AFTERPAY AVAILABLEFREE SHIPPING WITHIN AUSTRALIA

Terms of service

Welcome to the website of Baby Moat online (“Site”). Baby Moat (“Baby Moat” or “we” or “us” or “our”) provides the services available on the Site to you, subject to the following terms and conditions (“the Terms and Conditions”). The following Terms and Conditions along with our Security Policy, Privacy Policy, and any other policies that you may find throughout the Site, collectively constitute our Terms and Conditions. By accessing or using the Site, you acknowledge that you have read, understand, and agree to, without limitation or qualification, to be bound by these Terms and Conditions.

1. Modification of Terms and Conditions

Baby Moat may from time to time we may modify its Terms and Conditions, policies, or the content of the Site, without notice. Any such changes are effective immediately once posted on the Site. Please read the Terms and Conditions before placing an order online and check back often. If you do not agree to any change, you must immediately stop using the Site. Any changes made after you have placed an order will not affect that order however, unless Baby Moat is required to make the change by law. We do not promise to continue to offer or maintain the Site online. We may withdraw it from use in accordance with our business strategy from time to time.

2. Our Policies Form a part of these Terms and Conditions

These terms and conditions include the additional policies related to orders placed through this Site (such as order processing, shipping and handling, delivery charges, Returns Policy, and our Privacy Policy).

3. Accuracy of Information

Although we aim to keep the Site and our information as up to date as possible, the information including product descriptions, appearing on this Site at a particular time may not always reflect the product exactly at the moment that you place an order.

We endeavour to ensure that the details, descriptions, images, colours and prices of products or other content available on the Site are accurate; however, to the extent permitted by law, we do not warrant that the product or service descriptions, colours, information, or any other content available on the Site are accurate, complete, reliable, current or error-free.

4. Eligibility

To make purchases through this Site, you will be requested to provide your personal details. Customers must provide their real name, phone number, e-mail address and other requested information as indicated. Furthermore, when ordering items, you will be required to provide payment details. By entering your payment details you represent and warrant that the payment details you provide on ordering are both valid and correct and you confirm that you are the person referred to in the Billing information provided.

The Site is available only to individuals who meet the Baby Moat terms of eligibility. Individuals must have been issued a valid credit card by a bank acceptable to Baby Moat, applications must be acceptable to Baby Moat and who have authorised Baby Moat to process a charge or charges on their credit card in the amount of the total purchase price for the merchandise. Baby Moat reserves the right to restrict multiple quantities of an item being shipped to any one customer or postal address.

5. Pricing Policy

Prices shown on the Site are in Australian Dollars (AUD) and are inclusive of GST. Prices are subject to change effective immediately upon posting to the Site or other form of notification.

6. Placing an Order and Order Acceptance

You will be guided through the process of placing an order by a series of simple instructions on the Site. You will have the opportunity to review your proposed order and confirm or correct it prior to finally placing your order.

Orders may take up to 48 hours to process and ship from the time the order is placed. Orders placed on a weekend, or a Public Holiday will not begin processing until the following business day.

Baby Moat reserves the right to not accept your order if an item you have ordered is out of stock, we are unable to obtain authorisation for your payment, we suspect fraudulent activity or violation of these Terms and Conditions (including our Privacy Policy) or if we identify a product or pricing error.

Baby Moat reserves the right to refuse service to anyone at any time at its sole discretion.

If we are unable to fulfill your order, we will contact you by email advising you of this.

7. Payment

You may make payment using any of the methods specified in the payment section of this Site.

You confirm that the credit or debit card that is being used is yours. All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses or does not, for any reason, authorise payment to us, whether in advance or after a payment, we will not be liable for any delay or non-delivery.

Offer codes may be redeemed by entering the promo code in the Shopping Cart. Baby Moat reserves the right to refuse a purchase and use of an offer code.

