Welcome to Babies Mart Australia (referred to as "Babies Mart Australia," "we," "us," or "our"). By visiting our Site and/or purchasing something from us, you engage in our “Service” and agree to be bound by these Terms of Service (“Terms”). Please read these Terms carefully before accessing or using our website.

If you do not agree with all the Terms, then you may not access the website or use any Services. Any new features or tools added to the current store are also subject to these Terms. We reserve the right to update or replace any part of these Terms at any time by posting changes to our website. It is your responsibility to check this page periodically for updates.

Our store is hosted on Shopify Inc. They provide us with an online e-commerce platform that allows us to sell our products and Services to you.

1. OVERVIEW

By visiting our site (including babiesmart.com.au) and/or purchasing something from us, you engage in our Service and agree to be bound by these Terms, including additional terms and policies referenced herein and/or available by hyperlink (such as our Privacy Policy and Refund Policy). These Terms apply to all users of the site, including without limitation browsers, vendors, customers, merchants, and/or contributors of content.

2. ONLINE STORE TERMS

1. Age of Majority: By agreeing to these Terms, you represent that you are at least the age of majority in your state or territory of residence, or that you are the age of majority and have given us consent to allow any of your minor dependents to use this site.

2. Lawful Use: You may not use our products or Services for any illegal or unauthorized purpose, nor may you violate any laws in your jurisdiction (including but not limited to copyright laws) in the use of the Service.

3. No Harmful Code: You must not transmit any worms, viruses, or any code of a destructive nature.

4. Termination for Breach: A breach or violation of any of the Terms will result in an immediate termination of your Services.

3. GENERAL CONDITIONS

1. Right to Refuse Service: We reserve the right to refuse Service to anyone for any reason at any time, to the extent permitted by law.
2. Unencrypted Transfers: You understand that your content (excluding credit card information) may be transferred unencrypted and may involve (a) transmissions over various networks and (b) changes to conform and adapt to technical requirements. Credit card information is always encrypted during transfer over networks.
3. No Reproduction: You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service without express written permission by us.
4. Headings: Section headings in this agreement are for convenience only and do not limit or affect these Terms.

4. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

1. Disclaimer of Accuracy: We are not responsible if information on this site is not accurate, complete, or current. The material is provided for general information and should not be relied upon as the sole basis for decisions.
2. Historical Information: Certain historical information may be provided for reference only and is not necessarily current.
3. Right to Modify: We reserve the right to modify the site’s content at any time but have no obligation to update information. You agree it is your responsibility to monitor changes to our site.

5. MODIFICATIONS TO THE SERVICE AND PRICES

1. Price Changes: Prices for our products are subject to change without notice.
2. Service Changes: We reserve the right to modify or discontinue the Service (or any part thereof) at any time without notice.
3. No Liability: We shall not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Service, except as required by law.

6. PRODUCTS OR SERVICES

1. Availability & Online Purchases: Certain products or Services may be available exclusively online through the website in limited quantities and subject to return or exchange according to our [Refund Policy](link here).
2. Accuracy of Product Images: We attempt to display product colours and images accurately. We cannot guarantee your device’s display will be accurate.
3. Right to Limit Sales: We reserve the right to limit the sales of our products or Services to any person, geographic region, or jurisdiction on a case-by-case basis.
4. Product Descriptions & Pricing: All descriptions and prices are subject to change at any time without notice. We reserve the right to discontinue any product at any time.
5. Quality Disclaimer: We do not warrant that the quality of any products, Services, information, or other material purchased will meet your expectations or that any errors will be corrected. Your statutory rights under the Australian Consumer Law remain unaffected.

7. ACCURACY OF BILLING AND ACCOUNT INFORMATION

1. Order Limits: We may, in our sole discretion, limit or cancel quantities purchased per person, household, or order. These restrictions may include orders under the same customer account, credit card, billing, or shipping address.
2. Right to Cancel: If we change or cancel an order, we may notify you by contacting the email and/or billing address/phone number you provided.
3. Account Information: You agree to provide current, complete, and accurate purchase and account information for all purchases. You agree to promptly update your account details so we can complete transactions and contact you if needed.
4. Refund Policy: For more details, please review our [Refund Policy](link here).

8. OPTIONAL TOOLS

1. Third-Party Tools: We may provide you with access to third-party tools (e.g., shipping integrations, analytics) that we neither monitor nor control.
2. “As Is” and “As Available”: You acknowledge that access to such tools is provided “as is” and “as available” without warranties, representations, or conditions of any kind.
3. No Liability: We have no liability arising from or relating to your use of optional third-party tools.
4. Future Services: Any new features or tools we add to the site will also be subject to these Terms.

