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One Fine Baby Subscription Services Terms & Conditions

One Fine Baby Subscription Services Terms & Conditions
ABN: 68 642 587 381

One Fine Baby’s Subscription Terms & Conditions are our contract with you. They include our commitment as a service provider and your obligations as a customer or supplier.

  • Introduction
    1. The Trustee for One Fine Collective (Aust) Trust ACN: 628 504 290 (One Fine Collective, One Fine Baby, we or us) owns and operates the website and content located at www.onefinebaby.com.au (the Website).
    2. These terms and conditions, as amended from time to time (Terms and Conditions), apply to Subscription Services provided by One Fine Baby for any person or entity (Supplier, you or your) on the Website. Subscription Services include, but not be limited to: Top 10 Blogs and Editorial Blogs.
    3. You agree to be bound by these Terms and Conditions from the date you sign this Agreement.
    4. These Terms and Conditions may change at any time after the Initial Term. We will make every effort to inform you when these Terms and Conditions are updated or changed. Please read these Terms and Conditions regularly. The Terms and Conditions are located at: www.onefinebaby.com.au/terms-and-service
  • Term
    1. You have engaged One Fine Baby to provide Subscriptions Services for the Initial Term selected by you in this proposal, regardless of the payment terms selected. By committing to Subscription Services for the Initial Term, you commit to the full Payment due over the Initial Term.
    2. At the end of the Initial Term, your agreement with us will continue on as a ‘month to month’ agreement, unless terminated in accordance with clause 4. This clause applies whether your initial term was a monthly payment plan, or an upfront payment plan.
  • Fees & Payment
    1. The fees payable to One Fine Baby pursuant to these Terms and Conditions are the rates advised to you in this proposal for the Initial Term. After the Initial Term, we reserve the right to increase our fees and we will notify you of any fee increases with 30 days notice.
    2. Fees payable are inclusive of GST.
    3. One Fine Baby will provide you with a tax invoice for the fees plus applicable GST when a payment has been made.
    4. You must make the first payment (subject to the agreed payment terms) on the signing of this agreement, or before One Fine Baby begins providing the Subscription Services to you.
    5. If more than one payment is required during the Initial Term, all future payments must be secured with a valid credit card or direct debit.
    6. If your account is overdue we have the right to remove the Subscription Services until we have received all outstanding fees.
    7. If you commit an act of bankruptcy, become insolvent, have a receiver or administrator or liquidator or manager appointed over you or any of your assets or if you resolve to wind up your company, then One Fine Baby may (in its absolute discretion):
      1. take proceedings against you to recover any overdue amount;
      2. recover from you all costs in relation to any action taken against you by One Fine Baby to recover overdue amounts, including without limitation, debt
      3. collection costs and legal costs on a full indemnity basis; and/or
      4. exercise any other rights available to One Fine Baby at law.
  • Termination
    1. Termination by One Fine Baby
      1. One Fine Baby may terminate your Subscription Services and remove you from the Website at any time during the Initial Term and for any reason. One Fine Baby is not obliged to provide you with reasons for terminating your Subscription Services.
      2. If One Fine Baby terminates your Subscription Services during the Initial Term and you have paid the fees upfront and are otherwise not in breach of these Terms and Conditions, One Fine Baby will refund you a pro rata portion of the advertising fees applicable to the unused part of the Initial Term.
      3. If One Fine Baby terminates your Subscription Services either during or after the Initial Term, and you pay the advertising fees by direct debit, One Fine Baby will cancel your direct debit arrangements provided you are up to date with payment of all advertising fees. If there are any amounts owing to One Fine Baby at the date of termination, you authorise One Fine Baby to direct debit all overdue amounts from your nominated account.
      4. If One Fine Baby removes your Advertising Service from the Website during the Initial Term pursuant to clause 5.6 of these Terms and Conditions, you agree that you will not be entitled to a refund of any amounts paid in respect of the Subscription Services during the Initial Term.
    2. Termination by the Supplier
      1. If you cancel your Subscription Services with One Fine Baby during the Initial Term and you have paid the advertising fees upfront, you will not be entitled to a refund of any amounts paid in respect of the Subscription Services during the Initial Term.
      2. If you cancel your Subscription Services with One Fine Baby during the Initial Term, the advertising fees payable by you for the unused part of the Initial Term will become immediately due and payable. 
      3. After the expiry of the Initial Term, if you are on a month to month agreement you may withdraw your Subscription Services at any time by following our cancellation process, which includes speaking with a team member, verifying your identity and confirming your cancellation in writing. 30 days after we have received your cancellation in writing, your One Fine Baby Subscription Services will be removed from the Website and any payments due during this 30-day period will need to be settled.
  • Acceptance of Material
    1. One Fine Baby is under no obligation to provide Subscription Services (or any part of a Subscription Services) for publication on the Website and is under no obligation to provide reasons for such refusal.
    2. One Fine Baby reserves the right at any time, at its sole discretion, to:
      1. reject or cancel all or part of an Subscription Services; or
      2. remove all or part of any Subscription Services from the Website.
    3. In addition, One Fine Baby shall have the absolute right, without providing any reason, to reject any URL link embodied within the Subscription Services.
    4. Images supplied to One Fine Baby for publication on the Website may be published on different pages within the Website, to be determined at One Fine Baby' sole discretion. By submitting images to One Fine Baby, you agree that One Fine Baby may use your images anywhere within the Website or other digital marketing channels including social media and email.
    5. You agree that One Fine Baby may source images for your Subscription Services directly from your website, if the images supplied by you are not suitable and you warrant that One Fine Baby is entitled to do so without infringing any intellectual property rights. Such material will be deemed to be submitted or supplied by you for the purpose of these Terms and Conditions.
    6. If One Fine Baby receives complaints from visitors to the Website in relation to a Supplier or an Advertising Service, One Fine Baby may without notice to the Supplier remove the relevant Supplier's Subscription Services (or the offending part) from the Website immediately and if this occurs during the Initial Term and you have paid your advertising fees upfront, you agree that you will not be entitled to a refund of any amounts paid in respect of the Subscription Services during the Initial Term.
    7. One Fine Baby reserves the right to amend your Subscription Services or change the Website at any time. One Fine Baby will use its reasonable endeavors to give you advance notice of any material changes that it makes to the Website.
    8. You agree that you must pay all advertising fees even where:
      1. your Subscription Services (or part of it) is not published due to a breach of these Terms and Conditions by you;
      2. your Subscription Services (or any part of it) is not published due to your failure to provide sufficient artwork or instructions;
      3. the format of the Subscription Services has been varied by One Fine Baby; or
      4. you believe your Subscription Services has not resulted in the number of enquiries you expected to receive as a result of the Subscription Services on the Website.
  • Intellectual Property
    1. One Fine Baby owns all intellectual property rights in the Website and the Subscription Services, including information, graphics, design and software, except where the Supplier has provided its own intellectual property (including but not limited to text, graphics and pictures in whatever form) for display on the Website.
    2. You must obtain the permission from the owner of any intellectual property in any third party material incorporated into an Subscription Services prior to submission of the Subscription Services.
    3. You grant One Fine Baby a world-wide, royalty free, irrevocable license to publish, and to sublicense the publication of, all material submitted to One Fine Baby as part of the Subscription Services in any form or medium, including print, online or otherwise. You warrant that you are authorised to grant the license in this clause 6.2.
  • One Fine Baby Information

