TERMS OF SERVICE

TERMS AND CONDITIONS

1. GENERAL

This website at www.babyliving.com.au includes a shopping function where you can browse, select and order products advertised on the Site from us. ”We”, “us” and “our” means Baby Living ABN 73 654 383 234. Please read these terms and conditions before accessing or using the Site. If you are under 18 years of age, then you must obtain your parent or guardian’s consent before accessing and using the Site. Your access to and use of the Site, including your order of Products through the Site, is subject to these terms and conditions.

2. LINKS

The Site may contain links to external websites that are not operated by us or our related bodies corporate. We do not make any endorsements or representations about those websites, including in relation to the accuracy or completeness of information contained within those websites. These links are provided for your convenience only and you agree that:

• we make no representations or warranties, and do not have any responsibility or Liability, in relation to those websites;
• these links do not indicate, expressly or impliedly, that we endorse the websites or the products or services that are provided at those websites; and
• you access and use the products and services made available at those websites solely at your own risk.

3. INTELLECTUAL PROPERTY

You :

• acknowledge that the copyright in the Site, the software, design, text and graphics comprised in the Site, the selection and layout of the Site and the content and materials on the Site (together, the “Materials”) are owned by or licensed to us;
• must not modify, copy, adapt, store in a retrieval system, reproduce, upload, post, transmit, sell, distribute in any way or communicate to the public any Material without our prior written consent; and
• must not frame or embed in another website any of the material appearing on the Site without our prior written consent.

This Site contains registered trademarks and other trademarks which are protected by law. You must not use any of the marks or trademarks appearing on the Site or our name or the names of our related bodies corporate without our prior written consent. You must not use any of the other company, product and services marks on the Site that are owned by other third parties (including our suppliers) without obtaining the relevant third-party owner’s consent.

4. PRIVACY POLICY AND YOUR PERSONAL INFORMATION

Refer to our Privacy Policy, which forms part of these Terms and Conditions.

5. VIRUSES

We do not claim that any information (including any files) obtained from or through the Site is free from viruses, worms, defects, trojan horses or similar disabling or malicious code or other faults or defects (“Viruses”).

You are responsible for scanning any information obtained from or through the Site for Viruses. You agree that, to the extent permitted by law, we have no responsibility or Liability to you or any other person for any loss or damage (whether direct, indirect, consequential or economic), regardless of cause, whether in negligence (including in tort), equity, under statute or otherwise, which may be the direct or indirect result of any Viruses or any such information.

If we are found to be Liable in connection with any Viruses or information made available on or through the Site, to the extent permitted by law, our Liability will be limited to the cost of supplying the information again.

6. DISCLAIMER

The information contained in on the Site is provided in good faith on an "as is" basis. We do not represent or warrant the reliability, accuracy or completeness of the information contained on the Site.

To the extent permitted by law, you agree that we have no responsibility or Liability to you or any other person for any loss or damage (whether direct, indirect, consequential or economic), regardless of cause, whether in negligence (including in tort), equity, under statute or otherwise, which may be the direct or indirect result of any errors in, or omissions from, the information on or accessed through the Site. However, we will endeavour to correct any inaccuracies on the Site once we become aware of them.

Illustrations and photos contained on the Site are sample representation of the Products, and minor variations may occur from time to time.

7. COMPLIANCE WITH THESE TERMS AND CONDITIONS

You agree to bound by, and comply with, these terms and conditions by:

• using the Site;
• completing your registration through the Site; and/or
• obtaining or ordering Products from the Site.

8. CHANGES TO THESE TERMS AND CONDITIONS

If you have an order that has been accepted by us, the terms and conditions that will apply to that order are the terms and conditions that applied at the time you placed your order. We cannot vary the terms and conditions which apply to a given order after that order is accepted by us.

Despite the preceding paragraph, we may change these terms and conditions at any time, and such modifications will be effective as soon as they are posted. By continuing to use the Site after these terms and conditions have been modified, you agree to be bound by the changes to these terms and conditions.

9. REGISTRATION

You may complete the customer registration process through the Site before placing an order for Products through the Site.

