Terms and Conditions

This Web site www.refreshababy.com.au (“Web site“) is operated by Jungle Group Pty Ltd (“Refresh-A-Baby Australia”).

All enquiries may be directed to:

Refresh-A-Baby
PO Box 5980
MAROOCHYDORE BC QLD 4558

Email: info@refreshababy.com.au
ABN: 21 159 966 873

Your access to and use of this Web site is conditional upon your acceptance and compliance with the terms and conditions contained in this document and elsewhere on the Web site (known collectively as the “Terms and Conditions”). Your use of and/or continued access to this Web site constitutes your agreement to comply with these Terms and Conditions and any amendments and to be bound by them.

If you object to any of the Terms and Conditions or any amendments you should not access or use the Web site. If you violate any Terms and Conditions your right to use and access the Web site automatically terminates.

Changes to Terms and Conditions

Refresh-A-Baby reserves the right to occasionally vary and update these terms and conditions without prior notice. Your continued use of the Web site after such changes constitutes your acceptance of the variations. We therefore recommend that you review this page on future visits to this site.

Copyright and Intellectual Property

All of the content you see on this Web site, including all of the page headers, images, illustrations, graphics, information, data, software, advertisements, text and other material (“Content”), are subject to trademark, copyright and/or other intellectual property rights or licenses held by Refresh-A-Baby Australia, one of its affiliates or by third parties who have licensed their materials to Refresh-A-Baby Australia, and are protected by Australian and international intellectual property laws. The entire Content of the Web site is copyrighted as a collective work, and Refresh-A-Baby Australia owns a copyright in the selection, coordination, arrangement and enhancement of the Content. The Content of the Web site, and the site as a whole, are intended solely for personal, non-commercial use by the users of our site. You may download a single copy, print a single hard copy and store a temporary copy (in your computer’s cache) of the Content, provided you:

  1. Only use these copies of the Content for your own personal, non-commercial use,
  2. Do not copy or post the Content on any network computer or broadcast the Content in any media, and
  3. Do not modify or alter the Content in any way, or delete or change any copyright or trademark notice.

No right, title or interest in any downloaded materials is transferred to you as a result of any such downloading. Refresh-A-Baby Australia reserves complete title and full intellectual property rights in any Content you download from this Web site. Except as noted above, you may not use, copy, download, reproduce, modify, publish, distribute, transmit, store in a retrieval system, transfer or create derivative works from the Content, in whole or in part, without first obtaining written permission from Refresh-A-Baby Australia. Nothing on the Web site should be construed as granting any license or right to use any name, logo or trademark without the express prior permission of Refresh-A-Baby Australia or the relevant contributor.

Intellectual Property Infringements

You must notify Refresh-A-Baby Australia immediately if you become aware of any third party that is or may be infringing the intellectual property rights in the Web site. You must give Refresh-A-Baby Australia all assistance in relation to any infringement proceedings. Refresh-A-Baby Australia shall have sole control of the defense and settlement of any infringement proceedings. Any recovery from infringement proceedings is the property of Refresh-A-Baby Australia.

If a court or Refresh-A-Baby Australia determines that the Web site or the Content have infringed or may infringe a third party’s intellectual property rights, Refresh-A-Baby Australia shall have the right to alter, delete or modify the Web site or Content in order to avoid continuing infringement.

Use of the Web site

You must be able to form legally binding contracts to use the services provided on the Web Site (i.e. purchase goods).

You must not take any action that might undermine the integrity of the services provided on the Web Site. You must not use the Web site in any manner or for any purpose that is unlawful, or in any manner that violates any right of Refresh-A-Baby Australia, or that is prohibited by the Terms and Conditions. In particular it is a condition of your use of and/or access to the Web site that you do NOT do any of the following:

  • Disrupt or interfere with in any way the Web site or the Content;
  • Disrupt or interfere with in any way any server, software, hardware or equipment, operated by Refresh-A-Baby or third parties, that is connected to or via the Web site; or
  • Violate any applicable law, statute, ordinance or regulation.

Refresh-A-Baby Australia reserves the right to cooperate fully with any law enforcement authority in any jurisdiction in respect of any lawful direction or request to disclose the identity or other information in respect of any user of the Web site.

