Terms & Conditions
Nextmom (subsequently called “The company” or “We”) provides this website and its services for your use, subject to all the following terms and conditions, and all other relevant laws and regulations. Your access to and your use of our website, our servers, services or other contents, as well as any information connected to this website is conditional upon your acceptance in full of the terms as hereinafter indicated. We thus advise that you fully and carefully read these terms and conditions before using our website and services.
If you are not in complete agreement with any of our provisions, you must not visit nor use the Nextmom website in any way.
You also accept that we reserve the exclusive right to modify, add to or delete from these terms and conditions. You are advised to check back on this page frequently for modifications, as your use of the website post any modification of these terms shall be taken as your acceptance in full of those changes.
We also reserve the right to change, permanently delete or temporarily remove the website or any portion of it without having to notify you or any other user. You hereby agree that we shall not be legally answerable to you for any such change, deletion and/or removal.
HOW NEXTMOM WORKS
The Nextmom website is owned by and operated by Nextmom LLC, a Philippines limited liability company. Our website allows for both the sales and the purchase of secondhand baby gear such as baby carriers, high chairs, strollers, car seats, bassinets, playards and travel beds. Sellers can sell their merchandise at Nextmom for a commission, while buyers can find gently used baby gear at great prices. We thus offer both buyers and sellers of secondhand baby gear a platform to meet for the purpose of selling and purchasing secondhand baby gear products and other related merchandise.
ACCEPTABLE USE OF THE SITE
This website is provided by for both personal and commercial use of individuals who have reached the legal age of 18 or are older. We also grant the use of the website to people who have reached the legal age of consent in their jurisdiction, if this is lower than 18. For all eligible users, we grant a limited, rescindable, nonexclusive, nonassignable, and nonsublicensable license to access and use Nextmom in compliance with these terms and conditions.
You may under no circumstances whatsoever license, transmit, distribute, or publish the website or any of its content for money-making purposes without our express written permission.
USER ACCOUNTS AND PASSWORDS
To be able to use most portions of our website, you must be able to form legally binding contracts. You will also have to undergo a registration process, during which we will ask you to choose a username and password. It is your personal responsibility to safeguard the security of your username and password. You alone bear the full responsibility for any unauthorized use of your account or password.
You must uphold current, complete, and accurate information under your account, and bear personal responsibility for all activities that transpire under your account.
You may only possess one account, except otherwise permitted by Nextmom in writing.
You acknowledge that all content on this website, including the website's design, text, graphics, formatting, pictures, images, sound, software and other resources and information, and the collection and arrangement thereof are the property of Nextmom or its licensors, and are subject to and protected by Philippines copyright, international copyright as well as other intellectual property laws and rights. All rights to content not definitely granted in these terms and conditions belongs to their individual intellectual property right proprietors.
Except as explicitly authorized in this agreement or on the website, you may not duplicate, reproduce, share out, republish, download, post, transfer, use, produce unoriginal works or use any of the materials without the written permission of Nextmom or the particular intellectual property rights holder. Nextmom authorizes you to view and download the content only for private, non-public use, provided that you keep all copyright and other ownership notices present in the original content intact. You may not modify or adjust the content in any way or otherwise use them for any public or commercial purposes.
You hereby consent to Nextmom’s use of any concepts, commentaries, or information that may be within any communication that you may send to us or through the website, without expecting any reimbursement to you, or acknowledgement that such content originated from you. We may use your user content for any purpose whatsoever, including without limitation for the development, manufacture or advertisement of products and services, and for the amendment or revision of the website or other services or products.
While the copyright to content submitted by you remain yours, by uploading content to our website, you grant us a worldwide, non-exclusive and payment-free license to use, dispense, alter, replicate, translate, publish, adjust, publicly perform and or display such content (in full or partly), and to use such user generated content in any medium or format now known or later developed.
THIRD PARTY WEBSITES
We may from time to time provide third parties links to other websites and resources for your convenience. You must not take the inclusion of any such links as our recommendation or approval of the content, procedures, products and/or services, of that linked website. You access and use such third-party websites at your own informed risk. We however recommend that you check third party websites’ policies before using them.
To continue to gain access to the Nextmom website, you hereby consent to abide by the following rules:
- You are not to delete or remove any trademark, proprietary notice or copyright from any portion of our website. Furthermore, you are not to submit content that violates third party rights, including trade secrets, copyrights, trademarks, patents, and privacy or publicity rights.
- You are not to link to, frame, or mirror any portion of our website and services.
- You must not use data gotten from our website to contact third parties, other users or organizations.
