Last Updated: 29 May 2017
This is the Terms and Conditions of Use (Terms) for the website www.septemberbaby.com.au (Website) owned and operated by Megan Maree Emery trading as September Baby (ABN 59 857 618 106) (September Baby) (“we”, “us” and when relating to us, “our”).
Access to and use of the Website is provided by September Baby and is governed by these Terms. Please read these Terms carefully. By using, browsing and/or reading the Website, you indicate 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 immediately.
Please read this document carefully and contact us at [email protected] if you have any questions.
You agree to use the Website only for lawful purposes, and in a manner that does not infringe the rights of or restrict or inhibit the use and enjoyment of the Website by any third party. This includes conduct which is unlawful or which may harass or cause distress or inconvenience to any person, the transmission of obscene or offensive content or disruption to the Website.
You must not post or transmit via the Website any unlawful, defamatory, obscene, offensive or scandalous material, or any material that constitutes or encourages conduct that would contravene any law.
You must not attempt to change, add to, remove, deface, hack or otherwise interfere with this Website or any material or content displayed on the Website.
a) The Website and its contents are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) are owned or controlled for these purposes, and are reserved by September Baby or its contributors.
b) All trademarks, service marks and trade names are owned, registered and/or licensed by September Baby, who grants to you a worldwide, non-exclusive, royalty-free, revocable license 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.
c) September Baby does not grant you any other rights whatsoever in relation to the Website. All other rights are expressly reserved by September Baby.
d) September Baby retains all rights, title and interest in and to the Website. 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.
e) You may not, without the prior written permission of September Baby 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 Website 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.
Any material you send to us on or via the Website will be deemed to be non-confidential and non-proprietary, unless it is indicated to be otherwise. This includes any data, questions, comments, suggestions, ideas or other information. We will be entitled to use any such material which has not been indicated to be confidential or proprietary for any purpose without compensation to you.
If you wish to establish a link to this Website, you must first seek approval from September Baby. To seek approval, please contact us at [email protected]
The following information will be required to assess your request:
1. the URL of the website that you seek to establish a link from
2. a brief description of your website
3. the reason that you wish to establish a link.
If September Baby agrees to your proposed link, you must comply with any terms and conditions imposed by September Baby as a condition of such agreement. If the nature and/or content of your website changes in any significant way, you must contact September Baby and provide a new description of your website.
a) 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.
b) 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. September Baby 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 Website or these Terms (including as a result of not being able to use the Website), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
c) Use of the Website is at your own risk. Everything on the Website 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 September Baby make any express or implied representation or warranty about any products or services (including non-electronic products and services of September Baby) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer because 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 or any related products or services (including third party material and advertisements on the Website);
c. costs incurred by you in using the Website or any of the products or services of September Baby; and
d. links which are provided for your convenience.
d) September Baby’s total liability arising out of or in connection with the Website or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the remedies set out in clause c above.
e) Subject to the foregoing clauses and to the extent permitted by law, you agree to indemnify September Baby, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
a. all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with the Website;
b. any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
c. any breach of the Terms.
We reserve the right to review and change any of the Terms by updating this document at our sole discretion. If we decide to change the Terms, we will post a copy of our revised Terms on our website or otherwise make a copy of it available to you and use reasonable endeavours to provide you with notice of updates to 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.
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.
The Website is intended to be viewed by residents of Australia. The Terms are governed by the laws of Victoria, Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Victoria, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Victoria, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
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