Terms of Service

Copyright
The information provided on the Clean Cloth Nappies website, Facebook page, Facebook group and Instagram is intended to be used for personal use only. All Content, including but not limited to information, graphics, photos and files on these platforms are copyright to Clean Cloth Nappies ©2019. Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following:

• You may print or download to a local hard disk extracts for your personal and non-commercial use only.
• You may copy the content to individual third parties for their personal use, but only if you acknowledge Clean Cloth Nappies as the source of the material.

You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.

See below for more information or contact for content use permission [email protected]

Disclaimer
The information provided on Clean Cloth Nappies has been researched thoroughly and tested extensively by both the administration team and group members. To the best of our knowledge, the information on the platforms is safe, accurate and reliable as of the date of publication.

Undertaking the advice provided on the platforms , or provided by volunteer administrators remains the choice of the user. It is solely the user’s responsibility to test the methods and products to satisfy the suitability themselves. Clean Cloth Nappies recommend that users adhere to safe handling procedures when using products and familiarise themselves with appropriate first aid actions as listed on individual product packaging. Clean Cloth Nappies does not recommend using any product outside its intended purpose.

Clean Cloth Nappies does not accept any responsibility or liability for damage or injury that may occur from the information, methods, or misuse of information provided. If in doubt, seek professional advice.

This website is operated by Clean Cloth Nappies. Throughout the site, the terms “we”, “us” and “our” refer to Clean Cloth Nappies. Reference to “parties” means You and “Clean Cloth Nappies” collectively. Clean Cloth Nappies offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. 

Content
Clean Cloth Nappies may present information and content, including but not limited to, articles, opinions, text, statistics, data, product information, time stamps, software applications, commentary, advertisements, graphics, photographs, illustrations, calendars, designs, games, reviews, video and audio files, buttons, icons, programs and code, in addition to User Generated Content (as defined herein) (collectively, “Content”), that is owned or licensed by us. The Services may also include materials, applications and information owned by third parties and made available through the Services by virtue of a license, grant or some other form of agreement between the third party and Clean Cloth Nappies.

Other than where required by law, Clean Cloth Nappies is not responsible for inaccurate information provided through the Services and makes no representations as to the accuracy, reliability, timeliness or completeness of Content, including without limitation the description, availability or effectiveness of any product. Other than where required by law, Clean Cloth Nappies does not assume any liability for any loss that may result from the reliance by any person upon any Content provided on through the Services.

Clean Cloth Nappies does not endorse or have any control over User Generated Content submitted by you or others and accepts no responsibility whatsoever in connection with or arising from any content posted by any user. User Generated Content submitted through the Services is not necessarily reviewed by Clean Cloth Nappies prior to posting or at any time. If Clean Cloth Nappies chooses, in its sole discretion, to monitor any Forums, Clean Cloth Nappies nonetheless assumes no responsibility for User Generated Content, no obligation to modify or remove any inappropriate or inaccurate User Generated Content, and no responsibility for the conduct of the user submitting any User Generated Content.

To the extent permitted by law, Clean Cloth Nappies makes no warranties, express or implied, as to the suitability, accuracy or reliability of any files, data, ideas, information, opinions, reviews, communications, messages, posts, transmissions or other content and materials, including User Generated Content, accessible on or through the Services. Nonetheless, Clean Cloth Nappies reserves the right to prevent you from submitting User Generated Content and to edit, restrict and/or remove any User Generated Content for any reason, including but not limited to content that violates these Terms of Service or is otherwise inappropriate, at any time. You agree that Clean Cloth Nappies shall not be liable if we prevent, in our sole discretion, your User Generated Content from being distributed or posted, or we edit, restrict or remove it. You also agree to permit any other user of the Services and any third-party website on which your User Generated Content may be included, to access, view, store and reproduce such material, including any public portions of your Profile Information, for their individual use.

Certain portions of the Services may offer you the ability to send (by e-mail or otherwise) messages directly to Clean Cloth Nappies or another user. To the extent permitted by law, the Clean Cloth Nappies shall have no liability for any delay, loss or damage that may result from your use of such features or from interception or unauthorised use by third parties of any information you send through our systems. You are solely responsible for your interactions with other users on and through the Services.

