Last updated May 2023
Thank you for visiting our website. The Baby Swag is a media brand that publishes parenting advice and pregnancy, birth, and early childhood product reviews. It is our intention to provide you with helpful information to make big parenting decisions, easy.
https://thebabyswag.com/ is owned and operated by Pepper Ventures Pty Ltd (ABN 99 666 885 463) of Fortitude Valley, Queensland, Australia.
Any reference to ‘website’ in these terms and conditions means https://thebabyswag.com/, our Membership Portal, and includes any third-party platforms that we use to deliver our services to you or communicate with you (e.g. The Baby Swag Facebook group and our social media accounts).
We encourage you to carefully read and understand these terms before using the website or any of our products and services. If you do not agree, your remedy is to stop using our website.
We may update our terms from time to time and the new provisions will apply from the date they are updated.
Feedback, comments, or complaints
If you have any questions, please contact us via our contact details below and we will usually respond to all enquiries within three business days. We welcome the opportunity to talk with you and address any concerns.
|The Baby Swag owned and operated by Pepper Ventures Pty Ltd (ABN 99 666 885 463)
|Fortitude Valley, Queensland, Australia
This website The Baby Swag is owned and operated by Pepper Ventures Pty Ltd (ABN 99 666 885 463) and this is who we mean when we refer to ‘we’, ‘us’, ‘ours’, or ‘The Baby Swag’.
Any reference to ‘you’, ‘your’, ‘client’, ‘customer’, or ‘user’, we mean you the person using our website.
‘Our website’ means all websites owned and operated by us, and including all forms of digital media and expression, for example, our social media pages and platforms, email communications with you, our blogs, and images we publish.
When you browse our website, read our blogs and reviews, access any of our resources or purchase one of our affiliate products or services through our website links, you agree to be automatically bound to these terms and conditions. By being automatically bound, you do not need to sign anything; however, if you disagree with these terms, you understand that your remedy is to stop using our website.
We may update our terms from time-to-time and any new updates will apply from the date they are published on our website. You acknowledge and agree it is your responsibility to regularly check for any updates each time you browse, contact us, or make a purchase through our website links.
Our website may contain links to other websites, online stores, platforms, analytic or marketing tools or services (we call these ‘linked sites’). Linked sites are not under our control, and we are not responsible for the contents of any linked site or the information they collect. We are also not responsible for any form of transmission sent or received to or from any linked sites.
Links and linked sites are provided to you only for convenience, and the inclusion of any link does not imply our endorsement of the website, or any association with its operators. We provide reviews of the products and services that may be found in the links, but we do not sell, supply, or manufacture the products and services. We do not accept any responsibility for any interaction you may have with linked sites. You acknowledge and agree that linked sites are external to us and beyond our control and responsibility, and that you will not hold us responsible for any loss or damage incurred by your use of these sites.
Promoted or Affiliated Products and Services
If we promote third party products or services via our website, it may be because they are affiliated with us. If this is the case we may receive a commission, sponsorship, or donation, or the third party may support us in some way. You must always make your own enquiries and judgement based on your personal circumstances before using or purchasing third party products or services.
The United Nations Conventions for the International Sale of Goods 1980 (Vienna Convention), is expressly excluded from the sale of products (goods) made via this website. We invest significant effort in ensuring that our website is accurate, although sometimes mistakes happen. If an error occurs, we will correct it. We may have to correct an error after you place your order. We will be fair, and we will communicate with you. If you find an error or anomaly before us, please let us know.
Copyright, Trademarks, Intellectual Property
We own the intellectual property rights in the contents of our website and social media pages or have permission to use or display material on our website. Our name, The Baby Swag, belongs to us, as do our copyright and trademarks. Our trademarks do not need to be registered to be owned by us and protected against infringement by others. Just because our intellectual property is publicly displayed does not mean you have our permission to use, copy or replicate any of our intellectual property. You must not use our intellectual property without our express written permission. We invest in our creative ideas, writing and processes and in the success of our business and we take action to protect our intellectual property rights.
No unlawful or prohibited use
You may not use this website in any manner which could damage, disable, overburden, or impair this website or interfere with any other party’s use and enjoyment of this website. You agree not to hack into areas of this website that are not intentionally made available to you, and you expressly agree not to:
- engage in any internal or external spamming, or other similar actions;
- decompile, reverse engineer, or try to copy or imitate this website or underlying content.
You will not access, view, copy or download information unless authorised by us to do so, and you will not use our website as a lead generation tool for the benefit of your own business, or to manufacture “lists” to help your own business or any other person or business. You must not copy, display, distribute, modify, translate, reformat, incorporate into advertisements and other works, promote, create derivative works, or in any way exploit or allow others to exploit any of our website content in whole or in part, except as expressly authorised in writing by us.
Permission to Use
You may only use our website, its content, and the content of our social media for your own personal use and not for any commercial purpose. Sharing our content without our prior written permission is expressly prohibited.
Any content, including advertising, posted on our website by third parties are the responsibility of those third parties and may be subject to copyright. You must ask permission from the third party before using any of their content.
