TERMS AND CONDITIONS
Disclaimer: This is a Free Directory Listing. As such, we are not involved in any transactions other than including the publicly listed and available information of business and service providers in our site. We are not liable for any change of information by the business and service providers not reflected in this site nor do we have an obligation to reflect such changes as we do not maintain any relationship with them aside from listing their publicly listed and available data in our site.
We do not have any liability to potential customers who directly contacted the business and service providers. Likewise, we do not have any liability to the business and service providers listed in our site as the information contained therein are obtained through their publicly listed and available data.
Term of Use
- ACCEPTANCE OF TERMS
MOMMYBUDDY welcomes you. Mommybuddy provides the Services (defined below) to you subject to the following Terms of Service (“TOS”), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at Mommybuddy.com.ph. By accessing and using the Mommybuddy Services, you accept and agree to be bound by the terms and provision of the TOS. In addition, when using particular Mommybuddy owned or operated services, you and Mommybuddy shall be subject to any posted guidelines or rules applicable to such services, which may be posted and modified from time to time. All such guidelines or rules (including but not limited to our Spam Policy, Privacy Settings, etc.) are hereby incorporated by reference into the TOS. Mommybuddy may also offer other services that are governed by different Terms of Service. In such cases the other terms of service will be posted on the relevant service to which they apply.
- DESCRIPTION OF MOMMYBUDDY SERVICES
Mommybuddy is MARKETING Service Platform for Companies and Individual Providers. It connects businesses and individual service providers to customers in the most convenient way.
The users hereby give their consent and approval that Mommybuddy Services may include advertisements and that these advertisements are necessary for Mommybuddy to provide the Mommybuddy Services. The users also understand and agree that Mommybuddy Services may include certain communications from Mommybuddy, such as service announcements, administrative messages and Mommybuddy Newsletter, and that these communications are considered part of Mommybuddy membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Mommybuddy Services, including the release of new Mommybuddy properties, shall be subject to the TOS. You understand and agree that the Mommybuddy Services is provided “AS-IS” and assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Mommybuddy, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Mommybuddy Services.
You understand that the technical processing and transmission of the Mommybuddy Services, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Please be aware that Mommybuddy has created certain areas on the Mommybuddy Services that contain adult or mature content. You must be at least 18 years of age to access and view such areas.
- YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Mommybuddy Services, you represent that you are of legal age to form a binding contract and are not a person barred from receiving the Mommybuddy Services under the laws of the Republic of the Philippines or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Mommybuddy Service’s registration form (the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Mommybuddy has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Mommybuddy has the right to suspend or terminate your account and refuse any and all current or future use of the Mommybuddy Services (or any portion thereof).
- MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the Mommybuddy Service’s registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Mommybuddy of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Mommybuddy cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.
- MEMBER CONDUCT
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not Mommybuddy, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Mommybuddy Services. Mommybuddy does not control the Content posted via the Mommybuddy Services and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Mommybuddy Services, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Mommybuddy be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Mommybuddy Services.
You agree to not use the Mommybuddy Services to:
- upload, post, email, transmit, or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable;
- harm minors in any way;
- impersonate any person or entity, including, but not limited to, a Mommybuddy official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Mommybuddy Service;
- upload, post, email, transmit, or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party;
- upload, post, email, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas (such as shopping) that are designated for such purpose.;
- upload, post, email, transmit, or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Mommybuddy Services are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;
- interfere with or disrupt the Mommybuddy Services or servers or networks connected to the Mommybuddy Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Mommybuddy Services, including using any device, software or routine to bypass our robot exclusion headers;
- intentionally or unintentionally violate any applicable national or international law, including, but not limited to, regulations promulgated by any and all government agencies of the Republic of the Philippines, and any regulations having the force of law;
- provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the Republic of the Philippines or any other foreign government as a foreign terrorist organization;
- “stalk” or otherwise harass another; and/or
- collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs a through m above.
