babyO Terms of Trade
- Important notice
- Definitions and interpretation
- Description and pricing
- Product reviews
- Online ordering service
- Delivery and risk
- Safety and SIDS
- Right to withdraw
- Returns policy
- Warranties and liability
- Dispute Resolution
- Force majeure
- Entire Agreement
- Our rights
Welcome to babyO! We hope you enjoy browsing our website. It is our policy to be forthright and clear with our customers as to the terms of our business relationship. The terms and conditions set forth on this webpage govern and regulate our commercial relationship with visitors to our website, including but not limited to browsers, members and advertisers. Please read this webpage carefully – it contains important information regulating your access to this website.
Should you not agree with any provisions set out on this webpage, you must immediately leave our website. Access to this website is provided solely to persons who agree to the terms and conditions set out on this webpage wholly and unconditionally. Accordingly, each time you view the content on this website, visit this website, register as a member on this website, purchase products on this website, or make any other use of any part of this website, you confirm your acceptance of the provisions set out on this webpage wholly and unconditionally.
We reserve the right to amend any part of our website without notice – including, but not limited to, the terms and conditions on this webpage – at any time in our absolute discretion. It is your responsibility to ensure you are familiar with the most recent version of this webpage.
This webpage was most recently updated on 13 May 2010.
The following expressions shall have the following meanings in this Agreement:
“Agreement” means the terms and conditions and provisions specified on this webpage;
“Commencement Date” means 13 May 2010;
“Force Majeure Event” means any war, riot, strike, natural or man-made disaster, fault in any communications network or computer equipment, or other circumstance of a similar nature;
“GST” has the meaning given in A New Tax System (Goods and Services Tax) Act 1999 (Cth);
“Intellectual Property” means copyright, patents, designs, trademarks, trade names, goodwill rights, trade secrets, confidential information and any other intellectual proprietary right or form of intellectual property;
“party” means You or Us as the context dictates, and “parties” means both you and us;
“Services” means the online baby product browsing service, online ordering service, and ancillary services provided by this website;
“We”, “Our”, “Us”, and “babyO” are references to Sharon Arnott A.B.N 48872075741 and our address for service of all legal notices is Arnotts Lawyers Jones Bay Wharf, Suite 109, 26-32 Pirrama Road, Pyrmont NSW 2009;
“Website” or “website” means the internet website, the homepage of which is accessible on the World Wide Web via the universal resource locator (URL) of babyo.com.au or www.babyo.com.au;
“Working Day” means a day that is not a Saturday, Sunday or statutory holiday in Sydney, Australia; and
“You”, “you”, “your” or similar means you, in your personal capacity, as a visitor, member or other person who accesses this website for any reason or purpose.
In this Agreement, unless the contrary intention appears:
(a) the clause headings are for convenient reference only and have no effect in limiting or extending the language of the provisions to which they refer;
(b) a cross reference to a clause number is a reference to its subclauses;
(c) words in the singular number include the plural and vice versa;
(d) words importing a gender include any other gender;
(e) a reference to a person includes a partnership and a body, whether corporate or otherwise;
(f) a reference to a clause is a reference to a clause or subclause of this Agreement;
(g) a reference to a subclause is a reference to a subclause of the clause in which that reference is made;
(h) where a word or phrase is given a particular meaning, other parts of speech and grammatical forms of that word or phrase have corresponding meanings;
(i) the recitals to this Agreement form part of the Agreement;
(j) monetary references are references to Australian currency; and
(k) a provision of this Agreement shall not be interpreted against a party merely because that party prepared the provision or was responsible for its preparation.
We have listed on this website, products that we have sourced from our suppliers. The descriptions we have published on our website, are, to the best of our knowledge, accurate representations of the products published on this website. However, we are resellers of the products published on our website and not manufacturers thereof, and accordingly, to the extent possible by law, we take no responsibility for the failure of any product description specified on our website to accurately represent the product referenced.
