Last updated: March 24, 2022
These legally-binding Terms of Service apply to your use of mosiebaby.com (the "Site") and any products you purchase directly from Mosie LLC ("us," "we," or "Mosie Baby"), including the Mosie Kit, Mosie Baby Pregnancy Test, and Mosie Baby Ovulation Predictor Kit, or another product sold directly to you by Mosie Baby (collectively, "Products").
Please read these Terms of Service carefully before using the Site or purchasing Products. By visiting the Site or purchasing Products from us, you agree to be bound by these Terms of Service.
IF YOU DO NOT AGREE WITH THESE TERMS OF SERVICE, DO NOT USE THE SITE OR PURCHASE PRODUCTS FROM MOSIE BABY.
These Terms of Service will also apply to any new features or tools that we add to the Site and any new Products we introduce.
Our store is hosted by Shopify Inc., and they provide us with the online e-commerce platform that allows you to use the Site and purchase Products.
You are only permitted to use the Site and Products for personal, non-commercial use, and all other uses of the Site and Products are prohibited, including reselling, modifying, reproducing, or distributing the Site or Products.
You may not use the Site or Products for any unlawful purpose or in any way that infringes on our intellectual property rights or the intellectual property rights of any third-party. And you may not interfere with or circumvent the security features of the Site.
By using the Site or purchasing Products from us, you represent that you are at least the age of majority in your state or country of residence. The Site and Products are not intended for use by anyone under the age of 18.
Mosie reserves the right to refuse service, terminate access, or take any other steps to restrict your use of the Site or purchase of Products at any time for any reason. A breach or violation of any of these Terms of Service will result in an immediate termination of your ability to use the Site or purchase Products.
Accuracy and Completeness of Information
We are not responsible if information made available on the Site is not accurate, complete, or current. Information on the Site may contain errors, inaccuracies, or omissions that relate to Products. The material on the Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions. Any reliance on the material on the Site is at your own risk. We reserve the right to modify the information on the Site at any time (including after you submit an order). Still, we have no obligation to keep this information accurate or up-to-date. It is your responsibility to monitor changes to the Site.
We reserve the right at any time to modify or discontinue the Site or Products (or any part or content thereof) without notice at any time.
We are not liable to you or any third-party for any modification, price change, suspension, or discontinuance of the Site or Products.
Products and Orders
We reserve the right to limit sales of Products to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of Products. All descriptions of Products and their pricing are subject to change without notice at any time. We reserve the right to discontinue any Product at any time. Any offer to sell a Product is void where prohibited.
Any images of Products on the Site are for display purposes only. The actual appearance of Products may vary from pictures. We do not warrant that the quality of any Product will meet your expectations.
Certain Products may be available exclusively through the Site. Products may have limited quantities.
100% of the purchase price for Products is due at checkout. After your payment is accepted, your order will be processed and can only be canceled or changed with Mosie Baby's permission or as provided in our Refund Policy. After receiving your order, we will send you a confirmation email with your order number and other order details.
You will select and pay for shipping at checkout. Once your order is shipped, you should receive an email with shipping confirmation that will contain the tracking number for your package. You may track your parcel at the appropriate shipping website. Title and risk of loss pass to you on delivery. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments. To learn more about our shipping policies, read ourShipping Policy.
When you enroll in or purchase our Programs, Products or Services, you agree that you are clearly and expressly prohibited from doing the following:
You will not copy, share or steal our Programs, Products, Services, or Program Materials, or any parts of them.
You will not in any way use, copy, adapt or represent any of our Programs, Products, Services or Program Materials in any way as if they are yours or created by you.
You will not engage in improper and/or unauthorized use of our Programs, Products, Services and Program Materials. Improper and unauthorized use includes but is not limited to modifying, copying, reproducing, republishing, uploading, posting, transmitting, translating, selling, creating derivative works, exploiting, or distributing in any manner or medium (including by email or other electronic means) any Program Materials or any other information accessed or purchased through our Programs, Products or Services, or any other communications provided by us for your own personal use, business/commercial use or in any way that earns you money.
You will not duplicate, share, trade, sell, or otherwise distribute our Programs, Products, Services or Program Materials to any other person, for their personal use, business/commercial use or in any way that earns them money, whether it was known to you or not at the time that you shared the information that their intention was to use the Program Materials for their own personal use or business/commercial use. This means you cannot share or sell or any part of our Programs, Products and Services or Program Materials to someone else so they can copy and/or use them for their own personal use, business/commercial use or in any way that earns them money.
You are the only one granted a limited license to use our Program, Product, Service, and Program Materials.
