Terms and Conditions

These Terms & Conditions (“Terms”) are a legal agreement between You and Sgbabymart, Inc. and our subsidiaries or other affiliates (collectively, “Sgbabymart,” “we,” “us,” or “our”).

By accessing or using the websites, mobile applications or blogs, as well as our Facebook, Instagram, Twitter and other social media or interactive pages (collectively, the “Sites”) provided by Sgbabymart that link to these Terms, You agree to be bound by these Terms and all of the terms and conditions incorporated herein by reference. If You do not agree to these Terms, You may not access or use the Sites or order, receive or use Sgbabymart products and services made available through the Sites (collectively, the “products”).

Your use of the Sites and our baby, toddler and kids delivery service (collectively, the “Services”), are subject to these Terms. BY USING THE SERVICES, YOU AGREE TO AND WILL BE DEEMED TO BE BOUND BY THESE TERMS. If You do not want to be bound by these Terms or policies, do not use the Services. These Terms include: (1) AN ARBITRATION PROVISION; (2) A WAIVER OF RIGHTS TO BRING A CLASS ACTION AGAINST US; AND (3) a release by You of all claims for damage against us that may arise out of Your use of the Services.

1. MEMBERSHIP AND ACCOUNT SECURITY

1.1 While You may browse the Website and order products as a guest user, to access certain services on the Website, You must complete the registration process to create an account, password, and provide us with current, complete and accurate shipping and billing information as prompted by the registration process. Clicking “Checkout” or something similar will result in a subscription being created and your credit card being charged. You must maintain and promptly update, as necessary, your account information, including payment details. You must safeguard your password and supervise your account. You understand and agree that you are responsible for any use of your account by anyone you allow to access it and will notify us immediately of any unauthorized use of your account. You agree not to create an account using a false identity or information, or on behalf of someone other than yourself. You agree that you shall not have more than one account for the Site.

You must be 18 years of age or older and legally capable of entering into binding contracts in order to apply, and we may accept or reject Your application in our sole and absolute discretion. If approved, when You create an account, You agree You are responsible for maintaining the confidentiality and security of Your account by, among other things: (i) ensuring that Your registration details are true, up to date, and accurate; and (ii) not sharing Your password, letting anyone else access Your account, transferring Your account to any other person, or taking other actions that might jeopardize the security of Your account.

1.2 You agree to comply with these Terms and all applicable laws, statutes, ordinances, and regulations regarding Your use of our Services and Your purchase of products or services through them. We reserve the right in our sole discretion to disable Your account at any time if You violate these Terms.

1.3 No data transmission over the Internet is totally secure. While we work to protect information You provide, we do not warrant and cannot ensure the security of any information You transmit to us. Accordingly, any information You transmit to us is transmitted at Your sole and absolute discretion and at Your own risk.

1.4 When You visit the Website or send emails to us, You are communicating with us electronically. By doing so, You consent to receive communications from us electronically. We will communicate with You by e-mail or by posting notices on the Website. You agree that all agreements, notices, disclosures, and other communications that we provide to You electronically satisfy any legal requirement that such communications be in writing. In addition, by using our Services, You consent to receive SMS text messages sent through an automatic telephone dialing system on the phone number associated with Your account.

1.5 Our referral program rewards our customers for spreading the word about Sgbabymart. Each time a new customer uses your unique referral code (“Referral Code”) at checkout, you'll both receive a special offer. If you participate in our referral program by sharing your Referral Code, you're subject to the following terms and conditions.

A “Qualified Referral” is a purchase made at www.sgbabymart.sg by a new customer who arrives at our website by using your Referral Code (a “Referred Customer”). You are limited to one Qualified Referral for each Referred Customer; in other words, additional/repeat purchases made by a Referred Customer are not considered additional Qualified Referrals. You may not make purchases using your own Referral Code (for example, by using a different email address).

