Terms and Conditions
Last Updated on August 2019
Please read the following general website Terms and Conditions (these “T&C’s”, “TOS” or “Agreement”) carefully before accessing the www.chapterbox.com.au websites (the “Site”), before registering an account on the Site (“Account”), reviewing any information or blog posts, submitting any comments or videos to the Site or using the various Products ChapterBox provides, as defined below, so that you are aware of your legal rights and obligation with respect to ChapterBox. The Site and any of its affiliates, parents , and subsidiaries (individually and collectively, “we”, “us”, “our” or “CB”).
This website contains general information about conception, pregnancy, health, pregnancy products, health products, and parenting. The information is not complete or comprehensive. You should not rely on the information on this website as an alternative to medical advice from your doctor or healthcare provider. Nothing contained on this website should be construed nor is intended to be used for medical diagnosis or treatment. It should not be used in place of the advice of your physician or other qualified healthcare professional and/or provider. Should you have any health care-related questions, please call or see your physician or other qualified healthcare professional and/or provider promptly.
Always consult with your physician or another qualified healthcare provider embarking on a new treatment, diet or fitness program. If you have any specific questions about these matters, you should consult your doctor or healthcare provider. If you think you may be pregnant, you should speak to a doctor or other healthcare provider, and if you think you may be suffering from any other medical condition, you should seek immediate medical attention.
You should never delay seeking medical advice, disregard medical advice, or discontinue medical treatment because of information on this website. You are encouraged to consult your physician or your local healthcare provider to obtain professional medical advice, which may agree or disagree with the information and materials contained on this site. You should consult your own physician or your local healthcare provider regarding your own symptoms, medical condition, treatment or medications. If you have or suspect that you have a medical problem, you should contact your own physician or local healthcare provider immediately.
While the information published on this site is believed to be accurate, it has been published solely for the purpose to provide general information and is not intended as a substitute for professional medical advice. If you have questions or concerns regarding your physical health or the health of your baby, please seek assistance from a qualified healthcare provider. The articles on this site are meant to answer questions of a general nature regarding issues of interest surrounding pregnancy and should not be classified as qualified medical advice. If you have a specific medical concern, please contact your healthcare provider.
Call your doctor or Emergency Services in case of emergency. If you think you may have a medical emergency, call immediately and DO NOT USE THIS WEBSITE FOR ANY MEDICAL EMERGENCIES.
The information about the use of herbs and essential oils contained in this site is not meant to be a substitute for seeking the advice of a qualified healthcare provider. It is not intended to diagnose, treat, cure or prevent any disease. Always consult your healthcare provider about the use of herbs and essential oils, especially during pregnancy, when nursing a baby or with children. All images, text, design, and layouts are copyright protected under the Federal Copyright Law and are the sole property of ChapterBox. No form of reproduction of these images and photographs, including downloading, copying or saving of digital image files is authorised without the express written consent of ChapterBox.
IMPORTANT INFORMATION TO NOTE:
YOU AFFIRM THAT YOU ARE EITHER AT LEAST 18 YEARS OF AGE, AN EMANCIPATED MINOR, OR POSSESS LEGAL PARENTAL OR GUARDIAN CONSENT, AND ARE FULLY ABLE AND COMPETENT TO ENTER INTO THE TERMS, CONDITIONS, OBLIGATIONS, AFFIRMATIONS, REPRESENTATIONS, AND WARRANTIES SET FORTH IN THESE T&Cs, AND TO ABIDE BY AND COMPLY WITH THESE T&Cs. IN ANY CASE, YOU AFFIRM THAT YOU ARE OVER THE AGE OF 13, AS THE SITE IS NOT INTENDED FOR CHILDREN UNDER 13 YEARS OF AGE. IF YOU ARE UNDER 13 YEARS OF AGE, YOU ARE NOT ALLOWED TO USE OR EVEN ACCESS THE SITE AND/OR THE SERVICES OR TO CREATE AN ACCOUNT.
THIS SITE INCLUDES SOME CONTENT PROVIDED BY CUSTOMERS. CHAPTERBOX ARE DISTRIBUTORS OF SUCH CONTENT AND NOT ITS PUBLISHER.
ANY CONTROVERSY, CLAIM, DEMAND OR DISPUTE ARISING OUT OF OR IN RELATION TO ANY PORTION OF THIS AGREEMENT, OR THE BREACH THEREOF, MUST BE RESOLVED BY A COURT LOCATED IN QUEENSLAND, AUSTRALIA.
