6. LIABILITY AND INDEMNITIES
6.1 Our Liability Generally
- We do not provide any express or implied warranty or condition concerning the Site’s capability or capacity in providing the Site and the service to you which are provided on an “AS IS” and “AS AVAILABLE” basis.
- We do not guarantee continuous, secure or uninterrupted access to the service or your account and you acknowledge that certain aspects of the provision of the service to you are out of our control. Such factors may cause the operation of the Site to be restricted including where maintenance or other services to the Site, the service and your account are required.
- You acknowledge that the use of the internet can at times be unpredictable and in some cases insecure and that at times our service to you and your account may not be available and our Site and any transmissions may not be free of error or other harmful components.
- Links to external websites are provided for your convenience only and are in no way a representation as to their suitability, usability, accuracy, availability or safety nor an endorsement by Mamaway Maternity of the external website.Mamaway Maternity will not be liable under any circumstances for any loss or damage suffered by you when visiting an external website through a link on the Site or otherwise including but not limited to loss and damage caused by any virus or other harmful component.
- In relation to the delivery of the Site, the service, your account and the sale of any product to you, you acknowledge that neither Mamaway Maternity nor its suppliers, will be liable to you for any consequential loss including any lost profit, special, incidental or consequential damages including negligence.
- Mamaway Maternity excludes to the maximum extent permitted by law any liability for any loss or damage incurred by you due to an allergic reaction suffered as a result of your use of any item or the use of that item by anyone else.
6.2 Limitation of our Liability – Sale of Goods
- We will endeavor at all times to ensure that any goods sold to you accurately correspond to any descriptions given in the Product Information and additionally will have a clear title and be available and in stock.
- Subject to paragraph c) below, to the extent permitted by law, all express or implied conditions or warranties in connection with the service, the Site and the sale of any goods are excluded.
- However, we acknowledge certain liability pursuant to any warranty or condition, implied or otherwise, cannot be excluded by law. In those circumstances, we limit our liability to the following:
The replacement of the goods or the resupply of the services; The supply of equivalent goods or the payment of the costs of having the services supplied to you again; or Making a full refund to you for any amounts paid by you to us.
6.3 Indemnities: You shall at all times indemnify and hold harmless Mamaway Maternity and any of its past, present and future officers, directors, employees and agents from and against all and any claims, damages, liabilities, costs and expenses (including legal costs and expenses) arising out of:
- Any breach by You of any term or condition of these Terms and Conditions and User Agreement;
- Any negligent act or omission by You or any of your officers, directors, employees, agents and sub-contractors in performing or omitting to perform the obligations under these Terms and Conditions and User Agreement; and
6.4 Delivery, Risks and Title
- Delivery terms are set out on the Product information page and are discussed above.
- If an item you purchase is to be delivered by Mamaway Maternity to a place nominated by you, the risk in such item will pass to you: when it is delivered; or if we are unable to deliver the item to the place nominated by you for any reason, (for example if no one is present to accept delivery), when we or our carrier first attempt to deliver the item.
- Title in any item will only pass to you when we receive the Invoice Amount in cleared funds. If the title has passed, that will not affect our rights to terminate a sale pursuant to this User Agreement.
- Mamaway is not responsible for lost or stolen packages, or packages delayed by Domestic and International courier companies. Please contact us should you not receive your parcel within 14 business days.