Terms and conditions

Last updated 21 September 2021

 

babymates Terms and Conditions

Introduction and Welcome

Before you use babymates we want you to know both your and our respective rights and obligations.  These are defined in this agreement between Babymates Pty Ltd A.C.N. 649 070 682 (“us”, “babymates”, “our” or “we”) and you (“this Agreement”).

babymates has created an app (“the babymates app” or “the app”), which was created and developed by dads for dads for the purpose of connecting and supporting dads on their journey into parenthood.  The babymates app seeks to encourage dads to develop and build connections, friendships, linkages, communities, events and support networks. We are thrilled to have you join us on this journey.

If you have any questions about this Agreement then please contact us at [email protected].

 

Acceptance of the terms of this Agreement

To access the babymates app, you need to create an account (“Account”) within the app.  By continuing to create an Account after reviewing this Agreement, you agree to be bound, and to abide by this Agreement, our Privacy Policy and our Community Standards

The terms of this Agreement may be changed from time to time at our absolute discretion.  We will endeavour to email all babymates users with an Account regarding such updates.  You should be aware that if you continue to use the babymates app then you agree to the revised terms, which shall form part of this Agreement.

 

Eligibility 

You may use the babymates app only if:

  1. you are legally entitled to enter into a binding contract with babymates; and
  2. you are legally permitted to use the babymates app in your country.


You cannot use babymates if:

  1. you are a registered sex offender in any jurisdiction or are otherwise subject to applicable law, order or legal action barring you from using or accessing an online service that permits use by minor children; or
  2. you are otherwise prohibited by applicable laws from accessing the babymates app or receiving content within the babymates app.

 

We reserve the right to refuse your request for an Account or registration for, access to, or use of the babymates app by any person, entity or household at any time and for any reason.

 

Registration for a babymates Account

In order to create a babymates Account you must sign in via Facebook©, Google©, Apple© or your personal email account.

As part of the registration process, or as part of your continued use of the babymates app, you will be required to provide personal information (as defined in applicable privacy legislation and data protection laws) (“Personal Information”) about yourself and you may be required to provide Personal Information about your partner and your baby or babies (and other children).  Please refer to our Privacy Policy for further detail.  By providing this Personal Information, you acknowledge and agree that your consent has been provided to us to collect this Personal Information and if you are providing Personal Information for anyone else, including your partner, you acknowledge and agree that you have obtained that person’s consent.  

Once you create a babymates Account you authorise us to access and use information from your Google, Facebook or Apple account, for example, including but not limited to your profile photos, location, and information about your Facebook friends.

If you are providing Personal Information about your children, you acknowledge and agree that you are providing your consent as the child’s parent or guardian.  

If you provide any Personal Information without any person’s consent, you agree to indemnify and hold harmless babymates for any losses or damage sustained by babymates as a result of providing that Personal Information without that person’s consent.

You are responsible for all activity that takes place under your Account. You should notify us at [email protected] immediately if you suspect or become aware of any unauthorised use of or access to your Account.

 

Termination of your babymates Account

You may terminate your Account at any time, for any reason, by following the instructions in “Settings” in the babymates app.  

babymates reserves the right to investigate and/or terminate your Account if you have violated the terms of this Agreement, misused the babymates app or behaved in a way that we regard as inappropriate or unlawful, including actions or communications that occur on or off of the babymates app.

 

Access to content 

The babymates app allows users to post, publish, submit, upload, transmit, or otherwise make available content such as but not limited to profile pictures, information, photos, images, music, videos, comments, likes, recommendations, questions, messages (“User Content”). You retain ownership of your User Content.

By making available User Content on the babymates app, you represent and warrant to us that you have all necessary rights and licences to do so.

You agree that we may access, preserve and disclose your Account information and User Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary. This includes any requirement to: 

  1. comply with legal process; 
  2. enforce this Agreement; 
  3. respond to claims that any User Content violates the rights of third parties; 
  4. respond to your requests for customer service; 
  5. protect the rights, property or personal safety of our employees and associated entities; or 
  6. for any other reason which we determine within our sole discretion.