Submissions

We welcome your feedback regarding the Web site. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, “Comments”) sent to the Web site shall be and remain the exclusive property of Refresh-A-Baby Australia. Your submission of any such Comments shall constitute an assignment to Refresh-A-Baby Australia of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. Refresh-A-Baby Australia will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.

Images & Colours

We have done our best to display as accurately as possible images and colours shown on this Web site. However, because the colours you see will depend on your monitor, we cannot guarantee that your monitor’s display of any colour will be accurate.

Purchasing on this Web Site

When you purchase goods from the Web site you enter into a contract with Refresh-A-Baby Australia and accept that you will be bound by the Terms and Conditions operating at the time you placed your order with Refresh-A-Baby Australia.

When you purchase goods from the Web site the following terms and conditions form part of the Terms and Conditions:

  1. The prices displayed on this Web site are quoted in Australian Dollars (AUD) and are valid and effective in Australia where prices will be displayed and quoted inclusive of GST.
  2. Orders on this Web site are accepted for delivery to addresses Australia wide.
  3. Orders made by you for goods on the Web site are not binding on Refresh-A-Baby Australia until accepted by Refresh-A-Baby Australia;
  4. The prices shown on the Web site for goods are subject to alteration without notice;
  5. Property in goods purchased from the Web site remains with Refresh-A-Baby Australia until all money owing for those goods has been paid. Goods will not be despatched to you until they have been paid for in full. Payment to be made by Visa, MasterCard or PayPal through the PayPal payment gateway provided at the Check Out. A PayPal account is not required for payments with Visa and Mastercard.
  6. Unless stated otherwise, you must pay the costs of transportation to the place of delivery for goods you have purchased from the Web site;
  7. Goods you have purchased from the Web site are at your risk immediately on despatch from our Australian warehouse.

Indemnification

You agree to defend, indemnify and hold Refresh-A-Baby Australia, its subsidiaries, related entities, directors, officers, employees, agents and suppliers harmless from and against any and all claims, damages, costs, losses, liabilities and expenses, including attorneys’ fees, arising directly or indirectly as a result of your use of or access to the Web site or any breach or violation of the Terms and Conditions.

Protection of our Web Site and Others

We may disclose information you provide to our site when we believe such disclosure is appropriate to comply with the law; to enforce or apply our Terms and Conditions and other agreements; or to protect the rights, property or safety of our sites, our users or others.

Termination

Refresh-A-Baby Australia may terminate this agreement and your access to the Web site and the Content at any time without notice.

In the event of termination you must immediately cease accessing and using the Web site and the Content and (at Refresh-A-Baby Australia option) return or destroy any hard copies of the Content to Refresh-A-Baby Australia and any other electronic copies of the Content within your control or possession. All restrictions imposed on you, licenses granted by you and all disclaimers, indemnities and limitations of liability set out in the Terms and Conditions will survive.

Privacy

The Web site has a Privacy Policy that applies to all users and is incorporated into these Terms and Conditions by reference. You should read the Privacy Policy before using the Website.

Hyperlinks and Advertising

The Web site may contain hyperlinks and other pointers to internet websites operated by third parties (“Linked Sites”). The Linked Sites are not under the control of Refresh-A-Baby Australia and Refresh-A-Baby Australia is not responsible for the contents of any Linked Site or any hyperlink contained in a Linked Site. Refresh-A-Baby Australia provides these links to you as a convenience only and the inclusion of any link does not imply any endorsement of the Linked Site by Refresh-A-Baby Australia. You link to any such Linked Site entirely at your own risk. Refresh-A-Baby Australia is not a party to any transaction between you and a Linked Site. Your use of a Linked Site is subject to the terms and conditions of that site in addition to these Terms and Conditions. If there is any inconsistency, to the extent of the inconsistency these Terms and Conditions prevail.

