Website Terms and Conditions of Use

1. About the Website

1. Welcome to Baby Lock Australia Website. The Website provides you with an opportunity to browse and purchase various products that have been listed for sale through the Website. This provides service by way of granting you access to the content on the Baby Lock Australia Website.
2. The Website is operated by Baby Lock Australia. Access to and use of the Website, or any of its associated Products or Services, is provided by Baby Lock Australia. Please read these Terms and Conditions of Use (the ‘Terms’) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of the Services, immediately.
3. The Terms of the Website and the legal requirements on privacy and data protection are adapted, supplemented or amended from time to time. Each time you access or visits the Website, the versions accessible at that time apply. Please visit this page every time you visit the site to view the latest Terms.

2. Acceptance of the Terms and Conditions of Use

1. You accept the Terms by remaining on the Website.

3. Registration to use Online Store

1. In order to access the Online Store, you have the option to register as a user of the Website. As part of the registration process, or as part of your continued use of the Online Store, you may be required to provide personal information about yourself (such as identification or contact details), including:
   1. Email address
2. You warrant that any information you give to Baby Lock Australia in the course of completing the registration will always be accurate, correct and up to date.
3. Once you have completed the registration process you will be a registered member of the Website (‘Member’) and agree to be bound by the Terms. As a Member you will be granted immediate access to the Online Store.
4. You may not use the Online Store and may not accept the Terms if:
   1. you are not of legal age to form a binding contract with Baby Lock Australia, or
   2. You are a person barred for accessing our Online Store under the laws of Australia.

4. Your obligations as a Member

1. As a member, you agree to comply with the following: You will use the Online Store only for purposes that are permitted by:
   1. the Terms;
   2. any applicable law, regulation or generally accepted practices of guidelines in the relevant jurisdictions;
   3. you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of membership to our Online Store;
   4. any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Baby Lock Australia of any unauthorised use of your password or email address or any breach of security of which you become aware;
   5. access and use of the Website is limited, non-transferrable and allows for the sole use of the Website by you for the purposes of Baby Lock Australia providing you Online Store Services;
   6. you will not use the Online Store or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
   7. you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of your membership of our Online Store. Appropriate legal action will be taken by Baby Lock Australia for any illegal or unauthorised use of the Website; and
   8. you acknowledge and agree that any automated used of the Website or its Online Stores services is prohibited,

5. Purchase of Products and returns Policy

1. In using the Online Store Services to purchase the Product through the Website, you will agree to the payment of the purchase price listed on the Website for the Product (‘Purchase Price’).
2. Payment of the Purchase Price may be made through ANZ Gateway or PayPal (‘Payment Gateway Provider’). In using the Online Store Services, you warrant applicable Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Payment Gateway Providers.
3. Following payment of the Purchase Price being confirmed by Baby Lock Australia, you will be issued with a receipt to confirm that payment has been received and Baby Lock Australia may record your purchase details for future use.
4. Baby Lock Australia may, at their sole discretion, provide a refund on the return of products within 7 days where the Product packaging is unopened and remains in a saleable condition. You acknowledge and agree that you are liable for any postage and shipping costs associated with any refund pursuant to this clause.

6. Warranty

1. Baby Lock Australia’s Products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure of the Product and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Products repaired or replaced if the Products fail to be of acceptable quality and the failure does not amount to a major failure (the ‘Warranty’).
2. You may make a claim under this clause (the ‘Warranty Claim’) for material defects and workmanship in the Products with one (1) year from the date of purchase (the ‘Warranty Period’).
3. In order to make a Warranty Claim during the Warranty Period, you must provide proof of purchase to Baby Lock Australia showing the date of purchase of the Products, provide a description of the Products and the price paid for the Products by sending written notice to Baby Lock Australia, PO Box 1365, Tullamarine, Victoria, 3043, or by email at support@babylock,com.au.
4. Where the Warranty Claim is accepted then Baby Lock Australia will, at its sole discretion, either repair or replace any defective Products or part thereof with a new or remanufactured equivalent during the Warranty Period at no charge to you for parts or labour. You acknowledge and agree that you will be solely liable for any postage or shipping costs incurred in facilitating the Warranty Claim.
5. The Warranty shall be the sole and exclusive warranty granted by Baby Lock Australia and shall be the sole and exclusive remedy available to you in addition to other rights and under a law in relation to the Products to which this warranty relates.
6. All implied warranties including the warranties of merchantability and fitness for use are limited to the Warranty period.
7. The Warranty does not apply to any appearance of the supplied products nor to the additional excluded items set forth below nor to any supplied Product where the exterior of which has been damaged or defaced, which has been subjected to misuse, abnormal service or handling, or which has been altered or modified in design or construction.
8. Refer to Product Warranty.

7. Delivery

• You acknowledge that the Online Store Services offered by Baby Lock Australia integrate delivery (the ‘Delivery Services’) through the use of third party delivery companies (the ‘Delivery Providers’).
• In providing the Online Store Services, Baby Lock Australia may provide you with a variety of delivery and insurance options offered as part of the Delivery Services by the Delivery Service Providers. You acknowledge and agree that Baby Lock Australia is not the provider of these delivery and insurance options and merely facilitates your interaction with Delivery Service Providers in respect to providing the Delivery Service.
• In the event that an item is lost or damaged in the course of the Delivery Services, Baby Lock Australia asks that you:
  1. contact the Delivery Service Provider directly to request a refund or to claim any insurance options available; and
  2. contact us by sending an email to support@babylock,com.au outlining in what way the Products were damaged in transit so we are able to determine if the Delivery Service Provider should be removed for the Online Store Services.

8. Copyright and Intellectual Property

• The Website, the Online Store Services and all of the related products of Baby Lock Australia are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the Website (including text, graphics, logos, button icons, video images, audio clips and software) (the ‘Content’) are owned or controlled for these purposes, and are reserved by Baby Lock Australia or its contributors.
• Baby Lock Australia retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer you to:
  1. the business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright of baby Lock Australia; or
  2. the right to use or exploit a business name, trading name, domain name, trade mark of industrial design; or
  3. a system or process that is the subject of a patent, registered design or copyright (or an adaption or modification of such a system or process).
• You may not, without the prior written permission of Baby Lock Australia and the permission if any other relevant right owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content of third party content for any purpose. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain,

9. Privacy

1. Baby Lock Australia takes your privacy seriously and any information provided through your use of the Website and/or the Online Store Services are subject to Baby Lock Australia’s Privacy Policy, which is available on the Website.

10. General Disclaimer

1. You acknowledge that Baby Lock Australia does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Products other than provided for pursuant to these Terms.
2. Baby Lock Australia will make every effort to ensure a Product is accurately depicted on the Website, however, you acknowledge that sizes, colours and packaging may differ from what is displayed on the Website.
3. Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
4. Subject to this clause, and to the extent permitted by law:
   1. all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and
   2. Baby Lock Australia will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Online Store Services or these Terms (including as a result of not being able to use the Online Store Services or the late supply of the Online Store Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
5. Use of the Website, the Online Store Services, and any of the products of Baby Lock Australia (including the Delivery Services), is at your own risk. Everything on the Website, the Online Store Services, and the Products of Baby Lock Australia, are provided to you on an “as is” and “as available” basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of Baby Lock Australia including any third party where the Delivery Services are made available to you) make any express or implied representation or warranty about its Content or any products or Online Store Services (including the products or Online Store Services of Baby Lock Australia) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
   1. failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
   2. the accuracy, suitability or currency of any information on the Website, the Online Store service, or any of its Content related products (including third party material and advertisements on the Website);
   3. costs incurred as a result of you using the Website, the Online Store Services or any of the Products;
   4. the Content or operation in respect to links which are provided for the User’s convenience;
   5. any failure to complete a transaction, or any loss arising from ecommerce transacted on the Website; or
   6. any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.

11. Limitation of Liability

1. Baby Lock Australia’s total liability arising out of or in connection with the Online Store Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statue or otherwise, will not exceed the most recent purchase price paid by you under these Terms or where you have not paid the purchase price, then the total liability of Baby Lock Australia is the resupply of information or Online Store Services to you.
2. You expressly understand and agree that Baby Lock Australia, its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which me be incurred by you, however caused and under any theory or liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and other tangible loss.
3. Baby Lock Australia is not responsible or liable in any manner for any site content (including the Content and Third-Party Content) posted on the Website or in connection with the Online Store Services, whether posted or caused by users of the Website of Baby Lock Australia, by third parties or by any of the Online Store Services offered by Baby Lock Australia.
4. You acknowledge that Baby Lock Australia does not provide the Delivery Services to you and you agree that Baby Lock Australia will not be liable to for any special, indirect or consequential loss or damage, loss of profit or opportunity, or damaged to goodwill arising out of or in connection with the Delivery Services.

12. Termination of Contract

1. The Terms will continue to apply until terminated by either you or by Baby Lock Australia as set out below.
2. If you want to terminate the Terms, you may do so by:
   1. notifying Baby Lock Australia at any time; and
   2. closing your accounts for all of the Online Sales services which you use, where Baby Lock Australia has made this option available to you.
3. Your notice should be sent, in writing, to Baby Lock Australia via the ‘Contact Us’ link on our homepage.
4. Baby Lock Australia may at any time, terminate the Terms with you if:
   1. you have breached any provision of the Terms or intend to breach any provision;
   2. Baby Lock Australia is required to do by law;
   3. the partner with Baby Lock Australia offered the Online Store Services to you has terminated its relationship with Baby Lock Australia or ceased to offer the Online Store Services to you;
   4. Baby Lock Australia is transitioning to no longer providing the Online Services to Users in Australia in which you are a resident or from which you use the service; or
   5. the provision of the Online Store Services to you by Baby Lock Australia is, in the opinion of Baby Lock Australia, no longer commercially viable.
5. Subject to local applicable laws, Baby Lock Australia reserves the right to discontinue or cancel your membership to the Website at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Online Store Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Baby Lock Australia’s name or reputation or violates the rights of those of another party.
6. When the terms come to an end, all of the legal rights, obligations and liabilities that you and Baby Lock Australia have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.

13. Indemnity

1. You agree to indemnify Baby Lock Australia, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
   1. All actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any Content you post through the Website;
   2. Any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms; and/or

14. Dispute Resolution

1. Compulsory:
   If a dispute arises out of or relates to the Terms, either party many not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
2. Notice:
   A party to the Terms claiming a dispute (‘Dispute’) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
3. Resolution:
   On receipt of that notice (‘Notice’) by that other party, the parties to the Terms (‘Parties’) must:
   1.  Within 14 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they mutually agree:
   2. If for any reason whatsoever, 30 days after the date of the Notice, the Dispute had not been resolved; the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Australian Mediation Association or his or her nominee;
   3. The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any extra amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
   4. The mediation will be held in Melbourne, Australia.
4. Confidential:
   All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.
5. Termination of Mediation:
   If 2 months have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and mediator must do so.

15. Venue and Jurisdiction

1. The Online Store Services offered by Baby Lock Australia is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Victoria, Australia.

16. Governing Law

1. The Terms are governed by the laws of Victoria, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Victoria Australia, without reference to conflict law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

17. Independent Legal Advice

1. Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.

18. Severance

1. If any parts of Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.