Welcome to WishBaby!
These are the terms and conditions for:
• WishBaby SaaS platform
By using the website, you agree to be bound by these terms and conditions and our privacy policy. In these terms and conditions, the words “platform” refers to the SaaS platform and the WishBaby website together, “we”, “us”, “our” and “WishBaby” refers to WishBaby and “you” and “user” refers to you, the WishBaby user.
The following terms and conditions apply to the website offered by WishBaby. This includes the mobile and tablet versions as well as any other version of WishBaby accessible via desktop, mobile, tablet, social media or other devices.
READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING OR OBTAINING ANY INFORMATION OR SERVICE FROM WISHBABY.
1. ACCEPTANCE OF TERMS
This agreement sets forth legally binding terms for your use of WishBaby. By using the website, you agree to be bound by this agreement. If you do not agree to the terms of this agreement, you must not use the website. We may modify this agreement from time to time, and such modification shall be effective upon posting on the website. You agree to be bound by any modifications to these terms and conditions when you use the website after such modification is posted on the website; therefore, it is important that you review this agreement regularly.
The website is available for all ages. It is the responsibility of parents and legal guardians to determine whether use of the website or any of the content available on the website is appropriate for their child or ward.
WishBaby may, in its sole discretion, refuse to offer the website to any entity or user and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the service and the website is revoked in such jurisdictions.
By using the website, you represent and warrant that you have the full right, power and authority to enter into this agreement and to fully perform all of your obligations hereunder. You further represent and warrant that you are under no legal disability or contractual restriction that prevents you from entering into this agreement.
2. ACCOUNT
When registering on the website, the user must choose a password and may be asked for additional information such as email address. You are responsible for maintaining the confidentiality of your password and account information, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify WishBaby of any unauthorised use of your password or account or any other breach of security, and (b) ensure that you log out of your account at the end of each session. You may never use another user’s account without WishBaby’ prior authorisation. WishBaby will not be liable for any loss or damage arising from your breach of this agreement.
Users can cancel their accounts at any time and for any reason through their user account settings or by sending us their request through our contact information. Such cancellation will only result in the deletion of the account and the deletion of all personal data provided to WishBaby.
WishBaby reserves the right to terminate your account or your access immediately, with or without notice, and without liability to you, if WishBaby believes that you have violated any of these terms, provided WishBaby with false or misleading information, or interfered with any other party’s use of the website or service.
3. NOTIFICATIONS AND NEWSLETTER
By providing WishBaby with your email address, you agree that we may use your email address to send you notifications, communications, news and special content. If you do not wish to receive these emails, you may opt-out of receiving them by sending us your request through our contact information or by using the “unsubscribe” option in the emails. Opting out may prevent you from receiving emails about WishBaby.
4. LICENSE TO USE THE PLATFORM
WishBaby gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the platform provided to you by WishBaby as part of the services. This licence is for the sole purpose of allowing the user to use the platform to create a free baby registry and to add the WishBaby button in the user’s browser for the purpose of adding items from different third party shops and e-commerce and to share this list with family and friends or interested third parties. provided by WishBaby, in the manner permitted by these terms and conditions. You may not copy, modify, distribute, sell, or lease any part of our services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions, or you have our written permission.
How it works
1. Register and create your free baby registry: Register for free and create a registry for your future baby.
2. Add the WishBaby button to your browser: The button allows the user to add items to his registry from any store.
3. Visit any shop you like: With just a few clicks the user can add any item from any shop to the list.
4. Share with friends and family: Keep your list private or share it with friends and family so they can buy it and give you the baby gifts you really want.
The user agrees not to use the platform and the services negligently, for fraudulent purposes or in an unlawful manner. Likewise, the user agrees not to partake in any conduct or action that could damage the image, interests, or rights of the WishBaby platform or third parties.
WishBaby reserves the right to terminate your access immediately, with or without notice, and without liability to you, if WishBaby believes that you have violated any of these terms or interfered with the use of the platform or service by others.
5. AFFILIATE CONTENT
Through the use of the platform, WishBaby may offer affiliate content to third party websites offering different products. WishBaby is not responsible for examining or evaluating, and does not guarantee or claim any liability for the products displayed on these third-party websites or through the use of the platform. The user should carefully review the general policies and other terms and conditions before purchasing products on third party websites. WishBaby is not responsible for products offered by third parties that may appear through affiliate content. Please note that the content displayed on the website is provided for general information purposes only and that the final decision to purchase products added to the user’s list and provided by third parties is the sole and exclusive responsibility of the user. Through the affiliate content, WishBaby may receive some financial compensation, each time users purchase the products displayed through the use of the platform.