- You are prohibited from intentionally introducing Trojans, logic bombs, viruses, worms or any other malicious or technologically injurious software to the website.
- You must not upload any content which in our opinion is deemed religiously-provocating, ethnically biased, or that is sexual orientation- or gender-biased.
- Any content that you upload must not violate any local, state, federal, or international law.
- You are not to attempt to gain unauthorized access to or disable any part of our website and its related systems.
- You must not upload any content which in our opinion is deemed indecent, slanderous, disparaging, illegal, vile, ill-mannered, menacing, or embarrassing to any other person or entity.
- You are not to introduce ads and/or spam links to other websites, or ask for solicitations, without the prior permission of Nextmom.
- You may not use the website to advertise chain letters or pyramid schemes.
- You are prohibited from forging headers and from manipulating identifiers in a bid to disguise the origin of any content that you broadcast through the website.
- You may not access the Nextmom website via automated means in a quest to harvest other users’ personal data without our prior permission.
- Your uploaded content should never disrupt the normal flow of dialogue; or interrupt the Nextmom website, servers and/or networks that are connected to the service.
- You may not submit any false, inappropriate, or misleading user content.
- You are barred from uploading, posting, or transmitting any user content that you have no right to upload, transmit, or upload under law.
- You are not to upload any content that impersonates any entity or individual, including without limitation a Nextmom official, or misleadingly state or deliberately misrepresent your affiliation with an entity or person.
SALES TERMS FOR SELLERS
Below are our terms of sales for sellers. By making secondhand baby gear available for sale on the Nextmom website, you accept these terms and consent to being bound by them.
- Products: You may sell your own secondhand baby gear and other related products on our website. You may not under any circumstances sell or offer items unrelated to secondhand baby gear.
- Pricing information: All prices are quoted by Nextmom in Philippine pesos.
- Taxes/customs and other charges: You are responsible for declaring your own taxes to the appropriate government authorities.
- Commission: We shall charge a commission of 20 percent excluding shipping on every sale made by you through the website.
- Payout: Payout to all sellers will be done in 7 to 10 working days after the 48 hour return period.
- Return and refunds: In the case of a legitimate return by a customer who purchased an item you put up for sale, we will issue such a buyer a full refund within 7 to 10 days of return through the original payment method. This amount will be debited/removed from your account, if we have credited such.
- Pricing: Except if Nextmom specifically states so, all the baby gear listed on our website are priced in Philippine pesos.
- Payment method: We allow payment by credit cards.
- Product description: We advise that you carefully read every product description before placing your order for that product. You do this with the full understanding that the products that we sell have been previously used and are not brand new. To this end, their product descriptions may include certain faults and nicks that are peculiar to them. This means that two products of the same kind may have very different product descriptions. By placing your order for a specific product, you fully agree to be bound by the peculiar conditions of sale that is included in that specific product description.
- Colors: We have tried to display the colors of the baby gear products that appear on nextmom.ph as accurately as possible. You understand that there may be a difference in the colors that you see on your device and the color of actual products, and this depends on your device’s ability to accurately communicate color. Nextmom will not be held liable for differences between the device color and actual color of product.
- Order Cancellation: You may cancel your order within 48 hours of ordering. We will return any payments already made by you. You however agree that we will be unable to honor cancellation orders after more than 48 hours of dispatching and shipping of item back to Nextmom will be shouldered by you unless there is product description discrepancy. We from our end may also cancel your order if we suspect any fraudulent transaction by you; or if the ordered item is unavailable for any reason. We will inform you by email of any order cancelation by us, and will re-issue credit in the amount of the charge should your order be cancelled after we have received your payment.
- Delivery: Nextmom will dispatch your order within 24 hours of receiving your order.
- Shipping and customs: You understand that our price is exclusive of shipping and customs fee. You will bear full responsibility for any shipping and customs fee associated with your order.
- Inspection of products: You must inspect your purchased products upon receipt, and we will consider you to have accepted delivered products unless you notify us of an order cancelation and/or you return the products in accordance with our return policy. Nextmom will not be compelled to accept any rejection of bought products at a later date if you take no such action.
- Return and refunds: We accept returns for 48 hours with you shouldering the shipping fees unless we mistakenly sent you the wrong product or if the product you receive does not match the product description, in which case we will shoulder the shipping fees. We will under no circumstances shoulder shipping returns for products that match the product description, even if it does not meet your standards upon close inspection. If you qualify for a refund based on the 48 hour return period, our policy is to issue a full refund within 7 to 10 working days of return through the original payment method.
