This Agreement describes the terms and conditions which are applicable
to your use of this Website. Please read these terms and conditions
carefully before you use our Website. If you do not accept these
terms and conditions, please do not use our services. As we may
amend this Agreement at any time by posting such amendment of the
Website, we recommend that your monitor these pages from time to
time.
These Conditions contain the following sections
1. Eligibility for Services
2. Acceptance of Conditions
3. Amendment of Conditions
4. Our liability
5. Indemnity
6. Your obligations and our rights
7. Payment
8. Breach and Termination
9. Assignment, Sub-Contracting and Intellectual Property
10. Data Protection and Privacy
11. Confidentiality
12. No Agency and Exclusion of third party rights
13. Notices
14. Waiver
15. Linked Internet Sites
16. General
These Conditions apply to any use by you of the Website. The Glossary
in Schedule 1 sets out what we mean by each defined term, for the
purposes of these Conditions. When a contract in entered into on
the Conditions, the parties will be:
(a) us, Babycareadvice.com, also referred as "the Website
Provider", "we" and "us", (all of these
expressions include any person to whom we have assigned our rights
under these Conditions and, where the context permits, any Affiliates
of ours or other person acting on our behalf); and
(b) you, also referred to as "the Web User" and "Approved
Person".
1. Eligibility for Services
1.1 Our Services are eligible only to individuals who can form
legally binding contracts under Australian Law. Without limiting
the foregoing, our Services are not available to minors, and you
must be over 18 years of age to enter into a contract with us.
If you do not qualify, please do not use our Services.
1.2 In the event that we discover you are not eligible to enter
into a contract with us, we shall reserve the right to withdraw
our Services from you.
1.3 Our Services are not intended to replace the services offered
to you by your medical provider. We therefore recommend that you
keep your medical provider informed about the Services you are
receiving from us.
2. Acceptance of Conditions
2.3 Once you accept these Conditions in the manner indicated
by the Website, your acceptance will constitute:-
2.3.1 an offer by you to contract on the terms of these Conditions;
and
2.3.2 your agreement that data provided by you pursuant to these
Conditions may be used in accordance with Condition 10 (Data Protection);
and
2.3.3 a representation by you that no information provided or
to be provided by you will infringe any law.
2.2 Once an appointment date has been scheduled for you to receive
Services, should the consultant nurse allocated to you need to
cancel your appointment, we shall
2.2.1 automatically re-allocate your appointment with another
nurse consultant using your original credit card payment; or
2.2.2. at your request, cancel your appointment in which case
you shall receive a full refund or credit; or
2.2.3. at your request, reschedule your appointment to a future
date.
3. Amendment of Conditions
3.1 The conditions may be amended by us at any time by posting
the amended Conditions on the Website. The amended Conditions
will be effective upon the effective date indicated in them. We
therefore recommend that you monitor the conditions from time
to time.
3.2 We may add or delete any part of all of the Website Services
at our discretion at any time.
3.3 We shall be entitled to monitor the Website as often as,
and in, such manner as, we see fit. We shall further be entitled
to suspend the operation of the Website, or any of the Website
Services, temporarily or permanently, for any reason whatsoever.
3.4 The Conditions will not be modified except in accordance
with Condition 3.1 or 3.2.
3.5 Your continued use of the website following publication of
the amendments on the Website will represent an agreement by you
to be bound by the Conditions as amended.
4. Our Liability
4.1 The following provisions set out our entire liability and
your attention is in particular drawn to the provisions of this
clause.
4.2 We shall attempt to ensure that the information available
on the Website at any one time is truthful and accurate.
4.3 To the extent permitted by Law, any conditional warranty
which would otherwise be implied into these Conditions is hereby
excluded. Where legislation implies any conditional warranty and
that legislation prohibits us from excluding or modifying the
application of or liability under such conditional warranty that
conditional warranty shall be deemed included, but our liability
will be limited for a breach of that condition or warranty to
the sum which is aggregate of all sums paid by the Web User under
this contract in the twelve (12) months proceeding such breach.
4.4 In no circumstances shall we, our employees, our agents or
any other person acting on our behalf be liable for any direct,
incidental or consequential loss.
4.5 Without prejudice to the generality of the foregoing provisions,
the Website Services are provided without warranty or any kind,
either express or implied, including (without limitation) any
warranty as to the information supplied or any decisions made
through using the Services.
5. Indemnity
5.1 You will indemnify, defend, and hold us and/or Affiliates,
employees, independent contractors, officer, directors, agents,
successors and assigns harmless from and against any suits, losses,
claims, demands, liabilities, costs and expenses (including legal
and accounting fees)("a Claim") arising out of or relating
to any claim or action based upon a breach of these Condition
by you.
We shall:
(a) provide you with prompt written notice of any Claim:
(b) permit you to control the defence and settlement of any
Claim but only if you meet the costs in full of any such defence
or settlement; and
(c) not enter into any settlement or compromise of any Claim
without your prior consent.
