General Terms and Conditions

By accessing the Tell Me Baby Service (ABN 25 155 148 093) (Tell Me Baby or We/we or Our/our or Us/us) through our website or any other interface that we may provide in the future such as mobile phone applications, immediately and from your very first access of the Tell Me Baby Services, you unconditionally and irrevocably agree to be bound by the Terms of Service of the Tell Me Baby Service (“Terms”), all applicable laws and/or regulations and you agree that you are responsible for this compliance.

We may, from time to time, also have other terms that will be presented to you when you are using the Tell Me Baby Service (such as but not limited to age restrictions to the extent permissible by law); and when this occurs, those terms will form part of our Terms.

Definitions

Throughout this document, the following terms have the following meaning:

“Tell Me Baby” means Tell Me Baby (ABN 25 155 148 093), and the terms ‘our’, ‘we’ and ‘us’ used throughout this document refers to Tell Me Baby and the ‘Tell Me Baby Service’ it provides;

“Our Websites” means the websites tellmebaby.com.au.

“User” refers to any person who has access to the Tell Me Baby Service either as a guest or through a registered account and login and the terms ‘you’, ‘your’ are used throughout this document to refer to the User;

The “Tell Me Baby Service” refers to the service being provided by Tell Me Baby through various methods which include our Websites, our Tell Me Baby Rewards Program, our mobile applications and any other lawful and unlawful access of the Tell Me Baby Services through any interface we may develop.

Eligibility and Registration

To be eligible for registration and use of the Services you must:

be at least sixteen (16) years of age;

only use the Services for their intended purpose; and

use Services legally pursuant to your state.

Confidential Information 

You may be given a unique username and password to access the Website and Tell Me Baby login area. It is your responsibility only to ensure these details are kept confidential, safe and secure. No further personal information is recorded on the Website. For more information on User information storage see the Privacy Policy on our Website.

User Personal Data

To customise and optimise your experience on Tell Me Baby, we collect and store the personal data you give to Tell Me Baby. Please read our Privacy Policy for an explanation of how we may use your information and your rights in this regard.

This information may be collected throughout the registration and login processes.

In connection with your use of the Tell Me Baby Services, we may, from time to time, send you service announcements, administrative messages and other information. You may opt out of some of those communications by emailing [email protected]

Except for your first name, last name, Tell Me Baby statistics and the contact you create, share and/or post, Tell Me Baby will keep the rest of your personal data private and will use reasonable endeavours to not share it with anyone; unless you decide to make your sensitive data (such as, but not limited to, religious beliefs or political views) public.

User’s Obligations and the Tell Me Baby Rules

We will use our reasonable endeavours to maintain Tell Me Baby as a safe, fair and informative website. All Users of the Tell Me Baby Service irrecoverably and unconditionally agree that they will not engage in any act or omission, that directly and/or indirectly constitutes or may directly and/or indirectly constitute:

a breach of any applicable laws and/or regulations;

bullying, harassment and/or intimidation of another user;

violation of our Product Review Policy (as set out below) when posting your reviews, comments, questions and answers;

posting content that is hateful, threatening, pornographic, unethical, religious, incites violence, or contains graphic and/or gratuitous violence;

posting any content that violates any intellectual property rights, including copyright, trademark and other proprietary rights;

unauthorised commercial communications, such as, but not limited to, spam;

impersonation of any person and/or organization and/or false stating an affiliation with a person and/or organization;

posting any information and/or data or accessing The Tell Me Baby Service using automated methods (such as, but not limited to, harvesting bots, robots, spiders, or scrapers) without our written permission;

using the Tell Me Baby Service in a manner contrary to the use we have authorised such as, but not limited to, interfering with the Tell Me Baby Services;

soliciting login information and/or accessing an account belonging to someone else;

registration of more than one account on the Website and/or registration of any other account if your primary account has been terminated or suspended;

use the Website in any way or take any action that could harm, disable, overburden or otherwise impair performance, availability or accessibility of the Website;

accessing the Tell Me Baby Service through a method other than the interface and the instructions that we have provided;

reproduce, download, send, sell, resell, transmit or otherwise post and/or distribute unauthorised advertising information, spam (including spamdexing), lists of e-mail addresses of other people, pyramid schemes, multilevel marketing (MLM), Internet earning systems and e-mail businesses, chain letters as well as use the Website for participation in any of the above;

conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our Website without our express written consent; and/or

distribute, on or through this Website, any advertising, promotion, solicitation for goods, services or funds.

Further, all Users agree that they will not engage in any of the following conduct:

any actions that could disable, overburden, or impair the proper working of Tell Me Baby, such as a denial of service attack; and/or

the uploading of viruses and/or other malicious code facilitating, promoting and/or encouraging any violations of our Terms.

We reserve the right to suspend or stop providing the Tell Me Baby Service to you at any time at our sole discretion if we deem in our absolute discretion that you have not complied with our Terms or policies, if we suspect you of misconduct and/or are investigating you for any suspected misconduct.

