Terms And Condition-Baby 360 | Baby 360 Degrees

Returns and Refunds

Baby360Degrees offers no returns or refunds once a course or service has been purchased.

Membership Clauses

You represent and warrant that you are at least eighteen years of age and that you possess the legal right and ability to enter into agreements pertaining to Terms of Use, register for the Baby360degrees Services under your own name and use the Baby360degrees Services in accordance with the Terms of Use and abide by the obligations hereunder. You are solely responsible for maintaining the confidentiality of your password and for all activities carried out under your Baby360degrees account. You agree to prohibit anyone else from using your password and immediately notify Baby360degrees of any unauthorized use of your password or other security concerns you may be aware of.

Right to Modify Terms of Service

Baby360degrees reserves the right to modify the Terms of Service periodically, for any reason, and without notice. Please review this Agreement often so that you are apprised of any changes made to this page. The Consumer agrees that, during the period of this Agreement, we may revise the Terms and Conditions, and change the services provided under this Agreement. Any such revision or change will be binding and effective immediately on release of the revised Agreement or change to the Service(s) on our website. Unless we expressly notify otherwise, these terms incorporate and supersede any other terms associated with the Services. Baby360degrees has the right to discontinue service, or deny access to anyone who violates our policies or the terms and conditions stated herein, without prior notice or warning.

Scope of Services

Baby360degrees.in is a platform that facilitates the interaction between users/customers and Participating Professionals/Organizations. Baby360degrees offers several services including internet/telephone/ email based and webcam-enabled consultations with professionals along with a supporting Consumer service. Baby360degrees may add or discontinue any service in the future for any reason and without notice. Baby360degrees is a counseling service and does not provide medical guidance. Baby360degrees will put the best effort possible to educate the user/customer but does not guarantee that a web-based consultation, tele-consultation or video consultation is the appropriate course of treatment. You agree to contact your primary care physician immediately for any health / medical related concerns. The Services are offered on an “as is” basis and used by the Consumer solely at his or her own risk. All information provided by the Consumer in connection with the Services shall be used to provide services and features to the Consumer. Baby360degrees shall make no effort to validate any information provided by the Consumer for use in Services with respect to content, correctness or usability. Use of Baby360degrees Services requires basic familiarity with the Internet and World Wide Web. The Consumer is expected to possess the necessary internet-usage skills and knowledge to avail Baby360degrees Services. The Site is not intended to be used to treat a medical emergency. For any medical emergency, immediately contact your primary care physician.

Right to Operational Functionality

Baby360degrees reserves complete and sole discretion with respect to the operation of the Baby360degrees Services. Baby360degrees may, among other things withdraw, suspend or discontinue any functionality or feature of the Baby360degrees Services.

Supplementary Communication and its Limitations

Baby360degrees may send you newsletters and other information regarding common medical and health-related topics or preventive care messages containing specific medical and health related information, links to other related websites and specific questions related to your Baby360degrees Record. Additionally, Baby360degrees makes available self-care informational services that provide general, medical and health information. These communications and resources are not comprehensive medical text and do not include complete potential information pertaining to the subject matter. These communications and resources are solely meant for general, educational and informational purposes and should not be relied upon as a substitute for patient-specific medical diagnosis and treatment or construed, directly or indirectly as the practice of medicine or dispensing of medical services by Baby360degrees. Such information is not a substitute for consulting an appropriate healthcare professional for medical treatment. The information contained in these communications and resources is compiled from a variety of sources and may or may not be authored by Baby360degrees. Baby360degrees makes no warranty with respect to the content of these materials or the information contained therein. No medications, diet supplements or treatments as may be described on this Website should be taken or begun without first consulting your physician or other healthcare provider. Reliance on any information provided by any professional through the Site, Baby360degrees, or other visitors to the Site is solely at your own risk. Record of Consumer Information As part of the signing up process, you are required to provide us with certain information. Additionally, it is the Consumer’s responsibility to update Baby360degrees, as promptly as possible with any changes in the information so that all records are current, complete and accurate. At any given time, you may be notified that time-sensitive information such as medical information, diagnosis, lab results, etc may need to be reviewed. Such a notification of urgent information review will be sent to the e-mail address provided by you in the records. Please keep this in mind when determining which e-mail address you offer as a contact point. You are obliged to furnish the following information:

Changes in e-mail address
Change of address
Change of phone number
Change of ownership of account, etc.

