TERMS AND CONDITIONS OF USE
 
Current as at March 2017
 

1. The Baby Industry website
   1. 1Thebabyindustry.com (the “website”) is owned and operated by The Baby Industry Pty Ltd ACN 608 837 645 (“we”, “us” and “our”).
   2. 2By accessing, using or browsing this website you agree to be bound by these terms and conditions, the Privacy Policy and any and all other terms contained on this website (“Terms”).  If you do not accept the Terms cease using this website.
   3. 3Content on the website is intended for residents of Australia aged over 13 years.
   4. 4We reserve the right to amend the Terms from time to time. Amendments will be effective immediately upon notification on this website. Your continued use of the website following such notification will represent an agreement by you to be bound by the Terms as amended.
2. Disclaimer
   1. Except as required by law, we will not accept liability to you in respect of any loss or damage (including indirect, special, or consequential loss or damage) which may be suffered or incurred by you or which may arise directly or indirectly in respect of:

1. your use of this website or any linked website;
2. any loss arising out of your use of, reliance on or failure to act, on any information contained on or accessed through this website or any linked website;
3. errors, mistakes or omissions on this website;
4. goods or services featured on this website; and/or
5. any failure or omission on our part to comply with our obligations as set out in the Terms.
   1. Our liability to you for loss or damage of any kind arising out of these Terms will be reduced or limited to the extent (if any) that you cause or contribute to the loss or damage.

3. Specific Warnings
   1. 1 We do not accept any responsibility for the content of any suppliers provided via this website and provide no warranty whatsoever as to the accuracy, effectiveness, reliability, currency, timeliness and suitability of any advice, statement, opinion or other information displayed or distributed via the website.  Such material is based on information provided by the relevant supplier. Reliance on any such information is at your own risk.
   2. 2 You must take your own precautions to ensure that the process which you employ for accessing this website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system.  For the removal of doubt, we do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of this website or any linked website.
   3. 3 We do not accept any responsibility for malfunctions to computer systems, hardware or software, or for other errors, failures, or delays in computer transmissions or network connections or for lost, late, mutilated, illegible, incomplete or misdirected information.
   4. 4 Any content you post or otherwise make available on the website will be lawful and not be: harmful, threatening, abusive, harassing, defamatory, obscene, libelous or invade another's privacy.
4. Restricted Use
   1. 1 You must ensure that your access and use of this website is not illegal or prohibited by laws which apply to you.
   2. 2 You may not interrupt or attempt to interrupt the operation of the website in any way, or use the website in a manner that adversely affects the availability of its resources to others.
   3. 3 You may not use the website for any illegal purpose or in any manner that is inconsistent with the Terms.
5. Content, third party websites and information
   1. 1 A variety of information, advice, recommendations, letters, messages, comments, posts, text, graphics, software, music, sound, photographs, videos, data, and other materials ("Content") is available on the website. The Content is either provided by suppliers, or users of the website who provide comments via posts to chat rooms, bulletin boards, or discussion forums. We cannot guarantee, and are not responsible for, the accuracy, completeness, or timeliness of any Content. You should contact the relevant suppliers directly with any questions or concerns regarding the products featured.
   2. 2 This website contains links to other websites, including websites operated by third parties (“linked websites”).  We are not responsible for the content or privacy practices associated with linked websites or third party advertisements.
6. The Baby Industry membership
   1. 1 You are solely responsible for your Baby Industry membership. It is your responsibility to maintain the security of your user identification, password and other confidential information relating to your account. You are responsible for any consequences resulting from the use of your account, use of your account by others (including minors) or any unauthorised use of the account.
   2. 2 You must notify us immediately if you become aware of any unauthorised use of your account.  
   3. 3 You may terminate your account at any time by emailing us a request to terminate at info@thebabyindustry.com.
   4. 4 We may withdraw this website or an account completely, or suspend your account for a period of time, without notice, and for any reason, including without limitation, where:

1. there is an interruption, fault, virus, unauthorised access, denial of service or other malicious attack on any part of our computer or telecommunications system;
2. you breach any part of the Terms; or
3. you use this website for an inappropriate purpose, including the storage or transmission of inappropriate or offensive material.
   1. 5 If we terminate your account you may be prevented from accessing parts of the website. We will not be liable to you or a third party if this occurs.

7. Forum Guidelines
   1. 1 We do not and cannot review all communications and materials posted or uploaded to the website. Communications and material placed on forums and discussion boards do not contain our views and we do not accept any liability for the material placed on such forums and message boards. We have the sole discretion and reserve the right to block or remove any communications or materials that we determine are or may be harmful, offensive or otherwise in violation of the Terms or any applicable laws.
   2. 2 You hereby grant to us a non-exclusive worldwide perpetual, irrevocable and royalty-free licence to use and sub-licence any content you provide to us via the forums and discussion boards solely for the purposes of our website. You retain ownership of such material.
   3. 3 You hereby warrant that you own the copyright in anything you post or upload to forums or discussion boards.
8. Intellectual property
   1. 1 Copyright in this website (including text, graphics, logos, icons, sound recordings and software) is owned or licensed to us.  Other than for the purposes of, and subject to the conditions prescribed under the Copyright Act 1968 (Cth), and except as expressly authorised by the Terms, you may not in any form or by any means adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this website, without our (and where applicable, our Suppliers) prior written permission.
   2. 2 You may not use of any trade marks appearing on the website, without the written permission of the trade mark owner.
9. Indemnity

You will, to the maximum extent permitted by law, at all times and from time to time indemnify, and keep indemnified, us and our directors, officers, agents and employees (together the “Indemnified Party”) from and against all liabilities, losses, damages, costs or expenses directly or indirectly incurred or suffered by the Indemnified Party, and from and against all actions, proceedings, claims or demands made against the Indemnified Party as a result of your use of the website or other services we provide.

10. General
    1. 1 These Terms are governed by the laws in force in the State of New South Wales, Australia.  You agree to submit to the exclusive jurisdiction of the courts of New South Wales.
    2. 2 We are not liable for any delay or failure to perform our obligations if such failure or delay is due to any cause outside of our reasonable control.
    3. 3 If any of the Terms are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions shall nevertheless continue in full force.