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Terms of Website Use

You should read these terms and conditions carefully before using this website ('the Site'). By accessing or using the Site, you agree to be bound by these terms and conditions (regardless of whether you have completed the registration process) and our Privacy Policy (click here to view the Privacy Policy). No proposed changes to these terms and conditions are valid or have any effect. If you do not agree with or accept any of these terms and conditions, you should cease using the Site immediately.

Please note that any sales made by us will be governed by separate terms and conditions in addition to these terms and will be provided to you for your acceptance before you place an order. 

This website is intended for and directed to people over the age of 18 years. 

For the purposes of these terms, we, our or us means Sally Kirkpatrick of 27 Oak Tree Close, Middleton St George, DL2 1HJ.trading as Googa Babywear

1 - Availability and conditions of use
1.1 - The Site is made available to you by us. Whilst we make every effort to ensure that the Site is available, we do not represent, warrant or guarantee in any way the Site's (or any part of it) continued availability or that you will be able to use it without interruption. We reserve the right to suspend or cease the operation of the Site from time to time at our sole discretion. 
1.2 - As a condition of your use of the Site, you agree:
1.2.1 - not to use the Site for any purpose that is unlawful under applicable law, or prohibited by these terms and conditions or fraudulent; 
1.2.2 - not to defame, disparage any body or act in a manner which is obscene, derogatory or offensive or is likely to cause annoyance, inconvenience or anxiety to any person
1.2.3 - not to breach the intellectual property rights of any person.
1.3 - You must ensure that you do not transmit or upload on our Site any material containing software viruses or files designed to damage or disrupt the good working order of any computer or telecommunications equipment.
1.4 - You are not permitted to do anything which may disrupt or limit the operation of the Site in any way or that may disrupt any other user’s operation of the Site.
1.5 - Unless we expressly permit you to do so, you must not use the Site to engage in any commercial activity or solicitation of any nature. 
1.6 - We reserve the right to prevent or suspend your access to the Site if you do not comply with any part of these terms and conditions or any applicable law.
2 - Registration
2.1 - If you wish to place an order for goods through the Site you will be required to complete a registration process. By completing the registration process you are stating that you are at least 18 years of age or a minor with parental consent or that of a guardian to use the Site. All minors must discuss these terms and conditions with their parents or guardian before completing the registration process.
2.2 - By using the Site and completing the registration process, you agree to provide true, accurate, current and complete information about yourself where required in the registration form.
2.3 - Following the completion of the registration process you will have been provided with a user name and password. It is important that you keep your user name and password in a safe place and confidential and secure as you will be responsible for all activities which occur under your username and password. 
2.4 - You must contact us immediately if you believe that there has been any unauthorised use of your username and password.
2.5 - We reserve the right to terminate any account if you do not comply with any part of these terms and conditions or any applicable law.
3 - User Content
3.1 - Within the Site is a facility for users to post comments, opinions and information by way of blogs available from time to time on the Site. We do not control or screen the content of any comments posted on the Site in such blogs and as such we do not guarantee its accuracy, quality or integrity or that it will not be offensive or otherwise objectionable to you. We will not be responsible for or liable for anything contained in such blogs and you should place any reliance on such content. 
3.2 - You are not permitted to transmit or upload anything onto the Site or any blogs contained on the Site that may be unlawful, harmful, defamatory or disparages any body or which is obscene, abusive, threatening, invasive or privacy, derogatory or offensive to other users of the Site or in any way harms our business. 
3.3 - You must ensure that you have a clear right to use anything transmitted or uploaded by you to the Site and that by doing so you have not breached any intellectual property rights of any third parties.  
3.4 - You represent and warrant in respect of any material or content that you upload or transmit to or on the Site:
3.4.1 - you own or otherwise control all intellectual property rights in such content and material;
3.4.2 - such content or material is accurate;
3.4.3 - use of the content or material is not unlawful, harmful, defamatory or disparages any body or which is obscene, abusive, threatening, invasive or privacy, derogatory or offensive to other users of the Site or in any way harms our business
3.5 - We reserve the right to remove any content or material posted on the Site which is in breach of any applicable laws, any rights of third parties, any of these terms or is otherwise objectionable to us. 
3.6 - If you believe that any content or material posted on the Site or any blogs contained on the Site contains anything which is defamatory, in breach of any intellectual property rights of any third party or otherwise in breach of these terms please contact us at the contact details listed below.
4 - Ownership, use and intellectual property rights
4.1 - Subject to clause 4.4, the Site and all content within the Site (such as text, graphics, logos, button icons, images, audio clips, digital downloads and data compilations) is owned and operated by us and/or our licensors. We and our licensors reserve all rights. 
4.2 - The Site is for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, revise, perform, reproduce, publish, license, deep-link, extract, re-utilise, create derivative works from, transfer, or sell any information, trademarks or content obtained from the Site unless expressly authorised by us. 
4.3 - Subject to clause 4.4, any intellectual property rights (including without limitation all patents, copyright, database rights and trademarks (whether registered or unregistered) subsisting in any content or material on the Site belongs to us and/or our licensors. All rights are reserved for the benefit of ourselves and/or our licensors. Nothing in these terms and conditions grants you any rights in the Site or the content within the Site. 