 

In consideration of us allowing you to use the babymates app, you provide your consent to us,  our affiliates, and our third-party partners that we may place advertising material on the babymates app. 

We reserve the right to proactively moderate content although we expressly disclaim any obligation to do so. 

You can report any abuse or make a complaint about any User Content by contacting us, outlining the abuse and/or complaint. Email us at [email protected] 

 

Security of your Account

You are responsible for maintaining the security of your Account including email address, username and password (‘login information’) and you must keep such login information confidential. 

 

Ownership and licensing of content

You also hereby grant each user of the babymates app a non-exclusive license to access your User Content through the babymates app and to use, reproduce, distribute, display, and process such User Content as permitted through the functionality of the babymates app and under the terms of this Agreement.

Other users’ content (“Other User’s Content”) belongs to that user.  You do not have any rights in relation to Other User’s Content unless it is for the babymates app’s purpose to connect and support new dads with their journey into parenthood.

Any other content (excluding User Content and Other User’s Content) such as but not limited to text, graphics, user interfaces, trademarks, logos, sounds, artwork, and other intellectual property appearing on the babymates app are owned, controlled or licensed by us and are protected by copyright, trademark and other intellectual property law rights.

By creating a babymates Account, users grant us, as the owners of the babymates app, a worldwide, transferable, sub-licensable, royalty-free, right and licence to host, store, use, copy, display, reproduce, adapt, edit, publish, modify and distribute information you authorise us to access from Facebook, Apple or Google, as well as any information you post, upload, display or provide as feedback otherwise make available via any means, or transmit to other users. 

Our licence to your User Content shall be non-exclusive, except that it shall be exclusive with respect to derivative works created through use of the babymates app. Furthermore, we can prevent the use of your User Content outside of the babymates app should you authorise us to act on your behalf with respect to infringing uses of User Content taken from the babymates app by other users or third parties. You agree that any User Content you place or that you authorise us to place on the babymates app may be viewed by other users and may be viewed by any visitor or other participant.

Subject to our restrictions of use set out in this Agreement, we grant you a non-exclusive, limited, personal, non-transferable, revocable, license to access and use content within the babymates app (“babymates Content”), without the right to sublicense.

You give us permission to use your name, profile picture, and information about your interactions with the babymates app next to or in connection with adverts, offers, and in connection with our efforts to promote sponsored Content we display on the babymates app, with no compensation to you. We may also post and repost information about your interactions with the babymates app, along with your name and profile picture, in different areas of the babymates app from time to time, including any of your User Content (such as recommendations) for a business in connection with that business’s other ads. When doing so, we will use your personal information in accordance with data protection laws and our Privacy Policy.

Using the babymates app may include downloading software to your computer, phone, tablet, or other device (“Device”). We may require you to accept updates to the babymates app that you have installed on your Device. You acknowledge and agree that we may automatically update that software, and the then-current version of this Agreement will apply to any updates.

 

babymates app restrictions of use

It is a condition of your babymates Account that you consent to us monitoring, reviewing, restricting or deleting any post, or part of a post or other User Content, and that such powers may be exercised in our absolute discretion. In particular, we may delete any User Content, in whole or in part, that in our sole judgment violates this Agreement or may harm the reputation of babymates or any affiliated parties or interests.

When communicating with our staff, employees, agents or other representatives, you agree to be respectful and kind. If we feel that your behaviour towards any of our customer care representatives or other employees is at any time threatening or offensive, we reserve the right to immediately terminate your Account.

