THE FOLLOWING DESCRIBES THE TERMS ON WHICH BABY EXCHANGE OFFERS YOUR ACCESS TO OUR SERVICES.
The Expressions We Use
In these Terms unless the context indicates otherwise the following expressions have the following meanings:
“Baby Exchange” is referred to as the “Website Owner” or “we” or “us” or “our”.
“Website” means www.babyexchange.com.au
"User" means each person who has registered to use the services of Baby Exchange.
"Other User" means each person who is a registered User apart from you.
"Transaction" means each and all of any discussions, exchanges, dealings agreements, arrangements and understandings between any persons by means of the Website.
"You" means you (the User visiting the Website).
1. Introduction.
You must read, agree with and accept all of the terms and conditions contained in this User Agreement and the Privacy Policy. We may amend this Agreement at any time at our discretion by posting the amended terms on our Site. All amended terms shall automatically be effective 30 days after they are initially posted on our Site. If you do not agree with such changes, you must terminate your membership of Baby Exchange.
2. Fees and Services.
There is a $10 membership fee for joining Baby Exchange. This fee provides you with one years membership and allows you to list, exchange and obtain as many items and as many times as you like until your membership expires. Once your annual membership does expire it is up to you to renew your membership. We do not keep your payment details and will not automatically renew your membership. If you have items listed on the website when your membership expires, and you do not renew your membership, then these items will be deleted from the website. We may change our membership fee at anytime. The new fee will only be applicable to you when renewing your membership. If the new membership fee is less than what you paid at the time of joining, then you agree that you will not receive a refund for the difference.
There is an option on the website that allows members to obtain items without having to list items, or wait for their listed items to be chosen. To obtain items you must pay it’s worth e.g. if you wish to obtain a baby gym worth $20, then to obtain this you need to pay $20 to Baby Exchange. You agree that if you change your mind or do not receive your items for any reason, then you will not have your money refunded. You will however have the option to choose another item of the same value. You also agree that if somebody wants to obtain your items, then you will not receive any money paid by the other user. You will be however granted permission to choose an item from the website.
3. Information.
3.1 Your Information.
"Your Information" is defined as any information you provide to us or to other users. You must agree that any information supplied by you to Baby Exchange and to other users, is and will be true and complete at all times. Each User also agrees to inform Baby Exchange of any changes to any information supplied by you to info@babyexchange.com.au within 7 days of the change. You agree that all material posted to this Website by the User, including but not limited to exchanging items, is true and correct and not inaccurate, false or misleading in any way.
3.2 Restrictions.
You further agree not to use the website to send or post any message or material that:
is unlawful, harassing, defamatory, abusive, indecent, threatening, harmful, vulgar, obscene, sexually orientated, racially offensive, profane, and pornographic or violates any applicable law, including trademark and copyright laws;
contain any content that may be considered to be prohibited or potentially prohibited content for the purposes of the Broadcasting Services Act 1992 (Cth) (for more information about this legislation, please refer to the Internet Industry Association's Codes of Practice located at http://www.iia.net.au or http://www.aba.gov.au );
contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, modify, delete, detrimentally interfere with, surreptitiously intercept, access without authority or expropriate any system, data or personal information;
create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and link directly or indirectly to or include descriptions of goods or services that:
are prohibited under this Agreement;
You hereby indemnify and hold the Website Owner, its officers, directors, subsidiaries, agents, assigns, successors, affiliates, employees, harmless against any loss, liability, damage or expense of whatever nature which the Website Owner, or any third party may suffer which is caused by or attributable to, whether directly or indirectly, your use of the website to send or post any such message or material.
3.3 Information on the Website.
Whilst every effort is made to update the information contained on this website, neither the Website Owner nor any third party or data or content provider make any representations or warranties, whether express, implied in law or residual, as to the sequence, accuracy, completeness or reliability of information, opinions, any share price information, research information, data and/or content contained on the website (including but not limited to any information which may be provided by any third party or data or content providers) ("information") and shall not be bound in any manner by any information contained on the website.
The Website Owner reserves the right at any time to change or discontinue without notice, any aspect or feature of this website. No information shall be construed as advice and information is offered for information purposes only and is not intended for trading purposes. You and/or your company rely on the information contained on this website at your own risk. If you find an error or omission at this site, please let us know by sending an email to info@babyexchange.com.au .
