Terms and Conditions
CONDITIONS OF USE
These conditions govern all access to and use of this and associated web sites
“sites” means any part of this web site (www.goldilockssuit.com) and any other web sites and social media accounts operated by or on behalf of us;
“use” includes access or use or attempted access or use of any part of the sites and includes (without limitation) access to and use of site content, completion and submission of any online form available at or through the sites, submission of any email to an email address identified at or through the sites, participation in any forum or similar facility available at or through the sites, access to and use of content and other facilities on any other web sites via a link provided on the sites and participating in any promotion conducted at or through the sites;
“we”, “us” and “our” means Goldilocks Suit Pty Ltd (ABN 28 635 002 130) and its officers, employees, agents and contractors including (without limitation) site hosts, operators and developers and contributors of site content; and
“you” and “your” means any person who uses the sites.
Scope of these conditions
You must read and agree to these conditions before making any other use of the sites. If you do not agree to these conditions, you must not use the sites. By making any use of the sites, you thereby accept and agree to be bound by these conditions.
These conditions apply to all use of the sites including your use of sections of the sites which are subject to additional specific conditions. Your use of any section of the sites which is subject to specific conditions is subject to your prior acceptance of those specific conditions and you agree to be bound by those specific conditions with respect to your use of the relevant section(s) of the sites even if you fail to review the specific conditions.
Without limiting any other restrictions on the nature and extent of your permitted uses of the sites, you must not use the sites (or any content, products or services obtained from the sites) for (a) medical or health monitoring or any kind of therapeutic use; (b) investigation, diagnosis, treatment, alleviation, cure or prevention of any disease, ailment, defect, injury or medical or health condition; (c) as a medical or therapeutic device or as a substitute for a medical or therapeutic device; or (d) as a substitute for proper parental and medical monitoring and care.
Content provided by the sites is for general informational purposes only. Content and products are not intended for use as a medical device or as a replacement or alternative to a medical device or as a substitute for proper medical care (as required) or parental care and monitoring of an infant. Products are not scientific instruments and the accuracy and completeness (“quality”) of data produced may be inferior to the quality of data produced by a medical or scientific device.
Content provided by the sites is not medical advice or opinion and information obtained from the sites must not be relied on as medical advice or opinions. No content on the sites is intended for use in emergency or critical health situations. If you think that you or your child has a medical condition or emergency, then medical or ambulance assistance should be sought urgently.
Any person using the sites must be at least 18 years old.
We do not attempt to exclude any conditions, warranties, rights or remedies which you may have pursuant to legislation to the extent that those conditions, warranties, rights and remedies can not be excluded by agreement (“non-excludable rights”).
Subject to any non-excludable rights: (a) the sites and their contents are provided on an “as is” basis; and (b) all express or implied conditions or warranties of any kind (including but not limited to any warranties of merchantability, fitness for a particular purpose, freedom from contamination by computer viruses, non-infringement of proprietary rights and the accuracy, adequacy, currency, suitability, completeness, legality, reliability or usefulness of any content or other part of the sites) are excluded.
If you find any errors or omissions, please report them to us.
Liability arising from use of the sites
Subject to any non-excludable rights: (a) your use of the sites is entirely at your own risk; (b) you hereby release us from any claims you would otherwise have against us now or in future arising directly or indirectly from the sites or your use of the sites; and (c) in no event will we be liable for any damages whatsoever (including, without limitation, direct, indirect, punitive, special, consequential damages, lost profits, lost data or business interruption) arising out of the use, inability to use, or the results of use of the sites, or arising from your purchase or inability to purchase any goods or services offered on the sites, or arising from your inability to participate in any promotion offered on the sites whether based on contract, tort, statute, common law, equity or any other legal theory and whether or not advised of the possibility of such damages. Without limitation, this exclusion of liability applies to any loss or damage caused by any deficiency in sites performance and any error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorised access to, alteration of, or use of any material associated with the sites or your attempted use of the sites.
