Website Terms of Use

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.

 
       Delivery
·       Every effort will be made to fulfill orders placed with Babify, but we shall not be liable to any person if we decline to supply product(s) for any reason whatsoever. We reserve the right to decline orders without disclosing the reason behind that action.
 
·      Please note that CHOOSING A WRONG DELIVERY ZONE WILL RESULT IN THE ORDER TO BE PUT ON HOLD until the right courier fee is confirmed and accepted by you. This applies to customers who pay by bank payment, internet banking, credit card or Pay Pal. For credit card or bank transfer orders WE RESERVE THE RIGHT TO CORRECT THE DELIVERY ZONE AND CHARGE YOU the right courier fee without prior confirmation. We are not liable for any losses or delays if we can’t reach you through the phone number or email address you provided when placing the order. So please for prompt delivery ensure that you pick the right delivery zone. If you are not sure about the charges or forgot to include them please contact us by phone or email as soon as possible to avoid delays in delivery.
·     If the Customer fails to sign or did not request for signature to be obtained on delivery of the Products, the Products shall be left at the delivery address, where courier driver feels it was safe to drop, and be deemed delivered at that point in time. It is the customer's responsibility to give our company delivery instruction (ex. leave by the front door etc.), our General instructions to the courier drivers is to drop the boxes at the delivery address if no instructions were given by the customer to do otherwise. The property and risk in the product shall pass to the customer upon delivery to the customer's delivery address, and when the courier company confirms that it has been delivered to the right address.
·     In case of short or incorrect delivery you need to contact us as soon as possible. Any queries regarding delivery of parcels and the contents will not be considered after 14 days from dispatch date.
Warranty and Returns
All our products carry a one-year limited warranty against defects and material and workmanship. Any faults in any of our products should be reported to us as soon as possible and always in a reasonable time period.
We have the right to seek the return of any faulty goods or faulty parts from the customer and therefore customers should not dispose of any faulty products or parts without first consulting Babify. We will determine whether or not it requires the faulty product to be returned or not. If we seem the return of the faulty product it will pay reasonable costs of return and redelivery of the product.
No refunds will be given for goods if you have simply changed your mind unless they have been returned within 30 days of the date of purchase in the original packaging and a receipt or invoice must be provided as to proof of purchase. If the item was used, the return will only be accepted at the discretion of Babify. In such cases, we reserve the right to charge a reasonable market rental for the period the item was used. Change of mind returns after 30 days will not be accepted.
Returns and/or exchanges for incorrect products ordered or change of mind returns will be at the cost of the customer. This includes courier/postage fees for return products and courier/postage fees for parts sent from us as an exchange (this condition does not apply to faulty products).
If the customer received a free gift as part of a promotion and the product or portion of the product is returned for any reason (unless it was a faulty or defective product) the free gift must be returned along with the unwanted product. Free gifts cannot be returned for refund or exchange and have no cash value of their own.
The liability of Babify for any loss, damage or injury arising directly or indirectly from one of our products for non-compliance of any of our products or for any other reason shall not in the event exceed the amount equivalent to the price of the product.
We have the right to change its policy relating the return and refund of products at any time without notice.
All non-business customers have all the rights they are entitled to under the Consumer Guarantees Act 1993 and the above terms do not deprive them of any of the rights or remedies they have under that Act.

Copyright
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Babify. The collective work includes works that are licensed to Babify. Copyright 2003, Babify ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Babify or purchasing Babify products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Babify or to purchase Babify products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Babify. You further agree not to change or delete any proprietary notices from materials downloaded from the site.


Trademarks
All trademarks, service marks and trade names of Babify used in the site are trademarks or registered trademarks of Babify


Warranty Disclaimer
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Babify disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Babify does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Babify does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.


Limitation of Liability
Babify shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Babify has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.


Typographical Errors
In the event that a Babify product is mistakenly listed at an incorrect price, Babify reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Babify reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Babify shall issue a credit to your credit card account in the amount of the incorrect price.


Term; Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Babify without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.


Notice
Babify may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Babify.


Miscellaneous
Your use of this site shall be governed in all respects by the laws of the state of NSW, Australia. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Babify products) shall be in the state or federal courts located in Sydney, NSW. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Babify products) must be commenced within one (1) year after the claim or cause of action arises. Babify's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Babify may assign its rights and duties under this Agreement to any party at any time without notice to you.


Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Babify or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.


Participation Disclaimer
Babify does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Babify is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Babify reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Babify in its sole discretion.


Indemnification
You agree to indemnify, defend, and hold harmless Babify, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.


Third-Party Links
In an attempt to provide increased value to our visitors, Babify may link to sites operated by third parties. However, even if the third party is affiliated with Babify, Babify has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Babify. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Babify seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).