Terms of Use

1. Acceptance of our Terms

By visiting the website parenting.firstcry.com, viewing, accessing or otherwise using any of the services or information created, collected, compiled or submitted to parenting.firstcry.com, you agree to be bound by the following Terms and Conditions of Service. If you do not want to be bound by our Terms your only option is not to visit, view or otherwise use the services of parenting.firstcry.com. You understand, agree and acknowledge that these Terms constitute a legally binding agreement between you and parenting.firstcry.com and that your use of parenting.firstcry.com shall indicate your conclusive acceptance of this agreement.

General Information

Your use of the Website and services and tools are governed by the following terms and conditions (“Terms of Use” or “User Agreement”) as applicable to the Website. If you transact on the Website, You shall be subject to the policies that are applicable to the Website for such transaction. By mere use of the Website, You shall be contracting with Firstcry, these terms and conditions constitute your binding obligations, with Firstcry.
For the purpose of these Terms of Use, wherever the context so requires “You”, “User” or “End User” shall mean any natural or legal person who uses the Website, browses the Website, makes purchases on the Website or becomes a member of the Website by providing Registration Data while registering on the Website as Registered User using the computer systems. Firstcry allows User to surf the Website or making purchases without registering on the Website. The term “we”, “us”, “our” shall mean firstcry.com.
ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT, SO PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PROCEEDING. IF YOU DO NOT AGREE WITH THESE TERMS OF USE PLEASE STOP USING THE WEBSITE.

Membership Eligibility

Use of the Site is available only to persons who can form legally binding contracts under applicable law. Persons who are “incompetent to contract” within the meaning of the laws applicable to them in their respective jurisdiction including un-discharged insolvents etc. are not eligible to use the Site. You may use this site only if your age is over 18 years and you are capable of forming binding contracts under applicable law.

Firstcry.com reserves the right to terminate your membership and refuse to provide you with access to the Site if Firstcry.com discovers that you are under the age of 18 years or otherwise not capable of forming binding contracts. In case of a business entity, you represent that you have the necessary authority to bind the entity to this User Agreement.

Unless otherwise specified, the materials on this website are directed solely at those who access this website from INDIA. Firstcry.com makes no representation that any products or services referred to in the materials on this website are appropriate for use, or available outside INDIA. Those who choose to access this Site from outside INDIA are responsible for compliance with local laws if and to the extent local laws are applicable. Firstcry.com will deliver the products only within INDIA and will not be liable for any claims relating to any products ordered from outside INDIA.

Unless otherwise stated in writing as additional terms and conditions which are product specific, these terms and conditions supersede all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with any other terms of any order submitted. By using the services of Firstcry.com you agree to be bound by the Terms and Conditions.

Modifications

Firstcry.com reserves the right at all times to discontinue or modify the Terms of Use and/or our Privacy Policy as we deem necessary or desirable without any prior notification. Such changes may include, among other things, the adding of certain fees and charges. Any such modifications would be effective immediately. We suggest that you read our Terms and Conditions and Privacy policy from time to time to stay informed. Any use of the site after such modifications would be deemed to constitute acceptance of the modified terms by the End User.

Account and Registration

It is the user’s responsibility to keep the details of the account and password confidential and you agree to accept responsibility for all activities that occur under Your Account or Password. Firstcry.com shall not be liable to any person for any loss or damage which may arise as a result of any failure by the user to protect the account details or the password. In case of any suspected breach please contact us immediately. If Firstcry.com has reason to believe that there is likely to be a breach of security or misuse of the Firstcry.com Site, we may require you to change your password or we may suspend your account without any liability to Firstcry.com.

You also agree to:

1. Provide true, accurate, current and complete information about yourself as prompted by FirstCry website during the registration process (such information being the “Registration Data”)
2. Maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, incomplete, or not current, if Firstcry.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or not in accordance with the User Agreement, or if in the opinion of Firstcry.com your use of the Website breaches the terms of the applicable law, or the rights of any person, or is detrimental in any way to Fristcry.com, Firstcry.com will have the right to indefinitely suspend or terminate your membership and refuse to provide you with access to the Site.

