Terms of Use

Effective Date: [September 7, 2023]

Welcome to http://www.bebe-foodie.com These Terms of Use (the “Terms”) govern your access and use of the website (www.bebe-foodie.com) and the services we provide through the website and our application (collectively, the “Services”). By continuing to browse, access and use our Services, you acknowledge and accept the terms and conditions set out below. If you do not accept, you must cease access to and use of our Services immediately.

If you choose to accept these Terms, you must do so as it is presented to you – no changes will be accepted by us. If any future changes are unacceptable to you, you should discontinue using the Services. Your continued use of the Services now, or following the posting of any such changes, will indicate your acceptance of these Terms, and of any such changes.

IMPORTANT: NOT THE PRACTICE OF MEDICINE. THE SERVICES AND THE BEBE FOODIE CONTENT ARE PROVIDED SOLELY FOR INFORMATIONAL AND/OR EDUCATIONAL PURPOSES. THE SERVICES AND THE BEBE FOODIE CONTENT DO NOT CONSTITUTE THE PRACTICE OF MEDICINE OR ANY MEDICAL, NURSING, OR OTHER PROFESSIONAL HEALTHCARE ADVICE, DIAGNOSIS OR TREATMENT. 

THE SERVICES SUGGEST NUTRITION AND OTHER DIETARY INFORMATION, FOR YOUR BABY.  THIS IS NOT PROFESSIONAL MEDICAL ADVICE, AND SHOULD NOT REPLACE PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT THE CONTENT ON THE SERVICES, YOU SHOULD ALWAYS CONSULT WITH A PEDIATRICIAN OR OTHER HEALTHCARE PROFESSIONAL. DO NOT DISREGARD, AVOID, OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTH CARE PROVIDER BECAUSE OF SOMETHING YOU MAY HAVE READ THROUGH THE SERVICES. THE USE AND RELIANCE ON ANY INFORMATION PROVIDED THROUGH THE SERVICES, OUR EMPLOYEES, GUESTS, OR VISITORS IS SOLELY AT YOUR OWN RISK. 

1. The Services. 

We provide you with access to our Services that provide nutrition and other dietary information for your baby. You may access our Services for your personal use only. The Services are intended for persons age 18 and older. If you are under 18 years of age, you must immediately discontinue use and make no further use of the Services. 

1. Changes. 

We reserve the right to modify, change, add or remove any part of these Terms, or any part of the Services and features, including price, at any time. Please review the Terms from time to time so you will be apprised of any changes. When we change the Terms in a material manner, we will update the “Effective Date” at the top of this page. Your continued use of the Services constitutes your acceptance of the new Terms. If you do not agree, do not use or continue to use the Services.

1. Privacy. 

Your privacy is important to us. Our Privacy Policy is incorporated by reference into these Terms. By accessing the Services, you agree that you are accepting our Privacy Policy.

1. Online Purchases

Certain portions of the Services may be offered under a paid membership model (the “Paid Services”) in accordance with the following terms:

1. Order Acceptance and Cancellation. Your order is an offer to buy or license, as applicable, the Services listed in your order. All orders must be accepted by us or we will not be obligated to provide the Services to you. We may choose not to accept any orders in our sole discretion.
2. Prices and Payment Terms. All prices posted on this website, or otherwise provided to you, are subject to change without notice. The price charged for a Service will be the price in effect at the time the order is placed. We use third-party payment processors to process payments for the Paid Services. Posted prices do not include taxes, if any are applicable. All such taxes will be added to your merchandise total. We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors. Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an order.
3. Subscription Services and Automatic Renewal. Certain Paid Services may be offered on a subscription basis (the “Subscription Services”) for a term of one (1) month (the “Initial Subscription Period”). When you purchase any of the Subscription Services, your purchase includes enrollment into an ongoing, recurring payment plan. Upon expiration of the Initial Subscription Period, your purchase shall automatically renew for an additional one (1) month term (each a “Renewal Period” and together with the Initial Subscription Period, the “Subscription Period”), unless cancelled in accordance Section 4(e) below. If the Subscription Period is renewed for any Renewal Period pursuant to this Section, the terms and conditions governing such Renewal Period shall be the same as the Terms in effect immediately prior to such Renewal Period, subject to any change in the fees payable hereunder. If you do not timely cancel your subscription, your Subscription Services will be renewed at the price in effect at the time of renewal, without any additional action by you, and you authorize us to charge your applicable payment method for these amounts. 
4. Returns and Refunds. All Services offered on or via the Website are non-returnable and non-refundable.

Cancellation of Subscription Services. You can cancel your Subscription Services at any time prior to the Renewal Period to avoid future charges by accessing your payment settings in your account. Cancellation will take effect at the end of the given Subscription Period. If you cancel your Subscription Services prior to the end of a Subscription Period, you will have continued access to the Subscription Services through the end of the Subscription Period. 

1. Intellectual Property. 

Proprietary Rights. You acknowledge and agree that the Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws, and, as between you and us, we alone (and our licensors, where applicable) own and retain all rights, title, and interest in and to the Site and Services and all related intellectual property rights. All trademarks appearing in the Services are trademarks of their respective owners. You do not acquire any rights of ownership whatsoever in or to the Services or Site. All rights not expressly granted to you under these Terms are reserved to us. 