If you are entitled to make any claim against us as a result of non-excludable rights or on any other basis notwithstanding the provisions of these conditions, our liability to you for the aggregate of such claims (regardless of the basis on which you are entitled to claim from us) is limited to the provision of the information, products or services again or payment of the cost of providing the information, products or services again (at our election).
You must indemnify each of us and keep each of us indemnified against all claims, liabilities, expenses (including legal fees on a solicitor-client basis) or losses that may be made against or sustained by any of us arising from your breach of these conditions or otherwise howsoever from or in connection with your use of the sites.
Inappropriate use and content
You must not use our sites in order to send unsolicited email to recipients who have not given you permission to send them email. You must not email, post or submit any defamatory, offensive, illegal or inappropriate material or any material which infringes a third party’s intellectual property rights or which contains a virus, worm, malware, Trojan horse or other code that manifests contaminating or destructive properties. You must not attempt to modify or damage the sites and must not use the sites in connection with any denial of service attack. You must not impersonate any person or entity or enter a fictitious name or purport to be authorised to represent any entity if that entity has not authorised you to do so in connection with your use of the sites. You must not cause or permit any other person to engage in any of these activities (eg. by providing them with access to your computer or by providing password information to them).
We are not liable for defamatory, offensive, illegal or inappropriate content available at the sites or accessed from the sites and the risk of injury from such content rests entirely with you.
Third party material
The sites may include content or references supplied by users or other third parties (“third party material”). We do not monitor and accept no liability for third party material. Any opinions, advice, statements, services, offers or other information contained in third party material, is the responsibility of the respective author(s), distributor(s) or providers of that third party material. We make no representation and give no endorsement of the accuracy, adequacy, currency, suitability, completeness, legality, reliability or usefulness of any third party material or the identity, knowledge or qualifications of any provider of third party material. Your access to and reliance on third party material is entirely at your own risk.
References in third party material to any specific products, process, or service by trade name, trademark, manufacturer, or otherwise, do not constitute or imply their sponsorship, endorsement or recommendation by us, and such references shall not be used for advertising or product endorsement purposes.
Links to third party web sites
Any links to third party web sites from the sites are provided solely as a convenience to you. We make no representation as to the intellectual property rights of any material available on the linked third party web sites or your rights to access, reproduce and use that material. We do not review and monitor any linked third party web sites and we are not responsible for the contents, accuracy, adequacy, currency, suitability, completeness, legality, reliability or usefulness of any material on any third party web site and accept no responsibility for any broken or redirected links. The presence of such links should not be taken to imply any type of association, sponsorship, endorsement, monitoring, approval of, or responsibility for, the linked third party web site or its content. It is your responsibility to evaluate the content and usefulness of information obtained from other sites. Your access to and reliance on any third party web site is entirely at your own risk.
You acknowledge and agree that we may receive payments or other benefits in connection with links to third party sites or the inclusion of third party material in the sites.
Links from other sites to the sites
Other sites may only link to the sites with our prior written permission. Any site that links to the sites must link to the relevant home page and must not (a) replicate the site’s content; (b) create a browser or border environment around the site’s content; (c) imply any endorsement by us; (d) misrepresent its relationship with us; (e) present false information about our products and services; or (f) use our name or logos without our prior written permission.
We cannot and do not guarantee or warrant that the sites will be free of infection or viruses, worms, malware, Trojan horses or other code that manifests contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for virus detection, accuracy of data input and output and for maintaining an appropriate means for the reconstruction of any lost data.
Copyright, trade marks & limited right to use materials
We or third parties own and retain the copyright, trade marks and other intellectual property rights in the materials found at the sites including without limitation the look and feel of the sites, web pages, code. software, files, documents, text, designs, graphics, audio and video. Unless otherwise expressly stipulated by us, you may only use the sites for personal use and may only print or make an electronic copy of information available on the sites for that purpose. You must not replicate the look and feel of the sites or sell or otherwise commercially exploit any information made available at the sites. You must ensure that any copyright notices are retained in any material copied from the sites. Subject to this limited right to use materials, you must not use, download, upload, copy, print, display, broadcast, perform, reproduce, publish, license, post, transmit or distribute any materials from the sites in whole or in part without our prior written permission. If you breach any of these conditions, then (without limiting your other liabilities) your authorisation to use the sites automatically terminates and you must immediately destroy any downloaded or printed materials.
