Website terms and conditions of use
In these terms and conditions, “we” “us” and “our” refers to G’Day Baby Pty Ltd ACN 164 522 070 t/as G’Day Baby & Kids (G’Day Baby). These terms and conditions of use (Site Terms) apply to your use of the website www.gdaybaby.com.au (Site) and do not alter in any way the terms or conditions of any other agreement you may have with us.
Please read these Site Terms carefully. By visiting or using the Site, you agree to be bound by the Site Terms and by all terms, policies and guidelines incorporated by reference. If you do not agree to all of these terms, do not use the Site. By using this Site, you represent and warrant that you are over the age of 18 and are lawfully able to accept these Site Terms.
Ownership of the Site and its Contents
The Site is owned by G’Day Baby. Unless otherwise indicated, G’Day Baby owns or has a licence to use all of the content featured or displayed on the Site, including, but not limited to, text, graphics, designs, artworks, data, photographic images, moving images, sound, illustrations, software, and their selection and arrangement (Site Content).
All elements of the Site, including the Site Content, are protected by laws relating to the protection of intellectual property such as copyright and trade mark laws.
Use of the Site
This Site and the Site Content are intended for our customers. You may only use this Site or the Site Content for the purpose of doing business with us, including evaluating and ordering our products or services. You are permitted to download a copy of the information on this Site to your computer or personal mobile device for your personal use only provided that you do not delete or change any copyright symbol, trade mark or other proprietary notice.
Your use of our content in any other way infringes our intellectual property rights. You are specifically prohibited from: (a) using any data mining, robots or similar data gathering or extraction methods; and (b) manipulating or otherwise displaying the Site or the Site Content by using framing or similar navigational technology.
You represent and warrant that you will comply with all applicable laws and regulations, including, without limitation, those relating to the Internet, data, e-mail, privacy, and the transmission of technical data exported from Australia or the country in which you reside.
Protection of Children
We are committed to the well-being and protection of all the children used in our marketing materials. The images on the Website are only for the legitimate promotion of our products. If you use these images for any purpose which is inconsistent with the promotion of our products, we may take legal action against you. We do not solicit or knowingly collect any online information from children under 13 years of age without their parent’s verifiable prior written consent. If we receive actual knowledge that a subscriber to the Website is under the age of 13, we will remove all personally identifiable information about that person from our files.
Copyright Infringement Policy
In accordance with applicable copyright legislation and other applicable laws, G’Day Baby has a policy of terminating, in appropriate circumstances and at G’Day Baby’s sole discretion, account holders who infringe the intellectual property rights of G’Day Baby or any third party.
If you believe that any material on the Site infringes your copyright, you may send a notification of such infringement to us at [email protected] We may give notice of a claim of copyright infringement by means of a general notice on the Site or electronic mail to a user’s e-mail address.
G’Day Baby is the owner or licensee of registered and unregistered trade marks as identified on the Site and these may not be copied, imitated or used, in whole or in part, without the prior written permission of G’Day Baby. In addition, G’Day Baby owns the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, and it may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trade marks, product names and company names or logos used on the Site are the property of their respective owners. Our reference to any third party’s products or services is not an endorsement, sponsorship or recommendation of its products or services.
You may not use our logo or other proprietary graphic of G’Day Baby to link to this Site without our express written permission. Further, you may not frame any of our trade marks, logos or other proprietary information, including the Site Content, without our express written permission.
This Site may contain links to third party sites which are not under G’Day Baby’s control and G’Day Baby has no responsibility for the content of these sites. G’Day Baby makes no claim or representation regarding, and accepts no responsibility for, directly or indirectly, the quality, content, nature or reliability of third-party websites accessible by link from the Site, or websites linking to the Site. Links to other sites are provided for convenience only, and do not imply any affiliation, endorsement or adoption by G’Day Baby of the products or services offered by the site.
When you leave the Site, the Site Terms no longer apply. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site. You agree that G’Day Baby is not responsible or liable for any loss, damage or other matters of any sort incurred as the result of your dealings with third parties via their websites.
Forums & Other Interactive Services or Areas
The Site may include discussion forums or other interactive areas or services, including blogs, chat rooms, bulletin boards, message boards, online hosting or storage services, or other areas or services (Interactive Areas) in which you or third parties create, post or store any content, messages, comments, materials or other items on the Site (User Content). You are solely responsible for your use of such Interactive Areas and use them at your own risk. You must not delete or revise any User Content that you have not posted. When you post content to an Interactive Area, you represent and warrant that you have the lawful right to transmit, distribute and reproduce such User Content.
You agree not to post, upload, transmit, distribute, store, create or otherwise publish through the Site any of the following:
- User Content that is unlawful, libellous, defamatory, obscene, pornographic, harmful to minors, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
- User Content that constitutes, encourages or provides instructions for a criminal offense or violates the rights of any person or entity;
- User Content that may infringe any intellectual property or contractual rights of any person or entity;
- User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
- unsolicited promotions, political campaigning, advertising, junk mail, spam, chain letters, pyramid schemes or solicitations;
- personal or sensitive information of any third party;
- viruses, corrupted data or other harmful, disruptive or destructive files; and
- User Content that, in our sole judgment is objectionable or which may expose G’Day Baby or its users to any harm or liability of any type.