Etiquette and Privacy

The network resources of Baby360degrees may not be used to impersonate another person or misrepresent authorization to act on behalf of others or Baby360degrees. All messages transmitted via Baby360degrees should correctly identify the sender. The Consumer may not alter the attribution of origin in electronic mail messages or while posting any information. The Consumer shall not attempt to undermine the security or integrity of computing systems or networks of Baby360degrees, its partners, or those accessed through or with their product, and must not attempt to gain unauthorized access. All Consumer-specific information provided by the Consumer in connection with Services shall be governed by the Baby360degrees Privacy terms. As part of these Terms and Conditions, the Consumer understands, has read and accepts all Terms and Conditions contained within the Baby360degrees Privacy Policy. Baby360degrees reserves the right to terminate any account that does not include a valid email address on file. This email address must be stored in the profile for the Consumer’s account on the Baby360degrees system. If Baby360degrees or the Healthcare professional in charge of the client feels there is inappropriate/unacceptable conduct, intent or behavior (violence, threat, verbal/physical abuse) on the part of the client or in the event of any breach of this agreement by the client or feels that the client has no obvious need to utilize these services. The client will be informed about the reasons for termination.

Use of services

As Consumer, you agree that your use of our Services is solely at your own risk. You agree that such service(s) is/are provided on an “as is” and “as available” basis. Baby360degrees expressly disclaims all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Baby360degrees makes no warranty that the Services will meet your requirements, or that the Service(s) will be uninterrupted, timely, secure, or error free. This includes loss of data resulting from delays or any service interruption caused by Baby360degrees employees. Baby360degrees is not responsible for transmission errors, corruption or compromise of data caused while sharing it through local, internet or telecommunication carriers.

Service Reliability and Warranties

Baby360degrees makes no warranties or representations of any kind, express or implied, for the Services. Consumer’s use of Baby360degrees Services is at his or her sole risk. Neither Baby360degrees, its employees, directors, affiliates, agents, third party information providers, merchants licensers or the like, warrant that Baby360degrees Services will not be interrupted or error free, nor do they make any warranty as to the results that may be obtained from the use of the services or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the Baby360degrees Services, unless otherwise expressly stated in this Agreement. Baby360degrees also disclaims any warranty of merchantability or fitness for any particular purpose and will not be responsible for any damages that may be suffered by the Consumer, or viewers and Consumers of the Consumer’s materials, including loss of data resulting from delays, non-delivery or service interruptions by any cause of errors or omissions of Baby360degrees. Use of any information obtained by way of Baby360degrees is at the Consumer’s own risk, and Baby360degrees specifically denies any responsibility for the accuracy or quality of information obtained through its services.

