Term and Conditions
Effective Date: 11 August 2020
Welcome to Hey Baby Print Co.
These terms and conditions and any other terms incorporated by reference (“Terms”) apply to all visitors, subscribers, customers and all other users of http://www.heybabyprint.co, Hey Baby Print App (App) and the content made available via the App.
These Terms are entered into between you as a user (“user”, “you” and “your”) and Hey baby Print Co PTY LTD 14 638 858 223 trading as Hey Baby Print Co (referred to in these terms as “Hey Baby Print Co”, “we”, “us”, and “our” in connection with the App.
CONSENT TO APP TERMS
By accessing and using this App, and any other materials made available to you or provided to you on this App, whether made available for purchase or not, you are taken to accept our Terms.
If you access the App through using any services or software provided by third parties, you acknowledge and agree that you will be subject to the terms and conditions of such third parties and that Hey Baby Print Co are not responsible or liable for any loss of damage of any kind incurred as a result of your use of such third party services or software.
By using the App, accessing or purchasing any products or services, you warrant that:
you are over 18 years of age and have the legal capacity to enter into a legally binding contract;
have read and accepted these Terms; and
will comply with these Terms.
CHANGES TO THESE TERMS
We reserve the right to change or modify these Terms at any time consistent with applicable laws and principles, without notice to you. These changes will be effective as of the date we post the revised version on http://www.heybabyprint.co and the App purchasing platform including but not limited to iTunes and Google Play. It is your responsibility to review these Terms prior to use and periodically throughout your use of our App and services. If at any time you choose not to accept these Terms, you should not use this App.
Remaining on this App and your continued use of this App is deemed acceptance of any modifications or amendment of these Terms. You may also accept these terms where you click “Agree” or “Accept” or “Buy” where such an option is made available to you during your use of the App. If you’re uncertain about the Terms or anything else on this App, please don’t hesitate to contact us before completing any purchase.
The App, products and services contain intellectual property owned by us and / or by third-parties that license the content to us (“Third-Party Licensed Intellectual Property”), including, without limitation, trademarks, copyrights, proprietary information, designs, patents and other intellectual property rights, as well as the business name, logo, all designs, text, videos, audio files, graphics, other files, and software (“Content”). Your use of the App, the services and access to any content does not grant or transfer any rights, title or interest to you in relation to this App, the services, products or the content, other than a non-exclusive and perpetual license to perform, display and use the App on your device.
NO COMMERCIAL USE
You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever the App, services or the Content, our Intellectual Property and Third-Party Licensed Intellectual Property in whole or in part without our prior written consent. We reserve the right to immediately remove your access to our App, products and services, Content, without refund, if you are found to be violating these Terms.
LINKS TO OTHER WEBSITES
Our App, website and social media channels may have links to other websites, apps or content operated by third parties. Unless we expressly tell you otherwise, we do not in any way, endorse, control or approve of and nor are we responsible for the content on those websites, apps or content. It’s up to you to decide if those websites, apps and their content work for you, and we recommend that you investigate and do your homework to find that out.
CREATING AN ACCOUNT
To place orders and access some features of the App, you may have to register an account. This means you’ll have to give us accurate information including your name, your business name, address, a valid email address and telephone number and you must be at least 18 years old. You warrant that any information you provide during the account set up process is accurate and correct at the time you provide the information and that you’ll update information should there be any changes to the information provided. You’ll be solely responsible for the activity that occurs on your account (including orders placed on your account) so keep your account password secure.
Only one (1) account may be created for each user.
We reserve the right to suspend or cancel your account at any time, in our sole discretion, including if you breach any provision of the Terms or applicable law or where your conduct impacts our reputation.
PRICES AND PAYMENT
All prices are in Australian Dollars (AUD) and are inclusive of any Australian Goods and Services Tax (GST) (as applicable). The prices indicated on the App may change at any time without advance notice to you. If you’ve purchased our products or services, it will be charged at the price in force at the time a user’s purchase is validated.
We reserve the right, at any time, to modify or discontinue the product, service or in-App purchases without notice. We shall not be liable to you, or to a third-party for any modification, price change, suspension or discontinuance of the product, service or in-App purchase.
We may from time to time provide discounted products and / or services. You may only use one discount code with each purchase. We reserve the right to reject or cancel any purchases where you add more than one discount code. We allow you to use discount codes strictly on the terms and conditions upon which they were issued which, amongst other things, may include terms relating to your eligibility to use them and a maximum purchase value. Discount codes and/or vouchers cannot be used in conjunction with any other offer or promotion.
We offer users who want to purchase from the App the option to pay for the products and/ or services by credit card or such other method of payment as notified by us from time to time. You acknowledge and agree to make timely and full payments to us for the products, services and/or in-App purchases purchased. Where you use a credit card, you warrant that you have the necessary rights and authority to use that credit card. You authorise us to automatically charge the credit card on file for any and all payment balances owed and agree to keep all billing information current at all times. Where you fail to make payment or payment is declined for any reason, we may revoke your access to the products, services and/or part of or the whole of the App.
Where you have agreed to enter into a subscription on the App, you authorise Hey Baby Print Co to use your nominated payment method to take the funds associated with that subscription for each subscription period, on the first day of each subscription period. All subscription services automatically renew each subscription period. You may cancel your subscription at any time but you are not entitled to a refund for payments made for any subscription period which has begun at the date of your cancellation, except where required by applicable laws.
INFORMATION AND ADVICE
Our App may have articles and content that is of a general nature and is not intended to constitute or replace professional advice for individual or specific situations and does not take into account your specific needs or circumstances. The information contained on the App is not a substitute for obtaining advice specific to your circumstances from a qualified professional.
