TERMS AND CONDITIONS

Welcome to the NUNUNUBABY.COM website terms and conditions. This instrument consists of the terms and conditions governing your (“you” or “user“) access to and use of Nununu Baby Ltd. (“NUNUNUBABY“, ”we“, or ”us“) web site and the services, content, materials, products and information available at: www.nununubaby.com (the ”Site” or “Services“).  Please read through them carefully before using the Site or placing your order. These NUNUNUBABY terms of use, together with our Shipping & Delivery policy available at http://nununubaby.com/shop/shipping-delivery/ and our Return & Exchanges policy available at http://nununubaby.com/shop/reurns_and_exchanges/ constitute a binding agreement between you and NUNUNUBABY (together, the “Terms“), and by using the website (in whole or in part) in any way or manner, including without limitation by placing an order, you agree to be bound and abide by the terms and conditions set out below. If you do not understand and/or agree to these Terms, you should immediately exit this Site and avoid making any use of the Site.

Before placing an order, if you have any queries relating to these terms and conditions, please contact our Customer Services team at customer.service@nununubaby.com. We may unilaterally change or add to the terms of these Terms from time to time without notice to you. In the event of a material change, we shall notify you via email or by means of a prominent notice on the Site. Changes will apply to any subsequent orders received. Once your order has been confirmed, any changes to the Terms shall not apply to such order unless we are required to make the change by law. You should check our website periodically at the following URL: www.nununubaby.com to review such changes in the Terms. By continuing to use the Site following such modifications, you agree to be bound by such modifications. If you are not comfortable with all of the provisions of these Terms, please do not use the Site.

OWNERSHIP OF PROPRIETARY RIGHTS

All the Intellectual Property Rights evidenced by or embodied in and/or attached/connected/related to the Site, including without limitation the products, any underlying designs, images, illustrations, texts, style, trade dress, “look and feel”, structure, features, software, platforms, technology, any information, ideas, services, files, videos and related content  (“NUNUNUBABY IPR“) are the property of NUNUNUBABY and/or its respective affiliates which retain all right, title and interest in connection therewith. No transfer or grant of any rights is made or is to be implied by any provision of these Terms or by any other provision contained in the Site with respect to NUNUNUBABY IPR or otherwise and you may not make any use of the NUNUNUBABY IPR, including without limitation copying, reproduction, changing, creating derivative works or using in a collection of works. You hereby acknowledge that monetary damages may not be a sufficient remedy and that an injunctive relief would be appropriate to prevent any actual or threatened violation or misappropriation of NUNUNUBABY IPR.

 Intellectual Property Rights” means all worldwide, whether registered or not (a) patents, patent applications, inventions, patent rights and industrial designs; (b) rights associated with works of authorship, including without limitation copyrights, copyright applications, copyright restrictions and designs; (c) rights relating to the protection of trade secrets, know how and confidential information; (d)  trademarks, service marks, logos, trade names, trade dress and goodwill rights whether or not registered; (e) rights analogous to those set forth herein and any other proprietary rights relating to intangible property; (f) divisions, continuations, renewals, reissues and extensions of the foregoing (as applicable) now existing or hereafter filed, issued, or acquired.

 

Without limiting any of the foregoing or hereunder, NUNUNUBABY, is a trademark of Nununu Baby Ltd. Other company or product names are the trademarks or registered trademarks of their respective holders. You may not remove, change or modify any NUNUNUBABY trademarks or take any action inconsistent with NUNUNUBABY’s ownership thereof (whether registered or not) or at any time use or employ any trademarks, trade names or domain names which are confusingly similar to any of the NUNUNUBABY trademarks.

 

PRIVACY POLICY

IMPORTANT: BY USING THE SITE YOU GIVE YOUR CONSENT THAT ALL PERSONALLY IDENTIFIABLE INFORMATION (“PII“) THAT YOU SUBMIT MAY BE PROCESSED BY NUNUNUBABY IN THE MANNER AND FOR THE PURPOSES DESCRIBED IN THE FOLLOWING PRIVACY POLICY.

We, at NUNUNUBABY are committed to maintaining your privacy. This privacy policy applies to all Services and covers how PII that NUNUNUBABY collects and receives in respect of the Services is treated.

WHAT INFORMATION DO WE COLLECT?

