TERMS AND CONDITIONS – USE OF WEBSITE AND TERMS OF SALE
Last updated: December 2019 The website www.babyology.com.au and the associated sites and applications (“Site“) is owned and operated by Kinderling Digital Media Pty Ltd trading as Babyology (“Babyology” or “we”, “us” and “our”)
We run a variety of business activities, including kids radio, podcasts, childcare information, booking 1:1 parent consultations with experts and other educational activities.
The terms and conditions for the use of the Site as well as the terms upon which we supply our products to you are explained below (“Terms”).
By using the Site or ordering a product, you agree to be legally bound by these Terms.
1. Use of the site
You must only use the Site in accordance with these Terms and any applicable laws.
You are solely responsible for the activity that occurs on your account and you must keep your password secure. We are not responsible for any unauthorised activity on your account. We may refer suspicious to the relevant authorities. You must not use another person’s account without their or our express permission. If you suspect or become aware of any unauthorised use of your Account or that your password is no longer secure, you must notify us immediately. We make no warranties or representations about the availability and accessibility of the Site and we make no warranties or representations in relation to the content of any third party website linked to or from our Site.
2. Information on this Site
All intellectual property on the Site are either owned by or licensed to us. You must not reproduce, transmit, communicate, adapt, distribute, sell, modify or publish or otherwise use any of the material on the Site, except as permitted by law or with our written consent. Some information about products on the Site is based on material provided by third party suppliers and manufacturers. Except as required by law (including the Australian Consumer Law) we are not responsible for inaccuracies or errors caused by incorrect information supplied to us or by these third parties. It is possible for a variety of reasons that some products may differ slightly from the way they appear on the Site.
3. Interaction with the Site
By submitting content to Babyology through comments posted on the website, or by contributing other information or material to Babyology, you grant Babyology a royalty-free, unrestricted, world-wide, perpetual, non-exclusive right and license to use, reproduce, modify, adapt, publish, or distribute such contributed content. In order to keep discussions on Babyology interesting and civil, you must adhere to the following guidelines:
· In contributing comments or other information on Babyology, you must not post any of the following material: – material which threatens or abuses others, or which is defamatory or libellous, or which is invasive of another’s privacy; – material which the user does not have the right to
post, including the proprietary material of any third party; – material which advocates illegal activity or discusses an intent to commit an illegal act; – material for advertising or commercial solicitation; or – material which is vulgar, obscene, pornographic, or indecent; and
· You must keep all comments relevant to the particular article to which the comment is posted. If you have any further questions regarding this information please contact us using this form.
4. Placing orders and formation of contract
When you place an order (for example, to participate in a third party provided expert consultation), you must follow the instructions on the Site as to how to make your order and for making changes to your order before you submit it. Unless otherwise stated all charges are in AUD. You must pay for the order in full at the time of ordering by one of the payment methods we provide on the Site. You must be entitled to use the payment method or account that you use to place orders on the Site. We reserve the right to obtain validation of your payment details before providing you with the product. If you discover that you have made a mistake with your order after you have submitted it, please contact us immediately. However, we cannot guarantee that we will be able to amend your order in accordance with your instructions. When you place an order, you will receive an email confirmation from us. A contract between us for the purchase of the goods or service will be formed at this time, subject to the cancellation terms set out below. We may in our discretion refuse to accept an order from you for any reason, including but not limited to unavailability of stock or service providers or we suspect that you might on sell our products to other consumers. If we or you have cancelled your order, we will promptly refund any payment already made by you to your original payment method.
5. Cancellation or Changes to Orders
Changes or cancellations by you
Where an appointment for a service is made through the Site, the following terms apply (unless a different set of terms is set out at the time of making the appointment, in which case those terms will prevail over these terms):
· Changes to or rescheduling of appointments can be done via email@example.com or as otherwise notified from time to time.
· You may cancel an appointment up to 72 hours before the scheduled appointment. If you do so, you will receive a full refund or credit (at your election), less any booking or card fees.
· You may reschedule an appointment at any time, up until 24 hours before the schedule appointment. If you reschedule an appointment, you will receive a full credit towards the new appointment, which must take place within three months of the original date of purchase.
· Any changes to appointments made after your first reschedule will incur an administrative fee of $15 per change.
