TERMS OF USE

The following General Terms and Conditions of Use govern the use of, access to, and purchase of products from the Bianca Balti Maternity Inc. (“Bianca Balti,” “we,” “us,” or “our,”) website and mobile application (together the “Site”) and any other services offered by Bianca Balti such as contacting by telephone, email or interacting with us over social media (“Services”). (“You,” Your,”) refers to you as a user of the Site or Services. By accessing or using the Site or Services, you confirm your acceptance of these General Terms and Conditions of Use and are in agreement to comply with and be bound by them. If you do not agree with or accept these General Terms and Conditions of Use, you are not authorized to continue your use of or access to our Site or Services.

ELIGIBILITY

By agreeing to these General Terms and Conditions of Use, you represent that you are at least 13 years old or at least the age of majority in your state or province of residence. If you are under the age of majority in your state or province of residence, your parent or legal guardian must agree to these General Terms and Conditions on your behalf and only after, may you access or use the Site and Services.

PURPOSE AND FUNCTIONALITY

We use the Site and Services to promote and provide information to you about our products, collections, campaigns, development, individuals, initiatives, and other information on Bianca Balti. You will find that specific features or accessibly to the website are only granted once you register to open a user account on the Site. This allows you to access specialized content, to be inserted into the mailing list to receive newsletters and other marketing initiatives promoted by us and purchase products online. All sections of the website are regulated by the General Terms and Conditions of Use, General Terms and Conditions of Sale, the Privacy Policy and any other specific terms.

PERSONAL ACCOUNT REGISTRATION

To access or register to receive certain information, you will be required to register for a personal account on our Site. Please note that you are responsible for all activities that occur under your registered account on our Site and Services (unless you notify us that your account has been demonstrably used by a third-party without your consent). You agree to provide current, complete and accurate account information upon registering and otherwise and accurate information when you make a purchase on the Site or Services. You agree to promptly update your account and other information, including, but not limited to your personal identifiable information, email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. You are also responsible to maintain the security of your username and password and ensure that no third-party has access to your account without your consent. Any action taken while logged into your account will be your responsibility unless you notify use of use by a third-party without your consent. Bianca Balti is not liable for any loss or damage arising from your failure to comply with these obligations. Please note that Bianca Balti can and may terminate or suspend your account (a) if we believe that you are using your account in breach of these General Terms and Conditions of Use; (b) if we believe a third-party is using your account without your consent; or (c) if a we deem necessary to terminate your account for security or maintenance purposes. Bianca Balti reserves the right to terminate or suspend at any time and without prior notice.

PRIVACY POLICY

We may ask you to provide your personal data in order to access specific sections of the Site or Services or to register for a personal account to make timely purchases or receive exclusive information regarding our products and services. The Terms and Conditions of our Privacy Policy govern the collection, use, protection, and processing of all personal data submitted by you when you purchase products through our Site and Services.

PERMISSIONS AND RESTRICTIONS

The design of the Site and Services and all text, graphics, information, designs, logos, content, and other materials (collectively, “Content,”) displayed on or that can be downloaded from the Site or Services are either the property of or used with permission by Bianca Balti Maternity Inc. and are copyrights, trademarks, trade dress or other intellectual properties owned controlled or licensed by us and may not be used except as permitted in these General Terms and Conditions of Use. You may not modify in any way or reproduce, publish, display, transmit, distribute or create derivatives of any of the Content of the Site or Services. Any unauthorized use of the Content may violate copyright, trademark, privacy and publicity, and other laws or regulations and may subject you to liability under federal, state or international laws. The Content is intended solely for your personal and non-commercial use. It is to be noted that parts of the Site or Services allow you to share Content on your personal social media platforms. This grants you a limited license to display the Content as directed. No right, title or interest in the Content is granted or transferred to you as a result of your use of the Site or Services. In addition to other prohibitions as set forth in the General Terms and Conditions of Use, you are prohibited from using the Site or Services 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 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 Site or Services 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; or (k) to interfere with or circumvent the security features of the Site or Services or any related website, other websites, or the Internet. Bianca Balti reserves the right to terminate your use of the Site and Services or any related website for violating any of the prohibited uses.

USER COMMENTS, FEEDBACK, AND SUBMISSIONS

You are welcome to send us comments, feedback and suggestions (together, “Comments”) with your reviews, ideas, materials, images, information at any time regarding our Site or Services and products. You grant us a nonexclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to use your Comments and agree that we may at any time without restriction, edit, copy, publish, reproduce, adapt, distribute, translate, create derivative work from and otherwise use in any medium, any Comments that you have submitted to us. We are and shall be under no obligation to maintain any Comments in confidence, pay compensation for any Comments or respond to any Comments. We may, but have no obligation to monitor, edit or remove content that we determine in our sole discretion as unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violating any party’s intellectual property or these General Terms and Conditions of Use. You agree that your Comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Site or Services or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. We take no responsibility and assume no liability for any Comments posted by you or any third-party.