You acknowledge that Mommybuddy may or may not pre-screen Content, but that Mommybuddy and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the Mommybuddy Services. Without limiting the foregoing, Mommybuddy and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Mommybuddy or submitted to Mommybuddy, including without limitation information in Mommybuddy Message Boards and in all other parts of the Mommybuddy Services.
You acknowledge, consent and agree that Mommybuddy may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the TOS; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of Mommybuddy, its users and the public.
You understand that the Mommybuddy Services and software embodied within the Mommybuddy Services may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Mommybuddy and/or content providers who provide content to the Mommybuddy Services. You may not attempt to override or circumvent any of the usage rules embedded into the Mommybuddy Services. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Mommybuddy Services, in whole or in part, is strictly prohibited.
- SPECIAL ADMONITIONS FOR INTERNATIONAL USE AND EXPORT AND IMPORT COMPLIANCE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Use of the Mommybuddy Services and transfer, posting and uploading of software, technology, and other technical data via the Mommybuddy Services may be subject to the export and import laws of the Republic of the Philippines and other countries.
- CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE MOMMYBUDDY SERVICES
Mommybuddy does not claim ownership of Content you submit or make available for inclusion on the Mommybuddy Services. However, with respect to content, photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Mommybuddy Services, you grant Mommybuddy worldwide, royalty-free license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such content, photos, graphics, audio or video.
- CONTRIBUTIONS TO MOMMYBUDDY
By submitting ideas, suggestions, documents, and/or proposals (“Contributions”) to Mommybuddy through its suggestion or feedback webpages, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) Mommybuddy is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) Mommybuddy shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) Mommybuddy may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of Mommybuddy without any obligation of Mommybuddy to you; and (f) you are not entitled to any compensation or reimbursement of any kind from Mommybuddy under any circumstances.
You agree to indemnify and hold Mommybuddy and its subsidiaries, affiliates, directors, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit, modify or otherwise make available through the Mommybuddy Services, your use of the Mommybuddy Services, your connection to the Mommybuddy Services, your violation of the TOS, or your violation of any rights of another.
- NO COMMERCIAL REUSE OF MOMMYBUDDY SERVICES
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, the Mommybuddy Services (including Content, advertisements, Software and your Mommybuddy ID) except otherwise provided in a separate memorandum of agreement.
- GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that Mommybuddy may establish general practices and limits concerning use of the Mommybuddy Services, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the Mommybuddy Services, the maximum number of email messages that may be sent from or received by an account on the Mommybuddy Services, the maximum size of any email message that may be sent from or received by an account on the Mommybuddy Services, the maximum disk space that will be allotted on Mommybuddy’s servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Mommybuddy Services in a given period of time. You agree that Mommybuddy has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Mommybuddy Services. You acknowledge that Mommybuddy reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Mommybuddy reserves the right to modify these general practices and limits from time to time.
Mommybuddy Messenger, including any web-based versions, will allow you and the people with whom you communicate to save your conversations in your Mommybuddy accounts located on Mommybuddy servers. This means you can access and search your message history from any computer with access to the internet. Whether or not you use this feature, other users may choose to use it to save conversations with you in their account on Mommybuddy too. Your agreement to this TOS constitutes your consent to allow Mommybuddy to store these communications on its servers.
- MODIFICATIONS TO MOMMYBUDDY SERVICES
Mommybuddy reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Mommybuddy Services (or any part thereof) with or without notice. You agree that Mommybuddy shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Mommybuddy Services (or any part thereof).
You may terminate your Mommybuddy account, any associated email address and access to the Mommybuddy Services by submitting such termination request to Mommybuddy.