By submitting any material to the sites or to us in connection with your use of the sites, you thereby assign all intellectual property rights in that material to us. You must not submit material to the sites if a third party has any intellectual property rights in that material unless you have obtained the permission of that third party to submit the material. You must indemnify us against all liabilities and losses we sustain if material you submit to the sites infringes any third party intellectual property rights.
Sale of products or services
In the absence of any express written terms and conditions and unless otherwise stipulated by us at or prior to a sale, any sale of products or services from the sites is subject to the following conditions:
All transactions are in Australian Dollars or as otherwise specified on the sites. If no currency is specified, then the applicable currency is Australian Dollars. If any amounts are shown in currencies other than Australian Dollars these are only indicative and we may require an adjustment of the price and additional payment to take into account any unfavourable exchange rate variations at the actual time of transaction.
Credit Card and third party payment services
Payments made via the sites will be processed by a third party payment processing organisation. Additional fees may apply for third party payment processing payments. We undertake to use third party payment processing details only as specified by you in relation to purchases made on the sites. Illegal use of credit cards or other third party payment processing is a serious crime. We will report any suspicious activity and disclose all relevant evidence to third party payment processing companies and law enforcement authorities.
Errors in description or pricing
Errors may occur in the description or pricing of products or services offered on the sites. We may cancel any transaction if any such error occurs, notwithstanding any confirmation of an order or acceptance of payment.
Product & Service Warranties
Any supply of products or services by us is subject to any express written warranties offered by us or a third party. Subject to any non-excludable rights, all other express and implied warranties relating to such products and services are hereby excluded and the provisions of the clause entitled “Liability arising from use of the sites” apply to any supply of products or services.
Any delivery times are estimates only and we are not responsible for any delays in delivery. If a product or service you have ordered is unavailable for any reason, we may cancel an order without liability.
We may require certain personal information from you in order for you to access and use our services. If you do not provide the information we require, we will not be able to provide access to and use of those services.
By submitting any information to us, you consent to (a) our sending of commercial electronic messages (including emails and SMS messages) and communicating with you by other available means regarding our products and services using the email address(es), phone numbers and other contact details you disclose to us; and (b) our use of any submitted information to tailor our messages to suit your particular circumstances; and (c) our provision of your details to any third party supplier of products which we have supplied to you in order for that third party to contact you regarding its products and our services (e.g. to conduct customer satisfaction or product related surveys). You warrant that this consent is given with respect to any email address, mobile phone number or other contact details you disclose to us (including by simply sending us an email). You and any other disclosed addressee may “opt-out” of the receipt of these kinds of messages at any time by notifying us that your consent is withdrawn. The withdrawal of consent will take effect five business days after we receive your notification.
The sites are administered by us from offices in Adelaide, South Australia. These conditions and your use of the sites and any disputes between you and us shall be governed by and construed in accordance with the laws of South Australia, without giving effect to any principles of conflicts of law. Any legal proceedings arising out of or in connection with the use of the sites must be commenced in the appropriate court in South Australia. You are solely responsible for ensuring that your use of the sites is not prohibited and complies with your local laws.
If any provision of these conditions is unlawful, void or for any reason unenforceable, then that provision shall be deemed severed from these conditions and shall not affect the validity and enforceability of any remaining provisions.
Changes to sites content and access rights
We may modify the content, nature or accessibility of the sites as and when we see fit. These conditions will continue to apply even if you cease to be permitted or able to use the sites.
Revision of these conditions
We may revise these conditions at any time by updating this web page. You hereby agree to be bound by such revisions and should therefore regularly revisit this page to review the then current conditions by which you are bound. Your continued use of the sites after a revision of these conditions evidences your acceptance of that revision.
