Terms of service

WEBSITE TERMS OF USE

Essentially Bub Pty Ltd ABN 68644066722 (we, our or us) operates this website (Site). The domain address of the Site is: https://essentiallybub.com/ and it may also be available through other addresses or channels.

You agree to be bound by these Terms

By using our Site, you agree to be bound by these Site terms of use (Terms) and the Privacy Policy available on our Site. Please read these Terms and if you don’t agree to them, then you should stop using our Site at once.

When we can change these Terms

We may change these Terms and anytime by publishing the varied terms on our Site. Make sure you come back and check the Terms on a regular basis to ensure you are up to date with the current Terms.

Changes to the Site

Materials and information on this Site (Content) are also subject to change without notice. While we try to keep our Site current, we do not make any promises or undertake to keep our Site up-to-date and are not liable if any Content is inaccurate or out-of-date.

The way in which you use the Site

You have no ownership in the Site. We own the Site and grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use the Site.

You may not use the Site in any other way without our agreement in writing. All other uses of this Site must be in accordance with these Terms.

We do not permit you to:

copy Content or any other details on our Site;
use or copy our Site or Content in any way that competes with our business; or
breach our copyright or other intellectual property in the Site.

Behaviour on the Site

When you use our Site, we expect you to abide by a clear standard of behaviour. You must not do, or attempt to do anything:

that is unlawful;
prohibited by law
we would reasonably consider inappropriate; or
that might bring our Site or us into disrepute.

This includes (without limitation):

anything that would breach the privacy of an individual;
using our Site to defame, harass, threaten, menace or offend any person;
interfering with any user using our Site;
tampering with or modifying our Site;
intentionally transmitting viruses to our Site;
intentionally transmitting disabling or damaging features to our Site;
interfering with our Site, including the use of Trojan horses, viruses, piracy or programming routines that may damage our Site;
using our Site to send unsolicited email messages; or
assisting a third party to do any of the above.

Information only

The content on our Site provides a summary and general overview of our business and the products we sell. The information we provide may be helpful to you, however it is not intended to be comprehensive or specific, and we do not have any obligation to you in this regard. In particular, we do not advocate how or when to put your baby to sleep, feed your baby or make any specific claims in relation to sun protection. In buying our products you must make your own enquiries and investigations.

Disclaimer

We use reasonable commercial efforts to ensure the accuracy and completeness of the Content on our Site. However, to the maximum extent permitted by law, we make no representation, warranty or guarantee with respect to the Content or the likely outcomes you will get if you action the information on our Site and apply it to your situation or life. You should always get professional advice about your circumstances from an appropriate professional.

Please note that while we may sell products relating to baby’s sleep, government guidelines can differ depending on where you are located in relation to safe sleeping guidelines for infants and you should make your own enquiries as to the relevant safe sleeping guidelines and regulations in this regard before purchasing. Please see our Terms of Purchase for more information.

Intellectual Property rights

Unless we state otherwise on the Site, we own or licence all rights, title and interest (including intellectual property rights) in our Site and Content.

Your use of our Site and your use of and access to the Content does not grant to you or transfer any rights, title or interest in relation to our Site or our Content. You must not:

copy or use any Content from our Site (in whole or part);
reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party; or
breach any intellectual property rights connected with our Site or our Content, including (without limitation) altering or modifying any of our Content, causing any of our Content to be framed or embedded in another website or platform, or creating derivative works from our Content.

Third party sites and software tools

Our Site may contain links to websites or software tools operated by third parties (Third Party Sites). Unless stated on our Site, we are not responsible for the content or any software tools on Third Party Sites. Further, we do not control, endorse or approve any Third Party Sites. Your access and use of Third Party Sites is entirely at your own risk and it is your responsibility to ensure you approve of the terms on which you access and/ or use the Third Party Sites.

Content you upload to our Site

We encourage you to interact with our Site. We may permit you to post, upload, publish, submit or send (upload) information and content to our Site (User Content).

If you upload User Content to our Site, you grant us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence for the User Content. This means we are able to use, view, copy, adapt, modify, distribute, licence, transfer, communicate, display, publicly perform, transmit, stream, broadcast, access, or otherwise use the User Content on, through or by means of our Site.

You agree that you are responsible for all User Content that you upload and warrant that:

you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in the User Content (as contemplated by these Terms); and
the User Content, your upload of the User Content or our use of it on, through or by means of our Site will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation (including defamation laws).

We do not endorse or approve, and are not responsible for, any User Content. We may, at any time remove any User Content you upload at our discretion.

