Terms and Conditions

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. THESE TERMS AND CONDITIONS MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THE SITE. BY USING THE SITE, YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE, THEN DO NOT USE THE SITE.

Welcome to www.mybabytone.com ("Site", "Babytone", "Company", "us”, "our" or "we" ). These Terms apply to any services offered by Babytone™ to you (“Individual”), as well as individuals authorized by Babytone™ to use the services to deliver our offerings to you (“Providers”), (collectively, “Service Users.”) By accessing or using websites owned or operated by the Company, including the Company’s website located at https://www.mybabytone.com/ (collectively “Site” or “Sites”) or receiving services supplied by Babytone™, including through use of the Babytone™ Smart Fetal Heart Monitor devices, or by downloading, installing, accessing or using any application supplied by us (collectively “App” or “Apps”), you acknowledge and agree to these Terms by default. These Terms will be published from time to time on the Site. The Sites, services provided by us, and the Apps are all collectively referred to herein as the “Service.” We reserve the right to modify these Terms at any time, effective upon posting of an updated version of these Terms on the Site or App. Users should check these Terms periodically on the Site or App. By using the Site (and app) after we post changes to these terms, you agree to accept those changes, whether or not you review them. Users who violate these Terms will have their access canceled and they may permanently be banned from using the Site. 

This device is NOT a medical device and is not intended to replace regular doctors or intended to treat, cure, prevent or diagnose any medical condition nor to derive any medical conclusion based on its findings. The use of our fetal heart rate products is merely to hear a baby's heartbeat and for the bonding experience it provides. 

We do not discriminate on the basis of age, race, national origin, gender, sexual orientation or religion.

No person under the age of 13 should use the Site without the consent of their parent or legal guardian. We strongly encourage all parents and guardians to monitor the Internet use of their children. Use of the Site by any user shall be deemed to be a representation that the user is 13 years of age or older. If you are a parent or legal guardian agreeing to these Terms of Use for the benefit of a child between the ages of 13 and 18, be advised that you are fully responsible for his or her use of this Site, including all financial charges and legal liability that he or she may incur. If you do not agree to (or cannot comply with) any of these Terms, do not use this Site. All billing and registration information provided must be truthful and accurate. Providing any untruthful or inaccurate information may constitute a breach of these Terms. By confirming your purchase at the end of the checkout process, you agree to accept and pay for the item(s) requested.

You will be solely responsible for all access to and use of this site by anyone using the password and identification originally assigned to you whether or not such access to and use of this site is actually authorized by you, including without limitation, all communications and transmissions and all obligations (including without limitation financial obligations) incurred through such access or use. You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify us of any unauthorized use of your password or identification or any other breach or threatened breach of this Site's security.

Upon registering, you will receive a password and an Babytone ID. You are responsible for maintaining the confidentiality of the password and ID, and are fully responsible for all activities that occur under your password or ID. You agree to:

(a) immediately notify Babytone of any unauthorized use of your password or account or any other breach of security;

(b) ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to comply with this requirement.

You acknowledge and agree that all information, code, data, text, software, music, sound, photographs, pictures, graphics, video, chat, messages, files, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such content originated. This means that you, and not us, are entirely responsible for all Content that you upload, post, email or otherwise transmit via the services. The Site does not control the user or third party Content posted via the Products and Services, and, as such, does not guarantee the accuracy, integrity or quality of such user or third party Content. You acknowledge and agree that by using the Products and Services, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Babytone be liable in any way for any user, including, but not limited to, for any errors or omissions in any such Content, or for any loss or damage of any kind incurred as a result of the use of any such Content posted, emailed or otherwise transmitted via the Products and Services. As a general matter, Babytone does not pre-screen user posted on the Site, except for certain areas where we employs certain automated screening software, although we reserves the right to do so. Babytone does not guarantee that any screening will be done to your satisfaction or that any screening will be done at all. We reserves the right to monitor some, all, or no areas of the products and services for adherence to these terms and conditions or any other rules or guidelines posted by Babytone.

Babytone™ cares about privacy matters for our customers. To learn more about how we protect your information, please refer to our Privacy Policy.