6. Your obligations and rights
6.1 You shall be responsible for complying with all laws in Australia.
For clients using this service from places external to Australia,
our Conditions shall be construed and governed in all respects
in accordance with the laws of Australia and any dispute or differences
in relation to these Conditions shall be subject to the exclusive
jurisdiction of the Australian Courts.
6.2 You shall:
6.2.1 not use any device, software or routine to knowingly or
intentionally interfere with the proper working of the Website
or the Website Services or cause any virus, bug or other interference
to be introduced into the Website or any System
6.2.2 ensure that no information provided on your behalf is obscene,
defamatory or threatening or breaches any Intellectual Property
or other rights of others and/or damages any or our hardware or
software or any hardware or software of third parties; and
6.2.3. not knowingly or intentionally undertake any action which
either disrupts the Website or imposes an unreasonable or disproportionately
large load on the Website's infrastructure.
6.3 You will meet all costs incurred by you in connection with
your use of the Website Services.
6.4 In the event of any credit card fraud or similar activity
by yourself resulting in our repaying a credit card facility,
forthwith reimburse us for our entire loss.
6.5 Except as where otherwise specified any word or devise to
which is attached the TM or ® is a registered trademark. You
must not use any of our trademarks.
a) in or as the whole or part of your own trademarks;
b) in connection with activities, products or services which
are not ours;
c) in any manner which may be confusing, misleading or deceptive;
d) in a manner that disparages us or our information, products
or services (including the Website).
7. Payment
7.1 In return for the Services payment is to be made in US dollars.
7.2 Payment is to be made in advance by credit card on the day
that you book an appointment with nurse consultant allocated to
you. We shall then send you an email setting out the exact time
for your appointment
7.3 You agree to pay the applicable fee, even in the event that
you wish to cancel the Services, unless 48 hours notice of cancellation
before the date of your appointment is given.
7.4 In the event you live in a country other than USA, Canada,
UK and Australia, you agree to pay related telephone call expenses
for Service provided by telephone in addition to the consultation
fee.
8. Breach and Termination
8.1 Either of us can terminate this Agreement or the provision
or receipt of Services by giving 48 hours notice in writing. In
the event that this Agreement is terminated you must pay us all
the charges outstanding at the time of termination.
8.2 Without prejudice to any other remedies which may exist,
if you fail to comply with any of the Conditions, we shall be
entitled to treat the contract then in existence in relation the
Web Services as discharged by such breach, immediately following
notice from us.
9. Assignment, Sub-Contracting and Intellectual Property
9.1 You shall not assign or transfer or purport to assign or
transfer to any other person any rights under these Conditions,
without our approval in writing.
9.2 We shall be entitled to assign rights under these Conditions
without your prior approval and may sub-let the whole or any part
of our obligations under these Conditions without any such approval.
9.3 You acknowledge that (other than in respect of information
provided by you) the Intellectual Property Rights in and to the
Website any rights to information, documentation, images and other
material of whatsoever nature displayed on the Website are our
absolute property and/or the property of third parties contracting
with us and you shall assert no right, title or interest in or
to any such matter..
9.4 This Website is for personal and non commercial use. You
may not modify, copy, distribute, transmit, display, perform,
reproduce, publish, licence, create derivative works from, transfer
or sell any information obtained from the Website. You may only
download to your personal computer for viewing purposes and print
out a number of pages of the Website for your personal use.
9.5 The provisions of the Condition 9 shall survive expiry or
termination howsoever arising.
10. Data Protection and Privacy
10.1 We shall take reasonable steps to protect the information
collected from you and other Web Users and use such information
only for the purpose for which it was provided. Please note that
the registration of your personal information on the Website is
your consent to the use of that information as set out in this
Agreement.
10.2 For the purpose stated in Clause 10.1, the information may
be stored and processed. We declare that in accordance with clause
11, all such information will be treated confidentially. On request
by you, by a Court of law or any other body entitled thereto by
law, we will supply information on your stored data and correct,
delete or prevent the further use of the data held.
10.3 The parties to the Agreement undertake to one another, where
applicable:
10.3.1 to comply at all times with any laws relating to privacy,
intellectual property or data retention;
10.3.2 to obtain and/or maintain all necessary registrations
and/or notifications required by any laws relating to privacy,
intellectual property or data retention; and
10.3.3 not to do or permit anything to be done which may cause
the other to be in breach of any laws relating to privacy, intellectual
property or data retention including, without limitation, the
improper collection, use, disclosure or loss of data held on any
computer or other equipment or held by way or manual or other
non-computerised systems and any kind of improper use, disclosure
or abuse of computer passwords,
10.4 Whilst we are committed to protecting your privacy, we cannot
guarantee the security of information disclosed by you online
since the internet is not a secure medium. You must assume the
entire risk for using the Website. You must exercise care and
accept responsibility for the maintaining of secrecy of any password
and/or account information online. Nevertheless, once we receive
your transmission we will take reasonable steps to preserve the
security of such information.