Registration and Account Security

All Users agree to and will submit to and abide the following obligations when they register and maintain an account with the Tell Me Baby Service:

users will only create an account for themselves, unless, to the extent permissible by law, they have the express written permission and authorisation to create an account on behalf of another person;

if an account is disabled, you will not create another account without our express written permission;

you will not use Tell Me Baby if you are under 16 years of age;

you will not join Tell Me Baby or provide your personal information if you are under 15 years of age and do not have the permission of your guardian/s or parent/s;

you will take reasonable measures to protect the security of your account, this includes not disclosing your password, not allowing another person to access your account, and/or taking any other actions that may directly and/or indirectly jeopardise the security of your account;

you will not transfer your account (including any page and/or application you administer) to anyone without first requesting and obtaining our written permission; and

we reserve the right to remove or reclaim any username you create if we deem, in our sole discretion, that it is inappropriate and we may invite you to create a different username.

Any actions made with your account are deemed to be carried out by you. We do not have the means to check the identities of people using the Website and will not be responsible for losses suffered by you where your password or username is used by someone else unless this is due to our negligence.

If you become aware of any unauthorised or potential unauthorised use of your password and/or account, please contact us at [email protected] Whilst we exercise reasonable endeavours to protect the security of your account, we do not accept any liability for any loss and/or damage from the unauthorised access of your account by a third party.

Product Review Policy

Our Website is an online review platform of baby products. This Website is a research tool containing useful information of baby products which parents may use to search for baby products and services, leave reviews, post questions and receive answers. We take care in providing the best customer service. We expect you to follow our Product Review Policy when you post reviews and communicate with our users.

When you submit a review on the Website, such review will come to us for approval. Reviews must be in compliance with ACCC and Competition and Consumer Act 2010 requirements. Tell Me Baby has obligations to remove fake reviews which includes fake user accounts and fake reviews. Any suspect accounts will be suspended pending further investigation. Any suspect fake reviews will not be published on the platform and not be eligible for the rewards program.

When posting reviews and otherwise communicating with users please follow these basics:

be friendly;

post your review with sufficient details about products (please include product name, model number, etc.);

be clear and use accurate grammar and spelling;

use tact and be objective when posting your review;

do not personally insult another user;

do not leave reviews in order to harass, threaten or attack anyone;

do not behave in any way that would cause annoyance or distress to other users;

do not post hateful, abusive, threatening, profane reviews;

do not post personal reprisals against companies’ owners and employees;

do not use the Website for marketing or selling to other users;

do not post third party links that are wrong or may harm our Website or other users; and/or

do not duplicate your reviews and flood in any other way.

Tell me Baby reserves the right to:

edit or delete your messages as it deems necessary;

verify whether a user who posted a review has actually used or tried the reviewed baby product or service;

ask a user to provide additional information for confirmation of a review; and/or

suspend, terminate or delete your account if we have reasonable grounds to believe that you have breached any of these restrictions.

If you become aware that someone posted a negative or fake review under your username, you should notify us at [email protected] by providing evidence to support your claim. We will review and investigate your claim. Upon investigation of your claim, we may place a notification on your listing with the fake review, refuse access to your listing and/or submit your claim to the ACCC. The ACCC has the authority to take any necessary legal actions as well as impose penalties to a person who have violated consumer protection laws.

Tell Me Baby Rewards Program 

Tell Me Baby offer all Users access to the Tell Me Baby Rewards Program as part of the Service. To qualify and join the rewards program current Users will need to have a verified account with photo identification and have completed at least ten (10) product reviews on the Website achieving one hundred (100) reward points since the date the Rewards Program started. The Rewards Program will commence on 1 October, 2016 and only points earned from then on are valid. All previous reviews will not accumulate reward points unless expressly agreed by Tell Me Baby. There is no time limit or expiry on reward points and Tell Me Baby will inform you when you have hit the following targets. Businesses, TmB Employees and TmB Contractors are not eligible for the Rewards Program. The benefits to a User joining the rewards programs include but are not limited to the collection of reward points in the Tell Me Baby reward points system.

Tell Me Baby Points System

To earn reward points Users can:

complete a product review with photos, earning fifteen (15) reward points;

complete a product review, earning ten (10) reward points.

Users are given awards when earning the following reward points:

100 rewards points (on joining) you get a AUD $20 gift card;

250 rewards points you get a AUD $50 gift card;

500 rewards points you get a AUD $100 gift card;

1000 rewards points you get a AUD $200 gift card; and at

1500 reward points you get a choice of a special reward.

Each reward can only be claimed once and each level must be achieved in order.

Users also earn the following badges and roles:

Super User who meet the requirements to join the rewards program;

Experts are mums and dads with 250+ rewards points;

Influencers who are mums and dads who help other parents make their choices by sharing blog posts and social media content with 500 points; and

VIP (Very Important Parents) who are mums and dads with 1000+ rewards points and joined the Tell Me Baby referral partner program (who may or may not be Influencers).

Users can check their rewards points balance on their user profile or by emailing  [email protected] Additional promotions may be run from time to time including but not limited to annual, seasonal and event promotions. Some of these promotions may only be exclusive to reward program members and not the general public, guests or outside users. Additional promotions and prizes should be read in conjunction with these Terms. Additional rewards points and entitlements may be awarded at any time and our sole and absolute discretion. The number of points, prizes and conditions may vary from time to time based on availability of third party goods without prior notice to reward program members. Rewards points are not transferable, exchangeable or redeemable for cash and points cannot be traded or combined with multiple reward point accounts. We reserve the right to not accept reward points that do not meet these Terms or are otherwise unlawful.

