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Terms & Conditions & Terms of Service

Hello! This website, www.brookemaree.com.au , is owned and operated by myself,  Brooke Maree Allen-Rhodes and members of my team, ABN 84754356810. If you have any questions in regards to these terms & conditions, or anything else on my website, please contact me via email  info@brookemaree.com.au

This document sets out the Terms and Conditions you need to be aware of when viewing, using, and interacting on my website. Please take a moment to read them, as they set out your important rights and obligations, and I care strongly about making sure we both know where we stand. When you visit my website, use my services, or purchase a product, you agree that you are over the age of 18 and willing to be bound by these Terms and Conditions. If you don’t accept this agreement, you should not continue to engage in my website, services, or products.

By visiting my site and/or purchasing something from me, you engage in my “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”). I reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to my website. It is your responsibility to check this page periodically for changes. Your continued use of or access to my website following the posting of any changes constitutes acceptance of those changes.

All products and services advertised on my website are offered in compliance with Australian Consumer Law.

General Disclaimer

On my website you will find baby carriers, slings, and accessories of these products for sale and for hire. You will also find educational material around these in the form of text, audio, and visual. This information is provided solely for educating on the proper use of these items and providing beneficial information to ensure they are used safely and correctly, and therefore enjoyed by the user. 

[MY RIGHTS & RESPONSIBILITIES]

I take the utmost care to provide valuable information on how best to use a baby carrier, but I cannot be responsible for the use of that information. The information I provide is of a general nature and not individually tailored for your situation. Please be aware that the generalised information I provide on baby carriers and slings is not a substitute for the advice given by your specialist or care provider. Any testimonial and promised results I may display on my website are based on my experience and those of my previous clients and customers. They are not guarantees that anyone else will achieve the same results.

[VISITOR RESPONSIBILITIES]

You are solely responsible for your own safety and that of your baby at all time. You should be aware that using a baby carrier or a sling is a risky activity.  A baby carrier or sling is a fall hazard and a suffocation hazard. You are responsible for your own research on the suitability of this activity for yourself and your child.  Please use common sense when first using a carrier or sling. It is best to start practicing without your child. Use a toy first in the carrier as you learn how to tie/buckle it around your body and how it works. Have someone with you to spot you and your baby if it is one of your first attempts and stand over a soft surface to prevent serious injury if an accident occurs. No matter how experienced you are, go slow and take your time when placing your baby in and out of the carrier. Take the utmost care. Check your carrier or wrap frequently for any breakages or wear and tare and discontinue use if there is any broken buckles, ripped fabric, or holes in your carrier or sling. When in use, make sure you are following the TICKS guidelines, a universal set of guidelines for babywearing safety. That is that your baby is TIGHT in the carrier or sling, they are IN VIEW and you can see their face clearly and their airways are unobstructed, their CHIN is off their CHEST so that their airway isn’t compromised due to slumping, they are close enough to KISS meaning that they are high on your body where you can see them, and their SPINE is supported in it’s natural J-like shape so that they aren’t slumping. Please seek advice from your trusted professional before acting on the information I provide through my website. You must constantly monitor your child when they are in the carrier or sling. 

[DOWNLOADS]

I am not responsible for viruses or any other damage which might occur as a result of downloading material from my website.

[EXTERNAL LINKS & THIRD PARTY ADVERTISEMENTS]

On my website I have links to third party sites who I have featured on. At the time of posting these links, their website was safe.  I do not have any control over these websites and am not responsible for their content. You should read their terms and conditions. I do not take responsibility for any transaction entered into between the visitor and the advertiser.

Specific Disclaimer

This disclaimer relates to the purchase of a baby carrier or sling from my website.

[MY RESPONSIBILITY]

I only sell products that are of the highest quality and manufactured from trusted companies. I ensure your product arrives to you in perfect brand new condition and comes enclosed with in-depth instruction booklets. 

[YOUR RESPONSIBILITY]

You are responsible for your own research on the suitability of using a carrier or sling for yourself and your child. Using a baby carrier or a sling is a risky activity and you should check with your trusted care-provider to get their support and advice first on this activity.

[PROBLEMS]

If there is any problems with the purchase or delivery of your product please see Returns & Exchanges and contact me on info@brookemaree.com.au 

[SUITABILITY]

If you are capable of carrying your child in your arms, you should be capable of using a carrier or sling to support them there too. However, everyone is individual and getting advice from your trusted professional is best first to ensure the suitability of this activity for you. 

Specific Disclaimer

This disclaimer relates to the engagement of babywearing support services such as a private consultation or my online program ‘Babywearing Download’.

[MY RESPONSIBILITY]

I take the utmost care in recommending advice on carriers that is safe and up-to-date. I make sure my advice is easy to follow and understand so that parents aren't overwhelmed and then can therefore implement safe and enjoyable baby-carrying. For private consultations, I make sure all carriers are clean and I am in good-health. For my online program, I make sure all chapters are working and they are easy to work through from a distance. 

[YOUR RESPONSIBILITY]

It is your responsibility to take your time in understanding how to carry safely, check with your care provider or specialist that this activity is safe for you, and then first practice before you are confident. It is a good idea to practice with a doll, with someone around to spot you, and/or over a soft surface. You must take your time and constantly monitor your child when carrying and follow the TICKS guidelines. It is your responsibility to listen to the recommendations on how to carry safely and correctly so that you and your baby remain safe. You must do your own research to confirm this advice is right for you. 