9. THIRD-PARTY LINKS

1. External Sites: Certain content, products, or Services available via our Service may include materials from third parties. These links may direct you to external websites not affiliated with us.
2. No Endorsement: We are not responsible for evaluating the content or accuracy of third-party sites and do not warrant their materials, products, or Services.
3. No Liability: We are not liable for any harm or damages related to third-party websites. Any complaints or questions should be directed to the third party.

10. USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

1. License to Use: If you send creative ideas, suggestions, proposals, or other materials (collectively, “comments”) without a request from us, you agree that we may edit, copy, publish, distribute, translate, and otherwise use them in any medium without restriction.
2. No Obligation: We are under no obligation to maintain any comments in confidence, to pay compensation, or to respond.
3. Right to Monitor: We may, but have no obligation to, monitor, edit, or remove content we determine to be unlawful, offensive, threatening, defamatory, obscene, or otherwise objectionable.
4. Accuracy & Liability: You agree your comments will not violate any third-party rights or contain unlawful, abusive, or obscene material. You are solely responsible for any comments you make.

11. PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy policy – Babies Mart Australia. Please review it to understand our practices.

12. ERRORS, INACCURACIES AND OMISSIONS

1. Site Information: Occasionally, information on our site or in the Service may contain typographical errors or omissions. We reserve the right to correct errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information is inaccurate without prior notice (including after you have submitted your order).
2. No Obligation: We undertake no obligation to update or clarify information, except as required by law.

13. PROHIBITED USES

In addition to other prohibitions in these Terms, you are prohibited from using the site or its content:

• For any unlawful purpose.
• To solicit others to perform unlawful acts.
• To violate any international, federal, or state regulations or local ordinances.
• To infringe upon or violate our intellectual property rights or those of others.
• To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate.
• To submit false or misleading information.
• To upload or transmit viruses or any other malicious code.
• To collect or track personal information of others without consent.
• To spam, phish, pharm, pretext, spider, crawl, or scrape.
• For any obscene or immoral purpose.
• To interfere with or circumvent the security features of the Service or related websites.

We reserve the right to terminate your use of the Service for violating any prohibited uses.

14. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

1. No Guarantee: We do not guarantee that your use of our Service will be uninterrupted, timely, secure, or error-free.
2. As-Is: You expressly agree that your use of the Service is at your sole risk. The Service and all products delivered to you are provided “as is” and “as available,” except as stated by us or required by law.
3. Limits to Liability: To the extent permitted by Australian law, Babies Mart Australia and its affiliates, officers, employees, agents, or suppliers shall not be liable for any injury, loss, claim, or any direct, indirect, incidental, or consequential damages of any kind arising from your use of the Service or any products procured via the Service.
4. Australian Consumer Law: Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred by the Australian Consumer Law (Competition and Consumer Act 2010 (Cth)) or other applicable laws that cannot be excluded by contract.

15. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Babies Mart Australia and our parent, subsidiaries, affiliates, officers, directors, agents, contractors, licensors, Service providers, subcontractors, suppliers, interns, and employees from any claim, including reasonable attorneys’ fees, arising out of your breach of these Terms or your violation of any law or rights of a third party.

16. SEVERABILITY

If any provision of these Terms is determined to be unlawful, void, or unenforceable, the unenforceable portion shall be deemed severed, and such determination shall not affect the validity of the remaining provisions.

17. TERMINATION

1. Survival: The obligations and liabilities incurred prior to the termination date shall survive the termination of this agreement for all purposes.
2. Termination by You: You may terminate these Terms at any time by notifying us or ceasing the use of our Site and Services.
3. Termination by Us: If you fail to comply with any provision of these Terms, we may terminate this agreement without notice and you remain liable for all amounts due up to the date of termination.

18. ENTIRE AGREEMENT

These Terms, together with any policies or operating rules posted by us on this site, constitute the entire agreement between you and us, governing your use of the Service. Any ambiguities in interpretation shall not be construed against the drafting party.

19. GOVERNING LAW

These Terms and any separate agreements by which we provide you Services shall be governed by and construed in accordance with the laws of the State of Victoria, Australia, and any applicable federal laws of Australia. You irrevocably submit to the exclusive jurisdiction of the courts of Victoria.

20. CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms at any time on this page. We reserve the right, at our sole discretion, to update or replace any part of these Terms by posting updates to our website. Your continued use of or access to our website or Services following the posting of any changes constitutes acceptance of those changes.

21. CONTACT INFORMATION

Any questions about these Terms of Service should be sent to:

Babiesmart Pty Ltd (trading as BabiesMart)
ABN: 70 654 753 072
Address: Factory 30/68-78 Rosebank Avenue, Clayton South, VIC, 3169
Phone: 1800957967
Email: info@babiesmart.com.au

Thank you for reading and agreeing to our Terms of Service. We appreciate your business and look forward to serving you at Babies Mart Australia

Last Updated: 23 February 2025