Terms of Service

1. User Agreement

By accessing the website at https://newdawnkids.com (“the Site”), you are agreeing to be bound by these terms of service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. By accessing and/or using this site you represent and warrant that you have the right, authority and capacity to enter into the agreement and to abide by the terms of service. The materials contained in this website are protected by applicable copyright and trademark law. By using this Site, you represent that you are at least the age of majority in your state or province of residence.

2. Using the Site

  • When you sign up to the Site and create an account, a password will be generated by you and it is your sole responsibility to keep it confidential and secure. You agree to defend, indemnify and hold the Site harmless for losses incurred due to someone else using your account as a result of your failure to use reasonable care to safeguard your password. The Site is not responsible for any loss or damages that result from your failure to maintain the security of your account and/or password.
  • You are prohibited from transmitting any program, code, virus or other item of a destructive nature. Furthermore, you must adhere to all laws of your particular jurisdiction; moreover, any illegal or unauthorized purpose is strictly prohibited. The prohibition noted in these terms is subject to the law of your jurisdiction. You are fully and solely responsible with knowing what activities are permitted in your jurisdiction.
  • You agree to not reproduce, duplicate, copy, sell, resell or exploit any portion of the Site, use of the Site, or access to the Site without the express written permission of the Site. The name, trademark, symbol, or representation of the New Dawn Kids brand is protected by applicable copyright and trademark law.
  • The Site retains the right to use any account information other than your credit card information. *Credit Card or Debit information is always encrypted*. All transmission and storage of information by the Site, is governed by the Privacy Policy.
  • The Site is and will be the sole body determining which activity, content, usage is deemed destructive in nature. A breach of any term in this Agreement will result in taking action, including possible termination of your account and legal action.
  • You will not access the Site through automated or non-human means, whether through a bot, script or otherwise.

3. Terms of Sale

  • All Products and services listed on the Site are subject to change, including but not limited to: product information, pricing, and availability. The Site reserves the right, at any time, to modify, suspend, or discontinue any Site feature or the sale of any product with or without notice. You agree that the Site will not be liable to you or to any third party for any modification, suspension, or discontinuance of any Site feature or Product. In the event that a product is listed at an incorrect price or with incorrect information, the Site shall have the right, prior to the acceptance of your order, to decline or cancel any such orders, whether or not the order has been confirmed and/or your credit card or PayPal account charged. If your credit card or PayPal has already been charged for the order and we cancel your order, we will issue a refund to your credit card account or PayPal account for the amount of the charge.
  • Your receipt of an order confirmation or charging your credit card/PayPal account via the Site does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline or cancel your order (in whole or in part) for any reason. We may require additional verifications or information before accepting any order. Your order is not accepted until it is shipped in whole or partially. Notwithstanding the foregoing, you agree that, if we cancel all or a part of your order, your sole and exclusive remedy is that we (a) issue a credit to your credit card or PayPal account in the amount charged for the cancelled portion (if your credit card has already been charged for the order) or (b) not charge your credit card or PayPal account for the cancelled portion of the order.
  • Any delivery dates provided by the Site or Site Support are estimates. There are many regional and global factors affecting the delivery time that are out of our control. We will always do our best to make sure the delivery arrives in a timely manner, but cannot possibly guarantee this. We reserve the right to make deliveries in several packages, even if there was one order made. You will receive an email once your order has been shipped, and you may review your order and shipping information via a tracking link.
  • Returns and Refunds: our refund and return policies are outlined in the Refunds, Returns, and Exchanges policy.
  • We make every effort to display products as accurately as possible, including but not limited to: colours, features, and specifications, however, we do not guarantee that these details of the products will be accurate, complete, reliable, current, or free of other errors. In addition, your electronic display may not accurately reflect the actual colours and details of the products.
  • All products are subject to availability, and we cannot guarantee that items will be in stock. We reserve the right to discontinue any products at any time for any reason. Prices for all products are subject to change.