We reserve the right to alter or update the nature of the reward program at any time by communicating it through our Website. Continued use is deemed acceptance of any alterations or updates. We shall not be held liable for any loss or damage whatsoever through Users participating in the rewards program direct or otherwise or for personal injury or any other loss or damage except where permitable by law. We are not responsible for any GST or tax liabilities incurred through the use of the reward program. We shall not be held liable for any late, misleading or incorrect communication or marketing through the rewards program. We are not responsible for any third party hardware, software or infrastructure failures or problems through the use of the rewards program. In line with our existing Terms use of the reward program is governed by our Privacy Policy. Please see our Privacy Policy on our Website and for specific queries please contact us on  [email protected]

Users can also join the Tell Me Baby referral partner program. This is open to Users who are already part of the Tell Me Baby rewards program and are a Super Mum/Dad or higher. In the Tell Me Baby referral partner program User will earn dollars and discounts for every new business listed on the Website or Services.

Our Content and Intellectual Property

All content on the Tell Me Baby Service that we create or produce is subject to copyright under the Copyright Act 1968 (Cth) and is solely owned by Tell Me Baby and its affiliate businesses and/or companies. This content includes, but is not limited to, our text, information, graphics and videos.

An exception applies for personal use as you may copy, display, download, print and reproduce this material in unaltered form for your own personal or educational purposes.

Any use of any material on the Tell Me Baby Service for your commercial purposes is expressly unauthorised and prohibited. This restriction does not extend to copyright in the materials on the Tell Me Baby Service that are owned by others but accessible on the Tell Me Baby Service by way of hyperlink or reference or other means.

Apart from any use permitted under the Copyright Act 1968 (Cth), no part of any material on the Tell Me Baby Service may be reproduced, adapted, uploaded to a third party, linked to, framed, performed in public, distributed or transmitted in any form or by any process, nor may any other exclusive right be exercised, without the specific written permission of Tell Me Baby. To obtain such permission please contact [email protected] Nothing that you do on the Tell Me Baby Service will transfer or assign to you any of the copyright in our content on the Tell Me Baby Service.

Any Branding, trademarks, service marks and/or logos used on the Tell Me Baby Service unless expressly stated otherwise, are owned by Tell Me Baby and its affiliate companies and we reserve our right to register and protect such trade mark in various jurisdictions (unless already done so).

User Content

By submitting, posting or displaying your review or any other content (“Content”) on the Website, you grant us a worldwide license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes), communicate, publish, publicly perform, publicly display and distribute such Content. This license continues even if you stop using our Website. Make sure you have the necessary rights to grant us this license for any Content that you submit to our Website.

You agree that this license includes the right for Tell Me Baby to make your Content available to others for the publication, distribution, syndication, or broadcast of such Content on other media and services, subject to our terms and conditions for such Content use.

When you create an account with Tell Me Baby, you warrant that in regards to the content you submit through your profile that this content will not expose Tell Me Baby to any civil or criminal liability in this regard;

by posting any User Content to the Tell Me Baby website, the User agrees to indemnify Tell Me Baby (including, but not limited to, their employees and officers) from any loss suffered by them as a result of any lawful use of or reliance on such User Content;

Tell Me Baby has no responsibility and/or liability for the deletion and/or failure to store any User Content, communications or other content maintained or transmitted on the Website;

Tell Me Baby has the right to log off accounts that are inactive for an extended period of time (as determined by Tell Me Baby in their sole discretion);

and you agree to indemnify Tell Me Baby for any breach of the above warranties.

User breach of the Terms

If you violate the letter or spirit of these Terms, or otherwise create risk and/or possible legal exposure for us, we reserve our right to suspend the delivery of the Tell Me Baby Services in all or part of Tell Me Baby to you. We will notify you by email or at the next time you attempt to access your account. We may also delete your account. In all such cases, our agreement will come to an end.

Should we disregard or ignore any breach by you of our terms or fail or delay in strictly enforcing our rights under these Terms, such action does not constitute a waiver of our rights and we reserve our rights in this regard.

Third Party rights, information and content

This Website may contain links to sites operated by parties other than Tell Me Baby. Such links are provided for your reference only and shall not be construed to imply, an affiliation, sponsorship, endorsement, approval, investigation, verification or monitoring by Tell Me Baby of any information, materials, products or services contained in third party websites. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites.

Tell Me Baby has a policy of respecting the rights of other people and we expect our users to abide by this policy. Users accept and agree that they will not infringe upon third party rights by:

posting content and/or taking any action on the Tell Me Baby Service that infringes and/or violates someone else’s rights or otherwise violates the law; and/or

using content on the Tell Me Baby Service that belongs to another party unless you obtain permission from its owner or are otherwise permitted by law.

The Tell Me Baby Service may display content that it does not own, and where this is the case this content is the sole responsibility of the entity that makes it available.