Disclaimers

You acknowledge that your use of the Baby360degrees Services is solely at your own risk, and that you assume full responsibility for all risks associated therewith. All information, products or services contained on or provided through this website are provided “as is”, without any warranty of any kind, express or implied, to the fullest extent permissible under applicable law. Baby360degrees and its shareholders, affiliates, directors, officers, managers, employees or other representatives (collectively, “affiliates”) hereby disclaim all representations and warranties, express or implied, statutory or otherwise, including but not limited to warranties of merchantability, fitness for a particular purpose, title, non-infringement and freedom from computer virus strains. Without limiting the foregoing, Baby360degrees and its affiliates make no warranty as to the reliability, accuracy, timeliness, usefulness, adequacy, completeness or suitability of the Baby360degrees products and services provided hereunder. Baby360degrees makes no representations or warranties about: the satisfaction of government regulations requiring disclosure of information on prescription drug products, or any treatment, action or application or preparation of medication based on information offered or provided through the Baby360degrees Services. Please consult your physician for a formal prescription before using any of the suggested drugs/medications. Baby360degrees will take all necessary precautions to protect itself against failure of our equipment and our software. The Consumer acknowledges and agrees that temporary interruptions in service may occur, and that Baby360degrees shall have no liability for any claim, cost, charge, loss or expense arising from or relating to use of the Services. The Consumer acknowledges and agrees that data may be lost or corrupted in connection with use of the Services. Baby360degrees may perform regular back-ups of all data stored, but shall have no liability to the Consumer in the event all data is lost or destroyed. The Consumer acknowledges and agrees that in the event restoration of data from backup is necessary, it may take several days to complete such restoration of data and resume operation of the services.

Protection of Proprietary Information of Baby360degrees

You agree that the Services, which include all software and documentation, both electronic and printed media, contain copyrighted material, trade secrets, patent related material and other proprietary intellectual property and are the proprietary property of Baby360degrees. They are protected by copyright, trade secret, patent laws and other proprietary rights and laws, and they may only be used or accessed as specifically provided for, in this Agreement. You agree that you will not store, copy, modify, rent, lease, loan, sell, distribute, transfer, transmit, display, reverse-engineer, reverse-assemble, or otherwise attempt to discover any programming code or any source code used in or with the Services. You may not sell, assign, sublicense, grant a security interest in or otherwise attempt to transfer any right in the Services (which includes its software and documentation), create derivative works based on it or in any manner commercially exploit the Services in whole or in part. You agree that violations by you, any other person or entity, of these copyrights, trade secrets, patents, other intellectual property protections or the terms of this Agreement will be prosecuted to the fullest extent possible under the law in the courts located in Bangalore. The final choice of whether the Consumer is in violation of any of these policies is at the sole discretion of Baby360degrees.

Grant of Temporary License Use

Only for the duration of being logged into the Consumer’s valid Baby360degrees account, the Consumer is hereby granted a non-exclusive, non-transferable temporary license, subject to the terms and qualifications of this Agreement. A valid Baby360degrees account may only be created and maintained by a Consumer who fully provides valid personal information about the Consumer (himself) in the signup process. To maintain a valid account, the Consumer must regularly update such information to assure its accuracy, and the Consumer must always comply with the terms of this Agreement. The Consumer is not granted a license or any other right to store any of the Services (including any portion of the software or documentation) on any computer or other device, or copy or otherwise use such information to create derivative works.

Comments, Suggestions and Submissions

Baby360degrees welcomes comments, suggestions and submissions by its Consumers. Any comments, suggestions and submissions made by the Consumers, including but not limited to messages, notes, feedback, artwork, communications, computer code or creative materials provided to Baby360degrees shall become the exclusive property of Baby360degrees. At the time the comment, suggestion, and/or submission is made it shall act as a full assignment to Baby360degrees of all rights whatsoever (copyright, patentability, and intellectual property). Baby360degrees shall have the right to use the said comment, suggestion, and/or submission as its own for all legal purposes including but not limited to reproduction, disclosure, publishing, distribution and the like without any compensation to the Consumer.

