WEBSITE USE TERMS AND CONDITIONS
Marketing to Mums Pty Ltd
The term ‘Marketing to Mums Pty Ltd’ or ‘us’ or ‘our’ or ‘we’ refers to Marketing to Mums Pty Ltd, the owner of the website, whose registered office is ABN 98 609 796 205, Victoria. The term ‘you’ or ‘your’ refers to the website user.
Your use of this website is subject to the following terms and conditions:
- Neither we nor any third parties provide any warranty or guarantee as to the performance, accuracy, timeliness, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You hereby acknowledge that such information and materials may contain mistakes, inaccuracies or errors and we expressly exclude any liability for such to the fullest extent permissible by law. Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
- This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the content, design, layout, appearance, look and graphics of the website. Any reproduction of the website’s material is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions. All trademarks reproduced in this website, which are not the property of, or licensed to us, are acknowledged on the website.
- Unauthorised use of this website may be a criminal offence and/or give rise to a claim for damages.
- This website may also, on occasion, include links to other websites which are not controlled by us. These links are provided for your convenience to provide you with further information. You acknowledge that they are used at your own risk. They do not signify that we recommend or endorse the websites. We have no control over the nature, content and availability of those websites.
- Your use of this website and any dispute arising out of your use of it is subject to the laws of Victoria.
- You may only use the website for lawful purposes and in a manner consistent with the nature and purpose of the website.
- These terms and conditions do not relate to your use of any product or service described on our website unless otherwise agreed. You must refer to the individual warranty relevant to any particular product or service.
- These terms and conditions may be amended from time to time. Your continued use of our website following any such amendments will be deemed to be confirmation that you accept those amendments.
- You indemnify us from and against all claims, suits, demands, actions, liabilities, costs and expenses (including legal costs and expenses on a full indemnity basis) resulting from your use of the website.
- In no event will we be liable for any loss, damage, cost or expense including legal costs and expenses (whether direct or indirect) incurred by you in connection with the use of this website.
- Every effort is made to keep the website up and running smoothly. However, we take no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.
- You may cancel an Order prior to making payment for it, but you acknowledge and agree that if the Order is cancelled after a payment is made by you then no amount will be refunded, unless Marketing to Mums determines otherwise at its sole discretion. You cannot obtain a refund of a Voucher if you change your mind after making payment for it. You cannot return or receive a refund on products or services after deliver.
- The website may contain links to third party websites or content (Third Party Content). Marketing to Mums does not monitor, review or update, and does not have any control over, Third Party Content. Unless expressly stated otherwise, Marketing to Mums does not endorse or adopt Third Party Content and makes no representation, warranty or guarantee as to accuracy, completeness, timeliness or reliability of Third Party Content. If you use links or Third Party Content, you do so entirely at your own risk and liability. In addition, without limiting any other part of the Terms reference to any products, services, processes or addition, without limiting any other part of the Terms, reference to any products, services, processes or other information by name, trademark, manufacturer, supplier or otherwise on or via the Website does not constitute or imply any endorsement, sponsorship or recommendation by Marketing to Mums.
- Limitation of Liability; Except to the extent required by the law or as is expressly set out in the Terms, Marketing to Mums specifically disclaims all or any liability arising from your access to or use of the Website and Content, making any order and in no event will Marketing to Mums, its subsidiaries, affiliates, officers, directors, shareholders, employees or agents be liable for any loss or damage of any kind, including indirect, incidental, consequential, punitive, or special damages or any loss of use, loss of profits or loss of data, whether in an action in contract, tort, strict liability or otherwise (including but not limited to negligence), arising out of or in any way connected with those matters (even if Marketing to Mums has been advised of the possibility of such damages). In any event, Marketing to Mums total liability to you for damages, losses, and causes of action (whether in contract or tort (including, but not limited to, negligence) or otherwise) will not exceed the amount paid by you, if any, for accessing the website or purchasing products or services.
- Marketing to Mums liability for breach of any condition or warranty implied by legislation is, at Marketing to Mums option, limited to the replacement of goods, the supply of equivalent goods or the payment of the cost of replacing or acquiring equivalent goods, or to supplying services again or payment of the cost of having services supplied again. Without limiting the above, you acknowledge that Marketing to Mums accepts no responsibility or any liability for Orders made by you, and you acknowledge that instructions are to be strictly observed and followed at its own risk, and Bubbler does not accept any responsibility or liability for any information or errors therein provided by you in the Order. You release and forever discharge Marketing to Mums, its officers, employees and agents from all and any loss, damage or liability (including indirect, special or consequential) excluded under these Terms, including from any third party claim, except to the extent that any legislation applies and cannot be lawfully excluded.
- Indemnification: You agree to indemnify and hold harmless Marketing to Mums and its subsidiaries, affiliates, officers, directors, agents, shareholders, employees or agents from any claim or demand, including reasonable attorneys’ fees made by any third party due to or arising out of your breach of the Terms, or your violation of any law or the rights of any party. You also agree to indemnify Marketing to Mums from any and all damage you may cause Marketing to Mums, its business, or the Website due to your interaction with the Website including without limitation your contributions, if any to the Website. You will indemnify and hold harmless, and keep indemnified, Marketing to Mums, its officers, employees and agents against any loss or damage of any kind that is either excluded under the Terms, including from any third party claim or any property or injury to or death of any person, or caused as a result in any way by a breach by you of the Terms, any negligent act or omission or wilful misconduct of yours or any claim, suit or action bought against Marketing to Mums. This clause contains continuing separate obligations and it survives termination.
- Intellectual Property; You acknowledge Marketing to Mums is the owner or licensee of all intellectual property rights in the Website and all works and designs therein and nothing in these Terms grants or gives you any intellectual property rights in the Website, works or designs which to avoid doubt are absolutely assigned to Marketing to Mums. Upon contributing or providing content of any kind to the Website, including via third party sites such as Facebook or Twitter, you immediately grant Marketing to Mums license to use it for the purpose for which it was given and for our reasonable promotional or marketing purposes relating to the Website and you acknowledge that this clause if sufficient to give effect to the license. You acknowledge that any contribution you make to or via the Website or other sites, does not in any way give you a right, title or interest in the Content or the Website and you warrant to Marketing to Mums you have all necessary rights, including copyright, in the content you are contributing and have not granted any rights inconsistent with any rights granted under these Terms, it is not unlawful, defamatory, false or misleading, in violation of laws privacy, harassment or discrimination, infringing rights, abusive, offensive, obscene or inappropriate, including by being vexatious, provocative, an endorsement or solicitation and there is currently no claim or dispute with any party about any ownership or use of it. All material published on the Website is at Marketing to Mums discretion and may be edited, removed or republished.
- You acknowledge and agree you will be bound by updates and revisions to these Terms and will have had an opportunity to review them. Marketing to Mums recommends you periodically visit this page to review and familiarise yourself with all Terms and review the Website generally to familiarise yourself with updates or revisions. We are not obliged to notify you prior to any changes to the Website or Terms. It is your responsibility to check the Website and Terms from time to time.