These terms and conditions (Terms) are entered into Boobobutt Pty Ltd ACN 652 031 831 (we, us or our) and you, together the Parties and each a Party. These Terms supplement and incorporate our privacy policy, website terms of use and guidelines and code of conduct posted on the Platform.
We provide a platform where providers of child friendly services and products (Providers) and parents and caregivers (Users) can connect (Platform). The Platform is available at https://boobobutt.com.au/ and via other channels or addresses, including our mobile application.
In these Terms, you means (as applicable) (1) the person or entity registered with us as either a User or Provider; or (2) the individual accessing or using the Platform.
If you are using the Platform on behalf of your employer or a business entity, you, in your individual capacity, represent and warrant that you are authorised to act on behalf of your employer or the business entity and to bind the entity and the entity’s personnel to these Terms.
Acceptance
You accept these Terms by registering on the Platform or using the Platform or the services.
You must be 13 years old to use the Platform. If you are under 18 years old, you represent and warrant that you have permission from your parent or legal guardian to access and use the Platform, and they have accepted these Terms on your behalf.
We may amend these Terms at any time, by providing written notice to you. By continuing to use the Platform after the notice or 30 days after notification (whichever date is earlier), you agree to the amended terms. If you do not agree to the amendment, you may terminate these Terms in accordance with the Termination clause.
If you access or download our mobile application from (1) the Apple App Store, you agree to any Usage Rules set forth in the App Store Terms of Service. We may use Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Terms of Service.
Platform Licence
Subject to your compliance with these Terms, we grant you a personal, non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Platform in accordance with these Terms. All other users are prohibited without our prior written consent.
When using the Platform, you must not do or attempt to do anything that is unlawful or inappropriate, including:
Platform summary
The Platform is a marketplace where Users and Providers can find each other, and connect, or locate child friendly goods and/or services. We provide the Platform to users (including hosting and maintaining the Platform), the Platform also assists Users and Providers to form contracts for the supply of goods and/or services and provide promotional opportunities for Providers (together the Boobobutt Services). You understand and agree that we only make available the Platform and the Boobobutt Services. We are not party to any agreement entered into between a User and a Provider and we have no control over the conduct of Providers, Users or any other users of the Platform.
A Provider wanting to list child friendly goods and/or services creates an Account on the Platform and posts an accurate and complete description of the goods and/or services (Provider Listing).
A User wanting to buy goods and/or services creates an Account on the Platform to view and browse Provider Listings.
A User may request goods and/or services described in a Provider Listing to the Provider by sending a request through the Platform. The request is an offer from the User to the Provider to book or buy the goods and/or services described in the Provider Listing (Booking Request).
Accounts
You must register on the Platform and create an account (Account) to access the Platform’s features.
You may only have 1 Account on the Platform which you can use as a Provider and as a User, where applicable.
You must provide basic information when registering for an Account including your business name, contact name and email address and you must choose a username and password (Account Information). The username you choose must not (1) be offensive or in other ways insulting or (2) contain characteristics which belong to a third party, including names of famous persons, or personal names to which you do not own the rights.
You may also register for an Account using your Facebook or other social media network account (Social Media Account). If you sign in to your Account using your Social Media Account, you authorise us to access certain information on your Social Media Account including but not limited to your current profile photo and other basic information.
Once you have registered an Account, your Account Information will be used to create a profile which you may then curate.
You agree to provide accurate, current and complete information during the registration process and regularly update your Account Information to keep it accurate, current and complete.
Your Account is personal and you must not transfer it to others, except with our written permission. You are responsible for keeping your Account details and your username and password confidential and you will be liable for all activity on your Account, including purchases made using your Account details. You agree to immediately notify us of any unauthorised use of your Account.
We may make access to and use of certain parts of the Platform subject to conditions or requirements, including identity verification, cancellation history, quality of the services, threshold of reviews.
Communication
We may contact you via the Platform using in-Account notifications, or via off-Platform communication channels, such as text message or email. Users and Providers can communicate privately using our private messaging service or offline using the listed contact details.
Payment
It is free to register an Account on the Platform, for Users to create Provider Listings, or for other users to review content on the Platform, including Provider Listings.