  • Personal Information. We may ask for your name, telephone number, home address, email address and age. We sometimes supplement the information that you provide with information that is received from third parties. For instance, if inaccurate postal or zip codes are received, we will use third party software to fix them. When a purchase is made on the Site, in addition to the above, we also ask for delivery address and payment method details. We may obtain information about your usage of our Site to help us develop and improve it further through online surveys and other requests.
  • User Information. When you use our Services, we may automatically receive and record information from your computer, documents and browser, including your IP address, cookie information, software and hardware attributes. We also use your IP address to help with server problem diagnosis and to administer our Site. An IP address is a numeric code that identifies your computer on a network, or in this case, the Internet. Your IP address is also used to gather broad demographic information. We may also perform IP lookups to determine which domain you are coming from (i.e: aol.com, yourcompany.com) to more accurately gauge our users’ demographics.
  • Anonymous Data Collected Through The Site. In addition to the information we collect as described above, we may use technology to collect anonymous information about the use of our Site. For example, our Web server may automatically log which pages of our Site our visitors view, their IP addresses and which Web browsers our visitors use. This technology does not identify you personally, it simply enables us to compile statistics about our visitors and their use of our Site. Our Site contains hyperlinks to other pages on our Site. We may use technology to track how often these links are used and which pages on our Site our visitors choose to view. Again this technology does not identify you personally it simply enables us to compile statistics about the use of these hyperlinks.
  • User Communications. When you send emails or other communications to NUNUNUBABY, we may retain those communications in order to process your inquiries, respond to your requests and improve our Services.

 

LINKS. Links to other sites may be provided by NUNUNUBABY as a convenience to our customers. NUNUNUBABY is not responsible for the privacy practices of other sites. This privacy policy applies solely to PII collected by us.

 

WHAT THE PII WILL BE USED FOR?

We process your PII only for specific and limited purposes, including the improvement, maintenance and provision of the Services. We ask only for PII that is adequate, relevant and not excessive for those purposes. Your data will enable us, and our processors, to fulfill your order, to notify you about important functionality changes, to send you requested product information, updates about our new collections, sales or newsletter sign ups and additional materials, for statistical or survey purposes, for promotional purposes and market research, to improve this Site and our services. We may also send you from time to time (by email or post) information about products and services and details of promotions and special offers from NUNUNUBABY. If you do not wish to be contacted for these purposes, can inform us about your marketing preferences All email messages and email newsletters will contain information on how you can unsubscribe

In assessing your request for goods or services, we may use your information for the purposes of the prevention and detection of fraud.

INFORMATION SHARING

NUNUNUBABY only shares PII with other companies or individuals in the following limited circumstances:

  • We have your consent.
  • We require opt-in consent for the sharing of any sensitive PII.
  • We provide such PII to our subsidiaries, affiliated entities, representatives  or other trusted businesses or persons for the purpose of processing PII on our behalf in Israel and/or abroad. We require that these parties agree to process such PII based on our instructions and in compliance with this privacy policy and any other appropriate confidentiality and security measures. For example, we may contract with other companies to provide certain services, including credit card processing, shipping, name and address verification. We provide these companies with only the information they need, which may include PII, to perform their services and work closely with them to ensure that your privacy is respected and protected.
  • We have a good faith belief that access, use, preservation or disclosure of such PII is reasonably necessary to (a) satisfy any applicable law, regulation, legal process or enforceable governmental request, (b) enforce applicable agreements and/or their terms, including investigation of potential violations thereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, or (d) protect against imminent harm to the rights, property or safety of the Company, its users or the public as required or permitted by law.

COOKIES

We may use temporary cookies that remain in the cookies file of your browser until the browser is closed, in order to collect the anonymous data described herein, to keep track of your current shopping session and to enable you to proceed to checkout at any time and to personalize your online experience. Cookies by themselves cannot be used to discover the identity of the user. A cookie is a small piece of data that is stored by your web browser on your computer’s hard drive. Cookies do not damage your computer. You can set your browser to notify you when you receive a cookie. This enables you to decide if you want to accept it or not. If you do not accept cookies you will be unable to use this Site. Refer to the Help content of your browser for more information on selecting or deselecting Cookies.