You will not violate our intellectual property rights, including copyright and trademark rights. Downloading, printing, or otherwise using our Programs, Products, Services or Program Materials for your own training purposes in no way gives you any copyright, trademark, intellectual property or ownership rights of our Program, Product, Service or Program Materials.
You will not reprint or republish any part of our Programs, Products, Services or Program Materials for publication or compilation into your own products, programs, services or program materials for your own personal use or business/commercial use or in any way that earns you money.
You will not use our Programs, Products, Services or Program Materials in a manner that constitutes an infringement of our rights or in a manner that has not been authorized by us through our prior written consent.
You agree and understand that prohibited use, improper and/or unauthorized use may give rise to a civil claim for damages and/or be a criminal offense.
Accuracy of Billing and Account Information
We reserve the right to refuse any order for Products placed with us. We may, in our sole discretion, limit or cancel quantities of Products purchased per person, household, or order. These restrictions may include orders placed by or under the same customer account, the same credit card, or orders that use the same billing or shipping address. If we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
You agree to provide current, complete, and accurate purchase and account information for all purchases. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
Third-Party Links and Tools
Certain links on the Site may direct you to third-party websites or tools that are not provided by Mosie Baby. We are not responsible for examining or evaluating their content or accuracy, and we do not warrant and will not have any liability or responsibility for any third-party tools or websites, or any other materials, products, or services provided by third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review the third-party's policies and practices carefully and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
User Comments, Feedback, and Other Submissions
If you send us (with or without our request) creative ideas, testimonials, reviews, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, "Comments"), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use any Comments in any medium. We have no obligation to: (a) maintain any Comments in confidence, (b) pay compensation for any Comments, or (c) respond to any Comments. You are solely responsible for any Comments you make and their accuracy. We take no responsibility and assume no liability for any Comments posted by you or any third-party.
Limited Product Warranty, Disclaimer of Warranties, and Limitation of Liability
We provide no representations or warranties whatsoever regarding the sie or any products, except for those stated in the Mosie Baby Limited Product Warranty. We disclaim, to the greatest exent possible under applicable law, all other warranties, whether express, implied, statutory, or arising by custom, trade usage, or course of dealing.
We do not represent or warrant that your use of the Site will be uninterrupted, timely, secure, error-free, or that any products will be available for purchase when you want to buy them or the prices listed on the Site today (as we are free to change those prices at any time without notifying you).
Other exclusions and limitations are stated in the Mosie Baby Limited Product Warranty, which is incorporated into and made a part of these terms of service. Without limiting the foregoing, our liability for any damages or losses related o your use of the Site, purchase, and use of any of our Products, or anything else related to your relationship with Mosie Baby generally is subject to an absolute cap equal o the amount you paid us to purchase the relevant Products.
Because some states or jurisdictions do not allow certain exclusions and limitations, you may have additional rights. Please consult an attorney if you believe that is the case.
You agree to indemnify, defend, and hold Mosie Baby, and each of its officers, employees, members, managers, service providers, agents, representatives, affiliates, and each of their successors and assigns (collectively, "related parties"), harmless from all costs, claims, judgments, and other damages of every kind (including costs and attorneys' fees), threatened or asserted by any third party arising from or related in any way whatsoever from your use of the Site or purchase or use of Products. This indemnity is intended to apply to the greatest extent possible, including if a third party alleges that Mosie Baby or its related parties were negligent and under every other theory of culpability, except if a court or arbitrator with appropriate jurisdiction makes a final ruling that Mosie Baby was grossly negligent or committed intentional misconduct. Mosie Baby may, at your expense, assume the exclusive defense and control of any matter for which you are required to provide indemnity hereunder, and you agree to cooperate with Mosie Baby's defense thereof.
Applicable Law and Disputes
Any dispute or claim relating in any way to your use of the Site or purchase or use of Products is governed in all respects by the laws of the State of Texas without regard to its conflict of laws principles.
If you and Mosie Baby are unable to resolve a dispute that is related in any way whatsoever to the Site or our Products, you agree to participate in one day of non-binding mediation in Austin, Texas, with a sole mediator mutually selected by you and Mosie Baby.
If you and Mosie Baby are unable to resolve a dispute through non-binding mediation, the exclusive means for resolving that dispute is Open Arbitration performed by National Arbitration and Mediation (namadr.com).
You and Mosie Baby will split the cost of the mediator, arbitrator, and mediation and arbitration facilities. However, you and Mosie Baby will each be responsible for other own respective costs, including attorney's fees, preparation fees, and travel costs. Further, the prevailing party in the arbitration is entitled to reimbursement of all their reasonable attorneys' fees and other costs in respect of arbitration.
