Terms & Conditions
Welcome to The Out and About Baby Company website or mobile properties, including related applications (collectively, this “Website“). This Website is provided solely to assist customers in gathering information, posting opinions, and searching for family friendly places to take children such as cafes, restaurants, shopping centres, parks, play centres and hotels, and for no other purposes. The terms “we“, “us“, “our” and “Out & About Baby” refer to The Out and About Baby Company. The term “you” refers to the customer visiting the Website and/or contributing content on this Website.
This Website is offered to you conditioned upon your acceptance without modification of any/all the terms, conditions, and notices set forth below (collectively, the “Agreement”). By accessing or using this Website in any manner, you agree to be bound by the Agreement and represent that you have read and understood its terms. Please read the Agreement carefully, as it contains information concerning your legal rights and limitations on these rights, as well as a section regarding applicable law and jurisdiction of disputes. If you do not accept all of these terms and conditions you are not authorized to use this Website.
We may change or otherwise modify the Agreement in the future in accordance with the Terms and Conditions herein, and you understand and agree that your continued access or use of this Website after such change signifies your acceptance of the updated or modified Agreement. We will note the date that revisions were last made to the Agreement at the bottom of this page, and any revisions will take effect upon posting. We will notify our members of material changes to these terms and conditions by either sending a notice to the email address provided to us at registration or by placing a notice on our Website. Be sure to return to this page periodically to review the most current version of the Agreement.
USE OF THE WEBSITE
As a condition of your use of this Website, you warrant that (i) all information supplied by you on this Website is true, accurate, current and complete, (ii) if you have an Out & About Baby account, you will safeguard your account information and will supervise and be completely responsible for any use of your account by anyone other than you, (iii) you are 16 years of age or older in order to register for an account and contribute to our Website and (iv) you possess the legal authority to enter into this Agreement and to use this Website in accordance with all terms and conditions herein.
Out & About Baby does not knowingly collect the information of anyone under the age of 16. We retain the right at our sole discretion to deny access to anyone to this Website and the services we offer, at any time and for any reason, including, but not limited to, for violation of this Agreement.
Copying, transmission, reproduction, replication, posting or redistribution of the Website Content or any portion thereof is strictly prohibited without the prior written permission of Out & About Baby. To request permission, you may contact Out & About Baby via email firstname.lastname@example.org
Users of the Website will not incur any charges for using the Website in accordance with these Terms and Conditions. However, the Website contains links to third-party websites which are operated and owned by independent service providers or retailers. Such third-parties may charge a fee for use of certain content or services provided on the website. Therefore, you should make whatever investigation you feel is necessary or appropriate before proceeding with any transaction with any third party to determine whether a charge will be incurred. Where Out & About Baby provides details of charges on the Website, such information is provided by the relevant third party and displayed for convenience and information purposes only. Out & About Baby in no way guarantees that this information is correct nor is it in anyway responsible for content or services provided on such third party websites.
The content and information on this Website (including, but not limited to, messages, data, information, text, music, sound, photos, graphics, video, maps, icons, software, code or other material), as well as the infrastructure used to provide such content and information, is proprietary to us. You agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through this Website. Additionally, you agree not to:
- (i) use this Website or its contents for any commercial purpose;
- (ii) access, monitor or copy any content or information of this Website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
- (iii) violate the restrictions in any robot exclusion headers on this Website or bypass or circumvent other measures employed to prevent or limit access to this Website;
- (iv) take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
- (v) deep-link to any portion of this Website for any purpose without our express written permission;
- (vi) “frame”, “mirror” or otherwise incorporate any part of this Website into any other website without our prior written authorization; or
- (vii) attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by Out & About Baby in connection with the Website or the services.
REVIEWS, COMMENTS AND USE OF OTHER INTERACTIVE AREAS
We appreciate hearing from you. Please be aware that by submitting content to this Website by email, postings on this Website or otherwise, including any reviews, questions, comments, suggestions, ideas or the like contained in any submissions (collectively, “Submissions”), you grant Out & About Baby and its affiliates a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sub-licensable right to (a) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Submissions throughout the world in any media, now known or hereafter devised, for any purpose; and (b) use the name that you submit in connection with such Submission. You acknowledge that Out & About Baby may choose to provide attribution of your comments or reviews at our discretion. You further grant Out & About Baby the right to pursue at law any person or entity that violates your or Out & About Baby’s rights in the Submissions by a breach of this Agreement. You acknowledge and agree that Submissions are non-confidential and non-proprietary.
