TERMS AND CONDITIONS (as of 24 May 2017)
Please read these Terms and conditions of use (Terms) carefully before using the website at www.kiddiehood.com.au (Kiddiehood Website).
Acceptance of Terms
- The Kiddiehood Website is operated by Cheri Cunningham (ABN 85 090 411 203) (we/us/our).
- By accessing, viewing and using the Kiddiehood Website, you agree to be bound by the Terms.
Changes to Terms
- We reserve the right to change these Terms at any time without any prior notice and you will be taken to have accepted any change by continuing to use the Kiddiehood Website.
- In these Terms:
- Product means the items advertised for sale by Sellers on the Kiddiehood Website;
- User Account means the account created when you create a username and password and provide additional requested information to the Kiddiehood Website in order to access content on the Kiddiehood Website and purchase or sell the Products;
- Listing means the classified uploaded by the Seller, advertising their Products offered for purchase;
- Listing Rules means the rules as set out in clause 28 below.
- Seller means the users of Kiddiehood Website that have signed up for a User Account and are uploading advertisements for their Products; and
- Services means the service we provide to Sellers to allow them to upload online Listings for their Products.
Use of the Kiddiehood Website
- You may access the Kiddiehood Website for the purposes of:
- establishing a User Account;
- uploading a Listing to the Kiddiehood Website to sell baby and children related Products;
- browsing, selecting and attempting to purchase/buy the Products.
- To establish a User Account, you will be required to provide your personal information, including your email address.
- You are solely responsible for maintaining the confidentiality of your password that you chose for your associated User Account.
Selling items on Kiddiehood Website
- By uploading your Listing advertising the sale of your Product to Kiddiehood Website, the Seller agrees to make every reasonable effort to facilitate the sale of the Product to the Buyer who clicked the “BUY THIS ITEM” button on the Seller’s Listing.
- Your Listing will be active for 30 days, after which time your Listing will expire. You are able to relist on the 27th day after initial posting date.
- The Buyer will have two days (48 hrs) to collect and pay for the Product once they click the “BUY THIS ITEM” button on your listing. The Seller can extend by changing the collection date on their calendar.
- The Buyer may request an extension of time of the 48 hr period to be able to pay for and pick up the Product.
- The Seller is not required to agree to a Buyer’s request for extension of time to pay for and pick up the Product.
- If the Buyer does not pick up and pay for the item within this two day period (48 hrs), the Seller can offer the item to the Buyer who has clicked the “NEXT IN LINE” option for the Listing.
- The Seller also agrees to make every reasonable effort to facilitate the sale of the Product to the Buyer who clicked the “NEXT IN LINE” option, should the original Buyer fail to make arrangement for payment and pick up of the Product.
Purchasing items on Kiddiehood Website
- To purchase a Product on the Kiddiehood Website, you must click the “BUY THIS ITEM” button on the Seller’s Listing.
- Once you have clicked on the “BUY THIS ITEM” button, the Product will remain advertised on the website, with the “BUY THIS ITEM” button temporarily replaced with the “NEXT IN LINE” option.
- Only one user will be able to click the “NEXT IN LINE” option for the Listing. Once this occurs, the Listing will state that the Item has “Sold”.
- Once you have clicked on the “BUY THIS ITEM” button of the Product offered for sale by the Seller, you have expressed an interest to make arrangements with the Seller within two days (48 hrs) to purchase the item for the advertised sale price, and will make your own arrangements to pay the advertised sale price to the Seller and pick up arrangements.
- The Buyer who has clicked on the “BUY THIS ITEM” button of the Product may at any time change their mind in relation to completing the purchase of the Product within the two days (48 hrs).
- Once you have completed the purchase of the Product with the Seller, the Seller will as soon as possible remove the advertisement and notify the user who clicked on the “NEXT IN LINE” option, that unfortunately the Product is no longer available for purchase.
- If you fail to make satisfactory arrangements with the Seller of the Product within the two day (48 hour) period, the Seller may offer to sell the Product to the first user who clicked on the “NEXT IN LINE” option or mark the listing as available.
Use of your User Account
- Your User Account (including the details of the username and password) may not be assigned or transferred to any other person or entity.
- You may not permit any other person to use your User Account or provide them with the details of your User Account.
- You must promptly inform us if you are aware of any breach, theft or loss of the details of your User Account or any unauthorised use of your User Account.