LINKS

Certain content, products and services available on our Site and Services may include links to third party websites. Third-party links on our Site or Services may direct you to third-party websites that are not affiliated with us. We do not operate, control, endorse or guarantee any third-party websites. 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 content or websites. 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 terms and conditions, privacy policy and other policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products or services should be directed to the third-party only.  

TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the Site and Services is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our Site or Services will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the Site or Services will be accurate or reliable. You agree that from time to time we may remove the Site or Service for indefinite periods of time or cancel the Site or Services at any time, without notice to you. You expressly agree that your use of, or inability to use, the Site or Services is at your sole risk. The Site and Services and all products delivered to you through the Site and Services 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 warrantees or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall Bianca Balti, 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 Site or Services or any products procured using the Site or Services, or for any other claim related in any way to your use of the Site or Services 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 Site or Services or any content (or product) posted, transmitted, or otherwise made available via the Site or Services, 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.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless Bianca Balti and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from any claim or demand, including, but not limited to reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these General Terms and Conditions of Use, the General Terms and Conditions of Sale, the Privacy Policy and any other specified terms 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 General Terms and Conditions of Use 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 General Terms and Conditions of Use, 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 termination date shall survive the termination of this agreement for all purposes. These General Terms and Conditions of Use are effective unless and until terminated by either you or us. You may terminate these General Terms and Conditions of Use at any time by notifying us that you no longer wish to use our Site or Services. If in our sole judgement you fail, or we suspect that you have failed, to comply with any term or provision of these General Terms and Conditions of Use, we may also 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 Site or Services (or any part thereof).

GOVERNING LAW

All conflicts and issues arising out of or relating to the General Terms and Conditions of Use will be governed by and construed in accordance with the laws of the State of California. These include however are not limited to the following: the validity, interpretation, construction, performance, and enforcement.

TERMS OF USE AMENDEMENTS

We reserve the right, at our sole discretion, to update, change or replace any part of these General Terms and Conditions of Use at any time. Changes and modifications will take effect immediately upon their posting to the Site. Any changes made to the General Terms and Conditions of Use can be found by visiting the Site and viewing the “Revised” date at the bottom of this page. Your continued use of or access to the Site or the Services following the posting of any changes to these General Terms and Conditions of Use constitutes your acceptance of those changes.

CONTACT BIANCA BALTI MATERNITY INC.

If you have further questions or inquiries regarding the General Terms and Conditions of Use, please contact us at customerservice@biancabalti.com.

 

Revised: July 1, 2018

 

The following General Terms and Conditions of Use govern the use of, access to, and purchase of products from the Bianca Balti Inc. (“Bianca Balti,” “we,” “us,” or “our,”) website and mobile application (together the “Site”) and any other services offered by Bianca Balti such as contacting by telephone, email or interacting with us over social media (“Services”). (“You,” Your,”) refers to you as a user of the Site or Services. By accessing or using the Site or Services, you confirm your acceptance of these General Terms and Conditions of Use and are in agreement to comply with and be bound by them. If you do not agree with or accept these General Terms and Conditions of Use, you are not authorized to continue your use of or access to our Site or Services.

ELIGIBILITY

By agreeing to these General Terms and Conditions of Use, you represent that you are at least 13 years old or at least the age of majority in your state or province of residence. If you are under the age of majority in your state or province of residence, your parent or legal guardian must agree to these General Terms and Conditions on your behalf and only after, may you access or use the Site and Services.

PURPOSE AND FUNCTIONALITY

We use the Site and Services to promote and provide information to you about our products, collections, campaigns, development, individuals, initiatives, and other information on Bianca Balti. You will find that specific features or accessibly to the website are only granted once you register to open a user account on the Site. This allows you to access specialized content, to be inserted into the mailing list to receive newsletters and other marketing initiatives promoted by us and purchase products online. All sections of the website are regulated by the General Terms and Conditions of Use, General Terms and Conditions of Sale, the Privacy Policy and any other specific terms.

PERSONAL ACCOUNT REGISTRATION

To access or register to receive certain information, you will be required to register for a personal account on our Site. Please note that you are responsible for all activities that occur under your registered account on our Site and Services (unless you notify us that your account has been demonstrably used by a third-party without your consent). You agree to provide current, complete and accurate account information upon registering and otherwise and accurate information when you make a purchase on the Site or Services. You agree to promptly update your account and other information, including, but not limited to your personal identifiable information, email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. You are also responsible to maintain the security of your username and password and ensure that no third-party has access to your account without your consent. Any action taken while logged into your account will be your responsibility unless you notify use of use by a third-party without your consent. Bianca Balti is not liable for any loss or damage arising from your failure to comply with these obligations. Please note that Bianca Balti can and may terminate or suspend your account (a) if we believe that you are using your account in breach of these General Terms and Conditions of Use; (b) if we believe a third-party is using your account without your consent; or (c) if a we deem necessary to terminate your account for security or maintenance purposes. Bianca Balti reserves the right to terminate or suspend at any time and without prior notice.