As a User, you agree to pay the Provider any relevant fees set out in the Provider Listing (Listing Fees) at the time a Booking Request is accepted.
If you choose to sign up to our bespoke scheduling and activity services (referred to as Smart Assistant), you will be subject to the Smart Assistant service fees and terms and conditions.
Refunds and Cancellation Policy
The cancellation, or refund of any services or goods ordered on this Platform from a Provider Listing is strictly a matter between the relevant User and Provider. The terms and conditions agreed to between the Provider and the User must be set out clearly in the relevant Provider Listing.
For disputes between Users and Providers, we encourage Parties to attempt to resolve disputes (including claims for returns or refunds) with the other Party directly and in good faith, either on the Platform or through external communication methods. In the event that a dispute cannot be resolved through these means, the Parties may choose to resolve the dispute in any manner agreed between the Parties or otherwise in accordance with applicable laws.
Identify verification
If we choose to conduct identity verification or background checks on any User or Provider, to the extent permitted by law, we disclaim all warranties of any kind, either express or implied, that such checks will identify prior misconduct by a User or Provider or guarantee that a User or Provider will not engage in misconduct in the future. Any verification of Providers on the Platform is not an endorsement or recommendation that the Provider is trustworthy or suitable. You should do your own due diligence before using a Provider’s services/buying goods from a Provider.
We may offer you the option of verifying your identity and/or validating your Account using a third party verification service (Third Party ID Service).
Where you have elected to verify your identity under this clause, you acknowledge and agree that (1) we may contact, connect to or otherwise liaise with Third Party ID Services to validate your identity and information (Identity Check); and (2) Third Party ID Services may provide us with your personal information or sensitive information, and you consent to us receiving and using this information to enable us to perform an Identity Check.
Following a successful Identity Check, you acknowledge and agree that (1) we may permit you to use verification signs, icons or badges in connection with your Account to indicate that a successful Identity Check has been performed (Verification Icon); and (2) a Verification Icon may only be used by the individual or business for whom the relevant Identity Check has been successfully performed and the relevant Verification Icon has been issued, and then, only where that individual is directly providing the relevant goods or services.
You acknowledge and agree that (1) the Identity Check and the issuance of a Verification Icon may not be fully accurate, as they are dependent on the information provided by the relevant individual or business and/or information or checks performed by third parties; and (2) you should not rely on the Identity Checks or the Verification Icons, and you should make your own inquiries as to the accuracy, legitimacy, validity, credibility or authenticity of any users of the Platform.
Reviews
Users may review their experience with the Provider on the Platform, including the goods and/or services purchased from the Provider Listing (Review).
You agree to provide true, fair and accurate information in your Review, which can be viewed by any user. If we consider that the Review is untrue, unfair, inaccurate, offensive or inappropriate, we may delete the Review or ban you from posting the Review. We reserve the right to (and at our discretion) suspend your Account if we have to ban multiple Reviews from you. We do not undertake to review each Review. To the maximum extent permitted by law, we are not responsible for the content of any Reviews.
You can write a Review about a Provider if you have had an experience with that Provider, which means that (1) you have engaged the Provider through the Platform; or (2) you can otherwise document your interaction with the Provider in relation to the Platform, including via correspondence (collectively referred to as a User Experience).
You may not write a review about a Provider you have previously owned currently own, or which an immediate family member currently owns, or if you are an executive or employee of that Provider, or work for the Provider. Similarly, you may not write a Review about a direct competitor to the Provider you own, are employed by or work for.
Your User Experience must have occurred in the 3 months prior to you writing a Review.
You may only write about your own User Experience. You are not permitted to write a Review about somebody else’s User Experience, such as that of a family member or friend.
You are encouraged to be specific and factual in your Reviews. If you have been offered an incentive by a Provider to write a Review, you should include information about this in your Review. Incentives include the Provider offering you a gift, reward, discount or advantage for writing a Review about the Provider on the Platform. If we become aware that you have made a Review where have been offered an Incentive by a Provider and this has not been disclosed, we reserve the right to remove your Review from the Platform.