You agree that Mommybuddy may, without prior notice, immediately terminate, limit your access to or suspend your Mommybuddy account, any associated email address, and access to the Mommybuddy Services. Cause for such termination, limitation of access or suspension shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b)requests by law enforcement or other government agencies, (c) discontinuance or material modification to the Mommybuddy Services (or any part thereof), (d) unexpected technical or security issues or problems, (e) extended periods of inactivity, (f) engagement by you in fraudulent or illegal activities, and/or (g) nonpayment of any fees owed by you in connection with the Mommybuddy Services. Further, you agree that all terminations, limitations of access and suspensions for cause shall be made in Mommybuddy’s sole discretion and that Mommybuddy shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Mommybuddy Services.
Termination of your Mommybuddy account includes any or all of the following: (a) removal of access to all or part of the offerings within the Mommybuddy Services, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of all or part of the Mommybuddy Services.
- DEALINGS WITH BUSINESS CONTACTS AND ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Mommybuddy Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Mommybuddy shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such business contacts and advertisers on the Mommybuddy Services.
The Mommybuddy Services may provide, or third parties may provide, links to other World Wide Web sites or resources. You acknowledge and agree that Mommybuddy is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You warrant and admit that these links are not endorsements or recommendations. You further acknowledge and agree that Mommybuddy shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
To reiterate, Mommybuddy has no control over the contents of third party websites, and Mommybuddy accepts no responsibility for them or for any loss or damage that may arise from your use of them.
Moreover, you agree that, should Mommybuddy requests the deletion of a link to our website that is within your control, you will delete the link promptly.
If you would like Mommybuddy to remove a link to your website that is included on this website, please contact Mommybuddy using the contact details firstname.lastname@example.org. Note that unless you have a legal right to demand removal, such removal will be at our discretion.
- MOMMYBUDDY’S PROPRIETARY RIGHTS
You acknowledge and agree that the Mommybuddy Services and any necessary software used in connection with the Mommybuddy Services (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in advertisements or information presented to you through the Mommybuddy Services or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or as authorized by Mommybuddy or the applicable licensor (such as business contact or advertiser), you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on the Mommybuddy Services, such Content or the Software, in whole or in part.
You do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Mommybuddy Services. You agree not to access the Mommybuddy Services by any means other than through the interface that is provided by Mommybuddy for use in accessing the Mommybuddy Services.
The copyright in this website and the material on this website (including without limitation the text, computer code, artwork, photographs, images, music, audio material, video material and audio-visual material on this website) is owned by Mommybuddy.
Mommybuddy grants to you a worldwide non-exclusive royalty-free revocable license to:
- view this website and the material on this website on a computer or mobile device via a web browser;
- copy and store this website and the material on this website in your web browser cache memory; and
- print pages from this website for your own [personal and non-commercial] use.
Mommybuddy does not grant you any other rights in relation to this website or the material on this website. In other words, all other rights are reserved.
For the avoidance of doubt, you must not adapt, edit, change, transform, publish, republish, distribute, redistribute, broadcast, rebroadcast or show or play in public this website or the material on this website (in any form or media) without Mommybuddy prior written permission.
The automated and/or systematic collection of data from this website is prohibited.
Mommybuddy takes the protection of its copyright very seriously.
If Mommybuddy discovers that you have used its copyright materials in contravention of the license above, Mommybuddy may bring legal proceedings against you seeking monetary damages and an injunction to stop you using those materials. You could also be ordered to pay legal costs.
If you become aware of any use of Mommybuddy copyright materials that contravenes or may contravene the license above, please report this by email to email@example.com or by post to our address at 149, 3rd Street, Espina Village, B. Rodriguez, Cebu City.
- DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOUR USE OF THE MOMMYBUDDY SERVICES AND SOFTWARE ARE AT YOUR SOLE RISK. THE MOMMYBUDDY SERVICES AND SOFTWARE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. MOMMYBUDDY AND ITS SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- MOMMYBUDDY AND ITS SUBSIDIARIES, DIRECTORS, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE MOMMYBUDDY SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) THE MOMMYBUDDY SERVICES OR SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE MOMMYBUDDY SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE MOMMYBUDDY SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE MOMMYBUDDY SERVICES OR SOFTWARE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MOMMYBUDDY OR THROUGH OR FROM THE MOMMYBUDDY SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
- A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE MOMMYBUDDY SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE MOMMYBUDDY SERVICE. IMMEDIATELY DISCONTINUE USE OF THE MOMMYBUDDY SERVICES AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE MOMMYBUDDY SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
Nothing on this website constitutes, or is meant to constitute, advice of any kind.