We do our best to ensure that the colours and descriptions of any products are accurately displaced, please note, that on occasion the colour on the App may seem different, depending on the device you use. This can be for a number of reasons which are outside of our reasonable control, and may not accurately reflect the actual product. We do not accept responsibility for products, services or in-App purchases which you have incorrectly purchased for this reason.
By referencing any products or services on our App, including any processes or other information, this does not constitute or imply our endorsement, sponsorship or recommendation of the products or services.
SUBMITTING CONTENT TO THE APP AND SOCIAL MEDIA
We always appreciate interaction on our social media channels and feedback about our App, products and services, as it helps us to improve our App and our products and services. Through the use of this App, you may be invited to submit a review, you can also comment on our blog or other parts of our Site or interact with us via our social media channels or interact in other methods from time to time through our App, website or social media accounts. We love to hear from you!
Where you do decide to submit such feedback or comments, you represent and warrant that:
you are the sole author and owner of the intellectual property and any other rights in that content (or have the right to use that content with appropriate consents and permissions);
give us permission to post or otherwise use that feedback on our social media or other channels;
you waive any and all existing and future moral rights (as defined in the Copyright Act 1968(Cth) in the content you provide us;
the content does not violate these Terms; and
you are at least 18 years old.
We reserve the right to remove a review or comment if such review or comment contains:
libelous or otherwise unlawful, abusive or obscene material;
attacks our employees or another contributor;
contains material that discloses your personal information; or
is unrelated to the post or content to which you have reviewed or commented on.
Our App, website and social media channels may feature user reviews of the products and/or services as well as blogs by guest bloggers. These reviews and content of the guest blogs in no way represent the views or opinions of Hey Baby Print Co or its owners, shareholders, employees or others, but are the sole product of its creator. We disclaim all liability with respect to any content submitted by the user or guest blogger.
Where you upload, post or otherwise cause your intellectual property to be used or accessed by the App, you grant us a license to use this property for the purposes of continuing to provide the services, products and the App including for the purposes of marketing the App. You warrant that you are the owner of this intellectual property or that where the intellectual property belongs to a third party you have the required permissions to be able to use the intellectual property in the way required for use on the App, and that you have the right to grant licenses for use of that intellectual property. You and We acknowledge that the license granted to us for use of this property in no way infringes on the ownership rights or moral rights of the owner of the property.
We may from time to time run competitions through this App and / or through our website or social media channels. Your participation in those competitions is subject to these Terms and any terms and conditions that are specific to each competition.
In addition to any other prohibitions, you must, no circumstances use the App or its content:
for any unlawful purpose;
to solicit others to perform or participate in any unlawful acts;
to violate any international, federal, or state regulations, rules, laws, or local ordinances; and
attempt to change, remove, deface, hack or otherwise interfere with this App or any material or content displaced on the App.
WARRANTIES AND DISCLAIMERS
This App is provided on an “as is” and “as available” basis and to the fullest extent permitted by law we make no representations or warranties about our App and / or the products or services including that:
they are suitable, reliable, complete, secure, accurate or fit for any particular purpose;
access will be free of any harmful components (including viruses) or other code that is harmful or may assist in causing harm; or
there is no possibility of failure to store communications or other data.
LIMITATION OF LIABILITY
To the fullest extent permitted by applicable laws, in no event are we responsible for any losses and expenses however arising, including without limitation, any direct, indirect and/or present, unascertained, future or contingent, loss of use, loss of data, loss caused by a virus, loss of income or profit or projected profit, loss or damage to property, claims of third parties, or other losses of any kind or character arising from or in connection with your use of our App and /or our products or services, your inability to access our App, interruption or outage of our App or the fact that content on our App or in our services is inaccurate, incomplete or out of date. Our liability for any breach of a condition or warranty under these Terms shall be limited to the extent provided for by the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010).
OUR RIGHT TO BE INDEMNIFIED BY YOU
To the fullest extent permitted by applicable laws, you agree to indemnify, and hold us and our related entities, affiliates, and our and their respective officers, agents and employees harmless from any loss, liability, claim, or demand, (including reasonable legal fees on a full indemnity basis), made by any third party due to or arising out of your use of this App in violation of these Terms and/or arising from a breach of these Terms and/or any breach of your representations and warranties set out in these Terms or your breach of any law or the rights of a third party.
BREACH AND TERMINATION
The agreement constituted between us by your use of the App may be terminated:
where you breach any provision of these Terms; or
at any time by us without notice, in which case all disclaimers and limitations of liability will survive termination, and you will no longer be authorised to access the App.
If any term or provision of these Terms is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms will remain in full force and effect.
CEASING OUR WEBSITE We have the right to discontinue this App. If we decide to do this, it can be at any time and may be without notice to you. We may also exclude any person from using our App, at any time and at our sole discretion. We will not be responsible for any liability, loss or damage you may suffer arising from or in connection with any such discontinuance or exclusion.
We are permitted to assign, transfer and subcontract our rights and/or obligations under these Terms without any notification or consent required. However, you are not permitted to assign, transfer or subcontract your rights and/or obligations under these Terms.
GOVERNING LAW AND JURISDICTION
All Terms shall be construed in accordance with and governed in all respects by the laws of the State of Victoria, Australia. In relation to any dispute, we ask that you contact us in the first instance so that both parties can, acting in good faith, resolve the dispute to our mutual satisfaction as quickly, cost effectively and efficiently as possible. Where a dispute cannot be resolved, you agree to submit to the non-exclusive jurisdiction of the courts of the State of Victoria, Australia.