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Terms & Conditions of Use

These Terms and Conditions of Use are between you and BAHABABE, ("BAHABABE”, the "Company”, “we”, “us”, “our”) and govern your use of the BAHABABE online store, e-commerce platform and website located at www.bahababe.com, and BAHABABE mobile and social media applications that link to these Terms and Conditions of Use (together, the "Services”). In consideration of the right to access and use the Services, you agree to the terms and conditions of use set forth herein, along with any rules, policies and procedures that BAHABABE may institute from time-to-time (these "Terms of Use”) These Terms of Use apply to the Services currently offered by BAHABABE as well as Services that may be offered in the future. Your use of the services constitutes your acceptance of this agreement and indicates your willingness to be bound by these terms of use.

BAHABABE may present information and content, including but not limited to, articles, opinions, text, statistics, data, product information, time stamps, software applications, commentary, advertisements, graphics, photographs, illustrations, calendars, designs, games, reviews, video and audio files, buttons, icons, programs and code, in addition to User Generated Content (as defined herein) (collectively, "Content"), that is owned or licensed by the Company. The Services may also include materials, applications and information owned by third parties and made available through the Services by virtue of a license, grant or some other form of agreement between the third party and BAHABABE. BAHABABE is not responsible for inaccurate information provided through the Services and makes no representations as to the accuracy, reliability, timeliness or completeness of Content, including without limitation the availability, description or effectiveness of any product. BAHABABE does not assume any liability for any loss that may result from the reliance by any person upon any Content provided on through the Services. Through the Services, you may be able to review Content, set up a user account, upload and download files, register for membership, make purchases, sign up for contests, communicate and establish relationships with other users, and post photographs, video and audio clips, reviews, information, opinions and comments. BAHABABE reserves the right to change, suspend and discontinue any aspect of the Services at any time including, but not limited to, the nature of the Services offered, databases, hours of availability, and software needed for access or use. Notwithstanding anything herein to the contrary, BAHABABE reserves the right to permit or restrict any user’s access to the Services in its sole and absolute discretion, including the termination of user accounts.

Registration and Security.

In connection with your use of the Services, you may establish or otherwise receive BAHABABE user IDs, passwords and other security codes ("User Codes") that you may need in order to access and use certain portions of the Services.

You agree to provide true, accurate, current and complete information about yourself as prompted by any registration forms ("Registration Information") and maintain and promptly update the Registration Information to keep it true, accurate, current and complete. You hereby authorize BAHABABE, directly or through third parties, to make any inquiries we consider necessary to validate your Registration Information. BAHABABE reserves the right to pursue legal actions against all persons who misrepresent personal information in any transactions or are otherwise untruthful about their identity, and to suspend or cancel accounts registered with inaccurate or incomplete information. Notwithstanding the foregoing, you acknowledge that BAHABABE cannot guarantee the accuracy of any information submitted by any user, nor any identity information about any user.

You are responsible for maintaining the confidentiality of your User Codes. You agree that you will be fully responsible for all activities that occur utilizing your User Codes, and that BAHABABE has no duty to inquire as to the authority or propriety of instructions provided via your User Codes, or to otherwise verify the identity of anyone using your User Codes. You agree that BAHABABE shall not be responsible for damages or losses resulting from any breach of security caused by loss or your failure to maintain the confidentiality of your User Codes. If you permit access to your User Codes by third parties, then you agree to defend, indemnify and hold BAHABABE harmless against any liability, losses, damages or costs and expenses (including attorneys' fees) arising out of, or resulting from, such access and related use of the Services. You also agree to immediately notify BAHABABE if you become aware of any loss or theft of your User Codes or any unauthorized use of your User Codes. BAHABABE reserves the right to block your User Codes for any reason.

For your protection, BAHABABE may require the use of encryption technologies for certain types of communications conducted through the Services. While we may provide those technologies and might use other reasonable precautions to protect confidential information and provide suitable security, we do not guarantee or warrant that information transmitted through the internet or any data network is secure, or that such transmissions will be free from delay, interruption, interception or error.

