TERMS AND CONDITIONS OF WEBSITE USE
The website
www.babypoo.com.au (“Website”) is owned and operated by Babypoo Pty Ltd (ACN 131 593 578) or its affiliates (“Babypoo”).
These terms and conditions (“these Terms”) govern your use of the Website. Please read these Terms carefully, as by accessing the Website you:
(a) acknowledge that you have read and understood these Terms; and
(b) agree to be bound by these Terms.
- YOUR ACCOUNT
If you join as a member of the Website, you agree to:
- maintain the confidentiality of your user name, password and other personal identification numbers used to access your member account;
- keep your user name, password and other personal identification numbers secure; and
- prevent unauthorised access to your member account.
You must inform us immediately if you have reason to believe that your member account is being, or is likely to be, used in an unauthorised manner.
You must not permit children to use the Website without the consent of a parent or guardian.
You are responsible for all activities which occur in relation to your member account.
- PRIVACY
Babypoo recognises the importance of your privacy. A copy of Babypoo’s privacy policy is available at www.babypoo.com.au.
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SUBMISSION OF MATERIAL BY YOU
You warrant that you are the sole and exclusive legal owner of any material you submit to the Website, including without any limitation written material, graphics, video clips, photographs, sound recordings and any other material contributed to the Website by you (“Your Material”) and that you are authorised and entitled to submit Your Material to Babypoo in accordance with these Terms.
BY SUBMITTING YOUR MATERIAL TO THE WEBSITE, YOU IRREVOCABLY AND UNCONDITIONALLY ASSIGN ALL PRESENT AND FUTURE COPYRIGHT AND ALL OTHER RIGHTS, TITLE AND INTERESTS OF WHATSOEVER NATURE IN YOUR MATERIAL TO BABYPOO.
In addition, you irrevocably and unconditionally waive in perpetuity all moral rights that you may have in Your Material.
Babypoo may exclusively edit, adapt or change Your Material or remove it from the Website as it sees fit.
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INTELLECTUAL PROPERTY
All material made available on the Website, including without any limitation Your Material, trade marks, written material, graphics, logos, video clips, photographs, sound recordings, interactive features and software (“Website Material”) is owned by Babypoo, or is included with the permission of the owner, and is subject to intellectual property rights under local and international laws.
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INFORMATION ON THE WEBSITE
The Website is a user generated, information sharing forum.
Accordingly, the opinions included on the Website do not necessarily represent the views of Babypoo. Babypoo does not make any representations or warranties as to the accuracy, reliability or completeness of the Website Material.
The Website is not intended to be a substitute for independent professional advice. You should not use the Website to diagnose, treat, cure or prevent any condition which you, your child or any other person may experience.
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YOUR USE OF THE WEBSITE
You are permitted to access and use the Website, print Website Material and download files from it for your personal use only. You are not permitted to copy, adapt, distribute, display or exploit the Website Material for any other purpose, without Babypoo’s prior written consent.
You are solely responsible for the content of all communications made by you via the Website. You must comply with all laws while using the Website and your communications must not violate any law, infringe any third party rights or use the Website in any way that damages Babypoo, interferes with Babypoo’s system or disrupts, harms, offends, abuses, threatens, harassed or defames other Website users.
You indemnify and hold Babypoo (including its officers, servants and agents) harmless from and against any and all claims, actions, proceedings, costs, damages, expenses (including legal expenses) and liabilities arising from any claims, actions or proceedings made, brought or commenced by any person in relation to your use of the Website.
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LINKS TO OTHER WEBSITES
The Website may contain links to other websites. The links are provided in good faith but Babypoo has no control over, and assumes no responsibility for the availability, content, accuracy or function of other websites.
A link to another website does not suggest that that Babypoo endorses its contents.
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FURTHER WARNING
You must take your own precautions to ensure that the process which you employ for accessing the Website does not expose you to risk of viruses, malicious computer codes or other forms of interference which may damage your computer system. Babypoo takes no responsibility for any damage or loss which arises in connection with your use of the Website.
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LIMITATION OF LIABILITY
In no event will Babypoo accept any liability for any injury, loss (direct or consequential) or damage incurred by use of or reliance on the Website Material, whether arising from negligence or otherwise.
Nothing in these Terms is intended to limit or exclude Babypoo’s liability where or to the extent that applicable laws prohibit such exclusion or limitation.