WishBaby has no control over the business practices of third parties, nor does WishBaby control in any way the quality, safety or legality of the products displayed through the use of the platform, nor the business transactions that occur as a result of the purchase of the products displayed through the use of the platform. The purchase of products through affiliate content available through the use of the platform is done at your own risk and responsibility.
6. DISCLAIMER
By visiting the website and accessing the content available on the website, you accept personal responsibility for accessing the services displayed as general information in the content. You agree that WishBaby does not guarantee the results of actions advised or not advised by this website and the content available on the website. WishBaby provides content solely and exclusively for informational purposes. Any gains or losses that users may obtain or suffer by accessing the services displayed through the content available on the website, is the sole and exclusive responsibility of the users. This disclaimer is not intended to exclude any warranty implied by law which cannot be lawfully excluded.
7. COPYRIGHT
All materials on WishBaby, including, without limitation, names, logos, trademarks, images, text, columns, graphics, videos, photographs, illustrations, software and other elements are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by WishBaby or by third parties that have licensed or otherwise provided their material to the website. You acknowledge and agree that all materials on WishBaby are made available for limited, non-commercial, personal use only. Except as specifically provided herein. No material may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without WishBaby prior express written permission. You may not add, delete, distort, or otherwise modify the material. Any unauthorised attempt to modify any material, to defeat or circumvent any security features, or to utilise WishBaby or any part of the material for any purpose other than its intended purposes is strictly prohibited.
8. COPYRIGHT INFRINGEMENT
WishBaby will respond to all enquiries, complaints and claims relating to alleged infringement by breach or violation of the provisions contained in international copyright and intellectual property laws and regulations. WishBaby respects the intellectual property of others and expects users to do the same. If you believe, in good faith, that any material provided on the WishBaby platform infringes your copyright or other intellectual property rights, please submit your request via our contact information, with the following information:
• Identification of the intellectual property right that is allegedly infringed. All relevant registration numbers or a statement regarding ownership of the work should be included.
• A statement that specifically identifies the location of the infringing material, in sufficient detail so that WishBaby can find it on the website.
• Your name, address, telephone number and email address.
• A statement by you that you have a good faith belief that the use of the allegedly infringing material is not authorised by the copyright owner, or its agents, or by law.
• A statement by you, made under penalty of perjury, that the information in your notification is accurate, and that you are the copyright owner or authorised to act on its behalf.
• An electronic or physical signature of the copyright owner or of the person authorised to act on the copyright owner’s behalf.
9. PERSONAL DATA
Any personal information you post or submit in connection with the use of the website will be used in accordance with our privacy policy. By using the website, you agree that we may collect and store your personal information. Please see our privacy policy.
10. PROHIBITED ACTIVITIES
The content and information available on the website (including, but not limited to, data, information, text, music, sound, photos, graphics, video, maps, icons or other material), as well as the infrastructure used to provide such Content and information, is proprietary to WishBaby or licensed to the WishBaby by third parties. For all content other than your content, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information or software obtained from or through the website. In addition, the following activities are prohibited:
• Access, monitor, reproduce, distribute, transmit, broadcast, display, sell, license, copy or otherwise exploit any content of the website, including but not limited to, using any robot, spider, scraper or other automated means or any manual process for any purpose not in accordance with this agreement or without our express written permission.
• Violate the restrictions in any robot exclusion headers on the website or bypass or circumvent other measures employed to prevent or limit access to the website.
• Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure.
• Deep-link to any portion of the website for any purpose without our express written permission.
• “Frame”, “mirror” or otherwise incorporate any part of the website into any other websites or service without our prior written authorisation.
• Attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by WishBaby.
• Circumvent, disable or otherwise interfere with security-related features of the website.
11. DISCLAIMER OF WARRANTIES
Because of the nature of the Internet WishBaby provides and maintains the website on an “as is”, “as available” basis and makes no promise that use of the website will be uninterrupted or entirely error free. We are not responsible to you if we are unable to provide our website for any reason beyond our control.
Our website may from time to time contain links to other websites which are not under the control of and are not maintained by us. These links are provided for your convenience only and we are not responsible for the content of those sites.