Prohibitions on Use. Except as set forth herein, you may not use, or permit others to use, the Services. Without limiting the foregoing, you shall not, and shall not permit anyone else to, in whole or in part: (a) modify, translate, reverse engineer, decompile, disassemble (except to the extent that this restriction is expressly prohibited by law) or create derivative works based upon the Services; (b) copy the Services; (c) rent, lease, sell, offer to sell, distribute, or otherwise transfer rights to the Services; (d) develop, sell or distribute applications that integrate with the Services or otherwise make use of the Services; (e) remove any proprietary notices or labels on or relating to the Services; (f) violate any applicable local, state, national, or international law, rule or regulation; (g) use the Services in any manner that could damage, disable, overburden, or impair our servers or networks or interfere with any other user’s use and enjoyment of the Services; (h) gain or attempt to gain unauthorized access to any of the Services, accounts, computer systems or networks connected to us through hacking, password mining or any other means; or (i) use the Services in any manner that could damage, disparage, or otherwise negatively impact us or our licensors. You shall not circumvent or attempt to circumvent any security features of the Services. 

1.   Compliance with Law and Security. 

You agree to abide by all applicable local, state, national, and international laws and regulations including U.S. export and re-export control and economic sanction laws and regulations, with respect to your use of the Services. You also acknowledge and agree that your use of the internet and all access to and use of the Services is solely at your own risk. You should also understand that confidentiality of any communication or material transmitted to/from Services over the Internet or other communication network cannot be guaranteed. Accordingly, we are not responsible for the security of any information transmitted to or from the Services. 

If you have an account through our Services, you are responsible for maintaining the security and confidentiality of your account and password and you are responsible for the activities, whether by you or anyone else, that are conducted through your account. You must notify us immediately of any unauthorized use of your account or any other breach of security. We will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. You may be held liable for any losses incurred by us or another party due to someone else using your account or password. 

1. Disclaimer of Warranties. 

We provide the Services “as is”, “as available”, and without warranty of any kind. To the maximum extent permitted by law, we expressly disclaim any and all warranties, express, implied, or statutory regarding the Services, including, without limitation, any implied warranties of merchantability, fitness for a particular purpose, or noninfringement. We do not warrant and expressly disclaim that: (a) the Services will meet your requirements; (b) that the operation of the Services will be uninterrupted or error-free; (c) that any defects will be corrected; or (d) that any software, Services, or server(s) on which the Services are hosted are free of viruses or other harmful components. We make no warranties or guarantees that the information provided through the Services is accurate or complete and we are not responsible for any errors or omissions therein, or for the results obtained from the use of such information.

1. Limitation of Liability.

Waiver of certain damages. You expressly understand and agree that we, our directors, officers, employees, contractors, agents, sponsors, licensors and any other person involved in creating, developing, or delivering the services, shall not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or any other damages whatsoever, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if advised of the possibility of such damages), arising out of, or resulting from, (a) the use or the inability to use the Services; (b) the cost of procurement of substitute goods and services; (c) unauthorized access to or alteration of data; (d) statements or conduct of any third party; or (e) any other matter relating to the Services. 

LIMITATION ON DIRECT DAMAGES. In no event shall OUR total liability to YOU for all damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence), or otherwise) exceed One hundred Dollars ($100.00 USD). 

1. Third-Party Links. 

The Services may contain links to other websites, information or content provided by third parties. We do not operate or monitor these websites and content or approve the content that appears on these websites. By linking to a certain website, we do not endorse, or sponsor its content, or confirm its accuracy, credibility, authenticity, reliability, validity, integrity, or legality. We assume no responsibility for such third-party websites or content, or for any transactions made between user and such third-party websites. You acknowledge that we will not be liable, directly or indirectly, for any damage or loss caused or alleged to be cause by or in connection with your use of or reliance on any such content, goods or services available on or through any third-party websites or content.

1. Termination.

We may terminate your use of the Services without notice and for any reason. Termination, suspension, or cancellation of these Terms or your use of the Services shall not affect any right or relief to which we may be entitled at law or in equity.

1. Indemnification. 

You shall indemnify, defend, and hold harmless us, our affiliates, and our and their officers, directors, employees, stockholders, agents and representatives from any and all claims, liability, damages and/or costs (including, without limitation, reasonable attorneys’ fees and expenses) which arise directly or indirectly out of (a) your use of the Services; or (b) your violation of these Terms. 

1. Jurisdictional Issues. 

We make no representation or warranty that the content and materials on the Services are appropriate or available for use in locations outside the United States. Those who choose to access the Services from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent applicable. We reserve the right, at any time in our sole discretion, to limit the availability and accessibility of the Services to any person, geographic area or jurisdiction we so desire, and to limit the quantities of any such service or products that we provide.

1. Governing Law and Class Action / Jury Trial Waiver.

These Terms and any dispute arising out of or in connection with these Terms shall be governed by the laws of the State of New York without regard to its conflicts of law provisions. For all purposes of these Terms, the parties consent to exclusive jurisdiction and venue in the state or federal courts in New York City, New York. 

We each waive any right to a trial by jury or to participate in a class action or other representative proceeding of any kind. All legal notices must be sent to: 

contact@bebe-foodie.com

1. Miscellaneous.

If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, in whole or in part, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable. These Terms, including without limitation, any of the duties and obligations hereunder, may not be delegated or assigned, in whole or in part, by you. The provisions of these Terms are binding upon and inure to the benefit of the parties and their respective successors and permitted assigns. These Terms constitute the complete and exclusive statement of the mutual understanding of the parties with respect to the subject matter hereof and supersede and cancel all prior or contemporaneous written and oral agreements, communications and other understandings relating to the subject matter hereof. No agency, partnership, joint venture, or employment, whether express or implied, is created as a result of these Terms.