User Conduct

You Agree and Confirm

1. That you will use the services provided by Firstcry.com, its affiliates, consultants and contracted companies, for lawful purposes only and comply with all applicable laws and regulations while using the Site and transacting on the Site.
2. You will provide true, accurate, complete and current information in all instances where such information is requested of you. Firstcry.com reserves the right to confirm and validate the information and other details provided by you at any point of time. If upon confirmation your details are found not to be true (wholly or partly), Firstcry.com has the right in its sole discretion to reject the registration and debar you from using the Services of Firstcry.com and / or other affiliated websites without prior intimation whatsoever.
3. That you using your best and prudent judgment before entering into any transaction through this Site doing so at your sole risk.
4. After placing an order for a product you agree to be bound by the conditions of sale included in the item’s description.

You may not use the Site for any of the following purposes:

1. Disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material.
2. Transmitting material that encourages conduct that results in civil liability or otherwise breaches any relevant laws, regulations or code of practice or constitutes a criminal offence.
3. Gaining unauthorised access to other computer systems.
4. Interfering with any other person’s use or enjoyment of the Site.
5. Breaching any applicable laws.
6. Interfering or disrupting networks or web sites connected to the Site.
7. Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.

Electronic Communications

When you visit the FirstCry Site or send emails to us, you are communicating with us electronically. You hereby provide your consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Site. You hereby agree that all notices, agreements and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Modification of Terms & Conditions of Service

Firstcry.com reserves the right to make changes to our Terms of Use and/or our Privacy Policy (which is incorporated herein by reference) at our sole discretion and you may not be notified. We suggest to you, therefore, that you re-read this important notice containing our Terms of Use and Privacy Policy from time to time in order that you stay informed as to any such changes. You have accepted the Agreement as amended if you continue to use any of Firstcry.com’s Services after any amendments are posted on our Website.

IV.Disclosure of Account Information

1. Any personal data (for example name, address, telephone number, or e-mail address) that you transmit through this site will be governed by Firstcry.com Privacy Policy, which is hereby incorporated by into these Terms and Conditions by reference.
2. You authorize FIRSTCRY.COM to disclose necessary information that you have provided to third parties, or information that FIRSTCRY.COM has obtained about your Account: (i) to agents of FIRSTCRY.COM or its affiliates, such as independent auditors, consultants or attorneys; (ii) to comply with government agency or court orders or requests; or (iii) where it is necessary for fulfilment with third party suppliers.
3. By entering into this Agreement, you authorize FIRSTCRY.COM and its Suppliers to share personal information about you, including but not limited to your e-mail address, full name and address in accordance with Firstcry.com Privacy Policy.

V. Termination or Changes to the Program

1. FIRSTCRY.COM reserves the right to terminate the Program at any time without notice. Notification of Program termination by FIRSTCRY.COM would be publicized on the Program Web site only. The usage of loyalty cash by the customer after the termination of the program, will depend on Firstcry’s discretion.

2. FIRSTCRY.COM may modify this Agreement from time to time, with or without notice, and your continued participation in the Program after such modification shall be deemed to be your acceptance of any such modification. It is your responsibility to check the Terms and Conditions page of the Program Website regularly to determine whether this Agreement has been modified. If you do not agree to any modification of this Agreement, you must immediately cease participation in the Program.

VI. Fraud; Termination of Membership

Membership in the Program is subject to the Program Terms and Conditions. Any failure to comply with the Program Terms and Conditions, any fraud or abuse relating to the accrual or redemption of rewards from FIRSTCRY.COM, or any misrepresentation of any information furnished to FIRSTCRY.COM or its affiliates by you, or anyone acting on your behalf, may result in the termination of your membership in the Program, cancellation of your Program account and/or forfeiture of your rewards / earnings. In the event of fraud, misconduct, or suspected fraud or misconduct by you or anyone acting on your behalf or under your password, FIRSTCRY.COM reserves the right to suspend access to your account indefinitely pending investigation.

VII. Limitation of Liability

We will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed the Loyalty Cash in your account at the time of the event giving rise to such liability.

VIII. Disclaimers

We make no express or implied warranties or representations with respect to the Program or any products sold through the Program or the Website (including, without limitation, warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of the Firstcry.com Site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.

IX. Disputes

Any dispute relating in any way to the Program or this Agreement will be submitted to the jurisdiction of the Dubai Courts and you hereby consent to exclusive jurisdiction and venue in those courts. You further acknowledge and agree that our rights in the Content in the Website are of a special, unique, extraordinary character, giving them peculiar value, the loss of which cannot be readily estimated and may not be adequately compensated for in monetary damages.

