These Terms and Conditions require your immediate attention and should be read in their entirety. This website is owned and operated by Growing Groms Pty Ltd (ACN 617292261) Any references to “us”, “we” or “our” means Growing Groms.
TERMS OF ACCESS
Growing is a facilitator to buy and sell second hand items relating to babies, toddlers and children. It provides sellers and buyers with the ability to advertise items for sale services and allows the purchase of.
1.2 You acknowledge that any transaction between you and Growing Groms is for the supply of Services that you have requested Growing Groms to provide to you and that Growing Groms has not provided you with any advice or recommendation in relation to such Services.
2 Membership and Pricing
2.1 You must register as a member of this site in order to be granted access to the Services provided by Growing Groms.
2.3 This site is for personal use only and must not be used by businesses and organisations or by any person other than the registered user.
2.4 The services will be GST inclusive unless otherwise stated.
2.5 We do not accept cash payments for the Registration Fee. Please refer to the available payment methods set out elsewhere on this website.
2.6 We reserve the right to change the pricing for the Registration Fee and any other fee which may become payable on this website at any time.
2.11 Under no circumstances will buyers or sellers be entitled to any refund of payments for the Services. In particular, sellers are not entitled to any refund if they fail to find a buyer on this website and sellers are not entitled to any refund if they fail to be employed or engaged by a buyer.
3 Confidentiality and Privacy
3.1 Growing Groms is committed to safeguarding your privacy in accordance with the Australian National Privacy Principles outlined in the Privacy Act 1988 (Cth).
3.2 Growing Groms will take all reasonable steps to preserve the security of your personal information, but you agree that your use of the website is at your own risk and Growing Groms disclaims any liability for any third party breach of the security of your information.
3.3 Growing Groms may preserve email and other enquiry correspondence received from you for the purpose of responding to your questions or for record keepings procedures.
3.5 You are responsible for maintaining the confidentiality and security of your login details. You must immediately notify Growing Groms of any unauthorised use of your login details. It is important to ensure that you logout of your account at the end of each use.
4 Disclaimer and Exclusions
4.1 Growing Groms facilitates connections between buyers and sellers. Growing Grom’s only relationship with buyers and sellers is via their membership of this website.
4.2 Buyers must conduct their own due diligence and investigations and are wholly responsible for the engagement of sellers including contacting, screening of item, requesting further information on item if required, before offering agreed fee for sellers item.
4.3 Sellers must conduct their own due diligence and investigations and are wholly responsible for accepting offers from buyers before accepting an offer of sale.
4.4 You acknowledge and agree that Growing Groms makes no warranty or representation (either express or implied) of any kind to you, to the fullest extent permissible by law, in respect of any matter, including, without limitation:
4.4.1 in respect of the items for sale, the items’ fitness for purpose or suitability for you;
4.4.2 the infringement of third party rights;
4.4.3 any third party associated with the Services, at the request of Growing Groms or otherwise, and their ability to provide such Services.
4.4.4 the accuracy, completeness or quality of any of the item or information contained in this website or otherwise communicated by Growing Groms or any member or user of this website.
4.5 Growing Groms excludes all implied terms, representations, warranties and guarantees, whether statutory or otherwise, arising under or in connection with this website, the content or information provided on this website, any other content or information otherwise communicated by Growing Groms or in respect of the Services.
4.6 Growing Groms does not accept any liability for any loss or damages resulting from your reliance on the information supplied on this website or otherwise communicated by Growing Groms or any of this website’s members or users.
4.7 To the fullest extent permitted by law, neither Growing Groms nor any of its affiliates or employees will be liable for any loss or damages of any kind, including without limitation, direct or indirect, special, incidental, or consequential damages, losses or expenses arising in connection with this website or with the use of any information contained herein or otherwise communicated to you by Growing Groms or any of this website’s users or members, for any reason whatsoever, including without limitation the use or inability to use this website by any party, the failure to perform, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, loss of profit or income.
4.8 To the extent that our liability cannot be excluded by law, our maximum liability to you will be limited to the total amount paid by you (if any) for the Services provided by Growing Groms.
4.10 Growing Groms makes no representations or warranties that sellers using this website will find a buyer and buyers are not entitled to refund under these or any other circumstances.
5 Intellectual Property
5.1 All intellectual property rights including, without limitation, trademarks, service marks, trade names, copyright and other rights used or embodied in this website are the sole property of Growing Groms and must not be used without its express written consent.
5.2 Growing Groms reserves all intellectual property rights, including, but not limited to, copyright in material and/or Services provided by it. The material provided on the website is provided for personal use only and may not be:
(a) re-sold and/or re-distributed in any material form;
5.2.1 stored in any storage media; and/or
5.2.2 re-transmitted in any media;
without the prior written consent of Growing Groms.
6 Website Security Policy
6.1 Growing Groms does not warrant the accuracy, completeness or suitability of any information provided on this website and excludes to the fullest extent permissible by law, liability for any error, inaccuracy or omission contained on this website or any information provided by Growing Groms.
6.2 Growing Groms is not responsible for loss or damage arising from any third party accessing your personal information or details upon sending correspondence to you via the details submitted to Growing Groms by you.
6.3 Hyperlinks and references to other internet resources are provided and used at the risk of the party accessing this website and the content, accuracy, opinions expressed, together with other links provided by these resources are not the property of Growing Groms nor are they investigated, verified, monitored, or endorsed by Growing Groms in any manner.
6.4 In accessing this website, you acknowledge that data transmission and storage over the internet, including via this website, cannot be guaranteed to be secure and accordingly Growing Groms does not warrant the security of any information you transmit.
