PLEASE READ THESE TERMS AND SERVICE CONDITIONS CAREFULLY BEFORE USING THE SITE AND SERVICES.
BABYSTEALS TERMS AND SERVICE CONDITIONS
1.1 These Terms and Service Conditions (the Terms) govern your use of our website located at www.babysteals.com.au (the Site) and form a binding contractual agreement between you and Babysteals Pty Ltd ACN 153 338 053 as trustee for the BabySteals Unit Trust and its affiliates (collectively Babysteals). For that reason, these Terms are important and you should ensure that you read them carefully and contact us with any questions before you use the Site and Services.
1.2 By viewing or browsing the Site or using the Services, you acknowledge that you have had sufficient chance to read and understand these Terms and that you agree to be bound by these Terms.
1.3 You warrant that you are at least 18-years-old and you are legally capable of entering into binding contracts in Australia. We reserve the right to take legal action and seek compensation for such losses from a minor’s parents or guardians if the minor causes an order to be placed and for any loss or damage we suffer as a result of a transaction entered into by a minor.
1.4 If you do not agree to these Terms as stated, you may not use the Site and the Services offered on the Site.
In these terms:
Content means any and all data, text, software, images, audio or video material and other content, in any medium, provided by BabySteals to you;
Intellectual Property means all intellectual property rights, including all copyright, patents, trade marks, design rights, trade secrets, domain names, know-how and other rights of a similar nature, whether registrable or not and whether registered or not, and any applications for registration or rights to make such an application;
Services mean the online trading platform provided by BabySteals that allows participating Third Party Sellers to sell Products to Users. This includes Services currently offered by BabySteals and any Services that BabySteals may choose to offer in the future;
Third Party Seller means a company or person, trading separately from BabySteals, who uses the Site and Services to offer Products to Users;
Third Party Seller Content means any and all data, text, software, images, audio or video material and other content in any medium produced and provided to the Site by a Third Party Seller;
Products mean the products, services or promotional offers offered by Third Party Companies to Users using the Site and Services;
User means a person who gains access to the Site and Services, whether as a registered user or a casual website browser;
User Generated Content means any and all data, text, software, images, audio or video material and other content in any medium produced and provided to the Site by a User, including any Product reviews or feedback;
You means you, the person using the Site and Services in your capacity as a User or Third Party Seller; and
Us, We, and Our means Babysteals Pty Ltd ACN 153 338 053 as trustee for the BabySteals Unit Trust.
3. USER'S OBLIGATIONS.
3.1 Users acknowledge and agree to use independent judgment in using the Site and Services. Blogs, galleries or messages are not professional advice. The use of the Site and Services should not be considered a substitute for due diligence, sound personal judgment or professional advice. In particular, you should not consider information contained in blogs, galleries, messages, Third Party Seller Content or User Generated Content to be a substitute for consultation with medical, psychiatric, psychological, tax, legal, investment, accounting, financial, or other competent professional advisors licensed to practice in your jurisdiction. If you submit any User Generated Content, you are assumed to be soliciting or giving general information, not professional advice. For professional advice, you must consult a qualified, licensed professional in your jurisdiction.
3.2 Users acknowledge and agree that BabySteals does not control Third Party Seller Content or User Generated Content which are made available through our system. Please use caution and common sense when using the Site and Services. Furthermore, our Site and Services do not specify, determine, endorse or recommend any product or service or provider described in any Third Party Seller Content or User Generated Content, their quality, safety, conformance or legality.
3.3 Users acknowledge that BabySteals is under no obligation to review any and all of the Content, Third Party Seller Content, User Generated Content, Products, and any other materials added or displayed on the Site and Services. You agree that BabySteals is therefore not responsible for the Content, Third Party Seller Content, User Generated Content, and Products.
3.4 Users acknowledge and agree that you have sole responsibility for adequate security protection and backup of data and/or equipment used in connection with your usage of the Site and Services.
4. USER'S REGISTRATION REQUIREMENTS.
4.1 Before being able to use the Services, you must register as a User of the Site by providing us with accurate, complete and updated registration information and agreeing to these Terms.
