Happy Baton – Website Terms of Use

Thank you for visiting us at Happy Baton.  Happy Baton Limited is a company incorporated under the laws of the Hong Kong Special Administrative Region (the “Company”, “Happy Baton”, “we,” “us,” or “our”). We operate the website: https://happybaton.com.hk (as may be amended from time to time, the “Website“) as a service to our valued customers and/or any other person who access or use this Website (the “user”, “you” or “your“).  The following few pages sets out the terms of service (“Terms”) which govern your use of our Website.  By using this Website, you agree to follow and be bound by the Terms.  If you do not agree to these Terms, please do not use this Website in any way.

• Toy & Equipment Borrowing Service
  • Happy Baton is an online toy box and equipment subscription which operates a toy and equipment borrowing service (the “Borrowing Service”).
  • Your use of the Borrowing Service via Happy Baton shall also be governed by the specific terms and conditions relating to the Borrowing Service, which can be found here.
  • The specific terms and condition relating to the SNOO Smart Sleeper Bassinet can be found here. 
• Privacy Policy
  • Happy Baton collects important user information in an effort to enhance and personalise each user’s toy subscription experience and use of this Website.  This information allows us to communicate with our users about our products, services and promotions.
  • As part of those efforts, we may contact you or provide you with service-related and/or promotional notices by means of postal mail, electronic mail, general site notifications and/or other similar means using the contact information you have provided to us.
  • We only use your personal information in accordance with our privacy policy, which can be found here.
• Your use of the Website
  • All of the content that appears on the Website, including all visuals, text, audio and video clips are subject to copyright protections and/or other intellectual property rights or licenses held by Happy Baton.  The entire content of the Website is copyrighted as a collective work under Hong Kong copyright laws.  Happy Baton grants you a limited license to access and make personal use of the content on the Website.  Content of the Website is intended solely for the personal, domestic, private and non-commercial use by the users of the Website.
  • We strive to create an interactive relationship with the users of the Website and its services.  To facilitate this, you agree that your comments, feedback, suggestions, concepts, know-how, ideas, and other information or submissions disclosed, submitted or offered to Happy Baton on or by this Website (“User Content”) shall be and remain property of Happy Baton.  Users assign all property rights and interests to Happy Baton allowing the Company unlimited use, commercial or otherwise, of any User Content.  We are free to publish, display, post, distribute and otherwise use any User Content for any purpose including, but not limited to, developing, manufacturing, advertising and marketing Happy Baton and our Subscription Service.  Furthermore, we shall be under no obligation (i) to maintain the confidentiality of any User Content; (ii) to pay to users any compensation for any User Content; or (iii) to respond to any comments or submissions.  We also reserve the right to refuse to accept or refuse or cease to use any User Content that we think contravenes these Terms.
  • We do not guarantee that the Website, or any content on it, will always be available or be uninterrupted.  The information on the Website may contain typographical errors or inaccuracies.  Please note that such errors may relate to product information and/or availability.  In those circumstances, we shall have the right to terminate any toy subscription requests involving such errors or inaccuracies.  We also reserve the right to amend, update, suspend, withdraw, discontinue or change all or any part of the Website (including any of its content) at any time without any prior notice. We will not be liable to you if for any reason the Website is unavailable at any time or for any period.
  • The Website and the content on it are provided for general information purposes only.  They are not intended to amount to advice on which you should rely.
  • We do not guarantee that the Website will be totally secure or free from bugs or viruses.  You are responsible for configuring your information technology, computer programmes and platform in order to access the Website and we recommend that you use your own virus protection software.
  • You cannot access or use the Website for any illegal or unauthorised purpose.  Harassment in any manner or form of the Website, including via e-mail and chat or by obscene or abusive language, is strictly forbidden.  It is a strict violation of these Terms to use any information obtained from the Website in order to harass, abuse or harm another person, or in order to contact, advertise, solicit or sell to any user without his/her prior explicit consent.
  • You agree that you will not use the Website in any way that breaches these Terms or any applicable local, national or international law, rule or regulation.
  • You agree that you will not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other similar material which is malicious or technologically harmful, and you will not attack the Website via a denial-of-service attack or a distributed denial-of service attack.  You also agree that you will not attempt to gain unauthorised access to the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
  • You further agree that:
    • no comments or other user submissions submitted by you to the Website will violate any right of any third party, including copyright, trademark, privacy or other personal rights;
