These Terms of Use (together with the documents referred to below) tell you the basis on which you may make use of the website at childsfarm.com.au (“the Site”). Use of the Site includes accessing, browsing, or registering to use it.

Please read these Terms of Use carefully before you start to use the Site, as these will apply to all use of the Site by you. We recommend that you print a copy of it for future reference. We may amend these Terms of Use from time to time as set out in clause 9. These Terms of Use were most recently updated on 1 November 2018.

If you do not agree with these Terms of Use, do not make any use of the Site and leave it immediately.

Please note that the  shall apply to the purchase of products from the Site and its  shall apply to all processing of personal data.

To view the Terms and Conditions of Sale, please click here

  1. Introduction
  • Childs Farm Limited (a company registered in England and Wales with company number 07454284 whose registered office is at The Barn, Kestrel Court, Sherborne St John, Basingstoke, Hampshire, RG24 9HJ (referred to below at “Childs Farm”) operates a business selling a range of hair and personal care products for children.
  • Childs Farm has appointed UCC Australia Pty Ltd (a company registered in Australia and whose address is 2 Raceway Place, Eastern Creek NSW 2766 Australia and whose VAT number is 39 571 613 410 (referred to below as “UCC Australia”) as its distributor in Australia.
  • This Site is owned by Childs Farm and is operated under a licence from Childs Farm by UCC Australia. References to “we”, “us” and “our” should be construed as referring to UCC Australia themselves or acting through a third party appointed by them, unless the context requires otherwise.
  • Please note that UCC Australia is responsible for the operation of the Site and that Childs Farm shall have no liability to you in relation to the operation of the Site or any other failure by UCC Australia.

 

  1. Use of the Site

Use of Site as a Trade Customer

  • For the purposes of these Terms of Use, a “Trade Customer” is a person using the Site and/or ordering Products other than as a consumer. An individual or organisation may only use the Site and/or order Products other than as a consumer if they have a current registration with Childs Farm as a Trade Customer.

Use of Content

  • All copyright and all other intellectual property rights in all text, images, sound, software, trade marks, logos and other materials on the pages of the Site (“the Content“) are owned by Childs Farm or are reproduced on the Site with permission of the relevant rights owner. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
  • The Content may not be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means without Childs Farm’s prior written consent, except as stated at clause 4 below.
  • You may read, view, print, download and (where appropriate) listen to and watch the Content of an individual page of the Site for your private and personal use only, provided that all copyright, trade mark and other proprietary notices contained in the original materials on any copy of these materials is retained, but you may not make more than one copy (electronically or otherwise) of any of the Content and you may not recopy or further distribute, sell, publish or transmit any part of the Content by electronic or any other means.
  • You must not modify the paper or digital copies of any Content you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
  • Without limitation to the above, you agree not to sell, resell, supply or otherwise make the Content or extracts or other information derived from it available in any manner or on any media to any third party or for any commercial purposes without the prior written consent of Childs Farm.
  • The names, images and logos identifying Childs Farm and UCC Australia and their projects, products and services (including, without limitation, the names “Childs Farm Limited”, “Childs Farm” “UCC Australia Pty Ltd“ and “UCC Australia”) or those of third parties, are the proprietary marks of Childs Farm/UCC Australia (as applicable), and/or may be the proprietary marks of third parties.  Any use made of these marks may be an infringement of rights in those marks and Childs Farm reserves all rights to enforce such rights that it might have.
  • Childs Farm may permit Trade Customers to use certain specified Content in relation to their promotion of the Products. In such circumstances, you may use the content strictly only in accordance with the terms of Child Farm’s approval. Please note that Child Farm’s agreement to use the Content (and/or Child Farm’s name or any other intellectual property rights) shall be valid only if given in writing.
  1. Prohibited Use

Without limitation to the provisions of clause 2, you specifically agree that you may not use the Site:

  • for the posting, uploading, emailing or other transmission of any material, the publication, dissemination, use or possession of which infringes the rights of any person or which is unlawful in any other respect;
  • in any manner which could damage, disable, overburden, or impair the Site;
  • to make available personal data about any person other than yourself;
  • to obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for use through the Site;
  • to impersonate any other person or entity or to provide inaccurate information;
  • in any way which is abusive, vulgar, racist, sexist, defamatory, sexually orientated or obscene or which may harass, distress, embarrass or inconvenience any person or which might restrict or inhibit the use and enjoyment of the Site by any person;
  • for the posting, uploading, emailing or other transmission of any unsolicited or unauthorised advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation or commercial exploitation;
  • for the posting, uploading, emailing or other transmission of any material that contains software viruses or any other computer code, files or programs designed to interrupt, restrict, destroy, limit the functionality of or compromise the integrity of any computer software or hardware or telecommunications equipment;
  • to create a database (electronic or otherwise) that includes Content;
  • to transmit or re-circulate any Content to any third party;
  • in such a way so as to remove the copyright or trade mark notice(s) from any copies of any Content made in accordance with these terms;
  • for any commercial purpose, including advertising of your business or products; or
  • in any way that might bring Childs Farm, UCC Australia or their affiliated charities and other organisations into disrepute.
  1. Linking to the Site
  • You may link to the Site, provided you do so in a way that is fair and legal and does not damage Childs Farm’s reputation or take advantage of it.
  • You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our or Childs Farm’s part unless, and to the extent that, Childs Farm has given its prior written approval.
  • You must not establish a link to the Site in any website that is not owned by you.
  • We reserve the right to withdraw linking permission without notice.
  1. Warranties and Liability
  • We have taken care in the preparation of the Site. However, as certain technical matters may be beyond our control, we cannot guarantee that you will have uninterrupted access to the Site at all times. We may suspend, withdraw, discontinue or change all or any part of the Site without notice. We will not be liable to you if for any reason the Site is unavailable at any time or for any period.
  • The Content may contain inaccuracies or typographical errors. We make no representations about the reliability, availability, timeliness or accuracy of the Content. The Content has been included in good faith and is for your general information only and does not constitute any form of advice, recommendation or arrangement by Childs Farm or UCC Australia and is not intended to be relied upon by users in making (or refraining from making) any specific decisions. YOU ARE RESPONSIBLE FOR CHECKING THE ACCURACY OF RELEVANT FACTS AND OPINIONS GIVEN ON THE SITE BEFORE taking (or refraining from taking) any step BASED UPON THEM. All conditions, warranties, terms and undertakings express or implied, statutory or otherwise, in respect of the provision of the Content are excluded to the fullest extent permitted by law.
  • Neither Childs Farm nor UCC Australia warrant that the Site will be free of viruses or other harmful components. You are responsible for configuring your information technology, computer programmes and platform in order to access the Site. You should use your own virus protection software.
  • We may update the Site from time to time and may change the Content at any time. However, please note that any of the Content on the Site may be out of date at any given time, and we are under no obligation to update it.
  • The Site may contain links to other websites ("Third Party Sites"). Neither we nor Childs Farm either endorse or take responsibility for the availability or content of Third-Party Sites and will not be a party to, or in any way responsible for, any transaction concerning goods or services available from such Third-Party Sites. If you decide to use these links to access Third Party Sites you do so at your own risk.
  • You agree not to use the Site for any commercial or business purposes, and, save as expressly provided for in these Terms of Use, we shall not be liable for any direct, indirect or consequential loss or damage (including, without limit, loss of property or profit, business revenue or opportunity or anticipated savings and loss of or damage to any data, goodwill or reputation) or for any costs, claims or demands of any nature whatsoever arising directly or indirectly out of the use of or access to the Site or Content or any part thereof or in respect of any defect therein or any failure to provide or the late delivery of the same howsoever arising. We do not exclude or limit our liability for death or personal injury caused by our negligence or any other liability that cannot, as a matter of law, be excluded or limited.
  • If you use the Site or Content in a way that breaches these Terms of Use, then you will be responsible to us and Childs Farm for any loss or damage we suffer as a result of your breach.
  1. Privacy Policy
  • The information that you provide about yourself to Childs Farm and/or UCC Australia will be used by Childs Farm and UCC Australia in accordance with the Privacy Act 1988 (Cth) which is contained in our Privacy Policy and by using this Site you consent to our use of data collected on this Site in the manner set out in the Privacy Policy.
  • We use cookies on the Site (see here).