Indemnification

The Consumer agrees to release, indemnify, and hold Baby360degrees, its contractors, agents, employees, officers, directors and affiliates harmless from all liabilities, claims and expenses, including attorney’s fees, fees of third parties relating to or arising under this Agreement, the Services provided hereunder or your use of the Services, including without limitation, infringement by you or someone else using the service with your computer, of any intellectual property or other proprietary right of any person or entity, or from the violation of any of our operating rules or policy relating to the Service(s) provided. When we are threatened with suit by a third party, we may seek written assurances from you concerning your promise to indemnify us; your failure to provide those assurances may be considered by us to be a breach of your agreement and may result in deactivation of your service(s) with immediate effect. The Consumer shall defend, indemnify, save and hold Baby360degrees including (its agents, its clients, its servants, officers, directors and employees) harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys’ fees, (“Liabilities”) asserted against them, that may arise or result from the Consumer’s violation of any of the Terms and Conditions stated herein. The Consumer shall defend, indemnify and hold harmless Baby360degrees including (its agents, its clients, its servants, officers, directors and employees) against any and all Liabilities caused directly or indirectly by the Consumer or any person whom the Consumer allows to access the Services. Under no circumstances, including negligence, shall Baby360degrees including ( its agents, its clients, its servants, officers, directors and employees) or anyone else involved in creating, producing or distributing Baby360degrees Services be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use Baby360degrees Services, or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to Baby360degrees records, programs or services. This paragraph shall apply to all content and functionality of Baby360degrees Services. Notwithstanding the above, the Consumer’s exclusive remedies for all damages, losses and causes of actions whether in contract, tort, including negligence or otherwise, shall not exceed the aggregate dollar amount which the Consumer paid directly to Baby360degrees during the current month. Such limitations shall apply to Baby360degrees total liability, including without limitation any liability for damages caused or allegedly caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation of transmission, communications failure, theft of destruction of or unauthorized access to, alteration of, or use of records, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action. In no event shall Baby360degrees nor any of its affiliates be liable for any direct damages in excess of the purchase price for the product. In addition, to the maximum extent permitted by law, in no event shall Baby360degrees nor any of its affiliates be liable for any special, punitive, indirect, incidental or consequential damages, including but not limited to personal injury, wrongful death, loss of use, loss of profits, interruption of service or loss of data, whether in any action in warranty, contract, tort (including, but not limited to negligence or fundamental breach), or otherwise arising out of or in any way connected with the use of, or the inability to use, this website or any service offered through this website or any material or information contained in, accessed through, or products purchased on this website, even if an authorized representative of Baby360degrees is advised of the likelihood or possibility of the same. To the extent certain jursidictions restrict any of the above limitations of liability, such limitations shall not apply in such jurisdictions to the extent of such restrictions.

Third Party Protection

The indemnification and disclaimers provisions set forth above are for the benefit of Baby360degrees and its affiliates. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you, the Consumer on its own behalf.

Service term

The Terms of Use shall commence upon the date you complete the registration process with Baby360degrees. Either you or Baby360degrees may terminate this Terms of Use and your right to use the Baby360degrees Services at any time, with or without cause. This Terms of Use and the licenses granted hereunder shall be terminated without notice in the event you (or any authorized person using your account) fail to comply with the Terms and Conditions of this Terms of Use or the rules for use of the Baby360degrees service promulgated by Baby360degrees from time to time. Upon any termination, you will destroy all copies of Baby360degrees materials in your possession and cease any access to or use of the Baby360degrees Services. In the event the Consumer enters into an annual contract, the Consumer agrees to a twelve (12) month contract agreement with Baby360degrees.

Non-transferable right to use the Services

Your right to use the Services is not transferable. Any password or right given to you to obtain information or documents from the site is not transferable. Baby360degrees may freely transfer, assign or delegate all or any part of this Terms of Use, and any rights and duties hereunder. This Terms of Use will be binding upon and inure to the benefit of the heirs, successors and permitted assignees of the parties.

Fees

The Consumer agrees to pay course / consultation fee, pursuant to the schedule of memberships and fees set forth on the Baby360degrees website at the time of booking the service. As further consideration for the services, the Consumer agrees to provide certain current, complete and accurate information about him or her as required by the sign-up for cervices and maintain and update this information as needed, to keep it as current, complete and accurate as possible. By completing and submitting the sign-up form, the Consumer represents that the statements in his or her application are true and accurate. Baby360degrees reserves the right to modify its pricing structure at any time and implement the new price structure at any time prior to billing the Consumer for his or her initial payment or for future payments that are due pursuant to this Agreement.