- To register a User Account you must be at least 18 years of age.
- When registering a User Account you agree that you will not:
- contravene any of the Listing Rules as contained in clause 28 below;
- distribute viruses, spam or other malicious software;
- copy, modify, or upload any other user’s Listings;
- collect any personal information about other users without their consent;
- be inappropriate, defamatory, obscene, threatening, or indecent in your communications with other users and Sellers; and
- interfere with the Services we provide users in any way.
- If your Listing is in breach of one of the requirements in clause 26 above, then we reserve the right to terminate your User Account.
- When registering a User Account you agree that you will not upload any Listings that are:
- offensive, inappropriate, defamatory, obscene, threatening, or indecent;
- infringing upon the rights of any third party, including their intellectual property rights;
- false, misleading or deceptive, or likely to be misleading or deceptive;
- of counterfeit Products, or Products that are misleading or deceptive, or likely to mislead or deceive;
- for Products located overseas;
- for items that are not baby, infant or child-related;
- a duplicate of a previous Listing;
- a Listing that includes a link to a third party website or application;
- under the wrong category;
- promoting a business or company;
- not in English;
- of illegal items or recalled items (for items recalled in Australia, please visit: www.recalls.gov.au);
- of stolen property;
- include medicine, vitamins, baby formula, baby food or any other similar products;
- a Listing that advertises adoption, surrogacy, egg donation and sperm donation;
- discriminatory on the basis of religion, race, nationality, gender or sexuality; and
- void on the required details of the Product,
(collectively referred to as the Listing Rules).
- If your Listing is in breach of one or more of the Listing Rules, we reserve the right to delete the Listing and may terminate your User Account.
- As we are never able to review the Products that are listed, we recommend that you should always inspect the Product before you make payment to the Seller, to confirm that the Product is as described and in an acceptable state.
- We recommend that you do not send payment, either through bank deposit or PayPal, or any other method until you have adequately communicated with the Seller and are satisfied that they are trustworthy.
- We recommend that you meet face to face to complete the transaction, so that you can adequately view the Product and exchange the payment on the spot.
- We recommend that you follow our Safety Tips when meeting with the Buyer or Seller face to face.
Reporting breaches of these Terms
- To allow us to provide our Services to users we require that all users report any Listings that are in breach of the aforementioned Listing Rules or any of the Terms.
- Further, we require that all users report any users or Sellers that are in breach of the aforementioned Listing Rules or any of the Terms.
- To keep the Kiddiehood Website a safe and supportive community, we require that all users report any Listings that appear to be suspicious or potentially dangerous, or any communications with users or Sellers which are in breach of the Terms.
- All Listings will include a “Report” button, and users should use it when appropriate, so that the Listing will be brought to our attention for our review and if necessary, our immediate action to remove the Listing.
- If during the process of selling or purchasing a Product listed on the Kiddiehood Website, an incident occurs that is or could potentially be dangerous, or threatening, please contact the police or relevant authorities immediately.
- If an incident occurs while communicating with another user of the Kiddiehood Website, such as harassing text messages or abusive communications please contact us on email@example.com so that we may take appropriate action against that user and maintain a safe community.
Intellectual property rights
- All text, graphics, logos, icons, images, photographs and software that feature on the Kiddiehood Website are protected under Australian and International copyright laws.
- When you upload any material, including images of your Products, on the Kiddiehood Website, you grant us an irrevocable, non-exclusive, worldwide, perpetual, royalty-free licence to exercise any and all copyright, publicity, trade marks, design, database and intellectual property rights to that material or content in any media whether now known or to be discovered.
- When you upload any material, including images of your Products, on the Kiddiehood Website, you waive all moral rights you have in the material or content to the fullest extent permitted by law.
- We provide you with a limited non-assignable and non-exclusive licence to view onscreen the content advertisements of a particular Product that you have attempted to purchase by clicking on the “BUY THIS ITEM” button.
- Except as specified in clause 43 above, you may not in any form or by any means adapt, reproduce, download, store, create derivative works, distribute, print, display, perform, publish or commercialise any materials obtained from any part of the Kiddiehood Website.
- You may not, without our written permission, on sell any information obtained from the Kiddiehood Website, use any data mining robots, other extraction tools, metatags or mirror the Kiddiehood Website.