- Lost/destroyed merchandise: We do not sell damaged items. Once your order is dispatched, we do not offer refunds for merchandise that gets lost or destroyed in transit. We only accept items returned in the same condition as when it was dispatched.
DISCLAIMERS AND LIMITATION OF LIABILITY
WE PROVIDE THE NEXTMOM WEBSITE ONLY ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO WARRANTY NEITHER DO WE MAKE ANY REPRESENTATION OF ANY KIND, BE IT DIRECT OR OTHERWISE, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF SUITABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCEPTABLE QUALITY, NON-INFRINGEMENT, COMPATIBILITY, PRECISION AND SAFETY. YOU ACCESS AND USE THE WEBSITE AND OUR SERVICES AT YOUR OWN RISK.
WE MAKE NO REPRESENTATIONS AS TO THE CONTINUITY OF THE WEBSITE AND SERVICES OR THAT IT WILL BE FREE OF ERRORS, THAT MISTAKES WILL BE CORRECTED OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE VIRUS-FREE OR FREE FROM ANY OTHER HARMFUL OR DESTRUCTIVE COMPONENTS.
TO THE FULLEST DEGREE ALLOWED BY LAW, NEXTMOM WILL NOT BE LEGALLY RESPONSIBLE FOR ANY DIRECT, INDIRECT OR CONSEQUENTIAL LOSS, HURT OR DAMAGE WHICH WITHOUT RESTRICTION INCLUDES THE LOSS OF BUSINESS, REVENUE, PROFITS, OPPORTUNITY AND/OR INFORMATION CONNECTED WITH OR RELATED TO YOUR USE OF THE NEXTMOM WEBSITE. UNDER THIS AGREEMENT, WE ARE ONLY ANSWERABLE TO THE MAXIMUM EXTENT OF ANY COMMISSION FEES PAID/RECEIVED FOR PRODUCTS SO SOLD AND/OR PURCHASED.
WE WILL NOT HAVE ANY LEGAL RESPONSIBILITY TO YOU OR TO ANY THIRD PARTY FOR ANY EVENT THAT IS BROUGHT ABOUT BY EVENTS THAT ARE BEYOND OUR CONTROL THAT MAY CAUSE SERVICES TO BE DISRUPTED, LATE, OR DEBASED. WE ALSO WILL NOT HAVE ANY LEGAL RESPONSIBILITY TO YOU OR TO ANY THIRD PARTY FOR ANY INJURIES, LOSSES OR DAMAGES OF ANY FORM THAT MAY ARISE IN CONNECTION WITH, OR AS A RESULT OF, USING NEXTMOM.PH.
YOU USE THIS WEBSITE AND ITS SERVICES WITH THE FULL UNDERSTANDING THAT WE DEAL ONLY IN ALREADY USED BABY GEAR. WE THEREFORE WILL NOT BE LIABLE FOR ANY ILLNESSES THAT YOU OR THE USER OF THE SECONDHAND GEAR THAT YOU PURCHASE MAY EXPERIENCE. WE ALSO WILL NOT BE LIABLE FOR ANY DEATH OR PERSONAL INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES EXCEPT IF IT IS PROVEN BEYOND ANY DOUBT IN A COURT OF LAW THAT WE ARE DIRECTLY RESPONSIBLE FOR SUCH.
NOTHING IN THESE TERMS AND CONDITIONS SHALL BE CONSTRUED SO AS TO EXCLUDE OR LIMIT THE LIABILITY OF NEXTMOM FOR DEATH OR PERSONAL INJURY AS A RESULT OF THE NEGLIGENCE OF NEXTMOM OR THAT OF ITS EMPLOYEES OR AGENTS.
IN THE EVENT THAT YOUR JURISDICTION DOES NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, THE ABOVE MAY NOT APPLY TO YOU.
You hereby agree to indemnify and hold Nextmom, its officers, directors, personnel and agents harmless from and blameless of all liabilities, which may include attorneys’ fees and costs, accounting costs and compensations in relation to any claims or legal actions brought against Nextmom arising from your breach of any of these terms or for any other liability that may arise out of your use of the website.
Should one or more terms of these conditions be determined to be invalid, illegal, or unenforceable for any reason whatsoever by a court of competent jurisdiction, both parties agree that such a provision shall be struck so as to become null and void while the remaining provisions shall survive and continue to be enforceable.
These terms and conditions are construed in accordance with the law of Philippines and shall be so governed. You agree to fully submit to the exclusive jurisdiction of its courts.