    • no comments submitted by you to the Website will be or contain libellous or otherwise unlawful, abusive or obscene material;
    • no comments or other user submissions submitted by you to the Website will promote or condone terrorism, violence or illegal behaviour;
    • you are and shall remain solely responsible for the content of any comments you make on (or submit to) the Website;
    • you will not modify, decompile or reverse engineer any software supplied as part of, or in connection with, the Website;
    • you are not permitted to use this Website by automated means or otherwise for the purposes of scraping, extracting or otherwise obtaining any material from the Website for use within a third-party website or application;
    • you will not use the Website for any unlawful or unauthorised purpose (which includes transmitting any computer viruses through the Website or using the Website in a manner which is discriminatory, offensive, abusive, malicious, defamatory or otherwise violates or infringes the rights of anyone else);
    • you will not copy, or otherwise reproduce or re-sell any part of the Website unless expressly permitted to do so in these Terms; and
    • you will not do any act or thing that might damage, disrupt or otherwise interfere with the operation of the Website or any equipment, network or software used in operating the Website.
• Your account and password
  • You will need to register an account with us on the Website in order to access certain services available on the Website (“Account“).  If you register an Account, you will be asked, amongst other things, to provide certain information (such as your email address) and to create a password.  You must treat your password as confidential and you must not disclose it to any third party.  You are responsible for any unauthorised use of your Account login details.
  • Happy Baton reserves the right to disable any Accounts and/or passwords, at any time, if in our reasonable opinion you have failed to comply with any of these Terms.
  • If you know or suspect that anyone other than you (or anyone to whom you have provided your Account login details) knows your Account login details, you must immediately notify us at [email protected]
• Our use of the Website
  • We may use and promote services provided by outside third parties.  However, we do not control these services and make no representations regarding these persons or entities.  We are not liable or responsible for the accuracy, completeness, timeliness, reliability or availability of, any such parties.  Outside sites linked on our Website, all of which have separate privacy and data collection practices, are only for your convenience and therefore you access them at your own risk.  
  • All content, products and services on the Website, or obtained from a website to which the Website is linked are provided to you “as is”, “with all faults” and “as available”, without any guarantees or warranty, and you further acknowledge that Happy Baton disclaims all warranties and representations of any kind, whether express, implied or statutory.  In connection with all content, products and services on this Website, we make no warranties of any kind, either express or implied including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose, title, non-infringement, security or accuracy.  Use of the Subscription Service by a user is at the user’s risk.
  • We are not responsible or liable for any loss or damage of any sort incurred as a result of any dealings with any third-party website or merchant or operator of such a third-party website.  We assume no responsibility for the content such third-party websites (including links to our commercial sponsors and partners).  Such links should not be interpreted as endorsement by us of those linked websites.  We will not be liable for any loss or damage that may arise from your use of them.
  • We may collect web data to monitor user trends on our Website.  Analytical data such as hits to our server, traffic patterns and page views shows us where our audience is coming from and how they interact with us online.  This type of collected information does not personally identify specific users.  In addition, the Website may utilize customary tracking technologies to help us study the actions of our users through non-personally identifiable information.  This data may be aggregated with similar data collected from other users to help us improve our services and your overall Website experience.
  • We may also from time to time contract with third-party advertising partner(s) to serve ads on our behalf across the internet and sometimes on this Website.  Such advertising partner(s) may collect and use anonymous information about your visits to (and interactions with) our Website through the use of technologies such as cookies to personalize advertisements for goods and services.
  • We may also share your personally identifiable and/or your non-personally identifiable information, including your name, address, email address, and any transactions you conduct on our Website with one or more third-party advertising partner(s) and their service providers in order to deliver you advertising tailored to your interests when you visit certain other websites. 
  • We will never rent or sell your e-mail address.  We do not share credit card information with third parties except for the purpose of processing your subscription payments and as required by law.  If for any reason you choose to access a third-party website linked to our Website, you do so at your own risk.  We shall not be held responsible for how these outside parties collect, use, protect or disclose the information you provide them.