BY CREATING AN ACCOUNT AT THE SITE, PURCHASING A PRODUCT, SIGNING UP FOR A GIVEAWAY OR LOGIN TO THE SITE USING A SOCIAL MEDIA ACCOUNT, YOU AGREE TO RECEIVE FREE CONTENT AND/OR PROMOTIONAL OFFERS FROM CHAPTERBOX, ANY OF ITS AFFILIATES OR 3rd PARTIES.
USER ACCESS TO THE SITE IS VOID AND UNAUTHORISED WHERE PROHIBITED BY APPLICABLE LAW OR REGULATION.
IT IS YOUR RESPONSIBILITY TO REVIEW THE INGREDIENTS OF EACH PRODUCT TO AVOID ALLERGIC REACTIONS OR OTHER SIDE EFFECTS.
Description of the site
The Service is designed to allow users to send and receive boxes or packages of goods, samples, offers, coupons, articles and other information (each a “Box”, “Boxes”), make a-la-carte purchases in ChapterBox’s shop, review products and Boxes (defined below), receive newsletters with information and offers and participate in ChapterBox’s content community. The Site enables its customers, users and visitors (together “Customers”) to review information related to its various products, including but not limited to baby and pregnancy products (together, the “products”). Customers may be permitted to directly purchase Products on the Site. Customers may also be provided with the means of submitting or posting video, photographic and textual content or comments (“Submissions”) to this Site through various services and applications, including but not limited to “ChapterBox” application and Facebook. ChapterBox may also impose limits on certain Site services and features (together “Services”), limit any Products or restrict your access to parts of the Site or to the entire Site in our sole and absolute discretion and without notice or liability to anyone.
These T&C’s apply to all Customers of the Site. The Site includes proprietary and third party information, including but limited to all products, pictures, reviews, labels, and other information supplements, in textual, visual, audio, video and/or other digital formats offered via the Site.
In order to have access to certain Services, including but not limited to making Submissions to the Site, you may be required to create an Account either directly on the Site, as prompted by our registration form, or using Facebook. You may never use someone else’s Account and/or login credentials.
During registration, ChapterBox may require the Submission of information about yourself. Registration Data may include your email address, username, password, physical address as well as your or the recipient’s child’s due date and sex. When prompted for such information, you agree to provide accurate, current and complete information about yourself (“Registration Data”). You also represent that we may rely on your Registration Data as accurate, current and complete. You agree to maintain and update your Registration Data to keep it accurate, current and complete. ChapterBox reserves the right, in our sole and absolute discretion to terminate your Account for inaccurate, untrue, deceptive and/or incomplete Registration Data.
Username and password
As part of the registration process, you may be asked to select a username and password. ChapterBox may refuse to grant you a username, which in our sole and absolute discretion, is deemed to be invalid. Invalid usernames include, but are not limited to, usernames that are fashioned to impersonate another person, are protected by trademark law or other proprietary rights, are vulgar or otherwise offensive or those that may cause confusion. These are only some examples of invalid usernames and we reserve the sole right, at our own discretion to deem any username invalid.
YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR ACCOUNT AND FOR ANY AND ALL PURCHASES, COMMUNICATIONS AND OTHER ACTIVITIES THAT ARE CONDUCTED THROUGH YOUR ACCOUNT. YOU AGREE NOT TO TRANSFER, SELL OR RESELL YOUR ACCOUNT, OR OTHERWISE PROVIDE ACCESS TO THE SITE, THROUGH THE USE OF YOUR ACCOUNT TO ANY THIRD PARTY.
ChapterBox may decide at any time in our sole and absolute discretion whether to remove and/or terminate a Customer’s access to the Site, its Services or any Product, for any reason, including but not limited to violation of these T&C’s. ChapterBox may or may not provide notice to you of such termination through any reasonable means including, but not limited to, sending notice to you at the email address that you provided during or subsequent to registration or purchase. Such termination is effective when executed by us or upon transmittal by ChapterBox. However, your obligations of indemnification pursuant to these T&C’s shall survive any termination or the cancellation of Account.
Withdrawal of consent or request to have your Account terminated will have no effect on the legal validity and/or enforceability of these T&C’s for the time period prior to your request and during the time period needed for ChapterBox to reasonably act to comply with your request.
Content on Site
All information provided on the Site is accurate at the time of publication. Please note that we may display an image of only one of the sizes of a Product, as images for all sizes may not be available.
You may access such information solely:
- For your general information and personal use; and
- As intended through the normal functionality of the Site.
THIS SITE INCLUDES CONTENT PROVIDED BY THIRD PARTIES AND CUSTOMERS. CHAPTERBOX ARE DISTRIBUTORS OF SUCH CONTENT. CHAPTERBOX MAY IN SOME INSTANCES CREATE ARTICLES/CONTENT BASED ON THIRD-PARTY INFORMATION.
