IMPORTANT-READ THIS ENTIRE AGREEMENT CAREFULLY.
THESE ARE THE GENERAL TERMS AND CONDITIONS GOVERNING YOUR USE OF THE HAPPYMOMS WEBSITE AND APPLICATION. USE OF OUR SERVICES CONSTITUTES ACCEPTANCE OF THE TERMS AND CONDITIONS DESCRIBED HEREIN
HappyMoms.pk is owned by Happy Moms,
the terms “we”, “us” and “us” refer to Happy Moms throughout this website/application.
This website, information, content, and application is available to you based upon your acceptance of all the Terms of use and Privacy Policy set forth on this website. All users of the website, including clients, customers, suppliers, and/or creators to content, are subject to these Terms and conditions. You accept to be legally bound by this Agreement and our Privacy Policy when visiting this website /application or using it, as they may be updated or modified from time to time. You agree that by accessing the Website, you have read, understood, and agreed to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY RECOMMENDED TO DISCONTINUE USE.
Supplemental terms and conditions or documents that may be posted on our website/ application from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Use to stay informed of updates. Your continued use or access to the website after any changes have been posted represents the acceptance of such changes.
The information provided on the website/application is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the website / application from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
This Website is managed by Happy Moms and is aimed at adults in Pakistan or Pakistanis living abroad. The content is not suitable for individuals under the age of 18.
You can contact a representative from Happy Moms via email at info@happymoms.pk, if you have any questions or concerns about this Agreement or the Website/Application.
1. Privacy
Our Privacy Policy available at https://happymoms.pk/privacy-policy/ refers to our collection and use of data that you send to us. Before using the website, make sure to check our Privacy Policy, if you do not agree to the terms and conditions of the Privacy Policy, we recommend not to use the website/application. Your submission of personal information through the website/application is governed by our Privacy Policy.
2. Accuracy and Completeness of Content – Disclaimer
Our website offers a variety of information, guidance, tips, insights, comments, images, audio, photos, videos, data and other materials. Happy Moms provide some of the content and other information is shared by users through opinions or views. While Happy Moms aims to ensure the reliability and comprehensiveness of the material which is up-to-date, we are not responsible, irrespective of its accessibility, for the quality, completeness or timeliness of any material.
The content on
this website is available for general information and
should not be substituted as a prime source for making medical or other
decisions. Any dependence on this web site’s material is at your own risk.
THE CONTENT AVAILABLE VIA THE WEBSITE IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER
HAPPYMOMS NOR ITS SUPPLIERS OR USERS ARE ENGAGED IN RENDERING MEDICAL,
COUNSELING, LEGAL, OR OTHER PROFESSIONAL SERVICES OR ADVICE.
SUCH CONTENT IS INTENDED SOLELY AS A GENERAL EDUCATIONAL AID. IT IS NOT
INTENDED AS MEDICAL OR HEALTHCARE ADVICE, OR TO BE USED FOR MEDICAL DIAGNOSIS
OR TREATMENT, FOR ANY INDIVIDUAL PROBLEM. IT IS ALSO NOT INTENDED AS A
SUBSTITUTE FOR PROFESSIONAL ADVICE AND SERVICES FROM A QUALIFIED HEALTHCARE
PROVIDER FAMILIAR WITH YOUR UNIQUE FACTS. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN
OR OTHER QUALIFIED HEALTHCARE PROVIDER REGARDING ANY MEDICAL CONDITION AND
BEFORE STARTING ANY NEW TREATMENT.
YOUR USE OF THE WEBSITE/APPLICATION IS ALSO SUBJECT TO THE ADDITIONAL
DISCLAIMERS AND CAVEATS IN THIS AGREEMENT AND THAT MAY APPEAR THROUGHOUT THE
WEBSITE.
3. No Obligation to Prescreen User Content
It is not obligatory to Happy Moms to prescreen, edit, or delete any content provided by users that is posted on or accessible through the website/application. Nevertheless, Happy Moms will have the right (but not the obligation), to prescreen, edit, refuse, delete, or transfer any such content for any reason.
4. User data
We will maintain certain data that you transmit to the website for the purpose of managing the performance of the website/application, as well as data relating to your use of the website. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the website. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
5. Rights of Users for Content Submission
To provide our services, we need you to give us some legal permissions (known as a ‘license’) to use this content. This is only for the purpose of providing and improving our services.
All content you submit, post or provide otherwise to or from the website is your responsibility. In this way, you;
1. Signify and warrant to Happy Moms that such information is not confidential and that you have the authority to send, publish, or otherwise make such content available;
2. Allow Happy Moms and its partners a worldwide, nonexclusive, fully sub-licensable, royalty-free right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute (including, without limitation, making available on-line, electronically transmitting or otherwise communicating to the public), perform, and display such Content (in whole or part) worldwide via the website or otherwise, and/or to incorporate it in other works in any form, media, or technology now known or later developed; and
3. Accept any relevant act or omission in connection with your moral rights in such Content which may or could otherwise constitute an offense or infringement of such moral rights, and waive all your moral rights in the Content to the extent permitted by law.