7 Additional Guest or Subscribing Member Terms
7.1 Registration and Security
7.1.1 As part of the registration process, you will select a subscriber name and a password. You must provide Growing Groms with accurate, complete and updated registration information. Failure to do so will result in breach of these Terms. You understand that you may not (i) select or use a name of another person with the intent to impersonate that person; (ii) use the rights of another person without authorization; or (iii) use a name that is offensive to a reasonable person.
7.1.2 You must immediately notify us by regular mail or by email at firstname.lastname@example.org of any known or suspected unauthorised use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information. You are responsible for maintaining the confidentiality of your password. You will never be required to reveal your password to any representative or agent of Growing Groms.
7.1.3 You are responsible for all usage or activity on the Websites via your account. Distribution of your password to others for access to the Websites or Service is expressly prohibited and shall constitute a breach of these Terms. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, at our sole discretion, and you may be referred to appropriate law enforcement agencies.
7.2 Subscribing, Fees and Payments
7.2.1 Service Membership.
The subscription is not confirmed until the validation of payment and once the sum is credited to Growing Groms. The acceptance of the contract by checking the box during the subscription process has the same value as a handwritten signature. At the same time you complete the subscription process you will be sent a confirmation email recalling the terms and conditions of your subscription and your subscription will then commence. It is recommended that you keep this email and/or print it out. Subscriptions are continuous. This means that once you have become a subscribing member, you accept that your subscription will be automatically renewed from one subscription period to the next at the then applicable rate and your credit/debit card will be charged based on the subscription package (annual, monthly, etc.) you have chosen. Charges should be processed within 24 hours after the subscription request has been submitted by you.
Prior Notice of Renewal
In the case of yearly subscriptions, you will be notified by email at least twenty eight (28) calendar days before your then current subscription will end, notified of the renewal price, asked to correct any information which has changed and given the opportunity to “opt out” of your renewal. By purchasing a subscription, you confirm that you are the holder of the payment card or account from which payment will be taken, and/or are authorised to use that payment card or account for the transaction and any renewals.
7.2.2 Cancellations and refunds.
Notwithstanding the provisions of Clause 7.2.4, all first time subscriptions for periods longer than one month can be cancelled at any time during the 30 days after the time your subscription commences and you will receive a full refund for that subscription period. All renewals of subscriptions for periods longer than one month can be cancelled at any time during the 7 days after the time subscription renews and you will receive a full refund for that renewed subscription period.
Refunds are not available in respect of subscriptions or renewals of subscriptions for periods of one month or less.
If you wish to cancel your subscription or subscription renewal and claim a refund you must notify us by logging into your Growing Groms Account page on Growing Groms website or by sending an email to email@example.com and providing the following information:
Given name and surname
Subscription type (trial, monthly or annual)
Email address used when subscribing
Phone number including country code
All refunds will be credited to the credit/debit card or account to which your subscription was charged. Please allow a reasonable time for the refund to be charged back to your card or account.
7.2.3 Opting out of Renewal.
If you wish to terminate your subscription at the end of your current subscription period you must notify us by logging into your Growing Groms Account page on Growing Groms website or by sending an email to firstname.lastname@example.org and providing the following information:
Given name and surname
Subscription type (trial, monthly or annual)
Email address used when subscribing
Phone number including country code
Please ensure that you correct any information which has changed in respect of your payment details to prevent your subscription lapsing due to us being unable to process your payment.
If you do not let us know that you want to terminate your subscription as set out above, the payment for the renewal period of the subscription will still be made.
In respect of prize draws, competitions, offers, promotions or free trials, the specific terms and conditions that apply may be different from these Terms; please ensure you have noted down the relevant terms, including any cancellation dates or price changes when a promotion or free trial ends.
The renewal of the subscription takes place subject to the Terms in force on the date of renewal.
Once your subscription has commenced, you can immediately access the service and consequently, you do not have any cancellation or withdrawal rights.
The price of the Service is expressed in the relevant local currency of the Websites. Acceptable payment methods will be displayed at the time payment is made. Each renewal of your subscription will be at the price that you were originally charged for that subscription when you subscribed unless otherwise stated or there is a change in your subscription price. Subscription prices may be changed by Growing Groms at any time and Growing Groms shall provide you with appropriate notice of any change in your subscription price prior to the effective date of the new pricing by email or other reasonable means such as a notice on the website or in usual member communications. If you do not wish to continue with your subscription due to the new price, you may opt out of renewal as set forth in Section 7.2.3 above.
8.1 Growing Groms reserves the right to terminate, suspend, modify your profile, restrict access to your profile, deactivate your membership, and restrict access to your membership or use of this website at any time without restriction.
8.3 You agree that we are not required to contact you or provide you with a reason (if any) before using our discretion to terminate, suspend or modify your membership in any way
8.4 If your membership or use of this website was terminated, suspended or modified in any way, you acknowledge and agree that Growing Groms reserves its right to send a notice to other users or members with whom you have contacted.
8.5 You may terminate your membership at any time by providing written notice to Growing Groms by email or by deleting your account via your account page. Upon receipt of the written notice we will terminate your membership.
8.6 You will not be entitled to any refund of any unused membership upon termination.
We reserve the right to assign or transfer our rights and obligations under these Terms to any person who agrees to assume and comply with all the obligations set out in these Terms in circumstances that will not affect your rights or our obligations under these Terms. These Terms are personal to you and, as a result, you may not without the written consent of Growing Groms assign or transfer any of your rights and obligations under these Terms.
10.1 Your use of this site is governed by the laws of Victoria and you agree to submit to the non-exclusive jurisdiction of the courts of Victoria.