Mega Points Terms and Conditions

Mega Points Terms & Conditions

PLEASE READ THIS DOCUMENT CAREFULLY! IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU IF YOU REGISTER FOR THIS PROGRAM.

By registering for the Mega Babies Rewards Program (“Mega Points Rewards”), which is offered by Mega Babies Inc., DBA Mega Babies (“Mega Babies”), you acknowledge and agree to be bound by all of the terms and conditions stated herein ss well as policies and procedures that we may adopt or modify from time to time (“Terms”). Accessing your Mega Points Rewards Account and/or participating in Mega Points Rewards confirms your acceptance of these Terms and any such changes or modifications; therefore, you should review these Terms frequently to understand the Terms that apply to Mega Points Rewards. If you do not agree to these Terms, you must stop participating in Mega Points Rewards.  You acknowledge that you received and reviewed these Terms which include an Alternative Dispute Resolution that contains mandatory arbitration, jury and class action waiver provisions.

By joining Mega Points Rewards you agree to us processing your sensitive personal information.  In addition, you also affirmatively consent to our processing personal and/or personal sensitive information of any of your children that you provide. 

1. Eligibility.  Membership in Mega Points Rewards is only open to individuals who are a legal resident of the fifty (50) United States and the District of Columbo, who are the age of majority in the jurisdiction in which they live as of the date of enrollment and have the capacity to enter into a binding contract.  Mega Points Rewards are void elsewhere and where prohibited.  Corporations or other entities or organizations of any kind are not eligible for Mega Points Rewards.
2. Privacy.  Please review our Privacy Policy at  https://www.megababiesusa.com/policies/privacy-policy which governs Mega Points Rewards to understand our practices in connection with the use and protection of your personal information. By enrolling in Mega Points you consent to us sharing your Personal Information, including Sensitive Personal information as set forth in the applicable Privacy Notices.
3. Your Mega Points Rewards Account Registration.  We offer a number of ways to establish your Mega Points Rewards Account (“Rewards Account”).  You will automatically be enrolled  when you provide us with your  first and last name, email address, password, why you are joining (expecting, parent, shopping for gifts) and  child’s birthday/due date and any additional information we may request. This includes, but is not limited to, automatic enrollment during our checkout process if you are shopping on our website, as well as when you create a Gift Registry. We will send you an email with a hyperlink so you can activate your Rewards Account.  Once you’ve responded to the activation email, your enrollment in the Rewards program is complete. Activation of your Rewards Account constitutes acceptance of these Terms. Only the individual named as the primary account holder (the “Member”) will accrue Mega Points and will be entitled to access Rewards Account information. Only one Rewards Account is allowed per person. By participating in Mega Points Rewards, you are responsible for maintaining the confidentiality of your Rewards Account, password      and any other account log-in credentials and for restricting access to your computer or mobile device you use to access your Rewards Account. You agree to accept responsibility for all activities that occur under your Rewards Account or password. Without limiting any other remedies, we may suspend or terminate any Rewards Account if we suspect, in our sole discretion, that you or any other person has engaged in fraudulent activity in connection with this Mega Points Rewards and/or your Rewards Account.
4.  Mega Rewards Existing Customers.  To log-in to your Mega Points Rewards account visit our webpage (https://www.megababiesusa.com/account/login) and click “Log-in” and provide the requested log-in credentials. 
5. Rewards Program

• a.   Earning Mega Points.