Third Party Commissions and Full Disclosure 

This Website may contain links to sites operated by parties other than Tell Me Baby. Such links and activities may lead to third party commissions being paid to Tell Me Baby. Levels of commissions may vary due to but not limited to products, volume and advertising. These commissions received are not rebated and we do not rebate or pass on commissions directly to you or other Users or guests. We may have a financial interest in the outcome or success of products offered or made available to you via https://www.investsmart.com.au/ the Website, or that are otherwise offered or made available to you by or on behalf of us. Tell Me Baby believe in transparency and full disclosure. If you believe you need further information please contact [email protected]

No Warranty, Limitation of Liability

Use of the Website is at the User’s own risk. To the extent permissible by law, Tell Me Baby does not make any, and excludes all express or implied warranties, representations, statements, terms and conditions relating to your use of the Tell Me Baby Service or any information and/or content available on or from the Website.

To the extent permitted by law, the total liability of Tell Me Baby and its suppliers and distributors for any claims under these Terms, including for any implied warranties, is limited to the amount that you paid us to use the Tell Me Baby Service.

To the extent permitted by law, Tell Me Baby and its employees, agents and consultants exclude all liability for any loss or damage (including but not limited to indirect, special or consequential loss or damage) arising from the use of, or reliance on, any information on the Tell Me Baby Service, whether or not caused by any negligent act and/or omission. If any law prohibits the exclusion of such liability, Tell Me Baby limits its liability to the extent permitted by law, to the resupply of the Information.

Limitation of Liability

To the maximum extent permitted by law, you agree to indemnify us and protect us from any loss or damage suffered by you from any use by you of the Tell Me Baby Service, to include loss or corruption of personal information or data.

We are not in any way responsible to you or any person for any loss suffered in connection with the use of the Tell Me Baby Service or any of the content of the Tell Me Baby Service for personal, business or other use. Tell Me Baby shall not be liable for any damages including but not limited to incidental, special, consequential or punitive damages or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, good-will, or other intangible losses, resulting from:

the User’s access to or use of or inability to access or use the Tell Me Baby Service;

any conduct or content of any third party linked to the Tell Me Baby Service including without limitation, any defamatory, offensive or illegal conduct of other users or third parties; or

unauthorised access, use or alteration of your transmissions or content.

Should any liability arise, in no event shall Tell Me Baby aggregate liability for all claims relating to use of the Tell Me Baby Service exceed ten Australian Dollars (AUD $10.00).

If any guarantee is implied by statute and cannot be excluded, and Tell Me Baby is able to limit your remedy for a breach of such a guarantee, then, to the extent permissible by law, the liability of Tell Me Baby for breach of the condition or warranty is limited to one or more of the following at the Tell Me Baby’ option:

in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired; or

in the case of services, the supplying of the services again, or the payment of the cost of having the services supplied again;

subject of course to the Tell Me Baby obligations under the implied guarantees referred to in the paragraph above subject matter, whether in contract, tort (including without limitation negligence), in equity, under statute, under an indemnity or on any other basis.

Applicable Law /Jurisdiction

The Tell Me Baby Service (excluding any linked third party sites or services) is owned and controlled by Tell Me Baby from its offices in New South Wales. The Tell Me Baby Service and its Website is hosted on a server and is governed by the laws in the State of New South Wales, Australia. By accessing the Tell Me Baby Service, you accept that any disputes about the Tell Me Baby Service or its contents are to be determined by the courts having jurisdiction in New South Wales in accordance with the laws in force in New South Wales (except any principle of conflict of laws inconsistent with this requirement). The Tell Me Baby Service may be accessed throughout Australia and overseas. Tell Me Baby makes no representation that the Tell Me Baby Service complies with laws (including intellectual property laws) of any country outside Australia. If you are accessing the Tell Me Baby Service outside of Australia, you do so accepting that you are responsible for ensuring compliance with all laws and regulations in the place where you are located and that you are responsible for any breaches of law that occur. The terms of this document apply notwithstanding any other material, terms or conditions elsewhere on the Tell Me Baby Service.

You accept that this agreement for the Tell Me Baby Services is personal to you and you agree not to transfer it to anyone else, or to try to do so. However, we may take instructions from a person whom we, in our absolute discretion, think, with good reason, is acting with your permission. We can transfer this agreement for the Tell Me Baby Services to another company or entity provided this does not adversely affect your rights under the agreement.

After these Terms come to an end, the provisions of this agreement, which by their nature extend beyond the termination, will survive termination of the agreement or termination of your use or access to all or any portion of our Website.

No third party is entitled to enforce any term under this agreement under any applicable source of contract law.

Severability

Nothing in these Terms excludes, restricts and/or modifies any guarantee, right or remedy implied or imposed by any statute or regulation which cannot lawfully be excluded, restricted or modified, which may include statutory consumer guarantees implied by statute which operate to protect the purchasers of goods and services in various circumstances. To the extent that any clause or provision of these terms and conditions is adjudged by a court of law to be invalid, the remaining terms and conditions shall remain in full force and effect.

Entire Agreement

These Terms make up the entire agreement between the parties regarding the Tell Me Baby Service, and supersedes any prior agreements.

Matters beyond our reasonable control

There may be instances where we may not be able to perform certain or all obligations that we have agreed to in these Terms because of something beyond our reasonable control, which may include but is not limited to, events that constitute a force majeure which may include: lightning, flood, severe weather, fire, explosion, terrorist activities, anything done by a government body or other competent authority, industrial disputes, technical difficulties, power outages, hardware difficulties, software difficulties or other acts, events or omissions that affect our capacity to perform certain or all obligations that we have agreed to in these Terms. There may be other reasons too, not expressly set out here. In these cases, you irrevocably and unconditionally agree that we do not accept responsibility or liability for not providing you with the Tell Me Baby Services or for breaching our obligations.