X. Miscellaneous

This Agreement will be governed by the laws of the Indian Republic and the state of Maharashtra, without reference to rules governing choice of laws. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.

Parenting Services

The “Parenting” Platform built by Firstcry.com, is a community of parents, where they can bond with each other and request for a solution for the day to day challenges they encounter with their baby directly from the counselors and the parents available on the platform, and can also refer to the variety of literature on parenthood. This platform also provides the users for sharing important and wonderful information with the other parents so that their everyday parenting journey is filled with a lot more laughter than tears of their oh-so-cute babies. With a simple login, you can connect with several other parents whose biggest trouble in life is the changed poop color of their babies. “Becoming a mom is watching your heart walk outside your body”, and we at Firstcry.com Parenting understand the beautiful pains and challenges a mother goes through while taking care of her baby, HENCE US!

Restricted Access

Access to certain areas and/or content of the Parenting is restricted. Firstcry.com reserves the right to restrict access to other areas and/or content of the Parenting, or indeed this entire website, at the Website’s discretion. If Firstcry.com provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential. Firstcry.com may disable your user ID and password in Firstcry.com sole discretion without notice or explanation.

Prohibitions

In furtherance to the terms mentioned in User Conduct above, Users should not:

Submit, post, or otherwise make available to or through the Web Site any information that:

• .is unlawful, harassing, defamatory, abusive, threatening, obscene, harmful, tortious, libelous, or invasive of another’s privacy;
• .infringes or violates any party’s copyright, trademark, trade secret, patent, or other proprietary right;
• .contains any worms, viruses, or other harmful, disruptive, or destructive files, code, or programs;
• .includes any unauthorized advertising, 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; or
• .you do not have the right to submit, post, disseminate, or transmit.

Use the Parenting Platform 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 Web Site;
• .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 Web Site;
• .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 Firstcry.

No Doctor – Patient Relationship

Please note that some of the content, text, data, graphics, images, information, suggestions, guidance, and other material (collectively, “Information”) that may be available on Parenting (including information provided in direct response to your questions or postings) may be provided by individuals in the medical profession. The information and views provided herein should not be treated as medical advice. The information on the Parenting Platform is provided without any representations or warranties, express or implied. You must not rely on the information on the Parenting as an alternative to medical advice from your doctor or other professional healthcare provider. If you have any specific questions about any medical matter, you should consult your doctor or other professional healthcare provider. The Parenting includes interactive features that allow users to communicate with us. You acknowledge that because of the limited nature of communication through the Parenting’s interactive features, any assistance you may receive using any such features is likely to be incomplete or not appropriate for your condition. As health and nutrition research continuously evolves, we do not guarantee the accuracy, completeness, or timeliness of any information presented on the Parenting.

No Obligation to Pre-screen User Content

Firstcry does not have any obligation to pre-screen, edit, or remove any Content provided by Users that is posted on or available through the Web Site. However, Firstcry 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 views, opinions and positions (including content in any form) expressed within Users’ posts are those of the author alone. The accuracy, completeness and validity of any statements made within the Parenting Platform are not guaranteed. We accept no liability for any errors, omissions or representations. The responsibility for intellectual property rights of this content rests with the User who has published such content and any liability with regards to infringement of intellectual property rights remains with him/her.

Parenting may include hyperlinks to third party content or images. You acknowledge and agree that Parenting is not responsible for and does not endorse any advertising, products or resource available from such resources or websites. The intellectual property rights in the said third party images/content does not belong to Parenting. These links are provided for your information and convenience only and are not an endorsement by the Parenting of the content of such linked websites or third parties. Parenting has no control over the contents of any linked website and is not responsible for these websites or their content or availability. Thus, we are not responsible for the content or accuracy of any third-party resource or for any loss or damage of any sort resulting from the use of, or for any failure of, products or services provided at or from a third party resource. We recommend these resources on an ‘as is’ basis. When you use a third party resource, you will be subject to its terms and licenses and no longer be protected by our privacy policy or security practices, which may differ from the third policy or practices or other terms. You should familiarize yourself with any license or use terms of, and the privacy policy and security practices of, the third party resource, which will govern your use of that resource..