 

• Customers will earn Mega Points on the dollar amount that they spend. Purchases made with gift cards, vouchers, promos, etc will not earn Mega Points.
• Mega Points: Mega Points on eligible purchases are added to your Rewards Account automatically when earned.  You will receive a voucher code (which may be in electronic format) that will allow you to redeem your Mega Points.  You can always log into your Rewards Account to obtain your voucher codes.
• Purchases: You earn Mega Points by logging into your Rewards Account and making online purchases once you are logged in or by placing the order with an email address associated with a Rewards Account. If you order by phone, tell us you are a Mega Points Rewards member and provide the same email address associated with your account. You earn 6% back in Mega Points on all eligible purchases that may be used towards your next purchase. Once a purchase is made, Mega Points are earned and are automatically posted to your Rewards Account within 30 days after the purchase. You are responsible for ensuring your Rewards Account is properly credited. Any claim for Mega Points not credited accurately must be received by us within six (6) months of the date of the claimed accrual of said points or such Points shall no longer be valid or useable.
• Product Reviews. You earn $5.00 Mega Points for leaving a review. Reviews may not contain confidential information, use inappropriate language or be false and misleading. Reviews violating these standards will be removed and you will not earn Mega Points for that review (Mega Points that were awarded prior to discovery of the violation will be deducted from the Rewards Account).
• Bonus Mega Points.  We, in our sole discretion, reserve the right to extend Mega Points that would otherwise expire, and/or add bonus Mega Points to Point Accounts at any time. While we reserve this right, we are under no obligation to take either action at any time. 
• Referrals You can earn $20.00 Mega Points for referring a new customer. The customer you refer must make a first-time purchase with us by clicking on your individual link, and the purchase must be at least $30.

b.   Returns. Once Mega Points have been redeemed, the original purchase(s) from which the Mega Points were earned is no longer eligible for return. If you return merchandise that you used Mega Points to purchase, those Mega Points are forfeited. If you return merchandise that earned Mega Points, and you have not yet used those Mega Points, those Mega Points will be deducted from your Rewards Account.  

c.  Ineligible Purchases. Items on sale or discounted products are not eligible to earn Mega Points. Gift cards and open box items are excluded as well.  If using a Mega Babies coupon code, a Mega Points voucher code, or a Mega Babies gift card, Mega Points can only be earned by spending amounts above the coupon, voucher, or gift card.      
d.  Mega Points Expiration.  Mega Points expire twelve (12) months after the order was placed. In addition, we reserve the right to terminate any Reward Account that has not had any activity within twelve (12) months which may result in accumulated points being forfeited.
e.  Redeeming Mega Points    rewards voucher code must be entered online when making eligible purchases to redeem your Mega Points.   Mega Points are only redeemable via the MegaBabiesusa.com website and have no monetary value. Only one voucher may be redeemed per order. Vouchers may not be used together with other discount codes. Amounts that are currently available will be posted within the Mega Points Rewards Account. Mega Points have no cash value.  Vouchers may only be used once. Remaining balance of vouchers used become null and void.

f.  Fraud and/or Other Violations of this Agreement.  Mega Points will be removed from your Mega Points Rewards Account at our sole discretion should we determine that you have engagement in any fraudulent activities related to our products and services or if you have otherwise violated this terms and conditions of this Agreement. We may also close your Mega Points Rewards Account at any time and with or without any reason.

6. Dispute Resolution

READ THIS SECTION CAREFULLY AS IT AFFECTS HOW LEGAL DISPUTES BETWEEN YOU AND US ARE RESOLVED.  IF YOU PARTICIPATE IN MEGA POINTS YOU WILL BE SUBJECT TO BINDING INDIVIDUAL ARBITRATION.

a. Negotiation Prior to Arbitration.

