE ADVICE, MEDICAL DIAGNOSIS, OR TREATMENT FOR ANY INDIVIDUAL PROBLEM. IT IS ALSO NOT INTENDED AS A SUBSTITUTE FOR PROFESSIONAL ADVICE AND SERVICES FROM A QUALIFIED HEALTHCARE PROVIDER FAMILIAR WITH YOUR UNIQUE FACTS. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER REGARDING ANY MEDICAL CONDITION.

IT IS FURTHER RECORDED THAT THE DEPARTMENT OF HEALTH OF SOUTH AFRICA AND THE WORLD HEALTH ORGANISATION RECOMMEND EXCLUSIVE BREASTFEEDING UNTIL 6 MONTHS OF AGE. ANY ADVICE ON THE WEBTIE RELATING TO FEEDING MUST BE SEEEN IN THE CONTECT OF THIS RECOMMENDATION.

Ownership and Intellectual Property Rights

Ownership
This Website is owned by Baby Sense (PTY) LTD. All right to, title to, and interest in the Content available via our Website, our Website’s look and feel, the designs, trademarks, service marks, and trade names displayed on our Website, and our Website URLs, are the property of Baby Sense, and are protected by copyrights, trademarks, patents, or other proprietary rights and laws.

License to Use Content
Baby Sense grants you a non-exclusive, non-transferable, revocable, limited license to view, copy, print, and distribute Content retrieved from our Website only for your personal, non-commercial use, provided that you do not remove or obscure any copyright notice, trademark notice, or other proprietary rights notices displayed on or in conjunction with the Content. You may not use any Content available via our Website in any other manner or for any other purpose without the prior written permission of Baby Sense. All rights not expressly granted in this Agreement are expressly reserved to Baby Sense.

Trademark Notices
All trademarks, service marks, logos and designs used on this Website, whether registered or unregistered, are owned by Baby Sense or other third parties. You may only use the trademarks featured in our site for the purpose of displaying this site on your computer screen or printing out this site on your printer for the purpose of viewing same. Any other use of the trademarks without prior written consent is strictly prohibited.

Your Contact with Advertisers, Event Sponsors or Other Third Parties and Other Websites

We may use our Website or any of the services we provide or in any of the correspondence we send to you to run advertisements promoting Products and services we offer or any of its subsidiaries, or any person or corporation duly authorised by us to advertise or promote their product or services through us.

Your dealings with advertisers or other third parties found on or accessible through our Website are solely between you and the third party. These dealings include, but are not limited to, your participation in promotions, the payment for and delivery of items if any, and any terms, conditions, warranties, or representations associated with such dealings. These links are provided solely as a convenience to Users and should not be construed as an endorsement by Baby Sense  of content, items, or services on those third-party Websites. You access and use such sites, including the content, items, or services on those sites, solely at your own risk.

Baby Sense does not make any representations or warranties with respect to any content or privacy practices, or otherwise with respect to such third parties or any items or services that may be obtained from such third parties, and you agree that Baby Sense  will have no liability with respect to any loss or damage of any kind incurred as a result of any dealings between you and any third party, or as a result of the presence of such third parties on our Website.

Disclaimer of Warranties With Respect to Our Website

OUR WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. BABY SENSE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.

BABY SENSE DOES NOT MAKE ANY WARRANTY THAT OUR WEBSITE WILL MEET YOUR REQUIREMENTS, OR THAT ACCESS TO OUR WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. BABY SENSE MAKES NO WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR WEBSITE OR AS TO THE ACCURACY, QUALITY, OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH OUR WEBSITE.

Limitations of Liability

BABY SENSE AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE CONTENT AVAILABLE VIA OUR WEBSITE. YOU MUST EVALUATE, AND BEAR ALL RISKS ASSOCIATED WITH, THE USE OF ANY CONTENT, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF SUCH CONTENT. YOU SPECIFICALLY ACKNOWLEDGE THAT BABYSENSE IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF USERS OR THIRD PARTIES.

