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General terms and conditions
By accessing the Tell Me Baby Service (ABN 25 155 148 093) (Tell Me Baby or We/we or Our/our or Us/us) through our website or any other interface that we may provide in the future such as mobile phone applications, immediately and from your very first access of the Tell Me Baby Services, you unconditionally and irrevocably agree to be bound by the Terms of Service of the Tell Me Baby Service (“Terms”), all applicable laws and/or regulations and you agree that you are responsible for this compliance. We may, from time to time, also have other terms that will be presented to you when you are using the Tell Me Baby Service (such as but not limited to age restrictions to the extent permissible by law); and when this occurs, those terms will form part of our Terms.
Throughout this document, the following terms have the following meaning: “Tell Me Baby” means Tell Me Baby (ABN 25 155 148 093), and the terms ‘our’, ‘we’ and ‘us’ used throughout this document refers to Tell Me Baby and the ‘Tell Me Baby Service’ it provides; “Website” means the website tellmebaby.com.au. “User” refers to any person who has access to the Tell Me Baby Service either as a guest or through a registered account and login and the terms ‘you’, ‘your’ are used throughout this document to refer to the User; The “Tell Me Baby Service” refers to the service being provided by Tell Me Baby through various methods which include our Website, our Tell Me Baby Rewards Program, our mobile applications and any other lawful and unlawful access of the Tell Me Baby Services through any interface we may develop.
Eligibility and registration
To be eligible for registration and use of the Tell Me Baby Services you must:
User personal data
User’s obligations and the Tell Me Baby rules
We will use our reasonable endeavours to maintain Tell Me Baby as a safe, fair and informative website. All Users of the Tell Me Baby Service irrecoverably and unconditionally agree that they will not engage in any act or omission, that directly and/or indirectly constitutes or may directly and/or indirectly constitute:
We reserve the right to suspend or stop providing the Tell Me Baby Service to you at any time at our sole discretion if we deem in our absolute discretion that you have not complied with our Terms or policies, if we suspect you of misconduct and/or are investigating you for any suspected misconduct.
Registration and account security
All Users agree to and will submit to and abide by the following obligations when they register and maintain an account with the Tell Me Baby Service:
Any actions made with your account are deemed to be carried out by you. We do not have the means to check the identities of people using the Website and will not be responsible for losses suffered by you where your password or username is used by someone else unless this is due to our negligence. If you become aware of any unauthorised or potential unauthorised use of your password and/or account, contact us at email@example.com. While we exercise reasonable endeavours to protect the security of your account, we do not accept any liability for any loss and/or damage from the unauthorised access of your account by a third party.
Product review policy
Our Website is an online review platform of baby products. This Website is a research tool containing useful information of baby products which parents may use to search for baby products and services, leave reviews, post questions and receive answers. We take care in providing the best customer service. We expect you to follow our Product Review Policy when you post reviews and communicate with our users. When you submit a review on the Website, such review will come to us for approval. Reviews must be in compliance with ACCC and Competition and Consumer Act 2010 requirements. Tell Me Baby has obligations to remove fake reviews and fake user accounts. Any suspect accounts will be suspended pending further investigation. Any suspect fake reviews will not be published on the platform and not be eligible for the rewards program. When posting reviews and otherwise communicating with users, follow these basics:
If you become aware that someone posted a negative or fake review under your username, you should notify us at firstname.lastname@example.org by providing evidence to support your claim. We will review and investigate your claim. Upon investigation, we may place a notification on your listing with the fake review, refuse access to your listing and/or submit your claim to the ACCC. The ACCC has the authority to take any necessary legal actions as well as impose penalties to a person who has violated consumer protection laws.
Tell Me Baby rewards program
Tell Me Baby (TMB) offers all Users access to the Tell Me Baby Rewards Program as part of the Tell Me Baby Service. To earn a reward through the program, current Users will need to have a verified account with photo identification and have achieved 2000 reward points since the date the Rewards Program started. There is no time limit or expiry on reward points and Tell Me Baby will inform you when you have hit the required targets. Businesses, TMB Employees and TMB Contractors are not eligible for the Rewards Program. The benefits to a User joining the rewards programs include but are not limited to the collection of reward points in the Tell Me Baby reward points system.
