Date: June 2010

Introduction

Welcome to the www.babybliss.com.au website. This website, and the information, content and services it makes available (which, collectively are referred to as the “Website”), is provided to you by Joanne Ryan trading as Babybliss® (or Babybliss or we or our).

This document sets out the terms and conditions (agreement) which apply to a person (you) when you access the Website. This agreement must be read in conjunction with our Privacy Policy.

By accessing or using this Website you accept and agree to be legally bound by this agreement and our Privacy Policy (as amended).

Separate terms and conditions apply when Babybliss supplies products or services to you. We will notify you of the applicable terms at the time of your purchase of goods or services from us.

Disclaimer in relation to Website and Content

Babybliss strives to keep the information, advice, recommendations, letters, messages, comments, posts, text, graphics, photographs, videos, data, and other information available on the Website (Content) that it posts on the Website accurate, complete and up-to-date. However, Babybliss does not guarantee, and is not responsible for, the accuracy, completeness or timeliness of any Content.

The Content is made available on the understanding that neither Babybliss nor any supplier of Content is engaged in the provision of medical, counselling or other professional services. The Content is intended solely as general information and is not intended as a substitute for diagnosis and treatment by a professional medical or healthcare service provider in relation to any medical or other health related condition. You should always seek advice specific to your circumstances and condition from a qualified medical practitioner or other healthcare provider.

Ownership of Website

The Website, its look and feel and its design and the copyright and other intellectual property rights in each of these items is owned by Babybliss.

Ownership of Content

The copyright and other intellectual property rights in the Content are owned by Babybliss or its licensors.

Babybliss grants you a non-exclusive, non-transferable, revocable, limited licence to view, copy, print, and distribute Content retrieved from the Website only for your personal, non-commercial use but you must not remove or obscure any copyright notice, trade mark notice, or other proprietary rights notices displayed on or in conjunction with the Content. You may not use any Content in any other manner or for any other purpose without the prior written permission of Babybliss.

All rights not expressly granted in this agreement are expressly reserved to Babybliss.

Trade marks

Babybliss®, Babybliss Settling Technique® and any other trade marks (whether registered or unregistered) included in the Website are owned by Babybliss or its licensors. You may not use or display any trade marks without the prior written consent of Babybliss.

Links to other websites

The Website may provide links to other websites or resources, including advertisers and suppliers of products or services, over which Babybliss has no control. These links are provided solely as a convenience to visitors to the Website and should not be construed as a recommendation or endorsement by Babybliss of any content, items, or services on those third-party websites or resources. You access and use such websites (including the content, items, or services on those websites) and buy products or services from the third parties solely at your risk.

Babybliss makes no representations or warranties with respect to the content, personal information collection practices, ownership, or legality of any linked websites. You agree that Babybliss has no responsibility or liability for the availability of external websites or resources, or for the content, advertising, products, or other materials available through such websites or resources.

Babybliss does not make any representations or warranties with respect to any products or services that may be obtained from third parties, and you agree that Babybliss will have no liability with respect to any loss or damage of any kind incurred or suffered by you as a result of any dealings between you and any third party, or as a result of the presence of such third parties on the Website.

Disclaimer of warranties

The Website is provided on an “as is” and “as available” basis. Babybliss does not make any warranty that:

  1. (a) the Website will meet your requirements;
  2. (b) access to the Website will be uninterrupted, timely, secure, or error-free;
  3. (c) defects, if any, will be corrected.
  4. (d) the results that may be obtained from the use of the Website are correct, complete, reliable, accurate or of a particular standard; or
  5. (e) the Website or the Content is correct, complete, reliable, accurate, of a particular standard or up-to-date.

Any content downloaded or otherwise obtained through the Website is used at your own risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of such content.

To the maximum extent permitted by law, Babybliss excludes completely all liability to any person for loss or damage of any kind (however caused, including by negligence) arising from or relating in any way to the any use of the website or material on this website (Services).

Modification or suspension of the Website

Babybliss may at any time modify, discontinue, or suspend its operation of this Website, or any part of it, temporarily or permanently, without notice to you.

Termination of your access

Babybliss may at any time terminate your use of the Website, or any part of it, without prior notice to you, for any reason that Babybliss, in its sole discretion, considers appropriate.

Commercial electronic messages

If you express interest in our newsletter or complete a contact request form or otherwise contact Babybliss, you consent to us sending commercial electronic messages (including messages about our products and services and the products and services of third parties) to electronic addresses which you have provided to us or for which you or your employer (or your employer’s related bodies corporate) are the relevant electronic account holder.

Modifications to this agreement

Babybliss may make changes to this agreement from time to time in its sole discretion, by updating this posting on this Website, and specifying the effective date of the new version of the agreement. Your continued use of the Website following the posting of a new version of the agreement constitutes your acceptance of any such changes. Accordingly, whenever you visit this Website you should check to see if a new version of the agreement has been posted.

Applicable law

This agreement is governed by the laws in force in New South Wales, Australia and you submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia and any courts which may hear appeals from those courts in respect of any proceedings in connection with this agreement.

Contact information

If you have any questions or concerns about this agreement or the Website you may contact a representative of Babybliss by e-mail at jo@babybliss.com.au.