ADDITIONALLY, IN NO EVENT WILL BABY SENSE OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, OR ANY OTHER SUCH DAMAGES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE RESULTING FROM (1) THE USE OF, OR THE INABILITY TO USE OUR WEBSITE; (2) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, ITEMS, OR WEBSITES; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR WEBSITE; OR (5) ANY OTHER MATTER RELATING TO OUR WEBSITE. THESE LIMITATIONS WILL APPLY WHETHER OR NOT BABY SENSE, OUR SUBSIDIAROES, OFFICERS OR EMPLOYEES WERE NEGLIGENT OR AWARE OF THE PROBLEM AND OR DAMAGES IN ADVANCE AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

Indemnification

You agree to indemnify and hold harmless Baby Sense, its directors, officers, employees, agents, and affiliates, from and against any and all liability, damages, losses, claims, expenses of any kind (including, without limitation, reasonable attorneys’ fees) directly or indirectly related to (1) your breach of the Agreement; or (2) the Content you submit, post, or transmit through our Website.

Electronic Communications

When you visit our Website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. Baby Sense (PTY) LTD will communicate with you by e-mail or by posting notices on our Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Contact Policy

If you have any questions about the above, please contact us at Products.

Modification or Suspension of our Website

Baby Sense may at any time modify, discontinue, or suspend its operation of this Website, or any part thereof, temporarily or permanently, without notice to you.

Use and Storage

We may establish general practices and limits concerning the use of our Website and the services we provide, including limits to the size or number of e-mail messages you send or the time that messages may be stored or posted on our Website. We are entitled to delete any material at any time and we will not be liable in any way for deleting or failing to store or post any material which you may transmit to us.

Termination

Either party may terminate the Agreement for any or no cause, at any time, which shall be effective immediately or as specified in a notice email. After termination, you shall no longer access our Website. The provisions of this Agreement which by their intent or meaning intended to survive such termination shall continue to apply indefinitely.

Severability of Agreement

If any provision of the Agreement is found by a court or other binding authority to be invalid, you agree that every attempt shall be made to give effect to the parties’ intentions as reflected in that provision, and the remaining provisions contained in the Agreement shall continue in full force and effect.

Applicable Law

This Agreement and the resolution of any dispute related to this Agreement or our Website shall be governed by and construed in accordance with the laws of South Africa without giving effect to any principles of conflicts of law. Any legal action or proceeding between Baby Sense and you related to the Agreement shall be brought exclusively in a the Magistrate’s Court in Cape Town, South Africa, and you agree to submit to the personal and exclusive jurisdiction of such courts, provided that we may, in our discretion, approach any Magistrate’s Court of competent jurisdiction over your person to adjudicate on any dispute arising from or in connection with these terms of use, and you consent thereto.

General

These terms of use and the terms incorporated herein by reference constitute the entire agreement between you and us with respect to this Website, the services offered here and any Products and services acquired through this site, and supersede any previous agreements, negotiations, representations, arrangements, undertaking or proposals whether written or oral concerning the subject matter hereof, save in respect of those made fraudulently.

You are not permitted to reproduce, sell or exploit for any commercial purpose any part of our Website or our services.

Our failure to enforce any provision of this agreement will not be construed as a waiver of any provision or right. In the event that a portion of this agreement is held unenforceable or invalid by any competent authority, the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, failing which it will be severed from the remainder of the provisions which will remain of full force and effect to the maximum extent permitted by law.

You will not have the right to subcontract, cede, delegate, transfer and assign any of your rights, obligations or duties hereunder to any other person and/or entity without our prior written consent. We will have the right to cede, delegate, transfer and assign our rights, obligations and duties hereunder to any person and/or entity, and you hereby consent to such cession, delegation, assignment and transfer.

We will be excused any failure to perform or delay in performance of any or all of our obligations hereunder as a result of an event of force majeure, including without limitation acts of God (including flood, fire, earthquake or other similar events), riots, war, strikes, lock-outs or other industrial disputes, epidemics, failure of telecommunications systems, failure of the world wide web, any outages of the internet or connection or communications thereto, governmental restraints and act(s) of legislature or any other cause outside our reasonable control.

Data and certain other information you provide is subject to the terms of our Privacy Policy which can be accessed by clicking on the privacy statement section of our site.