Only individual people are eligible to participate in the Sgbabymart referral program. Businesses may not use referral codes for affiliate lead generation. You must comply with all “spam” laws. Any emails you send with your Referral Code must be created and distributed in a personal manner, and bulk email distribution is strongly discouraged. Any distribution of your Referral Code that could constitute unsolicited commercial email or “spam” under any applicable law or regulation is expressly prohibited. You may not post your Referral Code on coupon or other commercial or promotional websites without Sgbabymart's prior written approval. Any Referral Codes posted on such websites may be automatically disabled and any resulting Qualified Referrals may be revoked by Sgbabymart without notice to you, and you may be issued a new Referral Code at the discretion of Sgbabymart.

Sgbabymart reserves the right to cancel its referral program or to change the terms and conditions of the program at any time in its sole discretion. Any unclaimed referral rewards will be forfeited at that time.

Sgbabymart reserves the right to close the account of (and/or charge payment of any discount or credit provided to) any customer who uses or attempts to use the referral program in violation of these terms and conditions or in violation of any applicable law or regulation. Sgbabymart also reserves the right to close the account of any customer whose Referral Code is found posted to coupon or other commercial or promotional websites without Sgbabymart's written approval or who attempts to make purchases using their own Referral Code.

2. CONTENT AND LINKS

2.1 The text, images, photographs, graphics, logos, illustrations, descriptions, data, and other material provided by the Website on or through the Website Services, as well as the selection, assembly, and arrangement thereof, are referred to herein collectively as the “Content.” The Content may contain errors, omissions, or typographical errors or may be out of date, and is provided to You without warranty or representation from us. We may change, delete, or update any Content at any time and without prior notice. The Content is provided for informational purposes only and is not binding on us in any way except to the extent it is specifically indicated to be so.

2.2 Unless otherwise noted, all Content is protected by copyrights, trademarks, service marks, and other proprietary rights that are owned by us or by third parties that have licensed their use to us. You may view and use the Content only for Your personal information and for using the Website, and for no other purpose, including but not limited to, any commercial purpose, and You shall retain intact all copyright and other proprietary notices. Any use of the Content, except as specifically permitted in these Terms or as otherwise expressly permitted in the Content or in a writing signed by us, is strictly prohibited.

2.3 Links to other Internet sites operated by third parties, including Website vendors, do not constitute sponsorship, endorsement, or approval by the Website of the content, policies, or practices of such linked sites. Linked sites are not operated, controlled, or maintained by the Website, and the Website is not responsible for the availability, content, security, policies, or practices of linked sites, including, without limitation, privacy policies and practices. Links to other sites are provided for Your convenience only, and You access them at Your own risk.

3. LICENSE AND SITE ACCESS

3.1 Sgbabymart hereby grants You a limited, non transferable, revocable license to access and make personal use of the Website and not to download (other than page caching) or modify it, or any portion of it, except with our express written consent. This license does not include: any resale or commercial use of the Website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. The Website or any portion of the Website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. Sgbabymart may determine, in its sole and absolute discretion, whether Your use is in violation of our Terms.

3.2 You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Website without our express written consent. You may not use any meta tags or any other “hidden text” utilizing the Website’s name or trademarks without the express written consent of the Website. Any unauthorized use terminates the permission or license granted by the Website. Any violation of this policy may result in a copyright, trademark or other intellectual property right infringement that may subject the offender to civil and/or criminal penalties.

3.3 You must not use the Website in any way that causes, or may cause, damage to the Website or impairment of the availability or accessibility of the Website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity. You must not use the Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

4. DISCLAIMER AND LIMITATION OF LIABILITY

4.1 LITTLE SPOON MAKES NO WARRANTIES OR REPRESENTATIONS WHATSOEVER WITH RESPECT TO THE WEBSITE, ITS CONTENT, ANY LINKED SITES, OUR PRODUCTS OR THE SERVICES, INCLUDING THE AVAILABILITY OF ANY SITE OR THE CONTENT, INFORMATION, AND MATERIALS ON IT, OR THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THAT CONTENT, INFORMATION, AND MATERIALS. LITTLE SPOON DOES NOT WARRANT OR REPRESENT THAT YOUR ACCESS TO OR USE OF THE WEBSITE OR THE SERVICES WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR SERVICES ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. WITHOUT LIMITING THE FOREGOING, ALL CONTENT PROVIDED ON OR THROUGH THE WEBSITE, THE PRODUCTS AND THE SERVICES ARE PROVIDED TO USERS “AS IS,” WITH NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY, OR ACCURACY. THE “AS IS” CONDITION OF CONTENT IS EXPRESSLY MADE A CONDITION OF ANY TRANSACTION ARISING THROUGH OR AS A RESULT OF THE WEBSITE OR THE SERVICES. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to You. Check Your local laws for any restrictions or limitations regarding the exclusion of implied warranties.