Except as provided above we can give no other warranties, conditions or other terms, express or implied, statutory or otherwise and all such terms are hereby excluded to the maximum extent permitted by law.
You will be responsible for any breach of these terms by you and if you use the website in breach of these terms you will be liable to and will reimburse WishBaby for any loss or damage caused as a result.
WishBaby will not be liable in any amount for failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unforeseen event beyond its reasonable control including without limitation Internet outages, communications outages, fire, flood, war or act of God.
These terms do not affect your statutory rights as a consumer which are available to you. Subject as aforesaid, to the maximum extent permitted by law, WishBaby excludes liability for any loss or damage of any kind howsoever arising, including without limitation any direct, indirect or consequential loss whether or not such arises out of any problem you notify to WishBaby and WishBaby shall have no liability to pay any money by way of compensation, including without limitation all liability in relation to:
• Any incorrect or inaccurate information on the website.
• The infringement by any person of any Intellectual Property Rights of any third party caused by their use of the website.
• Any loss or damage resulting from your use or the inability to use the website or resulting from unauthorised access to, or alteration of your transmissions or data in circumstances which are beyond our control.
• Any loss of profit, wasted expenditure, corruption or destruction of data or any other loss which does not directly result from something we have done wrong.
• Any amount or kind of loss or damage due to viruses or other malicious software that may infect a user’s computer equipment, software, data or other property caused by persons accessing or using content from the website or from transmissions via emails or attachments received from WishBaby.
• All representations, warranties, conditions and other terms which but for this notice would have effect.
12. INDEMNIFICATION
You agree to defend and indemnify WishBaby from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:
• Your breach of this agreement or the documents referenced herein.
• Your violation of any law or the rights of a third party.
• Your use of the website.
13. CHANGES AND TERMINATION
We may modify the website and these terms at any time, at our sole discretion and without notice. You are responsible for keeping yourself informed of these terms. Your continued use of the website constitutes your acceptance of any changes to these terms and any changes will supersede all previous versions of the terms. Unless otherwise specified, all changes to these terms apply to all users and clients. In addition, we may terminate our agreement with you under these terms at any time by notifying you in writing (including by email) or without notice.
14. ASSIGNMENT
This agreement and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by WishBaby without restriction.
15. INTEGRATION CLAUSE
This agreement together with the privacy policy and any other legal notices published by WishBaby, shall constitute the entire agreement between you and WishBaby concerning and governs your use of the website.
16. DISPUTES
The user agrees that any dispute, claim or controversy arising out of or relating to these terms and conditions, or the breach, termination, enforcement, interpretation or validity thereof or the use of the website, shall be resolved by binding arbitration between the user and WishBaby, provided that each party retains the right to bring an individual action in a court of competent jurisdiction.
In the event of a dispute arising in connection with the use of the website or the breach of these conditions, the parties agree to submit their dispute to arbitration resolution before a reputable arbitration organisation as mutually agreed by the parties and in accordance with applicable commercial arbitration rules.
You agree to initiate a formal dispute proceeding by sending us a communication through our contact information. WishBaby may choose to send you a written offer after receiving your initial communication. If we offer and send you a settlement offer and you do not accept the offer, or we are unable to resolve your dispute satisfactorily and you wish to continue with the dispute process, you must initiate the dispute resolution process before an accredited arbitration organisation and file a separate Demand for Arbitration. Any award rendered by the arbitration tribunal shall be final and conclusive on the parties.
To the fullest extent permitted by law, you agree that you will not file, join or participate in any class action lawsuit in connection with any claim, dispute or controversy that may arise in connection with your use of the website.
The courts of Ireland, shall have jurisdiction over any dispute, controversy or claim relating to WishBaby and its business operations. Any such dispute or controversy shall be brought and resolved in the courts of Ireland.
17. FINAL PROVISIONS
These terms and conditions are governed by the laws of Ireland. Use of the website is unauthorised in any jurisdiction that does not give effect to all of the provisions of these terms and conditions.
Our performance of these terms is subject to existing laws and legal process, and nothing contained in these terms limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of our website or information provided to or gathered by us with respect to such use.
If any part of these terms is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. Our failure or delay in enforcing any provision of these terms at any time does not waive our right to enforce the same or any other provision(s) hereof in the future.
Any rights not expressly granted herein are reserved.
18. CONTACT INFORMATION
If you have questions or concerns about these terms and conditions, please contact us using the contact information below:
WishBaby.
Email: hello@wishbaby.com