If any of these terms and conditions is found to be invalid then that provision shall not affect the validity of the remaining provisions which shall remain fully enforceable.

Our Website has been in existence since 2005. Information has been posted from that time until the present and every effort is made to ensure all information is relevant and based on empirical research. As trends and legislations have changed over time, advice dispensed to parents changes. We believe that the advice on the site is responsible but it is important to note that it does not take the place of advice from your medical practitioner.

The World Health Organisation, together with the Department of Health of South Africa recommend exclusive breast-feeding until 6 months of age.  Any advice on our Website relating to feeding must be seen in the context of this recommendation.

Electronic Ordering Terms & Conditions

Your Account

In order to make full use of this website, you may be required to register an Account with us by choosing a User name and a password to register an Account. You are responsible for keeping your User name and password secret. You will be required to enter your Username and password every time you want to use your Account. You indemnify us from and hold us harmless against any loss or damage suffered or liability incurred arising from your failure to keep your account details (such as User names, passwords and access codes) secure or from you permitting anyone else to use your subscription account with us. You accept that you will be liable for all data submitted and transactions concluded on your account. To create an Account you must be a natural person.

Ordering

To order product with us, you must be over eighteen years of age. You agree and guarantee that the username and password you use to log in is for your personal use only, and will not be passed on to any third party. You will immediately notify Baby Sense in writing of any unauthorised use of your account, or other account related security breach of which you are aware.

Our Website allows the user to place electronic orders for Products on offer. An agreement between you and Baby Sense only comes into effect once you have fully completed AND submitted the online order form for Products in your basket AND your payment has been authorised by Baby Sense or has been received into Baby Sense bank account. This is dependent on the product being in stock.

The prices of the Products listed on our Website are in South African Rand (ZAR), inclusive of VAT, where applicable and exclusive of shipping cost. If you are resident outside of South Africa, you are responsible for applicable taxes and custom fees according to your country’s policy

Payment may be made via Visa, MasterCard or by EFT bank transfer into the Baby Sense bank account, the details of which will be provided on request. Credit card transactions will be processed for Baby Sense via Merchant Services of First National Bank (FNB), a division of the FirstRand Bank LTD. FNB Merchant Services deploy a robust card authentication service and our payment gateway use the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no credit card details are stored on our Website.

Verified by Visa and MasterCard SecureCode are implemented on the site for online cardholder authentication using 3D secure. 3D secure refers to the three domains involved with the Verified by Visa and MasterCard SecureCode process:

1 – The acquiring or merchant’s bank.

2 – The card association networks i.e. MasterCard and Visa.

3 – The issuing or cardholder’s bank.

Delivery

Subject to stock availability with suppliers and receipt of payment, requests will be processed the same day if placed before 12h00 SAT and handed over to a courier company for delivery once your payment has been authorised. For credit cards this means that once the bank gives us an authorisation code. For EFT payments, this means once the funds reflect in our bank account. The delivery charge will be charged at a rate set by the relevant courier company at the time of the transaction or stated on our Website.

Please allow 2-4 working days for your order to arrive within South Africa (calculated from the date of despatch).

  • The online store indicated delivery term is approximate only and there is no right to compensation if actual delivery takes longer.
  • Proof of identity will be requested on delivery of the Products by our chosen courier.

In addition, neither ourselves, nor any courier or carrier service that we use shall be liable for any failure to perform, where such failure or delay results from any circumstances outside our reasonable control; these circumstances to include but not be limited to any adverse weather conditions such as snow, flood, extreme winds, fire, explosion, accident, traffic congestion, obstruction of any private or public highway, riot, terrorism, act of God, or from any industrial dispute or strike.

If any of the details you have given us in your delivery address are incorrect, we are not liable for any items which are not received.

Vouchers

Baby Sense Gift Vouchers are not redeemable for cash and will not be replaced if lost, stolen, destroyed or used without permission. Baby Sense Gift Vouchers cannot be resold to- or exchanged with a third party. You cannot use a Baby Sense Gift Voucher to purchase another Baby Sense Gift Voucher. Baby Sense Gift Vouchers can only be redeemed online through www.babysense.com. Baby Sense Gift Vouchers do not give change and can only be used once per purchase (unless states otherwise). Promotional and marketing vouchers are only valid for the period mentioned on the voucher itself.