We reserve the right to modify the product descriptions specified on our website, as well as product pricing, at any time in our absolute discretion. For example, from time to time we may decide to run promotional offers, run sales, apply discounts or otherwise modify product pricing on our website, without notice. However, you are at liberty to sign up for a price alert by clicking on the “Sign up for price alert” hyperlink which appears for each product published on our website.
While we will use our best endeavours to ensure the pricing specified on our website is accurate, we reserve the right to reject any order placed on our website (and refund to you any payment made in respect of that order) should we discover the price advertised for a product on this website is erroneous.
All prices displayed on our website are in Australian Dollars (AUD) and are specified inclusive of GST (if GST is applicable).
Our website provides product review functionality. This enables, and we encourage, visitors to review products we sell on our website. A product can be reviewed by clicking on the review hyperlink which appears for each product published on our website. We will consider reviews which are submitted to our website and we reserve the right to reject reviews which we consider misleading, vexatious or which we consider do not do justice to the goods sold on our website, in our absolute discretion. Additionally, we have incorporated Facebook “Like” functionality onto our website, which enables users on our website to indicate they like particular products, and to comment on those products; and which results in such indication and comments to be published on the user’s Facebook profile, and in relevant Facebook Newsfeeds.
Our online ordering service entitles you to purchase products displayed on our website. Both members and guests on our website are able to purchase our products. Membership provides additional benefits, such as remembering the products in a shopping cart, and not having to repeatedly enter your delivery details each time you make a purchase on our website. Our online ordering service requires you to add products to your virtual shopping cart, enter your delivery details, shipping method and finally, pay for your product via PayPal. Please note we do not record or receive any credit card details made in connection with a purchase made on our website – credit card details are processed by PayPal. Please refer to www.paypal.com.au for details and terms of PayPal’s services.
We will use our best endeavours to deliver purchased products to the address nominated by you at the time of purchase, within the time specified for your selected method of shipping. The time specified adjacent to your nominated shipping method, such as “1 day” or “5 days” is electronically obtained by our website from Australia Post on a real-time basis at the time of purchase. We take no responsibility for any delays in delivery incurred by Australia Post. Accordingly, time is not of the essence in relation to the delivery of products on this website, and you accept full risk in respect of ordered products from the time we deposit your purchased products with Australia Post.
Our website is aimed at providing natural and/or organic baby products, specifically baby bedding and sleepwear. Tragically, babies can be subject to “Sudden Infant Death Syndrome” (SIDS) (otherwise known as “cot death”). SIDS means the sudden, unexpected death of a baby from no known cause. SIDS is the most common cause of death in babies between one month and one year of age. Most babies who die of SIDS are under six months. More babies die of SIDS in winter than in summer.
It is still not clear what causes SIDS. Some factors are thought to work together to reduce the risk of SIDS, but they may or may not help prevent any one SIDS death. Remember, 1999 out of 2000 babies will not die of SIDS. The products we supply, are aimed to be healthy, natural choices that assist babies sleeping. However, given the lack of information in the public domain related to SIDS, we are unable to provide any guarantee that the products sold on our website will not prevent SIDS. For further information please view our Safe Sleeping page at http://www.babyo.com.au/safe-sleeping and visit the SIDS and Kids website at www.sidsandkids.org or phone SIDS and Kids in your State or Territory on 1300 308 307 (from within Australia).
Registration on our newsletter enables registrants to be added to our newsletter database and to receive our newsletters which we dispatch by e-mail from time to time. Newsletter registration may entitle registrants to discounts, first looks at new products and other benefits. Newsletter registrants may unsubscribe from newsletter receipt by clicking the appropriate “unsubscribe” link contained within our newsletters, or by emailing a request to unsubscribe to us at firstname.lastname@example.org.
From time to time we may run raffles on our website. Raffles are subject to the terms and conditions we ascribe to the relevant webpage on which the raffle is described and/or published.
We reserve the right to reject any order placed on our website for any reason in our absolute discretion. In such circumstances we will refund any monies paid in relation to the relevant rejected order.
