Introduction

Bump Into Mums (Bump Into Mums) owns and operates this web site (Bump Into Mums’s site). Your access to and use of Bump Into Mums’s site is conditional upon your acceptance and compliance with these Terms of Use. Your use of, and / or access to, Bump Into Mums’s site constitutes your agreement to these Terms of Use.

Specific limits of Bump Into Mums’s site

Whilst Bump Into Mums’s site offers, wellness and diet related articles in the ” Hub”, Bump Into Mums’s site does not offer any diagnostic advice or service. If you need advice, information or treatment you should consult a qualified medical or care practitioner and not use this site.

The information contained on Bump Into Mums’s site is made available for informational purposes only, and should not be construed as medical or advice.

Bump Into Mums endeavours to provide a convenient, functional and secure web-site. However, Bump Into Mums’s website (including the content of Bump Into Mums’s website) is provided on an as is and as available basis and Bump Into Mums does not warrant the content will be error free or that the site or the server that operates it are free of viruses or other harmful components.

While Bump Into Mums takes all reasonable steps to maintain the accuracy and completeness of the information contained on Bump Into Mums’s site, you acknowledge and agree that, to the maximum extent permitted by law, Bump Into Mums makes no representation or warranty to you, nor give any guarantee as to the accuracy, adequacy or completeness of the content or information contained on Bump Into Mums’s site.

Similarly, to the maximum extent permitted by law, Bump Into Mums makes no representation or warranty, nor give any guarantee to you in relation to Bump Into Mums’s site or the content accessible via Bump Into Mums’s site, including (without limitation):

as to the reliability, suitability or availability of Bump Into Mums’s site or the content accessible on Bump Into Mums’s site;
that access to Bump Into Mums’s site and/or to the content accessible on Bump Into Mums’s site will be secure, uninterrupted or error-free;
that errors or defects with Bump Into Mums’s site or the content accessible via Bump Into Mums’s site will be able to be corrected;
that Bump Into Mums’s site will operate with any other hardware, software, system or data; or
the accuracy and fairness of the content accessible via Bump Into Mums’s site.

If your use of Bump Into Mums’s site results in the need for servicing or replacing property, material, equipment or data, to the maximum extent permitted by law, Bump Into Mums will not be responsible for such costs.

Terms of Use

The information on Bump Into Mums’s site is offered on the terms and understanding that, to the maximum extent permitted by law, neither Bump Into Mums nor Bump Into Mums’s directors and Bump Into Mums site’s authors are responsible for the results of any actions taken on the basis of the information or for any error or omission in the information.

You agree that your use of Bump Into Mums’s site and the purchase of any products will be governed by these terms and conditions (Terms of Use) and Bump Into Mums’s collection, use and disclosure of your personal information will be in accordance with the Privacy Policy which can be accessed here https://www.Bump Into Mums.com.au/privacy-policy. As these Terms of Use and the Privacy Policy are important legal documents, we recommend that you read both pages before taking any further steps on this site. Your continued use of Bump Into Mums’s site will be treated by Bump Into Mums as your acceptance to the Terms of Use and Privacy Policy. If you do not accept these Terms of Use and Privacy Policy, you must refrain from using or accessing this site and any information contained on it.

Registration

2.1 You may be asked to provide Personal Information to Bump Into Mums before purchasing any products from this Website, before entering any competition on the Website or before registering an account on this Website. If you do not provide that Personal Information to Bump Into Mums, Bump Into Mums may not be able to sell you products, enter you into that competition or register you with an account.
2.2 All Personal Information Bump Into Mums collects from this Website will be held, used and disclosed in accordance with Bump Into Mums’s Privacy Policy.
2.3 You acknowledge that if you do not register as a member of this Website, parts of this Website designed for registered members may not be accessible to you. 2.4 Bump Into Mums will take reasonable steps to maintain the security of any Personal Information that you provide. Bump Into Mums’s site has security measures in place to protect the loss, misuse and alteration of the information under Bump Into Mums’s control. However, no data transmission over the internet can be completely secure, and Bump Into Mums cannot give an absolute assurance that the information you provide to us will be secure at all times.
2.5 Bump Into Mums may use techniques designed to identify fraudulent activities on the Website, such as fraudulent credit card use. If any unauthorised use of your credit card occurs as a result of your credit card purchase on the Website, you should notify your credit card provider in accordance with its reporting rules and procedures.
2.6 You agree that Bump Into Mums may terminate your user account and/or refuse you access to Bump Into Mums’s site where you are in breach of any provision of these Terms of Use.

User ID, Password and Security

3.1 You have the opportunity to create an account to access parts of Bump Into Mums’s site. In order to create an account, you are required to provide us with your name and address, and to select a password.

3.2 You acknowledge and agree that your email address and password combination is used to access the restricted areas of Bump Into Mums’s site and that you are responsible for the safety and security of your password.

3.3 Without limiting the foregoing, you agree to notify Bump Into Mums immediately when you become aware of any unauthorized or attempted unauthorized access to, use or disclosure of your password by any person and you agree to comply with Bump Into Mums’s directions regarding password security.

3.4 You agree that Bump Into Mums is entitled to take reasonable steps to monitor use of your account and that Bump Into Mums may suspend your access to your account should Bump Into Mums detect any suspicious activity occurring in relation to your account until the suspicious activity is resolved.

Credit card and payment information

Bump Into Mums does not collect, store or retain any credit card and other payment information in connection with products purchased from Bump Into Mums via this website. All payments for products purchased from Bump Into Mums via this website are processed through third party payment gateway providers. Bump Into Mums uses its reasonable endeavours to ensure that all purchases made through Bump Into Mums’s website are made using secure HTTP connections (you can check that the connection is secure when the URL for the check-out web-page commences with https://).

Copyright & Intellectual Property

Bump Into Mums’s site contains material which is subject to copyright and other intellectual property rights owned by or licensed to Bump Into Mums. Except to the extent otherwise permitted by law:

Bump Into Mums

You are allowed to:

view, copy and print material in electronic or other forms only for your personal use, or non-commercial purposes and only if you retain the copyright notice and other intellectual property notices from the original material;

You are NOT allowed to:
– use material from Bump Into Mums’s site for non-personal, public or commercial purposes without the consent of Bump Into Mums; or
– distribute in any medium any part of Bump Into Mums’s site or the content on Bump Into Mums’s site without Bump Into Mums’s prior written consent; or
– alter or modify any part of Bump Into Mums’s site or the content made available via Bump Into Mums’s site; or
– not to use or access Bump Into Mums’s site (or any part of it) or the content made available via Bump Into Mums’s site for any commercial use unless you first obtain Bump Into Mums’s prior written consent (which may be provided in Bump Into Mums’s absolute discretion, subject to any conditions which Bump Into Mums chooses to impose at its absolute discretion); or
– breach copyright or any other intellectual property rights of Bump Into Mums or its licensors including by amending or adapting any material on Bump Into Mums’s site.

Subject to the provision above no part of Bump Into Mums’s site may be reproduced, stored in a retrieval system, or transmitted in any form or any means, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of a director of Bump Into Mums .

Advertising, links to third party web sites and e-commerce offers
Bump Into Mums’s site contains hyperlinks and other pointers to internet web sites operated by third parties. These linked web sites are not under the control of Bump Into Mums. Bump Into Mums is not responsible for the contents of any linked web or any hyperlink contained in a linked web site. Bump Into Mums provides these hyperlinks to you as a convenience only. Inclusion of any link is not nor does it imply any endorsement of the linked web site by Bump Into Mums. You link to any such web site entirely at your own risk.

Your content and conduct

You are solely responsible for any content that you submit to Bump Into Mums and the consequences of submitting such content to Bump Into Mums, including via Bump Into Mums’s site.

When you submit any content to Bump Into Mums, you represent and warrant to Bump Into Mums on a continuous basis that you own the content and that the content is original to you, and does not infringe the intellectual property rights or moral rights of any third party.

You grant to Bump Into Mums a non-exclusive, worldwide, perpetual and irrevocable fully paid up licence of the content you submit to Bump Into Mums to enable Bump Into Mums to operate the Bump Into Mums’s website and to otherwise fulfil any obligations which Bump Into Mums may owe to you under any contract or agreement.

Without limiting the foregoing, you agree that you will not submit to Bump Into Mums any content that is and that you will not use Bump Into Mums’s site or any content or tools which Bump Into Mums makes available to transmit any material that is:

vulgar or obscene;
discriminatory, sexist or racist;
violent or graphic;
contrary to applicable laws in Australia; or
libelous, tortious, defamatory or invasive of another person’s privacy.

You acknowledge that Bump Into Mums may, at its absolute discretion, remove content from Bump Into Mums’s website which in Bump Into Mums’s opinion breaches any of the foregoing restrictions.

You also acknowledge and agree that the fact that Bump Into Mums may make available your content to other users of Bump Into Mums’s website does not mean that Bump Into Mums endorses such content or the person submitting the content.

Applicable Law

This agreement created by these Terms of Use is governed by and construed in accordance with the laws of Victoria, Australia and the parties submit to the exclusive jurisdiction of the courts of the State of Victoria with respect to any dispute arising out of or in connection with these Terms of Use.

Communications

Unless you expressly inform Bump Into Mums otherwise (including by exercising any opt-out mechanism that Bump Into Mums may make available to you), you consent to your receipt from Bump Into Mums, or on Bump Into Mums’s behalf, of electronic messages (including emails) attaching newsletters, brochures and/or updates of future developments relevant to Bump Into Mums

Feedback

Bump Into Mums provides Bump Into Mums’s website in order to provide a useful guide and user experience and any comments on its structure and contents with a view to improving its usefulness would be welcome. Such comments and feedback should be provided to Bump Into Mums using the facilities made available via Bump Into Mums’s website.

When you submit any feedback or comments to Bump Into Mums regarding Bump Into Mums’s website, you acknowledge and agree that Bump Into Mums is free to use or adapt any idea or feedback to improve Bump Into Mums’s website without compensation or remuneration to you.

Liability

The liability of either party for a breach of the agreement created by these Terms of Use or for any other common law or statutory cause of action arising out of the operation of these Terms of Use will be determined under the relevant law that is recognized, and would be applied by, the High Court of Australia.

To the fullest extent permitted by law, in no event shall Bump Into Mums, its directors, officers, employees or agents, be liable to you for any direct, indirect, incidental, special or consequential loss or damage arising from any:

errors, mistakes or inaccuracies in the content made available via Bump Into Mums’s site;
personal injury or property damage (of any nature whatsoever) arising or resulting from your access to and use of Bump Into Mums’s site and/or its content;
any interruption or cessation of transmission to or from Bump Into Mums’s site;
any bugs, viruses and/or malicious code which may be transmitted to or through Bump Into Mums’s site; and/or
any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted or otherwise made available via Bump Into Mums’s site, except where such liability arises as a direct result of any negligent or willful act or omission of Bump Into Mums, its directors, officers or employees.

Notices

Without limiting the methods by which a notice or other communication may be given at law, a notice or other communication is properly given or served if it is transmitted by electronic mail or other electronic means to your email address held by Bump Into Mums. You agree to promptly notify Bump Into Mums of any change in your email address.

Entire agreement

These Terms of Use constitute the entire agreement with respect to your access to and use of Bump Into Mums’s site, and your right to upload, submit, access and use the content made available via Bump Into Mums’s site. These Terms of Use supersede and replace all prior representations, agreements, statements and understandings (whether verbal or in writing) in relation to the subject matter of these Terms of Use.

Variation

Bump Into Mums may vary these Terms of Use at any time by giving you notice of the variation or by posting a notice of the variation to Bump Into Mums’s site. Such notice may be given (and you are deemed to have been given notice) by posting a notice of the variation to these Terms of Use reasonably prominently on Bump Into Mums’s site.

Bump Into Mums will use reasonable endeavours to notify you of any variation to these Terms of Use at least 14 days in advance of the variation taking effect. Such notification may take the form of an email sent to the email address Bump Into Mums holds, by posting a reasonably prominent link to the varied terms on Bump Into Mums’s site and/or by posting a reasonably prominent notice in any app Bump Into Mums may release to support Bump Into Mums’s site.

Waiver

A waiver by either party of a breach of these Terms of Use will not be regarded as a waiver of any other breach. A party’s failure to enforce a provision of these Terms of Use will not be interpreted as a waiver.

Severability

Each provision of these Terms of Use shall be read as separate and separable so that if any provision is void or unenforceable for any reason, that provision will be severed and the remainder will be construed as if the severed provision had never existed.

Assignment

Bump Into Mums may assign its rights under these Terms of Use to a third party without your prior written consent. You acknowledge and agree that the rights conferred on you under these Terms of Use are personal to you and cannot be assigned or novated to another party except with Bump Into Mums’s prior written consent.

Further acts

Each party must, without further consideration, sign, execute and deliver any document and perform any other act that is necessary or desirable to give full effect to these Terms of Use.