Ending the Service

You can terminate the use of the Tell Me Baby Services at any time, although we will be disappointed by your departure.

If you wish to stop using the Services, you may delete or suspend your account by accessing tellmebaby.com.au/profile/. Please see our Privacy Policy to read more about deleting your account.

In addition to our other rights, we may also stop providing the Tell Me Baby Services to you or add or create new limits to the Tell Me Baby Services by giving you seven (7) days’ written notice. If we deem that you have breached any of our Terms, and we consider, in our absolute discretion, such a breach to be significant, we may terminate the Tell Me Baby Service to you immediately without any requirement to provide you with notice of such termination.

We believe that you own your data, and preserving your access to such data is important. If we discontinue a Service, where reasonably possible, we may (but are not obliged to) give you reasonable notice and a chance to remove information from that Service.

Updating the Tell Me Baby Service

Users acknowledge that Tell Me Baby may, in their absolute discretion and without penalty or notice:

vary the Website or any part of the Website;

vary, update, amend, add and/or delete any content regarding our Terms; and/or

modify and/or discontinue this Website, any part of the Website and the services available on it.

Tell Me Baby reserves the right to update, amend, add and/or delete any content regarding any terms and conditions on the Tell Me Baby Service at any time. We may make any changes to take into account changes in the Tell Me Baby Services, the law or to deal with any perceived deficiencies in our Terms. Where we update our Terms, we do not have any obligation to inform, notify and/or advertise Users of such changes. However, as a matter of best practice we may (but are not obliged to) give you notice by posting the change on the Tell Me Baby Service or contacting you by email. Where we consider a change may cause you a material disadvantage, we may (but are not obliged to) exercise reasonable endeavours to provide you with reasonable notice.

Users are deemed to have accepted all such revisions by accessing any part of the Website or continuing to access it after that revision is posted on the Website. Any changes to our Terms are deemed to be effective immediately after posting.

If you do not agree to any changes, you should discontinue your use of the Tell Me Baby Services. Refer to Ending the Service above for more information about how to delete your account.

Intellectual property of third parties

Branding, trademarks, service marks and logos used in the Tell Me Baby Services may belong to third parties. These Terms do not grant you the right to use them. Using the Tell Me Baby Services does not give you ownership of any intellectual property rights in the Tell Me Baby Services or the content that you access that belongs to third parties.

If you think that a user on Tell Me Baby is violating your copyright and want to notify us, please send an email to us at [email protected]

Our rights when we provide the Tell Me Baby Service

We are constantly changing and improving the Tell Me Baby Services. We may add and/or remove functionalities and/or features and we may suspend and/or stop a Service altogether.

We reserve the right to:

interrupt and/or suspend the Tell Me Baby Service when we deem necessary. Where this occurs we will use our best endeavours to restore the Tell Me Baby Service as soon as reasonably practical; and/or

make changes to certain technical specifications and/or product features at our discretion.

Our right to monitor and delete content

The Tell Me Baby Service contains material uploaded, posted, e-mailed or otherwise electronically transmitted or posted by you as a User of the Website and this User Content may include Personal Information. Tell Me Baby may not always monitor or exercise editorial control over User Content; however, the Tell Me Baby reserves the right:

to access or examine any User Content; and

at their absolute discretion, to move, remove, permanently delete or disable access to User Content which is in breach of any law or considered by Tell Me Baby to be otherwise unacceptable.

Our Disclaimers

Access to the Tell Me Baby Service

Tell Me Baby makes no warranty or guarantee in respect of the Tell Me Baby Service, including that it will be virus free or that access to the Tell Me Baby Service will be uninterrupted.

Material generated by Tell Me Baby

The Tell Me Baby Service may contain information, data, documents, pages and images (“the material”) prepared by Tell Me Baby or generated by Users. Tell Me Baby has exercised its reasonable efforts with respect to material it has prepared, including with respect to the compiling of the information on the Tell Me Baby Service, in the hope that the information is correct, current and complete but takes no responsibility whatsoever, directly and/or indirectly, for any act, error, omission and/or defect therein. Furthermore, Tell Me Baby makes no warranties whatsoever, directly and/or indirectly, as to the accuracy, completeness, reliability, availability, timeliness or fitness for purpose of any of the information provided on the Tell Me Baby Service that it has prepared.

Material generated by Users

The information on the Tell Me Baby Service may also contain material submitted by other parties which may constitute a review, endorsement or approval. Tell Me Baby does not warrant that any such information is approved, supported or endorsed by Tell Me Baby and such information is not necessarily a reflection of any policies, procedures, standards or guidelines of Tell Me Baby.

In particular, Tell Me Baby does not warrant or express that it shares any of the views, opinions, thoughts, beliefs or otherwise which have been posted by its users. Tell Me Baby expressly disclaims that none of the content on the Tell Me Baby Service, under any circumstances, is intended to be, and does not, in any way constitute any form of professional, career or other advice. The material and/or wording on the Tell Me Baby Service must not, in any way, be relied on as professional, career or other advice.

