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Terms & Conditions

GENERAL TERMS OF SERVICE

This website; www.growbaby.co.za,  is owned and operated by Grow Baby, South Africa.

By using the Website you acknowledge that you have read and agreed to be bound by these Terms and Conditions.

  • Throughout the site, the terms “we”, “us” and “our” refer to Grow Baby South Africa. We offer this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
  • By visiting our site, whether browsing or purchasing, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink.
  • The Terms of Service apply to all users of the site, including and without limitation, users who are browsers, vendors, customers, merchants, and/ or contributors of content.
  • Any new features or tools which are added to the current store shall also be subject to the Terms of Service.
  • The Website Terms and Conditions govern the entire ordering, sale, delivery exchange and refunds of goods and the use of the Website.
  • This site may contain certain historical information. Historical information, may not current and is provided for your reference only.
  • We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site. 
  • We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
  • You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website.
  • Grow Baby disclaims liability for any damage, loss or expenses, whether direct, indirect or consequential in nature, arising out of or in connection with your access to or use of the Website and/or any content therein unless otherwise provided by law.
  • Although Goods sold from the Website may, under certain specifically defined circumstances, be under warranty, the Website itself and all information provided on the Website is provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, completeness, or non-infringement, as may be allowed in law.
  • We reserve the right to correct any errors and/or omissions of any order that is onsite at any time, without prior notice.
  • We reserve the right to refuse service to anyone for any reason at any time.

 ONLINE STORE

  • www.growbaby.co.za is hosted on Shopify Inc. This is an online e-commerce platform that allows us to sell our products and services.
  • Your data is stored through Shopify’s data storage, databases and the general Shopify application. They store your data on a secure server behind a firewall.

 PRICING

  • Prices for our products are subject to change without notice.
  • We reserve the right at any time to modify, promote, discount or discontinue the service (or any part or content thereof) without notice at any time.
  • We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
  • Grow Baby may from time to time make physical or electronic gift vouchers (“Gift Vouchers”) and promotional coupons or discounts (“Coupons”) available for use onsite. Gift Vouchers and Coupons can only be redeemed within the stated expiry date.
  • We reserve the right to run specials through our online store independently from our Stockists.

PRODUCTS

  • Certain products or services may only be available exclusively on the Grow Baby website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
  • Grow Baby has made every attempt to show textures, appearances and colours of the products as accurately as possible. Product images may vary from the delivered  product depending on the various monitors, settings and computer equipment
  • Any additional products and accessories styled or shown in a product image are for display purposes only and are not included  in the listed price.
  • We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. This right will be free from external control and constraint.
  • We reserve the right to adjust, change and update all or any descriptions of products at any time without notice, at the sole discretion of Grow Baby.
  • Grow Baby takes reasonable measures to ensure that the content of the Website is accurate and complete. We make no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the Website or as to the accuracy, completeness or reliability of any information on the Website.
  • We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

PAYMENT INFORMATION

  • All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover.
  • PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.
  • For more insight, you may also want to read Shopify’s Terms of Service here or Privacy Statement here. https://www.shopify.com/za/legal/privacy
  • Please note that certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions.

For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers.

  • If you are located in South Africa and your transaction is processed by a payment gateway located in the United States, then your personal information used in completing that transaction may be subject to disclosure under United States legislation, including the Patriot Act.
  • Once you leave our store’s website or are redirected to a third-party website or application, you are no longer governed by this Privacy Policy or our website’s Terms of Service.

ACCOUNT INFORMATION

  • To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.
  • We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
  • You warrant that the information you have provided is accurate, current, true and correct and that does not impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent your affiliation with anyone or anything.
  • For more detailed information, please read our Privacy Policy.

 THIRD-PARTY

  • Certain content, products and services available via our service may include materials from third-parties.
  • Third-party links on this site may direct you to third-party websites or contact details. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
  • We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

 USER COMMENTS AND FEEDBACK

  • We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
  • You agree that your comments will not violate any right of Grow Baby and any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right.
  • You may not use a false e-mail address or false identity, or otherwise mislead Grow Baby or third-parties as to the origin of any comments.
  • We take no responsibility and assume no liability for any comments posted by you or any third-party.

 PROHIBITATIONS

  • In addition to other prohibitions as mentioned above,  you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; (k) use any robot, other automatic device, or manual process to monitor, copy, distribute or modify the Website or the information contained herein, (l) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet or (m)to distribute material which is defamatory, offensive, contains or amounts to hate speech.
  • We reserve the right to terminate your use of the service or any related website for violating any of the prohibited uses.

 DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

  • We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
  • You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
  • You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
  • In no case shall Grow Baby South Africa, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

PERSONAL INFORMATION

Your submission of personal information through the Grow Baby online store is governed by our Privacy Policy. Please view our Privacy Policy.

AGE OF CONSENT

By agreeing to the Terms of service of this Website you warrant that you are 18 (eighteen) years of age or older and of full legal capacity. If you are under the age of 18 (eighteen) or if you are not legally permitted to enter into a binding agreement, then you may use the Website only with the involvement and supervision of your parent or legal guardian.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless Grow Baby South Africa and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

TERMINATION

  • The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
  • The Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
  • If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

 ENTIRE AGREEMENT

  • The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
  • The Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Head Office: Grow Learning Pty Ltd,

 4 Milner Street, Paarden Eiland, Cape Town, South Africa, 7405

CHANGES TO TERMS OF SERVICE

  • You can review the most current version of the Terms of Service at any time at this page.
  • We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to the website. It is your responsibility to check our website periodically for changes. Your continued use of, or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

CONTACT INFORMATION

If you have any questions about the Terms of Service, please contact us at orders@growbaby.co.za