​Please read these Terms and Conditions (“Terms and Conditions”/”Agreement”) carefully before accessing Bebéactive’s website (“Website) or renting a Bassinet from our Website. These Terms and Conditions apply to anyone who visits our Website our rents a Bassinet (“Bassinet”) from our Website (“Renters”).  

 

By accessing our Website or by renting the Bassinet from our Website, you agree to be bound by these Terms and Conditions. If you disagree with any part of these Terms and Conditions then you may not access our Website. 

 

1. GENERAL 

   • Thank you for visiting Bebéactive (hereinafter referred to as “us”, “Company” or “we”). To know more about Bebéactive, please click here.  

   • Please note that these Terms and Conditions contain a dispute resolution clause. Except where expressly mentioned, you agree that disputes relating to these Terms and Conditions or your use of the Website will be governed by this dispute resolution clause. You waive your right to participate in litigation or class-action lawsuit or class-wide arbitration.   

   • By accepting this Agreement, you affirm that you are a major and fully competent to enter into this Agreement, and to abide by and comply with this Agreement. In case you are a minor, you can use our Website only with the consent of your parents or legal guardian (s). 

   • By agreeing to these terms and conditions, you agree to the processing and storage of your personal information in accordance with our Privacy Policy. In the event of any inconsistency between these Terms and Conditions and the Privacy Policy, the privacy policy shall prevail at all times.

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1. APPLICABLE TERMS 

   • Your use of this Website and the Bassinet is subject to the following: 

     • Bassinet Rental Agreement signed between Bebéactive i.e. us and you i.e. the Renter; 

     • Bebéactive Terms and Conditions; 

     • Bebéactive Privacy Policy;

     • Product Manufacturer Terms of Sale;

     • Product Manufacturer End User License Agreements;

     • Product Manufacturer User Guides;

     • Product Manufacturer Safety Guides;

     • Any applicable laws, rules, and regulations.​​​​​​

• In the event of any inconsistency between these Terms and Conditions and the Bassinet Rental Agreement, the latter will prevail at all times. 

• In the event of any inconsistency between these Terms and Conditions and Bebéactive’s Privacy Policy, the latter shall prevail at all times.  

• In the event of any inconsistency between any legal documents issued by Bebéactive (such as the Terms and Conditions, Privacy Policy, and the Agreement) and legal documents issued by the product manufacturers, the latter documents shall prevail at all times. Under all circumstances, including Terms of Sale and End User License Agreements shall prevail over all documents and at all times.

• These Terms and Conditions constitute the whole agreement between us for the purposes of accessing this Website. At certain places, you may be asked to agree to additional terms and conditions particularly if you are a Renter of the Bassinet. Those additional terms and conditions are hereby incorporated into these Terms and Conditions. Where those terms are inconsistent with these Terms and Conditions, the additional terms (particularly the Agreement) shall prevail at all times. 
   

2. REGISTRATION AS A RENTER 

•  You may rent the Bassinet from us by filling out a Rental Agreement. 

• In order to rent the Bassinet through us, you may be required to submit personal information such as your first name, last name, gender, date of birth, and email address. We handle and use your personal information in accordance with our Privacy Policy. We encourage you to read our privacy policy carefully. In the event of any inconsistency between these Terms and Conditions and the Privacy Policy, the Privacy Policy shall prevail as far as data protection is concerned. 

• You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your device. We will not be responsible if someone hacks into your account or steals your personal information. You undertake not to create more than one account.

• Bebéactive’s and Product Manufacturer accounts are not transferable and therefore you agree to not sell, rent, transfer, or exchange Bassinet in any way or under any circumstance. 

• By accessing our Website or by renting the Bassinet through us, you warrant that: (i) You are legally capable of entering into binding contracts; (ii) Your use of our website or your status as a Renter of the Bassinet does not violate any rules, laws or regulations. (iii) All information submitted by you at the time of registration is truthful and accurate; (iv) You will maintain the accuracy of such information; (v) You will comply with applicable laws, rules, and regulations at all times (including those imposed by renting a Bassinet).

 

3. RENTAL PAYMENTS  

• We are free to charge any rental for renting the Bassinet to you. It is the duty of Renters to make timely payments in order to avoid any inconvenience. 

• We reserve the right to cancel your order if you do not make the rental payment. 

• We reserve the right to set-off or to adjust the payments for any unpaid invoices. 