The Tell Me Baby Service may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Tell Me Baby. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third party website, service, or content from our website, you do so at your own risk and you agree that Tell Me Baby will have no liability arising from your use of or access to any third-party website, service, or content.

Feedback

If you have a problem or complaint about Tell Me Baby or its users, you may contact us by emailing [email protected]

When we need to contact you for important or administrative issues, we will use your email address. If Users have any queries, suggestions or comments or believe any content on the Tell Me Baby Service is incorrect they can be directed privately to the administrator at [email protected]

 

Community Buying Terms & Conditions

User agreement

This agreement is between you and Tell Me Media Pty Ltd (ABN 25 155 148 093) (referred to in this document as “Tell Me Baby”, “us” or “we”).
By visiting and/or using the Tell Me Baby website (the “Website”) you agree to be bound by the terms of this agreement (“agreement”).
We may modify our terms and conditions without notice at any time where such amendment does not substantially effect your rights and obligations. If such changes of our terms and conditions substantially effect your rights and obligations we will notify you by email with these changes as they occur.

Registration

To purchase deals (and access reward member other features of the Website), you need to be a registered member.
When registering to become a member, you must provide Personal Information (as this term is defined in the Privacy Act 1988 (Cth)) including your first and last name, and a valid email address. You agree to provide accurate and complete information and to keep this information current. Your information is stored securely, and will only be used and disclosed in accordance with our Privacy Policy (which can be accessed here: https://tellmebaby.com.au/privacy-policy/
You are solely responsible for the activity that occurs on your account, and you must keep your account password secure.

If you suspect or become aware of any unauthorised use of your account or that your password is no longer secure, you should notify us immediately ([email protected]). We are not liable for any unauthorised use of your account.

Capacity

By making a purchase through the Website you warrant that you are over 18.

Website changes

We reserve the right to change, alter, vary or amend the Website at any time.
We may in our sole discretion terminate your account or restrict your access to the Website. If we do this, you may be prevented from accessing all or parts of the Website, your account details, or other content contained in your account. In the event that this occurs you will still be entitled to access those deals that you had previously purchased through the Website.

Disclaimer

For orders on Tell Me Baby, the prices that are listed at the time of your order on the product page apply. The prices are final prices inclusive of GST (where relevant) and all other price components excluding shipping costs (unless Free Shipping is specified). The shipping costs will be indicated on the product page and are determined mainly by the size and weight of the goods and shipping method you choose.

Faulty products

The Australian Consumer Law (“Law”) which forms part of the Competition and Consumer Act 2010 (Cth) implies into consumer contracts certain statutory conditions and warranties that cannot be excluded, restricted or modified. These are in addition to any voluntary warranties offered by the manufacturer or supplier. Where there is a breach of such a warranty relating to goods or services, and the breach is in terms of the Law, a “major” failure, then the remedy will be limited to (in the case of goods) a refund, repair or replacement (subject to availability) at your election and (in the case of services) the re-supply of the services or a refund, at your election.

To the extent allowed by law, we exclude all liability to you or anyone else for loss or damage of any kind (however caused or arising) relating in any way to the content of the Website including, but not limited to, loss or damage you might suffer as a result of:
• errors, mistakes or inaccuracies on the Website;
• you acting, or failing to act, on any information contained on or referred to on the Website and/or any linked website;
• any interruption or cessation of transmission to or from the Website;
• any bugs, viruses, Trojans or other malevolent code or communications which may be transmitted to or through our website by any third party; and/or
• the merchantability or fitness for any purpose of any good or service of any linked sites;

Use of Website by you

You agree not to access (or attempt to access) any part of the Website by any means other than through the interface provided by us.
You agree that you will not engage in any activity that interferes with or disrupts the website or the servers and networks that host the Website. You may not use data mining, robots, screen scraping or similar data gathering and extraction tools on the Website except with our prior written consent.
You agree not to, or attempt to, circumvent, disable or otherwise interfere with security-related features of the website or features that prevent or restrict use or copying of any content or enforce limitations on the use of the website or the content therein.
You agree not to use, copy, distribute or commercialise content except as permitted by this agreement, by law or with our prior written consent.
You understand and agree that any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities.
We reserve the right to cancel your registration at any time, subject to our complete discretion. In the event that you have previously purchased a deal or deals, we will email you a copy of any deals prior to cancelling registration. In the event of cancellation of registration, our decision is final and binding.

Information on this Website

Information about goods and services on the Website is based on material provided by third party businesses (“merchants”). We do our best to verify the information provided to us by merchants but we cannot guarantee its accuracy.
You understand and agree that we cannot be held responsible for errors or omissions caused by incorrect or inadequate information supplied to us or by merchants.
You agree to make your own enquiries to verify information provided and to assess the suitability of products before you purchase.

Orders

Orders placed by you are offers to purchase a deal for a particular product under the terms and conditions in this agreement together with any supplier-specific terms and conditions at the price specified (including delivery and other charges).
We reserve the right to accept or reject your order for any reason (or no reason) at any time after that order has been made, including, but not limited to, the unavailability of any product or service, an error in the price or product or service description, or an error in your order. If we cancel your order, we will provide a full refund of any payment received.
Once placed, you cannot cancel your order.