- Payment for the Products must be arranged between you and the Seller advertising the product you have attempted to purchase by clicking on the “BUY THIS ITEM” button.
- We do not facilitate the payment for any Products between the Buyer and Sellers.
- Any purchase of the Products that is completed between you and the Seller, is non-refundable and non-transferable, unless agreed to by the Seller.
- We do at times offer Sellers the option to pay a fee for priority advertisements of their Products (Upgrade Listings).
- For payment of Priority Advertising we accept all major credit cards, namely Visa, MasterCard, or payment through the use of Stripe.
- We reserve the right to change our mode of payment at any time.
- To the extent permitted by law, we will not be held liable and responsible for any damages or consequential loss (whether direct or indirect) suffered by you as a result of any credit card fraud or unauthorised access to a Stripe account.
- We will not be held liable or responsible for any additional charges imposed by your credit card provider or bank, especially in the case where your purchase involves foreign exchange transactions.
Prices, GST and taxes
- All prices for the Priority Advertising on Kiddiehood Website are listed in Australian Dollars and they include GST (where applicable).
- If you are selling any items on the Kiddiehood Website, you are responsible for understanding any taxation obligations and setting your prices accordingly.
- By clicking on the “BUY THIS ITEM” button of the Product, you agree to pay the stated price in Australian Dollars for all items. You agree to pay any additional charges or taxes incurred if applicable.
- We reserve the right to change the price of our Priority Advertisement fees at any time without notice to you.
- Any information on the Kiddiehood Website is not intended to be tailored medical or professional information or advice in relation to the care of your baby, toddler or child and we do not accept any liability for any error or omission resulting in any injury, expense, loss or damage incurred by you or another party as a result of using the Kiddiehood Website or purchasing any Products from Sellers on the Kiddiehood Website.
- We do not accept responsibility for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of the Kiddiehood Website, nor do we accept any responsibility for any such loss arising out of your use of, or reliance on, information contained on or accessed through the Kiddiehood Website.
- You acknowledge that it is your responsibility to check the authenticity and quality of the Products before you complete your purchase with the Seller.
- We do not make any representations, warranties or guarantees whatsoever as to the accuracy, adequacy, reliability, completeness, suitability, quality or applicability of the information in the Seller’s Listings or the Products they list for sale.
- We do not make any representations, warranties or guarantees whatsoever as to the accuracy, adequacy, reliability, completeness, suitability, quality, applicability, durability and fitness for a particular purpose of the Products.
- We do not accept liability for the posting of any unlawful, threatening, abusive, defamatory, obscene or indecent Listings or Products, or material of any kind which infringes upon the rights of any individual, or entity, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence or give rise to civil liability.
- While we make every reasonable effort to ensure that the Kiddiehood Website is available at all times, we cannot guarantee 100% website uptime. The Kiddiehood Website must be bought down at times for scheduled maintenance and upgrades. We may experience a high volume of visitors at certain times. In the unlikely event that you will not be able to access the website during that period, please note that we would endeavour to restore access to the website in a timely manner, and further, are not responsible for any losses or damage that could arise as a result of your inability to access the Kiddiehood Website. The Kiddiehood Website may also be unavailable due to traffic conditions on the Internet or due to a hardware or software component failure or due to an event that is entirely out of our control. While we will endeavour to restore access to the website in a timely manner, we would not be responsible for any kind of losses that may arise due to any downtime.
- In the event that the Kiddiehood Website is down for an extended period of time, for users who have paid to upgrade their Listings, we will endeavour to take all reasonable steps to extend the period that your Listing is upgraded by the corresponding time that the Kiddiehood Website was unavailable.
Kiddiehood articles and blog posts
- The Kiddiehood Website will at times feature articles and blog posts submitted both by us and guest bloggers.
- These articles and blog posts are not intended to be tailored medical or professional information or advice in relation to the care of your baby, toddler, child or adult and we do not accept any liability for any error or omission resulting in any injury expense, loss or damage incurred by you or another party as a result of relying on the articles and blog posts in any way.
- You agree to fully indemnify and hold harmless us and our respective officers, directors, agents and employees against any loss (either direct or indirect), damage or expense whatsoever which we may suffer or incur in respect of any breach by you of the provisions of these Terms and any violation by you of any applicable laws or regulations.