Mosie Baby may bring suit in court for injunctive relief, including for a temporary restraining order or temporary or permanent injunction (as available), without first participating in mediation and arbitration as required under these Terms of Service.
If any term in these Terms of Service is deemed to be unenforceable by a court or arbitrator with appropriate jurisdiction, that term will be replaced with a term that most closely matches the intent of the original term, and the remainder of these Terms of Service will continue in full force.
Any failure by you or Mosie Baby to act concerning a breach by the other is not a waiver of the right to act concerning that breach later. A waiver of a breach of these Terms of Service must be in writing and will only apply to the specific waiver indicated and not any subsequent or similar breaches.
Unless you later agree to other written terms when purchasing a Product from us, these Terms of Service are the entire agreement between you and Mosie Baby concerning your use of the Site and purchase and use of Products.
Changes to these Terms of Service
We may change these Terms of Service at any time. You can review the most current version of these Terms of Service at any time. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates on this page (https://mosie-baby.myshopify.com/pages/mosie-baby-mosie-llc-terms-of-service). It is your responsibility to check this page periodically for changes. If you use or access the Site or purchase any Products after we post changes to these Terms of Services, you will be deemed to have accepted those changes.
Schedule 1. Terms and Conditions
1. You are shopping on a merchant’s website (the “Merchant”).
2. If you place a Qualifying Customer Order, the Product(s) that you are purchasing will be sold first by the Merchant to Passport Global Inc (“Passport”), and then by Passport to you under these Terms and Conditions. Your payment information, shipping address, and any additional information required or requested to complete your order will be shared directly with Passport and its nominated agents and contractors, in order to enable Passport to complete your Qualifying Customer Order.
3. Your Qualifying Customer Order is subject to: (1) these Terms and Conditions; and (2) any relevant terms and conditions imposed by the Merchant. By completing your purchase, you confirm that you have read and agree to be bound by all of these. By placing a Qualifying Customer Order on the Merchant’s website, you understand and agree that:
3.1 You are dealing with and providing your information to Passport. Passport may contact you about your order.
3.2 If there is an error in the price listed for a Product on the Merchant’s website, or in the price applied to the product during the sale of and processing of your order for the Product, Passport and its nominated agents are entitled to contact you, correct the price, and/or cancel your order.
3.3 The Merchant remains responsible for handling payment for your order.
3.4 Once your payment is processed, ownership in the items will shift from Passport, to you.
3.5 Certain addresses will be ineligible for shipment, such as PO box addresses.
3.6 Passport may refuse service, refuse to process or complete Qualifying Customer Orders, remove or edit content, or cancel such orders for any reason or for no reason, in its sole discretion.
3.7 If you are under the age of majority in the jurisdiction in which you reside, approval of your parent or guardian is required to complete your purchase.
3.8 You authorise Passport and its nominated agents and contractors to perform any of the following activities in connection with the delivery of any Products: (i) to act as your agent to make and file customs declarations and all related actions as your direct representative, which expressly includes completing any documents, amending product or Harmonised System codes, and paying any duties, taxes or penalties required under applicable laws and regulations; (ii) to act as forwarding agent for customs import and export control purposes solely for the purpose of designating a customs broker to perform customs clearance and entry; and (iii) to redirect an order to your customs broker or other address upon request by any person whom Passport’s nominated agents and contractors believe in its reasonable opinion to be authorised.
4. Currency. You may select your preferred payment method and currency from a list of options available at the time of checkout. Please note that the relative value of currencies may vary, and as a result, the actual purchase price for items in your order may vary based on the currency selected.
5. Billing. If you use a payment card or other electronic form of payment as your payment type, the charges to your account for your order will be subject to the Merchant’s terms and conditions.
6. Shipping. Items in your order may be shipped via a single shipment, or via multiple shipments. If items in your Qualifying Customer Order are shipped via multiple shipments, or if your order is only partially filled and shipped, you will only be charged for those items that are actually shipped to you.
7. Chargebacks, Fraud Prevention and Void Transactions. For your protection, Passport may use various fraud prevention protocols and policies, and industry-standard verification systems, to reduce fraud and minimize chargeback risks. You must comply with such protocols and policies, including card authentication, and “ship to” and “bill to” address verification. Once an order is placed, you may not change any authenticated payment information or any verified “ship to”/“bill to” address. If there is a systemic error which results in the processing or acceptance of a transaction for which authorisation has been declined, that transaction will be void.