PRIVACY OF CHILDREN ON OUR WEBSITE

Our Site is not intended for use by children under the age of 14, and we will not knowingly collect any information from any person below the age of 14.

INFORMATION SECURITY

We take appropriate security measures to protect against unauthorized access to or unauthorized alteration, disclosure or destruction of PII.

  • We strive to maintain the reliability, accuracy, completeness and currency of PII that we collect and to protect the privacy and security of our customers. We keep your PII only for as long as reasonably necessary for the purposes for which it was collected or to comply with any applicable legal or ethical reporting or document retention requirements.
  • We limit access to PII about you to employees, contractors and agents who we believe reasonably need to come into contact with that PII. These individuals are bound by confidentiality obligations and may be subject to discipline, including termination and criminal prosecution, if they fail to meet these obligations.
  • We have physical, electronic, and procedural security measures and safeguards to reasonably protect PII. Our servers and our databases are protected by industry standard security technology, such as industry standard firewalls and password protection.
  • Although we cannot guarantee against any loss, misuse, unauthorized disclosure, alteration or destruction of data, we try to prevent such unfortunate occurrences.

 

DATA INTEGRITY, ACCESSING AND UPDATING PERSONAL INFORMATION

NUNUNUBABY processes PII only for the purposes for which it was collected and in accordance with this privacy policy or any applicable service agreements. We review our data collection, storage and processing practices to ensure that we only collect, store and process the PII needed to provide or improve our Services. We take reasonable steps to ensure that the PII we process is accurate, complete, and current, but we depend on our users to update or correct their PII whenever necessary.

  • Upon receipt of your written request and enough information to permit us to identify your PII, we will disclose to you the PII we hold about you. We will also correct, amend or delete any PII that is inaccurate and notify any third party recipients of the necessary changes.
  • We do not charge for complying with a correction request, however, for all other requests, we may charge a small fee to cover its costs. Requests to delete PII are subject to any applicable legal and ethical reporting or document retention obligations imposed on NUNUNUBABY.
  • We ask individual users to identify themselves and the PII requested to be accessed, corrected or removed before processing such requests, and we may decline to process requests that are unreasonably repetitive or systematic, require disproportionate technical effort, jeopardize the privacy of others, or would be extremely impractical, or for which access is not otherwise required.

 

ENFORCEMENT

NUNUNUBABY regularly reviews its compliance with this privacy policy. Please feel free to direct any questions or concerns regarding this privacy policy or our treatment of PII by contacting us as provided above. When we receive formal written complaints it is NUNUNUBABY’s policy to contact the complaining user regarding his or her concerns. We will cooperate with the appropriate regulatory authorities, including local data protection authorities, to resolve any complaints regarding the transfer of PII that cannot be resolved between NUNUNUBABY and an individual.

 

CONSENT TO PROCESSING

By providing any PII to us pursuant to this privacy policy, all users, including, without limitation, users in the United States, Israel and member states of the European Union, fully understand and unambiguously consent to this privacy policy and to the collection and processing of such PII abroad. The server on which the Site is hosted and/or through which the Services are processed may be outside the country from which you access the Site and may be outside your country of residence. Some of the uses and disclosures mentioned in this privacy policy may involve the transfer of your PII to various countries around the world that may have different levels of privacy protection than your country. By submitting your PII through the Site and as part of the Services, you consent, acknowledge, and agree that we may collect, use, transfer, and disclose your PII as described in this privacy policy. If you do not consent to the terms of this privacy policy, please do not use this Site.

 

SALE OF ASSETS

If we become involved in a merger, acquisition, or any form of sale of some or all of our assets your PII may be transferred as part of the transaction.

 

 

THIRD PARTY CONTENT

To the extent that the Site contain links to outside services and resources, NUNUNUBABY does not control the availability and content of those outside services and resources. Any concerns regarding any such service or resource, or any link thereto, should be directed to such particular service or resource provider. It is hereby clarified that NUNUNUBABY is not responsible for such links and/or content. Should you leave the Site via a link contained herein and/or view content that is not provided by NUNUNUBABY, you do so at your own risk. NUNUNUBABY shall not be responsible for damages or losses caused by or in connection with services, information or other content provided on such sites. In as much as you are redirected to linked sites and content, we recommend you be aware and cautious, to carefully read and abide by the terms of use and privacy policies of such sites and content.

