Terms and Conditions
Welcome to www.babybusiness.com.au. The Website provides early parenting and lactation/feeding support.
The terms ‘us’ or ‘our’ or ‘we’ refers to Baby Business Pty Ltd, the owner of the website, whose registered office is in Queensland, Australia. The term ‘you’ or ‘your’ refers to the website user.
Baby Business Pty Ltd is a business that provides the following services and products:
* Early parenting advice and guidance
* Lactation and breastfeeding education
* Breastfeeding support
* Breastfeeding information
* Alternate methods of feeding including, but not limited to, bottle, supplemental nursing system, cup and syringe information and guidance
* Early parenting education videos
* Vlogs/blogs and articles
a. the use of this website;
b. all services provided through this website.
Should you not agree with any of these Terms and Conditions, please do not use our website.
- Your use of this website is subject to the following Terms and Conditions:
1.1. When you visit this website to use our resources or book a service you agree that you have read these Terms and all related documents and that you are willing to be bound by them.
1.2. The content of this website is for your general information and use only. It is subject to change without prior notice.
2.1. We may update our terms and conditions from time-to-time and the new provisions will apply from the date they are updated.
2.2. It is your responsibility to periodically review these Terms and Conditions to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms and Conditions by your continued use of the site after the date such revised Terms and Conditions are posted.
3. Disclaimer (General)
3.1. Whilst every care is taken, Baby Business Pty Ltd does not provide any warranty or guarantee as to the performance, accuracy, timeliness, completeness or suitability of the information and materials found or offered on this website for any particular purpose.
3.2. The information available through this website is provided for educational purposes only. It is in no way intended to replace any advice given or recommendations made by your GP or other healthcare provider.
3.3. You are solely responsible for any results if you choose to use the information on this website.
3.4. You acknowledge and agree that no information or advice provided by us including that contained on this website in any way constitutes health, midwifery, lactation, medical or psychological advice or is to be used by you in place of the advice provided by your doctor. If you require urgent medical treatment please contact emergency services.
3.5. This disclaimer operates to the fullest extent permissible by law
- Copyright, trademarks, and other intellectual property
4.1. The website, services and all of the related products of Baby Business Pty Ltd 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 Services and 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) or the Services are owned or controlled for these purposes, and are reserved by Baby Business Pty Ltd or its contributors.
4.2. You may not, without the prior written permission of Baby Business Pty Ltd 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.
5. Personal use only
5.1. You may access, download, or print material from the website for your personal use only.
5.2. Sharing any intellectual property or copyright material from this website for commercial use of any sort, without permission is expressly prohibited.
5.3. You agree not to change or delete any copyright or proprietary notice from materials downloaded from this website or any site accessible through this website.
- No unlawful or prohibited use
6.1. As a condition of your use of this website, you warrant that you will not use this website for any purpose that is unlawful or prohibited by these Terms and Conditions.
6.2. You may not use this website in any manner which could damage, disable, overburden, or impair this website.
6.3. You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and not misleading.
8. Third-party links
8.1. This website may also, on occasion, include links to other websites which are not controlled by us.
8.2. These links are provided for your convenience to provide you with further information. You acknowledge that they are used at your own risk.
8.3. Third-party links on our website do not signify that we recommend or endorse those websites.
8.4. We have no control over the nature, content, and availability of those websites.
9. Website security
9.1. Baby Business Pty Ltd makes every effort to maintain the security of the Baby Business Pty Ltd website.
9.2. Baby Business Pty Ltd disclaims all liability for any computer virus or technological problems that we do not intentionally cause or that is beyond our control.
9.3. This website may be inaccessible from time to time due to the installation of updates.
10. Limitation of Liability
10.1. If you are at all concerned whilst a client of Baby Business Pty Ltd that your child’s behaviour, demeanour or other physical condition is symptomatic of any underlining illness, physical abnormality or mental illness, then you will seek medical advice and assistance from a competent medical practitioner.
10.2. Baby Business Pty Ltd will practice within their scope of practice abiding by AHPRA and IBLCE regulations by providing evidence based strategies. These strategies are provided in good faith. If these strategies fail to improve your current situation being said why you made contact with Baby Business Pty Ltd, Baby Business Pty Ltd will not be held liable in any way of form or act.
10.3. Should any recommendation be made by Baby Business Pty Ltd, at your request, for the assistance of any specific professional person, your shall conduct your own due diligence inquiries. Baby Business Pty Ltd shall not be deemed to make or held to have made any representation about the Referred Person, or be liable for any acts of omission of the Referred Person or other matters associated with the Referred Person.
10.4. Baby Business Pty Ltd’s total liability arising out of or in connection with the services or these Terms and Conditions, however arising, including under contract, tort (including negligence), under statute or otherwise, will not exceed the resupply of the services to you.
10.5. You expressly understand and agree that Baby Business Pty Ltd shall not be legally responsible 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.
11.1. You hereby agree to indemnify (and keep Indemnified) Baby Business Pty Ltd on a full indemnity basis from and against all liabilities that any indemnified party suffers, sustains or incurs, arising from any one or more of the following:
a. Breach by an indemnified party of any of Baby Business Py Ltd’s obligations under this contract;
b. Any negligent act or omission by the indemnified party arising out of the performance of this contract;
c. Any claim or damage relating to the failure or omission of Baby Business Py Ltd to recommend or seek assistance from a medical practitioner, concerning any medical, physical or mental health condition or abnormality of you or your child;
d. Any injury, claim or damage suffered by Baby Business Py Ltd due to the provision of the services or otherwise associated with the interaction with yourself or the child concerned;
e. Any defamation, slander, abuse and sharing of written information through Social Media Networks against Baby Business Py Ltd will result in legal action;
f. Any injury, claim or damage due to the spread of any childhood illness/disease or other communicable disease;
g. Baby Business Py Ltd will not be under any liability to you for consequential loss or damage including actual loss of any kind in any form.
11.2. You agree to indemnify Baby Business Pty Ltd, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
11.2.1. 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:
a. your contributions;
b. your use of the website;
c. your breach of these Terms and Conditions.
12. Dispute Resolution
12.1.1. If a dispute arises out of or relates to the Terms and Conditions either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
12.2.1. A party to the Terms and Conditions claiming a dispute has arisen under the Terms and Conditions, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the dispute.
12.3.1. On receipt of that notice by that other party, the parties to the Terms and Conditions must:
a. Within 14 days of the Notice endeavour in good faith to resolve the dispute expeditiously by negotiation or such other means upon which they may mutually agree;
b. If for any reason whatsoever, 14 days after the date of the notice, the dispute has not been resolved, the parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Australian Mediation Association or his or her nominee;
c. The parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The parties must each pay their own costs associated with the mediation;
d. The mediation will be held in Queensland, Australia.
12.4.1. All communications concerning negotiations made by the parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.
12.5. Termination of Mediation:
12.5.1. If 4 weeks have elapsed after the start of a mediation of the dispute and the dispute has not been resolved, either party may ask the mediator to terminate the mediation and the mediator must do so.
13. Governing Law
13.1.These Terms and Conditions are governed by the laws of Queensland, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and Conditions and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Queensland, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms and Conditions shall be binding to the benefit of the parties hereto and their successors and assigns.
13.2. 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 Queensland, Australia.
14.1 If any provision or part of a provision of these Terms and Conditions is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and Conditions and does not affect the validity and enforceability of any remaining provisions.
15.1. In order to resolve a complaint regarding the website or to receive further information regarding use of the website, please contact us at: firstname.lastname@example.org