Out & About Baby does not edit or control the user messages posted to or distributed on this Website including through any chat rooms, bulletin boards or other communications forums (collectively, “User Messages”), and will not be in any way responsible or liable for such User Messages. Out & About Baby nevertheless reserves the right for any reason in its sole discretion to remove without notice any User Messages and/or Site Content.
This Website may contain discussion forums, bulletin boards, review services or other forums in which you or third parties may post reviews of venue experiences or other content, messages, materials or other items on this Website (“Interactive Areas”). If Out & About Baby provides such Interactive Areas, you are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any Interactive Areas, you expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through this Website any of the following:
- Any message, data, information, text, music, sound, photos, graphics, code or any other material (“Content”) that is false, unlawful, misleading, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, or advocates harassment of another person, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
- Content that is patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- Content that would constitute, encourage, promote or provide instructions for a conduct of an illegal activity, criminal offense, give rise to civil liability, violate the rights of any party in any country of the world, or that would otherwise create liability or violate any local, state, national or international law, or any rules of any of international securities exchanges;
- Content that provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
- Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. In particular, content that promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
- Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity, including Out & About Baby;
- Unsolicited promotions, mass mailings or “spamming”, transmission of “junk mail”, “chain letters”, political campaigning, advertising, contests, raffles, or solicitations;
- Content containing commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes;
- Private information of any third party, including, without limitation, surname (family name) addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
- Contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
- Viruses, corrupted data or other harmful, disruptive or destructive files;
- Content that is unrelated to the topic of the Interactive Area(s) in which such Content is posted; or
- Content or links to content that, in the sole judgment of Out & About Baby, (a) violates the previous subsections herein, (b) is objectionable, (c) which restricts or inhibits any other person from using or enjoying the Interactive Areas or this Website, or (d) which may expose Out & About Baby or its affiliates or its users to any harm or liability of any type.
Out & About Baby takes no responsibility and assumes no liability for any Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is Out & About Baby liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, Out & About Baby is not liable for any statements, representations or Content provided by its users in any public forum, personal home page or other Interactive Area. Although Out & About Baby has no obligation to screen, edit or monitor any of the Content posted to or distributed through any Interactive Area, Out & About Baby reserves the right, and has absolute discretion, to remove, screen, translate or edit without notice any Content posted or stored on this Website at any time and for any reason, or to have such actions performed by third parties on its behalf, and you are solely responsible for creating backup copies of and replacing any Content you post or store on this Website at your sole cost and expense.
If it is determined that you retain moral rights (including rights of attribution or integrity) in the Content, you hereby declare that (a) you unconditionally and irrevocably consent to all or any acts or omissions by Out & About Baby or its licensees, successors and assigns in relation to the Content, which have already occurred or may occur in the future, which may infringe any and all moral rights in any of the Content (b) you do not require that any personally identifying information be used in connection with the Content, or any derivative works of or upgrades or updates thereto; (c) you have no objection to the publication, use, modification, deletion and exploitation of the Content by Out & About Baby or its licensees, successors and assigns; (d) to the maximum extent permitted by law, you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the Content; and (e) you forever release Out & About baby, and its licensees, successors and assigns, from any claims that you could otherwise assert against Out & About Baby by virtue of any such moral rights.
Any use of the Interactive Areas or other portions of this Website in violation of the foregoing violates the terms of this Agreement and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or this Website.
International Travel. When you decide to book international travel reservations with third-party suppliers or plan international trips using this Website, you are responsible for ensuring that you meet all foreign entry requirements and that your travel documents, including passports and visas, are in order.
For passport and visa requirements, please consult the relevant embassy or consulate for information. Because requirements may change at any time, be sure to check for up-to-date information before booking and departure. Out & About Baby accepts no liability for travelers who are refused entry onto a flight or into any country because of the traveler’s failure to carry the travel documents required by any airline, authority, or country, including countries the traveler may just be passing through en route to his or her destination.
It is also your responsibility to consult your physician for current recommendations on inoculations before you travel internationally, and to ensure that you meet all health entry requirements and follow all medical guidance related to your trip.
Although most travel, including travel to international destinations, is completed without incident, travel to certain destinations may involve greater risk than others. Out & About baby urges passengers to investigate and review travel prohibitions, warnings, announcements and advisories issued by the Australian Government and destination country governments prior to booking travel to international destinations. By listing information relevant to travel to particular international destinations, out & about baby does not represent or warrant that travel to such points is advisable or without risk, and is not liable for damages or losses that may result from travel to such destinations.
Please read this section carefully. This section limits Out & About Baby’s liability to you for issues that may arise in connection with your use of this website. If you do not understand the terms in this section or elsewhere in the agreement, please consult a lawyer for clarification before accessing or using this website.