Purposes of Data Collection

As explained in further detail in our Privacy Policy, we collect information about you because we want to determine what you may like or find interesting, so we can provide you with targeted information and advertising (on our Site, in newsletters, via email and otherwise). In addition, we use data to create statistics and reports where personally identifiable information has been removed and aggregated (such that it is anonymous as regards any specific user) for various business purposes.

On submission of your contact details with the Site, you authorize FirstCry to contact you through email or phone.

Other Terms

Reviews, Feedback, Submissions

All discussions , ratings, comments, bulletin board service, chat rooms, Parenting service and/or other message or communication facilities  means Material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this Website, for whatever purpose. End User acknowledges that any Material posted on the Website is public and not private communication.Firstcry.com does not control or endorse the content, messages or information found in any Material, and, therefore, Firstcry.com specifically disclaims any liability concerning the Material and any actions resulting from End Users participation in any Material, including any objectionable content. Generally, any communication which End User posts to Firstcry.com (whether in Parenting, chat rooms, discussion groups, message boards, or otherwise) is considered to be non-confidential and you grant to Firstcry.com a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to Firstcry.com the right to sub-license these rights, and the right to bring an action for infringement of these rights. If particular web pages permit the submission of communications that will be treated by Firstcry.com as confidential, that fact will be stated on those pages. Notwithstanding Firstcry.com’s rights under these terms and conditions in relation to user content, Firstcry.com does not undertake to monitor and is not responsible of the submission of such content to, or the publication of such content on, this website.

Copyright & Trademark

Everything located on or in this Site, including the Microsites, is our exclusive property and can be used with express permission of the copyright and/or trademark owner. ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING, LINKING, DEEP LINKING, OR OTHERWISE MODIFYING OF THIS SITE OR ANY OF THE MICROSITES WITHOUT OUR EXPRESS WRITTEN PERMISSION IS STRICTLY PROHIBITED. Any violation of this policy may result in a copyright, trademark or other intellectual property right infringement that may subject End User to civil and / or criminal penalties.

This Site and Microsites contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music, sound, and the entire contents of website protected by copyright. We own a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. End User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. End User may download / print / save copyrighted material for End User’s personal use only. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without our express permission of Firstcry.com and the copyright owner is permitted. If copying, redistribution or publication of copyrighted material is permitted, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. End User acknowledges that he/she/it does not acquire any ownership rights by downloading copyrighted material. Trademarks that are located within or on the Site or a Web site otherwise owned or operated in conjunction with Firstcry.com shall not be deemed to be in the public domain but rather the exclusive property of owners, unless such site is under license from the Trademark owner thereof in which case such license is for the exclusive benefit and use of Firstcry.com, unless otherwise stated.

End User shall not upload, post or otherwise make available on this Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. We do not have any express burden or responsibility to provide End User with indications, markings or anything else that may aid End User in determining whether the material in question is copyrighted or trademarked. End User shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission. By submitting material to any public area of this Site, End User warrants that the owner of such material has expressly granted us the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. End User also permits any other end user to access, view, store or reproduce the material for that end user’s personal use. End User hereby grants us the right to edit, copy, publish and distribute any material made available on this Site by End User. We hereby reserves the right to terminate its agreement with any End User who infringes on copyright rights upon notification to us by the copyright owner.

The foregoing provisions of this clause apply equally to and are for the benefit of Firstcry.com, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.

Indemnity

You agree to defend, indemnify and hold harmlessFIRSTCRY.COM, its affiliates, employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney’s fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to us or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfillment of any of your obligations under this User Agreement or arising out of the your violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this User Agreement.

Termination

We may terminate this Agreement at any time. Without limiting the foregoing, we shall have the right to terminate any passwords or accounts of End User in the event of any conduct by End User which we, in our sole discretion, consider to be unacceptable, or in the event of any breach by End User of this Agreement. Our right to any Comments shall survive any termination of this User Agreement. Any such termination of the User Agreement shall not cancel your obligation to pay for the product already ordered from the Site or affect any liability that may have arisen under the User Agreement.

Limitation of Liability and Disclaimers

The Site is provided without any warranties or guarantees and in an “As Is” condition. You must bear the risks associated with the use of the Site.
The Site provides content from other Internet sites or resources and while we try to ensure that material included on the website is correct, reputable and of high quality, it cannot accept responsibility if this is not the case. We will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Site.
This disclaimer does not apply to any product warranty offered by the manufacturer of the product as specified in the product specifications. This disclaimer constitutes an essential part of this User Agreement. To the fullest extent permitted under applicable law, we or our suppliers shall not be liable for any indirect, incidental, special, incidental, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the Site, its services or this User Agreement.

