Terms & Conditions
The Baby Edit Website Terms & Conditions of Use
This website is owned and operated by Babybee ACN 604 531 660. The website is made available to you for your use on the condition that you agree to these Terms and Conditions of Use (‘Terms’). Reference to ‘us’, ‘Babybee Prams’ or ‘the Baby Edit’ mean Babybee and include its related bodies corporate and associates as those terms are defined in the Corporations Act 2001 and references to ‘you’ mean you, the user of the website. By using the website, you are deemed to have accepted the Terms. The Terms constitute the entire agreement between us and you concerning the website.
Babybee is the owner or authorised user of all intellectual property in and associated with the website. Babybee is also the owner or authorised user of the trademarks, logos, names and designs, whether registered or unregistered, in and associated with the website. You have no rights in or license to any of the intellectual property, trademarks, logos, content, names or designs associated with the website, whether registered or unregistered.
Copyright in website material
All of the material on and in relation to the website is and remains the property of Babybee at all times, or in the case of some material, an authorised third party. You are not permitted to copy, reproduce, modify, transmit, post or distribute, whether electronically or otherwise, any material from the website. Any other use of the website material constitutes a breach of Babybee’s copyright and other proprietary rights. You may however link to, copy and email our web page URL’s for any purpose. Please contact us if you would like to discuss our Affiliate Program.
“Content” means avatars, blogs, comments, compliments, criticisms, discussions, forums, images, observations, opinions, pictures, rankings, recommendations, responses, testimonials, text, videos.
“Disseminate” means any form of communication by any means howsoever through any medium, including, without limitation, email, uploading, downloading, posting, listing, posting hyperlinks to, chatting, book-marking, social network sharing (including via Facebook, Twitter, and the like), transmitting, publishing.
From time to time you might be entitled to create and upload content to be stored on The Baby Edit website provided that:
The content will be your original work;
You will not copy, plagiarise, reproduce or otherwise disseminate the work of any other person;
The content will not infringe the intellectual property rights of any third party;
The content is uploaded or connected in accordance with our instructions from time to time, including via the use of other services and technologies, including YouTube; and
You adhere to these Terms.
You grant Babybee the non-exclusive, transferable, sub-licensable, perpetual, irrevocable, royalty free, worldwide right to Disseminate, reproduce, edit, modify, distribute, display and delete such Content (in whole or in part) via the Babybee website or via such other medium or channel as determined by Babybee from time to time.
You consent to other Babybee website users accessing, using and viewing the Content.
You will at all relevant times remain the exclusive owner of the Content that you create and upload to the Babybee website.
Babybee has the unfettered right at any time to temporarily or permanently remove your Content, in part or full.
You waive the following Moral Right’s in respect of the Content that you create and upload:
The right to attribution of authorship as defined in the Copyright Act 1968, and
The right of integrity of authorship as defined in the Copyright Act 1968, and
The right not to have the work subjected to derogatory treatment as defined in the Copyright Act 1968.
This section headed “Content” survives the termination of these Terms.
Limitation of liability
To the fullest extent permitted by law, Babybee excludes any and all liability for any direct or indirect loss, damage, cost or expense, however or wherever incurred, including, but not limited to any loss, damage, cost or expense that results from:
your use or misuse of the website or any material on the website;
your inability to access or use the website or any material on the website;
the loss or modification of information or material transmitted to or from the website;
the loss of confidentiality in any information or material transmitted to or from the website;
any defect, technical problem or virus attached to or arising from the website or the server;
the use or misuse of the website or any material on the website by other users or the conduct of other users on or through the website;
any injury or illness you or any other person sustains as a result of the use of the website; and
the products displayed on the website being unavailable at any time.
If Babybee breaches any term, condition or warranty which is implied by law and cannot be lawfully excluded, the liability of Babybee for a breach of the applicable term, condition or warranty is limited to, at the election of Babybee:
the resupply of the relevant product, advice, service, recommendation or information; or
the payment to you of the cost of having the relevant product, advice, service, recommendation or information supplied again.
You are entitled to statutory consumer guarantees under the Australian Consumer Law. Babybee does not exclude or limit those consumer guarantees.
All information provided by The Baby Edit should not be used in place of advice from a professional expert such as a pediatrician. The Baby Edit has exercised its reasonable efforts with respect to material it has prepared, including with respect to the compiling of the information on The Baby Edit Website, in the hope that the information is correct, current and complete but takes no responsibility whatsoever, directly and/or indirectly, for any act, error, omission and/or defect therein. Furthermore, The Baby Edit makes no warranties whatsoever, directly and/or indirectly, as to the accuracy, completeness, reliability, availability, timeliness or fitness for purpose of any of the information provided on The Baby Edit that it has prepared.
Always read product manuals and safety warnings in full and adhere to manufacturers’ instructions.
You indemnify Babybee, its subsidiaries, related entities, officers and employees against any and all loss, damage, demand, cost or expense claimed by a third party as a result of or in connection with your use of or conduct on the website.
Additional terms and conditions are attached to certain pages of the website such as competitions from time to time. You should ensure that you are familiar with and are prepared to abide by these additional requirements before you make use of these particular website pages.
Changes to the website and your access
Without prior notice to you and in its absolute discretion, Babybee reserves the right to:
vary or discontinue the website or any page of the website at any time; and
suspend or terminate your access to part or all of the website at any time,
and Babybee is not liable to you for any loss, damage, cost or expense you may suffer if it exercises any of these rights.
Changes to the Terms
Babybee reserves the right to amend the Terms from time to time. Amended Terms come into effect from the time they are posted on the website. You should review this page regularly to ensure that you are aware of any changes to the Terms.
Severance of clauses
If any clause of these Terms is held to be invalid, void, unlawful or unenforceable for any reason, that clause will be severed from the Terms and it will not affect the validity and enforceability of the remainder of the Terms.
This website may be accessed in Australia and throughout the world. We make no representation that the content of this website complies with the laws outside Australia and your access of this website outside Australia is strictly at your own risk. These Terms will be governed by and construed in accordance with the courts of Victoria, Australia. You submit to the non-exclusive jurisdiction of the courts of Victoria, Australia.
Third party sites
This website may contain links to third party websites. These links are not recommendations or endorsements by Babybee and we do not take responsibility for the content or functionality of those websites. Access to those sites are solely at your own risk.
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