• We reserve the right to charge interest for any late rental payments or for any unpaid invoices.

• For any questions related to the rental of the Bassinet, please write to us at: patty@bebeactive.com.  

 

4. DELIVERY OF YOUR BASSINET

• Upon the receipt of full rental, we will aim to deliver the Bassinet in a timely manner. However, we will not be held liable if there is any delay in delivering the Bassinet which is beyond our reasonable control. 

• Subject to the Agreement, we reserve the right to charge a delivery fee for the Bassinet.

• We will not be held liable if the Bassinet is lost, destroyed, or damaged while in transit.

• The Renter undertakes and agrees to provide a proof of delivery of Bassinet if asked.

 

5. RENTAL PRODUCTS

• Unless we receive a notice, the Bassinet will be deemed to be accepted by the Renter within 7 days of delivery of the goods. If we do not hear from you during the 7-day period, we will consider that the Renter is satisfied with the Bassinet. 

• Nothing included in this clause, affects the Renter’s rights under the applicable Australian Consumer Law particularly for any alleged failure of a guarantee.

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6. PROHIBITIONS AND RESTRICTIONS 

Your use of the Website is contingent upon the following: 

• You agree to use the Website in such a way that it does not interrupt, interfere, harm, damage, destroy or limit the functionality of our business, our Website, and the Bassinet. Such acts could include but are not limited to uploading, posting, emailing, sharing, sending, or transmitting any content that contains software viruses or any other computer code, files or programs.  

•  You agree not to interfere with any connections which our Website may have with any third-party website, networks, or servers.  

• You agree not to access the Website in an unauthorized manner.

• You agree not to impersonate any person while using this Website and conduct yourself in an offensive manner. 

• You agree not to use the Website for any illegal purposes including but not limited to unlawful, harassing, libelous, invasion of another’s privacy, abusive, threatening or obscene purposes. 

 

7. INTELLECTUAL PROPERTY RIGHTS  

• All content contained in this Website is owned by BebeActive or our affiliates and/or third-party licensors, where applicable). You agree that you cannot use this material without our explicit authorization. This content (images, videos, logos, and others) available on this Website is solely for your personal use. You are prohibited from using this content for commercial purposes without written authorization (which may be withheld). You may write to us at patty@bebeactive.com to seek consent for using our Website for commercial purposes.  

•  We may remove commercial advertisements, affiliate links, and other forms of solicitation without notice and may terminate your account.   

• You agree not to download, copy, republish or transmit any content without our prior written authorization. 

• You are allowed to share the content available on this Website on your personal social media channels such as Facebook, Twitter, etc. subject to any copyright restrictions imposed by the copyright owner. For the avoidance of doubt, it is best to seek the consent of the copyright owner before posting their content. It is also a good idea to attribute the author of the work.  

• You undertake not to do anything on this Website which infringes upon someone else’s copyright, trademarks, trade secrets, and proprietary information without their written authorization. We reserve the right to remove any infringing material posted by you if we are notified of any infringement by the intellectual property owner or their legal agent or representative. 

• This Website may allow users to submit content to us. For example, you may be able to upload a profile picture, post comments in the community and at other places. We will retain the rights over this user generated content in order to operate, market, and promote the Website. You grant us an irrevocable, perpetual, non-exclusive, transferable, fully-paid, royalty free, worldwide license to use, copy, distribute, publicly perform, publicly display, print, publish, republish, modify, translate and create derivative works of such user generated content.  This license also grants us the right to sublicense the user generated content to other users so that they are able to use this content from time to time. 

• Bebéactive ® and Bebéactive logo are trademarks of BebeActive. All intellectual property, trademarks, logos, images, graphics, pictures, and other content or materials displayed or referred to in the Website belongs to BebeActive. You are prohibited from using, altering, removing or copying such material including Bebéactive’s logo, brand, or service mark without the prior written consent of BebeActive. In order to seek our consent, please write to us at: patty@bebeactive.com.

• The Renter understands and agrees that product manufacturers have the proprietary rights over their software and that the Agreement does not confer any rights to you to use any apps or the underlying software. If you wish to use the product manufacturer’s app, please take the necessary licence and permission from the product manufacturer. Under no circumstance will BebeActive Pty Ltd (we) be held liable if the Renter breaches a manufacturers Terms of Sale or End User License Agreement.