YOU ARE SOLELY RESPONSIBLE FOR, AND ASSUME ALL RISKS RELATED TO, THE PROPER AND SAFE HANDLING, STORAGE, USE AND CONSUMPTION OF THE PRODUCTS YOU RECEIVE FROM US. LITTLE SPOON PRODUCTS SHOULD ALWAYS BE USED WITH ADULT SUPERVISION. SOME PRODUCTS CONTAIN WHOLE PIECES OF FRUITS AND VEGETABLES AND SHOULD BE FED TO CHILDREN WITH CARE. CERTAIN ASPECTS OF OUR PACKAGING MAY POSE A CHOKING HAZARD. YOU ARE ALSO SOLELY RESPONSIBLE FOR KNOWING ABOUT ANY FOOD ALLERGIES YOU OR YOUR CHILD MAY HAVE AND VERIFYING THE PRODUCTS AND THEIR CONTENTS BEFORE HANDLING, USING OR CONSUMING SUCH PRODUCTS. FURTHER, YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT WE CANNOT GUARANTEE THAT OUR PRODUCTS ARE FREE OF ALLERGENS. Always consult with a healthcare professional and Your child’s pediatrician before introducing and feeding our products to Your child and specifically discuss any foods that may pose an allergy risk or other health risks for Your baby. You understand, acknowledge and agree that Little Spoon does not imply, suggest or represent that any of our products have been approved for individual use either by us or medical professionals. You understand, acknowledge and agree that Little Spoon does not imply, suggest or represent that any of our products or the Blueprint program are meant to be a comprehensive nutrition plan or solution for your child. Any claims that are made about our products or the Blueprint program are merely illustrative in nature. In addition, young children and individuals with compromised immune systems should follow the U.S. Food and Drug Administration’s recommendations on food consumption for at-risk groups, which can be found at https://www.fda.gov/Food/FoodborneIllnessContaminants/PeopleAtRisk/ucm352830.htm. Statements made and products sold through the Website and are not intended to treat, cure or prevent any disease.

WE ATTEMPT TO DISPLAY THE PRODUCTS AND OTHER MATERIALS AND INFORMATION YOU VIEW ON THE WEBSITE, INCLUDING PRICING AND NUTRITIONAL INFORMATION, AS ACCURATELY AS POSSIBLE. HOWEVER, WE DO NOT GUARANTEE THE ACCURACY OF SUCH MATERIALS AND INFORMATION. IN THE EVENT OF AN ERROR ON OUR WEBSITE, IN AN ORDER CONFIRMATION, IN PROCESSING OR DELIVERING AN ORDER OR OTHERWISE, WE RESERVE THE RIGHT TO CORRECT SUCH ERROR AND REVISE YOUR ORDER ACCORDINGLY (INCLUDING CHARGING THE CORRECT PRICE) OR TO CANCEL YOUR ORDER AND ISSUE YOU A CREDIT OR REFUND. YOU FURTHER AGREE THAT THE PRODUCTS AND OTHER MATERIALS YOU RECEIVE IN YOUR ORDER MAY VARY FROM THE PRODUCTS AND MATERIALS DISPLAYED ON THE WEBSITE DUE TO A NUMBER OF FACTORS, INCLUDING, WITHOUT LIMITATION, SYSTEM CAPABILITIES AND CONSTRAINTS OF YOUR COMPUTER, MANUFACTURING PROCESS OR SUPPLY ISSUES, THE AVAILABILITY AND VARIABILITY OF PRODUCTS, OR HUMAN ERROR. THE WEBSITE MAY CONTAIN INFORMATION ABOUT PRODUCTS THAT ARE NOT AVAILABLE IN EVERY LOCATION. A REFERENCE TO A PRODUCT ON THE WEBSITE DOES NOT IMPLY OR GUARANTEE THAT IT IS OR WILL BE AVAILABLE IN YOUR LOCATION OR AT THE TIME OF YOUR ORDER. WE RESERVE THE RIGHT TO ADJUST YOUR ORDER AT ANY TIME PENDING AVAILABILITY OF CERTAIN PRODUCTS AND OTHER FACTORS.