Price

The prices of products, delivery and other charges shown are in Australian dollars and include GST (where applicable).
Prices of products and services are current at time of display but are subject to change.

Payment

All payments must be received in full prior to a deal or purchase confirmation being issued.
If your payment is not received or declined by your bank or credit card issuer, we cannot ‘hold’ deals on your behalf.

Deal redemption / Supply of product

The deal you purchase is redeemable for the specified product from the relevant merchant. The relevant merchant, not tellmebaby.com.au, is the seller of the product and is solely responsible for honouring the deal you purchase.
Whilst we try (as much as possible) to ensure that we only promote those merchants who we feel will provide good service to you, we make no guarantee, warranty or representation regarding the standard of any product to be provided.
Deals cannot be exchanged or redeemed for cash.
Unless specifically stated otherwise, deals cannot be combined with any other gift certificates, deals or promotions.
We are not responsible for lost or stolen deals or fraudulent use of the deal’s unique reference number.
For deals that relate to products provided by merchants, you may be required to pick up or collect the relevant product from a specified location or to pay a fee to have the product delivered to your specified address.

IMPORTANT INFORMATION RELATING TO HEALTH OR NUTRITIONAL PRODUCTS

NOTHING CONTAINED ON THIS WEBSITE IS INTENDED TO BE OR SHOULD BE TAKEN FOR MEDICAL DIAGNOSIS OR TREATMENT.

  1. The information and statements provided on this [Website] with respect to any health or nutritional product that we retail from time to time is not intended to diagnose, treat, cure, or prevent any disease. Such information and statement with respect to any product is for general knowledge only and should not be relied upon.
  2. Medical advice is required for any health or nutritional related treatment or condition and for dosages of the pharmaceutical product supplied via this Website.
  3. You take full and total responsibility for what you do with this information and any resulting outcomes from your actions.
  4. All information contained on this Website is not intended nor is it implied to be a substitute for professional medical advice or any information contained on or in any product packaging or labels.
  5. Always seek the advice of your Pharmacist or General Practitioner when making decisions concerning starting any new medical treatment, continuing with medical treatment or with any questions you may have regarding any health or nutritional related treatment or condition.

Refunds

Tell Me Baby will only refund deals in accordance with its Refunds Policy.

Complaints or problems

We have no liability (including for loss or damage) for any act, omission or default, whether negligent or otherwise of any merchant.
If you wish to make a complaint in respect of a merchant, you must email that complaint to [email protected].
Notwithstanding the nature of the complaint, Refunds will only be provided in accordance with our Refunds Policy.

Liability

All information, such as comments, messages, text, files, images, photos, video, sounds and other materials (“content”) posted on, transmitted through or linked from the website are the sole responsibility of the person from whom such content originated.
You understand that we do not control and are not responsible for content made available through the website unless it originates from us. Consequently, by using the website you may, contrary to this agreement and our intentions, be exposed to content that you find offensive, indecent, inaccurate, misleading or otherwise objectionable. You use the website at your own risk.

Links to third party websites

The Website may include links to other websites, content or resources. These linked websites, content or resources may be operated by third parties and we may have no responsibility or control over them.
The existence of these links does not imply that we endorse the linked website, content or resource. You acknowledge that we have not reviewed any of these third party websites, content or resources and we are not responsible for the material contained therein.

Intellectual property

We reserve all intellectual property rights, including but not limited to, copyright in material and/or services provided by us. Nothing in the agreement gives you a right to use any of our marketing material, business names, trademarks, logos, domain names or other distinctive brand features.
Other trademarks used on the Website that belong to third parties are used with their consent and remain the intellectual property of that party.
If you correspond or otherwise communicate with us, you automatically grant to us an irrevocable, perpetual, non-exclusive, royalty-free, world-wide license to use, copy, display and distribute the content of your correspondence or communication and to prepare derivative works of the content or incorporate the content into other works in order to publish and promote such content. This may include, but is not limited to, publishing testimonials on the Website and developing your ideas and suggestions for improved products or services we provide.

Change of Control

Subject to relevant laws, if we merge, sell or otherwise change control of our business or this Website, we reserve the right, without giving notice or seeking consent, to transfer or assign your Personal Information, content and rights that we have collected from you and any agreements we have made with you.

Indemnity

You will at all times indemnify, and keep indemnified, us and our directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses on a full indemnity basis) or liability incurred or suffered by you or by us arising from any claim, demand, suit, action or proceeding by any person against you or us where such loss or liability arose out of, in connection with or in respect of your conduct or breach of this agreement.

Communication by us

As a condition of registering for tellmebaby.com.au, you consent to us sending you Administrative Emails and Promotional Emails. In this document:
• ‘Administrative Emails’ involve details of account activity and purchases you have made.
• ‘Promotional Emails’ consist of product information and new offers. You may choose to opt-out receiving promotional emails anytime by simply clicking the unsubscribe button at the bottom of our emails. More details about these emails can be found in our Privacy Policy.

Merchant Terms & Conditions

Any Terms and Conditions of the specific merchant will always apply in addition to any specific terms of the Deal stated by Tell Me Baby.