4.2 Users agree not to:
- (a). register for, activate or use more than one account;
- (b). use a false or misleading address or e-mail address to activate or use an account;
- (c). present or supply false or misleading information to any entity involved in the Services;
- (d). register for an account on behalf of an individual other than yourself; or
- (e). register for an account on behalf of any group or entity without such group or entity’s written authorisation.
4.3 Any duplicate accounts are subject to cancellation.
5. USER'S TERMINATION AND CANCELLATION.
Users acknowledge and agree that your membership with BabySteals is subject to and conditioned upon the following:
5.1 Users must keep all account information current at all times. If we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your use of the Site, the Services or any portion thereof.
5.2 Failure to follow these Terms constitutes grounds for immediate termination of your membership without further notice, at our sole discretion. Termination of your membership will result in termination of all rights of access and use granted to Users including, but not limited to, any credits applied to your account. In addition, Users whose accounts have been terminated may not access our Services or the User portion of the Site in any manner, or for any reason.
5.3 Users may not knowingly permit or allow any other person to use their account, including any former Users whose membership has been terminated.
5.4 BabySteals reserves the right to periodically monitor your use of the Services and the Site and may request at any time that a Users provide proof in order to verify the accuracy of information provided by the Users at the time of registration or anytime thereafter.
5.5 BabySteals may, in our sole discretion, terminate or suspend any membership in and/or access to all or part of the Service and the Site for breach of these Terms, or taking actions that are inconsistent with their intent. We shall be the sole determiner in cases of suspected abuse, fraud, or breach of these Terms or intent of these Terms. Any decision we make relating to termination or suspension of any member’s account shall be final and binding.
5.6 Users may cancel membership at any time.
5.7 In the event that your membership, account or subscription is terminated or cancelled, we will not refund any fees paid to us.
6. MEMBER CONDUCT.
6.1 Users may not transfer or share their account details with anyone. You are solely responsible for maintaining the confidentiality of your account details. You agree to immediately notify us of any unauthorised use of your Account Credentials or any other breach of security.
6.2 Users agree not to abuse the Services by conduct that is detrimental. Without limiting the foregoing, Members shall not:
- (a). activate or use more than one account;
- (b). use an automated system, device or program or other similar method to use the site;
- (c). manipulate or interfere with the Services or any affiliated program in any way;
- (d). present false or misleading information;
- (e). assist another individual or entity in conducting fraudulent, abusive, manipulative or illegal activity; or
- (f). restrict or inhibit any other User or Users from using the Site or Services.
6.3 Any User suspected of engaging in any fraudulent, abusive, manipulative or illegal activity may have their account suspended or terminated, and the User may be referred to appropriate law enforcement agencies if such action is deemed warranted by us.
7. USER RESPONSIBILITIES.
7.1 Users acknowledge and agree that they are solely responsible for engaging in due diligence before purchasing any Products. Users are solely responsible for researching the company and the Products for sale to determine whether or not making the purchase is a sound financial decision. This includes, but is not limited to, the following:
- (a). whether the company provides a quality product or service that would be beneficial to the buyer;
- (b). whether the company is solvent, trustworthy, experienced and the type of company the buyers wants to do business with.
7.2 Users agree to the Terms of the purchase. Users acknowledge and agree that every purchase for Products on the Site and Services are governed by a separate terms of purchase. By making a purchase, a User is agreeing to the terms of the deal as set forth in the Third Party Seller Content, including but not limited to:
- (a). the Product to be purchased;
- (b). the price of the Product;
- (c). delivery charges; and
- (d). other terms specific to the particular offer.
8. PRICING, ORDERS AND PAYMENT.
8.1 In the event you make a purchase of a Product through the Site or the Services, you will be required to provide us with your credit card billing information. You agree to pay for all charges accumulated by you on the Site. You acknowledge that you will have sole responsibility for all taxes relating to such order, and you agree to pay all applicable taxes. Once payment is made,, the purchase is deemed final and can no longer be cancelled.