4.4 - If you transmit or upload any content or material on to the Site, and unless we indicate otherwise,:
4.4.1 - you grant us (throughout the world in any media) an irrevocable non-exclusive, royalty free and fully sublicensable and transferable rights to use, modify, adapt, publish, reproduce, display, distribute or create derivative works from such content or material; and
4.4.2 - you grant us (and any transferees and sublicencees) the irrevocable right to use the username or other name that you provide when submitting such content or material.
4.4.3 - you agree to waive your right to be identified as the author of such content or material and your right to object to any derogatory treatment of such content or material.
5 - Advertisements and Promotions
We may use our Site or any of the correspondence we send to you to run advertisements promoting products and services we offer, or any person or corporation duly authorised by us to promote or advertise their products through us.
6 - Disclaimers
While we use reasonable efforts to include accurate and up-to-date information on the Site, we do not represent, warrant or promise (whether express or implied) that any information is or remains accurate, complete and up to date, or fit or suitable for any purpose. Any reliance you place on the information on the Site is at your own risk. Nothing in these terms and conditions shall operate to prejudice any mandatory statutory requirement or your statutory rights. <
7 - Hyperlinks and third party sites
The Site may contain hyperlinks or references to external third party websites. Any such hyperlinks or reference is provided for your convenience only. We have no control over third party websites and accept no responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third party website does not constitute an endorsement of such third party's website, products or services. Your use of a third party site may be governed by the terms and conditions of that third party site. 
8 - Warranties and limitation of liability
8.1 - You agree that your use of the Site is on an 'as is' and 'as available' basis. Consequently we make no representations, warranties, conditions or other terms (whether express or implied) in relation to the provision of the Site, including without limitation as to completeness, accuracy and currency or any content and information on the Site, or as to satisfactory quality, or fitness for particular purpose. 
8.2 - To the maximum extent permitted by applicable law, we exclude all liability (whether arising in contract, tort, breach of statutory duty or otherwise) which we may otherwise have to you as a result of:
8.2.1 - any error or inaccuracies in any information or material within or relating to the Site;
8.2.2 - the unavailability of the Site for whatsoever reason; 
8.2.3 - any representation or statement made on the Site; 
8.2.4 - any loss or damage suffered (including without limitation direct or indirect losses) arising from your use of, or reliance on, the Site;
8.2.5 - unauthorised access to or alterations of your transmission or data;
8.2.6 - any content or material uploaded or transmitted by third parties or users of the Site; and
8.2.7 - any content or material contained on any hyperlinked or external third party websites.
8.3 - Under no circumstances shall we be liable to you for:
8.3.1 - your inability to use the Site;
8.3.2 - statements or conduct of any third parties on the Site.
8.4 - When registering or placing your order with us you may be directed to a third party payment processor who will take your payment details. Please see our privacy policy for further details. We have taken all reasonable precautions to ensure that such payment processor uses secure server software to protect your payment details. To the maximum extent permitted by applicable law, we exclude all liability (whether arising in contract, tort, breach of statutory duty or otherwise) which we may otherwise have to you as a result of any failure by such payment processor to keep your payment details secure. Please ensure that you are happy with the risks of using such payment processor before proceeding with the registration process or order.
8.5 - In no event will our liability arising out of or in respect of these terms exceed the sum of £1,000.00 GBP and we will not be liable for any loss of profits, goodwill, data business or other indirect or inconsequential loss whatsoever.
8.6 - We do not exclude or limit our liability for death or personal injury arising from our negligence, for any fraudulent misrepresentation made by us on the Site or for any other statutory rights which are not capable of being excluded.
9 - Indemnity
If you are in breach of any of these terms and conditions, you agree to indemnify and hold us harmless in respect of any costs, expenses, claims, proceedings, actions, losses, damages or liabilities incurred by us in relation to or arising from such a breach. 
10 - Contact Details
10.1 - Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent to our contact address at 27 Oaktree Close, Middleton St George, Darlington, DL2 1HJ or customerservices@googababywear.com.
10.2 - We may communicate with you by e-mail or by posting notices on our Site. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide you electronically satisfy any legal requirement that such communications be in writing, unless mandatory applicable laws specifically require a different form of communication
11 - General
11.1 - We reserve the right to vary these terms and conditions from time to time without notifying you. By continuing to use and access the Site you agree to be bound by any variation made by us. It is your responsibility to check these terms and conditions from time to time to verify such variations. 
11.2 - These terms and conditions contains the entire understanding and agreement between us and you in relation to your use of the Site and supersedes and replaces any representation, statement or other communication (whether written or otherwise) made by you or us which is not contained herein.
11.3 - Should any part of these terms and conditions for any reason be declared invalid or unenforceable by a court of a competent jurisdiction, it shall be deemed to be deleted without affecting the remaining provisions. 
11.4 - These terms and conditions are governed and construed in accordance with the laws of England and Wales and you consent to the exclusive jurisdiction of the courts of England.