You may not have more than one active account, and your account is non-transferable. You may update, edit or terminate your account at any time through the Site.

10. PLACING AN ORDER FOR PRODUCTS

You may order Products by selecting and submitting your order through the Site in accordance with these terms and conditions.

Any order placed through the Site for a Product is an offer by you to purchase the particular Product for the price notified (including the delivery and other charges and taxes) at the time you place the order.

We may ask you to provide additional details or require you to confirm your details to enable us to process any orders placed through the Site.

You agree to provide us with current, complete and accurate details when asked to do so by the Site. All goods ordered and purchased from the Site must be intended for personal non-commercial use only.

From time to time, we may restrict the quantity of Products which can be purchased in one order/ transaction, or by one person, household or address during a particular period of time. Any quantity restrictions will be stated on the online product page, in advertising materials or otherwise advised by us.

Pre-Orders

Pre-orders are often advertised in advance of us ordering and/or receiving the stock and if you purchase a Product during a Pre-Order you will be required to pay upfront to secure the Product.

During the Pre-Order sales period, we can only provide an estimated delivery time. Once the Product arrives, all Pre-Orders are prioritised and shipped out as soon as possible.

Should you purchase a product via Pre-Order and a product in stock, both items will be delivered together at the same time once the Pre-Order has arrived.

11. ACCEPTANCE OR REJECTION OF AN ORDER

We reserve the right to accept or reject your order for any reason, including (without limitation) if the requested Product is not available, if there is an error in the price or the Product description posted on the Site or order or if we deem the order to be in violation of the Product quantity restrictions.

Each order placed for Products through the Site that we accept results in a separate binding agreement between you and us for the supply of those Products. For each order accepted by us, we will supply the Products in that order to you in accordance with these terms and conditions.

If we reject an order placed through the Site, then we will endeavour to notify you of that rejection at the time you place the order or within a reasonable time after you submit your order.

12. CANCELLING AN ORDER

Cancellation by us

Prior to the dispatch of an order, we may cancel all or any part of an order (including any orders that we have accepted) without any Liability to you for that cancellation if:

• any or all of the requested Products in that order are not available; or
• there is an error in the price or the product description posted on the Site in relation to the relevant Product in that order; or
• that order has been placed in breach of these terms and conditions.

If we cancel an order, then we will endeavour to provide you with reasonable notice of that cancellation, and will not charge you for the cancelled order if we cancel it before the delivery date or if you are not at fault or in breach of these terms and conditions.

Cancellation by you

Prior to the dispatch of an order, you may cancel all or any part of an order (including orders that we have accepted), however if the product has been dispatched via our courier company then you must pay for the costs incurred including return delivery and a re-stocking fee. Refer to our Returns page for additional information.

13. PRICE

The prices of Products and delivery and other charges displayed on the Site are current at the time of issue. We reserve the right to change prices at any time before we accept an order from you.

All prices shown on the Site are in Australian Dollars (AUD).

All fees and charges identified in these terms and conditions and all prices for the Products as shown on the Site are inclusive of GST (unless otherwise indicated).

The purchase price of each Product is shown on the product list on the Site at the time you place your order.

14. YOUR OBLIGATIONS

You covenant and warrant that:

• all information and data provided by you to us through the Site (including as part of the customer registration process) or otherwise is true, accurate, complete and up to date;
• the person receiving the Products at the delivery address is authorised by you to do so;
• you have complied and will comply with all relevant laws relating to your use of the Site and your placement of any order to us;
• you will ensure that your LoginID and password that are used to access the Site and the details of your account are kept in a safe and secure manner;
• you will promptly notify us if you are or become aware that there is or has been an unauthorised use of your LoginID, password or account, or any other security breach relating to your account;
• you will promptly advise us of any changes to your information provided to us as part of the customer registration process;
• you are responsible for any costs associated with your access to or use of the Site, including Internet access fees;
• you are responsible and Liable for any person that uses your LoginID and password to order Product(s) through the Site;
• you agree that we may charge you for all Products that we agree to supply to you that have been ordered using your LoginID and password through the Site; and
• you will check the labels on the Products before consumption or use.