Tell Me Baby points system
To earn reward points, Users can:
Our content and intellectual property
All content on the Tell Me Baby Service that we create or produce is subject to copyright under the Copyright Act 1968 (Cth) and is solely owned by Tell Me Baby and its affiliate businesses and/or companies. This content includes, but is not limited to, our text, information, graphics and videos. An exception applies for personal use as you may copy, display, download, print and reproduce this material in unaltered form for your own personal or educational purposes. Any use of any material on the Tell Me Baby Service for your commercial purposes is expressly unauthorised and prohibited. This restriction does not extend to copyright in the materials on the Tell Me Baby Service that are owned by others but accessible on the Tell Me Baby Service by way of hyperlink or reference or other means. Apart from any use permitted under the Copyright Act 1968 (Cth), no part of any material on the Tell Me Baby Service may be reproduced, adapted, uploaded to a third party, linked to, framed, performed in public, distributed or transmitted in any form or by any process, nor may any other exclusive right be exercised, without the specific written permission of Tell Me Baby. To obtain such permission, contact email@example.com. Nothing that you do on the Tell Me Baby Service will transfer or assign to you any of the copyright in our content on the Tell Me Baby Service. Any Branding, trademarks, service marks and/or logos used on the Tell Me Baby Service unless expressly stated otherwise, are owned by Tell Me Baby and its affiliate companies and we reserve our right to register and protect such trade mark in various jurisdictions (unless already done so).
By submitting, posting or displaying your review or any other content (“Content”) on the Website, you grant us a worldwide, royalty-free, perpetual license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes), communicate, publish, publicly perform, publicly display and distribute such Content. This license continues even if you stop using our Website. Make sure you have the necessary rights to grant us this license for any Content that you submit to our Website. You agree that this license includes the right for Tell Me Baby to make your Content available to others for the publication, distribution, syndication, or broadcast of such Content on other media and services, subject to our terms and conditions for such Content use. When you create an account with Tell Me Baby, you warrant that in regards to the content you submit through your profile that this content will not expose Tell Me Baby to any civil or criminal liability in this regard:
User breach of the Terms
If you violate the letter or spirit of these Terms, or otherwise create risk and/or possible legal exposure for us, we reserve our right to suspend the delivery of the Tell Me Baby Services in all or part of Tell Me Baby to you. We will notify you by email or at the next time you attempt to access your account. We may also delete your account. In all such cases, our agreement will come to an end. Should we disregard or ignore any breach by you of our terms or fail or delay in strictly enforcing our rights under these Terms, such action does not constitute a waiver of our rights and we reserve our rights in this regard.
Third party rights, information and content
This Website may contain links to sites operated by parties other than Tell Me Baby. Such links are provided for your reference only and shall not be construed to imply an affiliation, sponsorship, endorsement, approval, investigation, verification or monitoring by Tell Me Baby of any information, materials, products or services contained in third party websites. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Tell Me Baby has a policy of respecting the rights of other people and we expect our users to abide by this policy. Users accept and agree that they will not infringe upon third party rights by:
The Tell Me Baby Service may display content that it does not own, and where this is the case this content is the sole responsibility of the entity that makes it available.
Third party commissions and full disclosure
This Website may contain links to sites operated by parties other than Tell Me Baby. Such links and activities may lead to third party commissions being paid to Tell Me Baby. Levels of commissions may vary due to but not limited to products, volume and advertising. These commissions received are not rebated and we do not rebate or pass on commissions directly to you or other Users or guests. We may have a financial interest in the outcome or success of products offered or made available to you via https://www.investsmart.com.au, the Website, or that are otherwise offered or made available to you by or on behalf of us. Tell Me Baby believes in transparency and full disclosure. If you believe you need further information please contact firstname.lastname@example.org.