Most products (and most services) offered on the Site are available on www.mybabytone.com throughout most nations (see available countries and regions in the product page). However, prices and availability may vary. Product availability and some prices offered on the site may vary based on your location. Prices shown on the Site apply to products and services on the Site. Price and availability are subject to change without notice. We attempt to display all products shown on the Site in an accurate manner; however, because of the technical differences in the equipment of our customers, we cannot be responsible for photographic differences in size, shape and color of the products. The receipt of an email order confirmation is simply a recognition that we have received your requested order, and does not constitute an offer to sell. We reserve the right to limit the quantity of any item sold, or prohibit a sale altogether, including but not limited to prohibiting sales to resellers. By using the Service, you agree that: You will only use the Service for lawful purposes. You will not impair the proper operation of the Service. You will not try to harm us, or any other user or the Service in any way. You will keep secure and confidential your Account password or any identification we provide you which allows access to the Service.

Babytone™ shall not be held responsible for the delay in shipment or non-delivery of the goods due to war, earthquake, serious flood, fire and other Force majeure causes agreed by both parties. However, the Sellers shall advise the Buyers by fax/telex, immediately of such occurrence and within fourteen days thereafter, shall send by airmail to the Buyers for their acceptance a certificate issued by the competent authorities of the place where the accident occurs as evidence thereof. Under such circumstances, Babytone™, however, is still under the obligation to take all necessary measures to hasten the delivery of the goods. In case the late delivery exceeds ten weeks, we will have the right to cancel this Contract.

All content (quotes, text) and media (videos, images, audio clips and other forms), button, icons, logos, slogans, trade names or softwares are belong to www.mybabytone.com, You may not use, reproduce, copy, modify, transmit, display, publish, sell, license, publicly perform, distribute or commercially exploit any of these as mentioned or otherwise dispose of any of the content in a way not permitted by Babytone. Without the prior written consent of the Site. The use of data mining, robots, or similar data gatherings and extraction tools on www.mybabytone.com trademarks or service marks in meta tags is strictly prohibited. You may view and use the content only for your personal information and for shopping and ordering on the Site and for no other purpose. The collection, arrangement, and assembly of all content on this Site (the "Compilation") belong exclusively to Babytone. You may not use any content or the Compilation from www.mybabytone.com in any manner that disparages or discredits the Site or in any way that is likely to cause confusion or violation of any applicable laws or regulations.

Except as otherwise provided elsewhere in this Agreement or on the Site, anything that you submit or post to the Site and/or provide Babytone, including, without limitation, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, "Submissions") is and will be treated as non-confidential and nonproprietary, and by submitting or posting, you agree to irrevocably license the entry and all IP rights related thereto (excluding the moral rights such as authorship right) to www.mybabytone.com without charge and Babytone shall have the royalty-free, worldwide, perpetual, irrevocable, and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. All Submissions shall automatically become the sole and exclusive property of the Site and shall not be returned to you and you agree not to raise any dispute in connection with any use of the entry by the Site in the future. In addition to the rights applicable to any Submission, when you post comments or reviews to the Site, you also grant www.mybabytone.com the right to use the name that you submit with any review, comment, or other Content, if any, in connection with such review, comment, or other content. You shall not use a false email address, pretend to be someone other than yourself. www.mybabytone.com may, but shall not be obligated to remove or edit any Submissions (including comments or reviews) for any reason.

You acknowledge that the Terms apply to you and Babytone only, and not with any App Vendor. The App Vendor and any App Vendor subsidiaries are third party suppliers of the Terms. Upon your acceptance of the Terms, the App Vendor will have the right (and will be deemed to have accepted the right) to enforce the Terms against you as a third party beneficiary. You may not use or otherwise export or re-export the Product or Service except as authorized by both United States law and the laws of the jurisdiction in which you obtained the Product. You represent that you are purchasing the Product for your own use consistent with the Terms and that you do not intend to re-sell the Product to any other party or to export the Product outside the country to which Babytone delivers the Product.

If any event of these Terms is held to be invalid or illegal or unenforceable, such remedy shall be struck and the remaining remedies shall be enforced to the fullest extent under law. Our failure or delay to enforce any right or remedy in these Terms or elsewhere shall not constitute a waiver of such right or remedy.

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 HongKong.