1. Acceptance of our Terms
2. General Information
Your use of the Website and services and tools are governed by the following Terms as applicable to the Website. For the purpose of these Terms, wherever the context so requires “You” 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 End User to surf the Website without registering on the Website.
4. Parenting Services
The Website 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 Website and can also refer to the variety of literature on parenthood. This Website also provides for the End User to share important and wonderful information with 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 understand the beautiful pains and challenges a mother goes through while taking care of her baby, HENCE US!
5. Provision of Services
You agree and acknowledge that Firstcry 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 Firstcry is entitled to provide services to you through subsidiaries or affiliated entities.
6. Membership Eligibility
Use of the Site is available only to persons who can form legally binding contracts under the applicable laws. Persons who are “incompetent to contract” within the meaning of the laws applicable to them in their respective jurisdiction including un-discharged insolvents, persons aged below 18 years, etc. are not eligible to use the Site. Access to certain areas and/or content of the Website, or the entire Website, may be restricted as per the discretion of Firstcry.
Firstcry reserves the right to terminate your membership and refuse to provide you with access to the Website if Firstcry discovers that you are under the age of 18 years or otherwise not capable of forming binding contracts. In case of usage by a body corporate or a business entity, you represent that you have the necessary authority to bind the body corporate or entity (irrespective of the form of organization) to these Terms. Unless otherwise specified, the materials on this Website are directed solely at those who access this Website from Middle East and North Africa (MENA) region. Firstcry makes no representation that any products or services referred to on this Website are appropriate for use. Availability of the products or services in the region/ area of use would have to be determined by the End User and Firstcry shall have no liability in case of non- availability. Those who choose to access the Website from outside MENA region are responsible for compliance with local laws, if and to the extent applicable.
7. Account and Registration
It is the End 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 shall not be liable to any person for any loss or damage which may arise as a result of any failure by the End User to protect the account details or the password or breach of security by a third party, if any. In case of any suspected breach, please contact us immediately. If Firstcry has reason to believe that there is likely to be a breach of security or misuse of the Website, we may require you to change your password or we may suspend your account. In such circumstances, you shall not hold Firstcry liable, for monetary or other damages, losses, etc., in any manner whatsoever.
You also agree to:
Provide true, accurate, current and complete information about yourself as prompted by the Website during the registration process (such information being the “Registration Data”).
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 and if Firstcry has reasonable grounds to suspect that such information is untrue, inaccurate, incomplete and not current or not in accordance with the Terms, or if in the opinion of Firstcry, your use of the Website breaches the terms of the applicable laws, or the rights of any person(s), or is detrimental in any way, Firstcry will have the right to indefinitely suspend or terminate your membership and refuse to provide you with access to the Website. In such circumstances, you shall not hold Firstcry liable, for monetary or other damages, losses, etc., in any manner whatsoever.
Provide your consent in authenticating your account with mobile based authentication system by providing your mobile number and One Time Password (OTP) data for the purpose of logging in the Website.
Use the services provided by Firstcry, its affiliates, consultants and contracted companies, for lawful purposes only and comply with all applicable laws and regulations while using the Website and/ or transacting on the Website.
Use your best and prudent judgment before entering into any transaction through the Website, doing so at your sole risk.
8. Disclosure of Account Information
You authorize Firstcry to disclose necessary information that you have provided to third parties, or information that Firstcry has obtained about your account: (i) to agents of Firstcry 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.
9. Purposes of Data Collection
10. External Links
End Users shall not submit, post, or otherwise make available to or through the Website any information that:
is unlawful, harassing, defamatory, abusive, threatening, obscene, harmful, tortious, libelous, vulgar, or otherwise objectionable;
infringes or violates any party’s copyright, trademark, trade secret, patent or other proprietary right;
encourages conduct that results in civil liability or otherwise breaches any relevant laws, regulations or code of practice or constitutes a criminal offence;
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 Website 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 Website or servers or networks connected to the Website;
Interfere with any other person’s use or enjoyment of the Website;
Electronically stalk or otherwise harass another user;
engage in any activities that would violate the personal privacy rights of others, including but not limited to collecting and distributing information about other users without their permission, except as permitted by applicable laws; or
Use the Website in breach or violation of any applicable laws or regulations, or any rules or guidelines established by Firstcry or these Terms.
13. Electronic Communications
When you visit the Website 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 Website. You hereby agree that all notices, declarations, disclaimers, agreements and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
14. No Doctor – Patient Relationship
Use of the Website does not establish or create a doctor–patient relationship. This Website is not designed to facilitate medical emergencies.
Please note that some of the content, text, data, graphics, images, information, suggestions, guidance, and other material (collectively, “Information”) that may be available on the Website (including information provided in direct response to your questions or postings) may be provided by individuals in the medical profession. The Information provided herein should not be treated as medical advice. The Information is provided for reference and educational purposes only and is not meant to be complete or exhaustive or to be applicable to any specific individual’s medical condition. Firstcry 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. The Information on the Website is provided without any representations or warranties, express or implied.
You must not rely on the Information on the Website as an alternative to medical advice from your doctor or other professional health care provider. If you have any specific questions about any medical matter, you should consult your doctor or other professional healthcare provider. 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 doctor or other professional healthcare provider and follow their advice without delay, regardless of anything read on this Website.
The Website includes interactive features that allow users to communicate with us. You accept and acknowledge that because of the limited nature of communication through the Website’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 Website.