You agree that information provided to you by One Fine Baby must be kept confidential and must not be published or distributed to others.

  • Privacy and Personal Information

Suppliers must comply with their own privacy policies and with all applicable privacy laws in the collection and use of individuals' personal information collected as a result of an enquiry made to a Supplier through the Website.

  • Warranties and Liability
    1. You warrant that all material submitted by you for publication on the Website will not:
      1. contravene any relevant laws, including, without limitation, the Competition and Consumer Act 2010 (Cth), any state-based Fair Trading Act, the Privacy Act 1988 (Cth), or any regulations made under those Acts (including relevant industry regulations, standards of practice or codes of conduct), any equivalent legislation in New Zealand or any common law in Australia and New Zealand;
      2. breach or infringe the intellectual property rights of any person;
      3. be obscene, offensive, defamatory, or in any way unsuitable for people under the age of eighteen (18) years;
      4. contain a photograph or representation of a living person unless that person has consented;
      5. comprise anything that can be used for any purpose or activity of an illegal, fraudulent or defamatory nature;
      6. be misleading or deceptive or likely to mislead or deceive;
      7. if you are promoting a competition or trade promotion, breach the relevant provisions of the Competition and Consumer Act 2010 (Cth) or other Federal or State legislation relation to competitions or trade promotions, or any equivalent legislation in New Zealand, and you further warrant that you have obtained all relevant permits; or
      8. comprise anything which may adversely reflect on One Fine Baby or the Website.
    2. Subject to clause 9.5, One Fine Baby will be under no liability to you in respect of any loss or damage which may be suffered or incurred or which may arise directly or indirectly in respect of:
      1. goods or services supplied pursuant to these Terms and Conditions;
      2. any failure or omission on the part of One Fine Baby to comply with its obligations under these Terms and Conditions;
      3. any negligent act or omission of One Fine Baby;
      4. the provision by the Supplier to One Fine Baby of incorrect contact details which results in One Fine Baby being unable to forward enquiries received from visitors to the Website to the relevant supplier; or
      5. any web traffic pop-ups which appear on the Website.
    3. One Fine Baby expressly excludes all liability for special, indirect or consequential loss or damage, including without limitation, loss of profits, loss of revenue, loss of income, loss of use, loss of business opportunity, loss of production, loss of anticipated savings, pure economic loss, loss of or damage to reputation or goodwill, or loss or damage associated with the interruption of the Supplier's business, howsoever caused.
    4. One Fine Baby makes no representation or warranty in relation to the number of visitors to the Website except for those representations made expressly in writing by One Fine Baby to the Supplier in relation to actual prior Website visits. One Fine Baby makes no warranty or representation in relation to future visitor numbers to the Website and any projections provided by One Fine Baby are estimates only. One Fine Baby does not warrant or represent that:
      1. the Website will be accessible at all times,
      2. the Website is free from viruses; or
      3. any information (including hyperlinks) contained on the Website is accurate or suitable.
    5. To the extent that any warranties or guarantees implied by law are not capable of being excluded or modified, the total liability of One Fine Baby, its employees, servants and agents for breach of such warranties or guarantees is limited to one or the other of the following at the option of One Fine Baby:
      1. if the breach relates to goods:
        1. the replacement of the goods supplied or the supply of equivalent goods; or
        2. the payment of the cost of replacing the goods or of acquiring equivalent goods;
      2. if the breach relates to services:
        1. the supplying of the services again; or
        2. the payment of the cost of having the services supplied again.
  • Indemnity

