PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
COMPANY, INC. ("Masala Baby")
The CUSTOMER is defined as the person, person(s) or Company/Organization purchasing Masala Baby branded products from the Masalababy Retailer Website at http://www.masalababy.com/
Orders are subject to Masala Baby prices in effect as published on the website. Prices do not include shipping, insurance, gift wrapping, applicable surcharges, taxes, duties, exchange rate fluctuations or other governmental charges unless specified, all of which are customers' responsibility.
In the event that a Masala Baby product is mistakenly listed at an incorrect price, Masala Baby reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. In the event of an item being out of stock, Masala Baby reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Masala Baby shall issue a credit to your credit card account in the amount of the listed order price in US Dollars. For international orders, credits will be issued in US Dollars for the value noted on the website. Any currency fluctuations are the reponsibility of the customer.
Unless otherwise agreed, payment shall be made in advance of shipment by credit card. Masala Baby will process the credit card charges in advance of shipping. Should customer's payment not be honored for any reason, Masala Baby may cancel this order, customer remaining liable for damages.
Release by Masala Baby of merchandise to a carrier constitutes delivery to customer, and risk of loss shall thereupon pass to customer. Merchandise held by Masala Baby for customer for any reason shall be at customer's risk.
Although Masala Baby will make every reasonable effort to avoid partial shipments, Masala Baby has the right to make partial shipments. Payments for partial shipments will be charged consistent with the payment terms set forth above.
Should delivery of all or any part of the merchandise be delayed by events beyond Masala Baby control (such as strikes, natural or man-made disasters, government regulations or Masala Baby inability to obtain labor, materials or services through its regular sources), Masala Baby's time for performance shall be extended by the period of delay, or Masala Baby may, at its option, cancel this order without liability, customer remaining liable to pay for shipments already made.
Masala Baby obligations hereunder are subject to the condition that at time of shipment all legal and regulatory requirements shall have been complied with. INTERNET and COOP SALES: Customer shall not, without Masala Baby prior written authorization, sell Masala Baby merchandise on the internet. Masala Baby is under no obligation to permit customer to sell via the internet. However, if Masala Baby authorizes such sales, customer may only sell Masala Baby merchandise via a website registered to and maintained by customer and approved by Masala Baby.
Customer shall not sell Masala Baby merchandise through E-Bay or any other internet auction site, or through any coop or group sale. Customer shall not resell Masala Baby merchandise to other retailers. Masala Baby shall have the right to suspend deliveries and may terminate this and all other contracts with customer in the event of any unauthorized sales by the customer.
Masala Baby Intellectual Property
Customer may not use Masala Baby trademarks or logos, or images of Masala Baby merchandise (whether created by Masala Baby, Customer or any third-party) without Masala Baby prior written approval. Customer's use of Masala Baby trademarks and logos, or images of Masala Baby merchandise, must be tasteful and appropriate as determined solely by Masala Baby.
No rights in the design of, or incorporated in, merchandise delivered hereunder shall pass to Customer except as an integral part of the merchandise. Customer agrees not to reproduce or cause to be reproduced, either directly or indirectly, such merchandise or designs. Customer shall have no right to use Masala Baby copyrights, patents, trademarks, trade names or trade dress unless expressly licensed to use same.
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Masala Baby. The collective work includes works that are licensed to Masala Baby. Copyright 2003, Masala Baby ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Masala Baby or purchasing Masala Baby products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Masala Baby or to purchase Masala Baby products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Masala Baby. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
All trademarks, service marks and trade names of Masala Baby used in the site are trademarks or registered trademarks of Masala Baby
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Masala Baby disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Masala Baby does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Masala Baby does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Terms and conditions of this contract shall apply to all future transactions.
Limitation of Liability
Masala Baby shall not be liable for normal manufacturing defects, for customary variations from specifications, or for any imperfections inherent in the products or processes used. Masala Baby does not guarantee exact matching of color or shade, resistance to light or water, or suitability for further processing.
Masala Baby shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Masala Baby has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
You agree to indemnify, defend, and hold harmless Masala Baby, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Masala Baby without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Masala Baby may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Masala Baby.
Your use of this site shall be governed in a ll respects by the laws of the State of New York and shall be governed by New York law. Legal proceedings relating to or arising out of the use of this site shall be brought in the Courts of the State of New York located in Kings County, and the parties consent to jurisdiction therein for all purposes.
Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Masala Baby products) must be commenced within one (1) year after the claim or cause of action arises. Masala Baby's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Masala Baby may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Masala Baby or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
Masala Baby does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Masala Baby is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Masala Baby reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Masala Baby in its sole discretion.
In an attempt to provide increased value to our visitors, Masala Baby may link to sites operated by third parties. However, even if the third party is affiliated with Masala Baby, Masala Baby has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Masala Baby. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Masala Baby seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
By completing and submitting an order through the Masala Baby website located at www.masalababy.com, customer agrees to be bound by the above terms and conditions.
What information do we collect?
We collect information from you when you register on the site, place an order, enter a contest or sweepstakes, respond to a survey or communication such as e-mail, or participate in another site feature. When ordering or registering, we may ask you for your name, e-mail address, mailing address, phone number, credit card information or other information. You may, however, visit our site anonymously. We also collect information about gift recipients so that we can fulfill the gift purchase. The information we collect about gift recipients is not used for marketing purposes. Like many websites, we use "cookies" to enhance your experience and gather information about visitors and visits to our websites. Please refer to the "Do we use 'cookies'?" section below for information about cookies and how we use them.
How do we use your information?
We may use the information we collect from you when you register, purchase products, enter a contest or promotion, respond to a survey or marketing communication, surf the website, or use certain other site features in the following ways: To personalize your site experience and to allow us to deliver the type of content and product offerings in which you are most interested. To allow us to better service you in responding to your customer service requests. To quickly process your transactions. To administer a contest, promotion, survey or other site feature. If you have opted-in to receive our e-mail newsletter, we may send you periodic e-mails. If you would no longer like to receive promotional e-mail from us, please refer to the "How can you opt-out, remove or modify information you have provided to us?" section below. If you have not opted-in to receive e-mail newsletters, you will not receive these e-mails. Visitors who register or participate in other site features such as marketing programs and 'members-only' content will be given a choice whether they would like to be on our e-mail list and receive e-mail communications from us.
How do we protect visitor information?
We implement a variety of security measures to maintain the safety of your personal information. Your personal information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the information confidential. When you place orders or access your personal information, we offer the use of a secure server. All sensitive/credit information you supply is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our databases to be only accessed as stated above.
Do we use "cookies"?
Do we disclose the information we collect to outside parties?
We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information unless we provide you with advance notice, except as described below. The term "outside parties" does not include Masala Baby. It also does not include website hosting partners and other parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others' rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.
How can you opt-out, remove or modify information you have provided to us?
To modify your e-mail subscriptions, please let us know by modifying your preferences in the "My Account" section. Please note that due to email production schedules you may receive any emails already in production. To delete all of your online account information from our database, sign into the "My Account" section of our site and remove your shipping addresses, billing addresses & payment information. Please note that we may maintain information about an individual sales transaction in order to service that transaction and for record keeping.
Third party links
In an attempt to provide you with increased value, we may include third party links on our site. These linked sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these linked sites (including if a specific link does not work).
Changes to our policy
Questions and feedback
We welcome your questions, comments, and concerns about privacy. Please send us any and all feedback pertaining to privacy, or any other issue.
Online Policy Only
Terms and Conditions
Please also visit our Terms and Conditions section establishing the use, disclaimers, and limitations of liability governing the use of our website.