8. Credit Card Fraud

Baby Moat employs the latest in the Secure Sockets Layer (SSL) technology software for its transactions with its customers. Baby Moat will not be responsible for any damages, consequential losses (whether direct or indirect) suffered by a customer whose credit card is fraudulently used or is used in an unauthorised manner. For your security, your billing name and address must match that of the credit card used for payment. We reserve the right to cancel any order that does not match these criteria.

9. Cancellation of Order

Baby Moat may cancel your order at any time. If your order has been cancelled, you will receive an email to explain the reason for the cancellation. Your original payment method will be refunded for the appropriate amount. Some reasons for cancellation include but are not limited to, item not available, difficulty in processing payment information, cannot deliver to address provided, duplicate order placed, and credit card name does not match billing name.

11. Risk of Loss

Risk in the goods will pass to you upon delivery to you.

12. Shipping, Delivery and Unforeseen Events

We will deliver the goods in accordance with the delivery option selected by you during the order process. Any delivery times quoted to you are indicative only. Orders may be delivered in one or more parts. To the extent permitted by law, we do not accept any liability whatsoever for delayed delivery caused by any third party or any delay, suspension or failure arising out of any circumstances outside of our reasonable control, including but not limited to, Covid-19, acts of God, governmental actions, strikes, lockouts or other labour difficulty, war or national emergency, acts of terrorism, fire, explosion, flood, an act or omission of a third party, inability to obtain any necessary materials, equipment, facilities or services, the failure of performance provided by others, internet interruption or virus, accidents or breakdown of plant, machinery, software, hardware or communication network.

13. Acceptance of Goods and Returns

Upon receipt, you must inspect the goods. You will be deemed to have accepted the goods unless you notify us within 3 days of receiving the goods.

15. Intended Use

By placing an order with Baby Moat, you agree to use the products only for their intended purpose. If you use the products for any other purpose, you will assume full responsibility for any loss or damage arising out of this use.

16. Intellectual property rights

The Site and all intellectual property rights, including its “look and feel”, information, trademarks, designs, graphics, logo, and all software relating to this website, are owned by Baby Moat, or in some cases, a third party. These intellectual property rights are protected by Australian and international laws.

Your use of the Site and its content grants no rights to you in relation to any copyright, designs, trademarks or any other intellectual property or material rights relating to the Content or any portion of the Site. This includes Baby Moat Software and all HTML and other code contained in this Site.

You are permitted to use the Content only as expressly authorised by Baby Moat, its third-party licensors and subject to the Copyright Act 1968 (Cth) and other related legislation. Any reproduction, redistribution, duplication, copying, selling, accessing, modifying, or otherwise exploiting, of the above listed Content, in whole or in part, for any purpose without our express consent is prohibited. Without limiting the foregoing, copying and use of the above listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited. However, you are permitted to make one copy for the purposes of viewing Content for your own personal use.

Baby Moat makes no recommendations as to the use of any information or Content on this Site which may infringe the intellectual property rights of itself or any third parties. Baby Moat makes no representations or warranties that use of the information or Content on this Site will not infringe such intellectual property rights.

17. Content and Warranties

In addition to the intellectual property rights mentioned above, "Content" is defined as any graphics, photographs, including all image rights, sounds, music, video, audio or text on this Site. Baby Moat tries to ensure that the information on this site is accurate and complete.

The advice and information contained within this website is of a general nature and is not intended to constitute or replace professional advice for individual or specific conditions. While every effort is taken to ensure that the information contained within this website is accurate, Baby Moat takes no responsibility for any loss or damage arising from its use.

Baby Moat does not promise that the Site Content is error-free. Baby Moat does not promise that the functional aspects of the Site or Baby Moat’s Content will be error free or that this Site, Baby Moat’s Content, or the server that makes it available are free of viruses or other harmful components. Baby Moat recommends that all users of the Internet ensure they have up to date virus checking software and necessary firewalls installed on their personal computers.

The Site is presented "as is" and we make no representations or warranties of any kind whatsoever, express or implied, in connection with these Terms and Conditions or the Site, including but not limited to warranties of merchantability, non-infringement or fitness for a particular purpose, except to the extent such representations and warranties are not able to be excluded at law.