Party preparing document not to be disadvantaged

No rule of contract interpretation must be applied in the interpretation of these Terms of Use to the disadvantage of one party on the basis that it prepared or put forward these Terms of Use or any document included in these Terms of Use.

SUPPLEMENT IN RELATION TO THE GENERAL DATA PROTECTION REGULATION

Last updated: July 2019

This supplement is intended to add to the privacy policy of Bump Into Mums (Bump Into Mums). It sets out how Bump Into Mums complies with the General Data Protection Regulation (GDPR) with respect to the processing of personal data collected from residents of the European Union. It is not intended to replace Bump Into Mums’s privacy policy that applies to the collection, use and disclosure of personal information from individuals located in Australia.

This supplement applies whenever you visit this website, including any mobile website (together, the Website) from a location within the European Union or when a resident of the EU provides personal data to Bump Into Mums.

Data controller

For the purposes of the GDPR, Bump Into Mums confirms that the data controller of this Website is Bump Into Mums, a company registered under the laws of Australia.

What personal data does Bump Into Mums collect about you and from whom?

When you access, subscribe or sign up to use the Website, Bump Into Mums may collect a variety of personal data about you. The types of information Bump Into Mums collects from individuals (including EU residents) are set out in Bump Into Mums’s privacy policy.

Use of your personal data

Where the GDPR applies to the personal data Bump Into Mums collects, Bump Into Mums uses and processes personal data according to the requirements and restrictions of the GDPR. In particular, Bump Into Mums will only use and/or disclose your personal data if Bump Into Mums has a permitted lawful basis on which to use and/or disclose your personal data.

Generally, Bump Into Mums collects your personal data because it is necessary for:

performing Bump Into Mums’s contract for the provision of products and/or services to you;
the pursuit of Bump Into Mums’s legitimate interests (as detailed further below); or
complying with Bump Into Mums’s legal obligations.

Bump Into Mums may also rely on your consent to use your personal data, including for marketing purposes (see Marketing Communications below).

You may withdraw your consent to these activities at any time. If you withdraw your consent, unless another lawful basis applies, Bump Into Mums will cease to process the affected data. Please note that withdrawal of consent may result in Bump Into Mums being unable to provide you with certain features of the Website and/or the products that you have ordered and paid for through the Website.

As noted above, Bump Into Mums may use your personal data for the purpose of performing a contract made between Bump Into Mums and you. This includes using your personal data for the purposes outlined in Bump Into Mums’s privacy policy.

Bump Into Mums may use your personal data for Bump Into Mums’s legitimate interests, including those interests outlined in Bump Into Mums’s privacy policy. Without limiting Bump Into Mums’s privacy policy, Bump Into Mums’s legitimate interests include using your personal data:

for promoting, marketing and advertising Bump Into Mums’s products and services;
for statistical and demographic analysis, in order to understand the behaviour, activities, preferences and needs of Bump Into Mums’s customers;
for improving the Website, to improve existing products and services and to develop new products and services;
to protect Bump Into Mums’s brand, reputation and goodwill in the marketplace, by taking appropriate legal action against third parties who have infringed Bump Into Mums’s rights or otherwise are in breach of their legal obligations owed to Bump Into Mums;
to effectively and efficiently handle and resolve any legal claims or regulatory enforcement proceedings taken against Bump Into Mums;
to generally operate the Website and for internal business operations; and
to monitor and to record telephone calls for training purposes.

Additionally, Bump Into Mums may also use your personal data for complying with its legal obligations and to enforce its legal rights (including in relation to an actual or suspected breach of the Website’s Terms of Use).

Marketing communications

Where you have consented to receive marketing communications directly from Bump Into Mums, then you agree that Bump Into Mums may use your information to contact you by your selected method of communication regarding new products, competitions, events, items or related activities which Bump Into Mums anticipates you may find useful, together with communications regarding similar products and services offered by Bump Into Mums. Bump Into Mums does not sell, trade or rent your personal data to other companies or partners.

You may always revoke that consent at any time by exercising the unsubscribe option in any marketing communications which you receive from us.

To whom Bump Into Mums discloses your personal data

Generally, Bump Into Mums will use its reasonable endeavours to disclose de-identified information to third parties. However, Bump Into Mums may disclose personal data it collects to third parties. Such disclosures will occur only on an as-needs basis and only in order to facilitate the fulfilment of one or more of the reasons for which your personal data is being processed.