• The parties shall attempt in good faith to resolve any dispute arising out of or relating to this Agreement promptly by negotiation between the parties. Any party may give the other party written notice of any dispute not resolved in the normal course of business. Within 15 days after delivery of the notice, the receiving party shall submit to the other a written response. The notice and response shall include with reasonable particularity (a) a statement of each party’s position and a summary of arguments supporting that position, and (b) the name and title of the executive/primary contact who will represent that party and of any other person who will accompany the executive/primary contact. Within 30 days after delivery of the notice, the parties shall meet at a mutually acceptable time and place.
• Unless otherwise agreed in writing by the negotiating parties, the above-described negotiation shall end at the close of the first meeting described above ("First Meeting"). Such closure shall not preclude continuing or later negotiations, if desired.
• All offers, promises, conduct and statements, whether oral or written, made in the course of the negotiation by any of the parties, their agents, employees, experts and attorneys are confidential, privileged and inadmissible for any purpose, including impeachment, in arbitration or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the negotiation.
• At no time prior to the First Meeting shall either side initiate an arbitration or litigation related to this Agreement except to pursue a provisional remedy that is authorized by law or by JAMS Rules or by agreement of the parties. However, this limitation is inapplicable to a party if the other party refuses to comply with the requirements of Paragraph 1 above.
• All applicable statutes of limitation and defenses based upon the passage of time shall be tolled while the procedures specified in Paragraphs i and ii above are pending and for 15 calendar days thereafter. The parties will take such action, if any, required to effectuate such tolling.

b.  Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in New York, New York before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures pursuant to JAMS' Streamlined Arbitration Rules and Procedures. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. In any arbitration arising out of or related to this Agreement, the arbitrator(s) are not empowered to award punitive or exemplary damages, except where permitted by statute, and the parties waive any right to recover any such damages. In any arbitration arising out of or related to this Agreement, the arbitrator(s) may not award any incidental, indirect or consequential damages, including damages for lost profits. The parties shall maintain the confidential nature of the arbitration proceeding and the Award, including the Hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an Award or its enforcement, or unless otherwise required by law or judicial decision.

c.  In any arbitration arising out of or related to this Agreement, each Party shall pay their own costs, if any, including but not limited to the costs and attorneys' fees reasonably incurred.

d.  JURY TRIAL WAIVER. YOU AND WE AGREE TO WAIVE ANY RIGHT YOU OR WE MAY HAVE TO A JURY TRIAL OR TO THE OPPORTUNITY TO LITIGATE ANY DISPUTE IN COURT.
CLASS ACTION AND CLASS ARBITRATION WAIVER. YOU AGREE TO WAIVE ANY RIGHT YOU MAY HAVE TO BRING A CLASS ACTION OR OTHER REPRESENTATIVE ACTION AGAINST US OR TO PARTICIPATE IN A CLASS ACTION OR OTHER REPRESENTATIVE ACTION BROUGHT BY SOMEONE ELSE. ANY ARBITRATION SHALL BE INDIVIDUAL ARBITRATION, ON BEHALF OF THE NAMED PARTIES ONLY; THERE WILL BE NO CLASS ARBITRATION OR OTHER REPRESENTATIVE ARBITRATION. You agree not to join in a Dispute with anyone other than persons who are joint account owners or beneficiaries on your account.

7. Limitation on Liability. We shall have no liability for any printing, production, typographical, mechanical, or other errors in Mega Points Rewards summaries distributed by us or our agents, for any delay or failure to credit Mega Points to Reward Accounts, or for any failure to provide Reward Account summaries as outlined herein. We reserve the right to invalidate Mega Points from a Rewards Account with notice if we determine in our sole discretion that such Mega Points were improperly credited to your Rewards Account or was obtained fraudulently or otherwise in violation of these Terms. We reserve the right to require proof of accrual of Mega Points and we reserve the right to delay the processing or redemption of any Mega Points, in order to assure compliance with these Terms. Mega Points do not constitute property, do not entitle you to a vested right or interest, and have no cash value. As such, Mega Points are not redeemable for cash, transferable, or assignable for any reason. The sale, barter, transfer, or assignment of any accumulated Mega Points, other than by Mega Babies, is strictly prohibited. Any Mega Points which we deem in our sole discretion to have been transferred, sold, bartered, or assigned in violation of these Terms may be confiscated and/or canceled. Any failure to abide by these Terms or any policies or procedures implemented by us, any conduct detrimental to us, or any misrepresentation or fraudulent activities in connection with Mega Points Rewards, or failure to act in a manner consistent with federal, state, provincial, or local laws, regulations or ordinances, may result, in addition to any rights or remedies available to us in law or equity, in the termination of your participation in Mega Points Rewards, as well as forfeiture of any Mega Points accrued to date, and any other benefits earned in connection therewith, in our sole discretion.

