BumpIntoMums Terms and Conditions

Welcome to BumpIntoMums! We a guide to find fun places for you and your bump (or Bubs). We try to help expecting mums right through to Toddler aged kids. We are super proud to have been helping mums since 2013!

Our Content is not comprehensive and is for general information purposes only. Our Content, and any other information provided through the Platform is intended to assist you to locate suitable activities for you and/or your pre-toddler. It does not take into account your specific needs, including health needs, objectives or circumstances, and is not specialist advice. While we use reasonable attempts to ensure the accuracy and completeness of Our Content, to the extent permitted by law, we make no representation or warranty regarding Our Content. Our Content is subject to change without notice. We do not undertake to keep our Platform up-to-date and we are not liable if any of Our Content is inaccurate or out-of-date.

Neither we nor our personnel are medical practitioners, and do not give medical advice, treatment or diagnoses. You acknowledge and agree that nothing in the Platform or in the Services we provide may be taken to be medical advice, treatment or a diagnosis by us or our representatives nor are they intended to be a substitute for consulting a medical practitioner for your particular circumstances and needs. We encourage you to seek appropriate medical advice before using the Platform. If you have a medical emergency, please call 000 or contact your doctor without delay.

Introduction

• These terms and conditions (Terms) are entered into between Boobobutt Pty Ltd ACN 652 031 831 (we, us or our) and you, together the Parties an each a Party.
• We provide a platform where you can find classes, activities and events available in Australia for your pre-toddler and/or as a mum to be. (Platform).
• In these Terms, you means the person or entity registered with us as an Account holder or where you do not have an Account, the person or entity using the Platform.

Acceptance and Platform Licence

• You accept these Terms by registering an Account on the Platform or using the Platform.
• You must be at least 16 years old to use the Platform.
• We may amend these Terms at any time, by providing written notice to you. By clicking “I accept” or continuing to use the Platform after the notice or 30 days after notification (whichever date is earlier), you agree to the amended Terms. If you do not agree to the amendment and it adversely affects your rights, you may cancel your Account in accordance with the “Cancellation of Accounts” clause.
• Subject to your compliance with these Terms, we grant you a personal, non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Platform in accordance with these Terms. All other uses are prohibited without our prior written consent.
• When using the Platform, you must not do or attempt to do anything that is unlawful or inappropriate, including:
  • anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual’s consent) or any other legal rights;
  • using the Platform to defame, harass, threaten, menace or offend any person, including using the Platform to send unsolicited electronic messages;
  • tampering with or modifying the Platform (including by transmitting viruses and using trojan horses);
  • using data mining, robots, screen scraping or similar data gathering and extraction tools on the Platform; or
  • facilitating or assisting a third party to do any of the above acts.

BumpIntoMums Services

• In consideration for your obligations under these Terms, we agree to provide you with access to the Platform and any other services we agree to provide as set out in your Account.
• Should you be unable to access the Platform, or should you have any other questions or issues impacting on your use and enjoyment of the Platform, you must place a request via email. We will endeavour to respond to any support requests in a reasonable period.
• You acknowledge and agree that the Platform may be reliant on, or interface with third party systems that are not provided by us (for example, cloud storage providers, CRM systems, and internet providers (Third Party Services). To the maximum extent permitted by law, we shall have no Liability for any Third Party Services, or any unavailability of the Platform due to a failure of the Third Party Services.
• You acknowledge and agree that data loss is an unavoidable risk when using any software. To the extent you input any data into the Platform, you agree to maintain a backup copy of any data you input into the Platform.
• To the maximum extent permitted by law, we shall have no Liability to you for any loss or corruption of data, or any scheduled or emergency maintenance that causes the Platform to be unavailable.
• Accounts
• You may register on the Platform and create an account (Account) to access the Platform’s features.
• You must provide basic information when registering for an Account including your contact name and email address and you must choose a username and password.
• You may also register for an Account using your Facebook, Google or other social media network account (Social Media Account). If you sign in to your Account using your Social Media Account, you authorise us to access certain information on your Social Media Account including but not limited to your current profile photo and other basic information.
• All personal information you provide to us will be treated in accordance with our Privacy Policy.
• You agree to provide and maintain up to date information in your Account and to not share your Account password with any other person. Your Account is personal and you must not transfer or provide it to others.
• You are responsible for keeping your Account details and your username and password confidential and you will be liable for all activity on your Account, including purchases made using your Account details. You agree to immediately notify us of any unauthorised use of your Account.