Certain legislation, including the Trade Practices Act 1974 (Cth), may imply warranties or conditions, or impose obligations upon us which cannot be excluded, restricted or modified or cannot be excluded, restricted or modified except to a limited extent. These Terms and Conditions must be read subject to these statutory provisions. If these statutory provisions apply, to the extent to which we are able to do so, our liability under those provisions will be limited, at our option, in the case of services to (a) the supplying of the services again or (b) the payment of the cost of having the services supplied again and, in the case of goods to (i) the replacement of the goods or the supply of equivalent goods; (ii) the repair of the goods; (iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or (iv) the payment of the cost of having the goods repaired.

18. Limited License

We grant you a limited, revocable, and non-exclusive license to access and make personal use of the Site. This limited license does not include the right to: (i) frame or utilise framing techniques to enclose the Site or any portion thereof (ii) modify or download the Site or its contents (except caching or as necessary to view content); (iii) make any use of the Site or its Content other than personal use; (iv) create any derivative work based upon either the Site or its Content; (v) collect account information for the benefit of another party; (vi) use any meta tags or any other "hidden text" utilising our name or the Trademarks; or (vii) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure. We also grant you a limited, revocable, and non-exclusive license to create a hyperlink to the home page of the Site for personal, non-commercial use only. A website that links to our Site (i) may link to, but not replicate, our Content; (ii) may not imply that we are endorsing such website or its services or products; (iii) may not misrepresent its relationship with us; (iv) may not contain content that could be construed as distasteful, obscene, offensive or controversial, and may contain only content that is lawful and appropriate for all ages; (v) may not portray us or our products or services, in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate us with undesirable products, services, or opinions; (vi) may not use any Trademark without express written permission; and (vii) may not link to any page of the Site other than the home page. We may, in our sole discretion, request that you remove any link to the Site, and upon receipt of such request, you shall immediately remove such link. Any unauthorised use by you of the Site terminates the limited license set forth in this Section 18 without prejudice to any other remedy provided by applicable law.

19. Limitation of liability

You agree that, to the fullest extent permitted by applicable law, we will not be responsible or liable (whether in contract, tort (including negligence) or otherwise), under any circumstances, for any (a) interruption of business; (b) access delays or access interruptions to the Site; (c) data non-delivery, mis delivery, corruption, destruction or other modification; (d) computer viruses, system failures or malfunctions which may occur in connection with your use of the Site, including during hyperlink to or from third party websites; (e) any inaccuracies or omissions in Content, or (f) events beyond our reasonable control.

Further, to the fullest extent permitted by law, we will not be liable for any indirect, special, punitive, incidental, or consequential damages of any kind or loss of profits, loss of revenue loss of data, loss of goodwill, arising out of or related to the Site or your use (or non-use) thereof, regardless of the form of action whether in contract, tort (including negligence) or otherwise, even if we have been advised of the possibility of such damages and in no event shall our maximum aggregate liability exceed one hundred dollars ($100.00).

20. Indemnity

You agree to defend, indemnify us against any action, liability, claim, loss, damage, proceeding, expense (including legal costs) suffered or incurred by us, arising from, or which is directly or indirectly, related to:

  • your breach or non-observance of any term of these Terms and Conditions;
  • any breach or inaccuracy in any of your responsibilities or warranties; or
  • your use of the Site.

 21. No commercial use

This Site is for your personal, non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products or services contained within this Site. You may not use this Site, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own website or otherwise.