- You agree to fully indemnify and hold harmless us and our respective officers, directors, agents and employees against any loss (either direct or indirect), damage or expense whatsoever which we may suffer or incur arising from or relating to your use of our Services.
- You release us and our respective officers, directors, agents and employees from any and all claims, demands, damages (actual and consequential) of every kind and nature, whether known or unknown, arising out of any disputes between you and other Kiddiehood Website users and Sellers.
Termination of User Account
- We reserve the right to refuse access to the Kiddiehood Website or the Listings to anyone should we believe that the Kiddiehood Website or the Listings have been or are being used for any unlawful purpose, and to take any further action as permitted by law.
- In particular, we may terminate a User Account immediately should a party breach one of these Terms.
- Should your User Account become terminated, you will remain liable for all liabilities that may have arisen or arise from your User Account and/or the termination thereof.
Australian Consumer Law
- We cannot guarantee the accuracy of the Listing or the quality of the Products.
- If the goods or services (as defined in the Australian Consumer Law) our Sellers supply to you are not of acceptable quality, you may have rights under:
- Schedule 2 of the Competition and Consumer Act 2010 (Cth) (the Australian Consumer Law); and/or
- other consumer laws applying in each Australian State or Territory.
- If there are any issues with your Products, we recommend in the first instance you discuss with the Seller.
- We also invite you to notify us of any issues in relation to the provision of the Products as soon as possible by emailing us at firstname.lastname@example.org
- The software that you use to access the Kiddiehood Website may automatically download and install updates from time to time from us. These updates are designed to improve, enhance and further develop the Products and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit us to deliver these to you) as part of your use of the Products.
Details you provide us with
- It is your responsibility to ensure that the information you provide, including your name, contact numbers, email address and address are correct, so please check any details carefully before submitting a Listing with us, or creating a User Account.
- You acknowledge and agree that we will not be responsible for any loss or damage that you may suffer as a result of you providing incorrect information to us including your name, contact phone numbers, email addresses or addresses.
- From time to time, we may email you advance notice of new content available on the Kiddiehood Website and other news. The email addresses we collect are only used internally for the purposes as stated above.
- Users will have the option to stop receiving our marketing material and communications by deactivating this option on their User Account.
- We respect your privacy rights and will not sell or rent your email address to other companies. If you would like to be removed from our email list you can do so by unsubscribing at the bottom of the emails sent to you.
- We may from time to time operate and manage social media accounts on Facebook, Instagram and Pinterest or other social media channels in future.
- Please note that we do not endorse the opinions expressed by the users on our social media pages. By submitting content, you agree that we may use and reproduce this content including your name, for testimonials or other purposes in any media and without any compensation to you. Any content you submit must be your original work.
- You must not post any material that is defamatory, derogatory, racist, sexist, unlawful, obscene, infringing any third party’s intellectual property rights, breaching someone else’s confidentiality or privacy, misrepresenting your relationship with us or the Kiddiehood Website, misleading, false or deceptive on our social media pages. We reserve the right to edit or remove content that violates these Terms and to block your access to our page.
- From time to time, we may use our social media account to advertise certain Listings and other material in relation to the Kiddiehood Website.
- From time to time we may publish testimonials on the Kiddiehood Website but you acknowledge and agree that this does not constitute a guarantee or warranty relating to us or the Products, but instead represent the experience of individual consumers.
Links to third party Websites
- The Kiddiehood Website may contain links to other websites that are operated by third parties.
- Unless stated otherwise, the Kiddiehood Website does not control, endorse, sponsor or approve such third party websites or their content, nor are we liable and responsible for any loss or damage that you may suffer as a result of your visits to any third party websites.
Interference with this Website
- You agree not to make or attempt to modify, hack, remove, deface, add or otherwise interfere with the Kiddiehood Website or to any material or content posted on the Kiddiehood Website.
- These Terms are governed by the laws of the State of Victoria, Australia.
Events which are out of our control
- We shall not be held liable and responsible for any delay in performance of our obligations under these Terms if the delay is caused by circumstances beyond our reasonable control.
- If we do not take action against you with respect to any breach by you of these Terms, this does not mean that we have waived our rights to take action with respect to subsequent or similar breaches.
- Furthermore, if any part of these Terms is found to be void, unlawful or unenforceable for any reason, that part will be deemed severed from the remainder of these Terms and will not affect the validity of the remaining clauses.
Last updated on 24 May 2017