15. Content on the Website
End User acknowledges that all discussions, ratings, comments, bulletin board service, chat rooms, parenting service and/or other message or communication facilities (including without limitation text, images, audio material, video material and audio-visual material) that the End User submits to this Website, for whatever purpose, is public and not private communication. Firstcry does not control or endorse the content, messages or information found in any of the above mentioned material, and, therefore, Firstcry specifically disclaims any liability concerning the Material and any actions resulting from End Users participation in any material, including any objectionable content. Generally, any material which End User posts to Firstcry is considered to be non-confidential and you grant to Firstcry 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 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 as confidential, that fact will be stated on those pages. Notwithstanding Firstcry’s rights under these Terms in relation to user content, Firstcry does not undertake to monitor and is not responsible for the submission of such content to, or the publication of such content on, this Website.
16. No Obligation to Pre-screen End User Content
Firstcry does not have any obligation to pre-screen, edit, or remove any content provided by End Users that is posted on or available through the Website. However, Firstcry may, at its sole discretion and for any reason, pre-screen, edit, refuse to accept, remove, or move any content.
The Website being an open forum for various discussions, the views, opinions and positions (including content in any form) expressed within End Users’ posts are those of the author and/ or End User alone. The accuracy, completeness and validity of any statements made within the Website are not guaranteed. We accept no liability for any errors, omissions or representations. The responsibility for the intellectual property rights of the content rests with the End User who has published such content and any liability with regards to infringement of intellectual property rights remains solely with the End User.
17. Intellectual Property Rights
Everything located on or in this Website, 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 WEBSITE OR ANY OF THE MICROSITES WITHOUT OUR EXPRESS WRITTEN PERMISSION IS STRICTLY PROHIBITED. Any violation of these Terms may result in a copyright, trademark or other intellectual property right infringement that may subject End User to civil and / or criminal penalties.
This Website and Microsites contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music, sound i.e. the entire contents of the Website is protected by various IP laws, as applicable. 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 and the copyright owner’s express permission is permitted. Where 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 Website or a website otherwise owned or operated in conjunction with Firstcry 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, unless otherwise stated. The content may not be sold, reproduced, or distributed without our written permission.
End User shall not upload, post or otherwise make available on this Website 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 shall not have any express burden or responsibility to provide the End User with indications, markings or anything else that may aid the 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 intellectual property rights or any other harm resulting from such a submission. By submitting material to any public area of this Website, 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 user to access, view, store or reproduce the material for that user’s personal use. End User hereby grants us the right to edit, copy, publish and distribute any material made available on this Website by End User. We hereby reserve the right to deactivate or delete a user account of an 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, 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.
You agree to defend, indemnify and hold harmless Firstcry, 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 these Terms or arising out of your violation of any applicable laws, regulations including but not limited to infringement of Intellectual Property Rights, non- payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers. This clause shall survive the expiry or termination of these Terms.
We may terminate these Terms 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 these Terms. Our right to any comments and content shall survive any termination of these Terms. Any such termination of the Terms shall not cancel affect any liability that may have arisen under the Terms.
20. Limitation of Liability
The Website 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, we cannot accept responsibility, if this is not the case. We shall 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 website(s).
This clause constitutes an essential part of these Terms. To the fullest extent permitted under the applicable laws, Firstcry, its holding company, subsidiaries or affiliates shall not be liable for any indirect, incidental, special, consequential or exemplary damages arising out of or in connection with the Website, services provided herein or these Terms. 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 Website, or information, or any permanent or temporary cessation of the Website or access to information, or the deletion or corruption of any content or information, or the failure to store any content or information.
21. Site Security
You are prohibited from violating or attempting to violate the security of the Website, based on the applicable laws, 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 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 Website or any activity being conducted on this Website. 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 Website other than the search engine and search agents available from Firstcry on this Website and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer).
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 and/ or End User having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time. In such cases, it would be the End User’s sole responsibility to refer and comply with the terms and conditions of the payment gateway.
Accuracy and Timeliness: You understand and agree that your use of the Website is entirely at your own risk and that our services are provided “As Is” and “As Available”. Although we try to keep the information on the Website as accurate as possible, Firstcry disclaims any warranty, endorsements or representations concerning the accuracy, timeliness and completeness of content, information, material and any other warranty, express or implied, including warranties of merchantability or fitness for a particular purpose and warranties that access to or use of the Website will be uninterrupted or error-free or that defects in the Website will be corrected.
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 here under due to any cause beyond our control, including, without limitation, acts of the End User(s), embargo or other governmental act, regulation or request affecting the conduct of Firstcry ‘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.
Entire Agreement: These Terms and any operating rules for the Website established by Firstcry constitute the entire agreement of the parties with respect to the subject matter hereof. You may be subject to additional terms and conditions when you use, purchase or access other websites, services, affiliate services or third-party content or material. Unless otherwise stated in writing as additional terms and conditions which are product specific, these Terms supersede all previous representations, understandings or agreements and shall prevail notwithstanding any variance with any other terms of any order submitted.
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 these Terms shall not be deemed a waiver or forfeiture of such rights or any other rights provided hereunder.
Headings: The section headings used herein are for convenience only and shall be of no legal force or effect.
Severability: If any provision of these Terms is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in these Terms and the remaining portions of these Terms shall continue in full force and effect.
Governing Law: This Agreement will be governed by laws of the United Arab Emirates as applicable in Dubai.
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 Firstcry to resolve any legal matter arising from these Terms or related to your use of the Website. If the court of law having jurisdiction, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms and the remaining Terms will continue to be valid.