Terms & Conditions
BABY BUMKINS SITE TERMS AND CONDITIONS
IMPORTANT! PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE.
1. This Website, www.babybumkins.com.au, is owned, operated and maintained by Platinum Retail Brands Pty. Limited and its subsidiaries and has been created for your information, education, entertainment and communication. Your access to and use of the Website is subject to your agreement to comply with these terms and conditions (the “Website Terms”). By accessing, browsing and/or using the Website, you agree to be bound by the Website terms and all the applicable laws. If you do not agree to these terms and conditions each time you use the Website, do not use the Website or review information or obtain goods, services or products from the Website.
2. Acceptance of Agreement: You agree to the terms and conditions outlined in thisTerms and Conditions of Use Agreement ("Agreement") with respect to the Website.This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Website, the content, products or services provided by or through the Website, and the subject matter of this Agreement. This Agreement may be amended by us at any time and from time to time, without specific notice to you. The latest Agreement will be posted on the Website, and you should review this Agreement prior to using the Website. Your use of some parts or features of the Website may be governed by additional terms and conditions. Where this is the case, those additional terms and conditions:
- will apply to your use of such parts of the Website or features in addition to these terms and conditions; and
- will prevail over these terms and conditions to the extent of any inconsistency.
3. General Access & Limited Right to Use: For many of the services provided on this Website, including ordering products, you do not need to register or provide a password to access the Website. However, you agree to use the Website in a way that will not impair the performance, corrupt the content, or otherwise reduce the overall functionality of the Website. You also agree not to compromise the security of the Website or attempt to access secured areas or sensitive information. You agree that you will not use the Website for illegal purposes, and will respect all applicable laws and regulations. Platinum Retail Brands Pty. Ltd. grants you only a limited, nonexclusive license to use the content, graphics, forms, or documents from the Website. This is for your personal use only and explicitly precludes republication, distribution, assignment, sublicense, sale, and preparation of derivative works or other use. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (but not for resale or redistribution).
4. Passwords & Security: If you use a password to access the Website or any portion of it, then, in addition to the terms prescribed for General Access, you are responsible for maintaining the confidentiality of your password and for restricting access to your computer. You agree to accept responsibility for all activities that occur in your account or with your password. In the event that the confidentiality of your account or password is compromised in any manner, you will notify us immediately. We reserve the right to take any and all actions we deem necessary or reasonable to maintain the security of the Website and your account, including terminating your account, changing your password, or requesting information to authorise transactions on your account. While we take all prudent steps to protect your account and any sensitive information on the Website, we cannot protect your information outside of the Website; for example, the information transmitted by e-mail. You acknowledge and agree that information may sometimes be transmitted by e-mail and stored in an unencrypted form and manner. You also agree that we may rely on the authority of anyone accessing your account or using your password. In no event will we be held liable to you for any damages resulting from or arising out of:
- any action or inaction of Platinum Retail Brands Pty. Ltd. under this provision;
- any compromise of the confidentiality of your account or password;
- any unauthorised access to your account or use of your password.
5. Nontransferable: Your right to use the Website is not transferable. Any password or right given to you to obtain information or documents is not transferable and may only be used by you.
8. Policies & Enforcement: Platinum Retail Brands Pty. Ltd. has the right, but not the obligation, to monitor any activity on this Website. We may access at any time, and use internally for any lawful purpose, information stored on our systems, including the content of emails or other communications. We may disclose such information to any third party including law enforcement agencies to protect our rights or property in response to legal process, or in a good faith belief that such disclosure is justified or required in an emergency situation. We may investigate any reported violation of our policies or complaints and take any action that we deem appropriate, including but not limited to issuing a warning, suspending your access and use of the Website and related services, or terminating your access completely.
9. Return Policy: If you receive a product, that proves to be defective or not to your reasonable satisfaction, please contact Platinum Retail Brands Pty. Ltd. within 14 days of receipt of the product. Provide us with your name, mailing address, the name of the product, the product size and a detailed description of the problem. We will promptly send you a new product.
10. Mums Helping Mums: The advice and/or opinions provided on the Mums Helping Mums page is not intended to be a substitute for medical advice. Baby Bumkins® takes no responsibility for the advice provided and the opinions contained on any part of this Website, and you should always do your own research where necessary. No opinion provided by any person is intended to be a substitute for medical advice. Baby Bumkins® does not guarantee the accuracy, quality, suitability or reliability of any information on the Website and recommends:
- You should always seek the advice of a physician, or other qualified health provider, with any questions you have regarding a medical condition that affects yourself or your child.