Merchant Fulfilment & After Sales Service

Unless otherwise stated orders will be delivered to you by the Merchant. Orders estimated delivery time is 5-7 days following the deal being completed. For any changes to shipping details provided or issues upon delivery, please notify the merchant brand directly or email [email protected] and we can follow up with the merchant on your behalf.

For any after sales service e.g. issues with product, delivery, warranty, you should contact the brand directly or email [email protected] and we can follow up with the merchant on your behalf.

Governing Law

This agreement will be governed by and interpreted in accordance with the laws of New South Wales. You irrevocably submit to the exclusive jurisdiction of the courts of the State of New South Wales.

Identification Requirements

We may restrict sales quantities to each member to normal household quantities in order to enable all of our members to have a chance of purchasing the products they desire.

In an effort to prevent fraudulent use of credit cards or other payment options, we will make reasonable efforts to validate the legitimacy of the order and/or the cardholder’s identity, which may include requesting proof of identity. However, we do not guarantee that we can prevent the fraudulent use of such information by unauthorised third parties. In instances of high value orders being placed and/or where we suspect your card may be at risk of fraudulent use, we will follow internal company procedures to confirm the order is bona fide. Where we cannot reasonably rule out fraudulent card use prior to processing your order, we may decide to cancel the order (notifying you via email).

 

Community Buying Refund Policy

Introduction

Tellmebaby.com.au Pty Limited (“Tell Me Baby” or “We”) try to ensure that we only promote offers that our Members will enjoy. We understand, however, that occasionally, this is not always the case. This Policy sets out the circumstances in which Tell Me Baby may provide refunds to our Members (“Member” or “you”) in respect of a specific Deal.

Automatic Refunds

Tell Me Baby will provide an automatic refund where:
• the deal is not completed in specified timeframe e.g. minimum number of deals are not purchased in the specific time period;
• we are required by law to do so;
• we have made a mistake in advertising a Deal that fundamentally misstates the product or service that is the subject of the Deal;
• prior to the redemption of the deal during the Deal Redemption Period, the provider of the Deal ceases trading or ceases to provide the goods or services the subject of the Deal.

Circumstances that DO NOT qualify for Refunds

The following circumstances DO NOT qualify for refunds:
• where you have first contacted Tell Me Baby after the conclusion of the deal validity period. All refund requests must be submitted in writing while the offer period is still on foot;
• where you have failed to read the Specific Terms and Conditions of the Deal (located under ‘The Fine Print’ section on our Website on the day of the Deal), and the General Terms and Conditions (https://tellmebaby.com.au/terms-conditions/); or
• if you change your mind after you have purchased a Deal (for whatever reason);
• if you are unable to obtain your preferred time to experience the Deal; or
• if, after you have used a restaurant Deal, you were not satisfied with the meal;
• if you lose or misplace your deal; or
• if the business on behalf of whom we are advertising the Deal does not honour the terms of the Deal because you have failed to present the deal on redemption; or
• if you cannot redeem the Deal prior to the end of the Deal Redemption Period due to travel commitments; or
• if you cancel a scheduled appointment such that the cancellation voids the deal in accordance with the business’ cancellation policy (for example, if you don’t ‘show up’ for a scheduled appointment, or cancel an appointment without providing the notice period as provided by the relevant cancellation policy); or
• if you if you have had a dispute with the business on behalf of whom we are advertising the Deal; or
• if you are late for your booking, and the business decides to cancel your deal; or
• if the Deal experience did not meet your general expectations (for whatever reason);
• if the Business does not have availability to redeem your deal because you have not attempted to make a booking within a reasonable period of time (as determined by Tell Me Baby) from the Deal Expiry Date.

Accidental Purchases

Any accidental deal purchases will incur a processing fee.

Submitting a request for a Refund

A request for a refund must be submitted via the form located on the `Contact Us` page of the Tell Me Baby Website. All Members requesting a refund will be required to provide full particulars as to why they are not satisfied with the quality of the goods and services that are the subject of a Deal.

Tell Me Baby will verify

Tell Me Baby will verify the validity and veracity of some or all of the particulars of a request for refund by consulting with the relevant merchant responsible for fulfilling the offer. Tell Me Baby may also ask you (by phone or email) to provide additional information in relation to the refund request.

Tell Me Baby may refuse request

In circumstances where we believe that a request for a refund does not fall within the scope of this Policy, is misleading, incorrect and/or deceptive or is otherwise invalid, Tell Me Baby may, in its absolute discretion, refuse a refund request. Tell Me Baby is under no obligation to provide you with reasons as to why your request has been refused. Please note, any fraudulent refund requests will be immediately referred to the relevant authorities.

Refund to Credit Card

The refund will be credited to the Credit Card account or PayPal account used to purchase the Deal. Any refund provided by Tell Me Baby is in no way an admission of liability by or on behalf of Tell Me Baby or the admission of any other fact in connection with any act or omission which led to the request for a refund being submitted by the Member.

Change to Policy

Tell Me Baby may change this Policy at any time at our absolute discretion by posting the revised policy on this Website. It is your responsibility to review the terms of this Policy regularly. Your continued receipt of our daily emails will constitute acceptance and acknowledgment of the terms of this Policy.

Contact information

Any feedback or questions regarding this Policy should be emailed to [email protected].