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Terms of use

[*Please note that these Website Terms of Use were updated on the 6th February 2015]

WEBSITE TERMS OF USE

The use of our website www.happybaby.com.au (the "Website") is subject to these terms of use ("Terms of Use"). Please read these terms of use carefully before you start to use the Website. Your use of the Website constitutes your agreement to be bound by the Terms of Use. If you do not agree to these terms of use, please refrain from using the Website.

Other terms and conditions may apply where you access other services through the Website, including services provided by one of the other members of the Mayborn group of companies. You should read any other applicable terms and conditions carefully before accessing and using such other services. These terms of use are effective from 6th February 2015.

PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS ON OUR LIABILITY TO YOU. YOUR ATTENTION IS PARTICULARLY DRAWN TO SECTIONS ‎5, 7.3AND 7.4 WHICH CONTAIN RESTRICTIONS ON OUR LIABILITY TO YOU AND REQUIRE YOU TO COMPENSATE US IF YOU ARE IN BREACH OF THESE TERMS OF USE.

 

INFORMATION ABOUT US.

 

  1. The Website is operated by Mayborn ANZ Pty Ltd ABN 66 154 703 134 ("Mayborn", "we", "us", "our"). We are registered in Australia Mayborn ANZ Pty Ltd is a company incorporated in Australia whose registered office is at Unit 21, Hallmark Office Park Mt Waverley,15 Ricketts Rd, Mt Waverley, Melbourne, Victoria, Australia. Mayborn Group is a business name of Mayborn ANZ Pty Ltd.
MODIFICATION
  1. We aim to update our Website regularly, and may change, edit, delete or revise the content of the Website from time to time including these Terms of Use. Please check this page for changes which have been made to the Terms of Use. By continuing to use the Website you accept these Terms of Use as they apply from time to time.
INTELLECTUAL PROPERTY RIGHTS
  1. We are the owner or the licensee of all copyright, design rights, database rights, trade marks and other intellectual property rights in this Website and in the material published on it. You may not translate, broadcast, perform, modify, copy, distribute, frame, reproduce, republish, display, post, transmit or sell in any form or by any means any content or intellectual property appearing on this Website without the owner's prior written consent.
  2. You are granted a limited licence to access and use the Website and the Website content and to download or print a copy of any portion of the Website content to which you have properly gained access, solely for your personal, non-commercial use, provided that you keep all copyright and other proprietary notices intact. You may not upload or republish site content on any internet, intranet or extranet site. Such licence is subject to these Terms of Use and does not permit use of any data mining, robots, scraping or similar data gathering or extraction methods.
  3. Any use of the Website or Website content in breach of these Terms of Use is strictly prohibited and we reserve the right to suspend or terminate your use of the Website immediately after which you must, at our option, return or destroy any copies of the materials you have made. You agree to use this Website only for lawful purposes and in a manner that does not infringe the rights of, or restrict or inhibit the use and enjoyment of this Website, by any third party. This licence is revocable at any time without notice and with or without cause.
TRADE MARKS
  1. "Closer To Nature" and "Explora" are registered trade marks of Jackel International Limited. "Sangenic" is a registered trade mark of Sangenic International Limited. "Simply Intuitive" is a trade mark of Jackel International Limited that is currently the subject of an application for trade mark registration in Australia. Jackel International Limited and Sangenic International Limited are companies within the same group of companies as Mayborn. Other trade marks and logos shown on the Website are either owned by Jackel International Limited or a third party. No rights are granted to use any trade marks on this Website without the trade mark owner's prior written consent. Mayborn is licensed to use the Jackel International Limited and Sangenic International Limited trade marks on the Website.
DISCLAIMER OF LIABILITY
  1. Except where prohibited by law, the material on this Website is provided on an "as is" basis and we give no warranty and make no representation regarding the accuracy or completeness of the content of this Website. Further, no warranty is given that the Website shall be available on an uninterrupted basis, and liability is excluded in respect of losses or damages arising out of such unavailability.
  2. Nothing in these Terms of Use shall limit or exclude our liability to you for:
    1. fraud or fraudulent misrepresentation;
    2. personal injury or death caused by our negligence; or
    3. any other matter for which it would be illegal for us to exclude, or attempt to exclude, liability.
  3. Certain information on the Website may be of an historical nature. All historical information contained in the documents or presentations set out in the Website should be understood as referring to events and circumstances as they existed on the date that the relevant documents or presentations were first published or the relevant recordings were made. Nothing on this Website constitutes an invitation or offer to invest or deal in the securities of the Mayborn group or an invitation by any Mayborn group entity to enter into a contract with a user of the Website.