Proprietary Rights of Content
The content on the Site, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (the “Content”) and the trademarks, service marks and logos contained therein (the “Marks”), are owned by or licensed to ChapterBox, subject to copyright and other intellectual property rights. The copying, redistribution or publication by you or any part of the Site or Services is strictly prohibited. You do not acquire ownership rights to any content, Marks, Products or other materials viewed at, on or through the Site or Services. The posting of information or material at or on the Site by ChapterBox does not constitute a waiver of any right in such information and materials.
Content Submitted by Customers
Customers may submit or post personal reviews, opinions or experiences regarding Products listed on the Site. The information listed, uploaded, posted or made available by Customers are those of the respective Customers and not of ChapterBox and should not necessarily be relied upon. Customers who post any content are solely responsible for the accuracy, completeness or usefulness of such content. ChapterBox does not guarantee the accuracy, completeness or usefulness of any information made available by Customers on the Site and neither adopts, endorses, nor is responsible for the accuracy, completeness or reliability of any opinion, advice or statement made on the Site. Customers understand and agree that ChapterBox will not be responsible for, and Customers hereby agree to hold ChapterBox harmless from any and all loss or damage from anyone’s reliance on information or other content posted on the Site by other Customers of the Site.
Customers Submissions and Comments
This section governs the Submission of any photograph(s), video(s), image(s), text and/or comment(s) or other content to the Site. As Customers, you may submit or post video, photographic and textual content or comments (“Submission(s)”). Customers agree that whether published or not, ChapterBox does not guarantee the confidentiality of their Submissions. ChapterBox does not condone or tolerate the submission of illegal and/or inappropriate content. By posting your Submissions, or attempting to post your Submissions, you hereby agree and are fully subject to these content terms (“Content Terms). These Content Terms govern each and every Submission that you post to the Site. In consideration for posting your Submissions to the Site, you represent, warrant and agree that:
- You are eighteen (18) years of age or older, an emancipated minor, or possess the necessary legal parental or guardian consent to enter into these T&C’s;
- You, and any other individual(s) portrayed or identified in the Submissions, were at least eighteen (18) years of age at the time that the Submissions were taken, made and/or created or you have previously obtained from their legal parent or guardian consent for such use, publication and/or display;
- The submissions do not contain obscene material, as defined under Australia’s local, state or federal law, including, without limitation, violence, other illegal activities and/or contraband;
- You have full rights to use and dispose of any rights including, without limitation, any and all copyrights, associated with the Submissions;
- No other party has any rights, including intellectual property rights, to the Submissions;
- ChapterBox may in its sole and absolute discretion, choose to screen Submissions and reject any Submissions for any reason, or no reason, whatsoever;
- You waive any right that you may have to inspect and/or approve any finished product or copy using and/or incorporating the Submissions, or the use to which the Submissions may be applied;
- ChapterBox may include or add editorial copy and/or other writings or graphics to the Submissions;
- You are subject to any other guidelines and/or rules and regulations that may appear at the Site; and
- Neither you nor anyone else will receive, either now or in the future, any compensation from anyone, for the Submissions.
You are solely responsible for the Submissions and/or other information that you publish, transmit and/or post on the Site, including the Registration Data. You agree to use the Site in a manner consistent with any and all applicable laws and regulations as they now exist or may hereinafter be promulgated. You agree not to:
- Post, or attempt to post any text, audio, photographs, videos or other images containing offensive and/or confidential information;
- Impersonate any person or entity;
- “Stalk” or otherwise harass any person(s) via the Site;
- Engage in advertising to, or solicitation of, other Customers to buy or sell any products or services through the Site;
- Transmit any chain letters, spam or junk email to other Customers;
- Express or imply, without ChapterBox’s specific, prior, written consent that any statements you make are endorsed by ChapterBox;
- Harvest or collect personal information about other Customers, whether or not for commercial purposes, without their express consent;
- Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents;
- Post, distribute or reproduce in any way any copyrighted material, trademarks or other proprietary information without obtaining the prior consent of ChapterBox or the owner of such proprietary rights;
- To access Submissions or the Site through any technology or means other than through the means provided on the Site themselves or other explicitly authorised means ChapterBox may designate;
- Remove any copyright, trademark or other proprietary rights notices contained on the Site;
- Interfere with or disrupt the Site, or the servers and/or networks connected to the Site;
- Post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Site;
- “Frame” or “mirror” any part of the Site, without ChapterBox’s specific, prior written authorisation;
- Use metatags, code or other devices containing any reference to ChapterBox or the Site in order to direct any person(s) to any other website for any purpose; and/or modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Site or any software used on or for the Site or cause others to do so; and
- To use the Site, including any tools or technologies made available therein, for any commercial purpose, without the prior written consent of ChapterBox. Prohibited commercial uses include any of the following actions taken without ChapterBox’s express consent:
(i) Sale of access to the Site or its Services on another website and/or;
(ii) Use of the Site or its Services for the primary purpose of gaining advertisements or subscription revenue.
