Terms of Service
1. Introduction
Welcome to Mombake.com (the “Website”). These Terms of Use constitute a legal agreement (the “Agreement” or “Terms of Use”) between you and Mombake LLC (“Mombake,” “we” or “us”) that governs your use of the Website and purchase and use of any Mombake products (“Products”) through the Website. By using the Website, you accept these Terms of Use in full. If you disagree with these Terms of Use or any part of these Terms of Use, you must not use the Website.
These Terms of Use contain an arbitration provision that requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and also limits the remedies available to you in the event of a dispute. See Section 18 for full details.
2. Privacy Policy & Cookies
By using the Website, you represent and warrant that you have read and understood and agree to be bound by Mombake’s Privacy Policy (the “Privacy Policy”), which is incorporated into this Agreement by reference. The Privacy Policy is available at https://us.mombake.com/policies/privacy-policy.
As explained more fully in the Privacy Policy, the Website uses Cookies to collect certain information from you. By using the Website and agreeing to these Terms of Use, you consent to Mombake’s use of Cookies in accordance with the terms of our Privacy Policy.
3. Eligibility
By accessing and/or using the Website, you represent and warrant that you are at least eighteen (18) years of age, and are otherwise legally qualified to enter into and form contracts under applicable law. If you are using the Website on behalf of a business entity, you further represent and warrant that you are authorized to act and enter into contracts on behalf of that business entity.
4. Purchases & Payments
If you purchase a Product through the Website, you will be required to provide your billing and shipping information as well as information regarding your credit or debit card (each, a “Payment Card”) so that we may charge you for the costs and fees associated with your purchase. You represent and warrant that you are the authorized account holder on all Payment Cards you submit through the Website, and acknowledge and agree that Mombake has the right to charge your Payment Card for the cost of the Products, and all taxes, shipping, and handling fees communicated to you at the time of your purchase.
Your order is an offer to Mombake to buy the product(s) in your order. When you place an order to purchase a product from Mombake, we will send you an email confirming receipt of your order and containing the details of your order (the “Order Confirmation Email”). The Order Confirmation Email is acknowledgement that we have received your order, and does not confirm acceptance of your offer to buy the product(s) ordered. We only accept your offer, and conclude the contract of sale for a product ordered by you, when we dispatch the product to you and send email confirmation to you that we’ve dispatched the product to you.
If you are not fully satisfied with the Products purchased by you on the Website, you may return the Product, in its original packaging, to Mombake for a refund within thirty (30) days of the date of your purchase. You can request and arrange for such a refund by contacting us via the Website by filling out the form at https://us.mombake.com/pages/exchange. After the 30-day refund window has expired, your only recourse regarding the Products is through our warranty.
At Mombake’s sole discretion, you may be permitted to purchase certain Products through Amazon.com (“Amazon”), or by using the payment processing services of PayPal.com (“PayPal”). You understand and agree that Amazon and Paypal are Third Parties, as that term is defined below, and that if you choose to complete any portion of your purchase through these Third Parties, your purchase may be governed by the terms of service, privacy policies, refund policies, and other policies and agreements of such Third Parties. It is up to you to familiarize yourself with the policies and agreements of these Third Parties.
5. License to Use Website
Subject to your compliance with this Agreement, Mombake grants you a non-exclusive, non-sublicensable, revocable as stated in this Agreement, non-transferable license to access the Website for your personal use.
This license does not include, and you must not:
- Republish material from the Website (including republication on another website), sell, rent or sub-license material from the website
- Show any material from the website in public
- Reproduce, duplicate, copy or otherwise exploit material on the Website for a commercial purpose
- Edit or otherwise modify any material on the website
- Redistribute material from the Website except for content specifically and expressly made available for redistribution
Unless otherwise stated, Mombake and/or its licensors own the intellectual property rights in the website and material on the Website, and all rights not expressly granted in this Agreement are reserved by Mombake.
6. User account, Accuracy & Security
User Account
To access and use certain parts of the Website, you may be asked to create a user account (“Account”), and to provide information that personally identifies you. You represent and warrant that all user information you provide in connection with your Account and your use of the Website is current, complete, and accurate, and you agree that you will update that information as necessary to maintain its completeness and accuracy by updating your personal profile. You agree that you will not submit any fake content (including without limitation any username, likeness, or profile) to willfully and credibly impersonate another person, whether actual or fictitious. If Mombake believes in its sole discretion that the information you provide is not current, complete, or accurate, Mombake has the right to refuse you access to the Website.
Account Security
You may be asked to provide a username, password, and possibly other information to secure your Account. You are entirely responsible for maintaining the confidentiality of your password. You may not use the username or password of any other person, nor may you share your username and password, nor may you circumvent any authentication mechanism requiring the entry of usernames, passwords, or any other information to gain unauthorized access to the Website. You agree to notify Mombake immediately of any unauthorized use of your Account. Mombake shall not be liable for any loss that you incur because of someone else using your Account, either with or without your knowledge. You may be held liable for any losses incurred by Mombake, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your Account.
7. Prohibited Conduct
Mombake imposes certain restrictions on your use of the Website. Any violation of this Section 7 may subject you to civil and/or criminal liability.
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.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to the Website without Mombake’s written consent.
You must not engage in any of the following conduct on the Website, which is expressly prohibited: (a) providing false, misleading, or inaccurate information to Mombake or any other person in connection with the Website; (b) impersonating, or otherwise misrepresenting affiliation, connection, or association with, any person or entity; (c) accessing content or data not intended for you, or logging into a server or account that you are not authorized to access; (d) attempting to probe, scan, or test the vulnerability of the Website, or any associated system or network, or breaching security or authentication measures without proper authorization; (e) interfering or attempt to interfere with the use of the Website by any other user, host, or network, including (without limitation) by submitting malware or exploiting software vulnerabilities; (f) forging, modifying, or falsifying any network packet or protocol header or metadata in any connection with, or transmission to, the Website (for example, SMTP email headers, HTTP headers, or Internet Protocol packet headers); (g) creating additional Accounts to promote your (or another’s) business, or causing others to do so; or (h) paying anyone for interactions on the Website.