 

  1. Changes to these Terms of Use
  • These Terms of Use may be changed by posting the amended version on the Site . Please review them regularly. If you continue to use the Site after a change has been made you are deemed to have accepted the change. 
  1. Advertising and Sponsorship
  • The Site may contain third party advertising and sponsorship and advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Site complies with international and national law.  We will not be responsible for any error or inaccuracy in advertising material.
  1. Competitions and Prizes
  • From time to time we may run competitions, free prize draws and promotions on the Site.  In each case these will be subject to additional competition terms which will be made available on the Site.
  1. Registration
  • On certain parts of the Site we may require you to register and provide certain information about yourself and where you do this you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the relevant registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data (by sending an appropriately worded email to enquiriesaustralia@childsfarm.com) to keep it true, accurate, current and complete.

You must be aged 18 or older to register with this Site. 

  1. Submission of Information/Data
  • Where information (including sensitive financial or personal information) is provided to UCC Australia or Childs Farm (whether directly through the Site or otherwise) you accept that these methods of communication cannot be 100% secure. Neither UCC Australia nor Childs Farm accept any responsibility or liability for any damages (other than liability for death or physical injury arising out of the negligence of UCC Australia or Childs Farm, or its officers or any liabilities that cannot, as a matter of law, be excluded) arising from the misuse or loss of data or information submitted by you to UCC Australia or Childs Farm, whether directly through the Site or otherwise.
  • The provision of personal data by you and use of it by UCC Australia and/or Childs Farm is subject to our, which is incorporated in these Terms of Use.
  1. Your Username and Password
  • If you register on the Site, you will be allocated with a unique username and/or password that gives you access to your personal Site account. You are responsible for maintaining the confidentiality of your username and password, and are fully responsible for all activities that occur through your Site account.
  • You agree to (a) immediately notify us if you become aware of any unauthorised use of your password or Site account or any other breach of security by sending an appropriately worded email to and (b) ensure that you exit from your Site account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to comply with these requirements.
  1. Contacting Us
  • If you need to contact us about these Terms of Use you may do so by writing to Australia Pty Ltd, 34 Oamaru Street Northcote VIC 3070 or by email to enquiriesaustralia@childsfarm.com.
  1. Other important terms
  • We may transfer our rights and obligations under these Terms of Use to another organisation, but this will not affect your rights or our obligations under these Terms. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
  • These Terms of Use shall be governed by and construed in accordance with the Fair Trading Acts of the applicable state and the Australian Consumer Law. Any disputes arising in relation to the Site or these Terms of Use shall be subject to the exclusive jurisdiction of the courts of Australia.
  • If any provision of these Terms of Use should be determined to be illegal, invalid or otherwise unenforceable, it shall be deemed deleted and the remaining terms and conditions shall survive and continue to be binding and enforceable.
  • If we (or Childs Farm) fail to insist that you perform any of your obligations under these Terms of Use, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we (or Childs Farm) do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
  • Headings in these Terms of Use are for convenience only and will have no legal meaning or effect.
  • The contract formed under these Terms of Use supersedes all previous agreements or arrangements between you and UCC Australia in respect of the provision of the Site and represents the entire understanding between you, UCC Australia and Childs Farm in relation to the same.
  • For the avoidance of doubt, Childs Farm shall be entitled to enforce these Terms of Use. No other third parties shall be entitled to do so.

Childs Farm

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