- You should never disregard any medical advice received, or delay treatment or seeking of medical advice, because of anything read on this Website.
11. Links to the Website: You may create a hyperlink to any page on this Website. Any links you create must not portray Platinum Retail Brands Pty. Ltd. or any of its products and services in a false, misleading, derogatory, or otherwise defamatory manner. Platinum Retail Brands Pty. Ltd. may revoke this limited, non-exclusive right at any time. You may not use, incorporate any Platinum Retail Brands Pty. Ltd. or their business partners’ trademark, logo or other proprietary information, including the images found at this Website, the content of any text or the layout/design of any page, or forms contained on a page, without our express written consent. All other linking is prohibited unless Platinum Retail Brands Pty. Ltd. has given you prior consent. Except as noted above, you do not have any right or licence (by implication or otherwise) to any content in or under any patent, trademark, copyright, or proprietary right of Platinum Retail Brands Pty. Ltd. or any third party.
13. Promotions: Win a Year’s Supply of Baby Bumkins® Baby Wipes - Terms and Conditions
- Information on ‘How to Enter’ and prizes form part of these Conditions of Entry.
- The promotion period begins on 17th June, 2015, and ends on 17th December, 2015, at 11.59 pm.
- Eligible entrants must:
i. Be or become a Baby Bumkins® Club Member;
ii. Complete the entry form online;
iii. Agree to the Terms and Conditions.
- Employees of Platinum Retail Brands Pty. Ltd. and associated companies, and their immediate families and any agencies associated with this promotion, are excluded from entry.
- To enter go to www.babybumkins.com.au and enter your details as required on the entry form. Limit of one entry per person. No responsibility will be taken for entries lost, delayed or not completed properly.
- Draw will take place at Platinum Retail Brands Pty. Ltd., Lvl 2, Riverside Quay, 1 Southbank Boulevard, Southbank, Victoria, 3006 on the 21st December, 2015, at 1.30pm. The Prize Winner’s name will be announced on this Website by the 23rd December, 2015, and the winner advised via email.
- There is 1 (one) prize to be won. The first eligible entry drawn will be awarded the prize. Prize is 48 packs of Baby Bumkins® Baby Wipes 80’s pack - valued at up to $191.52.
- The Promoter may conduct such further draws at the same time and place as the original draw as is necessary on 29th January, 2016, in order to distribute the prize if it remains unclaimed by that date, subject to any relevant legislation. If such draw is required, the winner will be notified via email.
- The Promoter's decision is final and no correspondence will be entered into.
- The Promoter reserves the right, at any time, to verify the validity of entries and entrants (including an entrant's identity, age and place of residence) and to disqualify any entrant who submits an entry that is not in accordance with these Terms and Conditions, or who tampers with the entry process (including, but not limited to, using automated means to enter). Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
- The Promoter is not responsible for any incorrect or inaccurate information, or for any of the equipment or programming associated with or utilised in this competition, or for any technical error, or any combination thereof that may occur in the course of the administration of this competition, including any omission, interruption, deletion, defect, delay in operation or transmission, communications line or telephone, mobile or satellite network failure, theft or destruction, or unauthorised access to or alteration of entries.
- The Promoter reserves the right, in its sole discretion, to disqualify any individual whom the Promoter has reason to believe has breached any of these conditions, or whom has engaged in any unlawful or other improper misconduct calculated to jeopardise the fair and proper conduct of the promotion. The Promoter's legal rights to recover damages or other compensation from such an offender are reserved.
- The Promoter is Platinum Retail Brands Pty. Ltd., Lvl 2. Riverside Quay, 1 Southbank Boulevard, Southbank, Victoria, 3006. ABN: 91 148 823 974.
- Authorised under NSW Permit No: LTPS/15/04300
14. Jurisdiction: The products referred to in this Website are available in Australia (as indicated) and may not be available in your country. This Website is controlled and operated by Platinum Retail Brands Australia, and Platinum Retail Brands Pty. Ltd. makes no representation that the information and materials in this Website, including without limitation, the information and other materials promoting the products identified herein, are appropriate or available for use in other locations.