Goldilocks Suit Pty Ltd
Terms & conditions governing supply of goods and services
“Customer” means the person who has registered as a customer or who has otherwise sought to purchase any Products. “Goldilocks” means Goldilocks Suit Pty Ltd (ABN 28 635 002 130). “Products” mean all products (including products supplied in connection with the provision of services) and all services which Goldilocks agrees to provide to the Customer. “website” means any website or websites operated by or on behalf of Goldilocks through which any Products may be purchased by customers.
- Application of these terms and conditions
Unless otherwise expressly agreed by Goldilocks in writing, every supply of Products to the Customer by Goldilocks is subject to (a) these terms and conditions (b) the Conditions of Use governing access to and use of the website; and (c) any other matters specified by Goldilocks as part of its website or otherwise. By registering as a customer or by purchasing, installing, downloading or otherwise accessing or using any Products, you agree to be bound by these terms and conditions. The agreement by Goldilocks to supply a Product occurs upon acceptance by Goldilocks of a Customer’s order.
- PROHIBITED USE AND IMPORTANT DISCLAIMERS
USE OF PRODUCTS IS FOR GENERAL INFORMATIONAL PURPOSES ONLY. PRODUCTS ARE NOT INTENDED FOR USE AS A MEDICAL DEVICE OR AS A REPLACEMENT OR ALTERNATIVE TO A MEDICAL DEVICE OR AS A SUBSTITUTE FOR PROPER MEDICAL CARE (AS REQUIRED) OR PARENTAL CARE AND MONITORING OF AN INFANT. THE CUSTOMER ACKNOWLEDGES AND AGREES THAT THE PRODUCTS ARE NOT SCIENTIFIC INSTRUMENTS AND THE ACCURACY AND COMPLETENESS (“QUALITY”) OF DATA PRODUCED MAY BE INFERIOR TO THE QUALITY OF DATA PRODUCED BY A MEDICAL OR SCIENTIFIC DEVICE. WITHOUT LIMITING ANY OTHER RESTRICTIONS ON THE NATURE AND EXTENT OF PERMITTED USES OF THE PRODUCTS, THE CUSTOMER MUST NOT USE THE PRODUCTS FOR (A) MEDICAL OR HEALTH MONITORING OR ANY KIND OF THERAPEUTIC USE; (B) INVESTIGATION, DIAGNOSIS, TREATMENT, ALLEVIATION, CURE OR PREVENTION OF ANY DISEASE, AILMENT, DEFECT, INJURY OR MEDICAL OR HEALTH CONDITION; (C) AS A MEDICAL OR THERAPEUTIC DEVICE OR AS A SUBSTITUTE FOR A MEDICAL OR THERAPEUTIC DEVICE; OR (D) AS A SUBSTITUTE FOR PROPER PARENTAL AND MEDICAL MONITORING AND CARE.
THE PRODUCTS AND ASSOCIATED INFORMATION DO NOT PROVIDE MEDICAL ADVICE OR OPINIONS AND INFORMATION OBTAINED FROM THE PRODUCTS MUST NOT BE RELIED ON AS MEDICAL ADVICE OR OPINIONS. PRODUCTS ARE ONLY SUITABLE FOR USE WITH HEALTHY INFANTS UP TO 18 MONTHS OF AGE. NO PRODUCTS ARE INTENDED FOR USE IN EMERGENCY OR CRITICAL HEALTH SITUATIONS. IF THE CUSTOMER THINKS THAT THEY OR THEIR CHILD HAS A MEDICAL CONDITION OR EMERGENCY, THEN MEDICAL OR AMBULANCE ASSISTANCE SHOULD BE SOUGHT URGENTLY.
