before placing an order, if you have any queries relating to these terms and conditions, please contact our customer services team at [email protected]. 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.nununuworld.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 Ltd. 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 here under, NUNUNUBABY Ltd., 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 Ltd. 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 Ltd. trademarks.
THE SITE, INCLUDING WITHOUT LIMITATION 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 Ltd. DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.
NUNUNUBABY Ltd. 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 Ltd. 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 Ltd. AND ITS AFFILIATES, PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENCORS, 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 INTERRUPTION, 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.
(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: [email protected].