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
- LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT MOMMYBUDDY AND ITS SUBSIDIARIES, DIRECTORS, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MOMMYBUDDY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE MOMMYBUDDY SERVICE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE MOMMYBUDDY SERVICE; OR (e) ANY OTHER MATTER RELATING TO THE MOMMYBUDDY SERVICE.
Mommybuddy will not be liable to you (whether under the law of contract, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
- [to the extent that the website is provided free-of-charge, for any direct loss;]
- for any indirect, special or consequential loss; or
- for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if Mommybuddy has been expressly advised of the potential loss.
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. If you do not think they are reasonable, you must not use this website.
You accept that, as a limited liability entity, Mommybuddy has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Mommybuddy officers or employees in respect of any losses you suffer in connection with the website.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Mommybuddy officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Mommybuddy
If any provision of this limitation of liability is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
- EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
- SPECIAL ADMONITION FOR MOMMYBUDDY SERVICES RELATING TO FINANCIAL MATTERS
If you intend to avail, create or join any service, receive or request any news, messages, alerts or other information from the Mommybuddy Services concerning the listed companies, individual providers, stock quotes, investments or securities, the phrase “Let the investor beware” is apt. The Mommybuddy Services is provided for informational purposes only, and no Content included in the Mommybuddy Services is intended for trading or investing purposes. Mommybuddy and its licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Mommybuddy Services, and shall not be responsible or liable for any trading or investment decisions based on such information.
- NO THIRD-PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this agreement.
Mommybuddy may provide you with notices, including those regarding changes to the TOS, including by but not limited to email, regular mail, SMS, MMS, text message, postings on the Mommybuddy Services, or other reasonable means now known or hereafter developed. Such notices may not be received if you violate this TOS by accessing the Mommybuddy Services in an unauthorized manner. Your agreement to this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed the Mommybuddy Services in an authorized manner.
- TRADEMARK INFORMATION
You agree that all of Mommybuddy’s trademarks, trade names, service marks and other Mommybuddy logos and brand features, and product and service names are trademarks and the property of Mommybuddy. Without Mommybuddy’s prior permission, you agree not to display or use in any manner the Mommybuddy Marks.
- NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
Mommybuddy respects the intellectual property of others, and we ask our users to do the same. Mommybuddy may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Mommybuddy with validation documents.
- GENERAL INFORMATION
Entire Agreement. The TOS constitutes the entire agreement between you and Mommybuddy and governs your use of the Mommybuddy Services, superseding any prior version of this TOS between you and Mommybuddy with respect to the Mommybuddy Services. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Mommybuddy services, affiliate services, third-party content or third-party software.
Choice of Law and Forum. You and Mommybuddy each agree that the TOS and the relationship between the parties shall be governed by the laws of the Republic of the Philippines without regard to its conflict of law provisions and that any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to the TOS, or the relationship between you and Mommybuddy, shall be brought exclusively in the courts located in the Cebu City. You agree to submit to the personal jurisdiction of the courts located within Cebu City, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
Waiver and Severability of Terms. The failure of Mommybuddy to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
No Right of Survivorship and Non-Transferability. You agree that your Mommybuddy account is non-transferable and any rights to your Mommybuddy ID or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Mommybuddy Services or the TOS, you must file it within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.
- ANTI-SPAM POLICY
In the context of electronic messaging, spam refers to unsolicited, bulk or indiscriminate messages, typically sent for a commercial purpose.
Mommybuddy has a zero-tolerance spam policy.
