Terms of Service
Welcome to Swoop Baby [ABN 33618464231] and swoopbaby.com, our website. We're so glad you're here! By visiting our website and using the services our website provides, you are agreeing to these terms and conditions and any other policies we publish or link to on our website; we like to call this an "Agreement". Just know that if you breach our Agreement, we may need to terminate your use of our website. We may also change, suspend, or stop providing our website at any time, but we'll always try to let you know if that's the case.
Now, let's chat about your obligations when using our website.
Your obligations when using our website
To provide correct information and comply with the law
Firstly, please provide us with current and accurate information when filling out any of our opt-in or other forms. It is also important that you comply with the laws of NSW and Australia when you use our website, including, but not limited to, all intellectual property and cybercrime laws. If you're accessing our website from outside of Australia, please make sure to also comply with all the relevant local laws.
To only make personal and non-commercial use of our Content
Next up, please only use the website and its Content for your personal and non-commercial use. We own or license the Copyright in all Content on our website, and any other use is prohibited unless permitted by law, or with our prior written permission (which you can request by emailing hello@swoopbaby.com). All trademarks on our website belong to their respective owners.
To use third party software, links etc at your risk
If you choose to use third-party software, links or other tools to enhance your experience on our website, please do so at your own risk. We provide the links for your assistance only, and we have no control over those other sites or their content. We do not endorse them in any way, and any use of those sites is at your sole risk. Similarly, we have no control over third-party apps and software and do not make any warranties in relation to them. You will need to read and agree to their terms and conditions before using them
To direct concerns about third party products and services to that third-party
Please note that our website and services may include advertisements for third-party products and services. We have no control over the advertisements or the websites of third parties, and we are not responsible for their content, or their products or services. We do not endorse any of their goods or services, but in some cases, we may have a relationship with that third-party who may pay us a referral fee or a commission when you buy their products and services. If you have any concerns about third-party products or services, please contact that third-party directly. Any purchase you make is a contract between you and them, and we're not involved.
To not rely on any “advice”
Some of the information we provide on our website may be information related to health, but it's not meant to be health "advice". We provide this information for your general use only. While we try to provide accurate information, it may be historical, incomplete information or based on opinions that aren't widely held. Your personal situation has not been considered when providing the information, so any reliance on this information is at your sole risk. We recommend seeking independent professional advice before relying on the information we provide.
To be respectful when posting
We want to encourage you to engage in online discussions in our community. However, we ask that you be respectful when posting. Please don't include any personal information such as your email address or physical address in any posts. Please also follow our posting rules. We don't allow:
- any disrespectful, inappropriate, offensive, threatening, or abusive content;
- any content that breaches the rights of a third party (e.g. which is defamatory);
- any content that impersonates any other person, or misleads us as to the origin of your posts; or
- any advertising, self-promotion, or sales.
Where posts do not comply with these rules, or are otherwise objectionable, we may, but are not obliged to remove them. You are solely responsible for all your posts.
We make no warranties or guarantees
We need you to know that we make no warranties or guarantees about our website or its Content. We can't guarantee our website will always be available, that your use will not be interrupted or that our website is free from viruses or secure; or that our Content is accurate, complete, and current.
For example, sometimes we will be making changes to our website, or you may come across an old landing page, historical information, incomplete pages, or inaccuracies. If you find any issues, please email us at hello@swoopbaby.com.
Limitation of liability and indemnity
We exclude, to the maximum extent permitted by law, any liability in connection with your use of our website and its Content. We are not responsible for any Loss or Damage suffered in connection with your use of our website, its Content, any interruptions, changes, suspension or termination of our website or any events beyond our control.
Additionally, you indemnify us for any Claim arising out of or in connection with any third-party links, websites, apps, software, products, and services; your breach of this Agreement, your breach of the law including your local laws, or your breach of the rights of a third party.
Other
This Agreement is governed by the laws in NSW, Australia and the parties submit to the jurisdiction of the courts of NSW, Australia. If any part of these terms and conditions is not enforceable, it shall be severed from this Agreement and the remaining provisions will be in full force and effect. The obligations and liabilities in this Agreement survive termination. The failure to exercise our rights or enforce a provision under this Agreement does not waive the future operation of that right or ability to enforce the provision.
SMS Marketing
By consenting to Swoop Baby’s SMS marketing in the checkout and initializing a purchase or subscribing via our subscription tools, you agree to receive recurring text notifications (for your order, including abandoned checkout reminders), text marketing offers, and transactional texts, including requests for reviews from us, even if your mobile number is registered on any state or federal do-not-call list.
Message frequency varies. Consent is not a condition of purchase. If you wish to unsubscribe from receiving text marketing messages and notifications, reply with STOP to any mobile message sent from us or use the unsubscribe link we provided you within any of our messages.
You understand and agree that alternative methods of opting out, such as using alternative words or requests, will not be considered a reasonable means of opting out. We do not charge for the service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply.
For any questions, please text HELP to the number you received the messages from. You can also contact us at [LINK to your contacts page or form, or email address] for more information.
We have the right to modify any telephone number or short code we use to operate the service at any time. You will be notified on such occasions.
You agree that any messages you send to a telephone number or short code we have changed, including any STOP or HELP requests, may not be received, and we will not be liable for honoring requests made in such messages.
To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.
Your right to privacy is important to us. You can see our Privacy Policy to determine how we collect and use your personal information.
Definitions
Claim means any claim, under statute, tort, contract or negligence, any demand, award, or costs.
Content means any content on our website, and could be any trademarks, brand names, logos, all copy, images, art, graphics, music, audio, videos, designs, or any other content.
Copyright means all rights pursuant to the Copyright Act 1968 (Cth).
Loss or Damage means any loss or damage including, but not limited to, any loss of salary, loss of revenue, loss of goodwill, downtime costs, loss of profit, loss or damage to reputation, loss of data, personal injury, property damage or legal costs.
We, us, or our means Sarah Anne Clifton t/as Swoop Baby [ABN 33618464231] and includes any of our employees, agents, partners, and contractors.
