Version 1.0 Publication date: 2nd Feb, 2010.
1 About the Service
This website is owned and operated by or on behalf of Blooming Angel Pty Ltd (T/a Angel Maternity, ABN 20 100 855 310) under the domain names www.angelmaternity.com.au.
Your use of the Service (issued by Angel Maternity), the Angel Maternity Website, and the information, graphics, materials and any products or services offered on the Angel Maternity Website (Material on this Website) is governed by these Terms of Use and the associated Privacy Policy.
By using the Angel Maternity Website you agree to be bound by these Terms of Use and the Privacy Policy.
In addition to the Terms & Conditions contained in this document, other terms of use or conditions may apply to your use of the Service, the Angel Maternity Website, parts of the Angel Maternity Website, or to products and services offered through the Angel Maternity Website (Special Terms). You will be bound by these Special Terms, as applicable. In the event of an inconsistency between the provisions of these Terms of Use and any Special Terms, the Special Terms will prevail.
Any Special Terms can be found on the Angel Maternity Website. Other information about the Service and Angel Maternity is also available on the Angel Maternity Website.
2 Access to the Angel Maternity Website
In order to access and use the Angel Maternity Website and Service, You must obtain access to the world-wide-web and pay any service, telecommunication, internet or other fees associated with or incurred by such access and use. You must provide all equipment necessary to connect to the internet and world-wide-web, and access the Angel Maternity Website.
3 Eligible users
In order to be eligible to use the Service, You must:
1. be an individual at least 18 years of age, and able to form legally binding contracts in your own name under Australian law;
2. have a valid and active email address;
3. have a valid credit card or other valid payment method.
4 Registering to use the Service
1. You must register with Angel Maternity to use the website.
2. When registering with Angel Maternity, You must provide us with certain details, including, but not limited to, your:
a. name;
b. telephone number;
c. valid and active email address;
d. mailing address (and billing address if different); and
e. your credit card details when you make orders and choose to pay by credit card.
3. If you successfully register with Angel Maternity, your email will be the unique username. You will be required to enter this username and password each time you use the Service or certain sections of the Angel Maternity Website.
5 Your obligations
1. You represent and warrant that all information you provide to Angel Maternity will be complete, correct and accurate in every particular.
2. If you are a registered user of the Service, Angel Maternity identifies you via your username and password. You agree to not disclose your username and password to any other person, and you also agree not to use any other person's username and password. You must take all reasonable steps to keep your username and password confidential and secure. If, in breach of this clause, you do provide another person with your username and password, or do not take reasonable steps to keep your username and password confidential and secure, then you will be taken to have authorised any use of your account by that person.
3. If your username and/or password is lost, stolen or security is compromised in any way, or you suspect this to be the case, then you must notify Angel Maternity immediately.
6 Links to other websites
1. The Angel Maternity Website may contain links to websites which are owned or operated by third parties independent of Angel Maternity (Linked Websites). Angel Maternity does not sponsor, endorse, or approve of the operators of Linked Websites, or material which is located on Linked Websites, including special offers, deals or promotions, or information, graphics and other material (Third Party Material).
2. Subject to any applicable law which cannot be excluded, Angel Maternity makes no warranties or representations:
a. regarding the quality, accuracy, merchantability or fitness for purpose of Third Party Material, or products or services available through Linked Websites; or
b. that Third Party Material does not infringe the intellectual property rights of any person. Angel Maternity is not authorising the reproduction of Third Party Material by linking Material on this Website to Third Party Material.
3. When following a link on the Angel Maternity Website, material at a Linked Website may be displayed in your browser framed by Material on this Website. This material is also Third Party Material for the purpose of these Terms of Use.
7 Warranties
Whilst every effort has been made to ensure that information is free from error, Angel Maternity does not warrant the accuracy, adequacy or completeness of Material on this Website, the Service or any other products or services offered on the Angel Maternity Website. All information is subject to change without notice. Angel Maternity does not guarantee that the Angel Maternity Website or Linked Websites will be free from viruses, or that access to the Angel Maternity Website, Linked Websites or the Service will be uninterrupted. All terms implied by law, except those which can not be lawfully excluded, are excluded.
8 Limitation of Liability
Angel Maternity will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
1.to the extent that the website is provided free-of-charge, for any direct loss;
2.for any indirect, special or consequential loss;
3.or for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if Angel Maternity has been expressly advised of the potential loss.
9 Availability of the Angel Maternity Website
1. As electronic services are subject to interruption or breakdown, access to the Angel Maternity Website is offered on an 'as is' and 'as available' basis only.
2. Maternity may withdraw the Angel Maternity Website at any time if necessary.
10 Copyright
Copyright in the Material on this Website is owned or licensed by Angel Maternity. Except where necessary for and incidental to viewing the Material on this Website via your web browser, or as permitted under the Australian Copyright Act 1968 (Cth) or other applicable laws, no Material on the Angel Maternity Website may be reproduced, stored in an electronic or other retrieval system, adapted, uploaded to a third party location, framed, performed in public or transmitted in any form by any process whatsoever without the specific written consent of Angel Maternity.
11 Termination
These Terms of Use and your access to the Angel Maternity Website may be terminated at any time by Angel Maternity without notice to you. All restrictions, licences granted by you and all disclaimers and limitations of liability by Angel Maternity will survive termination. Upon termination, you will no longer be authorised to access or use the Angel Maternity Website.
12 Acceptance and changes to Terms of Use
1. You acknowledge and accept that your use of the Angel Maternity Website indicates your acceptance of these Terms of Use and the Privacy Policy.
2. By using this website, you agree that these Terms & Conditions and the Privacy Policy are reasonable. If you do not think they are reasonable, you must not use this website.
3. These are the current Terms of Use. They replace any other terms of use for the Angel Maternity Website published on the Angel Maternity Website to date. Angel Maternity may at any time vary the Terms of Use without your consent. If Angel Maternity varies the Terms of Use, Angel Maternity will notify you by publishing the update at the top of the Terms of Use page on the Angel Maternity Website. By your use of the Angel Maternity Website after any variation has taken effect, you are taken to have accepted the new Terms of Use.