Refund Policy

All Fees paid are non-refundable. Online preprepared modules have to be used within the assigned validity period. Group classes and personal consultations should be rescheduled 48 hours in advance. After this there will be no refund or reschduling permitted. The reschduling request should be placed in writing via email to support@baby360degrees.com with subject line clearly mentioning the word “Reschedule”. The email must clearly state the clients name, booking reference number, appointment date and time and reason for reschdule request. Clients must log in atleast 15 minutes prior to the appointment time and ensure an undistrubed background for the duration of the session.

Liability

Notwithstanding anything else to the contrary contained elsewhere herein or otherwise at law, Baby360degrees liability hereunder (whether by way of indemnification to you or otherwise) shall be restricted to a maximum of INR 1000 (Indian Rupees One Thousand only).

Privacy

Baby360degrees consults are private sessions between the clients and the consultants. No confidential client data will be shared with a third party. Baby360degrees will not be liable for any Internet breach caused out of its control. Baby360degrees will not be liable for any information shared by clients on open forums / discussion boards / group sessions. Clients will ensure that they do not share personal information of other clients which have been shared on open forums / discussion boards / group sessions.

International Site Access

Access to the Site and Content may not be legal by certain persons or in certain states or countries. If you access the Site from outside India, you do so at your own risk and are responsible for compliance with the jurisdiction of India. Provisions relating to the liability of Baby360degrees and its licensors, Indemnity, Jurisdiction, and Complete Agreement, survive the expiration or termination of these Terms of Use for any reason whatsoever. Baby360degrees makes no claim that the contents of the Site, such as text, graphics, images and information obtained from service providers and any other material contained on the Site (the “Content”) is appropriate or may be downloaded in a particular jurisdiction.

Jurisdiction

This Agreement constitutes the entire understanding of the parties, and is agreed to being entered into within the jurisdiction of Bangalore, without giving effect to any choice of law rules or principles. This Agreement shall be governed and construed in accordance with the laws of Bangalore and no party shall object to removal or prosecution of any litigation to a state court within Bangalore. Any cause of action or claim you may have with respect to Baby360degrees must be commenced within one (1) year after it arises, except to the extent such litigation is not enforceable. To the fullest extent permitted by law, each party to this Terms of Use waives its or his or her right to a jury trial with respect to any dispute or other controversy arising from hereunder or your use of or access to the Baby360degrees Services or website. This Agreement shall be governed by and shall be construed in accordance with the laws of the Republic of India and any dispute shall exclusively be subject to the jurisdiction of the appropriate Courts situated at Bangalore, Karnataka, India.

Waiver

Failure to exercise or delay in exercising any right hereunder, or failure to insist upon or enforce strict performance of any provision of this Terms of Use, shall not be considered waiver thereof, which can only be made by signed writing. No single waiver shall be considered a continuing or permanent waiver.

Severability

The provisions of this Terms of Use are severable, and in the event any provision hereof is determined to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining provisions, but such a provision shall be reformed, if reasonably possible, only to the extent necessary to make it enforceable.