If you provide us with images, phrases, a story or other information, or your opinion, comment, feedback, or any other form of Testimonial or communication about your experience with us or using any product or services relevant to our website, then you grant us a worldwide, exclusive, irrevocable, royalty-free licence to publish these items on our website and/or our social media platforms for our own business, marketing and advertising purposes.
Infringement of Intellectual Property Rights
If we believe you have infringed out intellectual property rights, we will contact you and ask you to stop. If you fail to do so or have caused harm or potential harm to our business, then we will enforce our legal rights against you.
If you believe there is material on our website that infringes third party intellectual property rights, please tell us immediately and provide us with sufficient information to enable us to determine who the owner of the intellectual property is.
If we form the reasonable belief that there has been an infringement, we will remove the infringing content from our website. Be aware that you may be subject to liability if you knowingly make any misrepresentations when providing information to us. As an Australian based business, we are not compelled to comply with the United States Digital Millennium Copyright Act 1988 (DMCA).
Product Ratings, Reviews & Testimonials
We value the voice of our users and welcome genuine feedback. You must be a verified purchaser to comment on any product, or services. We may take legal action to protect our reputation and business investment if non-genuine or defamatory comments are made, commented upon, published or shared in any way that are intended or cause harm to our business or reputation, including that of any of our employees.
By submitting a rating, review, opinion, or testimonial you expressly agree that:
- what you say is genuine and not defamatory or intended to harm our business or reputation;
- you are a genuine, verified purchaser of the product or service that you are commenting on;
- if we have failed to meet your expectations that you will ALWAYS let us know by email or telephone communication before you submit a negative rating, review, opinion, or testimonial;
- that you have taken steps to ensure that you have not confused our business or your experience with us, with any other business providing like or similar products or services.
The opinion you express may help or harm our business, and we reserve the right to investigate, verify any rating, review, opinion or testimonial and remove content we disagree with or that we deem to be harmful to us. We may moderate or reject any content we receive, and we review content posted about us on third party websites, such as Google Reviews. We may ask you to remove content that is untrue or harmful to us and if you refuse to do so, we may take legal action to protect our business.
The purpose of our social media accounts is to inform and engage our customers. If you have suggestions or concerns, please let us know at our contact details provided above. Any information you post on social media becomes publicly available, subject to your account privacy settings.
We recommend that you be mindful of what personal or other information you share on our social media pages as we are not, under any circumstances, liable for publicly available information. When you use or interact with us via our website, social media or any digital or online platform, we expect you to behave properly, including interacting with, commenting on or referring to our business, website, and our social media pages or any other person or business. We may apply rules for participation in our social media groups or pages which will be displayed appropriately.
We may remove people, posts, or comments from our social media pages if, in our sole discretion, we deem the material posted or the behaviour of that person to be inappropriate, damaging or not in accordance with our social media rules. We do not guarantee that we will monitor our social media pages and we are not responsible for any loss or damage you may suffer.
Security is important to us. We deny all liability for any unauthorised use or access of our site, content, and information. We are not responsible for computer viruses or technological problems that we do not intentionally cause or that are beyond our control. You are encouraged to install and maintain up-to-date security software on your computer. We make industry standard efforts to maintain the security of our website and employ regular backups and scanning for security breaches. Despite this, we cannot guarantee that any site is impenetrable.
Limitation of liability
We do not design, manufacture or sell the products or services that we review, and therefore to the extent permitted by Australian Consumer Law (including Australian Consumer Guarantees which cannot be excluded) we do not provide any guarantees for the use of our website, content, product and service reviews and blogs. We will not be liable to you or any other person for any damages whatsoever arising as a result of your use of our website in any way.
Where warranties are implied by law, you acknowledge and agree that our total aggregate liability is limited at our discretion to the provision of our services again, or to a refund equal to the total amount paid by you for those services, even if that amount is zero.
This limitation of liability applies to the fullest extent permitted by law and survives any termination or expiration of this agreement or your use of our website.
Unless the claim was caused by or substantially contributed by us, or the cause of the claim was outside your control, you agree to indemnify and defend us from any claims, damages, liabilities, costs, or expenses (including court costs and reasonable legal fees) related to:
- your use of any of our affiliates shopping carts, e-commence order placements or payment platforms;
- any content you post via our website or supplied by you to us;
- your unauthorised use or misuse of our website, including our social media;
- your breach of our terms or policies;
- content you post via our website or supply to us.
This limitation of liability applies to the fullest extent permitted by law and survives any termination or expiration of our terms, products, or services.
This means that if you cause a claim, you will be responsible for paying the costs we incur to have to defend against that claim.
If for some reason a clause of these terms is unenforceable, the rest of the terms will continue unaffected, and that term will be severed.
These terms are governed by the laws of Queensland Australia, and you agree to be subject to the jurisdiction of the courts of Queensland, Australia, if there was such a serious dispute between the parties.
You may provide notice to us through the contact page of our website or otherwise by email at our contact details listed above. We may provide notice to you via email provided at the time of purchase, or by other electronic means.
Feedback, comments, or complaints
If you are happy with us, please recommend us to others. We appreciate receiving testimonials, positive feedback, and wonderful ratings & reviews where we exceed your expectations. In the unlikely event that you encounter an issue, reach out to us at our contact details provided to you above.