4. Trade Marks and Copyright.
The trademarks, names, and logos (collectively "trade marks") displayed on this website are registered and unregistered trademarks of the Website Owner. The artwork, design, and logos displayed on this website are Copyrighted to the Website Owner. Nothing contained on this website should be construed as granting any license or right to use any trade mark, artwork, and/or design without the prior written permission of the Website Owner.
5. External Links.
External links may be provided for your convenience, but they are beyond the control of the Website Owner and no representation is made as to their content. Use or reliance on any external links and the content thereon provided is at your own risk. When visiting external links you must refer to that external websites terms and conditions of use. No hypertext links shall be created from any website controlled by you or otherwise to this website without the express prior written permission of the Website Owner. Please contact us at info@babyexchange.com.au if you would like to link to this website.
6. Specific Use.
The Website Owner grants you a limited, revocable, nonexclusive license to access the website in order to 1. list your baby and toddler items for exchange; 2. search for baby and toddler related items for the purpose of exchanging these items with your items, or obtaining these items by paying it’s worth. 3. use the information contained on the Website to contact sellers of goods and services for the sole and exclusive use of obtaining information about those goods and services listed and/or making related inquiries.
This license does not include any derivative use such as data collection or copying of materials, scripts, web pages or related information. You agree to not engage in any use of the Website without express permission granting you a license to engage in that use from the Website Owner.
You further agree not to use the email addresses contained on the website to send unsolicited emails or advertisements to users. Such violations may subject the sender and his or her agents, successors and assigns to civil and criminal penalties.
7. Warranties.
The Website Owner makes no warranties, representations, statements or guarantees (whether express, implied in law or residual) regarding the website, the information contained on the website, your or your company's personal information or material and information transmitted over our system. All goods and services listed on the Website are provided on an “as is” or “as available” basis, without any warranties of any kind whatsoever. All express and implied warranties, including but not limited to, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights, are expressly disclaimed to the fullest extent as permitted by law. Furthermore we are not responsible for:
the replacement of the goods or the supply of equivalent goods;
the repair of the goods;
the payment of the cost of replacing the goods or of acquiring equivalent goods; or
the payment of the cost of having the goods repaired
To the fullest extent permitted by law, the Website Owner disclaims any warranties for the security, reliability, timeliness, accuracy and performance of the website and the service, any warranties for other services or goods received through or advertised on the website or the sites or services accessed through any links on the website, and any warranties for viruses other than or other harmful components in connection with the website or service.
Furthermore we do not guarantee continuous, uninterrupted or secure access to our service, and operation of our Site may be interfered with by numerous factors outside our control.
8. Disclaimer of Liability.
The Website Owner shall not be responsible for and disclaims all liability for any loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by you or any third party (including your company), as a result of or which may be attributable, directly or indirectly, to your access and use of the website, any information contained on the website, your or your company's personal information or material and information transmitted over our system. In particular, neither the Website Owner nor any third party or data or content provider shall be liable in any way to you or to any other person, firm or corporation whatsoever for any loss, liability, damage (whether direct or consequential), personal injury or expense of any nature whatsoever arising from any delays, inaccuracies, errors in, or omission of any share price information or the transmission thereof, or for any actions taken in reliance thereon or occasioned thereby or by reason of non-performance or interruption, or termination thereof.
8.1 Indemnity.
You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from and against any claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including reasonable solicitors' fees, made by any third party due to or arising out of your breach of this Agreement or the terms and policies it incorporates by reference, or your violation of any law or the rights of a third party.
9. Use and Termination of Use of the Website.
You agree that the Website Owner, may unilaterally delete or deactivate your membership, block your email or your IP address, or otherwise terminate your access to the website immediately and without notice, and remove and discard any content within the service, for any reason, including but not limited to, the Website Owner’s belief that you violated the User Agreement set forth herein and have not complied with the RULES AND GUIDELINES for listing your items. Further, you agree that the Website Owner shall not be liable to you or any third party for any termination of your access to the service. Further, you agree that you not attempt to use the service at anytime after you have been terminated but said termination will not relinquish your obligations under these Terms.
10. Dealings with Third Parties.
Any dealings on the Website or interactions you have with third parties found by using this Website Service is at your own risk. This includes but is not limited to: receiving your items, receiving any gifts and/or discounts, any terms or conditions, representations or warranties associated with such dealings or interactions. You agree that the Website Owner and his/her/its officers, directors, agents, affiliates, parents, subsidiaries and employees are not liable for any loss or damages associated with such dealings.
