Caboose Cloth Nappies, Online Store Service (Service) which is accessible at cloth-nappies.com.au and all associated sites linked to cloth-nappies.com.au.com.au by Caboose Cloth Nappies and its affiliated entities (Site), and on our mobile applications (Apps).The Site, Services and Apps are the property of Caboose Cloth Nappies.
You can contact us at:
Use of This Site
The Site and Services provide an e-commerce storefront selling baby-related products (Products).
Caboose Cloth Nappies is not a party to any agreement entered into between Members. Caboose Cloth Nappies is not a referrer, and provides no such related services. We have no control over the conduct of Members and other users of the Site and Services. We disclaim all liability in this regard, as set out in the Terms.
Products and Information
Your use of this Site is, at all times, entirely at Your own risk. Caboose Cloth Nappies shall use reasonable endeavours to ensure that any information on this Site is complete, reliable and up to date. Notwithstanding this, neither We, nor any third party make any warranties or guarantees as to the accuracy, timeliness, completeness, performance or suitability of any information, product or materials found on this Site. You acknowledge that any such information may contain errors or inaccuracies and Caboose Cloth Nappies expressly excludes any liability, which may arise. Where any such inaccuracies or errors do occur, We may correct that information without any liability to You or any third party.
Caboose Cloth Nappies does not make any guarantee as to the availability or suitability of products on this Site. It is your responsibility to determine the suitability of a product or service for You and Caboose Cloth Nappies expressly excludes all liability in relation to this.
Caboose Cloth Nappies reserves the right to, at its sole discretion, limit the quantity of products purchased by any User through this site at any time and for any reason.
Your use of our Site, our Apps and our Services indicates that you have had sufficient opportunity to access the Terms and contact us, that you have read, accepted and will comply with the Terms, that you have legal capacity to enter into a contract for sale, and that you are eighteen (18) years or older or if younger than eighteen (18) years you have the approval of your parent or guardian. If this is not correct, or if you do not agree to the Terms, you are not permitted to use any of our Services.
These Terms may be amended from time to time, without prior notice. Your use of our Services following any such amendments will be deemed to be confirmation that you accept those amendments. We recommend that you check the current Terms, before continuing your use of our Services. Our agents, employees and third parties do not have authority to change the Terms.
Each person may have one (1) account as a Member on the Site including a Profile (Account).
Basic information is required when registered on our Site as a Member. Members are required to provide certain information including name and email address.
Each Member agrees to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Caboose Cloth Nappies reserves the right to suspend or terminate your Account and your access to the Site and Services if any information provided to us, including for the Site, proves to be inaccurate, not current or incomplete.
To keep your information secure and confidential, you are requested by us to change your passwords at regular intervals.
It is your responsibility to keep your Account details and password confidential. You are liable for all activity on your Account, including purchases made using your account details. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Account, whether or not you have authorized such activities or actions.
You will immediately notify Caboose Cloth Nappies of any unauthorized use of your Account.
Members and Services
We reserve the right, at any time and without prior notice, to remove or disable access to any Profile for any reason, including Profiles that Caboose Cloth Nappies, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, the Apps or Services.
Cancellation of Registration
If you wish to cancel your membership, simply log in to the ‘My Account’ page and select ‘Manage Membership’. There you will see the option to cancel your membership. Alternatively you can write to us requesting cancellation at email@example.com.
Consumer legislation in Australia including the Australian Consumer Law (ACL) in the Consumer and Competition Act 2010 (Cth) provides consumers with guarantees that cannot be excluded, restricted or modified (Rights).Similar consumer protection laws and regulations in other countries may provide consumers with similar guarantees.
If you are a consumer as defined in the ACL, the following notice applies to you: We guarantee that the Services we supply to you are rendered with due care and skill; fit for the purpose that we advertise, or that you have told us you are acquiring the Services for or for a result which you have told us you wish the Services achieve, unless we consider and disclose that this purpose is not achievable; and will be supplied within a reasonable time. To the extent we are unable to exclude liability; our total liability for loss or damage you suffer or incur from our Services is limited to one hundred Australian Dollars ($100).
Copyright and Intellectual Property
Our Site and our Apps contains material which is owned by or licensed to us (or our affiliates and/or third party licensors as applicable), and is protected by Australian and international laws, including but not limited to the trademarks, trade names, software, content, design, images, graphics, layout, appearance, layout and look of the Site and the Apps (Collective Content). Caboose Cloth Nappies and all material used in connection with the Site and the Apps are unregistered or registered trademarks of Caboose Cloth Nappies .