No warranty and limitation of liability
Use of the Website is at the User’s own risk. To the extent permissible by law, Tell Me Baby does not make any, and excludes all express or implied warranties, representations, statements, terms and conditions relating to your use of the Tell Me Baby Service or any information and/or content available on or from the Website. To the extent permitted by law, the total liability of Tell Me Baby and its suppliers and distributors for any claims under these Terms, including for any implied warranties, is limited to the amount that you paid us to use the Tell Me Baby Service. To the extent permitted by law, Tell Me Baby and its employees, agents and consultants exclude all liability for any loss or damage (including but not limited to indirect, special or consequential loss or damage) arising from the use of, or reliance on, any information on the Tell Me Baby Service, whether or not caused by any negligent act and/or omission. If any law prohibits the exclusion of such liability, Tell Me Baby limits its liability to the extent permitted by law, to the resupply of the Information. To the maximum extent permitted by law, you agree to indemnify us and protect us from any loss or damage suffered by you from any use by you of the Tell Me Baby Service, to include loss or corruption of personal information or data. We are not in any way responsible to you or any person for any loss suffered in connection with the use of the Tell Me Baby Service or any of the content of the Tell Me Baby Service for personal, business or other use. Tell Me Baby shall not be liable for any damages including but not limited to incidental, special, consequential or punitive damages or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, good-will, or other intangible losses, resulting from:
The Tell Me Baby Service (excluding any linked third party sites or services) is owned and controlled by Tell Me Baby from its offices in New South Wales. The Tell Me Baby Service and its Website is hosted on a server and is governed by the laws in the State of New South Wales, Australia. By accessing the Tell Me Baby Service, you accept that any disputes about the Tell Me Baby Service or its contents are to be determined by the courts having jurisdiction in New South Wales in accordance with the laws in force in New South Wales (except any principle of conflict of laws inconsistent with this requirement). The Tell Me Baby Service may be accessed throughout Australia and overseas. Tell Me Baby makes no representation that the Tell Me Baby Service complies with laws (including intellectual property laws) of any country outside Australia. If you are accessing the Tell Me Baby Service outside Australia, you do so accepting that you are responsible for ensuring compliance with all laws and regulations in the place where you are located and that you are responsible for any breaches of law that occur. The terms of this document apply notwithstanding any other material, terms or conditions elsewhere on the Tell Me Baby Service. You accept that this agreement for the Tell Me Baby Services is personal to you and you agree not to transfer it to anyone else, or to try to do so. However, we may take instructions from a person whom we, in our absolute discretion, think, with good reason, is acting with your permission. We can transfer this agreement for the Tell Me Baby Services to another company or entity provided this does not adversely affect your rights under the agreement. After these Terms come to an end, the provisions of this agreement, which by their nature extend beyond the termination, will survive termination of the agreement or termination of your use or access to all or any portion of our Website. No third party is entitled to enforce any term under this agreement under any applicable source of contract law.
Nothing in these Terms excludes, restricts and/or modifies any guarantee, right or remedy implied or imposed by any statute or regulation which cannot lawfully be excluded, restricted or modified, which may include statutory consumer guarantees implied by statute which operate to protect the purchasers of goods and services in various circumstances. To the extent that any clause or provision of these terms and conditions is adjudged by a court of law to be invalid, the remaining terms and conditions shall remain in full force and effect.
These Terms make up the entire agreement between the parties regarding the Tell Me Baby Service, and supersedes any prior agreements.
Matters beyond our reasonable control
There may be instances where we may not be able to perform certain or all obligations that we have agreed to in these Terms because of something beyond our reasonable control, which may include but is not limited to, events that constitute a force majeure which may include: lightning, flood, severe weather, fire, explosion, terrorist activities, anything done by a government body or other competent authority, industrial disputes, technical difficulties, power outages, hardware difficulties, software difficulties or other acts, events or omissions that affect our capacity to perform certain or all obligations that we have agreed to in these Terms. There may be other reasons not expressly set out here. In these cases, you irrevocably and unconditionally agree that we do not accept responsibility or liability for not providing you with the Tell Me Baby Services or for breaching our obligations.
Ending the service
Updating the Tell Me Baby service
Users acknowledge that Tell Me Baby may, in their absolute discretion and without penalty or notice:
Tell Me Baby reserves the right to update, amend, add and/or delete any content regarding any terms and conditions on the Tell Me Baby Service at any time. We may make any changes to take into account changes in the Tell Me Baby Services, the law or to deal with any perceived deficiencies in our Terms. Where we update our Terms, we do not have any obligation to inform, notify and/or advertise Users of such changes. However, as a matter of best practice we may (but are not obliged to) give you notice by posting the change on the Tell Me Baby Service or contacting you by email. Where we consider a change may cause you a material disadvantage, we may (but are not obliged to) exercise reasonable endeavours to provide you with reasonable notice. Users are deemed to have accepted all such revisions by accessing any part of the Website or continuing to access it after that revision is posted on the Website. Any changes to our Terms are deemed to be effective immediately after posting. If you do not agree to any changes, you should discontinue your use of the Tell Me Baby Services. Refer to Ending the Service above for more information about how to delete your account.