8.2 The prices of products, delivery and other charges shown are in Australian dollars and include GST where applicable.
8.3 Prices are current at time of display but are subject to change.
9. WARRANTY AND RETURNS.
9.1 BabySteals does not represent, warrant, make promises or guarantees about:
- (a). the quality, usefulness or usability of any of the services or products offered by the participating companies; or
- (b). the reputation, solvency, experience or quality of the participating companies.
9.2 All Third Party Seller Content are written by the Third Party Sellers themselves. Users assume the sole risk that:
- (a). the services or products they purchase may not be satisfactory, useful or beneficial;
- (b). the products or services may not be delivered in a untimely or acceptable manner;
- (c). the company itself is in some way unsatisfactory and (vi) the purchase is in some way disappointing, unsatisfactory or damaging.
9.3 Third Party Sellers provide a limited warranty period of fourteen (14) days from receiving the goods for faulty Products only. If you would like to make a return or request a replacement on the basis that the product is faulty, you may do so up to fourteen (14) days from the date the Product is delivered or available for pick up at your local post office if it has not been collected (whichever is earlier). You need to contact BabySteals providing your full name, order number, the product you wish to return and data of purchase and indicating your intention to return or request a replace for the Product. We will then review the request and, if deemed appropriate, provide a refund or request a replacement from the Third Party Seller.
9.4 We do NOT allow change of mind returns, wear and tear, or use for purposes other than the intended purpose, or for any reason or under any conditions.
10. LIMITATION OF LIABILITY AND INDEMNITY.
10.1 Under no circumstances will BabySteals be liable for any damages of any kind including but not limited to direct, indirect, incidental, special, exemplary, or consequential damages, loss of revenues, goodwill or lost profits, personal injury, advertising injury, or property damage that may result from the use or inability to use any service or product offered by the participating companies.
10.2 USERS AGREE THAT IN THE EVENT HE OR SHE SUFFERS ANY TYPE OF DAMAGE OR INJURY (INCLUDING PERSONAL INJURY OR DEATH) AS A RESULT OF THE USE OF OR INABILITY TO USE ANY OF THE SERVICES OR PRODUCTS OFFERED BY A THIRD PARTY SELLER, THE USER’S SOLE RECOURSE WILL BE AGAINST THE THIRD PARTY SELLER OFFERING THE SERVICE OR PRODUCT.
10.3 UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER’S USE OR MISUSE OF OR RELIANCE ON THE SERVICES. ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE. WE WILL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND THIRD PARTY SELLERS OR FOR ANY INFORMATION APPEARING ON THIRD PARTY SELLER OR SERVICE PROVIDER SITES OR ANY OTHER SITE LINKED TO OUR SITE. IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY IN CONNECTION WITH ANY ACT OR OMISSION OF ANY USER. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS SITE OR THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE AND THE SERVICES.
10.4 OUR TOTAL LIABILITY TO YOU FOR ANY PARTICULAR CLAIM ARISING FROM OR RELATED TO THE SITE OR THE SERVICES IS LIMITED TO THE GREATER OF:
- (a). THE AMOUNT OF FEES ACTUALLY PAID BY YOU FOR THE SERVICES WITH RESPECT TO SUCH CLAIM; OR
- (b). FIVE DOLLARS ($5.00).
10.5 NOTWITHSTANDING THE FOREGOING, OUR AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SITE OR THE SERVICES IS LIMITED, IN AGGREGATE, TO THE GREATER OF:
- (a). THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO US FOR USE OF THE SITE OR SERVICES; OR
- (b). FIFTY DOLLARS ($50.00).
10.6 SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT THAT WE MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY IMPLIED WARRANTY OR LIMIT LIABILITIES, THE SCOPE AND DURATION OF SUCH WARRANTY AND THE EXTENT OF OUR LIABILITY WILL BE THE MINIMUM PERMITTED UNDER SUCH APPLICABLE LAW.