Cancelled Orders

Baby Sense reserves the right to cancel an order for which payment has already been received. This may occur if stock is insufficient. Should Baby Sense exercise this right, the user will receive a full refund with no deductions.

Cancellation and refund

You are, in terms of section 44 of the Electronic Communications and Transactions Act 25 of 2002 (“ECT Act“) entitled to cancel, without reason and without penalty, your order for the Products within 7 (seven) days of receipt of the Products. In such an event

  • you will receive a full refund of the purchase price within 30 (thirty) days of the date of receiving your returned Products of the order;
  • you undertake not to utilise the Products;
  • your agreement of purchase will be deemed to have been cancelled, and
  • you will be liable in terms of section 44(2) of the ECT Act for the direct costs of returning the Products, such as courier and/or shipping charges. You should note that your right to cancel your order for Products without penalty set out in this clause, shall not apply where the Products that you have ordered are audio or video recordings or computer software were unsealed by you, or where Products are made to your specifications or are clearly personalised.
  • if you are returning Products via courier or post office you must package it carefully so that it does not become damaged enroute. Please include the Returns Request Number and a copy of your original invoice with any return.

 

Returns Policy

The provision of Products and services is subject to availability. In cases of unavailability, the provider will refund the client in full within 30 days from date of payment to Baby Sense.

We will not accept any returns on sale articles, other than defective articles.

If the Products are not the same as what was ordered this must be reported within 24 (twenty four) hours of delivery. Any damage must also be immediately reported, within 24 (twenty four) hours of delivery.

Any complaints regarding the quality of the products and services bought by consumers through www.babysense.com.com should be emailed to mail@babysense.com within 14 days of delivery. All defective articles returned will be inspected by the Baby Sense quality department. Should the article found to not be defective, no refund will be made by Baby Sense and the cost of returning the articles will be for the customer’s account. You will be credited or refunded for the postage costs incurred, up to a maximum as agreed by Baby Sense (PTY) LTD before the Products are returned.

If you are returning Products via courier or post office you must package it carefully so that it does not become damaged enroute. Please include a copy of your original invoice with any return and communication regarding the Baby Sense approval of the return.

Event & Workshop Terms & Conditions
Our workshops and events may be subject to additional terms and conditions, which will apply in addition to these Terms and Conditions. In the event of conflict the event or workshop specific terms will prevail.

Attendance at our workshops and events is subject to availability, and is on a first-come; first-served basis provided that our subscribers may in some cases receive priority booking. In cases of unavailability, the provider will refund the client in full within 30 days from date of payment to Baby Sense.

Please make sure that your details are correct before submitting an attendance request to us since it is unlikely that any mistake you make can be rectified later. When submitting a request you warrant and represent that you are over the age of 18 (eighteen) or that you have the consent of your parents or legal guardians and that you are authorised to make payment in the stipulated manner. We may require reasonably adequate proof of your age or of such consent, particularly in the event of events for which a minimum age is stipulated by law. If you are under the age of 18 we will require proof of consent to your participation in an event or workshop in the form of a Parental Consent Form.

Proof of payment is required to secure your seat. We reserve the right not to accept or process your booking request and we will notify you if this is the case. We will send you a confirmation email to confirm your attendance if we elect to accept your request. We do not guarantee that such confirmation notice will be received by you, or that, if it is received by you, that it will be legible and uncorrupted.

If you do not receive a confirmation notice after submitting your payment information, you should confirm with our Marketing Department at mail@babysense.com whether or not your request has been received and processed. Only you may be aware of any problems that may have occurred during the booking process. We will not be liable for any losses you may incur if you assume that a booking was not processed because you failed to receive our confirmation notice.

We do not warrant the accuracy of the arrangements for events and workshops displayed on this site and disclaim, to the maximum extent permitted by applicable law, any liability arising from any omissions and inaccuracies pertaining to such display and description. In particular, we disclaim any and all warranties as to the occurrence, suitability or quality of the seating arrangements, performances, venues or events and will not be liable for any claims arising in respect thereof, even if we have acted in a negligent or grossly negligent manner.