Warranties and disclaimers

To the maximum extent permitted by law, we make no representations or warranties about our Site or Content, including (without limitation) that:

it is complete, accurate, reliable, up-to-date and suitable for any particular purpose;
you will have uninterrupted access;
it will be error-free or free from viruses; or
our Site will be secure.

You read, use and act on our Site and our Content at your own risk.

Limited Liability

To the maximum extent permitted by law, we are not responsible for any loss, damage or expense, however it arises, whether direct or indirect and/or whether present, unascertained, future or contingent (Liability) suffered by you or any third party, arising from or in connection with your use of our Site and/or our Content and/or any inaccessibility of, interruption to or outage of our Site and/or any loss or corruption of data and/or the fact that our Content is incorrect, incomplete or out-of-date.

Indemnity

To the maximum extent permitted by law, you must indemnify us, and hold us harmless, against any Liability suffered or incurred by us arising from or in connection with your use of our Site or any breach of these Terms or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligation under these Terms, and continues after these Terms end. It is not necessary for us to suffer or incur any Liability before enforcing a right of indemnity under these Terms.

Removing our Site (or your access to it)

We may, at any time and without notice to you, discontinue our Site, in whole or in part. We may also exclude any person (including you) from using our Site, at any time at our discretion. We are not responsible for any loss, damage or Liability you may suffer arising from or in connection with any such discontinuance or exclusion.

Termination

These Terms are effective until terminated by us, which we may do at any time and without notice to you. In the event of termination, all restrictions imposed on you by these Terms and limitations of liability set out in these Terms will survive.

What happens if part of these Terms is not right?

If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision must be read down as narrowly as necessary to allow it to be valid or enforceable. If it is not possible to read down a provision (in whole or in part), that provision (or that part of that provision) is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.

The law that applies to these Terms

The laws of Queensland, Australia, govern these Terms. If you access our Site throughout Australia or overseas, we make no representation that our Site complies with the laws (including intellectual property laws) of any State outside Queensland and/or country outside Australia. If you access our Site from outside Australia, you do so at your own risk and are responsible for complying with the laws of the jurisdiction where you access our Site.

For any questions and notices, please contact us at:

Essentially Bub Pty Ltd ABN 68644066722

Email: hello@essentiallybub.com

Last update: 29 November 2022

Purchase Terms & Conditions

This online platform (Platform) is operated by Essentially Bub Pty Ltd ABN 68644066722 (we, our or us). It is available at https://essentiallybub.com/ (Website) and at any other third party application or site we choose to use now or in the future.

Acceptance

By accessing and/or using our Platform, you; each person, entity or organisation using our Platform (referred to as you) (i) warrant to us that you have reviewed these terms and conditions, including our Privacy Policy (available on the Platform) (Terms), with your parent or legal guardian (if you are under 18 years of age); (ii) warrant to us that you have the legal capacity to enter into a legally binding agreement with us or (if you are under 18 years of age) you have your parent’s or legal guardian’s permission to access and use the Platform and they have agreed to the Terms on your behalf; and (iii) agree to use the Platform in accordance with these Terms.

Registration

You can browse and view the Platform as an unregistered user of the Platform. You must register on the Platform and create an account (Account) to access some features on the Platform, such as the purchase of goods, services and any other products (Goods). You agree to provide current, complete and accurate account information when creating an Account.

Our Contract

When you place an order via our website (Order), you will receive an acknowledgement e-mail confirming receipt of your order which will be an acknowledgement only and will not constitute acceptance of your Order. A contract between us will not be formed until we send you confirmation by e-mail that the goods in your Order have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed. If you make more than one Order a new contract will be created each time you place an Order.

Privacy and availability

We use our best efforts to try and ensure that all details, descriptions and prices that appear on this Website are accurate, however errors may occur. If we discover an error in the price of any Goods advertised, we will correct the error within a reasonable time. Delivery costs will be charged in addition to the purchase of Goods at our discretion and depending on your location; such additional charges are clearly displayed where applicable and included in the “Total Cost” at checkout. You acknowledge that the prices for the Goods are subject to change without notice at any time.

Our Goods may be limited in stock and in terms of the countries where it can be delivered. We reserve the right to refuse any order you place with us and limit or cancel quantities purchased per person, per household or per order. In the event we make a change to or cancel an order, we will notify you by contacting the email and/ or billing address and/ or phone number provided at the time of ordering.