Without prejudice to the generality of the section above, the total liability of Firstcry.com and its affiliates to you for all liabilities arising out of this User Agreement be it in tort or contract is limited to the value of the product ordered by you in connection with the event which gave rise to the liability, or, if there is no such connection, to the value of products ordered by you in the month prior to the event that gave rise to the liability. FIRSTCRY.COM, their associates and technology partners make no representations or warranties about the accuracy, reliability, completeness, currentness and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Site or that the operation of the Site will be error free and/or uninterrupted. Consequently, we assume no liability whatsoever for any monetary or other damage suffered by you on account of the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Site; and/or any interruption or errors in the operation of the Site. You accept that, as a limited liability entity, Firstcry.com’ officers and employees are not liable for acts or omissions of Firstcry.com. You agree that you will not bring any claim personally against Firstcry.com officers or employees in respect of any losses you suffer in connection with the website.

Site Security

You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for you or logging onto a server or an account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mail bombing” or “crashing;” (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. Firstcry.com will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from Firstcry.com on this Site and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer).

MISCELLANEOUS

1. Force Majeure: Without prejudice to any other provision herein, we will not be liable for any loss, damage or penalty as a result of any delay in or failure to deliver or otherwise perform hereunder due to any cause beyond the our control, including, without limitation, acts of the End User, embargo or other governmental act, regulation or request affecting the conduct of Firstcry.com ‘s business, fire, explosion, utilities failure, accident, theft, vandalism, riot, acts of war, strikes or other labor difficulties, lightning, flood, windstorm or other acts of God.

2. Entire Agreement: This Agreement and any operating rules for the Website established by Firstcry.com constitute the entire agreement of the parties with respect to the subject matter hereof.

3. Waiver:No waiver by either party of any breach or default hereunder is a waiver of any preceding or subsequent breach or default. The failure of either party to exercise any of its rights under this Agreement shall not be deemed a waiver or forfeiture of such rights or any other rights provided hereunder.

4. Headings: The section headings used herein are for convenience only and shall be of no legal force or effect.

5. Severability: If any provision of this Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement and the remaining portions of this Agreement shall continue in full force and effect.

6. Governing Law: This Agreement will be governed by laws of the United Arab Emirates as applicable in Dubai, subject to the Courts in Dubai, without reference to conflict of laws principles, if any.

7. Payment Decline: We as a merchant shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time.

Provision of Services

You agree and acknowledge that parenting.firstcry.com is entitled to modify, improve or discontinue any of its services at its sole discretion and without notice to you even if it may result in you being prevented from accessing any information contained in it. Furthermore, you agree and acknowledge that parenting.firstcry.com is entitled to provide services to you through subsidiaries or affiliated entities.

Proprietary Rights

You acknowledge and agree that parenting.firstcry.com may contain proprietary and confidential information including trademarks, service marks and patents protected by intellectual property laws and international intellectual property treaties. Our content may not be sold, reproduced, or distributed without our written permission. Any third-party trademarks, service marks and logos are the property of their respective owners. Any further rights not specifically granted herein are reserved.

Submitted Content

When you submit content to parenting.firstcry.com you simultaneously grant parenting.firstcry.com an irrevocable, worldwide, royalty free license to publish, display, modify, distribute and syndicate your content worldwide. You confirm and warrant that you have the required authority to grant the above license to parenting.firstcry.com.

Disclaimer of Warranties

You understand and agree that your use of parenting.firstcry.com is entirely at your own risk and that our services are provided “As Is” and “As Available”. parenting.firstcry.com does not make any express or implied warranties, endorsements or representations whatsoever as to the operation of the parenting.firstcry.com website, information, content, materials, or products. This shall include, but not be limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement, and warranties that access to or use of the service will be uninterrupted or error-free or that defects in the service will be corrected.