· If you cancel (or wish to reschedule) with less than 24 hours before the scheduled appointment, or do not attend the scheduled appointment, you will forfeit all fees paid.
Changes or Cancellation by third party service provided
Some services are provided by a third party service provider. If our nominated third party supplier is unable to attend the scheduled appointment, you will be given the following options:
· You may opt to choose a different third party. In this case we will endeavour to honour your original booking time. If we are unable to honour your original booking time we will liaise with you to find another suitable time;
· Reschedule the appointment with your chosen expert at no charge to you; or
· You will be given the option to cancel the appointment and receive a full refund.
6. Delivery of Products and Provision of Service
We will do our best to deliver the products or provide the relevant service to you at the place and at the time indicated by you when placing the order, but we cannot guarantee any firm delivery dates. We will try to let you know if we expect to be unable to meet our estimated delivery date but to the extent permitted by law, we will not be liable to you for any losses, costs, damages or expenses arising out of late delivery. You acknowledge that certain services
are provided by a third party supplier, and to the extent permitted by law, we accept no liability for that third party’s provision of their service (e.g. sleep advice) and we make no representations or warranties about the availability, effectiveness or reliability of such service. You acknowledge that the nature of many such services (e.g. sleep consultation) are dependent on many variables and neither we, nor the third party trainer, can guarantee any particular results.
7. Order Cancellation
We may terminate a contract if the product or service is not available for any reason. We will notify you if this is the case and return any payment that you have made. We will usually refund any money received from you using the same method originally used by you to pay for the product. If you wish to cancel your order promptly after it has been placed, please contact us. No cancellation fees will apply. Once an order has been processed it cannot be cancelled and the item must instead be returned to us in accordance with the returns policy
This clause prevails over all other clauses, and, to the extent permitted by law, states our entire liability, and your sole and exclusive remedies, for the performance, non-performance, purported performance or delay in performance of these Terms. Nothing in these Terms excludes or limits your statutory rights as a consumer or our liability for fraud, death or personal injury caused by our negligence, any breach of the obligations implied by law, or any other liability which cannot be excluded or limited by applicable law. In performing any obligation under these Terms, our only duty is to exercise reasonable care and skill. To the extent permitted by law, we do not warrant and we exclude all liability in respect of the accuracy, completeness, fitness for purpose or legality of any information accessed using the Site, including any information provided by third party sponsors or advertisers on the Site. We exclude all liability of any kind for the transmission or the reception of or the failure to transmit or to receive any material of whatever nature. You should not rely on any information accessed using the Site to make a purchasing decision – you should make your own enquiries before forming your own opinion and taking any action based on any such information. It is your responsibility to ensure that the products are sufficient and suitable for your purposes and meet your individual requirements. We do not warrant that the products will meet your individual requirements. You acknowledge that the products are standard and not made bespoke to fit any particular requirements that you may have. To the extent permitted by law in no event shall we, our affiliates and related entities or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with the Site, our services or these Terms. Our total liability under any contract shall in no circumstances exceed the value of the product (or cost of repair of the product).
You indemnify and hold us and our related entities, affiliates, and our and their respective officers, agents, and employees, harmless from and against any and all claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including reasonable legal fees, made by any third party due to or arising out of your breach of these Terms or your breach of any law or the rights of a third party.
These Terms contain all the terms agreed between the parties regarding its subject matter and supersedes and excludes any prior agreement, understanding or arrangement between the parties, whether oral or in writing. No representation, undertaking or promise shall be taken to have been given or be implied from anything said or written in negotiations between the parties prior to these Terms except as expressly stated in these Terms. However, the service and products are provided to you under our operating rules, policies, and procedures as published from time to time on the Site.
We will not be liable for any breach of our obligations under these Terms where we are hindered or prevented from carrying out our obligations by any cause outside our reasonable control (or by any damage caused by any of such events).
If any provision of these Terms is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and where capable the validity and enforceability of the remaining provisions of these Terms will not be affected. These Terms will be governed by and construed in accordance with the law of New South Wales and both parties hereby submit to the jurisdiction of the courts of New South Wales.
If you would like to contact us in relation to these Terms please contact us at: · Email: firstname.lastname@example.org
· Post: The Parent Brand, Unit 8, 43 Bridge Road, Stanmore NSW 2048
We may update these Terms from time to time. Amendments will be published on our web page at www.babyology.com.au