8. Customer Service and Returns. Questions or complaints about your order should be directed to the Merchant in the first instance. Passport may work with the Merchant as necessary to resolve your issue. The Merchant is authorised to allow for returns or refunds on orders in accordance with the Merchant’s policy, including to reimburse you for the original sales prices of Products returned to the Merchant’s nominated address. Passport may however refuse any return requested if a restriction applies to the item for which the return is requested. You accept that your sole remedies are against the Merchant. Where a return by the Customer is authorised by Passport or the Merchant, Passport shall also have the right to return the item to Merchant and accordingly the Merchant shall issue a credit note to Passport and Passport shall provide a credit note to the Customer, and Passport’s direction, ownership and risk in the Products for return shall pass directly to the Merchant. Where a return is authorised by Passport or the Merchant, the Merchant shall, at Passport’s direction and acting in its name, provide a credit note to the Customer to the extent of the value of the Product(s) authorised to be returned directly to the Merchant. In relation to any return of Products to the Merchant, you authorise Passport and its nominated agents to act on your behalf, and to recover for its own account, any import duties and taxes. If required, you will sign any such document that is reasonably required to facilitate the return of the Products and the recovery of any import duties and taxes.
9. General Terms. The following general terms apply whenever you place a Qualifying Customer Order through the Merchant’s website:
9.1 Compliance with Applicable Laws. You certify that any Products purchased through a Qualifying Customer Order will not be imported, exported, sold, or transferred in violation of any applicable laws, including without limitation the United States Export Administration Regulations or applicable United States sanctions and embargoes administered by the United States Treasury Department, and equivalent statutes, regulations and codes of England and Wales or the EU. It is your responsibility to know the laws of the country into which you are importing any Products that you order from the Merchant’s website. By placing a Qualifying Customer Order you certify that the import of the Products you have ordered to the country of the shipping address you have provided does not violate any laws or regulations of that country.
9.3 Electronic Communications. When you place a Qualifying Customer Order through the Merchant’s website, you are communicating with Passport electronically, and you consent to entering into this agreement by electronic means, and to receive communications from Passport electronically/via email.
9.4 Modifications. You acknowledge that Passport may make changes to its system, policies, and these Terms and Conditions at any time. Passport will ensure that the current version of these Terms and Conditions is presented every time you make a Qualifying Customer Order on the Merchant’s website. You are responsible for reviewing these Terms and Conditions each time you make a Qualifying Customer Order. If you do not agree to any change in the Terms and Conditions, you must not complete your order. Any order placed after the effective date of a change will constitute your agreement to the change and to the current Terms and Conditions .
9.5 Severability. If any or any portion of these Terms and Conditions is found to be invalid, void, or for any reason unenforceable, that term or portion of terms will be severed, and will not affect the validity and enforceability of the remaining terms.
9.6 Proceedings. Any action or proceeding arising out of or relating to these Terms and Conditions must be brought in the courts of California, United States, and you hereby irrevocably agree to the jurisdiction of the courts of California, United States for all such purposes.
9.7 Language. The parties have agreed and expressly requested that this agreement and all documents related to it be drawn up in English.
9.8 Definitions. “Member State”, “third country” and “third territories” as defined in Article 5 of Council Directive 2006/12/EEC. “Products” means those goods offered for sale via the Merchant’s website which are not of a class or description subject to any duty of excise whether or not those goods are in fact chargeable with that duty, and whether or not that duty has been paid on those goods, or prohibited or restricted goods were they to be imported into the UK, and which are not subject to any restrictions on export, sale, or transfer in violation of any Applicable Laws. “Product Prices” means the prices including VAT at the appropriate rate of the Products as held out for sale to Customer by the Merchant and accordingly, by Passport to Customer; and “Product Price” means the price of an individual Product. “Qualifying Customer Order” meets all of the following conditions:
(A) It is an order for Product or Products placed via the Merchant’s website which are to be transported from:
a third country or territory, excluding Northern Ireland (“NI”), to an address in a Member State of the EU (e.g. USA to France);
a third country or territory, excluding the UK, or from a Member State of the EU to an address in Great Britain (e.g. Germany to England); or
a third country or territory, excluding NI, to an address in NI (e.g. USA to NI); and
(B) In relation to the transport of a Product or Products to an address:
in Great Britain or NI, the total intrinsic value of the Product or Products comprising that order does not exceed £135 (one hundred and thirty five) British Pounds Sterling, or where Products comprising an order exceed that sum but are sent in separate consignments, the intrinsic value of each consignment of which the Product or Products form part does not exceed £135 (one hundred and thirty five) British Pounds Sterling; and
in a Member State of the EU, the total intrinsic value of the Product or Products comprising that order does not exceed €150 (one hundred and fifty) Euros, or where Products comprising an order exceed that sum but are sent in separate consignments, the intrinsic value of each consignment of which the Product or Products form part does not exceed €150 (one hundred and fifty) Euros.