Terms and Conditions

The purpose of BabyPeg is to improve the experience of being, doing and becoming a mother & parent. We exist to help our members and the wider community. We value the contribution that our BabyPeg community can bring and above all aim for the platform to be helpful, useful and empowering. We expect any users of the platform would use the platform in this spirit and maintain a positive culture through all interactions on our platform and social media posts. Our terms of use are here to outline our responsibilities as well as the member or visitor's responsibilities when using our service.

Above all, any information on this website serves to provide general ideas for informational and educational purposes only. We encourage users to investigate several information sources, including, where necessary, independent individualised medical advice before making any decisions which could affect you or your child’s health or wellbeing. 

BabyPeg Terms of Use

Duon Tech Pty Ltd (ACN 618 497 279) (BabyPeg) owns and operates the BabyPeg website, app and social media accounts. Access to and use of this Website and the products and services available through BabyPeg (collectively, Services) is subject to the following terms, conditions and notices (Terms of Use). By using the Services, you are agreeing to all of the Terms of Use, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Use.

  1. Amendments to Terms of Use

 

      1. BabyPeg reserves the right to amend these Terms of Use from time to time. Amendments will be effective immediately upon notification on BabyPeg. Your continued use of the Website following such notification will represent an agreement by you to be bound by the terms and conditions as amended.

  1. Website

 

      1. Access to BabyPeg is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason BabyPeg is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of BabyPeg.

  1. Linked sites and Affiliation

 

      1. BabyPeg may contain links to other websites (Linked Sites), which are not operated by BabyPeg. BabyPeg has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the Terms of Use and service contained within each such site.

      2. Linked Sites may have affiliation agreements with BabyPeg, whereby BabyPeg receives income if a link is accessed. Where an affiliation agreement exists, BabyPeg will provide a notification near the relevant link.

  1. Privacy policy

      1. Our privacy policy, which sets out how we will use your information, can be found at https://babypeg.com/privacy-policy. By using BabyPeg, you consent to the processing described the privacy policy and warrant that all data provided by you is accurate.

  1. Collaboration

 

      1. BabyPeg is open to discussing collaboration opportunities that provide a better experience for its users. If you are interested in discussing a collaboration, please contact us.

  1. Prohibitions 

 

      1. You must not misuse BabyPeg. You will not:

        1. commit or encourage a criminal offence;

        2. transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene;

        3. hack into any aspect of the Service; corrupt data; cause annoyance to other users;

        4. infringe upon the rights of any other person's proprietary rights;

        5. send any unsolicited advertising or promotional material, commonly referred to as "spam";

        6. attempt to affect the performance or functionality of any computer facilities of or accessed through BabyPeg; or

        7. cause harm to any person or organization, including but not limited to engaging in harassing behaviour, using offensive language, or causing emotional distress.

Breaching this provision may constitute a criminal offence and BabyPeg will report any such breach to the relevant law enforcement authorities and disclose your identity to them.

      1. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of BabyPeg or to your downloading of any material posted on it, or on any Linked Sites.

  1. Intellectual property, software and content 

 

      1. The intellectual property rights in all software and content (including photographic images) made available to you on or through BabyPeg remain the property of BabyPeg, its licensors, and any other third party intellectual property owners and are protected by copyright laws and treaties around the world. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on BabyPeg nor may you use any such content in connection with any business or commercial enterprise.

      2. If you upload, link, or otherwise connect any content to BabyPeg, it is your responsibility to ensure that you have the necessary permissions and consents from the owner of any intellectual property contained in the content. You must not upload, link or otherwise connect any content where you do not have the proper permission of the intellectual property owners. If you do not comply with this clause, you agree to indemnify BabyPeg, to the fullest extent permitted by law, against any loss or damage suffered due to your non-compliance.

      3. We may remove any content that you have uploaded, linked, or otherwise connected to BabyPeg if we reasonably believe or suspect that you are in breach of clause 6.

  1. Disclaimer of liability

 

      1. Subject to any non-excludable consumer guarantees and other consumer protection provisions set out in the Australian Consumer Law, the material displayed on BabyPeg is provided without any guarantees, conditions or warranties as to its accuracy.

      2. You acknowledge and agree that BabyPeg provides a forum for information about products to be shared, and that unless otherwise expressly stated in relation to a product, BabyPeg does not provide any representations or endorsements as to the quality and suitability of products.

      3. To the fullest extent permitted by law BabyPeg hereby expressly excludes all warranties and other terms which might otherwise be implied by statute, common law or the law of equity and must not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of BabyPeg or the Linked Sites and any materials posted on those sites, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.

      4. This does not affect BabyPeg's liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.

  1. Linking to BabyPeg

 

      1. You may link to our content, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. BabyPeg must not be framed on any other site, nor may you create a link to any part of BabyPeg other than the home page. We reserve the right to withdraw linking permission without notice.

      2. We will require you to follow any guidelines or policies regarding linking that we may put in place from time to time.

  1. Disclaimer as to ownership of trademarks, images of personalities and third party copyright

 

      1. Except where expressly stated to the contrary all persons (including their names and images), third party trademarks and content, services and/or locations featured on BabyPeg are in no way associated, linked or affiliated with BabyPeg and you should not rely on the existence of such a connection or affiliation. Any trademarks/names featured on BabyPeg are owned by the respective trademark owners. Where a trademark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to BabyPeg.

  1. Indemnity

 

      1. You agree to, to the fullest extent permitted by law, to indemnify, defend and hold harmless BabyPeg, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages or costs (including, but not limited to, legal fees) arising from your use of BabyPeg or your breach of the Terms of Use, including but not limited to the following:

        1. You acknowledge and agree that any articles published on BabyPeg from time to time are for information purposes, and provide general advice. You warrant and agree that you will not rely upon any information in the articles, and that you will seek independent professional advice.

        2. You acknowledge and agree that BabyPeg is relying on publicly available information regarding the products and services that are displayed on BabyPeg, and cannot guarantee or warrant the accuracy of the information.

        3. You acknowledge and agree that BabyPeg will use reasonable endeavours to provide any material safety or recall information about the products and services displayed on BabyPeg, but that it cannot guarantee or warrant that all information will be accurate or up to date. You agree to rely upon your own enquiries when purchasing and using services displayed on BabyPeg.

  1. Variation

 

      1. BabyPeg must have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services or any page of BabyPeg.

  1. Invalidity

 

      1. If any part of the Terms of Use is unenforceable (including any provision in which we exclude our liability to you), the enforceability of any other part of the Terms of Use will not be affected, and all other clauses remain in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause must be interpreted accordingly. Alternatively, you agree that the clause must be rectified and interpreted in such a way that closely resembles the original meaning of the clause/sub-clause as is permitted by law.

  1. Complaints

 

      1. We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.

  1. Contact Details

 

      1. If you would like to contact us for any reason, our details are:

Email: admin@babypeg.com

Post: Duon Tech Pty Ltd, PO Box 5338, Erina, NSW 2250, Australia

Phone: +61 402719686