Terms & Conditions
These Terms & Conditions govern the use of babytoothland.com.au ("the website") and the purchase of any goods from it. The website is operated and managed by Baby Tooth Land Pty Ltd (ABN 98 150 023 939) ("Baby Tooth Land").
Acknowledgement and Acceptance of Terms & Conditions
By accessing, using or browsing the website you agree to be bound by its terms, conditions, disclaimers and limitations of liability ("Terms & Conditions"). Baby Tooth Land may at any time revise the Terms & Conditions by updating this web page without providing notice to you. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms & Conditions.
Limitation of Liability
Any liability of Baby Tooth Land or Baby Tooth Land's Associates in connection with goods or services supplied to you will, subject to any non-excludable liability for breach of conditions or warranties implied by legislation and to the maximum extent permitted by law, at the election of Baby Tooth Land be limited to:
- in relation to goods:
- the replacement or repair of the goods;
- the supply of equivalent goods;
- the payment of the cost of replacing or repairing the goods; or
- the payment of the cost of obtaining equivalent goods; and
- in relation to services:
- the supplying of the services again; or
- the payment of the cost of having the services supplied again.
You understand and agree that your use of the website is at your sole risk. The website is provided on an "as is" and "as available" basis.
Baby Tooth Land and its related bodies corporate, any of its directors, officers, employees, consultants or shareholders ("Baby Tooth Land's Associates") make no representations or warranties of any kind, express or implied, as to the operation of the website or the information, content, materials, or products included on the website. Baby Tooth Land does not warrant that this website, its servers, or e-mail sent from Baby Tooth Land are free of viruses or other harmful components.
To the fullest extent permitted by applicable law, Baby Tooth Land disclaims all representations and warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose and non-infringement.
You acknowledge and agree that, subject to the section dealing with "Limitation of Liability", Baby Tooth Land or Baby Tooth Land's Associates will not be liable to you or any other person for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for product liability, personal injury or negligence resulting from use of goods or services supplied to you, or on behalf of you, through the website.
All content included on the website and the products or services provided or sold by Baby Tooth Land including the text, graphics, logos, icons, images, audio and video clips and software is the property of Baby Tooth Land and/or its content supplier and protected by Australian and international copyright laws.
You may not reproduce, retransmit, disseminate, sell, distribute, publish, broadcast, circulate or commercially exploit the information or the services found in the website in any manner without the express written consent of Baby Tooth Land, or use such information or services for any unlawful or unauthorised purpose. Permission is granted to electronically copy and/or print hard copies of pages from the website solely for personal non-commercial purposes only.
If you believe any material contained in the website infringes your intellectual property, please notify Baby Tooth Land of the alleged copyright infringement by contacting us.
Information Provided by You
If you purchase goods or services from the website or subscribe to the e-mail newsletter, we may require you to provide your name, address, e-mail address, credit card or other details ("customer information"). You agree to provide Baby Tooth Land with current, complete and accurate customer information when asked to do so by the website or an employee of Baby Tooth Land.
If you submit suggestions, ideas, comments, questions or other information ("material") to Baby Tooth Land you are responsible for such material and responsible for the consequences of any material you provide. The material shall not:
- be false, misleading or fraudulent;
- infringe any intellectual property rights;
- violate any law, statute or regulation;
- be obscene, threatening or defamatory; or
- contain any viruses, worms or other harmful components that are intended to damage, interfere with, intercept or expropriate any software, hardware, system or data.
Baby Tooth Land reserves the right to edit, restrict or remove any material you provide for any reason at any time. Baby Tooth Land takes no responsibility and assumes no liability for any material posted by you or any third party.
By submitting any material to us, you agree that Baby Tooth Land may use your material for any purpose, including reproduction, transmission, publication, broadcast or posting.
You may not have more than one active customer account, whether this is by use of name, e-mail address, an alias or combination thereof. If you breach this condition, you may be liable for the recovery of any benefits obtained this way, such as gift vouchers, promotional benefits and the value therein.