Ownership and Use of Content
Except as otherwise set forth herein, as between you and Clean Cloth Nappies, all Content is owned by Clean Cloth Nappies and is protected by worldwide copyright laws and treaty provisions, unless otherwise indicated. You may make and use printouts of the Content for your personal, non-commercial use only, provided that the printouts retain all copyright, trademark and other proprietary notices. Use of the Content on any other website or in a networked computer environment for any purpose, or any other republication or redistribution of the Content, including, without limitation, framing the Content within another website, is expressly prohibited without the prior written permission of Clean Cloth Nappies. Please contact us with any licensing inquiries.
Clean Cloth Nappies shall not (a) be subject to any obligations of confidentiality regarding any User Generated Content.

By providing information or posting Content through the Services, you hereby grant the Clean Cloth Nappies a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free right and license to use, copy, edit, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, create derivative works from and edit any such Content for any purpose, commercial, advertising, or otherwise, on or in connection with any product, the Services or the promotion thereof. By submitting User Generated Content on or through the Services, you represent to the Clean Cloth Nappies that such content is original.

Services
Through the Services, you may be able to review Content, set up a user account, upload and download files, register for membership, make purchases, sign up for contests, communicate and establish relationships with other users, and post photographs, video and audio clips, reviews, information, opinions and comments. Clean Cloth Nappies reserves the right to change, suspend and discontinue any aspect of the Services at any time including, but not limited to, the nature of the Services offered, databases, hours of availability, and software needed for access or use. Notwithstanding anything herein to the contrary, Clean Cloth Nappies reserves the right to permit or restrict any user’s access to the Services in its sole and absolute discretion, including the termination of user accounts in the event of a breach of these Terms of Service by the user.

Submitted Information
Clean Cloth Nappies offers original and third party information through the Services. You may be invited to provide personal information, custom screen names, icons and other profile information (collectively, “Profile Information”), and you may be permitted to comment on, post, transmit or submit messages, commentaries, reviews, testimonials, concepts, techniques, and other information and materials, which may include (without limitation) uploading files, participating in chat sessions, providing Profile Information and engaging with other users of the Services (collectively, and together with Profile Information, “User Generated Content”).When you submit, publish, post or display User Generated Content through the Services by creating a profile, connecting with other users, or posting Content to any blog, board or forum (collectively, “Forums”) you agree to strictly limit yourself to the subject matter for which the Forums are intended and to comply with these Terms of Service.

Advertisements and Third Party Content
From time to time, we may incorporate advertising, information, features and services provided by other users or third parties (“Third Party Content”). Third Party Content, whether or not provided by us, does not imply our endorsement, approval, or verification of such Third Party Content or the policies, products or services of any third party. We do not always review Third Party Content and to the extent permitted by law, we are not responsible or liable for its quality, availability or completeness, or its compliance with any law, rule or regulation. By providing access to Third Party Content, Clean Cloth Nappies is not recommending the products or services of any third party. Subject to the terms of the applicable service or other applicable agreements, we may remove Third Party Content upon written request by its owner or licensor. Please consult the Terms of Service and Privacy Policy applicable to such Third party Content prior to using it.

Limitation of Use
You agree that you will neither post nor submit any User Generated Content that:

• is unlawful, threatening, obscene, vulgar, pornographic, profane or indecent, including any communication that constitutes (or encourages conduct that would constitute) a criminal offense, gives rise to civil liability or otherwise violates any local, state, national or international law;
• violates the copyright, trademark or other intellectual property rights of any other person or Clean Cloth Nappies;
• is false, inaccurate or misleading or improperly assumes or claims the identity, characteristics or qualifications of another person;
• imposes an unreasonable or disproportionately large load on any infrastructure supporting the Services;
• is for the purpose of spamming or promoting goods or services without our prior authorisation;
• is fraudulent or involves the distribution or sale of illegal, counterfeit, or stolen items;
• contains any virus, Trojan horse, worm, time bomb, cancelbot, Easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information, or other harmful component; or
• is libellous or invasive of privacy or publicity rights or any other third party rights.

Furthermore, Clean Cloth Nappies grants you a limited, revocable and non-exclusive license to access and make personal use of the Site, and you acknowledge and agree that you will not: (i) conduct yourself in any manner that may result in disputes, arguments or altercations with other users of the Services or any third parties that you encounter as a result of using the Services; (ii) collect or store personal information about other users of the Services, including collecting user names or e-mail addresses of users by electronic or other means for the purpose of sending unsolicited e-mail, (iii) upload, e-mail or otherwise transmit any material or User Generated Content that contains viruses or any other computer code, files or programs that might interrupt, limit or interfere with the functionality of any computer software, hardware, database or file that is owned, leased or used by Clean Cloth Nappies, the Services, or their users; or (iv) submit unwanted messages by e-mail or otherwise or post User Generated Content that disparages or insults any user or Clean Cloth Nappies.