Our rights when we provide the Tell Me Baby Service
We are constantly changing and improving the Tell Me Baby Services. We may add and/or remove functionalities and/or features and we may suspend and/or stop a service altogether. We reserve the right to:
Our right to monitor and delete content
The Tell Me Baby Service contains material uploaded, posted, emailed or otherwise electronically transmitted or posted by you as a User of the Website and this User Content may include Personal Information. Tell Me Baby may not always monitor or exercise editorial control over User Content; however, the Tell Me Baby reserves the right:
Our Disclaimers Access to the Tell Me Baby Service
Tell Me Baby makes no warranty or guarantee in respect of the Tell Me Baby Service, including that it will be virus free or that access to the Tell Me Baby Service will be uninterrupted.
Material generated by Tell Me Baby
The Tell Me Baby Service may contain information, data, documents, pages and images (“the material”) prepared by Tell Me Baby or generated by Users. Tell Me Baby has exercised its reasonable efforts with respect to material it has prepared, including with respect to the compiling of the information on the Tell Me Baby Service, in the hope that the information is correct, current and complete but takes no responsibility whatsoever, directly and/or indirectly, for any act, error, omission and/or defect therein. Furthermore, Tell Me Baby makes no warranties whatsoever, directly and/or indirectly, as to the accuracy, completeness, reliability, availability, timeliness or fitness for purpose of any of the information provided on the Tell Me Baby Service that it has prepared.
Material generated by Users
The information on the Tell Me Baby Service may also contain material submitted by other parties which may constitute a review, endorsement or approval. Tell Me Baby does not warrant that any such information is approved, supported or endorsed by Tell Me Baby and such information is not necessarily a reflection of any policies, procedures, standards or guidelines of Tell Me Baby. In particular, Tell Me Baby does not warrant or express that it shares any of the views, opinions, thoughts, beliefs or otherwise which have been posted by its users. Tell Me Baby expressly disclaims that none of the content on the Tell Me Baby Service, under any circumstances, is intended to be, and does not, in any way constitute any form of professional or other advice. The material and/or wording on the Tell Me Baby Service must not, in any way, be relied on as professional or other advice. The Tell Me Baby Service may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Tell Me Baby. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third party website, service, or content from our website, you do so at your own risk and you agree that Tell Me Baby will have no liability arising from your use of or access to any third-party website, service, or content.
If you have a problem or complaint about Tell Me Baby or its users, you may contact us by emailing email@example.com. When we need to contact you for important or administrative issues, we will use your email address. If Users have any queries, suggestions or comments or believe any content on the Tell Me Baby Service is incorrect they can be directed privately to firstname.lastname@example.org.
Important information relating to health or nutritional products
Nothing contained on this website is intended to be or should be taken for medical diagnosis or treatment.
All information, such as comments, messages, text, files, images, photos, video, sounds and other materials (“content”) posted on, transmitted through or linked from the website are the sole responsibility of the person from whom such content originated. You understand that we do not control and are not responsible for content made available through the Website unless it originates from us. Consequently, by using the Website you may, contrary to this agreement and our intentions, be exposed to content that you find offensive, indecent, inaccurate, misleading or otherwise objectionable. You use the Website at your own risk.
Change of control
Subject to relevant laws, if we merge, sell or otherwise change control of our business or this Website, we reserve the right, without giving notice or seeking consent, to transfer or assign your Personal Information, content and rights that we have collected from you and any agreements we have made with you.
You will at all times indemnify, and keep indemnified, us and our directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses on a full indemnity basis) or liability incurred or suffered by you or by us arising from any claim, demand, suit, action or proceeding by any person against you or us where such loss or liability arose out of, in connection with or in respect of your conduct or breach of this agreement.
Communication by us
As a condition of registering for tellmebaby.com.au, you consent to us sending you Administrative Emails and Promotional Emails. In this document:
Any feedback or questions regarding this Policy should be emailed to email@example.com.