Baby360degrees hereby grants you a limited, revocable, non-transferable and non-exclusive license limited solely to viewing or downloading a single copy of the material on the Baby360degrees web site and to use the Baby360degrees software to the extent necessary to use the Baby360degrees Services solely for your personal, non-commercial use. With the exception of your medical records, Baby360degrees retains all rights, titles and interests pertaining to Baby360degrees, the Baby360degrees Services and any content, products, documentation, software or other materials on the Baby360degrees web site along with any patent, copyright, trade secret, trademark, service mark or other intellectual property or proprietary right in any of the foregoing. The information available through the Baby360degrees Services is the sole property of Baby360degrees. You agree not to reproduce, retransmit, reassemble, reverse-engineer, distribute, disseminate, sell, publish, broadcast, or circulate the information owned by Baby360degrees received through the Baby360degrees Services to anyone, including but not limited to others in your organization. Use, reproduction, copying or redistribution of the Baby360degrees logos is strictly prohibited without written permission from Baby360degrees. The content, organization, design, graphics and other matters related to the services are protected under applicable copyrights, trademarks and other proprietary rights. Baby360degrees shall retain all rights, title and interest in and to all of the information, content, data, designs, materials and copyrights, patent rights, trademark rights and other proprietary rights thereto provided by it pursuant to this Agreement, including but not limited to Consumers. Except as expressly provided herein, no other right or license with respect to any copyrights, patent rights, trademark rights or other proprietary rights are granted under this agreement. All rights not expressly granted hereunder by Baby360degrees are expressly reserved to Baby360degrees and its licensors and information and content providers.

Relationship of Parties

The parties hereto expressly understand and agree that Consumer is the Consumer. Neither party, nor its agents or employees, are the representatives of the other party, for any purpose and neither party has the power or authority as agent, employee or in any other capacity to represent, act for, bind or otherwise create or assume any obligation on behalf of the other party for any purpose whatsoever.

Compliance with Anti-Spamming Laws

Baby360degrees has zero-tolerance for unsolicited bulk email, unsolicited posting to news groups or other illegal activities. The Consumer shall not infringe upon the rights of others, distribute chain letters or unsolicited bulk electronic mail (“spamming”), propagate computer worms or viruses, use a false identity, attempt to gain unauthorized entry to any site or network, infringe copyrights, trademarks, or other intellectual property rights. The Consumer agrees to indemnify and hold Baby360degrees harmless for any and all acts found or suspected to be in violation hereof. The Consumer shall indemnify and hold Baby360degrees harmless against and from losses, damages, costs, and reasonable attorneys’ fees, if any, incurred in defending and/or resolving any suits brought against Baby360degrees or any of its employees, shareholders or officers, arising from any claims, by anyone arising out of an alleged violation of any anti-spamming rules, regulations, laws, statutes, and the like. The Consumer’s account will be terminated for any of the above infractions. By accepting this agreement you are holding Baby360degrees harmless for any and all of these actions and agree to the policies as so stated.

Termination and Survival

Baby360degrees may terminate Services at any time, without penalty and without notice, if the Consumer fails to comply with any of the terms of this Agreement or the intellectual property protections applicable to these Services. Baby360degrees may also seek legal prosecution of any violations of law or this Agreement and the Consumer agrees to personal jurisdiction by the Courts within the jurisdiction of Bangalore. Upon notice of termination of Services by Baby360degrees to Consumer via contact e-mail to Consumer’s Services account and contact e-mail account provided in Consumer’s personal information, or voluntary termination of service by the Consumer, Baby360degrees has the right to delete all data, files, or other information that is stored in the Consumer’s account for any reason. The Indemnification, Copyright, Jurisdiction, Warranty, Network Security, Compliance with Anti-Spamming Laws and Privacy terms and conditions stated herein shall survive termination of this Agreement.

Notice

Baby360degrees may provide notice to you, the Consumer, by e-mail to the e-mail address provided by you during registration, by a general notice on the Baby360degrees Web site, or by written communication delivered by mail or express courier to your address on record in the Baby360degrees account information. You may give notice to Baby360degrees at any time via electronic mail to support@Baby360degrees.in or by letter delivered by mail or courier marked to the Customer Service Dept., Baby360degrees 11A Sanjukta Apartments, Off SV Road, Bandra W, Mumbai – 400050.

Entire Agreement

These Terms of Use, together with the privacy policy, payment and refund policy appearing in Privacy Policy, Payment and Refund Policy at Baby360degrees web portal(Baby360degrees.in) , represent the complete agreement between you and Baby360degrees concerning the subject matter hereof, and it replaces all prior oral or written communications (if any) concerning such subject matter.