8. Modification, Termination or Extension of Mega Club Terms.
Membership in Mega Points Rewards is offered at our discretion. We reserve, in our sole discretion, the right to modify the Terms, Mega Points redemption values, benefits, rewards levels, conditions of participation, rules for issuing, redeeming, retaining, using or forfeiting Mega Points, and their respective duration or timing, or any other aspect of Mega Points Rewards, in whole or in party, at any time, with or without notice, even if such change may affect the redemption value of the Mega Points already accumulated.
Any changes or modifications will be effective immediately upon posting the revisions to https://www.megababiesusa.com/ pages/mega-points-terms-and-conditions and you waive any right you may have to receive specific notice of such changes or modifications.

9.  Additional Limitation on Liability. MEGA BABIES WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, THAT ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH (A) ANY USE OF MEGA POINTS REWARDS, (B) ANY FAILURE OR DELAY BY US IN CONNECTION WITH MEGA POINTS REWARDS (INCLUDING, WITHOUT LIMITATION, THE USE OF, OR INABILITY TO USE, ANY COMPONENT OF MEGA POINTS); OR (C)THE PERFORMANCE OR NON PERFORMANCE OF MEGA POINTS REWARDS BY US, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of your registration information, whether for breach of contract, tortious behavior, negligence, or under any other cause of action. If, despite the limitation above, we are found liable for any loss or damage which arises out of, or is in any way connected with, any of the occurrences described in the limitation above, then its liability will in no event exceed, in total, the sum of US $100.00. SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY, SO THE LIMITATIONS ABOVE MAY NOT APPLY TO YOU.

10. Disclaimer of Warranties. WE MAKE NO WARRANTY OF ANY KIND REGARDING THE MEGA CLUB, WHICH IS PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ANY REPRESENTATION OR WARRANTY THAT OUR MEGA POINTS WILL BE ERROR-FREE. WE FURTHER DISCLAIM ANY WARRANTY AS TO THE ACCURACY, COMPLETENESS AND TIMELINESS OF ANY CONTENT OR INFORMATION DISTRIBUTED WITH RESPECT TO MEGA POINTS REWARDS. WE EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THIS WARRANTY DISCLAIMER MAY BE LIMITED IN ITS APPLICABILITY TO YOU.

11. Taxes. Determination and payment of tax liability on rewards, including income tax, if any, are your sole responsibility.

12. Miscellaneous

a. Acts Beyond Our Control. Our failure to comply with the Terms because of an act of God, war, fire, riot, terrorism, earthquake, actions of federal, state, provincial or local governmental authorities, or for any other reason beyond our reasonable control, shall not be deemed a breach of the Terms. If any such contingency shall last for more than sixty (60) days, we shall have the right to terminate Mega Points Rewards immediately by giving notice and shall have no further liability to you.
b. Governing Law and Consent to Jurisdiction. The laws of the State of New York, without regard to its conflict of laws principles, will govern these Terms. If you take any legal action relating to your use of Mega Points Rewards or these Terms, you agree to file such action only in the state or federal courts located in New York, New York.
c. No Waiver. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing.
d. No Captions. The headings in these Terms are for your convenience and reference. These headings do not limit or affect these Terms.
e. Complete Agreement. These Terms, together with those items made a part of these Terms by reference, make up the entire Agreement between Mega Babies and you relating to Mega Points Rewards, and replaces any prior understandings or agreements (whether oral or written) regarding Mega Points Rewards. If a court finds any of these Terms to be unenforceable or invalid, those term(s) will be enforced to the fullest extent permitted by applicable law and the other Terms will remain in full force and effect.