Intellectual Property includes all code, algorithms, copyright, fees, pricing, registered and unregistered, logos, slogans, designs, audio tracks, information, images, photographs, patents, know-how, trade secrets, ideas, methods, diagrams, drawings, databases, notes, documents, confidential information and any other proprietary or industrial rights relating to Caboose Cloth Nappies (in each case whether registered or unregistered or whether capable of registration), together with any applications for registration and any rights to registration or renewal of such rights anywhere in the world and whether created before or after the date of these Terms; goodwill in the business; trade, business company or organisation names; internet domain names; site content, images and layout; and App content, images and layout.
You agree that, as between you and us, we own all Intellectual Property rights in the Site, the Apps and Services, and that nothing in these Terms constitutes a transfer of any Intellectual Property rights. We own the copyright which subsists in all creative and literary works displayed in the Site, Apps and Services. The Site, Apps and Services are protected by copyright, trademark, patent, trade secret, international treaties, laws and other proprietary rights, and also may have security components that protect digital information only as authorized by Caboose Cloth Nappies or the owner of the content.
Other trademarks, service marks, graphics and logos used in connection with the Site and Services are the trademarks of their respective owners (collectively Third Party Marks).
Our Intellectual Property and Third Party Marks may not be copied, imitated or used, in whole or in part, without the prior written permission of Caboose Cloth Nappies or the applicable trademark holder.
Users of the Site and the Apps do not obtain any interest or license in the Intellectual Property or Third Party Marks without the prior written permission of Caboose Cloth Nappies or the applicable trademark holder. Members may not do anything which interferes with or breaches the Intellectual Property rights.
Subject to these Terms, Caboose Cloth Nappies grants the User a personal, non-exclusive, non-transferable, limited and revocable license to use the Site, Apps and Services for your own personal and/or non-commercial use only on a computer or mobile device owned or controlled by the Member as permitted in accordance with these Terms (User License), and not to use the Site, Apps and Services in any other way or for any other purpose, apart from local fair dealing legislation. All other uses are prohibited without our prior written consent.
The right to use the Site, Apps and Services is licensed to you and are not being sold to you. You have no rights in the Site, Apps and Services other than to use it in accordance with these Terms.
This Agreement and User License governs any updates to, or supplements or replacements for, the Site, Apps and Services, unless separate Terms accompany such updates, supplements or replacements, in which case the separate Terms will apply.
Permitted and Prohibited Conduct
You are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Site, Apps and Services. In connection with your use of our Site, Apps and Services, you may not and you agree that you will not:
use the Site, Apps or Services for any commercial or other purposes that are not expressly permitted by these Terms;
register for more than one (1) Account as a Member or register for an Account on behalf of an individual other than yourself;
submit any false or misleading information;
violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and Tax regulations;
copy, store or otherwise access any information contained on the Site, Apps and Services or Content for purposes not expressly permitted by these Terms;
infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
use our Site, Apps or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, personal contact information or credit, debit, calling card or account numbers;
use, display, mirror or frame the Site or Apps, or any individual element within the Site or Apps, Services, Caboose Cloth Nappies name, any Caboose Cloth Nappies trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Caboose Cloth Nappies express written consent; or advocate, encourage, or assist any third party in doing any of the foregoing.
The Site, Apps, Services, and Collective Content are protected by copyright, trademark, and other laws of Australia and foreign countries. You acknowledge and agree that the Site, Apps, Services and Collective Content, including all associated intellectual property rights is the exclusive property of Caboose Cloth Nappies and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Apps and Services, or Collective Content.
Caboose Cloth Nappies accepts no responsibility for and makes no representations or warranties to you or to any other person as to the reliability, accuracy or completeness of the information contained on the Site. Caboose Cloth Nappies disclaims any and all liability related to any and all Members and Profiles.
By using the Site, Apps or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of third parties will be limited to a claim against the third party who caused you harm.
To the fullest extent allowable under applicable law, we disclaim all warranties, representations and conditions, whether express or implied, including any warranties, representations and conditions that the Site, Apps or Services are merchantable, of satisfactory quality, reliable, accurate, complete, suitable or fit for a particular purpose or need, non-infringing or free of defects or errors.
For the avoidance of doubt, Caboose Cloth Nappies is not responsible for any taxation matters associated under these Terms. We advise that all Members using our Site, Apps and Services to seek their own advice in relation to these matters.
Each Member who uses the Site, Apps and the Services do so at their own risk.
We exclude all express and implied conditions and warranties, except for your Rights, to the fullest extent permitted by law, including but not limited to:
Caboose Cloth Nappies expressly disclaims any implied or express guarantees, warranties, representations or conditions of any kind, which are not stated in these Terms;
Caboose Cloth Nappies does not warrant that the Site, the Apps, the Services, Products, content on the Site or Apps, or your access to the Site, the Apps or the Services will be error free, that any defects will be corrected or that the Site, the Apps or the server which stores and transmits material to you are free of viruses or any other harmful components;
Caboose Cloth Nappies takes no responsibility for, and will not be liable for, the Site, the Apps, the Services or Products being unavailable, failing to meet your needs, or of being less than merchantable quality; and
Caboose Cloth Nappies will not be liable for any loss, damage, costs or expense whether direct, indirect, incidental, special, consequential, and / or incidental, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress, loss of revenue, production, opportunity, access to markets, goodwill, reputation, use or any indirect, remote, abnormal or unforeseeable loss, or any loss or damage relating to business interruption, loss of programs or other data on your information systems or costs of replacement goods, or otherwise, suffered by you or claims made against you, arising out of or in connection with the Site, the Apps, Services, Content, inability to access or use the Site, the Apps, the Services, the Profile, or the Terms, even if Caboose Cloth Nappies was expressly advised of the likelihood of such loss or damage.