Content
We may allow you to (1) post, upload, publish, send or receive relevant content and information, and Reviews (User Content) on or through our Platform; and/or (2) access and view User Content and the content and information we make available on the Platform (Boobobutt Content and together with User Content, Content).
You must not provide any User Content that promotes intolerance, racism, illegal behaviour or contains defamatory content. You agree that we have the right to amend, remove or delete any User Content provided to us and without notice to you. We reserve the right to ban you from posting the User Content and may (at our discretion) suspend your Account if we have to ban multiple User Content from you.
Unless otherwise indicated, we own or licence all rights, title and interest (including Intellectual Property Rights) in our Platform and all of the Content. Your use of our Platform and your use of and access to any Content does not grant or transfer to you any rights, title or interest in relation to our Platform or the Content.
You must not, without the prior written consent of ourselves or the owner of the Content (as applicable) or except as expressly permitted by these Terms, (1) copy or use, in whole or in part, any Content; (2) reproduce, reverse engineer, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content designated as paid, exclusive or non-shareable content to any third party; or (3) breach any Intellectual Property Rights connected with our Platform, including by altering or modifying any of the Content, causing any of the Content to be framed or embedded in another website, or creating derivative works from the Content.
Subject to your compliance with these Terms, we grant you a personal, non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to download and use our Platform on your personal device(s) and access and view any Content solely for your personal and non-commercial use, in accordance with these Terms. All other uses are prohibited without our prior written consent.
You grant us a non-exclusive, perpetual, irrevocable, worldwide, royalty free, sublicensable and transferable right and licence to use, view, distribute, communicate, copy, store, modify and exploit in any manner the User Content, to provide the Platform and promote the Platform in any media or promotional material or any third party sites (User Content Licence).
You agree that you are solely responsible for all User Content that you make available on or through our Platform. You represent and warrant that (1) you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content as contemplated by these Terms; and (2) neither the User Content nor the posting, uploading, publication, sending or receiving of the User Content or our use of the User Content on, through or by means of our Platform will infringe, misappropriate or violate a third party’s Intellectual Property Rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
Despite anything to the contrary, to the maximum extent permitted by law, you agree to indemnify us and hold us harmless in respect of any Liability that we may suffer, incur or otherwise become liable for, arising from or in connection with the User Content you make available on or through the Platform, including as a result of an Intellectual Property Breach.
The Content is not comprehensive and is for general information purposes only. It does not take into account your specific needs, objectives or circumstances, and is not advice. While we use reasonable attempts to ensure the accuracy and completeness of the Content, to the extent permitted by law, we make no representation or warranty regarding the Content. The Content is subject to change without notice. We do not undertake to keep our Platform up-to-date and we are not liable if any Content is inaccurate or out-of-date.
Ad Revenue Program for User Content
You can benefit from posting great User Content on the Platform! You may choose to register for our program to receive a share of revenue from advertisers, which is generated from the advertisements placed on your User Content (Ad Revenue Program).
How the Ad Revenue Program works
If you are eligible, you may sign-up to the Ad Revenue Program on the Platform. During the sign-up process, you will be required to provide bank account details, so that we may transfer to you the revenue earned by you in connection with the Ad Revenue Program. If relevant you must also provide your Australian Business Number.
Advertisers who choose to advertise on our Platform will pay us a fixed amount (Platform Advertising Sub-Licence Fee) to receive a sub-licence to place an advertisement on your User Content. In consideration for our use of the User Content Licence, we will pay you a royalty which is calculated as 70% of the Total Ad Revenue (Content Creator Royalty).
For the purposes of these Terms, Total Ad Revenue means the amount actually received by us from advertisers for the placement of advertisements on your User Content, excluding any applicable taxes.
Payment of the Content Creator Ad Revenue
Within a reasonable time of the end of each month, we will transfer the Content Creator Royalty earned by you from our use of the User Content in the previous month to your nominated bank account that you have provided to us. We will also send a receipt to your email address, detailing the Content Creator Royalty earned.
If an advertiser defaults on making payment of the Total Ad Revenue to us, you acknowledge and agree that we may be unable to make payment of the Content Creator Royalty to you.