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8. DISCLAIMERS 

• The Renter understands and agree that all the Bassinets available through us or via our Website are second hand products and were not purchased directly from the manufacturer. The Bassinets (as available through us or our Website) are not endorsed or supported by the manufacturer. Consequently, there is no manufacturer warranty or manufacturer customer service for the Bassinet (s) rented via our Website. The Renter is solely responsible for undertaking any repairs related to any Bassinet (s) rented via us i.e. if us.  

• Under no circumstance will we be held liable if the Renter or their baby suffers any injury due to the use of the Bassinet (s) rented via us or through our Website. It is the Renter’s sole responsibility to follow the product manufacturer’s Usage Instructions and End User License Agreement, and all Safety Guidelines. 

• As the Bassinet (s) available via this Website are second hand products, we are not responsible for any repairs. Further, we will not be held liable if you do not find them to be of the requisite quality. If you think that there are any defects or technical issues with our products or Website, please contact us at  patty@bebeactive.com  so that we could bring it to the manufacturer's knowledge. 

 

9. ADDITIONAL CHARGES AND CANCELLATION FEES

• Subject to the Rental Agreement, we may require the Renter to pay additional charges in case we incur any costs resulting from reliance on inadequate or incorrect information provided by the Renter.

 

10. THIRD PARTY LINKS

• We may provide links to other products or websites for you to access. You agree that any access is at your sole discretion and purely for informational purposes. Neither do we review nor do we endorse those products or websites. We will not be held liable for any breach occurring due to your access to those products, or websites including but not limited to: (i) privacy breach (ii) copyright infringement (iii) the quality of content, products advertising, goods or other materials available on those websites. 

• We will also not be responsible if there is any damage, loss, or offense caused or alleged to be caused due your access to these third-party websites. 

• You must not create a link to our Website in such a way as to suggest any form of association, approval or endorsement on our part as none exists. We have the sole authority to consent to any third-party linking to our Website. If you wish to establish a link to our Website or enter into a commercial partnership with us, please send us an email at: patty@bebeactive.com

• If we discover that you have linked your products or website without taking our written authorization, we reserve the right to terminate your account and withdraw your access to the linking functionality.

 

11. END USER LICENSE 

• We grant you a limited, non-exclusive, revocable license to share the content available on our website only for your personal use and for non-commercial purposes. 

• The content available on this Website should only be used in accordance with these Terms and Conditions, our Privacy Policy, and the applicable laws.   

• You agree that you will not make the content available on this Website to the public without our written authorization. This Website (including the content) and is solely owned by BebeActive Pty Ltd and your use of them must be in accordance with these Terms and Conditions. 

 

12. GUARANTEE ON AVAILABILITY

• Our ability to provide the Bassinets and this Website depends upon several factors including but not limited to availability of inventory, technical reasons, market conditions, and others. Therefore, we do not guarantee that the Website or the Bassinets will be available at all times or in perpetuity.  

• Your access to the Website may be occasionally restricted to allow for updates, maintenance or the introduction of new features. We will restore our Website as soon as is reasonably possible in the circumstance (s) of the case. 

 

13. REPAIRS AND WARRANTIES

• Subject to the Rental Agreement, there is no manufacturer warranty or manufacturer customer service for Bassinets rented via our Website or platform.

 

14. NO REPRESENTATIONS

• The Renter acknowledges and agrees that it has not relied on any representations, inducements or statements made by us regarding the supply of any goods or Website.

• The Renter acknowledges and agrees that it has satisfied itself that the Bassinet is fit for the purpose it requires them for. 

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15. LIMITATION OF LIABILITY 

• Under no circumstance shall BebeActive Pty Ltd, nor any of its officers, directors and employees, be liable to you for anything arising out of or in any way connected with the use of our goods and Website, whether such liability is under contract, tort or otherwise. 

• Under no circumstance shall BebeActive Pty Ltd including its officers, directors and employees be liable for any indirect, consequential or special liability arising out of or in any way related to your use of the Bassinet or a breach of these Terms and Conditions or a breach of our Privacy Policy. 
   

16. ASSIGNMENT AND SUB-LICENSE 

• We may transfer, assign, and sublicense our rights and obligations under these Terms and Conditions to any company, firm or person at any time provided it does not materially affect your rights under it. 

• You may not transfer, assign, and sublicense your rights or obligations under these Terms and Conditions to anyone else as they are personal to you. 
   