Ownership and Use of Content.

Except as otherwise set forth herein, as between you and BAHABABE, all Content is owned by BAHABABE and is protected by worldwide copyright laws and treaty provisions, unless otherwise indicated. You may make and use printouts of the Content for your personal, non-commercial use only, provided that the printouts retain all copyright, trademark and other proprietary notices. Use of the Content on any other website or in a networked computer environment for any purpose, or any other republication or redistribution of the Content, including, without limitation, framing the Content within another website, is expressly prohibited without the prior written permission of BAHABABE.

In addition to the above, except as described by the limited licenses herein, or required by law, neither Content nor any portion of the Serviced may be used, reproduced, duplicated, copied, sold, resold, modified or exploited in whole or in part for any purpose without the express written consent of BAHABABE.

Intellectual Property.

BAHABABE and third party trademarks and service marks may or may not be designated as such from time-to-time through the SM, TM or ® symbols. Except when included in any authorized printouts of the Content, you are not authorized to make use of any names, logos or taglines posted through the Services, whether or not designated by such symbols, including without limitation as metatags or in any other fashion without the express prior written permission of the Company in each instance. Nothing herein grants you any right, title or interest in any BAHABABE names, trade names, trademarks, service marks, taglines, logos, patents, patent applications, formulas, technology or designs (whether or not the subject of a patent application) (together, " BAHABABE IP”). At no time during or after the term of this Agreement shall any user, either directly or through any third party or agent (i) challenge or assist others to challenge the BAHABABE IP or the registration thereof; (ii) attempt to use or register any designs, trademarks, marks, trade names, or trade dress confusingly similar to the BAHABABE IP, or domain names incorporating any of the same; or (iii) incorporate any BAHABABE IP into any third party designs, trademarks, product names, service marks, company names, domain names, or any other similar designations, without the prior written consent of the Company. If, at any time, you acquire any rights in, or domain name, trademark or service mark registrations or applications for, any BAHABABE marks, names or designations by operation of law or otherwise, you will immediately upon request from BAHABABE, and at no expense to BAHABABE, assign such rights, registrations and applications to BAHABABE or its designee.

Site Transactions.

Your use of the Services to purchase merchandise indicates your agreement to follow and to be bound by the terms and conditions related to the sale of merchandise set forth in these Terms and Conditions. If you do not want to accept the terms and conditions related to the sale of merchandise, please do not purchase merchandise from the Services.  Products offered through the Services are offered subject to availability. All orders are subject to email confirmation from us. While we do our best to ensure that product and pricing information is current and complete, BAHABABE is not liable for inaccurate information or for any information that has been omitted or is out of date, and you agree that we may in our absolute and sole discretion vary such information. Prices for products are quoted in Australian dollars. BAHABABE may, from time to time, offer promotions for shipping, we reserve the right to suspend any such promotions, update product information, change prices and adjust shipping and handling fees at any time without notice. Furthermore, we reserve the right to change, limit, refuse or cancel any order you place with us in our sole discretion. In the event we make a change to or cancel an order, we will attempt to notify you using the contact information provided at the time the order was made.

You may not sell or resell any of the products, or samples thereof, you purchase or otherwise receive from us.

By entering into any transaction through the Services, you warrant and represent that all information you provide is true and correct (including, without limitation your credit card information and billing address), that any credit card transactions submitted by you are authorized, and that you are the legal holder of any credit card or payment account used to enter into any transaction through the Services. Furthermore, you warrant and represent that you are not a dealer, reseller or distributor. If, in our sole discretion, we determine that (a) your means of payment is not valid, (b) a transaction is not authorized, (c) your means of payment cannot be processed or verified at the time of any charge (d) a charge is disputed for any reason other than failure by BAHABABE to deliver the product purchased by you, (e) you have abused or misused promotions or promotion codes, or (f) you have otherwise used the Services to enter into an improper transaction, the Company reserves the right to immediately terminate any pending transactions, suspend your access to the Services, and terminate all of BAHABABE obligations hereunder.