User Content

• We may allow you to (1) post, upload, publish, send or receive relevant content and information (User Content) on or through our Platform.
• You must not provide any User Content that promotes intolerance, racism, illegal behaviour or contains defamatory content. You agree that we have the right to amend, remove or delete any User Content provided to us and without notice to you. We reserve the right to ban you from posting the User Content and may (at our discretion) suspend your Account if we have to ban multiple User Content from you.
• You grant us a non-exclusive, perpetual, irrevocable, worldwide, royalty free, sublicensable and transferable right and licence to use, view, distribute, communicate, copy, store, modify and exploit in any manner the User Content to provide the Platform and promote the Platform in any media or promotional material or any third party sites.
• You agree that you are solely responsible for all User Content that you make available on or through our Platform. You represent and warrant that (1) you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content as contemplated by these Terms; and (2) neither the User Content nor the posting, uploading, publication, sending or receiving  of the User Content or our use of the User Content on, through or by means of our Platform will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
• Despite anything to the contrary, to the maximum extent permitted by law, you agree to indemnify us and hold us harmless in respect of any Liability that we may suffer, incur or otherwise become liable for, arising from or in connection with the User Content you make available on or through the Platform, including as a result of a breach by you of any intellectual property rights (or any breaches of third party rights including any intellectual property rights of third parties).

Our Intellectual Property and Our Content

• You acknowledge and agree that any Intellectual Property or content and information (including copyright and trademarks) available on the Platform (Our Content), the Platform itself, and any algorithms or machine learning models used on the Platform (collectively, Our Intellectual Property) will at all times vest, or remain vested, in us.
• We authorise you to use Our Intellectual Property solely for your personal use. You must not exploit Our Intellectual Property for any other purpose, nor allow, aid or facilitate such use by any third party. You may only access Our Intellectual Property on your personal device, and you may not use Our Intellectual Property for any commercial purpose.
• You must not, without our prior written consent:
  • copy, in whole or in part, any of Our Intellectual Property;
  • reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any of Our Intellectual Property to any third party; or
  • breach any intellectual property rights connected with the Platform, including (without limitation) altering or modifying any of Our Intellectual Property, downloading Our Intellectual Property, causing any of Our Intellectual Property to be framed or embedded in another website, or creating derivative works from any of Our Intellectual Property.
• Nothing in the above clause restricts your ability to publish, post or repost Our Intellectual Property on your social media page or blog, provided that:
  • you do not assert that you are the owner of Our Intellectual Property;
  • unless explicitly agreed by us in writing, you do not assert that you are endorsed or approved by us;
  • you do not damage or take advantage of our reputation, including in a manner that is illegal, unfair, misleading or deceptive; and
  • you comply with all other terms of these Terms.

Warranties

• You represent, warrant and agree that:
  • you will not use our Platform, including Our Intellectual Property, in any way that competes with our business;
  • you will create and share User Content in accordance with our reasonable instructions and community guidelines as set out below in Appendix A;
  • you will comply with our reasonable instructions and community guidelines as set out below in Appendix A;
  • you will use reasonable endeavours to report any User Content that promotes intolerance, racism, illegal behaviour or contains defamatory content in accordance with clause 8;
  • there are no legal restrictions preventing you from entering into these Terms; and
  • all information and documentation that you provide to us in connection with these Terms is true, correct and complete.

Self-Reporting

• If you identify any User Content that is in breach of our community guidelines and/or promotes intolerance, racism, illegal behaviour or contains defamatory content on our Platform, you can report it by sending an email to us at bumpintomums@boobobutt.com.au.
• You can choose to include in the email information such as when the alleged offensive User Content was posted, a description of what was said and a screenshot of the original User Content where applicable.
• You will report User Content promptly to us in accordance with this clause.

Australian Consumer Law

• Certain legislation, including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth), and similar consumer protection laws and regulations, may confer you with rights, warranties, guarantees and remedies relating to the provision of the Platform by us to you which cannot be excluded, restricted or modified (Consumer Law Rights).
• If the ACL applies to you as a consumer, nothing in these Terms excludes your Consumer Law Rights as a consumer under the ACL. You agree that our Liability for the Platform provided to an entity defined as a consumer under the ACL is governed solely by the ACL and these Terms.
• Subject to your Consumer Law Rights, we exclude all express and implied warranties, and all material, work and services (including the Platform) are provided to you without warranties of any kind, either express or implied, whether in statute, at law or on any other basis.

Liability

• Despite anything to the contrary, to the maximum extent permitted by law:
  • neither Party will be liable for Consequential Loss;
  • each Party’s liability for any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the acts or omissions of the other Party or any of that Party’s personnel, including any failure by that Party to mitigate its losses; and
  • our aggregate liability for any Liability arising from or in connection with these Terms will be limited to $500.

Cancellation

• Cancellation of Account: If you have registered for an Account, you may request to cancel your Account at any time by notifying us via the ‘cancel my account’ feature in your Account.
• We may cancel your Account at any time by giving 30 days’ written notice to you (Cancellation for Convenience).
• An Account will cancelled immediately upon written notice by a Party (Non-Defaulting Party) if:
  • the other Party (Defaulting Party) breaches a material term of these Terms and that breach has not been remedied within 10 Business Days of the Defaulting Party being notified of the breach by the Non-Defaulting Party; or
  • the Defaulting Party is unable to pay its debts as they fall due.
• Should we suspect that you are in breach of these Terms, we may suspend your access to the Platform while we investigate the suspected breach.
• Upon cancellation of your Account, your Account will be deleted.
• Cancellation of an Account will not affect any rights or liabilities that a Party has accrued under these Terms.

General

• Assignment: Subject to the below clause, a Party must not assign or deal with the whole or any part of its rights or obligations under these Terms without the prior written consent of the other Party (such consent is not to be unreasonably withheld).
• Assignment of Debt: You agree that we may assign or transfer any debt owed by you to us, arising under or in connection with these Terms, to a debt collector, debt collection agency, or other third party.
• Disputes: A Party may not commence court proceedings relating to a dispute without first meeting with the other Party to seek (in good faith) to resolve the dispute, failing which the Parties agree to engage a mediator to attempt to resolve the dispute. The costs of the mediation will be shared equally between the Parties. Nothing in this clause will operate to prevent a Party from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction.
• Entire Terms: Subject to your Consumer Law Rights, these Terms contains the entire understanding between the Parties and the Parties agree that no representation or statement has been made to, or relied upon by, either of the Parties, except as expressly stipulated in these Terms, and these Terms supersedes all previous discussions, communications, negotiations, understandings, representations, warranties, commitments and agreements, in respect of its subject matter.
• Force Majeure: Neither Party will be liable for any delay or failure to perform their respective obligations under these Terms if such delay or failure is caused or contributed to by a Force Majeure Event, provided the Party seeking to rely on the benefit of this clause, as soon as reasonably practical, notifies the other party in writing about the Force Majeure Event and the extent to which it is unable to perform its obligations and uses reasonable endeavours to minimize the duration and adverse consequences of the Force Majeure Event.
• Governing law: These Terms are governed by the laws of Victoria. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in Victoria and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts.
• Notices: Any notice given under these Terms must be in writing addressed to us at the details set out below or to you at the details provided in your Account. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.
• Privacy: Each Party agrees to comply with the legal requirements of the Australian Privacy Principles as set out in the Privacy Act 1988(Cth) and any other applicable legislation or privacy guidelines.
• Publicity: You agree that we may advertise or publicise the fact that you are a user of our Platform, including on our website or in our promotional material.
• Severance: If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or that part of that provision) will be severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.
• Third party sites: The Platform may contain links to websites operated by third parties. Unless we tell you otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. We recommend that you make your own investigations with respect to the suitability of those websites. If you purchase goods or services from a third party website linked from the Platform, such third party provides the goods and services to you, not us. We may receive a benefit (which may include a referral fee or a commission) should you visit certain third-party websites via a link on the Platform (Affiliate Link) or for featuring certain products or services on the Platform. We will make it clear by notice to you which (if any) products or services we receive a benefit to feature on the Platform, or which (if any) third party links are Affiliate Links.

Definitions

• Consequential Loss means, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise; any loss or damage that cannot be considered to arise according to the usual course of things from the relevant breach, act or omission, whether or not such loss or damage may reasonably be supposed to have been in the contemplation of the Parties at the time they entered into these Terms as the probable results of the relevant breach, act or omission, and/or, any real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data. The Parties agree that your obligation to pay us the Fee under these Terms will not constitute “Consequential Loss”.
• Force Majeure Event means any event or circumstance which is beyond a Party’s reasonable control.
• Intellectual Property means any and all existing and future rights throughout the world conferred by statute, common law, equity or any corresponding law in relation to any copyright, designs, patents or trade marks, domain names, know-how, inventions, processes, trade secrets or confidential information, circuit layouts, software, computer programs, databases or source codes, including any application, or right to apply, for registration of, and any improvements, enhancements or modifications of, the foregoing, whether or not registered or registrable.
• Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a party to these Terms or otherwise.

For any questions or notices, please contact us at:

Boobobutt Pty Ltd (ACN 652 031 831)

Email: bumpintomums@boobobutt.com.au

Last update: 2 December 2022