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ENTIRE AGREEMENT
These Terms contain all the provisions of the agreement between you and Babypoo.
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CHANGES TO THESE TERMS AND CONDITONS
Your visit to the Website is governed by the most up-to-date version of these Terms posted on the Website at the time of access. It is your responsibility to read and understand these Terms each time you visit the Website, as without prior warning, Babypoo may add to, delete or amend these Terms.
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GOVERNING LAW
These Terms will be governed by and construed in accordance with the laws of the State of Victoria and Australia and the parties submit to the jurisdiction of the Victorian and Australian courts.
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SEVERANCE
If any term of these Terms is held to be invalid, void, unenforceable or illegal for any reason, these Terms will otherwise remain in full force and effect apart from such provision, which will be deemed to be deleted or modified to overcome that objection.
IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THE WEBSITE.
Babypoo Privacy Statement
Babypoo Pty Ltd (ACN 131 593 578) (“Babypoo”, “we” or “us”) respects your privacy and is committed to protecting your personal information. This document sets out our approach to managing your personal information.
What is personal information?
Personal information is information or an opinion (including information or an opinion forming part of a database) from which it is possible to determine your identity. Examples of personal information include your full name, postal address, telephone number and email address.
How do we collect your personal information?
We may collect your personal information directly from you when you create a member account on www.babypoo.com.au (“Website”) or when you provide information to us by email.
If you do not provide us with your personal information, we will be unable to provide you with a member account.
How do we use your personal information?
We may use your personal information in order to:
- identify you and create a member account for you;
- provide you with Website services. Your user name (but not your email address) and your first name and/or that of your child/children will be displayed to other Website users when you upload videos, post messages and use the Website services;
- market products, services and special offers made available by us;
- administer and manage the Website and provide you with access to the Website;
- keep you informed of news and information (such as advance notice of special offers) relating to our services via various media, including email and telephone;
- research and develop new competitions, programs, activities and other events relating to parenting;
- research and develop new products and services relating to parenting; and
- improve our relationship with Website users.
If you do not wish to receive our electronic newsletters, publications and other communications, you can email us at any time.
How do we store and protect your personal information?
We store personal information in paper and/or in electronic form. The security of information is important to us and we will take reasonable steps to protect it from misuse, loss, unauthorised access, modification or unauthorised disclosure. We employ security measures such as:
- security measures for computer/data base system access; and
- security measures on the Website.
In accordance with the terms and conditions which govern your use of the Website, you must keep your personal information safe by maintaining the confidentiality of your member account username, password and other personal identification numbers.
Accuracy of your personal information
We take all reasonable precautions to ensure that the personal information we collect, use and disclose is accurate, complete and up-to-date. However, we rely on the accuracy of the personal information provided by you.v
If you find that the personal information we hold about you is inaccurate, incomplete or out-of-date, please email us and we will take reasonable steps to ensure that it is corrected. You can also change certain personal information through your member account.
When do we disclose your personal information to third parties?
We will not, in general, disclose your personal information to third parties. However, we may disclose your personal information to our professional advisers, including our accountants, auditors and lawyers, our insurers and otherwise as required or authorised by law.
How can you access the personal information we hold about you?
Subject to some exceptions provided by law, you have the right to access your personal information.
For security purposes, if you would like to access your personal information, we require you to put your request in writing. If we do not allow you access to any part of the personal information we hold about you, we will tell you why. We will not charge you for lodging a request to access your personal information, but we may charge you for our reasonable costs in supplying you with access to this information.
How do we protect the privacy of children?
We are committed to protecting children when they use the internet and when personal information about children is posted on the Website. We will not create a member account for anyone under the age of 18, and except as otherwise provided for in this Privacy Statement, we will not knowingly collect the personal information of anyone under the age of 18.
We assume that the person posting information on the Website is doing so in the interests of the child.
We are committed to removing inappropriate material from the Website as we see fit. This includes, without limitation, material that is posted on the Website without the consent of the child’s parent or guardian.
How to contact us
If you have any questions in relation to this Privacy Statement, you can email us at
info
babypoo.com.au.
Changes to this Privacy Statement
From time to time, we may need to change this Privacy Statement to reflect our changing business practices. We may change the Privacy Statement at any time by posting the changed Privacy Statement on the Website.