Once your order has been accepted, BAHABABE will process your order by packing and arranging for delivery of the goods to you.

BAHABABE will determine the most appropriate means of delivering goods to you depending on your location.

Depending on your location within the Australia, delivery time will generally be between 2-6 days however we cannot guarantee or provide a day of the week or time of day for delivery.

We accept no responsibility for deliveries to incorrect or incomplete addresses provided by customers.  If you provide an incorrect address and delivery is completed, you will be responsible for the purchase.  If you provide an incorrect address and delivery is not completed, the order will be returned to us and you will be responsible for any charges incurred in re-delivering the goods to the correct address.

Risk and title in goods purchased from BAHABABE will pass to you upon delivery of the goods at your nominated delivery address. **** We accept no responsibility for damage caused to goods after delivery.

Prices and Payments.

You agree to pay all charges and fees applicable to your transaction, including without limitation, Good and Services Taxes, any other taxes or charges and shipping and handling, in accordance with the billing terms that were in effect at the time the charges or fees became payable. BAHABABE reserves the right to change the amount of, or the basis for determining, any charges or fees and to institute new charges or fees (such new charges or fees will only be instituted with prior notice to you).

Returns.

Returns must be made within 30 days of your receipt date for a refund. All merchandise must be accompanied by the packing list. We will not accept any returns where more than 30% of the product has been used. Only products purchased on www.bahababe.com can be returned for refund. BAHABABE products purchased from all other locations must be returned to their original point of purchase. No refunds or exchanges can be given on promotional items.  There are no cash refunds and we do not credit or refund charges for shipping or handling. Customers are responsible for the return shipping & handling charges.  We suggest adding insurance to your parcels through your preferred mail delivery service.  All returns will be credited back to the original credit card used at time of purchase within 10 - 12 business days of our warehouse receiving your return.

Cancellation Policy.

Orders cannot be cancelled once placed online. Online orders are sent to our warehouse, where they immediately enter the order fulfillment process. However, you may return orders for a refund as specified under our Return Policy, above.

No warranty.

The services and content are provided "as is" and without warranties of any kind, either express or implied, including, but not limited to, all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, which are hereby expressly disclaimed to the fullest extent permissible pursuant to applicable law. The company shall not be responsible or liable to any user for any acts of fraud, theft, misappropriation, tampering, hacking, interception, piracy, misuse, misrepresentation, dissemination, or other illegal or unauthorized activities of third parties. You understand and expressly agree that your use of the services and the content is at your sole risk, that any and all content, material and data uploaded, downloaded or otherwise obtained through your use of the services are at your own discretion and risk and that you will be solely responsible for any damage to you, your property or any third party or their property arising from use of the services or the content. BAHABABE shall not be responsible for shipping or fulfillment delays, the cancellation of any transaction or the unavailability of any product.

To the extent that the applicable law does not permit the disclaimer of warranties, the products, services and content are warranted only to the minimum amount legally required.

LIMITATION OF LIABILITY.

