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This web site, located at Babybottles.com.au (“Site”), is owned and operated by Beauty Counter Pty Ltd ABN 78 165 290 773 (Beauty Counter Pty Ltd). Your access to the Site is subject to the following terms and conditions and all applicable laws. By accessing, browsing and using the Site, you accept these Terms and Conditions (“Terms”). The Internet is an evolving medium; we may change these Terms from time to time. By continuing to use the Site after we post any such changes, you accept these Terms, as modified. We may change, restrict access to, suspend or discontinue the Site, or any portion of the Site, at any time. We respect the privacy of our users. Please take a few minutes to review our Privacy Policy.

Warning Information on products appearing on the Site is not intended to be, nor should be interpreted as, advice or recommendation concerning the use of any product. If you have questions about your use of a product, please review the labeling appearing on the product and/or consult a physician. Babybottles.com.au is designed for online retail purposes only and is not a substitute for compliance with the provisions of the Therapeutic Goods Administration (TGA), the Australian Consumer Law (ACL), the NSW Office Of Fair Trading and the ACCC Product Safety Australia, and the regulations published under the authority of these laws.

By using the Site you acknowledge and agree that the information displayed on the Site, including any information provided by manufacturers, experts or medical professionals, is intended solely for general informational purposes. Always seek the advice of a physician or other qualified health provider with any questions you may have regarding any medical condition. Beauty Counter Pty Ltd does not recommend or endorse any specific tests, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by the Site, Beauty Counter Pty Ltd, or by others appearing on the Site is solely at your own risk.

Disclaimer of Warranties Beauty Counter Pty Ltd makes no warranties or representations of any kind as to any of the information posted or contained on the Site. By using the Site and the information herein, you do so at your own risk.

THE SITE AND THE CONTENT ON THE SITE IS PROVIDED “AS IS.” Beauty Counter Pty Ltd MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER TO YOU OR ANY OTHER PERSON RELATING IN ANY WAY TO THE SITE OR THE CONTENT OR COMMUNICATIONS ON THE SITE, OR ANY WEB SITE OR OTHER CONTENT OR SERVICE THAT MAY BE ACCESSIBLE DIRECTLY OR INDIRECTLY THROUGH THE SITE. TO THE EXTENT PERMITTED BY LAW, Beauty Counter Pty Ltd DISCLAIMS IMPLIED WARRANTIES THAT THE SITE, CONTENT AND SERVICES, INFORMATION DISTRIBUTED THROUGH THE SITE ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING.

NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY Beauty Counter Pty Ltd OR A REPRESENTATIVE SHALL CREATE A WARRANTY. FURTHER, BEAUTY COUNTER PTY LTD DOES NOT ENDORSE AND MAKES NO WARRANTY REGARDING THE ACCURACY OR RELIABILITY OF ANY PRODUCT, OPINION, INFORMATION, ADVICE OR STATEMENT ON THE SITE. UNDER NO CIRCUMSTANCES WILL Beauty Counter Pty Ltd BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE CONTENT ON THE SITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, PRODUCT, OPINION, ADVICE OR OTHER CONTENT ON THE SITE.

Limitation of Liability.

In no event shall Beauty Counter Pty Ltd, its partners, sponsors, advertisers, agents or licensors, or any third parties mentioned on the Site be liable for any damages (including, without limitation, incidental, consequential or other indirect damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to use the Site, the Content or any communications of the Site, whether based on warranty, contract, tort, or any other legal theory, and whether or not Beauty Counter Pty Ltd is advised of the possibility of such damages. Beauty Counter Pty Ltd is not liable for any personal injury, including death, caused by your use or misuse of the Site, Content, or public area.

YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OTHER DISPUTE WITH BEAUTY COUNTER PTY LTD IS TO DISCONTINUE YOUR USE OF THE SITE. Links to Third-Party Services The Site may contain links to other web sites on the Internet. Beauty Counter Pty Ltd takes no responsibility for, and accepts no liability for, any information found on any such web sites that are outside its control. The inclusion of such links on the Site is not an endorsement by Beauty Counter Pty Ltd in favour of the web site, or the products or services offered on such site.

Arbitration & Choice of Law

You expressly agree that exclusive jurisdiction for any dispute with Beauty Counter Pty Ltd, or in any way relating to your use of the Site will be decided by binding arbitration. Specifically, all disputes of any kind or nature arising out of these Terms or your use of the Site, including any claim involving Beauty Counter Pty Ltd or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers shall be submitted to arbitration and mediation for binding arbitration in effect in the state of NSW, before one arbitrator to be mutually agreed upon by both parties. The parties agree to share equally in the arbitration costs incurred.

These Terms are governed by the laws of the state of NSW without respect to its conflict of laws principles. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any of the Terms and Conditions contained herein shall be deemed a further or continuing waiver of such term or condition or any other term or condition.


 

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