Fees and Payments

It is free to register an Account on the Platform. Any payments will be made through our third party payment processor or by any other payment method set out on the Platform. To the extent permitted by law, our service fee is non-cancellable and non-refundable. We set out a number of payment methods on the Platform. The payment method you choose may be subject to additional terms and conditions imposed by the applicable third party payment processor; please review these terms and conditions before using your selected payment method.

The Goods

(a) Our Goods include:

Bubbahood®;
bamboo jersey swaddles; and
any other goods which we may decide to sell from time to time.

(b) You acknowledge and agree that our Goods may be amended, removed or varied by us without prior notice to you at our sole discretion at any time.

Delivery of your Order

When delivering Goods purchased on the website we will only deliver to the individual listed on the Order, and where requested, you must provide us, or our third party couriers (where applicable), with acceptable forms of identification on delivery, such as a passport or drivers’ licence to enable us to verify your identity.
You must be present at the delivery address to accept delivery of your Order. If you are not present at the delivery address at the time we deliver your order, then you will be notified, generally by a card that we, or our delivery company, will leave at the delivery address. We may attempt to re-deliver your Order. If you provide an incorrect delivery address or you are not present to accept delivery of your Order after a number of attempts have been made to deliver your Order, we may cancel your Order and provide you with a refund.
All standard orders in Australia are delivered personally by our representative or sent by a postage provider of our choice without insurance but with tracking where possible. The choice of delivery method will be dependent upon your physical location and any options you select at checkout when placing your Order.
Where we offer International Orders, the terms of delivery and postage fees will be listed on our Website, noting that the choice of our delivery method, or whether we deliver to your country will be entirely at our discretion.
While we do everything we can to ensure your order is delivered in a timely manner, we will not be liable for any loss or damage incurred by any person as a result of delay caused by our carrier that we have no control over or by any event which is out of our reasonable control or foresight including but not limited to any delay caused by an incorrect delivery address being provided to us.
Insurance is available at an extra cost on all delivery services. We will not cover any loss of goods that are not insured.
For non-delivery of goods, please notify us by email as soon as possible.

Receipt of Goods

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 24 hours 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 us within 24 hours after receipt of the Goods by you.
This paragraph does not apply if the Goods are subject to consumer guarantees imposed under the Australian Consumer Law — where consumer guarantees apply.

Refund and Cancellation Policy

Please choose carefully. We do not normally give refunds if you change your mind or make the wrong decision. Any refund will be at our absolute discretion.

Collection of information

We collect personal information about you in order to enable you to access and use the Platform, to contact and communicate with you, to respond to your enquiries and for other purposes set out in our Privacy Policy. Our Privacy Policy contains further information about: (i) how we store and use your personal information; (ii) how you can access and seek correction of your personal information; (iii) how you can make a privacy-related complaint; and (iv) our complaint handling process. By providing personal information to us, you consent to us collecting, holding, using and disclosing your personal information in accordance with our Privacy Policy.

Intellectual Property rights

Unless otherwise indicated, we own or licence all rights, title and interest (including intellectual property rights) in our Platform and all of the Content. Your use of our Platform and your use of and access to any Content does not grant or transfer to you any rights, title or interest in relation to our Platform or the Content.

You must not, without the prior written consent of ourselves or the owner of the Content (as applicable):

(a) copy or use, in whole or in part, any Content;

(b) reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party; or

(1) altering or modifying any of the Content;

(2) causing any of the Content to be framed or embedded in another website; or

(3) creating derivative works from the Content.

You acknowledge that our Bubbahood® range is currently subject to a Design application with IP Australia (Design Application No. 202216086).

User Content

You may be permitted to post, upload, publish, submit or transmit relevant information and content, including Reviews (User Content) on our Platform. By making available any User Content on or through our Platform, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, adapt, modify, distribute, license, sell, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content on, through, or by means of our Platform.

You agree that you are solely responsible for all User Content that you make available on or through our Platform. You represent and warrant that:

(a) you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content as contemplated by these Terms; and

(b) neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of our Platform will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

We do not endorse or approve and are not responsible for any User Content. We may, at any time at our sole discretion, remove any User Content.

Discontinuance

We may, at any time and without notice to you, discontinue our Platform, in whole or in part. We may also exclude any person from using our Platform, at any time at our sole discretion. We are not responsible for any Liability you may suffer arising from or in connection with any such discontinuance or exclusion.

Consumer Guarantees

(a) Certain legislation including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth), and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to our provision of our services which cannot be excluded, restricted or modified (Statutory Rights).

(b) Nothing in these Terms excludes your Statutory Rights as a consumer under the ACL.