THE CUSTOMER MUST ONLY USE PRODUCTS FOR THEIR INTENDED PURPOSE AND IN ACCORDANCE WITH ALL INSTRUCTIONS AND DIRECTIONS. GOLDILOCKS MAY SUSPEND USE OF SERVICES IF IMPROPER USE IS DETECTED
ONLY THE CUSTOMER AND ANY OTHER PERSON WITHIN THE CUSTOMER’S HOUSEHOLD MAY USE THE PRODUCTS. ANY PERSON USING THE PRODUCTS MUST BE AT LEAST 18 YEARS OLD.
- Payment Terms & Price
Payments for Products must be made either (a) at the time of placing the order; or (b) in accordance with any alternative and applicable payment terms specified on the website. Unless prices are quoted as inclusive of GST, then GST shall be an additional amount payable by the Customer if applicable. Payments made via the website will be processed by a third party payment processing organisation. Additional fees may be charged to the Customer for third party payment processing payments.
Goldilocks shall be entitled to vary the price of any Products at any time prior to delivery or completion if the cost to Goldilocks of performing its obligations is increased or reduced by any new or amended legislation, regulation, order, directive, by-law, licence or approval or by reason of fluctuations in currency value, changes in the amount charged to Goldilocks by its suppliers or by any cause beyond the direct control of Goldilocks. If the Customer is unwilling to accept any revised price, the Customer may cancel the order and will be entitled to a refund of any relevant amount paid in advance. The time specified by Goldilocks for payment is of the essence. If the Customer fails to make any payment by a due date, Goldilocks shall (without limiting any other remedy) be entitled:
- to be paid interest by the Customer at a rate two per centum per annum higher than the rate charged from time to time by Goldilocks’s bank on an overdraft in excess of $100,000, such interest to be charged daily, to be compounded every calendar month upon the amount then owing and to be payable on demand (a letter from Goldilocks’s bank specifying the interest rates applicable shall be conclusive proof of such rates); and
- to suspend the performance and delivery of all Products until all outstanding payments are made and to adjust the amount payable by the Customer to compensate Goldilocks for any extra expense or loss thereby incurred including (without limitation) all reasonably incurred legal, collection agency and other costs.
- Time for performance
Any indicated dates for delivery or performance are estimates only. Goldilocks will use reasonable endeavours to meet any estimated date but Goldilocks shall not be liable for any delay howsoever arising.
- Description and specifications may vary
Specifications and descriptions including (without limitation) photographs and details relating to functionality, performance, dimensions and weight are approximate only and Goldilocks shall not be liable for any omission, error or inaccuracy. The Customer acknowledges that it has relied entirely on its own skill and judgment to select appropriate Products and that the Customer has not relied on any representations made by or on behalf of Goldilocks or Goldilocks’s suppliers. Goldilocks reserves the right to make any changes to the Products found necessary due to unavailability of Products or which Goldilocks reasonably considers would improve the Products. The Customer acknowledges that Goldilocks may subcontract the performance of services.
- Delivery and Acceptance
The Customer must promptly inspect Products supplied upon delivery to the Customer. Subject to the warranty rights specified in clause 8, the Customer will be deemed to accept that services have been satisfactorily completed and Products have been satisfactorily supplied unless the Customer notifies Goldilocks in writing of any deficiencies within 7 days after delivery to the Customer.
- Warranty & liability
- In some circumstances, the law implies terms and conditions, obligations or remedies which cannot be excluded by agreement (“non-excludable rights”). The following provisions do not purport to exclude any non-excludable right.
- Goldilocks warrants that Products will be free from material defects for a period of 12 months from the date of purchase of the Products (“Warranty Period”). This warranty is conditional upon use, care and maintenance of Products by the Customer in accordance with Goldilocks recommendations.
- If the Customer identifies a material defect in a Product and returns that Product to Goldilocks within the Warranty Period (or any longer period allowed by any applicable non-excludable rights), then (subject to verification by Goldilocks of the defect) the Customer will be entitled to either request a replacement Product or may request a refund of the purchase price applicable to that Product.
