Term And Conditions

Term And Conditions

1. Introduction

1.1 These terms and
conditions shall govern your use of BabyInfo.

1.2 By using BabyInfo,
you accept these terms and conditions in full; accordingly, if you disagree
with these terms and conditions or any part of these terms and conditions, you
must not use BabyInfo.

1.3 If you [register
with BabyInfo, submit any material to BabyInfo or use any of BabyInfo
services], we will ask you to expressly agree to these terms and conditions.

1.4 You must be at
least [18] years of age to use BabyInfo; by using BabyInfo or agreeing to these
terms and conditions, you warrant and represent to us that you are at least
[18] years of age.

1.5 BabyInfo uses
cookies; by using BabyInfo or agreeing to these terms and conditions, you
consent to our use of cookies in accordance with the terms of our [privacy and
cookies policy].

2. Credit

2.1 This document was
created

3.1 Subject to the express provisions of these terms and
conditions:

(a) we, together with
our licensors, own and control all the copyright and other intellectual
property rights in BabyInfo and the material on BabyInfo; and

(b) all the copyright
and other intellectual property rights in BabyInfo and the material on BabyInfo
are reserved.

4. Licence to use website

4.1 You may:

(a) view pages from BabyInfo
in a web browser;

(b) download pages
from BabyInfo for caching in a web browser;

(c) print pages from BabyInfo;

(d) [stream audio and
video files from BabyInfo]; and

(e) [use [BabyInfo
services] by means of a web browser], subject to the other provisions of these
terms and conditions.

4.2 Except as
expressly permitted by Section 4.1 or the other provisions of these terms and
conditions, you must not download any material from BabyInfo or save any such
material to your computer.

4.3 You may only use BabyInfo
for [your own personal and business purposes], and you must not use BabyInfo
for any other purposes.

4.4 Except as
expressly permitted by these terms and conditions, you must not edit or
otherwise modify any material on BabyInfo.

4.5 Unless you own or
control the relevant rights in the material, you must not:

(a) republish material
from BabyInfo (including republication on another website);

(b) sell, rent or
sub-license material from BabyInfo;

(c) show any material
from BabyInfo in public;

(d) exploit material
from BabyInfo for a commercial purpose; or

 (e) Redistribute
material from BabyInfo.

4.6 Notwithstanding
Section 4.5, you may redistribute [our newsletter] in [print and electronic
form] to [any person].

4.7 We reserve the
right to restrict access to areas of BabyInfo, or indeed our whole website, at
our discretion; you must not circumvent or bypass, or attempt to circumvent or
bypass, any access restriction measures on BabyInfo.

5. Acceptable use

5.1 You must not:

 (a) use BabyInfo in
any way or take any action that causes, or may cause, damage to the website or
impairment of the performance, availability or accessibility of the website;

(b) use BabyInfo in
any way that is unlawful, illegal, fraudulent or harmful, or in connection with
any unlawful, illegal, fraudulent or harmful purpose or activity;

 (c) use BabyInfo to
copy, store, host, transmit, send, use, publish or distribute any material
which consists of (or is linked to) any spyware, computer virus, Trojan horse,
worm, keystroke logger, rootkit or other malicious computer software;

(d) [conduct any
systematic or automated data collection activities (including without
limitation scraping, data mining, data extraction and data harvesting) on or in
relation to BabyInfo without our express written consent];

(e) [access or
otherwise interact with BabyInfo using any robot, spider or other automated
means[, except for the purpose of [search engine indexing]]];

 (f) [violate the
directives set out in the robots.txt file for BabyInfo]; or

(g) [Use data
collected from BabyInfo for any direct marketing activity (including without
limitation email marketing, SMS marketing, telemarketing and direct mailing)].

5.2 You must not use
data collected from BabyInfo to contact individuals, companies or other persons
or entities.

5.3 You must ensure
that all the information you supply to us through BabyInfo, or in relation to BabyInfo,
is [true, accurate, current, complete and non-misleading].

6. Registration and
accounts

 6.1 To be eligible for
an individual account on BabyInfo under this Section 6, you must be at least 18
years of age.

6.2 You may register
for an account with BabyInfo by [completing and submitting the account
registration form on BabyInfo, and clicking on the verification link in the
email that the website will send to you].

 6.3 You must not allow
any other person to use your account to access the website.

6.4 You must notify us
in writing immediately if you become aware of any unauthorised use of your
account.

6.5 You must not use
any other person’s account to access the website[, unless you have that
person’s express permission to do so].

7. User login details

7.1 If you register
for an account with BabyInfo, [we will provide you with] OR [you will be asked
to choose] [a user ID and password].

7.2 Your user ID must
not be liable to mislead and must comply with the content rules set out in
Section 10; you must not use your account or user ID for or in connection with
the impersonation of any person.

7.3 You must keep your
password confidential.

7.4 You must notify us
in writing immediately if you become aware of any disclosure of your password.

7.5 You are
responsible for any activity on BabyInfo arising out of any failure to keep
your password confidential, and may be held liable for any losses arising out
of such a failure.