You must not use the Website to transmit or send unsolicited commercial communications.
You must not use the Website for any purposes related to marketing without Mombake’s written consent.
8. User Content
In these Terms of Use, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to the Website, for whatever purpose.
You grant to Mombake a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to Mombake the right to sub-license these rights, and the right to bring an action for infringement of these rights, provided, however, that Mombake shall not bring an action for infringement of any Product reviews posted by you without your express further permission.
Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or Mombake or a third party (in each case under any applicable law).
You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
Mombake reserves the right to edit or remove any material submitted to the Website, or stored on Mombake’s servers, or hosted or published upon the Website.
Notwithstanding Mombake’s rights under these Terms of Use in relation to user content, Mombake does not undertake to monitor the submission of such content to, or the publication of such content on, the Website.
9. No Warranties; Limitation of Liability
No Warranties
Mombake, on behalf of itself and its licensors and suppliers, expressly disclaims any and all warranties, express or implied, regarding the Website, arising by operation of law or otherwise, including without limitation any and all implied warranties of merchantability, fitness for a particular purpose, non-infringement, no encumbrance, or title, in addition to any warranties arising from a course of dealing, usage, or trade practice. Neither Mombake nor its licensors or suppliers warrants that the Website will meet your requirements, or that the operation of the Website will be uninterrupted or error-free. Mombake disclaims all implied liability for damages arising out of the furnishing of the Website pursuant to this Agreement, including without limitation, mistakes, omissions, interruptions, delays, tortious conduct, errors, representations, or other defects arising out of the failure to furnish the Website, whether caused by acts of commission or omission, or any other damage occurring. Mombake shall not be liable for any indirect, incidental, special, consequential, or punitive damages (including without limitation damages for lost profits or lost revenues), whether caused by the acts or omissions of Mombake, Company Parties, or Mombake users, or their agents or representatives.
Your Responsibility for Loss or Damage; Backup of Data
You agree that your use of the Website is at your sole risk. You will not hold Mombake or its licensors and suppliers, as applicable, responsible for any loss or damage that results from your access to and/or use of the Website, including without limitation any loss or damage to any of your computers, mobile devices, including without limitations tablets and/or smartphones, or data. The Website may contain bugs, errors, problems, or other limitations.
Limitation of Liability
In no event shall Mombake or its licensors or suppliers be liable to you for any claims arising from your use with the Website, including without limitation for special, incidental, or consequential damages, lost profits, lost data or confidential or other information, loss of privacy, costs of procurement of substitute goods or Websites, failure to meet any duty including without limitation of good faith or of reasonable care, negligence, or otherwise, regardless of the foreseeability of those damages or of any advice or notice given to Mombake or its licensors and suppliers arising out of or in connection with your use of the Website. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action. You agree that this limitation of liability represents a reasonable allocation of risk and is a fundamental element of the basis of the bargain between Mombake and you. The Website would not be provided without such limitations.
Application of Disclaimers
The above disclaimers, waivers, and limitations do not in any way limit any other disclaimer of warranties or any other limitation of liability in any other agreement between you and Mombake or between you and any of Mombake’s licensors and suppliers. Some jurisdictions may not allow the exclusion of certain implied warranties or the limitation of certain damages, so some of the above disclaimers, waivers, and limitations of liability may not apply to you. Mombake’s licensors and suppliers are intended third-party beneficiaries of these disclaimers, waivers, and limitations. No advice or information, whether oral or written, obtained by you through the Website or otherwise shall alter any of the disclaimers or limitations stated in this section.
10. Intellectual Property
You represent and warrant that, when using the Website, you will obey all applicable laws and respect the intellectual property rights of others. Your use of the Website is at all times governed by and subject to copyright and other intellectual property laws. You agree not to upload, post, transmit, display, perform, or distribute any content, information, or other materials in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights.
Trademarks
Mombake and the Mombake logo (collectively, the “Mombake Marks”) are trademarks or registered trademarks of Mombake LLC, and used by Mombake with permission. Other trademarks, Website marks, graphics, logos, and domain names appearing anywhere on, through, or in connection with the Website may be the trademarks of third parties. Neither your use of the Website nor this Agreement grant you any right, title, or interest in, or any license to reproduce or otherwise use, the Mombake Marks or any third-party trademarks, Website marks, graphics, logos, or domain names. You agree that any goodwill in the Mombake Marks generated as a result of your use of the Website will inure to the benefit of Mombake LLC, and you agree to assign, and do assign, all such goodwill to Mombake LLC. You shall not at any time, nor shall you assist others to, challenge Mombake LLC’s right, title, or interest in, or the validity of, the Mombake Marks.
Copyrights
All content and other materials available through the Website, including without limitation the Mombake logo, design, text, graphics, and other files, and their selection, arrangement, and organization, are either owned by Mombake LLC or are the property of Mombake’s licensors and suppliers. Except as explicitly provided, neither your use of the Website nor this Agreement grant you any right, title, or interest in any such materials.
11. Entire Agreement
These Terms of Use, together with Mombake’s Privacy Policy, constitute the entire agreement between you and Mombake in relation to your use of the Website, and supersede all previous agreements in respect of your use of the Website.
12. Contact Us
If you have any questions about our Terms of Use, please contact us at support@mombake.com.