General Terms and ConditionsBy accessing the Tell Me Baby Service (ABN 25 155 148 093) (Tell Me Baby or We/we or Our/our or Us/us) through our website or any other interface that we may provide in the future such as mobile phone applications, immediately and from your very first access of the Tell Me Baby Services, you unconditionally and irrevocably agree to be bound by the Terms of Service of the Tell Me Baby Service (“Terms”), all applicable laws and/or regulations and you agree that you are responsible for this compliance.We may, from time to time, also have other terms that will be presented to you when you are using the Tell Me Baby Service (such as but not limited to age restrictions to the extent permissible by law); and when this occurs, those terms will form part of our Terms.DefinitionsThroughout this document, the following terms have the following meaning:“Tell Me Baby” means Tell Me Baby (ABN 25 155 148 093), and the terms ‘our’, ‘we’ and ‘us’ used throughout this document refers to Tell Me Baby and the ‘Tell Me Baby Service’ it provides;“Our Websites” means the websites tellmebaby.com.au.“User” refers to any person who has access to the Tell Me Baby Service either as a guest or through a registered account and login and the terms ‘you’, ‘your’ are used throughout this document to refer to the User;The “Tell Me Baby Service” refers to the service being provided by Tell Me Baby through various methods which include our Websites, our Tell Me Baby Rewards Program, our mobile applications and any other lawful and unlawful access of the Tell Me Baby Services through any interface we may develop.Eligibility and RegistrationTo be eligible for registration and use of the Services you must:be at least sixteen (16) years of age;only use the Services for their intended purpose; anduse Services legally pursuant to your state.Confidential Information You may be given a unique username and password to access the Website and Tell Me Baby login area. It is your responsibility only to ensure these details are kept confidential, safe and secure. No further personal information is recorded on the Website. For more information on User information storage see the Privacy Policy on our Website.User Personal DataTo customise and optimise your experience on Tell Me Baby, we collect and store the personal data you give to Tell Me Baby. Please read our Privacy Policy for an explanation of how we may use your information and your rights in this regard.This information may be collected throughout the registration and login processes.In connection with your use of the Tell Me Baby Services, we may, from time to time, send you service announcements, administrative messages and other information. You may opt out of some of those communications by emailing enquiries@tellmebaby.com.au.Except for your first name, last name, Tell Me Baby statistics and the contact you create, share and/or post, Tell Me Baby will keep the rest of your personal data private and will use reasonable endeavours to not share it with anyone; unless you decide to make your sensitive data (such as, but not limited to, religious beliefs or political views) public.User’s Obligations and the Tell Me Baby RulesWe will use our reasonable endeavours to maintain Tell Me Baby as a safe, fair and informative website. All Users of the Tell Me Baby Service irrecoverably and unconditionally agree that they will not engage in any act or omission, that directly and/or indirectly constitutes or may directly and/or indirectly constitute:a breach of any applicable laws and/or regulations;bullying, harassment and/or intimidation of another user;violation of our Product Review Policy (as set out below) when posting your reviews, comments, questions and answers;posting content that is hateful, threatening, pornographic, unethical, religious, incites violence, or contains graphic and/or gratuitous violence;posting any content that violates any intellectual property rights, including copyright, trademark and other proprietary rights;unauthorised commercial communications, such as, but not limited to, spam;impersonation of any person and/or organization and/or false stating an affiliation with a person and/or organization;posting any information and/or data or accessing The Tell Me Baby Service using automated methods (such as, but not limited to, harvesting bots, robots, spiders, or scrapers) without our written permission;using the Tell Me Baby Service in a manner contrary to the use we have authorised such as, but not limited to, interfering with the Tell Me Baby Services;soliciting login information and/or accessing an account belonging to someone else;registration of more than one account on the Website and/or registration of any other account if your primary account has been terminated or suspended;use the Website in any way or take any action that could harm, disable, overburden or otherwise impair performance, availability or accessibility of the Website;accessing the Tell Me Baby Service through a method other than the interface and the instructions that we have provided;reproduce, download, send, sell, resell, transmit or otherwise post and/or distribute unauthorised advertising information, spam (including spamdexing), lists of e-mail addresses of other people, pyramid schemes, multilevel marketing (MLM), Internet earning systems and e-mail businesses, chain letters as well as use the Website for participation in any of the above;conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our Website without our express written consent; and/ordistribute, on or through this Website, any advertising, promotion, solicitation for goods, services or funds.Further, all Users agree that they will not engage in any of the following conduct:any actions that could disable, overburden, or impair the proper working of Tell Me Baby, such as a denial of service attack; and/orthe uploading of viruses and/or other malicious code facilitating, promoting and/or encouraging any violations of our Terms.We reserve the right to suspend or stop providing the Tell Me Baby Service to you at any time at our sole discretion if we deem in our absolute discretion that you have not complied with our Terms or policies, if we suspect you of misconduct and/or are investigating you for any suspected misconduct.Registration and Account SecurityAll Users agree to and will submit to and abide the following obligations when they register and maintain an account with the Tell Me Baby Service:users will only create an account for themselves, unless, to the extent permissible by law, they have the express written permission and authorisation to create an account on behalf of another person;if an account is disabled, you will not create another account without our express written permission;you will not use Tell Me Baby if you are under 16 years of age;you will not join Tell Me Baby or provide your personal information if you are under 15 years of age and do not have the permission of your guardian/s or parent/s;you will take reasonable measures to protect the security of your account, this includes not disclosing your password, not allowing another person to access your account, and/or taking any other actions that may directly and/or indirectly jeopardise the security of your account;you will not transfer your account (including any page and/or application you administer) to anyone without first requesting and obtaining our written permission; andwe reserve the right to remove or reclaim any username you create if we deem, in our sole discretion, that it is inappropriate and we may invite you to create a different username.Any actions made with your account are deemed to be carried out by you. We do not have the means to check the identities of people using the Website and will not be responsible for losses suffered by you where your password or username is used by someone else unless this is due to our negligence.If you become aware of any unauthorised or potential unauthorised use of your password and/or account, please contact us at enquiries@tellmebaby.com.au. Whilst we exercise reasonable endeavours to protect the security of your account, we do not accept any liability for any loss and/or damage from the unauthorised access of your account by a third party.
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