The information, software, products, and services published on this website may include inaccuracies or errors. Out & About Baby, its subsidiaries and corporate affiliates (collectively, “The Out & About Baby Company”) do not guarantee the accuracy of, and to the maximum extent permitted by applicable law disclaim all liability for, any errors or other inaccuracies relating to the information and description of the café, restaurant, hotel, pub, club, play centre, shopping centre, airport, and any other products displayed on this website (including, without limitation, the pricing, availability, photographs, list of location amenities, general product descriptions, reviews and ratings, etc.). In addition, out & about baby expressly reserves the right to correct any availability and pricing errors on our website.
The Out & About Baby Company makes no representations of any kind about the suitability of the information, software, products, and services contained on this website (site content) or any portion thereof for any purpose. All such information, software, products, and services are provided “as is” and, to the maximum extent permitted by applicable law, without warranty of any kind. To the maximum extent permitted by applicable law, the out & about baby company disclaims all warranties, conditions, or other terms of any kind that this website, its servers or any email sent from the out & about baby company, are free of viruses or other harmful components. To the maximum extent permitted under applicable law out & about baby hereby disclaims all warranties and conditions with regard to this information, software, products, and services, including all implied warranties and conditions or terms of any kind as to merchantability, fitness for a particular purpose, title, quiet possession and noninfringement.
To the maximum extent permitted by applicable law, out & about baby also expressly disclaims any warranty, representation, or other term of any kind as to the accuracy or proprietary character of the site content.
Nothing in this agreement shall exclude or limit out & about baby ‘s liability for (i) death or personal injury caused by negligence; (ii) fraud; (iii) fraudulent misstatement (iv) deliberate breach or gross negligence (v) any other liability which cannot be excluded under applicable law.
The third-party suppliers providing location information, or other services on this website are independent contractors and not agents or employees of the out & about baby company. The out & about baby company is not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such suppliers or for any personal injuries, death, property damage, or other damages or expenses resulting therefrom. The out & about baby company has no liability and will make no refund in the event of any delay, cancellation, overbooking, strike, force majeure or other causes beyond their direct control, and they have no responsibility for any additional expense, omissions, delays, re-routing or acts of any government or authority.
Subject to the foregoing, you use this website at your own risk and in no event shall the out & about baby company (or their officers, directors and affiliates) be liable for any direct, indirect, punitive, incidental, special, or consequential losses or damages or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption of any type arising out of, or in any way connected with, your access to, display of or use of this website or with the delay or inability to access, display or use this website (including, but not limited to, your reliance upon reviews and opinions appearing on this website; any computer viruses, information, software, linked sites, products, and services obtained through this website; or otherwise arising out of the access to, display of or use of this website) whether based on a theory of negligence, contract, tort, strict liability, or otherwise, and even if out & about baby has been advised of the possibility of such damages.
These terms and conditions and foregoing liability disclaimer do not affect mandatory legal rights that cannot be excluded under applicable law.
If The Out & About Baby Company is found liable for any loss or damage that arises out of or is in any way connected with your use of our sites or services, then The Out & About Baby Companies’ liabilities will in no event exceed, in the aggregate, the greater of (a) the transaction fees paid to Out & About Baby for the transaction(s) on this Website giving rise to the claim, or (b) One-Hundred Dollars (AUD $100.00).
The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms inure to the benefit of The Out & About Baby Company.
You agree to defend and indemnify Out & About Baby and its affiliates and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:
- (i) your breach of this Agreement or the documents referenced herein;
- (ii) your violation of any law or the rights of a third party; or
- (iii) your use of this Website.
LINKS TO THIRD-PARTY SITES
This Website may contain hyperlinks to websites operated by parties other than Out & About Baby. Such hyperlinks are provided for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from this Website or other websites) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators. In some cases you may be asked by a third party site to link your profile on Out & About Baby to a profile on another third party site. Choosing to do so is purely optional, and the decision to allow this information to be linked can be disabled (with the third party site) at any time.
SOFTWARE AVAILABLE ON THIS WEBSITE
Unless otherwise specified, the materials on the websites are presented solely to provide information regarding and to promote Out & About Baby’s services, websites, partners and other products available. The Out & About Baby website is controlled and operated by The Out & About Baby Company from its offices in Sydney, Australia. Out & About Baby makes no representation that materials on the Out & About Baby website are appropriate or available for use outside of Australia. Those who choose to access the Out & About Baby website from outside of Australia do so on their own initiative and are responsible for compliance with local laws, if and to the extent that local laws are applicable. Software from the Out & About Baby website is further subject to Australian export controls.
Any software that is made available to download from the Out & About Baby websites (“Software”) is the copyrighted work of Out & About Baby, or Out & About Baby affiliates, or other third party software as identified. Your use of such Software is governed by the terms of the end user license agreement, if any, which accompanies, or is included with, the Software (“License Agreement”). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. For any Software made available for download on this Website not accompanied by a License Agreement, we hereby grant to you, the user, a limited, personal, nontransferable license to use the Software for viewing and otherwise using this Website in accordance with these terms and conditions and for no other purpose.
Please note that all Software, including, without limitation, all HTML, XML, Java code and Active X controls contained on this Website, is owned by Out & About Baby and/or its affiliates, and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
Without limiting the foregoing, copying or reproduction of the software to any other server or location for further reproduction or redistribution is expressly prohibited. The software is warranted, if at all, only according to the terms of the license agreement.
COPYRIGHT AND TRADEMARK NOTICES
All contents of this Website are: ©2017 Out & About Baby. All rights reserved. Out & About Baby is not responsible for content on websites operated by parties other than Out & About Baby. Out & About Baby, the pin pram logo, the Golden Nappy Award and all other product or service names or slogans displayed on this Website are registered and/or common law trademarks of Out & About Baby and/or its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Out & About Baby or the applicable trademark holder. In addition, the look and feel of this Website, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Out & About Baby and may not be copied, imitated or used, in whole or in part, without the prior written permission of Out & About Baby. All other trademarks, registered trademarks, product names and company names or logos mentioned in this Website are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Out & About Baby.
Notice and Take-Down Policy for illegal content
Out & About Baby operates on a “notice and takedown” basis. If you have any complaints or objections to material or content including User Messages posted on this Website, or if you believe that material or content posted on this Website infringes a copyright that you hold, please contact us immediately. Once notified, Out & About Baby will make all reasonable endeavours to remove illegal content within a reasonable time.
Out & About Baby may change, add or delete these Terms and Conditions or any portion thereof from time to time in its sole discretion where it deems it necessary for legal, general regulatory and technical purposes, or due to changes in the services provided or nature or layout of the Website. Thereafter, you expressly agree to be bound by any such amended Terms and Conditions.
Out & About Baby may change, suspend or discontinue any aspect of the Out & About Baby service at any time, including availability of any feature, database or content. Out & About Baby may also impose limits on certain features and services or restrict your access to all or parts of the Website or any other Out & About Baby web site without notice or liability for technical or security reasons, to prevent against unauthorised access, loss of, or destruction of data or where we consider in our sole discretion that you are in breach of any provision of these Terms and Conditions or of any law or regulation and where it decides to discontinue providing a service.
Your continued use of Out & About Baby now, or following the posting of any such notice of any changes, will indicate acceptance by you of such modifications.
JURISDICTION AND GOVERNING LAW
This Website is operated by an Australian entity and this Agreement is governed by the laws of Australia. You hereby consent to the exclusive jurisdiction and venue of courts in New South Wales, Australia, and stipulate to the fairness and convenience of proceedings in such courts for all disputes arising out of or relating to the use of this Website. You agree that all claims you may have against Out & About Baby arising from or relating to this Website must be heard and resolved in a court of competent subject matter jurisdiction located in New South Wales. Use of this Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph. The foregoing shall not apply to the extent that applicable law in your country of residence requires application of another law and/or jurisdiction and this cannot be excluded by contract.
You agree that no joint venture, agency, partnership, or employment relationship exists between you and The Out & About Baby Company and/or affiliates as a result of this Agreement or use of this Website.
Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of this Website or information provided to or gathered by us with respect to such use. To the extent allowed by applicable law, you agree that you will bring any claim or cause of action arising from or relating to your access or use of this Website within two (2) years from the date on which such claim or action arose or accrued or such claim or cause of action will be irrevocably waived.
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remaining provisions in the Agreement shall continue in effect.
This Agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between you and Out & About Baby with respect to this Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the customer and Out & About Baby with respect to this Website. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
These Terms and Conditions are available in the language of the Website. The specific Terms and Conditions to which you signify your agreement will not be individually stored by Out & About Baby.
The Website may not always be updated on a periodic or regular basis and consequently is not required to register as editorial product under any relevant law.
Fictitious names of companies, products, people, characters, and/or data mentioned on this Website are not intended to represent any real individual, company, product, or event.
Any rights not expressly granted herein are reserved.
For answers to your questions or ways to contact us, visit our Contact page. Or, you can write to us at:
The Out & About Baby Company
PO Box 861
Drummoyne NSW 1470
©2017 The Out & About Baby Company. All rights reserved.