Mommybuddy messaging systems automatically scan all incoming email and other messages, and filter-out messages that appear to be spam.
No message filtering system is 100% accurate, and from time to time legitimate messages will be filtered-out by Mommybuddy systems.
If you believe this has happened to a message you have sent, please advise the message recipient by another means.
You can reduce the risk of a message being caught by the spam filters by sending the message in plain text (i.e. no HTML), removing any attachments, and ensuring that your messages are scanned for malware before dispatch.
Mommybuddy may provide a facility that enables users to send email messages / private messages to others. Users must not use this facility to send unsolicited, bulk or indiscriminate messages, whether or not for commercial purposes.
In the unlikely event that you receive any message from Mommybuddy or sent using Mommybuddy systems that may be considered to be spam, please contact Mommybuddy at 032 340 9107 and the matter will be investigated.
Mommybuddy may amend this anti-spam policy at any time by publishing a new version on this website.
Cookies are files sent by web servers to web browsers, and stored by the web browsers.
The information is then sent back to the server each time the browser requests a page from the server. This enables a web server to identify and track web browsers.
There are two main kinds of cookies: session cookies and persistent cookies. Session cookies are deleted from your computer when you close your browser, whereas persistent cookies remain stored on your computer until deleted, or until they reach their expiry date.
The customer or user recognizes and acknowledges that his order will undergo several process flow and will be transmitted from one entity to another. The process includes, but is not limited to 1. Making of Order; 2. Transmission of order to the business contact; 3. Confirmation of the order by the business contact; 4. Notification of the order to the customer that business contact is accepting his order; 5. Customer Payment
As such, the customer or user understands in full that the confirmation of the order will take time and that Mommybuddy is not obligated nor does it have the responsibility to immediately confirm or deny the order made.
- E – COMMERCE PAYMENT
Mommybuddy reserves the right to charge service fee for availing the e-commerce service.
Goods purchased through Mommybuddy will be delivered directly by Mommybuddy business contact. Mommybuddy cannot, in any manner, be considered to be engaging in transportation or common carrier business. Mommybuddy shall not be responsible for any death of or injury to any and all users or any loss of or damage to any goods purchased through Mommybuddy caused by its delivery. Business Contact shall be solely liable for any and all claims, losses, liabilities, obligations, suits, demands, damages, judgments, interest, penalties, fees, costs, charges and expenses (including but not limited to reasonable attorneys’ fees and disbursements) which any of user or customer may suffer, incur or pay out (or which may be asserted against any of them) on account of, arising out of or in connection with (i) any act, error or omission constituting negligence, gross negligence or willful misconduct by the Business Contact, its officers, directors, partners, members, employees, agents, contractors, subcontractors, vendors, licensees, invitees or guests in connection with the participation of this Agreement, (ii) Business Contact’s breach of any representation or warranty set forth in this Agreement, or (iii) the nature or use of Business Contact’s products or services.
In instances when the business contact represents that its services do not include the delivery of the products purchased, and, the user or customer insist that it be delivered to him, the latter recognizes and agrees to allow Mommybuddy to coordinate with Mommybuddy logistics business contacts within the area of both the business partner and the user or customer and thereafter instruct the logistics business contact to pick up and deliver product purchased. In such event, the immediately preceding paragraph shall apply except that the party solely liable in this instance is the logistic business contact.
The customer or user shall confirm receipt of the order with twenty four (24 hours) from its receipt.
Please report any violations of the TOS to our Customer Care group.
Mommybuddy collects and maintains certain information (including e-mail addresses, IP addresses, names, geographic information, etc.) on many of its Web sites and via forms (online and offline). This is done to help us provide our customers with the best customer service and with valuable information regarding relevant products and services from SmartName.com and appropriate third parties. Mommybuddy is dedicated to protecting personal information and will make every reasonable effort to handle collected information appropriately. All information collected, as well as related requests, will be handled as carefully and efficiently as possible in accordance with Mommybuddy’s standards for integrity and objectivity.