You agree not to attempt to impose liability on, or seek any legal remedy from Caboose Cloth Nappies with respect to such actions or omissions.
Limitation of Liability
Our total liability arising out of or in connection with the Site, the Apps, the Services or the Terms, however arising, including under contract, tort, including negligence, in equity, under statute or otherwise, will not exceed one hundred dollars (AUD$100).
The limitations of damages set forth above are fundamental elements of the basis of the bargain between Caboose Cloth Nappies and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.
his limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms inure to the benefit of Caboose Cloth Nappies.
Any products purchased by You from this Site will be posted by a third party carrier. All title in and risk to such products will pass to You upon delivery to the third party carrier by Caboose Cloth Nappies.
You agree to defend and indemnify and hold us (and our parent, related bodies corporate, officers, directors, contractors, employees and agents) harmless from and against any claims, actions, suits, demands, damages, liabilities, costs or expenses (including legal costs and expenses on a full indemnity basis), including in tort, contract or negligence, arising out of or connected to your use of or access to our Services; any breach by you of these Terms; any wilful, unlawful or negligent act or omission by you; and any violation by you of any applicable laws or the rights of any third party.
We reserve the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will cooperate in asserting any available defences.
This defence and indemnification obligation will survive these Terms and your use of the Site, Apps or Services. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction.
We offer a 30-day money-back guarantee from the time you receive the goods. Please email us at firstname.lastname@example.org within that time if you are not satisfied with your purchase so that we can resolve any issues. Please note it needs to be a legitimate reason for a refund.
We recommend that you return the unused product (they will need to be cleaned and returned) via Registered post and that you pre-pay all postage. You assume any risk of lost, theft or damaged goods during transit and therefore we advise you insure your parcel. Caboose Cloth Nappies will not be responsible for parcels lost or damaged in transit if you choose not to insure.
Please include your original order number so we can track this back to your payment and issue any applicable refund.
Accuracy: While we endeavour to keep the information up to date and correct, we make no representations, warranties or guarantee, express or implied, about the completeness, accuracy, reliability, suitability or availability of any information, images, products, services, or related graphics contained on the Site or Apps for any particular purpose.
You hereby acknowledge that such information and materials may contain mistakes, inaccuracies or errors and we expressly exclude any liability for such to the fullest extent permissible by law.
Termination: We reserve the right to refuse supply of the Services required by you, terminate your account, terminate our contract with you, and remove or edit content on our Site or Apps at our sole discretion, without incurring any liability to you.
Force Majeure: We will not be liable for any delay or failure to perform our obligations under the Terms if such delay is due to any circumstance beyond our reasonable control.
Notice: Any notice in connection with the Terms will be deemed to have been duly given when made in writing and delivered or sent by email, facsimile or post to the party to whom such notice is intended to be given or to such other address, email address or facsimile number as may from time to time be notified in writing to the other party.
Waiver: Any failure by a party to insist upon strict performance by the other of any provision in the Terms will not be taken to be a waiver of any existing or future rights in relation to the provision. No waiver by us of any of the Terms shall be effective unless we expressly state it is a waiver and we communicate to you in writing.
Assignment: You must not assign any rights and obligations under the Terms whether in whole or in part without our prior written consent.
Severability: If any of the Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
Jurisdiction and Applicable Law: These Terms, your use of this Site and the Apps and any dispute arising out of your use of it is subject to the laws of New South Wales, Australia, and subject to the exclusive jurisdiction of the New South Wales courts. The Site and Apps may be accessed throughout Australia and overseas. Caboose Cloth Nappies makes no representation that the content of the Site and Apps complies with the laws (including intellectual property laws) of any country outside Australia. If you access the Site or Apps from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access the Site or Apps. The products referred to in this Site are currently available in Australia and the USA, and may not be available in your country. This Site is controlled and operated by Caboose Cloth Nappies from Australia and we make no representation that the information and materials in this Site, including without limitation, the information and other materials promoting the products identified herein, are appropriate or available for use in other locations.
Entire Agreement: These Terms and any document expressly referred to in them represent the entire agreement between you and Caboose Cloth Nappies, and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing.
For questions or notices, please contact us at: email@example.com