10.7 You hereby release us, our subsidiaries, affiliates, sponsors and advertisers, and their respective owners, officers, managers, members, agents and employees from any liability in connection with, and shall indemnify, defend and hold all of them harmless with respect to, any and all costs, claims, demands, investigations, liabilities, losses, damages, judgments, settlements, costs and expenses, including attorneys’ fees arising out of or in connection with your violation of these Terms or any law, rule or regulation. You will cooperate as fully and reasonably as required by us in the defence of any claim.
11. THIRD PARTY WEBSITES.
11.1 The Services may link to other websites, services or resources on the Internet, such as Twitter and Facebook, and other websites, services or resources may contain links to the Services. These websites are not under our control and are not maintained by us. We are not responsible for the content of those sites. We only provide links to external websites as a convenience, and the inclusion of such a link to external websites do not imply our endorsement of those websites. You acknowledge and agree that when you access other websites on the Internet, you do so at your own risk.
11.2 We make no representation about any other website you access through this one. Please understand other websites are independent from our sites so we do not accept responsibility for such websites.
12. INTELLECTUAL PROPERTY.
12.1 Our Intellectual Property:
- (a). Nothing in these Terms constitutes a transfer of any Intellectual Property rights from us to you.
- (b). We own and retain all proprietary rights to the Site, the Services provided through the Site, and all associated Intellectual Property rights, excluding User Generated Content and Third Party Seller Content. You are permitted to use the Services only as authorised by us. As a User, you are granted a limited, non-exclusive, revocable, non-transferable right to use the Site and Services to create, display, use, play, and download Content or User Generated Content subject to these Terms.
- (c). Our Intellectual Property must not be used in connection with a product or service that is not affiliated with us or in any way brings us in disrepute.
- (d). You must not modify the physical or digital copies of any Content you print off or download in any way, and you must not use any illustrations, photographs, video or audio, or any graphics separately from any accompanying text.
12.2 User Generated Content
- (a). You must not add any User Generated Content to the Site:
- (i). unless you hold all necessary rights, licences and consents to do so;
- (ii). that would cause you or us to breach any law, regulation, rule, code or other legal obligation;
- (iii). that is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy;
- (iv). that is unsolicited, undisclosed or unauthorized advertising;
- (v). that are software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
- (vi). that would bring us, or the Site, into disrepute; or
- (vii). that infringes the Intellectual Property or other rights of any person.
- (b). You agree to keep all records necessary to establish that your User Generated Content does not violate any of the requirements under clause 12.1 and make such records available upon our reasonable request.
12.3 Users and Third Party Sellers retain ownership of the Intellectual Property and proprietary rights in any User Generated Content and Third Party Seller Content. These Terms do not prevent you front granting non-exclusive rights to use User Generated Content or Third Party Seller Content to others.
12.4 We are under no obligation to regularly monitor the accuracy or reliability of User Generated Content and Third Party Seller Content appearing on the Site or using the Services. We reserve the right to modify or remove any User Generated Content and Third Party Seller Content at any time.
12.5 Users hereby grant BabySteals a royalty-free, perpetual license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, play and exercise all Intellectual Property rights without limitation with respect to User Generated Content or Third Party Seller Content worldwide or to incorporate User Generated Content in other works in any media now known or later developed for the full term of rights that may exist in User Generated Content and Third Party Seller Content.
12.6 Any opinions, advice, statements, services, offers, or other information or User Generated Content and Third Party Seller Content expressed or made available by Users or Third Party Sellers are those of the respective author(s) or distributor(s) and not of BabySteals.
13.1 Any dispute, controversy, or claim arising out of, relating to, or concerning the interpretation or performance of these Terms, or related to the use of our service, that cannot be resolved through negotiation shall be submitted to binding arbitration by a neutral arbitrator to be selected mutually by the parties.
13.2 If the parties cannot agree on an arbitrator, the parties will petition the court to appoint an arbitrator. Such arbitration shall occur in the country of Australia.