[PROBLEMS]

If there is any problems with the consultation booking or the delivery of 'Babywearing Download' please see Returns & Exchanges and contact me on info@brookemaree.com.au  

[SUITABILITY]

Consultations can take place in a location that is local to the Brisbane area. If you require an online consultation, you will need to have a either a working computer with Skype (sound & video) or a phone with FaceTime (sound & video). 'Babywearing Download' can be completed by those who are hearing or vision impaired as it is a program made up of text, audio, and visuals. You will need access to the internet via a computer or phone.  If you are capable of carrying your child in your arms, you should be capable of using a carrier or sling to support them there too and get advice on how to do this best. However, everyone is individual and getting advice from your trusted professional is best first to ensure the suitability of this activity for you. 

 

You agree to indemnify, defend and hold harmless Brooke Maree Allen-Rhodes and our affiliates, partners, contractors, service providers, subcontractors, suppliers, and employees, harmless from any claim or demand, including reasonable legal fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.


Intellectual Property

[COPYRIGHT]

The content of this website and my offerings is protected by copyright. No portion of my website may be copied or replicated in any form without my permission. Being a copycat or blatantly stealing is never cool. There is a fine line between inspiration and stealing, so please be respectful, honest, and full of integrity when sharing any of my work or using it’s information. Many hours of work, planning, and editing goes into my work to ensure the highest quality first-hand information. Any of my work that is plagiarised will eventually be found and brought to attention. That being said, you are ALWAYS welcome to share my content, as long as you attribute it properly, link back to the source, and don’t modify it.

Payment Terms

[FORMS OF PAYMENT]

Payment is made upon purchase of a product or service. Payments can be made via credit card, AMEX, PayPal, Shopify Payments, Apple Pay, Google Pay, or Afterpay.

When you purchase something from my store, as part of the buying and selling process, we collect the personal information you give us such as your name, address and email address.

If you choose a direct payment gateway to complete your purchase, then Shopify stores your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted.

All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover.

PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.

For more insight, you may also want to read Shopify’s Terms of Service (https://www.shopify.com/legal/terms) or Privacy Statement (https://www.shopify.com/legal/privacy).

[PAYMENT PLANS]

Payment plans via Afterpay are available on all products. Afterpay is a third party company who I am not responsible for. You will enter into an agreement with Afterpay and I encourage you to read their terms and conditions before purchasing via them to make sure you understand their operations.

See Privacy Policy for more information. 

Shipping and Delivery

For the delivery of physical products, Australia Post is used as the delivery service. Items are sent within 24 hours of purchasing (not weekends or public holidays) and will be packaged within a protective cotton/plastic bag and then wrapped in brown paper. If bubble wrap is needed it will also be wrapped in bubble wrap.

Due to unforeseen events such as natural disasters or family emergencies, there may be a delay in your product or service arriving to you. In this case, you will not be eligible for a refund. All timeframes of delivery are estimates and not guarantees. Please be aware of Australia Post Terms & Conditions before proceeding. 

For Delivery of Online Products, these will be delivered via Thinkific or Email. You should first read over Thinkific’s Terms and Conditions and their privacy policy before commencing use of their platform. Zoom or Facebook Live will be used for Live Group Support Calls, please read their terms and conditions and privacy policy. I reserve the right to reschedule the calls with minimal notice if there is an unexpected event such as myself being ill or my children.

See Shipping Information for further information.  

Consumer Guarantees

[MINOR PROBLEM]

If you are unable to attend a consultation in-person/online due to unforeseen circumstances, you can reschedule this appointment free of charge up to 24 hours before hand. If the appointment needs to be cancelled within 24 hours, unfortunately no refund will be available. 

If you are unable to download a PDF file, or any other material from my website won't load correctly, please contact my team on info@brookemaree.com.au and we may be able to manually send you the file in the interim. 

If you are unable to access my program 'Babywearing Download' on Thinkific, please contact my team on info@brookemaree.com.au for us to sort it out asap. 

[MAJOR PROBLEM]

If there is a major problem with the baby carrier or sling you purchased, you are advised to contact me first. I will respond to you within 24-48 hours and advise if it is best for the problem to be resolved directly through me, or the manufacturer. 

[SPECIFIC TERMS OF SALE]

A check box has been included at the point of sale for you to agree to these terms and conditions in their entirety. This is to assure that you know your rights and responsibilities, and you are aware of mine. 

See Returns & Exchanges for further information. 

Visitor Information

[RESPECTFUL COMMUNICATION] 

Respectful and intelligent contribution is encouraged on my website through commenting on blog posts. However, if comments are hateful & unnecessary, there will be no hesitation in not approving comments, and/or deleting comments. 

Jurisdiction & Dispute Resolution

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Brisbane, QLD. 

If you have any issue or complaint arising out of your use of my website or my terms and conditions, you and myself, Brooke Maree Allen-Rhodes, agree to make a genuine effort to resolve the dispute through negotiation and discussion. 

[MEDIATION]

If we are unable to resolve a disagreement by negotiation and discussion within 14 days, we must process to mediation with the assistance of an accredited mediator who is independent of us. The mediator is to be appointed by agreement of us, if we can't agree within 21 days it must go to the Chair of Resolution Institute for appointment. The Resolution Institute Mediation Rules shall apply to the mediation. We agree to share the cost of mediation equally between us. 

[LITIGATION]

If the independent mediator agrees that the dispute will not be solved through mediation, then litigation will commence as a last resort for a judge to make a ruling. Litigation will not commence until the options of discussion, negotiation, and mediation have been exhausted first.  



You can review the most current version of the Terms of Service at any time on this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.