If you are registered for GST, we will provide you with an RCTI for the payment of the Content Creator Ad Royalty due to you in the relevant month. If you dispute an RCTI, you must notify us via email of the dispute, including the reasons for the dispute, within 7 days of the date of that RCTI. If we do not receive a dispute notice within 7 days of the date of the RCTI, the RCTI will be deemed to be accepted. Where a dispute has occurred, the dispute will be handled in accordance with these Terms.
Where relevant, we will issue a RCTI in respect of the Content Creator Ad Royalty due to you under these Terms as follows. Each RCTI will contain:
We will only pay you Content Creator Royalty once we have received the Total Ad Revenue from the advertiser.
IMPORTANT: You must inform us prior to registering for the Ad Revenue Program if you are registered for GST. If you are registered for GST we will issue an RCTI prior to us transferring the Content Creator Royalty to you. If you cease to be registered for GST you must notify us as soon as practicable, but no later than 21 days after you cease to be registered.
Other terms relating to the Ad Revenue Program
We do not make any warranty or representation regarding the amount of Content Creator Royalty that you may earn, or guarantee that you will earn any Content Creator Royalty by participating in the Ad Revenue Program. You acknowledge and agree that the revenue generated from the placement of advertisements on the User Content is controlled by advertisers, and we have no control over the amount of Total Ad Revenue earned.
We have full and sole discretion over the placement and type of advertisements on the Platform, (including on the User Content), as determined by us.
You are only eligible to receive Content Creator Royalty on and from the date you sign up to the Ad Revenue Program. You will not receive Content Creator Royalty for any royalty that may have been generated from your User Content prior to the date of your sign-up to the Ad Revenue Program, or after the date these terms and conditions relating to the Ad Revenue Program are terminated, for whatever reason.
You may terminate your participation in the Ad Revenue Program at any time by contacting us at [insert].
We may terminate the Ad Revenue Program or update the terms and conditions relating to the Ad Revenue Program at any time, with written notice to you.
Warranties
You represent, warrant and agree that:
Self-Reporting
If you identify any User Content that is in breach of our community guidelines and/or promotes intolerance, racism, illegal be behaviour or contains defamatory content on our Platform, you can report it by sending an email to us at [email protected].
You can choose to include in the email information such as when the alleged offensive User Content was posted, a description of what was said and a screenshot of the original User Content where applicable.
You will report User Content promptly to us in accordance with this clause.
Australian Consumer Law
Certain legislation, including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth), and similar consumer protection laws and regulations, may confer you with rights, warranties, guarantees and remedies relating to the provision of the Platform by us to you which cannot be excluded, restricted or modified (Statutory Rights).
If the ACL applies to you as a consumer, nothing in these Terms excludes your Statutory Rights as a consumer under the ACL. You agree that our Liability for the Platform provided to an entity defined as a consumer under the ACL is governed solely by the ACL and these Terms.
Subject to your Statutory Rights, we exclude all express and implied warranties, and all material, work and services (including the Platform) are provided to you without warranties of any kind, either express or implied, whether in statute, at law or on any other basis.
As a User, the goods and services provided by a Provider may also confer on you certain rights under the ACL.
This clause will survive the termination or expiry of these Terms.
Exclusions to liability
Despite anything to the contrary, to the maximum extent permitted by law, we will not be liable for, and you waive and release us from and against, any Liability caused or contributed to by, arising from or connected with:
This clause will survive the termination or expiry of these Terms.
Limitations on liability
Despite anything to the contrary, to the maximum extent permitted by law:
This clause will survive the termination or expiry of these Terms.
Termination
Your Account and these Terms may be terminated by you at any time, using the ‘cancel Account’ functionality (or similar) in your in the Account page section of your Account settings.
We may terminate these Terms at any time by giving 30 days’ written notice to you (Termination for Convenience).
We may suspend your Account or terminate these Terms immediately upon written notice to you, if:
These Terms will terminate immediately upon written notice by you, if we:
Upon expiry or termination of these Terms:
Termination of these Terms will not affect any rights or liabilities that a Party has accrued under it.
This clause will survive the termination or expiry of these Terms.