YOU UNDERSTAND THAT YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. BAHABABE SHALL NOT BE RESPONSIBLE FOR ANY DAMAGES THAT MAY ARISE IN CONNECTION WITH ANY TRANSACTION, YOUR USE OF THE SERVICES OR THESE TERMS OF USE. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE BAHABABE PARTIES SHALL NOT BE RESPONSIBLE OR LIABLE TO YOU OR ANY THIRD PARTIES CLAIMING THROUGH OR UNDER YOU UNDER ANY CIRCUMSTANCES FOR ANY LOST PROFITS, LOST REVENUE, LOST DATA, EQUIPMENT DOWNTIME, OR FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR EXEMPLARY DAMAGES OR LOSSES, ARISING OUT OF YOUR ACCESS, USE OR INABILITY TO USE THE SERVICES OR ANY CONTENT, INCLUDING BUT NOT LIMITED TO INTERRUPTIONS OR DELAYS IN TRANSMISSION, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION. IF YOU ARE DISSATISFIED WITH THE SERVICES, FULFILLMENT OF ANY ORDER, DO NOT AGREE WITH ANY PART OF THIS AGREEMENT OR HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST ANY OF THE BAHABABE PARTIES RELATED TO THE SERVICES OR ANY CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES. THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY, AND TO THE EXTENT APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE FOREGOING LIMITATION MAY NOT APPLY TO YOU. YOU ACKNOWLEDGE AND AGREE THAT IN THE ABSENCE OF THIS LIMITATION OF LIABILITY THESE TERMS OF USE WOULD BE MATERIALLY DIFFERENT OR YOU WOULD NOT BE GRANTED ACCESS TO THE WEBSITE.

YOU AGREE THAT NO CLAIMS OR ACTION ARISING OUT OF, OR RELATED TO, THE USE OF THE SITE OR THESE TERMS AND CONDITIONS MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION RELATING TO SUCH CLAIM OR ACTION AROSE.

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE BAHABABE PARTIES FROM ANY AND ALL THIRD PARTY CLAIMS, LIABILITY, DAMAGES, AND COSTS (INCLUDING, BUT NOT LIMITED TO, ATTORNEYS' FEES, COSTS AND EXPENSES) THAT RESULT FROM, ARISE OUT OF OR ARE IN ANYWAY CONNECTED WITH YOUR USE OF THE SERVICES OR ANY CONTENT, YOUR BREACH OF THESE TERMS OF USE, OR YOUR INFRINGEMENT, OR INFRINGEMENT BY ANY OTHER PERSON USING YOUR ACCOUNT, OF ANY BAHABABE IP OR OTHER RIGHT OF BAHABABE OR ANY THIRD PARTY. BAHABABE SHALL HAVE THE RIGHT AT ITS OWN EXPENSE, BUT NOT THE OBLIGATION, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU, AND YOU SHALL NOT IN ANY EVENT SETTLE ANY MATTER WITHOUT THE PRIOR WRITTEN CONSENT OF BAHABABE. THESE TERMS OF USE WILL INURE TO THE BENEFIT OF THE PARTIES AND THEIR SUCCESSORS, ASSIGNS, LICENSORS AND LICENSEES. YOU COVENANT TO
COOPERATE FULLY IN THE DEFENSE OF ANY CLAIM.

Term & Termination.

These Terms of Use shall commence when you first visit www.bahababe.com, make a purchase through the website, or use any BAHABABE mobile or social media application, view any Content or use any feature incorporated in the Services, and shall apply to all of your subsequent visits and uses, provided that nothing herein shall prohibit us from refusing or otherwise restricting access to any user for any reason at any time, in our sole discretion. BAHABABE may, with or without cause, immediately terminate these Terms of Use without notice, and deny you access to any Services in its sole discretion. Without limiting the foregoing, BAHABABE has the right to immediately terminate any passwords or accounts created by you in the event that you breach these Terms of Use or engage in conduct that BAHABABE considers unacceptable. If your use of the Services is terminated, you will no longer be authorized to access any BAHABABE Services. Without limiting any other rights of BAHABABE hereunder, you understand and acknowledge that BAHABABE, in its sole discretion, may pursue legal and equitable relief against you if you breach or threaten to breach these Terms of Use.

Changes.

The Content, the Services and these Terms of Use are subject to change and updating by BAHABABE at any time without prior notice. The changes may include superseding terms and conditions. YOU SHOULD REVIEW THIS AGREEMENT FROM TIME TO TIME TO BE AWARE OF ANY CHANGES THAT ARE MADE.