8. Cancellation and
suspension of account

8.1 We may:

(a) [suspend your
account];

(b) [cancel your
account]; and/or

(c) [Edit your account
details], at any time in our sole discretion without notice or explanation.

8.2 You may cancel
your account on BabyInfo [using your account control panel on the website].

9. Your content:
licence

9.1 In these terms and
conditions, “your content” means all works and materials (including
without limitation text, graphics, images, audio material, video material,
audio-visual material, scripts, software and files) that you submit to us or BabyInfo
for storage or publication on, processing by, or transmission via, BabyInfo.

9.2 You grant to us a
[worldwide, irrevocable, non-exclusive, royalty-free licence] to [use,
reproduce, store, adapt, publish, translate and distribute your content in any
existing or future media] OR [reproduce, store and publish your content on and
in relation to this website and any successor website] OR [reproduce, store
and, with your specific consent, publish your content on and in relation to
this website].

9.3 You grant to us
the right to sub-license the rights licensed under Section 9.2.

9.4 You grant to us
the right to bring an action for infringement of the rights licensed under
Section 9.2.

9.5 You hereby waive
all your moral rights in your content to the maximum extent permitted by
applicable law; and you warrant and represent that all other moral rights in
your content have been waived to the maximum extent permitted by applicable
law.

9.6 You may edit your
content to the extent permitted using the editing functionality made available
on BabyInfo.

9.7 Without prejudice
to our other rights under these terms and conditions, if you breach any
provision of these terms and conditions in any way, or if we reasonably suspect
that you have breached these terms and conditions in any way, we may delete,
unpublished or edit any or all of your content.

10. Your content:
rules

10.1 You warrant and
represent that your content will comply with these terms and conditions.

10.2 Your content must
not be illegal or unlawful, must not infringe any person’s legal rights, and
must not be capable of giving rise to legal action against any person (in each
case in any jurisdiction and under any applicable law).

10.3 Your content, and
the use of your content by us in accordance with these terms and conditions,
must not:

(a) be libellous or
maliciously false;

(b) be obscene or
indecent;

(c) infringe any
copyright, moral right, database right, trade mark right, design right, right
in passing off, or other intellectual property right;

 (d) infringe any right
of confidence, right of privacy or right under data protection legislation;

(e) constitute
negligent advice or contain any negligent statement;

(f) constitute an
incitement to commit a crime[, instructions for the commission of a crime or
the promotion of criminal activity];

(g) be in contempt of
any court, or in breach of any court order;

(h) be in breach of
racial or religious hatred or discrimination legislation;

(i) be blasphemous;

(j) be in breach of
official secrets legislation;

(k) be in breach of
any contractual obligation owed to any person;

(l) [depict violence[
in an explicit, graphic or gratuitous manner]];

(m) [be pornographic[,
lewd, suggestive or sexually explicit]];

(n) [be untrue, false,
inaccurate or misleading];

(o) [consist of or
contain any instructions, advice or other information which may be acted upon
and could, if acted upon, cause illness, injury or death, or any other loss or
damage];

(p) [constitute spam];

(q) [be offensive,
deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing,
hateful, discriminatory or inflammatory]; or

(r) [cause annoyance,
inconvenience or needless anxiety to any person].

11. Limited warranties

11.1 We do not warrant
or represent:

(a) the completeness
or accuracy of the information published on BabyInfo;

(b) that the material
on the website is up to date; or

 (c) that the website
or any service on the website will remain available.

11.2 We reserve the
right to discontinue or alter any or all of BabyInfo services, and to stop
publishing BabyInfo, at any time in our sole discretion without notice or
explanation; and save to the extent expressly provided otherwise in these terms
and conditions, you will not be entitled to any compensation or other payment upon
the discontinuance or alteration of any website services, or if we stop
publishing the website.

11.3 To the maximum
extent permitted by applicable law and subject to Section 12.1, we exclude all
representations and warranties relating to the subject matter of these terms
and conditions, BabyInfo and the use of BabyInfo.

12. Limitations and
exclusions of liability

12.1 Nothing in these
terms and conditions will:

(a) limit or exclude
any liability for death or personal injury resulting from negligence;

(b) limit or exclude
any liability for fraud or fraudulent misrepresentation;

(c) limit any
liabilities in any way that is not permitted under applicable law; or

(d) Exclude any
liabilities that may not be excluded under applicable law.

12.2 The limitations and
exclusions of liability set out in this Section 12 and elsewhere in these terms
and conditions:

 (a) are subject to
Section 12.1; and

(b) Govern all
liabilities arising under these terms and conditions or relating to the subject
matter of these terms and conditions, including liabilities arising in
contract, in tort (including negligence) and for breach of statutory duty,
except to the extent expressly provided otherwise in these terms and
conditions.

12.3 To the extent
that BabyInfo and the information and services on BabyInfo are provided free of
charge, we will not be liable for any loss or damage of any nature.

12.4 We will not be
liable to you in respect of any losses arising out of any event or events
beyond our reasonable control.