17. INDEMNIFICATION 

• You agree to indemnify us (including our officers, employees, directors, agents, contractors, sub-contractors, and others) to the fullest extent possible from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including reasonable attorney’s fees) arising out of or in any way related to your breach of any of the provisions of these Terms and Conditions.

 

18. SEVERABILITY 

• If any provision of these Terms and Conditions is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.

 

19. VARIATION OF TERMS 

• We may reserve the right, at our sole discretion, to modify, suspend, cancel, or replace these Terms at any time. It is your responsibility to keep yourself updated about recent changes.  

 

20. WAIVER 

• If there is a delay on our part in exercising our rights under these Terms and Conditions, such delay will not constitute as a waiver of that right or any other rights under these Terms and Conditions.  

 

21. DISPUTE RESOLUTION 

• Please read these paragraphs carefully as they require you to resolve any disputes in good faith with BebeActive. It also limits your ability to litigate claims in a court or before a jury or to participate in a class action or representative action with respect to a claim. 

• If you have any question, complaint or concern (s) regarding these Terms and Conditions or this Website, you can contact us at: patty@bebeactive.com.

• In the event of any dispute or claim arising out of or relating to the use of your personal information, you will attempt in good faith to negotiate a written resolution of the matter directly between the parties. If the matter remains unresolved for sixty days after notification (via email, certified mail or personal delivery) that a dispute exists, the parties will attempt to resolve the matter via mediation. The parties shall mutually agree to appoint a mediator. 

• The mediator will have the exclusive authority to determine the rights and liabilities of both the parties to the mediation. The dispute will not be consolidated with any other matters or joined with any other cases or parties. The award of the mediator is final and binding upon both the parties. 

• Except as required by law, you waive any constitutional or statutory rights to go to court and have a trial in front of a judge or jury. Rather, you agree to resolve any disputes by mediation.

• You waive your rights to a jury trial unless required by law.  

• You agree to bring any claims against us only in your individual capacity and not as a plaintiff or class member in any purported class or consolidated action.

 

22. CONFIDENTIALITY  

• The Renter agrees not to disclose any confidential information unless required by law. 

• The Renter must notify us immediately once it becomes aware of any breach of confidentiality in respect of the confidential information. The Renter also agrees to take all reasonable steps necessary to prevent further unauthorised use or disclosure of the confidential information.

• For the purposes of this section, confidential information means all information disclosed by us to the Renter (inclusive of these Terms and Conditions and the prices of the goods and Website). It excludes information that: (i) is public knowledge or becomes available to the Renter from a source other than us; or (ii) is rightfully known to, or in the possession or control of the Renter and not subject to an obligation of confidentiality in accordance with these Terms and Conditions. 

 

23. TITLE AND RISK OF GOODS 

• The title in the goods supplied by us will pass on to the Renter only once we receive all the payments related to the goods. If payment is made by way of cheque or other negotiable instrument, title in the goods will not pass to the Renter until the cheque or other negotiable instrument has been honoured or cleared by the bank.

• In the event that the Renter is required to return any goods to the Company, risk in the goods passes to the Company on confirmation of receipt of the goods by the Company. 

 

24. GST

• The prices of Bassinet may not include the GST. If GST is payable on the delivery of the Bassinet (s) pursuant to these Terms and Conditions or the Agreement, the Renter agrees to pay the GST. 

 

25. ENTIRE AGREEMENT 

These Terms and Conditions including any legal notices and disclaimers, constitute the entire agreement between us in relation to your use of this Website, and supersedes all prior agreements and understanding with respect to the same subject matter as outlined in this Agreement. 

 

26. CHOICE OF LAW   

• These Terms and Conditions are governed by the laws of Australia. 

• These Terms and Conditions shall consider conflict-of-laws principles.

 

27. NOTICES & COMMUNICATION 

1. These Terms and Conditions are subject to change at any time without notice. Please review these Terms and Conditions periodically to make sure that you are aware about the changes. We will not be held responsible if you are not aware about the recent changes to these Terms and Conditions. The recent changes can be found at the top of this policy. 

 

These Terms and Conditions are effective from 11th October, 2023. If you have any questions related to these Terms and Conditions or about Bebéactive, please contact us at patty@bebeactive.com.

 

These Terms and Conditions are effective and were last updated on 11th October 2023. 

 

BebeActive is located in Australia.