The Web site may also contain third party advertisements (that may or may not contain embedded hyperlinks or referral buttons to Linked Sites). The display of such advertising does not in any way imply an endorsement or recommendation by Refresh-A-Baby Australia of the relevant advertiser, its products or services or any such Linked Site. You are referred to the relevant advertiser for all information regarding the advertiser and its products and/or services. To the extent permitted by law Refresh-A-Baby Australia accepts no responsibility for any interaction between you and the relevant third party and is released from any liability arising out of or in any way connected with such interaction.

Taxes and Government Charges

Certain taxes and government charges may be payable in relation to the use of the Web site. Unless stated otherwise, Refresh-A-Baby Australia has no responsibility for such taxes or other government charges.

Miscellaneous

If any provision of the Terms and Conditions is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the Terms and Conditions, which will continue in full force and effect.

All rights not expressly granted in this document are reserved.

Governing Law

Your use of this Web site and any purchases made from it will be governed by and construed in accordance with the laws of Queensland, Australia. You agree to submit to the exclusive jurisdiction of the courts of Queensland and the Queensland District Registry of the Federal Court of Australia.

Orders on this Web site are accepted for delivery to addresses Australia wide.

Disclaimer 1

The Trade Practices Act 1974 (Cth) and all corresponding state and territory legislation imply terms, conditions and warranties into some contracts for the supply of goods and services and prohibit the exclusion, restriction and modification of such terms (“Prescribed Terms“). Except as provided by the Prescribed Terms and to the fullest extent permitted by law, the following applies:

  1. This Web site and all of its Content is provided on an “as is” basis without warranties by Refresh-A-Baby Australia, its subsidiaries, related entities, directors, officers, employees, agents and suppliers of any kind implied by custom, law or statute, either express or implied, including without limitation warranties of title, implied warranties of merchantability or fitness for a particular purpose, or any representations about the correctness, accuracy, timeliness, completeness, reliability, quality or otherwise of the Content.
  2. Refresh-A-Baby Australia, its subsidiaries, related entities, directors, officers, employees, agents and suppliers do not warrant that your access to the Web site will be uninterrupted or that the Web site will operate error free, that any defects will be corrected or that this Web site and its servers are free of computer viruses and other harmful data, code, components or other material.
  3. You acknowledge, by your use of this site, that your use of this Web site is at your sole risk, that you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use of our Web site, and that Refresh-A-Baby Australia shall not be liable for any damages of any kind related to your use of this Web site.

Disclaimer 2

Except as provided by the Prescribed Terms and to the fullest extent permitted by law:

    1. IN NO EVENT SHALL REFRESH-A-BABY, ITS SUBSIDIARIES, RELATED ENTITIES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION ANY SPECIAL, DIRECT, INDIRECT, EXEMPLARY OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE CONTENT ON THIS WEB SITE, THE USE OR ACCESS OF, OR ANY INABILITY TO USE OR ACCESS THE WEB SITE OR THE CONTENT ON THIS WEB SITE, OR THE PRODUCTS OFFERED FOR SALE ON THIS WEB SITEINCLUDING BUT NOT LIMITED TO DAMAGES RELATING TO THE LOSS OF USE, DATA OR PROFITS WITHOUT REGARD TO THE FORM OF ANY ACTION, INCLUDING BUT NOT LIMITED TO CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTIONS; AND
    2. THE LIABILITY OF REFRESH-A-BABY Australia FOR BREACH OF ANY CONDITION OR WARRANTY THAT CANNOT BE EXCLUDED BY LAW IS LIMITED AT THE OPTION OF REFRESH-A-BABY Australia TO THE FOLLOWING:
      1. IN THE CASE OF GOODS SUPPLIED OR OFFERED BY REFRESH-A-BABY Australia:
        1. THE REPLACEMENT OF THE GOODS OR THE SUPPLY OF EQUIVALENT GOODS;
        2. THE PAYMENT OF THE COST OF REPLACING THE GOODS OR ACQUIRING EQUIVALENT GOODS;
      2. IN THE CASE OF SERVICES SUPPLIED OR OFFERED BY REFRESH-A-BABY AUSTRALIA:
        1. THE SUPPLY OF THE SERVICES AGAIN; OR
        2. THE PAYMENT OF THE COST OF HAVING SERVICES SUPPLIED AGAIN.

This document last updated July 2014.