- Subject to the express warranty and any applicable non-excludable rights:
- use of the Products is entirely at the Customer’s own risk;
- use of the Products may not be uninterrupted or error-free;
- the Products are provided on an “as is” basis;
- all other warranties with respect to Products are excluded.
- Where Goldilocks is liable to the Customer (notwithstanding the other provisions of this clause) whether pursuant to non-excludable rights or for breach of contract, negligence or otherwise:
- in the case of a liability of Goldilocks arising in connection with the supply of goods, the liability of Goldilocks shall, at Goldilocks’s option, be limited to the replacement of the goods, the supply of equivalent goods, the repair of the goods, payment of the cost of replacing the goods, payment of the cost of acquiring equivalent goods or payment of the cost of repairing the goods; and
- in the case of a liability of Goldilocks arising in connection with the provision of services, the liability of Goldilocks shall, at Goldilocks’s option, be limited to the supply of the services again or payment of the cost of supplying the services again.
- In no circumstances will Goldilocks be liable to the Customer for loss of use, loss of profit, loss of anticipated savings, loss on resale, delay costs or for any consequential or indirect loss or punitive or exemplary damages of any kind.
- The Customer must indemnify Goldilocks and its officers, employees and agents (‘those indemnified”) and keep them indemnified against any loss, liability, damages, claim, demand or expense (including legal fees on a full indemnity basis) which any of those indemnified may suffer as a result of any negligent act or omission or any breach of these terms and conditions by the Customer.
- Intellectual Property
- Goldilocks (or third parties) retains all copyright and other intellectual property rights in the Products and related know how (“IP”) and retains or obtains all intellectual property rights with respect to any copies, reproductions, adaptations, additions to, enhancements, alterations, modifications or translations made of that IP.
- The Customer is granted a personal, non-exclusive right to use the IP but only to the extent necessary to enable the Products to be used by the Customer for the Customer’s private purposes and subject to any restrictions on use specified on the website.
- If the Customer submits any content or data to Goldilocks, then the Customer (a) authorised Goldilocks to use that material for any reasonable purposes; and (b) warrants that use of the material by Goldilocks will not infringe the intellectual property rights of any other party.
- Additional terms
- The Customer must register for an account to use the Products and is responsible for keeping any related access codes and passwords secure and for preventing any unauthorised access to the Products. If the Customer believes that their account is no longer secure, they must notify Goldilocks immediately at [email protected]
- The Customer acknowledges that (a) other items may be required by the Customer in order to make effective use of the Products which must be acquired by the Customer at the Customer’s expense; and (b) the items to be supplied by Goldilocks are limited to the items specified as forming a part of the relevant Product on the website.
- The Customer must comply with all instructions provided in connection with Products. If the Customer has any uncertainty regarding instructions or the use of Products, the Customer should promptly seek advice from Goldilocks.
- The Customer must not resell Products and must not permit third parties to access or use Products, except to the extent expressly authorised by Goldilocks on the website.
- The Customer must keep confidential and must not disclose or use any confidential information of Goldilocks or Goldilocks’s suppliers which may be disclosed to the Customer by or on behalf of Goldilocks. Without limitation, confidential information of Goldilocks includes pricing and technical information relating to Products.
- The Customer acknowledges that it has not been induced to enter into this agreement by any representation made by or on behalf of Goldilocks. The Customer has not relied on Goldilocks’s skill and judgment and the Customer has satisfied itself that the Products are suitable for the Customer’s purposes.
- If any provision or part of a provision of this agreement is unenforceable, such unenforceability shall not effect any other part of that provision or any other provision. All rights, immunities and limitations of liability in these terms and conditions shall continue to have full force and effect in all circumstances and notwithstanding any breach of contract or negligence by Goldilocks or any other person entitled to rely on same.
- This agreement shall be governed by the law of South Australia and the Customer irrevocably submits to the jurisdiction of the South Australian courts. Rights shall not be prejudiced or restricted by any indulgence or forbearance. No waiver in respect of a breach shall operate as a waiver in respect of any other breach.