OHBABY! WEBSITE TERMS AND CONDITIONS

1. Acceptance of Terms

By accessing or using this website (the "Site"), you agree to be bound by these Terms and Conditions ("Terms"). If you do not agree to these Terms, please do not use the Site. These Terms apply to all visitors, users, and others who access or use the Site.

We reserve the right to update or modify these Terms at any time without prior notice. Your continued use of the Site following any changes constitutes your acceptance of the new Terms. It is your responsibility to check these Terms periodically for changes.

2. Use of the Site

2.1 Permitted Use

You may use the Site for lawful purposes only and in accordance with these Terms. You agree not to use the Site:

• In any way that violates any applicable local, national, or international law or regulation.
• To transmit any unsolicited or unauthorized advertising or promotional material.
• To impersonate or attempt to impersonate the company, an employee, another user, or any other person or entity.
• To engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Site.
• To attempt to gain unauthorized access to any part of the Site or its related systems.

2.2 User Accounts

If you create an account on the Site, you are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to terminate accounts at our discretion.

3. Intellectual Property

The Site and its entire contents, features, and functionality — including but not limited to all text, graphics, logos, images, audio clips, and software — are owned by us or our licensors and are protected by copyright, trademark, and other intellectual property laws.

You may not reproduce, distribute, modify, create derivative works of, publicly display, republish, download, store, or transmit any material from our Site without our prior written consent, except as follows:

• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing them.
• You may store files that are automatically cached by your web browser for display enhancement purposes.
• You may print or download one copy of a reasonable number of pages of the Site for your own personal, non-commercial use.

4. Disclaimer of Warranties

THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that:

• The Site will be uninterrupted, timely, secure, or error-free.
• The results obtained from use of the Site will be accurate or reliable.
• Any errors in the Site will be corrected.

Any content downloaded or otherwise obtained through the use of the Site is done at your own risk, and you will be solely responsible for any damage to your device or loss of data that results from such activities.

5. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES — INCLUDING LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES — ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE SITE.

Our total liability to you for any claim arising out of or relating to these Terms or your use of the Site shall not exceed the greater of (a) the amount you paid us in the twelve months prior to the claim, or (b) one hundred dollars ($100).

6. Third-Party Links

The Site may contain links to third-party websites or services that are not owned or controlled by us. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites. We strongly advise you to read the terms and conditions and privacy policy of any third-party site that you visit.

7. Privacy Policy

Your use of the Site is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand our practices regarding the collection, use, and disclosure of your personal information.

8. Indemnification

You agree to defend, indemnify, and hold us harmless — including our officers, directors, employees, contractors, agents, licensors, and service providers — from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Site.

9. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the applicable jurisdiction, without regard to its conflict of law provisions. Any legal action or proceeding arising under these Terms shall be brought exclusively in the courts located in the applicable jurisdiction, and you hereby consent to the personal jurisdiction and venue therein.

Any dispute arising out of or in connection with these Terms, including any question regarding its existence, validity, or termination, shall first be attempted to be resolved through good-faith negotiation between the parties.

10. Termination

We may terminate or suspend your access to the Site immediately, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination, your right to use the Site will immediately cease.

All provisions of these Terms which by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

11. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid or unenforceable provision shall be deemed modified to the minimum extent necessary to make it valid and enforceable.

12. Entire Agreement

These Terms, together with our Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire agreement between you and us regarding your use of the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties.

13. Contact Us

If you have any questions about these Terms and Conditions, please contact us at:

OHbaby! Ltd
info@ohbaby.co.nz