Customer accounts are non-transferable. You may update, edit or terminate your customer account at any time. You agree to maintain and update the information as supplied by yourself to ensure accuracy at all times.
You are responsible for maintaining the confidentiality of your customer account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your customer account or password.
Although we make every effort to ensure that products are in stock when so indicated and that information, images and prices concerning products and services listed on the website are accurate, product details and availability may be subject to change without notice. If a product or service has been listed at an incorrect price, Baby Tooth Land reserves the right to refuse or cancel your order for that product or service even if your order has been confirmed. Your receipt of confirmation of an order from us does not signify our acceptance of that order, and we may cancel such order or supply less than the quantity you ordered.
If you have any questions or require more detailed specifications concerning a product or its use, you should contact the products manufacturer.
Placing and Accepting Orders
Orders will not be despatched until payment in full has been received and Baby Tooth Land is satisfied with the integrity of the order.
Without limiting the operation of any Terms & Conditions therein, Baby Tooth Land takes no responsibility for any loss or damage caused by late delivery or cancellation of an order or a product.
Placement of an order by you constitutes an offer to enter into an agreement with us ("your offer"). Baby Tooth Land will e-mail you an Order Confirmation for the sole purpose of confirming the details of your offer. The Order Confirmation does not constitute an acceptance of your offer or reflect the status of your order in any way.
Cancellation by Us
Baby Tooth Land reserves the right not to provide goods or services, terminate customer accounts or cancel orders (or part thereof) at our sole discretion at any time. Without limiting the operation of other Terms & Conditions, we will not be held liable for loss or damage arising from exercising these rights.
Cancellation by You
If you need to cancel an order, please contact us immediately. Our agreement with you commences once we have both confirmed your order and processed your payment. Once we have accepted payment for an order, cancellation of the order is within our sole discretion.
Gift Vouchers and Discount Codes
From time to time, gift vouchers and discount codes may be issued with an expiry date. Once that voucher or discount code has expired, we are unable to extend the expiry date under any circumstances. It is the users responsibility to ensure it is redeemed before the expiry date.
Gift vouchers and discount codes are:
- not redeemable for cash;
- only redeemable online at babytoothland.com.au; and
- not transferable.
Links to Other Websites and Services
Baby Tooth Land is not responsible for, and makes no warranties or claims with respect to any websites linked directly or indirectly via the website.
Any such website is independent from the website and Baby Tooth Land has no control over, or responsibility with respect to the information provided or activities undertaken by such website.
The appearance of a website link does not mean that Baby Tooth Land endorses such websites. When leaving the website, please be aware our Terms & Conditions and other policies no longer govern.
Release and Indemnity
You agree to waive any and all claims that you know have or may have in the future against Baby Tooth Land and Baby Tooth Lands associates which relate to or are incidental to any transaction.
You agree to indemnify and hold Baby Tooth Land harmless from and against any and all claims, loss or expense that may be incurred by Baby Tooth Land or Baby Tooth Lands Associates which relate to or are incidental to the performance of its duties as described in these Terms & Conditions including all costs of defending itself against a claim by any other person and/or as a result of you taking any action or refraining from taking any action or instituting or defending any action or legal proceeding.
You further agree to indemnify and hold Baby Tooth Land and Baby Tooth Land's Associates harmless from any claim made by any third party due to or arising out of your use of the website, the violation of these Terms & Conditions by you, or the infringement by you, or other users of the website using your customer account, of any intellectual property or other right of any person or entity.
These Terms & Conditions are governed and construed in accordance with the laws of Victoria, Australia, without reference to its conflict of law rules. You agree to irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Victoria.
Headings are for reference purposes only and in no way define or limit the scope of a section. The invalidity or unenforceability of any provision of these Terms & Conditions shall not affect the validity or enforceability of the remaining provisions. The Terms & Conditions shall be binding on and inure to the benefit of each of our respective successors.