Terms of Use
Terms of Use
This website, "ourbabynest.com.au", is the on-line storefront of Baby Nest. In these Terms of Use, "we", "us", or "our" means Baby Nest and includes owners, employees and agents, and "you" or "your" means the person who has accepted these Terms of Use by using this website.
By visiting the "ourbabynest.com.au" website and/or purchasing something from us, you engage in our "Service" and agree to be bound by the following Terms of Use and Conditions referenced herein. These Term of Use apply to all users of the site, including all browsers, vendors, customers, merchants and/or contributors.
If you do not agree with these Terms of Use or other referenced policies, you should not use the site.
Privacy Policy
Please refer to the site Privacy Policy for information regarding the collection, use, and storage of any personal information of users of this website.
Online Store Terms
Part of this website allows you to browse, select, compare and purchase products from Baby Nest.
You must create an account in order to select, compare and purchase products. To create an account, you must provide personal details and contact information. You are responsible for maintaining the confidentiality of your account or password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. You warrant that all details provided to us as part of your account set up and as part of the ordering process are accurate and correct, and that they are still accurate and correct at the time of ordering. Baby Nest does not accept responsibility for incorrect order fulfillment due to inaccurate or incorrect details. This website is intended for use by persons aged 18 years or older. Users under 18 are advised to seek permission from a parent or guardian before purchasing any products from this website.
We reserve the right to refuse any order you place with us. We may, at our sole discretion, limit or cancel quantities purchased per person, per household or per order. In the event that we make a change to or cancel an order, we may attempt to notify you using the email address and/or billing address provided at the time of the order.
Information Provided on this Website
The information of this website is intended for general, public information only and should not be considered to be complete or definitive. We take all reasonable steps to ensure that information on this website is correct, however we do not warrant that is it accurate or complete. To the maximum permitted by law, Baby Nest accepts no responsibility regarding the completeness or accuracy of information on this website and the use of such information is at your own risk.
Prices for our products are subject to change without notice. We reserve the right to modify or discontinue the Service without notice at any time. We shall not be liable to you or any third party for any modifications, price changes, suspension or discontinuance of the Service.
Products and Services
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Returns Policy.
We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate.
We reserve the right, but are not obliged, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
Links to Third Party Websites
This website may contain links to sites maintained by other organisations. Those Third Party Websites are not under the control of Baby Nest. Baby Nest does not take responsibility for the material or functionality of any Third Party Websites. You should take appropriate action to ensure that your access to, and the use of this website and any Third Party Websites is protected against and free from viruses, worms, trojan horses and other harmful and destructive material.
Trade Marks and Copyright
Intellectual property rights in all software and material on the website is owned by Baby Nest and/or its licensors. Except where necessary for viewing material on this website on your browser, or as permitted under the Copyright Act 1968 (Cth) or other applicable laws or these Terms of Use, no materials on this website may be uploaded to a third party, linked to, framed, reproduced, adapted, performed in public, distributed or transmitted in any form by any process without the specific written consent of Baby Nest.
Your Obligations
In addition to obligations listed elsewhere in the Terms of Use, you agree:
- not to copy or adapt any Materials, tamper with this website, misrepresent your identity, use buying agents or conduct fraudulent activities on the website;
- not to transmit or attempt to transmit any viruses, hack data or engage in any hacking activity of any kind;
- to access this website for personal use only;
- to comply with all laws in relation to your access or use of Materials on this website, including laws of the country in which you reside or from which you access this website; and
- not to use any data listed on this website for commercial purposes.
Limitations of Liability
To the maximum extent permitted by law Baby Nest is not liable (whether in contract, tort, under statute or otherwise) for any loss, damage or expenses (including special, indirect or consequential loss, loss of profit or revenue, loss of use, interruption of business, loss of data, legal costs or settlement costs or otherwise) in connection with:
- use of this website, any other hyperlinked websites, Materials on this website or to Third Party Material;
- the transmission of any computer viruses, worms, trojan horses and other harmful and destructive material; and
- any inability to access or use the website due to technical reasons beyond our control.
To the maximum extent permitted by law, Baby Nest provides no representations or warranties, express or implied, including any implied warranties of fitness for a particular purpose, merchantability or otherwise in relation to any information provided by Baby Nest. Where liability cannot be excluded, the maximum liability of Baby Nest for a breach of any term, condition or warranty implied by law or otherwise is limited, at the election of Baby Nest to:
- resupply of the relevant advice, service, recommendation or information; or
- payment to you of the cost of having the relevant advice, service, recommendation or information supplied again.
General
Your access to this website may be cancelled without notice if you are in breach of these Terms of Use. All restrictions, licenses granted by you and all disclaimers and limitations of liability by Baby Nest will continue after cancellation.
Baby Nest may, as reasonably required from time to time, revise these Terms of Use. By using this website, you agree to be bound by all revisions and you should therefore periodically visit this page to determine the then current Terms of Use which govern your relationship with Baby Nest.
If a provision of the Terms of Use is invalid or unenforceable, it is to be read down or severed to the extent necessary without affecting the validity or enforceability of any remaining provisions.