You will not:

• use the Site for any activities that breach any laws, infringe a third party’s rights (including intellectual property rights) or are contrary to any relevant standards or codes;
• use the Site in a manner or way, or post to or transmit to or via the Site any material, which interferes with other users or our other customers or defames, harasses, threatens, menaces or offends any person or which prevents any other person from using or enjoying the Site;
• make fraudulent or speculative enquiries, purchases or requests through the Site;
• use another person’s details without their permission or impersonate another person when using the Site;
• post or transmit on or to the Site any obscene, indecent, inflammatory or pornographic material or any other material that may give rise to civil or criminal proceedings;
• tamper with or hinder the operation of the Site;
• knowingly transmit any Viruses to the Site;
• use any robot, spider, site search and retrieval application or other mechanism to retrieve or index any portion of the Site;
• modify, adapt, translate or reverse engineer any portion of the Site;
• remove any copyright, trade mark or other proprietary rights notices contained in or on the Site;
• reformat or frame any portion of the web pages that are part of the Site;
• create accounts by automated means or under false or fraudulent pretences;
• use the Site to violate the security of any computer or other network or engage in illegal conduct;
• take any action that imposes or that would, in our reasonable opinion, impose an unreasonable or disproportionately large load on our infrastructure;
• use the Site other than in accordance with these terms and conditions; or
• attempt any of the above acts or engage or permit another person to do any of the above acts.

15. TERMINATION AND/OR SUSPENSION OF ACCOUNT

We may immediately suspend, terminate or limit your access to and use of the Site and (where relevant) your account for convenience for any reason at all, or if we reasonably suspect that you have committed a fraudulent act and/or you breach these terms and conditions and:

• the breach cannot be remedied; or
• you fail to the remedy the breach within 10 days of our notice to you of that breach.

16. WARRANTY AND LIABILITY

We accept Liability for all legal guarantees and warranties expressed or implied under the Competition and Consumer Act 2010 (Cth) and any other legislation (such as the Fair Trading Acts (or equivalent legislation) in each State and Territory) the effect of which cannot be excluded.

However, where we are permitted by law, our maximum liability to you in connection with the Products will be to only:

• in the case of services, resupply the services or pay you the cost of resupply; and
• in the case of goods, replace the goods, supply equivalent goods, repair the goods, pay you for the cost of replacing the goods (or of acquiring equivalent goods), or pay you for the cost of having the goods repaired.

Where we are permitted by law (and subject to the previous paragraph):

• we do not warrant or represent the suitability of the Site or a Product for any purpose; and
• we will not be Liable to you for indirect or consequential loss (including without limitation for loss of revenue, loss of profits, failure to realise expected profits or savings and any other commercial or economic loss of any kind) or loss or corruption of data, in contract, tort, under any statute or otherwise (including negligence) arising from or connected to the Site or the Product.

Our Liability to you for loss or damage of any kind arising out of these terms and conditions or in connection with the relationship established by them is reduced to the extent (if any) that you cause or contribute to the loss or damage. This reduction applies whether our Liability is in contract, tort (including negligence), under any statute or otherwise.

Nothing in these terms and conditions is intended to exclude the operation of any provision of the Competition and Consumer Act 2010 (Cth) or any other legislation (such as the Fair Trading Acts (or equivalent legislation) in each State and Territory) which may not be excluded by law.

17. GENERAL PROVISIONS

If the whole or any part of a provision of these terms and conditions is void, unenforceable or illegal in a jurisdiction it is severed for that jurisdiction. The remainder of these terms and conditions has full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected. This clause has no effect if the severance alters the basic nature of these terms and conditions or is contrary to public policy.

These terms and conditions are governed by the laws of Victoria. We and you submit to the nonexclusive jurisdiction of the courts of that place.

DEFINITIONS

In these terms:

GST has the meaning it has in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

Liabilities means all direct and/or indirect liability for: costs; damages; losses; claims, causes of action, accidents; injuries; deaths; and expenses including but not limited to legal fees.

LoginID means the email address that you provided to us as part of the registration process to use the Site.

Product means each good or service that is advertised on the Site.