We reserve the right to change any and all content and to modify, suspend or stop providing access to the Website (or any features or functionality of the Website) and the products at any time without notice and without obligation or liability to You. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier, vendor or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by us.

4.2 UNDER NO CIRCUMSTANCES SHALL SGBABYMART, ITS AFFILIATES, SUPPLIERS, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES) RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT DISPLAYED ON THE WEBSITE OR THROUGH THE WEBSITE OR THE SERVICES, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND/OR USE OF (OR YOUR INABILITY TO ACCESS AND USE) THE WEBSITE OR THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY DAMAGE CAUSED TO YOUR COMPUTER OR SOFTWARE OR INFORMATION STORED THEREON, (III) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY OBTAINED ON OR THROUGH THE WEBSITE OR THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES (IV) ANY UNAUTHORIZED ACCESS TO OR USE OF LITTLE SPOON’S SERVERS AND/OR ANY AND ALL PERSONAL AND/OR OTHER INFORMATION STORED THEREIN, (V) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE OR THROUGH THE WEBSITE OR ANY OF THE SERVICES, (VI) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE OR THE SERVICES BY ANY THIRD PARTY, (VII) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, (VIII) EMAILS OR OTHER TRANSMISSIONS OR COMMUNICATIONS MADE TO YOU THROUGH THE WEBSITE OR THE SERVICES AND/OR (IX) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT OR SERVICES POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE OR THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT LITTLE SPOON IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

4.3 Nothing on the Website constitutes, or is meant to constitute, advice of any kind. If You require advice in relation to any legal, financial, medical or nutritional matter You should consult an appropriate professional.

5. ARBITRATION AND CLASS ACTION WAIVER.

5.1 Binding Arbitration. Any dispute or claim arising in any way from Your use of the Website or the Service, except for disputes relating to the infringement of our intellectual property rights or the access or use of the Website or Service in violation of these Terms, will be resolved by binding arbitration, rather than in court, but You may assert claims in small claims court if Your claims qualify.

5.2 No Judge or Jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms as a court would.

5.3 Arbitrator and Rules. The arbitration will be conducted before a neutral single arbitrator, whose decision will be final and binding, and the arbitral proceedings shall be governed by the AAA Commercial Arbitration Rules, Consumer Due Process Protocol, and Supplementary Procedures for Resolution of Consumer Related Disputes. These rules can be found on the AAA website at www.adr.org.

5.4 Starting an Arbitration. To begin an arbitration proceeding, You must send us a notice of dispute, in writing, setting forth Your name, address and contact information, the facts of the dispute and relief requested. You must send Your notice of legal dispute to us at the following address: care@littlespoon.com. We will send any notice of dispute to You at the contact information we have for You.

5.5 Format of Proceedings. The arbitration shall be conducted, at the option of the party seeking relief, by telephone, online, or based solely on written submissions.

5.6 Fees. If You initiate arbitration, Your arbitration fees will be limited to the filing fee set forth in the AAA’s Consumer Arbitration Rules. Unless the arbitrator finds the arbitration was frivolous or brought for an improper purpose, Little Spoon will pay all other AAA and arbitrator’s fees and expenses.

5.7 Individual Basis. To the fullest extent permitted by applicable law, You and Little Spoon each agree that any dispute resolution proceeding will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, You and Little Spoon each waive any right to a jury trial. As a result, PROCEEDINGS TO RESOLVE OR LITIGATE A DISPUTE IN ANY FORUM WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS.