15. Disclaimer: Except for the express warranties stated herein, the information and materials on this Website are provided on an "as is" basis. Platinum Retail Brands Pty. Ltd. disclaims any and all other warranties, conditions, or representations (express, implied, oral or written), relating to the Licensed Materials or any part thereof, including, without limitation, any and all implied warranties of quality, performance, merchantability or fitness for a particular purpose. Platinum Retail Brands Pty. Ltd. makes no warranties with respect to any harm that may be caused by the transmission of a computer virus, worm, time bomb, logic bomb or other such computer program. We further expressly disclaim any warranty or representation to authorised users, or to any third party. Every effort is made to keep the Website up and running smoothly. However, Platinum Retail Brands Pty. Ltd. takes no responsibility for, and will not be liable for, the Website being temporarily unavailable. Even if we or our authorised agents or representatives have been advised of the possibility of such damage, you expressly agree that use of the Website, including all content, information or, data distributed by or accessed from or through the Website is at your sole risk.
16. Limitations of Liability: In no event shall Platinum Retail Brands Pty. Ltd. or any affiliated third party be liable for any direct, special, punitive, exemplary, indirect or consequential damages, or any other damages of any kind. This includes, but is not limited to, loss of use, loss of profits, or loss of data, whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, arising out of or in any way connected with the use or inability to use the Website, products, or materials contained in, or accessed through, the Website. This Website and the information would not be provided without such limitations. No advice or information, whether oral or written, obtained by you from us through the Website shall create any warranty, representation or guarantee not expressly stated in this agreement. All responsibility or liability for any damages caused by viruses contained within the electronic file containing the form or document is disclaimed. WE WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM USE OF OR INABILITY TO USE THE WEBSITE. Our maximum liability to you under all circumstances will be equal to the purchase price you pay for any goods, services or information.
17. Indemnification: You agree to indemnify, defend and hold us and our partners, attorneys, staff and affiliates (collectively, "Affiliated Parties") harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of this Agreement or use of the Website.
18. Changes, Misprints, Errors and Cancellations: Platinum Retail Brands Pty. Ltd. reserves the right, in our sole discretion and without further notice to users of the Website, to edit or delete any documents, information or other content appearing on the Website, including this Agreement, goods and services advertised or offered through this Website, the prices or specifications of such goods and services, and any promotional offers and any other Website materials at any time, without any notice or liability to you or any other person. We cannot guarantee that goods or services advertised or offered on the Website will be available at or after the time the order was placed. In addition, we reserve the right to limit quantities made available for sale or as samples. We do not warrant that the Website materials are accurate, complete, reliable, current, or error-free. We also reserve the right to cancel, terminate, or not process any orders where the price or other material information on this Website is inaccurate, or when we recognise abuse of our policies. If we do not process an order for such reason, we will notify you that the order has been cancelled.
19. Modifications to this Agreement: Platinum Retail Brands Pty. Ltd. expressly reserves the right to modify or alter any part of this agreement without notice. Your use of the Website will be deemed acceptance of these modifications. The latest modifications will be posted on the Website and you are advised to review the Terms and Conditions prior to using the Website. We have complete discretion to modify or remove any part of this Website without warning or liability arising from such action.
20. Copyrights: All intellectual property such as content, graphics, design, trademarks, trade names, and other data related to the Website, are protected under applicable copyrights, trademarks, registered trademarks and other proprietary rights. By using the Website you agree to respect the intellectual property rights of Platinum Retail Brands Pty. Ltd. and will not copy, download, transmit, reproduce, print, or exploit for any commercial purpose material contained within the Website. The posting of information or materials on the Website does not constitute a waiver of any right in such information and materials.
21. Submissions: All suggestions, ideas, notes, concepts and other information you may from time to time send to us (collectively, "Submissions") shall be deemed, and shall remain, our sole property, and shall not be subject to any obligation of confidence on our part. Without limiting the foregoing, we shall be deemed to own all known and hereafter existing rights of every kind and nature regarding the Submissions, and shall be entitled to unrestricted use of the Submissions for any purpose, without compensation to the provider of the Submissions.
22. Severance: If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall remain in force.
23. Applicable Law: This Website is created and controlled by Platinum Retail Brands Pty. Ltd., which is registered in Sydney, Australia. As such, the terms and conditions of this “Website” are governed by and construed in accordance with the laws of New South Wales, Australia. You irrevocably submit to the exclusive jurisdiction of the courts of New South Wales, Australia.