Terms and Conditions
- (a) …… (the ‘Receiver’); and
- (b) …… (the ‘Provider’),
making it easier for the Receiver and the Provider to locate, communicate, arrange payment and deliver the services in a fast and secure manner (the ‘Services’).
1.2 The Website is operated by babyish (ABN 89 611 876 633) . Access to and use of the Website, or any of its associated products or Services, is provided by babyish . Please read these terms and conditions (the ‘Terms’) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of its products or Services, immediately.
1.3 babyish reserves the right to review and change any of the Terms by updating this page at its sole discretion. When babyish updates the Terms, it will use reasonable endeavours to provide you with notice of updates of the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
2.1 You accept the Terms by registering for the Services and/or making any payment as required under the Terms for use of the Services. You may also accept the Terms by clicking to accept or agree to the Terms where and if this option is made available to you by babyish in the user interface.
2.2 You may provide basic information such as your name, phone number, address and email address to enable us to send information, provide updates and process your product or service order. We may collect additional information at other times, including but not limited to, when you provide feedback, when you provide information about your personal or business affairs, change your content or email preference, respond to surveys and/or promotions, provide financial or credit card information, or communicate with our customer support.
2.3 Additionally, we may also collect any other information you provide while interacting with us.
3.1 In order to access the Services, both the Receiver and the Provider are required to register for an account through the Website (the ‘Account’).
3.2 As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including:
- (a) Email address
- (b) Preferred username
- (c) Password
- (d)Bank details
3.3 You warrant that any information you give to babyish in the course of completing the registration process will always be accurate, correct and up to date.
3.4 Once you have completed the registration process, you will be a registered member of the Website (‘Member’) and agree to be bound by the Terms.
3.5 You may not use the Services and may not accept the Terms if:
- (a) you are not of legal age to form a binding contract with babyish ; or
- (b) you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.
(a) you will not share your profile with any other person;
(b) you will use the Services only for purposes that are permitted by:
(i) the Terms; and
(ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
(c) you have sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services;
(d) any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify babyish of any unauthorised use of your password or email address or any breach of security of which you have become aware;
(e) you must not expressly or impliedly impersonate another Member or use the profile or password of another Member at any time;
(f) any content that you broadcast, publish, upload, transmit, post or distribute on the Website (‘Your Content’) will always be accurate, correct and up to date and you will maintain reasonable records of Your Content.
(g) you agree not to harass, impersonate, stalk, threaten another Member of the Website (where interaction with other Members is made available to you);
(h) access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of providing the Services;
(i) you will not use the Services or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of babyish ;
(j) you will not use the Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
(k) you agree that commercial advertisements, affiliate links and other forms of solicitation may be removed from Member profiles without notice and may result in termination of the Services. Appropriate legal action will be taken by babyish for any illegal or unauthorised use of the Website; and
(l) you acknowledge and agree that any automated use of the Website or its Services is prohibited.
4.2 babyish may contact you by a variety of measures including, but not limited to telephone, email, sms or mail.
7.1 By babyish offering the Services to you, you agree that:
(a) babyish will charge a commission of 6.8 percent from each sale
7.2 All payments made in the course of your use of the Services are made using PayPal . In using the Website, the Services or when making any payment in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by the PayPal terms and conditions which are available on their website.
8.2 Notwithstanding the above clause, if a Receiver is unsatisfied with the services provided by the Provider or believes that they may be entitled to a refund, then babyish requires the Receiver to:
- (a) contact the Provider directly to request a refund; and
- (b) if contacting the Provider is not successful after fourteen (14) days, contact babyish through the ‘Contact Us’ section of the Website outlining why you believe you are entitled to a refund so we are able to determine if the Provider should be removed from the Services.
8.3 If contacted by a Receiver who is requesting a refund pursuant to the above clause, the Provider agrees that it will immediately:
- (a) complete the babyish refund request form (the ‘Request Form’) provided on the Website; and
- (b) provide both the Request Form and the email from the Receiver requesting the refund to babyish .
8.4 If the Provider agrees to a refund it is acknowledged that the Provider will instruct babyish to refund all or part of the payments made to the Receiver directly, less any fees and charges incurred by babyish in processing the refund.
8.5 Both the Receiver and Provider agree that they will comply with the Refund Policy contained in this Clause of these Terms.
9.2 All trademarks, service marks and trade names are owned, registered and/or licensed by babyish , who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:
- (a) use the Website pursuant to the Terms;
- (b) copy and store the Website and the material contained in the Website in your device’s cache memory; and
- (c) print pages from the Website for your own personal and non-commercial use.
babyish does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by babyish.
9.3 babyish retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any:
- (a) business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
- (b) a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
- (c) a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process), to you.
babyish does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by babyish.
9.4 You may not, without the prior written permission of babyish and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.
9.5 Where you broadcast, publish, upload, transmit, post or distribute Your Content on the Website, then you grant to babyish a non-exclusive, transferrable, perpetual, royalty-free, irrevocable, worldwide licence to broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change Your Content.
11.1 Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
11.2 Subject to this clause, and to the extent permitted by law:
(a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
(b) babyish will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
11.3 Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of babyish make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of babyish ) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
- (a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
- (b) the accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website);
- (c) costs incurred as a result of you using the Website, the Services or any of the products of babyish ; and
- (d) the Services or operation in respect to links which are provided for your convenience.
11.4 You acknowledge that babyish Website and the Services are only intended to facilitate the interactions between the Receiver and the Provider and does not offer any services other than the Services and babyish holds no liability to you as a result of any conduct of the Members or the misuse of Your Content by any party (including other Members).
12.1 babyish ‘s total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.
12.2 You expressly understand and agree that babyish , its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
12.3 You acknowledge and agree that babyish holds no liability for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you as a result of providing Your Content to the Website.
13.1 If you want to terminate the Terms, you may do so by providing babyish with 0 days’ notice of your intention to terminate by sending notice of your intention to terminate to babyish via the ‘Contact Us’ link on our homepage.
13.2 babyish may at any time, terminate the Terms with you if:
- (a) you have breached any provision of the Terms or intend to breach any provision;
- (b) babyish is required to do so by law;
- (c) babyish is transitioning to no longer providing the Services to Members in the country in which you are resident or from which you use the service; or
- (a) the provision of the Services to you by babyish is, in the opinion of babyish , no longer commercially viable.
13.3 Subject to local applicable laws, babyish reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts babyish ‘s name or reputation or violates the rights of those of another party.