Terms of use

TERMS & CONDITIONS & TERMS OF SERVICE

Hello! This website, www.babywearingaustralia.com.au , is owned and operated by the team working for Australian Babywearing Association, ABN 84754356810. If you have any questions in regards to these terms & conditions, or anything else on our website, please contact us via email hello@babywearingaustralia.com.au

This document sets out the Terms and Conditions you need to be aware of when viewing, using, and interacting on our website. Please take a moment to read them, as they set out your important rights and obligations, and we care strongly about making sure we both know where we stand. When you visit our website, use our services, or purchase a product, you agree that you are over the age of 18 and willing to be bound by these Terms and Conditions. If you don’t accept this agreement, you should not continue to engage in our website, services, or products.

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”). We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to our website following the posting of any changes constitutes acceptance of those changes.

All products and services advertised on our website are offered in compliance with Australian Consumer Law.

GENERAL DISCLAIMER

On our website you will find baby carriers, slings, and accessories of these products for sale and for hire. You will also find educational material around these in the form of text, audio, and visual. This information is provided solely for educating on the proper use of these items and providing beneficial information to ensure they are used safely and correctly, and therefore enjoyed by the user. 

[OUR RIGHTS & RESPONSIBILITIES]

We take the utmost care to provide valuable information on how best to use a baby carrier, but we cannot be responsible for the use of that information. The information we provide is of a general nature and not individually tailored for your situation. Please be aware that the generalised information we provide on baby carriers and slings is not a substitute for the advice given by your specialist or care provider. Any testimonial and promised results we may display on our website are based on our experience and those of our previous clients and customers. They are not guarantees that anyone else will achieve the same results. 

[VISITOR RESPONSIBILITIES]

You are solely responsible for your own safety and that of your baby at all times. You should be aware that using a baby carrier or a sling is a risky activity.  A baby carrier or sling is a fall hazard and a suffocation hazard. You are responsible for your own research on the suitability of this activity for yourself and your child.  Please use common sense when first using a carrier or sling. It is best to start practicing without your child. Use a toy first in the carrier as you learn how to tie/buckle it around your body and how it works. Have someone with you to spot you and your baby if it is one of your first attempts and stand over a soft surface to prevent serious injury if an accident occurs. No matter how experienced you are, go slow and take your time when placing your baby in and out of the carrier. Take the utmost care. Check your carrier or wrap frequently for any breakages or wear and tare and discontinue use if there is any broken buckles, ripped fabric, or holes in your carrier or sling. When in use, make sure you are following the TICKS guidelines, a universal set of guidelines for babywearing safety. That is that your baby is TIGHT in the carrier or sling, they are IN VIEW and you can see their face clearly and their airways are unobstructed, their CHIN is off their CHEST so that their airway isn’t compromised due to slumping, they are close enough to KISS meaning that they are high on your body where you can see them, and their SPINE is supported in it’s natural J-like shape so that they aren’t slumping. Please seek advice from your trusted professional before acting on the information we provide through our website. You must constantly monitor your child when they are in the carrier or sling. 

[DOWNLOADS]

We are not responsible for viruses or any other damage which might occur as a result of downloading material from our website. 

[EXTERNAL LINKS & THIRD PARTY ADVERTISEMENTS]

On our website we have links to third party sites who we have featured on. At the time of posting these links, their website was safe.  We do not have any control over these websites and are not responsible for their content. You should read their terms and conditions. We do not take responsibility for any transaction entered into between the visitor and the advertiser.

SPECIFIC DISCLAIMER

This disclaimer relates to the engagement of babywearing support services such as a private consultations, our online training program, and in-person workshops.

[OUR RESPONSIBILITY]

We take the utmost care in recommending advice on carriers that is safe and up-to-date. We make sure our advice is easy to follow and understand so that parents aren't overwhelmed and then can therefore implement safe and enjoyable baby-carrying. We list consultants on our website that have completed training through our program but we are not responsible for their indivdual actions.