ChapterBox reserves the right but has no obligation to reject any Account or Submission that does not comply, in ChapterBox’s sole and absolute discretion, with these prohibitions. Engaging in any of the aforementioned prohibited practices shall be deemed a breach of these T&C’s and may result in the immediate termination of your Account pursuant to the terms of these T&C’s. ChapterBox reserves the right to pursue any and all legal remedies against Customers who engage in any of the aforementioned prohibited conduct. However, in any event, ChapterBox assumes no responsibility for the conduct of other Customers of the Site.
As a Customer, you are granted a non-exclusive, non-transferable, revocable and limited license to access and use the Site (and its associated content) and/or Services in accordance with this Agreement. ChapterBox retains the right to terminate this license, without notice, at our sole and absolute discretion, at any time for any reason whatsoever. ChapterBox also reserves any rights not explicitly granted in these T&C’s.
No part of the Site or Services may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer of transfer the Site, the Services or any portion thereof.
You may not use any device, software or routine to interfere, or attempt to interfere with the proper functioning of the Site and/or Services. You may not take any action that imposes an unreasonable or disproportionately large load on the Site’s infrastructure.
CHAPTERBOX MAKES NO WARRANTY THAT (I) THE SERVICE, PRODUCTS, BOXES OR ANY INFORMATION THEREIN WILL MEET YOUR REQUIREMENTS; (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; OR (IV) THE QUALITY OF ANY PRODUCTS, BOXES, SERVICES, ARTICLES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
The Site may contain links to other websites owned and operated by ChapterBox, as well as links, banner advertisements, pop-ups and/or other online methods to redirect you to other third party websites not owned or controlled by ChapterBox, including Facebook, Instagram, Pinterest, and YouTube. ChapterBox has no control over and assumes no responsibility or liability for, the content, privacy policies, or practices of any third-party site. By using the Site, you expressly relieve ChapterBox from any and all liability arising from your use of any third-party website. Furthermore, ChapterBox does not endorse and is not responsible or liable for, any content, advertising, services, products and/or other materials at or available through such third-party websites or resources, or for any damages and/or losses arising therefrom. Accordingly, you are encouraged to be aware when you leave the Site and to read the terms and conditions and privacy policies of each other website that you visit. You will be bound by the terms and conditions, privacy policies, and rules and regulations of any ChapterBox or third party website you access through the Site.
If a dispute arises between you and ChapterBox, our goal is to provide you with a neutral and cost-effective means of resolving the dispute quickly. Accordingly, you and ChapterBox agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our Site (a “Claim”) in accordance with one of the subsections below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution by sending an email to firstname.lastname@example.org. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in, or associated with, the Site or Services is in conflict or consistent with this Agreement, this Agreement shall take precedence. ChapterBox’s failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provisions or any other provisions in this Agreement. You expressly authorise ChapterBox to comply with any and all lawful notices subpoena, court orders and/or warrants without prior notice to you.
Any attempt by any individual, whether a Customer or otherwise, to damage, destroy, tamper with, vandalise and/or otherwise interfere with the operation of the Site and/or services, is a violation of criminal and civil law and ChapterBox will diligently pursue all remedies in this regard against any offending individual or entity to the fullest extent permissible by law and in equity.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT CHAPTERBOX WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF CHAPTERBOX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE, PRODUCTS OR BOXES; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, BOXES, OFFERS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD-PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL CHAPTERBOX’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID CHAPTERBOX IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS (AUD$100). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR COINCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
See FAQ page regarding ChapterBox’s Refund Policy.
What if I receive a defective product or my box came damaged?
Let us know immediately with pictures of the damaged product(s) with proof of product delivery date alongside date of picture taken and email to email@example.com. We will ship you a replacement immediately if the product is in stock. If it is not, then you will receive a store credit (value to be determined by ChapterBox). Reported damaged products reports will be accepted only within 30 days of the delivery date.
ChapterBox will not provide a refund for a request that is received by ChapterBox more than thirty (30) days after the date of original shipment. ChapterBox also does not provide a refund for returned products that are damaged due to misuse, lack of care, mishandling, accident, abuse or other abnormal use.