PRIVACY POLICY

We may ask you to provide your personal data in order to access specific sections of the Site or Services or to register for a personal account to make timely purchases or receive exclusive information regarding our products and services. The Terms and Conditions of our Privacy Policy govern the collection, use, protection, and processing of all personal data submitted by you when you purchase products through our Site and Services.

PERMISSIONS AND RESTRICTIONS

The design of the Site and Services and all text, graphics, information, designs, logos, content, and other materials (collectively, “Content,”) displayed on or that can be downloaded from the Site or Services are either the property of or used with permission by Bianca Balti Inc. and are copyrights, trademarks, trade dress or other intellectual properties owned controlled or licensed by us and may not be used except as permitted in these General Terms and Conditions of Use. You may not modify in any way or reproduce, publish, display, transmit, distribute or create derivatives of any of the Content of the Site or Services. Any unauthorized use of the Content may violate copyright, trademark, privacy and publicity, and other laws or regulations and may subject you to liability under federal, state or international laws. The Content is intended solely for your personal and non-commercial use. It is to be noted that parts of the Site or Services allow you to share Content on your personal social media platforms. This grants you a limited license to display the Content as directed. No right, title or interest in the Content is granted or transferred to you as a result of your use of the Site or Services. In addition to other prohibitions as set forth in the General Terms and Conditions of Use, you are prohibited from using the Site or Services 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 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 Site or Services 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; or (k) to interfere with or circumvent the security features of the Site or Services or any related website, other websites, or the Internet. Bianca Balti reserves the right to terminate your use of the Site and Services or any related website for violating any of the prohibited uses.

USER COMMENTS, FEEDBACK, AND SUBMISSIONS

You are welcome to send us comments, feedback and suggestions (together, “Comments”) with your reviews, ideas, materials, images, information at any time regarding our Site or Services and products. You grant us a nonexclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to use your Comments and agree that we may at any time without restriction, edit, copy, publish, reproduce, adapt, distribute, translate, create derivative work from and otherwise use in any medium, any Comments that you have submitted to us. We are and shall be under no obligation to maintain any Comments in confidence, pay compensation for any Comments or respond to any Comments. We may, but have no obligation to monitor, edit or remove content that we determine in our sole discretion as unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violating any party’s intellectual property or these General Terms and Conditions of Use. You agree that your Comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Site or Services or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. We take no responsibility and assume no liability for any Comments posted by you or any third-party.

LINKS

Certain content, products and services available on our Site and Services may include links to third party websites. Third-party links on our Site or Services may direct you to third-party websites that are not affiliated with us. We do not operate, control, endorse or guarantee any third-party websites. 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 content or websites. 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 terms and conditions, privacy policy and other policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products or services should be directed to the third-party only.  

TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the Site and Services is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our Site or Services will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the Site or Services will be accurate or reliable. You agree that from time to time we may remove the Site or Service for indefinite periods of time or cancel the Site or Services at any time, without notice to you. You expressly agree that your use of, or inability to use, the Site or Services is at your sole risk. The Site and Services and all products delivered to you through the Site and Services 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 warrantees or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall Bianca Balti, 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 Site or Services or any products procured using the Site or Services, or for any other claim related in any way to your use of the Site or Services 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 Site or Services or any content (or product) posted, transmitted, or otherwise made available via the Site or Services, 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.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless Bianca Balti and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from any claim or demand, including, but not limited to reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these General Terms and Conditions of Use, the General Terms and Conditions of Sale, the Privacy Policy and any other specified terms 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 General Terms and Conditions of Use 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 General Terms and Conditions of Use, 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 termination date shall survive the termination of this agreement for all purposes. These General Terms and Conditions of Use are effective unless and until terminated by either you or us. You may terminate these General Terms and Conditions of Use at any time by notifying us that you no longer wish to use our Site or Services. If in our sole judgement you fail, or we suspect that you have failed, to comply with any term or provision of these General Terms and Conditions of Use, we may also 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 Site or Services (or any part thereof).

GOVERNING LAW

All conflicts and issues arising out of or relating to the General Terms and Conditions of Use will be governed by and construed in accordance with the laws of the State of California. These include however are not limited to the following: the validity, interpretation, construction, performance, and enforcement.

TERMS OF USE AMENDEMENTS

We reserve the right, at our sole discretion, to update, change or replace any part of these General Terms and Conditions of Use at any time. Changes and modifications will take effect immediately upon their posting to the Site. Any changes made to the General Terms and Conditions of Use can be found by visiting the Site and viewing the “Revised” date at the bottom of this page. Your continued use of or access to the Site or the Services following the posting of any changes to these General Terms and Conditions of Use constitutes your acceptance of those changes.

CONTACT BIANCA BALTI INC.

If you have further questions or inquiries regarding the General Terms and Conditions of Use, please contact us at customerservice@biancabalti.com.

 

Revised: July 1, 2018