Notice regarding Apple
To the extent that you are using or accessing our Platform on an iOS device, you further acknowledge and agree to the terms of this clause. You acknowledge that these Terms are between you and us only, not with Apple Inc. (Apple), and Apple is not responsible for the Platform and any content available on the Platform.
Apple has no obligation to furnish you with any maintenance and support services with respect to our Platform.
If our mobile application fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price of the mobile application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the mobile application and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our responsibility.
Apple is not responsible for addressing any claims by you or any third party relating to our mobile application or your use of our mobile application, including but not limited to (1) product liability claims; (2) any claim that our mobile application fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation.
Apple is not responsible for the investigation, defence, settlement and discharge of any third-party claim that our mobile application infringes that third party’s intellectual property rights.
You agree to comply with any applicable third-party terms when using our mobile application, including any Usage Rules set forth in the Apple App Store Agreement of Service.
Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms.
You hereby represent and warrant that (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.
General
Assignment: You must not assign or deal with the whole or any part of your rights or obligations under these Terms without our prior written consent.
Disputes: In relation to a dispute, controversy or claim arising from, or in connection with, these Terms (including any question regarding its existence, validity or termination) (Dispute) between a User and us, or a Provider and us, a Party may not commence court proceedings relating to a Dispute without first meeting with a senior representative of the other Party to seek (in good faith) to resolve the Dispute. If the Parties cannot agree how to resolve the Dispute at that initial meeting, either Party may refer the matter to a mediator. If the Parties cannot agree on who the mediator should be, either Party may ask the Law Institute of Victoria to appoint a mediator. The mediator will decide the time, place and rules for mediation. The Parties agree to attend the mediation in good faith, to seek to resolve the Dispute. The costs of the mediation will be shared equally between the Parties. Nothing in this clause will operate to prevent a Party from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction. This clause will survive termination or expiry of this Agreement.
Email: You agree that we are able to send electronic mail to you and receive electronic mail from you. You release us from any Liability you may have as a result of any unauthorised copying, recording, reading or interference with that document or information after transmission, for any delay or non-delivery of any document or information and for any damage caused to your system or any files by a transfer.
Force Majeure: We will not be liable for any delay or failure to perform our obligations under these Terms if such delay is due to any circumstance beyond our reasonable control.
Governing law: These Terms governed by the laws of Victoria. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in Victoria and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts.
Notices: Any notice given under these Terms must be in writing addressed to us at the address at the end of these Terms or to you at the address in your Account. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.
RCTI: The recipient (us) and the supplier (you) declare that these Terms apply to supplies to which tax invoices will relate. The recipient can issue tax invoices in respect of these supplies. The supplier will not issue tax invoices in respect of these supplies. The supplier acknowledges that it is registered for GST and that it will notify the recipient if it ceases to be registered. The recipient acknowledges that it is registered for GST and that it will notify the supplier if it ceases to be registered for GST. Acceptance of this Agreement constitutes acceptance of the terms of this written agreement for the purposes of a RCTI. Both parties to this supply agree that they are parties to a RCTI agreement. The supplier must notify the recipient within 21 days of receiving this Agreement if the supplier does not wish to accept the proposed agreement.
Relationship of Parties: These Terms are not intended to create a partnership, joint venture, employment or agency relationship between the Parties.
Severance: If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or that part of that provision) will be severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.
Definitions
Consequential Loss includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.
Intellectual Property means any domain names, know-how, inventions, processes, trade secrets or confidential information; or circuit layouts, software, computer programs, databases or source codes, including any application, or right to apply, for registration of, and any improvements, enhancements or modifications of, the foregoing.
Intellectual Property Rights means for the duration of the rights in any part of the world, any industrial or intellectual property rights, whether registrable or not, including in respect of Intellectual Property.
Intellectual Property Breach means any breach by you or any of your Personnel) of any of our Intellectual Property Rights (or any breaches of third party rights including any Intellectual Property Rights of third parties).
Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a party to these Terms or otherwise.
RCTI means Recipient Created Tax Invoice as defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
For any questions or notices, please contact us at:
Boobobutt Pty Ltd ACN 652 031 831
Email: [email protected]
Last update: 19 June 2023