13.3 Any judgment rendered by the arbitrator may be entered in any court having jurisdiction thereof. By agreeing to binding arbitration, all parties hereby waive their right to a jury trial and the right to appeal.
14.1 You agree that we may, at any time and at our sole discretion, with or without cause or any notice to you, terminate your access to the Site and Services, and/or your registration, or suspend or block your access to the Site and Services.
14.2 We may terminate or suspend your access to the Site if there is a failing to make any required payments or fees. If you subsequently want your account to be reinstated, you must pay all monies due and owing to us including any applicable costs or charges. You may then have to open a new account as all your data may have been deleted, archived, or lost.
14.3 We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection therewith.
14.4 If applicable law requires us to provide notice of termination or cancellation, we may give prior or subsequent notice by posting it on the Site or by sending a communication to any address (email or otherwise) that we have for you in our records.
15.1 By using the Site, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on the Site.
15.2 You acknowledge that all contracts, notices, information and other communication we may provide electronically comply with any legal requirements that such documents are in writing.
15.3 Notice will be deemed received and properly served immediately when posted on the Site, 24 hours after an email is sent, or 3 days after the date of posting any letter. As proof of service, it is sufficient that:
- (a). For letters, the letter was properly addressed, stamped and placed in the post; and
- (b). For emails, the email was sent to the specified email address.
16. NO WAIVER.
16.1 If we fail, at any time, to insist upon strict performance of your obligations under these Terms, or if we fail to exercise any of the rights and remedies we are entitled to under these Terms, this will not constitute a waiver of such rights or remedies and it will not relieve you from compliance with your obligations.
16.2 If we waive a default, it does not constitute a waiver of any subsequent defaults.
16.3 No waiver is effective unless it is expressly stated by us to be a waiver and is communicated to you in writing as per clause 12.
17. FORCE MAJEURE.
We shall be under no liability to you in respect of anything that, if not for this provision, would or might constitute a breach of these Terms, where this arises out of circumstances beyond our control, including but not limited to:
- (a). Acts of god;
- (b). Natural disasters;
- (c). Sabotage;
- (d). Accident;
- (e). Riot;
- (f). Shortage of supplies, equipment, and materials;
- (g). Strikes and lockouts;
- (h). Civil unrest;
- (i). Computer hacking; or
- (j). Malicious damage.
If any court decides that any of the provisions of these Terms are invalid, unlawful or unenforceable to any extent, that term will, to that extent only, be severed from the remaining terms. The rest of these Terms will continue to be valid.
19. ENTIRE AGREEMENT.
19.1 These Terms, and the documents expressly referred to in them, constitute the entire agreement between you and BabySteals, and supersede all previous discussions, correspondence, negotiations, previous arrangements, understanding or agreement between us relating to the Services.
19.2 We each acknowledge that, in entering into these Terms, neither of us relies on, and subsequently will have any remedies for, any representation or warranty that is not set out in these Terms.
20. GOVERNING LAW.
These Terms is governed by the laws of the State of Victoria, Australia and each party submits to the jurisdiction of the courts of the State of Victoria, Australia.
21. UPDATES TO THESE TERMS.
21.1 We reserve the right, in our discretion, to correct any errors or omissions in any part of the Site and Services. We may restrict access to parts or the entire Site and Services at any time, including, but not limited to, Content, certain features and Services, hours of availability, and equipment needed for access or use, without notice or liability.
21.2 Any material on the Site and Services may be out of date at any given time and we are under no obligation to update such material.
21.3 We reserve the right, in our sole discretion, to change, modify, add or remove any part of these Terms, in whole or in part, at any time. Notification of the changes to these Terms will be posted on the Site and will be effective immediately, unless expressed otherwise.
21.4 It is your sole responsibility to periodically check these Terms for any changes. If you do not agree with any of the changes to these Terms, it is your sole responsibility to unsubscribe from the Site and Services. Your continued use of the Site and Services will be deemed as your acceptance thereof.
21.5 We may assign or sublicense any of our rights or obligations under these Terms at any time, without obtaining your consent.
Terms last updated on: 21/11/2012