5.8 Limitation Period. In no event shall any claim, action or proceeding by You or SGBABYMART be instituted more than one (1) year after the cause of action arose.

5.9 Enforcement. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. The United Nations Conventions on Contracts for the International Sale of Goods shall have no applicability.

5.10 Invalidity. If a court of competent jurisdiction finds the foregoing arbitration provisions invalid or inapplicable, You and Little Spoon each agree to the exclusive jurisdiction of the Federal and State courts located in New York, New York, or such other jurisdiction selected by Little Spoon in its sole discretion, and You and Little Spoon each agree to submit to the exercise of personal jurisdiction of such courts for the purposes of litigating any applicable dispute or claim.

6. GENERAL PROVISIONS.

6.1 Termination. If You breach any of the terms of these Terms, all licenses granted by us, including permission to use the Website and the Service, will terminate automatically. Additionally, we may suspend, disable, or cancel subscription with or without notice, for any or no reason. If we cancel Your subscription for any suspected breach of these Terms by You, You are prohibited from re-registering for the Service under a different name. All sections which by their nature should survive the termination of these Terms shall continue in full force and effect subsequent to and notwithstanding any termination of this Agreement by Little Spoon or You. Termination will not limit any of our other rights or remedies at law or in equity.

6.2 Injunctive Relief. You agree that a breach of these Terms will cause irreparable injury to Sgbabymart for which monetary damages would not be an adequate remedy and Sgbabymart shall be entitled to equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security or proof of damages, You may not assert as a defense in any such action that an adequate remedy at law exists.

6.3 Notices. We may give notice to You by means of a general notice on the Website, electronic mail, or by written communication sent by first class mail or pre-paid post. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to us (such notice shall be deemed given when received by us) at any time by sending an email to care@littlespoon.com. Please specify the reason for the email in the subject line so it can be forwarded to the proper department.

6.4 Miscellaneous. These Terms may not be modified except by a writing executed by the duly-authorized representatives of Sgbabymart or pursuant to Section 6.5 of these Terms. No other act, document, usage or custom will be deemed to modify or amend these Terms. These Terms will inure to the benefit of and will be binding upon each party’s successors and assigns. These Terms and the licenses granted hereunder may be assigned by Sgbabymart but may not be assigned by You without the prior express written consent of Sgbabymart. Any attempt by You to assign these Terms without the written consent of Sgbabymart shall be null and void. If any provision hereof is or becomes, at any time or for any reason, unenforceable or invalid, no other provision hereof will be affected thereby and the remaining provisions will continue with the same effect as if such unenforceable or invalid provisions will not have been inserted herein; provided that the ability of either party to obtain substantially the bargained-for performance of the other will not have thereby been impaired. It is expressly understood that in the event either party on any occasion fails to perform any term hereof and the other party does not enforce that term, the failure to enforce on any occasion will not constitute a waiver of any term and will not prevent enforcement on any other occasion. Nothing contained in these Terms will be deemed to constitute either party as the agent or representative of the other party or both parties as joint venturers or partners for any purpose. In the event that either party is prevented from performing, or is unable to perform, any of its obligations under these Terms due to any cause beyond the reasonable control of the party invoking this provision, the affected party’s performance will be extended for the period of delay or inability to perform due to such occurrence. The headings and captions contained herein will not be considered to be part of the Terms but are for convenience only. You and Sgbabymart agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply to the interpretation or construction of these Terms. 

6.5 Modifications. We may occasionally update these Terms. Sgbabymart reserves the right to update the Terms at any time, in our sole and absolute discretion, without providing notice to You. When we do update these Terms that, in our discretion, we consider significant, we will also revise the “Last Updated” date at the top of these Terms and post the updated Terms on the Website. If You continue to use the Website, the Service or our products after we post an update to these Terms, You indicate Your acceptance of the updated Terms.

6.6 Contact Us. If You have any questions regarding these Terms, the Website or the Service please contact us at care@Sgbabymart.sg.