12.5 We will not be
liable to you in respect of any business losses, including (without limitation)
loss of or damage to profits, income, revenue, use, production, anticipated
savings, business, contracts, commercial opportunities or goodwill.

12.6 We will not be
liable to you in respect of any loss or corruption of any data, database or
software.

12.7 We will not be
liable to you in respect of any special, indirect or consequential loss or
damage.

12.8 You accept that
we have an interest in limiting the personal liability of our officers and
employees and, having regard to that interest, you acknowledge that we are a
limited liability entity; you agree that you will not bring any claim
personally against our officers or employees in respect of any losses you
suffer in connection with the website or these terms and conditions (this will
not, of course, limit or exclude the liability of the limited liability entity
itself for the acts and omissions of our officers and employees).

13. Breaches of these
terms and conditions

13.1 Without prejudice
to our other rights under these terms and conditions, if you breach these terms
and conditions in any way, or if we reasonably suspect that you have breached
these terms and conditions in any way, we may:

(a) send you one or
more formal warnings;

(b) temporarily
suspend your access to BabyInfo;

(c) permanently
prohibit you from accessing BabyInfo;

(d) block computers
using your IP address from accessing BabyInfo;

 (e) contact any or all
of your internet service providers and request that they block your access to BabyInfo;

(f) commence legal
action against you, whether for breach of contract or otherwise; and/or

(g) [Suspend or delete
your account on BabyInfo].

13.2 Where we suspend
or prohibit or block your access to BabyInfo or a part of BabyInfo, you must
not take any action to circumvent such suspension or prohibition or blocking
[(including without limitation [creating and/or using a different account])].

14. Variation

14.1 We may revise
these terms and conditions from time to time.

14.2 [The revised
terms and conditions shall apply to the use of BabyInfo from the date of
publication of the revised terms and conditions on the website, and you hereby
waive any right you may otherwise have to be notified of, or to consent to,
revisions of these terms and conditions.] OR [We will give you written notice
of any revision of these terms and conditions, and the revised terms and
conditions will apply to the use of BabyInfo from the date that we give you
such notice; if you do not agree to the revised terms and conditions, you must
stop using BabyInfo.]

14.3 If you have given
your express agreement to these terms and conditions, we will ask for your
express agreement to any revision of these terms and conditions; and if you do
not give your express agreement to the revised terms and conditions within such
period as we may specify, we will disable or delete your account on the
website, and you must stop using the website.

15. Assignment

15.1 You hereby agree
that we may assign, transfer, sub-contract or otherwise deal with our rights
and/or obligations under these terms and conditions.

15.2 You may not
without our prior written consent assign, transfer, sub-contract or otherwise
deal with any of your rights and/or obligations under these terms and
conditions.

16. Severability

16.1 If a provision of
these terms and conditions is determined by any court or other competent
authority to be unlawful and/or unenforceable, the other provisions will
continue in effect.

16.2 If any unlawful
and/or unenforceable provision of these terms and conditions would be lawful or
enforceable if part of it were deleted, that part will be deemed to be deleted,
and the rest of the provision will continue in effect.

17. Third party rights

17.1 A contract under
these terms and conditions is for our benefit and your benefit, and is not
intended to benefit or be enforceable by any third party.

17.2 The exercise of
the parties’ rights under a contract under these terms and conditions is not
subject to the consent of any third party.

18. Entire agreement

18.1 Subject to
Section 12.1, these terms and conditions, together with [our privacy and
cookies policy], shall constitute the entire agreement between you and us in
relation to your use of BabyInfo and shall supersede all previous agreements
between you and us in relation to your use of BabyInfo.

19. Law and
jurisdiction

19.1 These terms and
conditions shall be governed by and construed in accordance with [Australian
law].

19.2 Any disputes
relating to these terms and conditions shall be subject to the [exclusive] OR
[non-exclusive] jurisdiction of the courts of [Australia].

20. Statutory and
regulatory disclosures

20.1 We are registered
in [Australian Company Register]; you can find the online version of the
register at [Relvic Pty Ltd ABN], and
our registration number is [97 607 733 988].

20.2 We are subject to
[authorisation scheme], which is supervised by [supervisory authority].

20.3 We are registered
as Relvic Pty Ltd with the Australian Business Register in Australia

20.4 We subscribe to
[code(s) of conduct], which can be consulted electronically at [URL(s)].

20.5 Our VAT number is
[number].

21. Our details

21.1 This website is
owned and operated by Relvic Pty Ltd.

21.2 We are registered
in Victoria under ACN 97 607 733 988, and our registered office is at 42 Park Orchard Drive, Pakenham 3810, Victoria, Australia.

21.3 Our principal
place of business is at “as stated above”.

21.4 You can contact
us:

(a) by post, using the
postal address [given above;

(b) using BabyInfo
contact form;

(c) by telephone, on
[the contact number published on BabyInfo from time to time]]; or

(d) by email, using the
email address published on BabyInfo from time to time.

Photographer Selection Process for our Article (2019)