Subject to the foregoing, Bump Into Mums may disclose your personal information to the categories of recipients outlined in Bump Into Mums’s privacy policy.

You agree that if Bump Into Mums transfers ownership or management of the Website or of Bump Into Mums’s business and/or assets to a third party in the event that Bump Into Mums sells, trades or licenses any part of its business or assets, then Bump Into Mums may also transfer your personal data or other personal data you provided to Bump Into Mums as part of those assets. This includes, but is not limited to, all sensitive personal data and any other information about you.

How long does Bump Into Mums keep hold of personal data

Bump Into Mums keeps your personal data for as long as it is reasonably necessary to meet the relevant purposes for which Bump Into Mums collected your personal data, including for the purpose of satisfying any legal, accounting or reporting requirements.

To determine the appropriate length of time for holding your personal data, Bump Into Mums takes into account the amount, nature and sensitivity of the personal data, the potential risk of harm from unauthorised use and/or disclosure of your personal data, the purpose(s) for Bump Into Mums processes your personal data and whether Bump Into Mums can achieve those purposes through other means, together with legal requirements imposed on Bump Into Mums.

As a general rule, Bump Into Mums generally retains personal data relating to products purchased from the Website for up to seven years following the transaction.

Is personal data transferred outside the European Union?

As Bump Into Mums is located in Australia, all personal data collected from you will be collected and held in Australia.

Bump Into Mums has implemented appropriate safeguards in connection with the protection of personal data transferred from the European Union into Australia, into Bump Into Mums’s control. Bump Into Mums will use its best endeavours to ensure that any third party recipient located outside the European Union will take steps to safeguard the personal data transferred or disclosed by Bump Into Mums to the recipient.

Further cross-border transfer or disclosure of your personal data will only occur as envisaged in Bump Into Mums’s general privacy policy.

Security of personal data

In accordance with Bump Into Mums’s Terms of Use for the Website, you acknowledge and agree that:

to the maximum extent permitted by law, Bump Into Mums makes no representation or warranty, nor give any guarantee to you that your access to the Website and/or to the content accessible on the Website will be secure, uninterrupted or error free; and
data transmission over the internet can be completely secure and, to the maximum extent permitted by law, Bump Into Mums cannot give an absolute assurance or guarantee that the information you provide to Bump Into Mums will be secure at all times.

Bump Into Mums takes reasonable steps to protect the personal data Bump Into Mums holds from misuse and loss, and from unauthorised access, modification or disclosure. To prevent unauthorised access, to maintain accuracy, and to ensure proper use of personal information, Bump Into Mums has deployed physical, electronic and managerial processes to safeguard and to secure the personal data collected.

Use of cookies and links to third party websites

Please refer to Bump Into Mums’s privacy policy with respect to Bump Into Mums’s use of cookies and in relation to links from the Website to websites operated by third parties.

Your rights in respect of your personal data

Under certain circumstances, you have rights under the GDPR and thePrivacy Act 1988(Cth) in relation to the personal data that Bump Into Mums holds about you. You can request to:

access information held about you, subject to Bump Into Mums verifying your identity and subject to Bump Into Mums’s right to charge you a reasonable administrative fee to cover Bump Into Mums’s costs incurred in relation to any repetitive, manifestly unfounded or excessive requests for access – where Bump Into Mums refuses your request to exercise this right, Bump Into Mums will give you reasons for its refusal and to outline the process by which you can complain about Bump Into Mums’s refusal;
rectify any incorrect or incomplete data that Bump Into Mums holds about you, subject to Bump Into Mums verifying your identity;
delete, restrict or remove personal data Bump Into Mums holds about you, subject to the relevant provisions in the GDPR;
transfer any personal data that Bump Into Mums holds about you to another party, subject to the relevant provisions in the GDPR; and
object to any further processing of your personal data, subject to the relevant provisions in the GDPR.

You can make all such requests to:Attention:Bump Into Mums Customer Service email:[email protected] Into Mums.com.au.

Please note that in respect of all these rights, Bump Into Mums reserves the right to refuse your request based on the exemptions set out in the GDPR.

Updates to this supplement

Bump Into Mums may from time to time change or replace this supplement and Bump Into Mums will post the modified, amended or new supplement to the Website in place of the superseded supplement. Bump Into Mums recommends that you regularly check the Website to ensure that you are aware of the current version of Bump Into Mums’s privacy policy and this supplement.

By creating an account you are accepting our Terms & Conditions