G’Day Baby is not liable for any statements, representations or User Content provided by its users in any public forum, personal home page or other Interactive Area. G’Day Baby reserves the right to remove, screen or edit any User Content posted or stored on the Site at any time and for any reason without notice. You are solely responsible for creating backup copies of and replacing any User Content you post or store on the Site at your sole cost and expense. Any use of the Interactive Areas or other portions of the Site in breach of the Site Terms may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Site. You acknowledge and agree that G’Day Baby may access, use or disclose any information about you or your use of this Site, including without limitation any User Content to comply with the law or any legal process; protect and defend the rights or property of G’Day Baby; or to protect the safety of our employees, customers or the public.
You represent and warrant that (a) you own and control all of the rights to the User Content that you post or you otherwise have the right to post such User Content to the Site; (b) the User Content is accurate and not misleading; and (c) use and posting of the User Content you supply does not violate these Site Terms and will not violate any rights of or cause injury to any person or entity.
If you post User Content to the Site, unless we indicate otherwise, you grant G’Day Baby and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content throughout the world in any media. You grant G’Day Baby and its affiliates and sub-licensees the right to use the name that you submit in connection with such content, if they choose. You consent to giving us this licence even where such acts in relation to the correspondence or communication involve (a) a failure to identify you as the author; (b) the false attribution of another person as the author; and (c) the subjection of them to derogatory treatment; whether occurring before or after the giving of consent, and which apart from this consent, infringe any moral rights subsisting in the correspondence or communication.
Registration Data and Account Security
In consideration of your use of the Site, you agree to: (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site (Registration Data); (b) maintain and promptly update the Registration Data, and any other information you provide to G’Day Baby, to keep it accurate, current and complete; (c) maintain the security of your password and identification; (d) notify us immediately of any unauthorised use of your account or other breach of security; (e) accept all responsibility for any and all activities that occur under your account; and (f) accept all risks of unauthorised access to the Registration Data and any other information you provide to us.
You agree to defend, indemnify and hold harmless G’Day Baby, its subsidiaries, affiliates, licensors, employees, agents, third party information providers and independent contractors against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable legal costs) arising out of or related to any User Content that you post, store or otherwise transmit on or through the Site, your conduct, use of or inability to use the Site, your breach or alleged breach of the Site Terms or of any representation or warranty contained herein, your unauthorised use of the Site Content, or your violation of any rights of another.
G’Day Baby uses reasonable efforts to ensure the accuracy, correctness and reliability of the Site Content, but we make no representations or warranties as to the Site Content’s accuracy, correctness or reliability.
To the maximum extent permitted by applicable law, the Site and the Site Content are provided “as is” without guarantee or warranty, express or implied, of any kind including but not limited to guarantees or warranties of acceptable quality or fitness for a particular purpose or non-infringement. You agree that the functions embodied on or in the materials of the Site are not warranted to be uninterrupted or without error or that defects will be corrected. We make no warranty that the Site or the Site Content are free from infection by viruses or anything else that has contaminating or destructive properties.
Limitation of Liability
To the extent that G’Day Baby can limit the user’s remedy for breach, then G’Day Baby’s liability is limited to one or more of the following at G’Day Baby’s 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 of acquiring equivalent goods, or the payment of the cost of having the goods repaired; or
- in the case of services, the supplying of the services again, or the payment of the cost of having the services supplied again.
To the maximum extent permitted by applicable law, in no event shall G’Day Baby and its directors, employees, content providers, agents and affiliates be liable for any direct, special, indirect or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of the Site, the services or products, the Site Content or the materials contained in or accessed through the Site, including without limitation any damages caused by or resulting from reliance by user on any information obtained from G’Day Baby, or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorised access to G’Day Baby’s records, programs or services.
To the maximum extent permitted by applicable law, in no event shall the aggregate liability of G’Day Baby, whether in contract, guarantee, warranty, tort (including negligence), product liability, strict liability or otherwise, arising out of or relating to the use of the Site exceed the fees you pay, if any, to G’Day Baby for access to or use of the site.
Notwithstanding any of these Site Terms, G’Day Baby reserves the right, without notice and in its sole discretion, to terminate your account and/or to block your use of the Site. On termination you must destroy all materials obtained from the Site and any and all other G’Day Baby sites including copies of those materials.
Changes to Site Terms
G’Day Baby reserves the right to change any of the terms and conditions contained in the Site Terms or any policy or guideline of the Site, at any time and in its sole discretion. Any changes will be effective immediately upon posting on the Site. Your continued use of the Site following the posting of changes will constitute your acceptance of such changes. We encourage you to review the Site Terms whenever you visit one of our websites.
Any waiver of any provision of the Site Terms will be effective only if in writing and signed by G’Day Baby.
The Site Terms are governed by the laws of New South Wales and the parties submit to the non-exclusive jurisdiction of the courts of New South Wales.
If part or all of any of the Site Terms is illegal or unenforceable it will be severed from the Site Terms and will not affect the continued operation of the remaining provisions of the Site Terms.
Questions and Contact Information
Questions or comments about the Site or Site Terms may be directed to G’Day Baby at [email protected]