  4. Access to and use of this Website is at the user's own risk and we do not warrant that the use of this Website or any material downloaded from it will not cause damage to any property or data, including but not limited to loss of data or computer virus infection. We exclude liability for viruses or other computer contaminants. You are recommended to take all appropriate safeguards (such as installing appropriate anti-virus software) and firewalls before downloading information or images from the Website.
  5. Subject to clause ‎5.2 above, we shall not be liable to you for any of the following (whether or not we were advised of, or knew of, the possibility of such losses) arising from any claim arising out of or in connection with the use of the Website, including without limitation, under any tort, including negligence, for breach of contract, for misrepresentation (other than fraudulent misrepresentation), intellectual property infringement or under any statute or otherwise:
    1. any indirect, special or consequential losses;
    2. any losses or damages arising out of changes made to the content of this Website by unauthorised third parties;
    3. any loss of business, data, profits, revenue, goodwill, use or anticipated savings;
    4. loss or damage to your, or any third party's, data or records; or
    5. any delay in, or failure of, performance of our obligations under these Terms of Use arising from any cause beyond our reasonable control including any of the following: act of God, governmental act, war, fire, flood, explosion or civil commotion, failure in information technology or telecommunications services, failure of a third party (including failure to supply data) and industrial action.
  6. Except as expressly provided in these Terms of Use, we exclude all representations, conditions and warranties whether express or implied (by statute or otherwise) to the fullest extent permitted by law.
  7. If any law implies a condition, guarantee or warranty into or in relation to these Terms of Use which cannot be lawfully excluded then notwithstanding any other term in these Terms of Use, it is not excluded and these Terms of Use must be read accordingly. However to the maximum extent permitted by law, our liability for any breach of any such condition, guarantee or warranty will be limited to (at our option) in the case of goods, 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 acquiring equivalent goods or the payment of the cost of having the goods repaired; and in the case of services, the supplying of the relevant service again or the payment of the cost of having that service re-supplied.
PRIVACY
  1. Please read the terms of our Privacy Policy which contains important information about how we use personal information about you which you provide when using the Website (including information about how we use cookies on the Website). Our Privacy Policy can be accessed via the link located at the bottom of every page of this Website.
VIRUSES, HACKING AND OTHER OFFENCES
  1. You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack.
  2. We will report any breach of clause 7.1 to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them to the extent permitted by legislation. In the event of such a breach, your right to use our Website will cease immediately.
  3. You agree to fully indemnify and hold us harmless against any expenses, costs, loss (including consequential and indirect loss) or damage that we may incur resulting from any breach by you of clause 7.1.
  4. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or to your downloading of any material posted on it, or on any website linked to it.
SUBMITTING CONTENT TO THE WEBSITE
  1. If you submit content to the Website you must ensure that you do not submit any material which is threatening, defamatory, misleading, obscene, indecent, seditious, offensive, pornographic, abusive or otherwise inappropriate or in breach of any third party rights or any law.
LINKING TO OUR SITE
  1. You may link to our home page only with our prior written consent (which we may grant or withhold at our absolute discretion), provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement where none exists.
  2. Our Website must not be framed on any other site, nor may you create a link to any part of our Website other than the home page unless written permission is granted by us. We reserve the right to withdraw linking permission without notice.
LINKS FROM OUR SITE
  1. The use of third party websites is entirely at your own risk. Where our Website contains links to other sites and resources, provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
JURISDICTION AND APPLICABLE LAW
  1. These Terms of Use are governed by the laws of Victoria, Australia and (subject to the next sentence) the courts having jurisdiction in Victoria will have exclusive jurisdiction with respect to any dispute arising under, or in relation to them and you irrevocably submit to the jurisdiction of those courts. We also retain the right to bring proceedings in any other court of competent jurisdiction of our choice.
SEVERANCE
  1. If any part of these Terms of Use is determined to be invalid or unenforceable by a court of competent jurisdiction, it will be severed from the rest of these Terms of Use which shall remain unaffected.
NO WAIVER
  1. No delay or failure by us to exercise any powers, rights or remedies under these Terms of Use will operate as a waiver of them, nor will any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them.
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