By using the the babymates app you agree that you will not: 

  1. use the babymates app for any purpose that is illegal or prohibited by this Agreement;
  2. use the babymates app or any User Content for any commercial or other purposes without our express written consent – such consent to be requested and obtained in advance;
  3. copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, images, trademarks, trade names, service marks, or other intellectual property, any User Content or proprietary information without our prior written consent;
  4. express or imply that any statements you make are endorsed by babymates or any other affiliated party;
  5. upload viruses or other malicious code or otherwise compromise the security of the babymates app;
  6. forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted to or through the babymates app;
  7. use any robot, bot, spider, crawler, scraper, site search/retrieval application, proxy or other manual or automatic device, method or process to access, retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the babymates app or its contents;
  8. use the babymates app in any way that could interfere with, disrupt or negatively affect the babymates app or the servers or networks connected to the babymates app;
  9. “frame” or “mirror” any part of the babymates app without our prior written authorisation;
  10. use meta tags or code or other devices containing any reference to babymates or the babymates app or the service to direct any person to any other website for any purpose;
  11. probe, scan or test the vulnerability of the babymates app or any related system or network;
  12. modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the babymates app, or encourage, facilitate or permit others to do so without our express written consent;
  13. use or develop any third-party applications that interact with the service or Other Users’ Content or information without our written consent;
  14. use, access, or publish the babymates app’s programming interface without our written consent;
  15. use the babymates app for any purpose considered by us as inappropriate or undesirable, or which we reasonably consider may reflect negatively on our name, brand or reputation, commercial interests, or the interests of any affiliated party;
  16. violate our Community Standards;
  17. spam or solicit money from any users;
  18. impersonate any person or entity or post any images of another person without their permission;
  19. bully, stalk, intimidate, assault, harass, mistreat or defame any person or group;
  20. post any User Content that violates or infringes anyone’s rights, including rights of publicity, privacy, copyright, trademark or other intellectual property or contract right;
  21. post any User Content that is hate speech, threatening, sexually explicit or pornographic, incites violence, or contains nudity or graphic or gratuitous violence;
  22. post any User Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or person;
  23. solicit passwords for any purpose, or personal identifying information for commercial or unlawful purposes from other users or disseminate another person’s Personal Information without their consent;
  24. use another User’s Account;
  25. create another Account if we have already terminated your Account;
  26. display any personal contact and banking information. If you do choose to do this it is at your own risk; or
  27. create no more than one Account per person.

 

Privacy

The collection, use, and sharing of your Personal Information is described in our Privacy Policy.

 

Community Standards and safe interactions with others

babymates seeks to encourage and promote a safe and respectful user experience for all users of our app.

babymates is not responsible for the conduct of any user either on, or outside the babymates app. Users should exercise appropriate caution in all interactions with other users, particularly if you decide to communicate outside of the babymates app or meet in person.

 

Third party stores (including premium services and in-app purchases)

The babymates app may be dependent on and/or interoperate with third-party owned and/or operated platforms and services, e.g., Apple (iTunes, etc.), Google, etc. (each, a “Third Party Platform”) and may require that you be a registered member of such Third Party Platforms and provide certain account credentials and other information in order to access the babymates app. By using the babymates app, you agree to comply with any applicable terms or requirements promulgated by any provider of a Third Party Platform (e.g., Facebook’s Terms of Use, iTunes Store Terms of Use, etc.).

 

Liability

You are responsible and liable for your User Content and will indemnify, defend, release, and hold us harmless from any claims regarding your User Content.

babymates’ liability for all claims arising under or related in any way to this Agreement no matter how arising, and whether in contract, tort (including negligence), or otherwise, will not exceed the amount of the fees paid by you to us.

babymates will not be liable for any consequential loss arising under or related in any way to this Agreement no matter how arising and whether in contract, tort (including negligence) or otherwise.

babymates and the directors, employees, officers, agents and representatives of babymates will not be liable for any loss or damage (including any direct, indirect or consequential loss or damage) you or any third party may incur from your use of the babymates app. 

babymates is not liable if a failure to operate the babymates app is the result of improper use or mismanagement by you, from the failure of equipment or computer software not supplied by babymates or from a computer software virus.

You shall indemnify babymates from, and defend and hold babymates harmless from and against any and all damages, losses, liability and expenses (including reasonable legal fees) suffered or incurred by babymates or to which babymates becomes subject, arising out of or relating to any claim.

 

Venue, jurisdiction and governing law

The services offered by babymates are intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the babymates app, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales, Australia.

This Agreement is governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to this Agreement and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia