Terms & Conditions
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
- Eligibility for Services
- Acceptance of Conditions
- Amendment of Conditions
- Our liability
- Your obligations and our rights
- Breach and Termination
- Assignment, Sub-Contracting and Intellectual Property
- Data Protection and Privacy
- No Agency and Exclusion of third party rights
- Linked Internet Sites
Schedule 1 - Glossary of Defined Terms
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.
5.1 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.
(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).
7.1 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.
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.
11.1 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.
13.1 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.
14.1 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.
16.1 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: firstname.lastname@example.org).
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.