22. Use of information

If you upload or otherwise provide any information or content ("User Content") while accessing or using the Site, you agree that such User Content will be available to us to use in any manner we think fit, subject to applicable provisions of any legislation including (without limitation) privacy legislation. You agree that you will not upload or otherwise provide any User Content which:

  • is defamatory, fraudulent, unlawful, threatening, intimidating, harassing, inappropriate, harmful, hateful, abusive, tortious, obscene, invasive of another's privacy, sexist, racist, violent, degrading;
  • infringes the intellectual or other proprietary interests of third parties;
  • contains spam, chain letters, pyramid and other such selling and marketing schemes, computer viruses, computer code, files or programs or other harmful components that are designed to interrupt, destroy, change or limit the functionality of the Site or any other computer software, hardware or other electronic equipment, information which in any way impinges on another user's use or enjoyment of the Site or otherwise breaches or encourages other users to breach these Terms and Conditions;
  • violates any law, statute or regulation;
  • forges information to disguise the origin of any User Content; or
  • encourages or incites any other person to engage in any of the above behaviour.

You agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise and use the intellectual property you have in any User Content, in all media now known or not currently known. You also agree to waive any moral rights or similar rights you may have or may acquire in the future in that User Content in our favour.

23. Third Party Sites

We may include hyperlinks on this Site to other websites or resources operated by parties other than Baby Moat. The links appearing on our Site are for convenience purposes only. Baby Moat is not responsible for the content or accuracy of any off-site pages linked to or from the Site, nor are we responsible for the availability of such external websites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including (without limitation) any offerings, products, advertising nor other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external websites or resources.

We are in no way responsible for examining or evaluating, nor do we warrant the offerings of, off-Site pages. We suggest that you make your own reasonable enquires regarding the content of these sites. Your linking to or from these websites is at your own risk. You should carefully review the terms and conditions and privacy policies of all off-website pages and other websites that you visit.

24. No Agency or partnership with you

No agency, partnership, joint venture, employee-employer, or franchisor-franchisee relationship is intended or created between you and us by these Terms and Conditions.

 

Product Liability Disclaimer

1) We have no liability to the extent that a failure of the goods is attributable to any act or omission on your part.

2) No warranties or guarantees except those implied by law and which cannot be excluded are giving by The Trustee for The Other Bridesmaid Trust t/a Baby Moat in respect of all goods supplied.

3) To the fullest extent permitted by law, The Trustee for The Other Bridesmaid Trust t/a Baby Moat excludes all liability in respect of all warranties implied by law or any consequential or incidental damages.

4) To the fullest extent permitted by law, The Trustee for The Other Bridesmaid Trust t/a Baby Moat excludes all representations, warranties, or terms (whether express or implied) other than those set out in the terms of service.

5) This disclaimer is to be read subject to any legislation which prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions, guarantees or obligations. If such legislation applies, fully permitted by law, The Trustee for The Other Bridesmaids Trust t/a Baby Moat limits its liability in respect of any claim of failing to comply with a consumer guarantee to, in the case of goods:

a) The replacement of the goods or the supply of the equivalent goods;
b) The repair of the goods;
c) The payment of the cost of replacing the goods or acquiring the relevant goods; or
d) The payment of having the goods repaired.
6) Subject to the prior, no attempt is made to exclude or limit liability arising under the Australian Consumer Law to the extent that there is a statutory restriction on such exclusion or limitation.

7) In all other respects, our total liability for loss or damage of every kind, whether:

  1. a) Arising pursuant to the terms of service; or
  2. b) Arising in any other way out of or in relation to the supply of the goods, their sale, delivery, or the way they behave, and whether in tort or contract or in any other cause of action, is limited to an amount equivalent to the sum paid by you to us for the goods.

8) Except in relation to liability for personal injury (including sickness and death) and except as otherwise stipulated in these terms of service, we do not accept liability to you in respect of any indirect, consequential, or special loss or damage which may be suffered or incurred by you in respect of goods or services supplied pursuant to these terms.

9) You must inspect the goods immediately upon their arrival and if the goods are not in accordance with the specified requirements then you must give notice to us within 3 business days of receipt of the goods. If you fail to give such notice, the goods must be deemed to be in all respects in accordance with the specified requirements. No claim must be recognised unless made in writing and received by way within 3 business days after the receipt of the goods by you. This paragraph does not apply if the goods are subject to consumer guarantees imposed under the Australia Consumer Law where the consumer guarantees apply as set out above.