4. Disclaimer

  • The materials on New Dawn Kids’ website are provided on an ‘as is’ basis. New Dawn Kids makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
  • Further, New Dawn Kids does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.
  • Affiliate disclaimer: the Site could publish affiliate links from time to time, and the Site could make a small commission if those links are followed and/or purchases made. This fact does not affect our reviews or recommendations, as we strive to keep our recommendations real and objective for the true benefit of our users.
  • Any use of a services offered via the Site is at the sole discretion and responsibility of the user. We cannot guarantee a positive experience with any service that is not our own, and we encourage any user to carry out due diligence before any registration, purchase or any other dealings.

5. Limitations

In no event shall New Dawn Kids or its suppliers be liable for any damages arising out of the use or inability to use the New Dawn Kids’ website. You expressly acknowledge and agree, to the extent permitted by law, that the Site and its parent, partners, subsidiaries, affiliates, officers, directors, agents, and employees, shall not be liable for any direct, indirect, incidental, special, consequential, exemplary, tangible, or intangible damages resulting from the use of or inability to use the Site, or as a result of any purchases made. Furthermore, to the extent permitted by law, the Site or its suppliers shall not be held liable for incidental or consequential damages arising out of or in connection with its site, its services, its products or this agreement. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

The Site does not manufacture, store or inspect any of the items offered on our Site. It is the sole responsibility of the user to ensure that any products or services purchased are age appropriate, safe, used correctly and that all interaction with any product is always supervised by an adult.

6. Accuracy of materials

The materials appearing on New Dawn Kids’ website could include technical, typographical, or photographic errors. New Dawn Kids does not warrant that any of the materials on its website are accurate, complete or current. New Dawn Kids may make changes to the materials contained on its website at any time without notice. 

7. Links

New Dawn Kids has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by New Dawn Kids. Use of any such linked website is at the user’s own discretion.

8. Modifications

New Dawn Kids may revise these terms of service for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these terms of service.

9. Waiver & Complete Agreement

These Terms, together with the Refunds, Returns and Exchanges Policy, Shipping & Deliveries Policy, and Privacy Policy, constitute the entire User Agreement and represent the entire agreement between the Site and you, superseding any and all preceding agreements. The failure of the Site or its officers to exercise or enforce any right or provision of the User Agreement shall not constitute a waiver of such right or provision. Any waiver of any provision in this Agreement will be effective only if in writing and signed by a duly authorized representative of the Site or its related companies. 

10. Intellectual Property Rights of others

The Site does not have, nor does it claim to have, any intellectual property rights over the content, depictions, images or designs provided or uploaded from its vendors, in relations to products sold on this Site or products promoted. Vendors who uploaded the Content are solely responsible for the Content. Vendors represent that they have all necessary right to Content and that they are not infringing or violating any third party’s rights by posting it.

By posting content through our Site, vendors grant the Site a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of content to promote the Site in any method and through any channels, including but not limited to: third-party websites, social media or advertising media.

11. Our Rights

The Site grants you a license to reproduce content from the Site for personal use only. This license is worldwide, non-exclusive, non sub-licensable, and non-transferable. If you want to use, reproduce, modify, distribute, or store any of this content for a commercial purpose, you need prior written permission from the Site or the relevant copyright holder. A ‘commercial purpose’ means you intend to use, sell, license, rent, or otherwise exploit content for commercial use, in any way.

If your actions create any third party legal action against us, or break any of the promises you make in this agreement, you agree to defend, indemnify, and hold us harmless from all liabilities, claims, and expenses (including reasonable attorneys’ fees and other legal costs) that arise from or relate to your use or misuse of the Site. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to this indemnification clause, in which case you agree that you’ll cooperate and help us in asserting any defenses.

12. DISCLAIMER

New Dawn Kids provides a platform for clothes, toys, accessories, and homeware by curating said products for children on behalf of third-party Suppliers. For all our products we advise strict parental supervision.

As a matter of policy, all products curated are intended only for the use of children three (3) years old and above. Products may contain small parts which could be a choking hazard for children below three (3) years old.

You understand and acknowledge that by purchasing products for children, it is the responsibility of the parent/s or legal guardian/s of the child to determine the appropriate and suitable products for their child. While New Dawn Kids is committed to providing safe toys from safe third party Suppliers to the public, it disclaims any and all liability arising from the mishandling of products, wrong usage, or lack of parental supervision.

TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

If you have additional concerns or questions, we encourage you to contact us directly by emailing us at hello@newdawnkids.com.