The Supplier releases, indemnifies and will keep indemnified One Fine Baby, its employees, servants and agents against all actions, claims and demands (including the cost of defending or settling any actions, claims and demands) which may be instituted against One Fine Baby arising out of:

  • a breach of these Terms and Conditions by the Supplier;
  • a breach of warranty contained in clause 9.1;
  • any wilful, unlawful or negligent act or omission of the Supplier;
  • the publication by One Fine Baby or any other person of any material supplied by the Supplier; and
  • breach by the Supplier of any laws or legal obligations, including the Competition and Consumer Act 2010, any state-based Fair Trading legislation and any equivalent legislation in New Zealand.
  • Consumer Reviews
    1. One Fine Baby maintains a review system on the Website that allows consumers who use the Website to rate and/or review Suppliers' online stores, products, goods and services and customer service.
    2. The Supplier agrees that:
  • One Fine Baby will at all times maintain editorial control over the reviews posted on the Website in respect of Supplier;
  • the Supplier will not direct One Fine Baby to delete or amend any review about a Supplier or a Supplier's goods or services;
  • the Supplier will not post its own reviews about the Supplier's own goods or services on the Website; and
  • One Fine Baby is not responsible or liable to the Supplier or any third party for any loss or damage caused by such reviews.
  • General
    1. These Terms and Conditions are governed by and construed in accordance with the laws of New South Wales, Australia and the parties irrevocably submit to the courts of or in that State (including the Federal Courts) and the courts that hear appeals from those courts.
    2. If any provision of these Terms and Conditions is found to be unenforceable for any reason, then that provision shall be deemed deleted from these Terms and Conditions and all other provisions shall remain in full force and effect.
    3. The Supplier may not transfer or assign these Terms and Conditions without the prior written consent of One Fine Baby, which consent may be withheld at the absolute discretion of One Fine Baby and if granted, may be granted on such terms and conditions as One Fine Baby deems fit.
    4. Any notice required to be given under these Terms and Conditions must be in writing and given by post, facsimile, email or hand to One Fine Baby or the Supplier at the contact details notified by one party to the other.
    5. No waiver by One Fine Baby of any breach of these Terms and Conditions operates as a waiver of any other breach, and the doing and/or omission of any act, matter or thing whatsoever by One Fine Baby, its employees or agents (which but for this clause ought or might amount to a waiver of One Fine Baby' rights in respect of any such breach or default) does not operate as a waiver in any way of One Fine Baby' rights and powers in respect of such breach or default.
    6. Neither party is liable for any delay or failure to perform its obligations (other than obligations to pay money) if such delay or failure is due to circumstances beyond the reasonable control of the parties which results in a party being unable to observe or perform on time an obligation under these Terms and Conditions, including, without limitation, acts of God, acts of government, war or other hostility, terrorism, national or international disaster, fire, explosion, power failure, equipment failure or strike or lockout.
    7. These Terms and Conditions and any warranties implied by law which are not capable of being excluded or modified embody the whole agreement between the parties.

A note from One Fine Baby:

We pride ourselves on being easy to do business with and we assure you of the best levels of customer service that are reasonably possible. If you have any queries regarding our Subscription Services or our Terms and Conditions, please contact us. We look forward to working with you.

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