It is advisable to not bring your baby along to ensure you get the maximum benefit of the event, relax and have the opportunity to chat to other moms and our sponsors about your baby’s journey and your specific questions. If you are not able to leave your baby at home, please note that moms with babies under six months are welcome to bring them with. Unfortunately we will not be able to accommodate older babies. As babies can be a distraction to other moms throughout the duration of the talks, you will be kindly asked to take your baby outside should this occur.

Notwithstanding the aforesaid, if you can provide us with suitable documentary proof that a person in whose name a ticket was booked will not be able to attend the event because of unforeseen medical circumstances or hospitalisation, no cancellation fee will apply in respect of the cancellation of such person’s ticket and will be refunded in full.

In order to receive a gift bag or be entered to win a giveaway or raffle prize, you must be in attendance at the said event. Additionally, you must be present to win any giveaways, promotional items or raffle prizes. If you are not present, there will be a re-draw and you will forfeit your winnings. You must present your confirmation ticket at the event. We will not be able to save any gift bags.

We may refuse admission to workshops and events, alter the program or arrangements (such as speakers, venue, time etc) for our workshops and events, or even postpone or cancel events in certain circumstances. Unfortunately, we cannot accept any liability should any of the aforementioned occur. Our decisions in this regard are final and no correspondence will be entered into. However, you are welcome to contact us to enquire about any relevant refund that may apply in these instances.

We may also make available your personal information to our event sponsors in order to enable them to offer Products and services that they think will interest you. By using our services and by submitting your personal details for a booking request, you consent to this transfer. If you do not want to receive the information as set out above then please send an e-mail to us at mail@babysense.com.

Unless the contrary is stipulated in writing, all events and workshops are provided without warranty of any kind. Without limiting the aforesaid, we do not give any warranties or make any representations regarding the occurrence, timing, suitability, quality or performance of any event or workshop, or in respect of the venue, admission to such venue or the seating arrangements for such venue.

You assume all risks incidental to the workshop or event for which attendance is procured, whether before, during or thereafter. You agree that we will not be liable for any loss or damage you or anyone accompanying you may incur in the course of attending such an event or workshop and that you will indemnify us against any losses, damages, injuries and claims arising in connection therewith.

Contributor Guidelines: Do's & Don'ts for Users
Welcome to the BABY SENSE website https://www.babysense.co.za and our social media community sites. These sites and the information, content, products and services it makes available (which, collectively are referred to as the “Website”), is provided to you by Baby Sense (Pty.) Ltd, with its principal offices in Cape Town, South Africa (“Baby Sense” or “We”). These Terms of Use (this “Agreement”) set forth the terms and conditions governing your use of this Website.

DO

  • We require and encourage our Users to share their opinions openly but with due consideration for others. In other words, we want Users to express their opinions freely but without being abusive. While we appreciate constructive criticism we expect all Users to treat others with respect. Users must also be at least 18 years old or have the consent of their parent’s or legal guardians to post comments, chat or blog on this site. We may require you to provide us with proof of your age and, if you are under 18, with the consent of your parents or guardians by way of a duly completed Parental Consent Form.
  • Comply with the Terms & Conditions of use and all Laws; and submit accurate, lawful and interesting content.
  • Bear in  mind that every baby is different and the guidelines for feeding, development and sleep are simply guidelines and may differ from baby to baby and day to day
  • We generally decide what’s acceptable or not on an item-by-item basis, but we are also in no way limiting ourselves to only evaluating the things mentioned above. We reserve the right to edit and/or remove content, and alter the unacceptable list, as and when required without notifying Users. To a large degree, we will be relying on you to help us evaluate the content on the site. If you become aware of something that you feel is in breach of any or all of the above, please contact us by email at mail@babysense.com.