10.5 In the event that the Website Provider is sold or integrated
into another business, your details may be disclosed to our prospective
purchaser's advisers and subsequently to the new owners only for
the purposes of maintaining the supply of Services.
11. Confidentiality
11.1 The parties agree to keep confidential any and all information
concerning each other whether disclosed in writing, verbally or
in relation to the matters provided for in these Conditions (the
Information"). The parties further agree in particular not
to disclose all or any part of that information to any third party
(except as may be required by mandatory rule of law or order of
court of competent jurisdiction or as required for performance
of their obligations under these Conditions).
11.2 For the purposes of the clause 11 the parties each agree
that the information shall not include:
11.2.1 information which is or becomes available in the public
domain (on the Web site or otherwise);
11.2.2 information which the recipient can establish was at its
free disposal prior to its receipt under or in connection with
this Agreement; or
11.2.3 information at any time received from the recipient from
third party not apparently bound (after enquiry) by any obligation
of confidence.
12. No Agency
12.1 We and you are each independent contractors and no agency,
partnership, joint venture, employer-employee or franchiser-franchisee
relationship is intended or created by these Conditions
12.2 A person who is not party to the contract in not intended
to have enforceable rights under such contract.
13 Notices
13.1 Any notices to be sent to either party shall be sent by
email to:
13.1.1 us at the end email address given in the definition of
"Web Provider" in Schedule 1; and
13.1.2 you at the email address specified in our records for
you for the time being.
13.2 Notice sent by email shall be deemed to be received twenty
four (24) hours after sending unless the sender has by then received
notification that the email was not received in circumstances
where the sender's information systems generally issue such notifications
and were full operational for all material purposes at the relevant
time.
14 Waiver
14.1 No indulgence shown by either party to the other shall prevent
that party subsequently insisting upon its rights and remedies
under these Conditions.
15 Linked Internet Sites
15.1 The Website may contain links to other sites. Please be
aware that if you follow these links, other sites may have different
terms and conditions.
15.2 We are not responsible for the content or services available
on any other internet site linked to or accessed via the Website
or for the terms and conditions of these sites.
16 General
16.1 These Conditions shall be construed and governed in all
respects in accordance with The Laws of Australia and any dispute
or difference in relation to these Conditions shall be subject
to the exclusive jurisdiction of the Australian Courts.
16.2 Any reference in these Conditions to a statue or provision
of any statute shall be construed as a reference to that statute
or provision as amended, re-enacted or extended from time to time.
16.3 The headings in the Conditions are for convenience only
and shall not affect their interpretation
16.4 Where the context so admits, words importing a singular
number only shall include the plural and vice versa, words importing
one gender shall include the other genders.
16.5 If any provision of these Conditions is held to be invalid,
void and/or unenforceable, such provision or part shall not affect,
and shall be deemed to be severed from, the remainder of these
Conditions to the extent that the remainder shall be or continue
to be fully valid and enforceable.
16.6 These Conditions constitute the entire agreement between
the parties with respect to the subject matter covered by them
and supersede and extinguish any representations and understanding
previously given or made other than those set out in these Conditions.
1. In the Conditions, the following expressions shall have the
following meanings:
1.1 "Affiliate" means in relation to either party,
a person (as defined at paragraph 2.1 below) which controls or
is controlled by or which is controlled by an entity which controls
such party:
1.2 "Conditions" means these general conditions for
the provision of Service.
1.3 "Intellectual Property Rights" means patents, registered
designs trademarks, utility models (whether registered or unregistered),
applications for any of the foregoing and the right to apply therefore
in any part of the world: copyrights design rights data based
rights, topography rights, know-how; all other similar equivalent
rights arising or subsisting in any country of the world in relation
to the Website or any part of it.
1.4 "Service" means the provision of consultation on
the Websites.
1.5 "System" means the information systems through
which a Web User connects to the Website.
1.6 "Website" means the site reference www.babycareadvice.com
, on the worldwide web and, where the context permits, shall include
any Web Site linked to the www.babycareadvice.com Web Site.
1.7 "Website Provider" means Baby Care Consultancy,
registered under Queensland Business Names Act 1962 Section 7(4),
having business number BN 18033969 and it's registered office
at 22 First Avenue, Sandgate 4017, Australia (email address: admin@babycareadvice.com).
1.8 "Website Services" means any services which may
be supplied according to these Conditions.
1.9 "Web User" means any person entering the Website.
2. Reference in the Conditions to:
2.1 the word "person" or "persons" or to
words importing persons include, without limitation individuals,
partnerships, corporations, government agencies, committees, departments,
authorities and other bodies, corporate or unincorporated, whether
having distinct legal personality or not;
2.2 any agreement or instrument shall include such agreement
or instrument as it may from time to time be amended, supplemented
or substituted;
2.3 an "agreement" also includes a concession, contract,
deed franchise, licence, treaty or undertaking (in each case)
whether oral or written.
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