Limitation on Claims

We have no liability to the extent that our performance of the contract is prevented by force majeure. For these purposes, “force majeure” means any occurrence or omission as a direct or indirect result of which we are prevented from or delayed in performing any of our obligations, is beyond our reasonable control and which could not have been prevented or mitigated by reasonable diligence or precautionary measures, including forces of nature, natural disasters, acts of terrorism, riots, revolution, civil commotion, epidemic, industrial action and action or inaction by a government agency.
We have no liability to the extent that a failure of the Goods is attributable to any act or omission on your part, including where you do not follow appropriate instructions or safety measures in using the Goods, where applicable.
Our liability for failure to comply with a consumer guarantee is limited to:
in the case of Goods supplied by us, the replacement of the Goods or the supply of equivalent Goods (or the payment of the cost of the replacement or supply); and
in the case of services supplied by us, the supply of the services again or the payment of the cost to the Customer of having the services supplied again.
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.
In all other respects, our total liability for loss or damage of every kind, whether:
- arising pursuant to the terms of service; or
- 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.

Except as otherwise stipulated in these terms and to the maximum extent permitted by law, we do not accept liability to you in respect of any indirect or direct loss or damage (including loss of profits, loss of data, loss of revenue and loss of savings) which may be suffered or incurred by you in respect of goods or services supplied pursuant to these terms.
Where you have asked us to recommend a product for your use, we make such recommendations on the information provided to us by you and will not be liable if the products purchased fail to meet your requirements, particularly where we have not been made aware of the full circumstances of the intended use or your specific situation.
This clause will survive the termination or expiry of these Terms.

Warranty disclaimer

To the extent permitted by law, any condition or warranty that would otherwise be implied into these terms and conditions is excluded.

Indemnity

You agree to at all times indemnify us, and keep us indemnified from and against any loss (including legal costs on a full indemnity basis) or liability incurred or suffered by you or by us arising from any claim, demand, suit or action or proceed by any persona against you or us where you such loss or liability arose out of or in connection with your conduct or breach of these terms of use or use of this Website or Platform or any information you provide via this Website or any damage caused to this Website.

Disclaimer

You acknowledge and agree to the purchase of our Goods on the following basis:

(a) our bubbahood® range aims to help create a tranquil and intimate environment to assist in a quality breastfeed and a calm space for your baby to sleep, however you acknowledge that each baby is different and what is effective for one baby may not work for another. We do not guarantee that your baby will like or respond positively to the bubbahood® design or be able to breastfeed or sleep while it is being used;

(b) while we may sell products to assist with newborn or infant sleep, such as swaddles, it is your responsibility to ensure you follow relevant safe sleeping guidelines for your baby at all times. Safe sleeping guidelines for infants may differ depending on your location and we recommend you make enquiries and check the guidelines relevant to you. You are solely responsible for the safety of your baby and you agree that we are not responsible for and you indemnify us in relation to any injury, death, damage or loss which occurs from any misuse of our products or where you have failed to comply with relevant safe sleeping guidelines for your baby;

(c) the bamboo fabric from which our Goods are made does not have a UPF rating as at the date of drafting these terms of purchase and your use of the Goods is at your own risk. We recommend that additional sun protective measures be taken in relation to your baby to protect from UV rays in accordance with sun safe government guidelines;

(d) the carer of the baby who uses the Goods has the ultimate responsibility in the wellbeing and health of the baby; and

(e) while we do our best to display true fabric colours for our Goods on the Website, you acknowledge that due to differences in monitor displays, the colours may differ slightly in real life than on our Website.

Waiver

Any waiver of any provision of the terms of service will be effective only if in writing and signed by us. Without limiting the foregoing, if you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

Infection control

While we use the best hygiene possible at our end, we cannot guarantee that the packaging is free of infection and we recommend that you also exercise precaution by using hand washing and sanitization following when unpacking the products. We reserve the rights to rely on indemnity in this regard.

General

Variation: We may modify these Terms from time to time by posting the amended Terms on the Platform. By continuing to use the Platform after any such modification, you agree to the amended terms. If you do not agree to the modifications, you must terminate your Account and stop using the Platform.

Severance: The provisions of these Terms are severable and if any provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.

Jurisdiction: These Terms, and your Order, are governed by the laws of Queensland. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in Queensland and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.

Entire Agreement: These terms constitute the entire agreement between you and us.

For any questions and notices, please contact us at:

Essentially Bub Pty Ltd ABN 68644066722

Email: hello@essentiallybub.com

Last update: 30 November 2022