• Intellectual Property
  • We are the owner or licensee of all intellectual property rights in the Website and its content, the “Happy Baton” name and mark, the “Happy Baton” Teal colour (RGB colour code #008080) and Happy Baton images and packaging.  Those works are protected by intellectual property laws and treaties around the world.  All such rights are reserved.
  • You are not granted any right to use, and may not use, any of our intellectual property rights other than as set out in these Terms.  You must not use the Website (or any part of it or its content) for commercial purposes.
  • No part of the Website including, without limitation, the text, designs, graphics, photographs and images contained in it, may be copied, reproduced, republished, uploaded, re-posted, modified, transmitted or distributed or otherwise used in any way for any non-personal, public or commercial purpose without our prior written consent.
  • Any communications or materials you send to us through the Website by electronic mail or other means will be treated as non-proprietary and non-confidential (other than communications in respect of your subscription order if you subscribe to the Subscription Service).

• Limitation of Liability and Indemnity
  • Happy Baton shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages that result from the use of, or the inability to use, the materials and services on this Website or the products (if any) provided to you as part of your use of the Subscription Service.
  • We only supply the Website and the Subscription Service for domestic and private use.  You agree not to use the Website, or any content on the Website, for any commercial or business purposes and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
  • By use of this Website, you agree to indemnify and hold Happy Baton (and its officers, directors, agents, subsidiaries, joint ventures, and employees) harmless from any claim or demand, as well as losses, expenses, damages and costs, resulting from any violation of these Terms or any activity related to your Account (including negligent or wrongful conduct).

• Suspension and termination
  • If you breach any of these Terms, we may immediately do any or all of the following:
    • issue a warning to you;
    • temporarily or permanently remove any User Content uploaded by you to the Website;
    • temporarily or permanently withdraw your right to use the Website;
    • suspend or terminate your Account;
    • issue legal proceedings against you for reimbursement of all costs resulting from the breach (including, without limitation, reasonable administrative and legal costs);
    • take further legal action against you;
    • disclose such information to law enforcement authorities as we reasonably deem is necessary or desirable to do so; and/or
    • take any other analogous actions which we reasonably deem as necessary or desirable under the relevant circumstances.
  • You also agree that we may, at any time and for any reason, change, terminate, limit or suspend this Website or the Subscription Service (in whole or in part) or your access to the Website or your use of the Subscription Service.  Upon any termination, your rights to use the Website or the Subscription Service will immediately cease.

• Modification of these Terms
  • It is at our sole discretion that Happy Baton may make changes to these Terms from time to time to better serve our users.  
  • Please check back regularly to review any new modifications that have been made to ensure that you understand the Terms that apply at the time that you access and use the Website.

• Other important information
  • Each of the clauses of these Terms operates separately.  If any court or relevant authority decides that any of these Terms are unlawful or unenforceable, the remaining clauses shall remain in full force and effect.
  • If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that does not mean that we have waived our rights against you and does not mean that you do not have to comply with those obligations.  If we do waive a default by you, we will only do so in writing, and that does not mean that we will automatically waive any later default by you.

• Governing law and jurisdiction
  • These Terms are governed by and construed in all respects according to the laws of the Hong Kong Special Administrative Region.
  • Any and all disputes, controversies or conflicts arising from or in relation to your access to (and use of) the Website and/or your use of the Subscription Service shall, as far as possible, be settled amicably by the parties.

If you have any reasons for a complaint, we will endeavour to resolve the issue and avoid any re-occurrence in the future.  You can contact us by clicking here or by using the following details:
Email Address: [email protected]

Thank you.

Last update: Aug 2020