Limitation of Liability

You understand and agree that parenting.firstcry.com and any of its subsidiaries or affiliates shall in no event be liable for any direct, indirect, incidental, consequential, or exemplary damages. This shall include, but not be limited to damages for loss of profits, business interruption, business reputation or goodwill, loss of programs or information or other intangible loss arising out of the use of or the inability to use the service, or information, or any permanent or temporary cessation of such service or access to information, or the deletion or corruption of any content or information, or the failure to store any content or information. The above limitation shall apply whether or not parenting.firstcry.com has been advised of or should have been aware of the possibility of such damages. In jurisdictions where the exclusion or limitation of liability for consequential or incidental damages is not allowed the liability of parenting.firstcry.com is limited to the greatest extent permitted by law.

Jurisdiction

You expressly understand and agree to submit to the personal and exclusive jurisdiction of the courts of the country, state, province or territory determined solely by parenting.firstcry.com to resolve any legal matter arising from this agreement or related to your use of parenting.firstcry.com. If the court of law having jurisdiction, rules that any provision of the agreement is invalid, then that provision will be removed from the Terms and the remaining Terms will continue to be valid.

Entire Agreement

You understand and agree that the above Terms constitute the entire general agreement between you and parenting.firstcry.com. You may be subject to additional Terms and conditions when you use, purchase or access other services, affiliate services or third-party content or material.

Changes to the Terms

parenting.firstcry.com reserves the right to modify these Terms from time to time at our sole discretion and without any notice. Changes to our Terms become effective on the date they are posted and your continued use of parenting.firstcry.com after any changes to Terms will signify your agreement to be bound by them.

Medical Disclaimer

If you think you have a medical emergency, call your doctor immediately. Do not rely on electronic communications or communication through this website for immediate, urgent medical needs. This website is not designed to facilitate medical emergencies.

Health Content

This website does not provide medical advice.

Some information on the site is written by health care providers affiliated with parenting.firstcry.com and its affiliates, and some content is provided by outside sources.

The content of this website, such as graphics, images, text and all other materials, is provided for reference and educational purposes only. The content is not meant to be complete or exhaustive or to be applicable to any specific individual’s medical condition.

parenting.firstcry.com assumes no duty to correct or update the website nor to resolve or clarify any inconsistent information that might be a part of the website.

This website is not an attempt to practice medicine or provide specific medical advice, and it should not be used to make a diagnosis or to replace or overrule a qualified health care provider’s judgment. Users should not rely up this website for emergency medical treatment. The content on this website is not intended to be a substitute for professional medical advice, diagnosis or treatment. Always consult with a qualified and licensed physician or other medical care provider, and follow their advice without delay regardless of anything read on this website.

Use of programs on the parenting.firstcry.com website does not establish a doctor–patient relationship.

Liability

You assume full responsibility for using the information on this site, and you understand and agree that Partners HealthCare and its affiliates, including parenting.firstcry.com, are not responsible or liable for any claim, loss or damage resulting from its use by you or any user.

parenting.firstcry.com cannot and does not warrant that access to the site will be error- or virus-free and does not guarantee against unauthorized users or hackers attempting to obtain access to this website.

parenting.firstcry.com does not intentionally or knowingly collect personal information from children under age 18. If you are under the age of 18 you can not use this website, please consult a parent or guardian for help in using this website.

Accuracy and Timeliness

Although we try to keep the information on the site as accurate as possible, parenting.firstcry.com disclaims any warranty concerning its accuracy, timeliness and completeness of content, and any other warranty, express or implied, including warranties of merchantability or fitness for a particular purpose. parenting.firstcry.com also reserves the right to temporarily or permanently discontinue this website, any page or any functionality at any time and without any notice.

External Links

In order to provide website users with other helpful information, the parenting.firstcry.com website contains links to other websites. However, parenting.firstcry.com provides no authority over external organizations’ websites, and this policy does not apply to external sites that are provided as links. Pages of external websites might have different terms of use. parenting.firstcry.com provides links to certain external websites as a convenience to visitors of its website; the existence of a link is not intended to be, and should not be taken as, an endorsement by parenting.firstcry.com of any product or service that may be available through such external websites.

Ownership

All copyrightable text, graphics, design, selection and arrangement of information in this website are copyrighted Copyrightable, owned Copyrighted by parenting.firstcry.com unless otherwise noted.

Privacy

By using the parenting.firstcry.com website, you agree to acceptance of the Website Privacy Policy.

We will review this disclaimer frequently and reserve the right to revise it periodically. If we make changes to this policy, we will post the updated policy here.