 

DISCLAIMER

THE SITE, INCLUDING WITHOUT LIMIATION PRODUCTS, NUNUNUBABY IPR, SERVICES AND CONTENT IN THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, NUNUNUBABY DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.

NUNUNUBABY DOES NOT WARRANT THAT THE SITE, INCLUDING WITHOUT LIMITATION NUNUNUBABY IPR, SERVICES AND CONTENT AVAILABLE ON THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THIS SITE OR THE SERVER(S) THAT MAKES THIS SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

NUNUNUBABY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE, INCLUDING WITHOUT LIMITATION NUNUNUBABY IPR, SERVICES OR CONTENT IN THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, AVAILABILITY OR OTHERWISE. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS YOU BELIEVE NECESSARY OR ADVISABLE TO PROTECT YOU AGAINST ANY CLAIM, DAMAGE, LOSS OR HAZARD THAT MAY ARISE BY VIRTUE OF YOUR USE OF OR RELIANCE UPON THE SITE AND/OR ANY OF THE NUNUNUBABY IPR.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

 

LIMITATION OF LIABILITY

TO THE MAXIMUM PERMITTED UNDER LAW, UNDER NO CIRCUMSTANCES WHATSOEVER WILL NUNUNUBABY AND ITS AFFILIATES, PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS, SUBCONTRACTORS AND SUPPLIERS BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY OTHER ENTITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, UNDER ANY LEGAL THEORY, WHETHER CONTRACT, TORT OR OTHERWISE FOR ANY COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL INCLUDING, BUT NOT LIMITED TO, ANY LOST PROFITS AND LOST BUSINESS OPPORTUNITIES, BUSINESS INTERUPTION, REVENUE, INCOME, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES THAT RESULT FROM OR RELATE IN ANY MANNER WHATSOEVER TO YOUR USE OF THE SITE, OR RELIANCE ON ANY OF THE PRODUCTS AND/OR NUNUNUBABY IPR.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

NOTWITHSTANDING ANY OTHER PROVISION TO THE CONTRARY, NUNUNUBABY’S LIABILITY UNDER, ANY LEGAL THEORY, WHETHER CONTRACT, TORT OR OTHERWISE, SHALL NOT EXCEED THE PAYMENTS MADE TO NUNUNUBABY BY YOU FOR THE SERVICES THAT GAVE RISE TO THE CLAIM.

YOU RECOGNIZE AND AGREE THAT THE WARRANTY DISCLAIMERS AND LIABILITY AND REMEDY LIMITATIONS IN THESE TERMS ARE MATERIAL BARGAINED FOR BASIS OF THESE TERMS AND THAT THEY HAVE BEEN TAKEN INTO ACCOUNT AND REFLECTED IN THE DECISION BY YOU TO ENTER INTO THESE TERMS.

GENERAL

(i) These Terms shall be governed by and construed in accordance with the laws of the State of Israel, without regard to its principles of conflicts of law. The application of the United Nations Convention of Contracts for the International Sale of Goods or other international laws are expressly excluded. The parties consent to the exclusive jurisdiction of the courts of Tel Aviv; (ii) if any provision of these Terms is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable and if such provision is determined to be invalid or unenforceable nonetheless, the provision shall be deemed to be severable from the remainder of these Terms and shall not cause the invalidity or unenforceability of the remainder of these Terms; (iii) this is the entire agreement between you and NUNUNUBABY with regards to the subject matter herein and these Terms shall not be modified except as provided herein; (iv) NUNUNUBABY may assign these Terms, in whole or in part, in its sole discretion. You are not entitled to assign or otherwise transfer to a third party without the prior written consent of NUNUNUBABY these Terms or any of its rights and benefits or duties and obligations under these Terms. Any unauthorized assignment will be void and of no force or effect; (v) nothing in these Terms shall be considered as granting any rights to third parties towards NUNUNUBABY; (vi) the failure of either party to enforce any rights granted hereunder or to take action against the other party in the event of any breach hereunder shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breaches; (vii) all waivers must be in writing. Any waiver or failure to enforce any provision of these Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion; (viii) YOU AND NUNUNUBABY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

If you have any further questions or require further clarification, please contact us by sending an e-mail to: info@nununubaby.com.