– Limitations on Data Submissions
You consent not to upload, publish or otherwise provide any contents to or via the Web Website, i.e.,
1. Is unlawful, threatening, offensive, violent, pornographic, harmful, reprehensible, libelous, or disrespectful of the privacy of others;
2. Contravene or violates the title, sign, trade secret, trademark, patent, or other proprietary right
3. Contain all dangerous, damaging, or malicious files, software or worms, viruses, or other programs;
4. Any unlicensed publicity, promotional material, chains, spam, junk mail, or other kind of unsolicited mass e-mail to any persons or entities not consenting to be part of such e-mails, or
5. You are not authorized to send, post, distribute, or transmit.
-Complaints About Content
If you wish to bring to our attention any illegitimate activity linked with any Content posted by another User or otherwise available on the website, you must do so in accordance with our “Notice and Procedure for Making Complaints Regarding Content” as described below and we will address it in accordance with the procedures set forth there.
-Prohibited Use
You may not access or use the website/application for any purpose other than that for which we make the website/application available. The website may not be used in connection with any commercial activities except those that are specifically endorsed or approved by us.
6. Modifications of Content
We reserve the right to change, modify, or remove the contents of the website/application at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our website. We also reserve the right to modify or discontinue all or part of the website without notice at any time. We will not be liable to you or any third party for any modification, suspension, or discontinuance of the website/application.
We cannot guarantee the website/application will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Website, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the website/ application at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the website/ application during any downtime or discontinuance of the website. Nothing in these Terms of Use will be construed to obligate us to maintain and support the website/ application or to supply any corrections, updates, or releases in connection therewith.
7. Corrections
There may be information on the website/application that contains typographical errors, inaccuracies, or omissions, including descriptions, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the website /application at any time, without prior notice.
8. Website or Application Management
We reserve the right, but not the obligation, to:
1. Monitor the website/application for violations of these Terms of Use;
2. Take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities;
3. In our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable any of your contributions or any portion thereof;
4. In our sole discretion and without limitation, notice, or liability, to remove from the Website or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and
5. Otherwise manage the website/application in a manner designed to protect our rights and property and to facilitate the proper functioning of the website/application.
9. Compliance with Laws
You agree to comply with all laws applicable to your use of the website/ application.
By using the website/ application, you represent and warrant that:
1. You have the legal capacity and you agree to comply with these Terms of Use;
2. You are not a minor in the jurisdiction in which you reside;
3. You will not access the website/ application through automated or non-human means, whether through a bot, script, or otherwise;
4. You will not use the website/ application for any illegal or unauthorized purpose; and
5. your use of the website/ application will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the website/ application.
10. Ownership and Intellectual Property Rights
This website/ application is owned by Happy Moms. Unless otherwise indicated, the website/ application is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the website (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights. The Content and the Marks are provided on the website “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the website and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
Provided that you are eligible to use the website/ application, you are granted a limited license to access and use the Website and to download or print a copy of any portion of the content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the website, the content and the marks.
11. Disclaimer – With Respect to Website and Third-Party Access
THE WEBSITE OR APPLICATION IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE WEBSITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE OR APPLICATION AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO OUR WEBSITE/APPLICATION AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY
(1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS,
(2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE OR APPLICATION,
(3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,
(4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE OR APPLICATION,
(5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR
(6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE.
WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH OUR WEBSITE OR APPLICATION, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
12. Limitations of Liability
IN NO EVENT WILL WE OR OUR OWNERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE WEBSITE OR APPLICATION, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US.
HAPPYMOMS AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE CONTENT AVAILABLE VIA THE WEB SITE. 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.
13. Indemnification
You agree to defend, indemnify, and hold Happy Moms, its owners, , employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from:
1. Your use of the Website,
2. Any User Content you post or upload,
3. Your use of or reliance on any User Content, or
4. Your violation of these Terms and Conditions.
14. Electronic Communications and Signatures
Visiting the website or by using the application, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the website, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES INITIATED OR COMPLETED BY US OR VIA THE WEBSITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
15. Notice and Procedure for Making Complaints Regarding Content
If you believe that any specific Content available on the website either infringes your rights (including without limitation any intellectual property rights), or is otherwise unlawful, and you would like to file a complaint with us, please click here.
16. Termination of Your Access
These Terms of Use shall remain in full force and effect while you use the website/application. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE WEBSITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE WEBSITE OR DELETE ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
17. Governing Law
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Pakistan and jurisdiction of Lahore, Punjab, Pakistan
18. Severability
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
19. Miscellaneous
These Terms of Use and any policies or operating rules posted by us on the website/application or in respect to the website constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.
If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the website or application. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.
CONTACT US
In order to resolve a complaint regarding the Website or to receive further information regarding use of the Website, please contact us at: info@happymoms.pk
(effective from April 08, 2020)