[YOUR RESPONSIBILITY]

It is your responsibility to take your time in understanding how to carry safely, check with your care provider or specialist that this activity is safe for you, and then first practice before you are confident. It is a good idea to practice with a doll, with someone around to spot you, and/or over a soft surface. You must take your time and constantly monitor your child when carrying and follow the TICKS guidelines. It is your responsibility to listen to the recommendations on how to carry safely and correctly so that you and your baby remain safe. You must do your own research to confirm this advice is right for you. 

[PROBLEMS]

If there is any problems with accessing the online training program please contact hello@babywearingaustralia.com.au

If you encounter a problem with a consultant in your area, it is your responsibility to follow up with them. You can email us to notify us of this issue so we can avoid future problems.   

If certain in-person events are not able to go ahead due to covid restrictions or lockdowns, you will be eligible for a full refund. Refunds or exchanges in other circumstances are only eligible prior to 14 days from the event date. Within 14 days of the event starting to take place, all purchases are final (except in case of last minute covid).

[PAYMENT]

Full payment must be made before attending the in-person workshops. If you are on a payment plan, you must pay out the remaining amount owing in full before you attend the workshop.

[SUITABILITY]

The online training program can be completed by those who are hearing or vision impaired as it is a program made up of text, audio, and visuals. You will need access to the internet via a computer or phone.  If you are capable of carrying your child in your arms, you should be capable of using a carrier or sling to support them there too and get advice on how to do this best. However, everyone is individual and getting advice from your trusted professional is best first to ensure the suitability of this activity for you. 

You agree to indemnify, defend and hold harmless Brooke Maree Allen-Rhodes & Kellie Rakich and our affiliates, partners, contractors, service providers, subcontractors, suppliers, and employees, harmless from any claim or demand, including reasonable legal fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

INTELLECTUAL PROPERTY

[COPYRIGHT]

The content of this website and our offerings is protected by copyright. No portion of our website may be copied or replicated in any form without our explicit permission. Many hours of work, planning, and editing goes into our work to ensure the highest quality information. Any of our work that is plagiarised will eventually be found and brought to attention. Videos, PDF's, and specific training material and content from our online training course must not be shared with anyone outside of the training course. You are in breach of our terms and conditions if you share the paid content with another.

CONSUMER GUARANTEES

[MINOR PROBLEM]

If you are unable to download a PDF file, or any other material from our website won't load correctly, please contact our team on hello@babywearingaustralia.com.au and we may be able to manually send you the file in the interim. 

If you are unable to access our training program, please contact our team on hello@babywearingaustralia.com.au for us to sort it out ASAP. 

[SPECIFIC TERMS OF SALE]

A check box has been included at the point of sale for you to agree to these terms and conditions in their entirety. This is to assure that you know your rights and responsibilities, and you are aware of ours. 

VISITOR INFORMATION

[RESPECTFUL COMMUNICATION] 

Respectful and intelligent contribution is encouraged on our website through commenting on blog posts. However, if comments are hateful & unnecessary, there will be no hesitation in not approving comments, and/or deleting comments. 

JURISDICTION & DISPUTE RESOLUTION

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Australia. 

If you have any issue or complaint arising out of your use of our website or our terms and conditions, you and us, Australian Babywearing Association, agree to make a genuine effort to resolve the dispute through negotiation and discussion. 

[MEDIATION]

If we are unable to resolve a disagreement by negotiation and discussion within 14 days, we must process to mediation with the assistance of an accredited mediator who is independent of us. The mediator is to be appointed by agreement of us, if we can't agree within 21 days it must go to the Chair of Resolution Institute for appointment. The Resolution Institute Mediation Rules shall apply to the mediation. We agree to share the cost of mediation equally between us. 

[LITIGATION]

If the independent mediator agrees that the dispute will not be solved through mediation, then litigation will commence as a last resort for a judge to make a ruling. Litigation will not commence until the options of discussion, negotiation, and mediation have been exhausted first.  



You can review the most current version of the Terms of Service at any time on this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

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