Because we are not involved in the actual transaction between members, in the event that you have a dispute with one or more users, you release Baby Exchange (and our officers, directors, agents, affiliates, parents, subsidiaries and employees) from claims, demands and damages (actual, special, direct, indirect and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. You also agree that the Website Owner is under no obligation to become involved for any reason if such disputes do arise.
11. General.
11.1 Entire Agreement.
These website USER AGREEMENT, the RULES AND GUIDELINES for listing your items, and the Privacy Policy of the website constitute the record of the agreement between you and the Website Owner in relation to your use of the website. Neither you nor the Website Owner shall be bound by any express tacit or implied representation, warranty, promise or the like not recorded herein or in the Rules and Guidelines. Unless otherwise specifically stated these website terms and conditions supersede and replace all prior commitments, undertakings or representations, whether written or oral, between you and the Website Owner in respect of your use of the website.
11.2 Severability.
All provisions of any relevant terms and conditions, policies and notices are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other. Any provision of any relevant terms and conditions, policies and notices, which is or becomes unenforceable in any jurisdiction, whether due to void ness, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as pro non scripto and the remaining provisions of any relevant terms and conditions, policies and notices shall remain in full force and effect.
11.3 Legal Compliance.
You shall comply with all applicable domestic (including common law) and international laws, statutes, ordinances and regulations regarding your use of our service and your, listing, exchanging, solicitation of offers to exchange, and posting of items. Specifically, you must ensure that your activities, items you list, and Your Information you post on our Site do not violate the Broadcasting Services Act 1992 (Cth), the Trade Practices Act 1974 (Cth) and other relevant state-based fair trading legislation. For more information about this legislation and other legislation which may apply to you, please refer to http://www.austlii.edu.au Notwithstanding the successful conclusion of a transaction on our Site, you must ensure strict compliance with any particular formalities which, if not complied with, will either render a transaction void or unlawful. YOU ALONE, AND NOT BABY EXCHANGE, ARE RESPONSIBLE FOR CONFIRMING THAT YOUR ACTIVITIES ARE LAWFUL. YOU MUST ENSURE THAT YOU COMPLY WITH ALL APPLICABLE LAWS. YOU MUST ALSO ENSURE THAT YOU COMPLY WITH ALL CLAUSES OF THIS USER AGREEMENT AND THE PRIVACY POLICY, AND THE RULES AND GUIDELINES.
11.4 Arbitration.
Any controversy or claim arising out of or in connection with this Agreement may at our discretion be settled by binding arbitration by reference to a commercial disputes centre. You agree to be bound by the ruling arbitrator. The costs of the dispute are borne by the originator.
11.5 Violation of Terms and Liquidated Damages.
You agree to report any violations of these terms to info@ babyexchange.com.au. You understand and agree that if the Website Owner is required to pursue legal action to enforce these Terms, you will be liable to pay the Website Owner the following liquidated damages amounts, which you accept are reasonable estimates of the Website Owner’s damages for the specified breaches of these Terms:
a. For the sending of unsolicited email advertisements to email address which were obtained by you from the website, you agree to pay the Website Owner one thousand ($1000) for each such email.
b. For the posting of any message that (1) impersonates any entity or person; (2) falsely states or otherwise misrepresents your affiliation with any entity or person; or (3) includes personal or identifying information about another person without that person's explicit consent, you agree to pay the Website Owner five hundred dollars ($500.00) for each such message.
c. For the posting of any messages in violation of these Terms, other than as described above, you agree to pay the Website Owner five hundred dollars ($500) for each such message.
d. For the unauthorized reproduction of any content (except for your own content) found on the website in violation of these Terms without the Website Owner’s express written permission, you agree to pay the Website Owner five thousand ($5,000) for each day on which you engage in such conduct.
Otherwise, you agree to pay the Website Owner’s actual damages, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of these Terms, the Website Owner retains the right to seek any equitable remedies, including but not limited to, specific performance of any term contained in these Terms, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in these Terms, or any combination thereof.
11.6 Comments or Questions.
If you have any questions, comments or concerns arising from the website, the Privacy Policy or any other relevant terms and conditions, policies and notices or the way in which we are handling your personal information please email us at info@babyexchange.com.au .