Security
In connection with your use of the Services, you may establish or otherwise receive Clean Cloth Nappies user IDs, passwords and other security codes (“User Codes”) that you may need in order to access and use certain portions of the Services.
You agree to provide true, accurate, current and complete information about yourself as prompted by any registration forms (“Registration Information”) and maintain and promptly update the Registration Information to keep it true, accurate, current and complete. You hereby authorise Clean Cloth Nappies, directly or through third parties, to make any inquiries we consider necessary to validate your Registration Information. Clean Cloth Nappies reserves the right to pursue legal actions against all persons who misrepresent personal information in any transactions or are otherwise untruthful about their identity, and to suspend or cancel accounts registered with inaccurate or incomplete information. Notwithstanding the foregoing, you acknowledge that Clean Cloth Nappies cannot guarantee the accuracy of any information submitted by any user, nor any identity information about any user.

You are responsible for maintaining the confidentiality of your User Codes. You agree that you will be fully responsible for all activities that occur utilising your User Codes, and that Clean Cloth Nappies has no duty to inquire as to the authority or propriety of instructions provided via your User Codes, or to otherwise verify the identity of anyone using your User Codes. You agree that Clean Cloth Nappies shall not be responsible for damages or losses resulting from any breach of security caused by loss or your failure to maintain the confidentiality of your User Codes.

Intellectual Property
We retain all right, title and interest in any pre-existing intellectual property that is owned by Us (“Our IP”), and which may be used in carrying out Services, including any modifications or improvements made to Our IP during or as a result of the Services to be performed under the agreement. Except for Our IP and upon payment in full of all amounts due to Us, all documents, drawings, specifications, information, patents, patent applications, inventions, developments or processes or any copyrightable material originated and developed by Clean Cloth Nappies.

Non Infringement of Third Party Rights
You warrant and represents to Us that all material supplied to Us by You shall be Your property and that such material shall not infringe the intellectual property rights of a third party. In the absence of any negligence on Our part, You agree to indemnify Us and to hold Us harmless from and against all actions, proceedings, costs, damages, claims, demands, expenses, losses and liabilities arising out of or by reason of You breaching or interfering with any intellectual property rights of a third party.

Errors, Inaccuracies and Omissions
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

The Services and Content are provided “As is” and without warranties of any kind, either express or implied, including, but not limited to, all implied warranties or mechantability, fitness for a particular purpose, title and non-infringement, which are hereby expressly disclaimed to the fullest extent permissible pursuant to applicable law. Clean Cloth Nappies shall not be responsible or liable to any user for any acts of fraud, theft, misappropriation, tampering, hacking, interception, piracy, misuse, misrepresentation, dissemination, or other illegal or unauthorised activities of third parties the Australian Consumer Law may imply warranties or conditions or impose obligations upon Clean Cloth Nappies that cannot be excluded, restricted or modified to a limited extent. These Terms of Service must be read subject to these statutory provisions.

Indemnification
You agree to indemnify, defend and hold harmless Clean Cloth Nappies and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns 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.

Severability
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

Termination
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

Entire Agreement
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies (including the Terms & Conditions of Trade published on the Clean Cloth Nappies site) or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

Governing Law
These Terms of Service shall be governed and construed in all respects in accordance with the law of South Australia and the parties submit to them non-exclusive jurisdiction of the courts of that State in respect of all matters arising under or relating to this agreement. The foregoing shall not preclude the Clean Cloth Nappies from seeking any injunctive relief in courts of competent jurisdiction located in other countries and jurisdictions for protection of the Clean Cloth Nappies IP.

Dispute Resolution
The parties agree to use best endeavours to resolve in good faith any dispute concerning this agreement. Each party must follow the procedures in this clause before starting arbitration or court proceedings (except for urgent injunctive or declaratory relief). If a dispute arises between the parties and that dispute cannot be resolved promptly between their nominated contact persons, either party may notify the other party of a formal dispute. Each party must nominate a senior executive to meet with 5 business days of the notice (or another agreed period) to try and resolve the dispute. If the dispute remains unresolved after the expiry of 5 business days from the date a party gave notice of the dispute, the parties must try to resolve the dispute by mediation administered by an independent mediator agreed to by both parties. (Despite the existence of a dispute, and except where otherwise provided, each party will continue to perform its obligations under this agreement).

Clean Cloth Nappies ©2019