Subject to our obligations provided by relevant legislation we do not accept refunds or exchanges and purchases are final.
Nothing in this Agreement seeks to exclude or limit any liability which cannot be excluded or limited by law.
Except and to the extent contrary to law, we shall be under no liability to you in respect of any loss or damage (including any consequential, incidental, special, indirect or punitive damages or loss or any loss of profits or other form of economic loss) which may be suffered or incurred or which may arise directly or indirectly as a result of any use of, or access to, our website, or any products purchased from our website.
You hereby warrant that you have not relied on any representation made by us which has not been stated expressly in this Agreement.
You hereby acknowledge that to the extent we have made any representation which is not otherwise expressly stated in this Agreement, you have been provided with an opportunity to independently verify the accuracy of that representation.
You shall at all times indemnify and hold harmless us and our officers, employees and agents (“those indemnified”) from and against any loss (including reasonable legal costs and expenses) or liability incurred or suffered by any of those indemnified arising from any proceedings against those indemnified where such loss or liability was caused by:
(a) a breach by you of your obligations under this Agreement;
(b) any loss or damage incurred by any person or entity directly or indirectly connected with your use of the website;
(c) any wilful, unlawful or negligent act or omission by you; or
(d) any use of your membership account on our website by any person.
Copyright in this website (including without limitation text, graphics, logos, icons, sound recordings, source code and object code and all software and photographs) is owned or licensed to us. Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth), and except as expressly authorised by these terms and conditions, you may not in any form or by any means:
(a) adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this website;
(b) commercialise any information, products or services obtained from any part of this website other than where expressly agreed to the contrary by us in writing,
without our prior written permission.
You acknowledge that the ownership of all and any intellectual property rights in this website belongs to us or third parties. Accordingly, any part of this website (and its source and object code) may not be used, transferred, copied or reproduced in whole or in part in any manner other than for the purposes of utilising this website as reasonably contemplated by this Agreement.
Except where otherwise specified, any word or device to which is attached the ™ or ® symbol is a registered trade mark.
You must not use any of our trademarks:
(a) in or as the whole or part of your own trademarks;
(b) in connection with activities, products or services which are not ours;
(c) in a manner which may be confusing, misleading or deceptive;
(d) in a manner that disparages us or our information, products or services (including this website); or
(e) in any other manner,
without our prior written consent.
This website may contain links to other websites (“linked websites”). Those links are provided for convenience only and may not remain current or be maintained.
We are not responsible for the content or privacy practices associated with linked websites.
Our links with linked websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked websites, or of any information, graphics, materials, products or services referred to or contained on those linked websites, unless and to the extent stipulated to the contrary. Furthermore, we do not make any warranties, representations or undertakings about the content of any other website which may be referred to or accessed by hypertext link with this website.
You may not link to this website from any other website without our prior written consent.
Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information. Once a member logs into our website, we encrypt data using 128-bit encryption before transmitting data over the Internet to the member from our website – but this only applies for pages on our website with a universal resource locator (URL) prefixed with “https”.
We may collect website users' contact information (like their e-mail addresses). Unless you object, this information may be used for our administrative purposes and:
(a) to send news, information about our activities and general promotional material which we believe may be useful to you;
(b) to monitor who is accessing the website or using services offered on the website; and
(c) to profile the type of people accessing the website.
If you do not wish to have your personal information used in this manner or for any other specific purpose, you can e-mail us accordingly however it is likely we will not be able to supply any services to you and we may in our discretion terminate your membership with our website and/or access to our website in such circumstances. Otherwise, you hereby consent unconditionally to us using your contact information for the purposes set out in (a)-(c) immediately above.
We utilise “cookies” which enable us to monitor traffic patterns and to serve you more efficiently if you revisit our website. A cookie does not identify you personally but it does identify your computer. You can set your browser to notify you when you receive a cookie and this will provide you with an opportunity to either accept or reject it in each instance.