 

DON’T

submit, post, or otherwise make available to or through the Website:

  • Anything else, the publication of which could to cause emotional, moral, physical or mental harm to you or other Users, is demeaning or misleading or misrepresents another person
  • Sensitive personal information about you or other Users, such us medical conditions, criminal records, participation in court processes, employment related information, information relating to sexual activities or preferences, religious beliefs, political opinions, race and ethnic origin. false,
  • Hate speech, racism, discrimination, or content that is libellous, defamatory, false, demeaning or misleading or misrepresents another person – particular if obvious or deliberate.
  • Any writings that include swear words or obscene or inappropriate language.
  • Anything that infringes someone else’s intellectual property rights (including copyright, trademark, trade secret or patent) or amounts to an unauthorised disclosure of confidential information or trade secret. If you quote someone in the content you provide, it’s up to you to credit the original author and publication.
  • Anything that contains unsolicited advertising or marketing links or material, promotional materials, chain letters, spam, junk mail, or any other type of unsolicited mass email to people or entities that have not agreed to be part of such mailings – particularly if such links or material is unrelated to the particular discussion.
  • Anything that contains any worms, viruses, or other harmful, disruptive, or destructive files, code, or programs;
  • Anything you do not have the right to submit, post, disseminate, or transmit

use the Web Site in any way to:

  • Impersonate any person or entity; falsely state or otherwise misrepresent your affiliation with any person or entity; intentionally omit, delete, forge, or misrepresent transmission information, including headers, return mailing, and Internet protocol addresses; or otherwise manipulate identifiers to disguise the origin of any content that you submit or transmit through the Website;
  • Disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users’ ability to engage in real-time exchanges;
  • Interfere with, disrupt, or harm in any way the Site or servers or networks connected to the Website;
  • Electronically stalk or otherwise harass another user;
  • Engage in any activities that would violate the personal privacy rights of others, including but not limited to collecting and distributing information about other users without their permission, except as permitted by applicable law; or
  • Use the Web Site in violation of any applicable laws or regulations, or any rules or guidelines established by Baby Sense.

Please bear in mind that all of the material you read in our community areas comes from other members. Because our community is very large, Baby Sense doesn’t monitor or verify the information posted by our members. The comments, opinions, and statements posted on our bulletin boards and chats reflect the views of the user who makes the post and don’t necessarily reflect the views of Baby Sense. The information posted on our boards and chats, including advice and opinions, are the responsibility of those members who create the posts. Posts from users may contain medical information that is incorrect or dangerous to you or your children. Please consult your doctor or other qualified professional before relying on information you find in the community areas. If you believe that you have an emergency of any kind, please contact your healthcare provider or your local emergency number for assistance.

BABY SENSE AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE CONTENT AVAILABLE VIA THE WEB SITE, INCLUDING THE COMMUNITY AREAS. YOU MUST EVALUATE, AND BEAR ALL RISKS ASSOCIATED WITH, THE USE OF ANY CONTENT, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF CONTENT POSTED IN THE COMMUNITY AREAS.

Disclaimer
Our Website has been in existence since 2005. Information has been posted from that time until the present and every effort is made to ensure all information is relevant and based on empirical research. As trends and legislations have changed over time, advice dispensed to parents changes. We believe that the advice on the site is responsible but it is important to note that it does not take the place of advice from your medical practitioner.

The World Health Organisation, together with the Department of Health of South Africa recommend exclusive breast-feeding until 6 months of age. Any advice on our Website relating to feeding must be seen in the context of this recommendation.

Complaints
We aim to satisfy the requirements of all of our customers as efficiently as we can, but we realise that at times things may go wrong. When they do we will put them right as soon as possible. If you have a complaint please email us at mail@babysense.com. Your complaint will be handled confidentially and we will acknowledge your correspondence within 5 working days. At that time we will advise you how long it will take to resolve your complaint and we will give you a contact name and telephone number of the person handling your complaint. We will keep you informed throughout the process. Please provide us with the following as part of your complaint:

  • Your full names, physical address, telephone number and email address
  • The location and description of the feature or component of our Website which is the cause of your complaint
  • The reason for your complaint including any rights that you allege to be infringed by such feature or component
  • The actions you would like us to take to remedy the problem
  • A statement confirming that you are making the complaint in good faith
  • A statement confirming that the information you are providing to us is to the best of your knowledge true and correct
  • Please incorporate your signature into the complaint