We will not sell or otherwise provide your personal information to a third party, or make any other use of your personal information, for any purpose which is not incidental to your use of this website.
If you request us not to use personal information in a particular manner or at all, we may terminate your membership and/or access to our website. We also reserve the right, at our option to adopt all reasonable measures to observe your request but we may still use or disclose that information if:
(a) we subsequently notify you of the intended use or disclosure and you do not object to that use or disclosure;
(b) we believe that the use or disclosure is reasonably necessary to assist a law enforcement agency or an agency responsible for government or public security in the performance of their functions; or
(c) we are required by law to disclose the information.
We will preserve the content of any e-mail you send us if we believe we have the legal requirement to do so.
Personal information which we collect may be aggregated for analysis but in such circumstances we would ensure that individuals would remain anonymous.
All personal information which we collect is kept confidential to the best of our ability, unless subject to disclosure in accordance with this Agreement. You will appreciate, however, that we cannot guarantee the security of transmission.
You are entitled to have access to any personal information relating to you which you have previously supplied to us over this website. You are entitled to edit or delete such information unless we are required by law to retain it.
The data centres that house our computer servers are located both in Australia and in foreign jurisdictions. You consent to the transfer by us of your personal data to and from those data centres in any such foreign jurisdictions.
We aim to provide you with a quality website. If, however, you feel that you have cause to complain about our website, you can contact us at email@example.com. We will try to do our best to solve any problems that arise.
Where any dispute arises between the parties concerning this Agreement, or the circumstances, representations, or conduct giving rise to the Agreement, no party may commence any court or arbitration proceedings relating to the dispute (other than for injunctive relief) unless that party has complied with the procedures set out as follows:
(a) The party initiating the dispute (“the first party”) must provide written notice of the dispute to the other party (“the other party”) and nominate in that notice the first party’s representative for the negotiations. The other party must within seven days of receipt of the notice give written notice to the first party naming its representative for the negotiations. Each representative nominated shall have authority to settle or resolve the dispute.
(b) If the parties are unable to resolve the dispute by discussion and negotiation within 14 days of receipt of the written notice from the first party, then the parties must immediately refer the dispute to mediation.
(c) The mediation must be conducted in accordance with the procedures adopted by the Australian Commercial Disputes Centre. The mediation must be conducted by a mediator at a fee agreed by the parties. Failing agreement between the parties, the mediator shall be selected and his/her fee determined by the President for the time being of the Law Society of New South Wales.
We may suspend our obligations to perform this Agreement if we are unable to perform as a direct result of a Force Majeure Event. Any such suspension of performance must be limited to the period during which the Force Majeure Event continues.
Where our obligations have been suspended pursuant to a Force Majeure Event for a period of 30 days or more, either party may immediately terminate this Agreement by giving notice in writing to the other party.
This Agreement constitutes the complete and exclusive statement of the agreement between the parties, superseding all proposals or prior agreements, oral or written, and all other communications between the parties relating to the subject matter of this Agreement.
This Agreement shall be governed by the laws of New South Wales and the Commonwealth of Australia, and the parties submit to the non-exclusive jurisdiction of the courts of New South Wales and the Commonwealth of Australia. Without limiting the foregoing, you hereby agree that:
(a) your entering into this Agreement and the transactions contemplated are not in breach of any law or regulation of the jurisdiction from which you access our website; and
(b) you will not commence any legal action against us for any reason, in any jurisdiction other than New South Wales, Australia.
If any provision of this Agreement or its application to any party or circumstance is or becomes invalid or unenforceable to any extent, the remainder of this Agreement and its application shall not be affected and shall remain enforceable to the greatest extent permitted by law.
Any express statement of any our rights under this Agreement is without prejudice to any other of our rights expressly stated or implied in this Agreement or existing at law. No exercise or failure to exercise or delay in exercising any right or remedy by us shall constitute a waiver by us of that or any other right or remedy available to us. We expressly reserve our rights to the fullest extent available at law.
We may terminate this Agreement at any time without notice.