The babyballet® Website
Terms and Conditions of Use
Hi, and welcome to the magical world of babyballet. My name is Twinkle the babyballet® Bear and I’m going to help you with what you are and are not allowed to do whilst on our window to the world, the babyballet website www.babyballet.co.nz (“website”).
Grandad Jack is in charge of our Website and he has given us some rules which you have to follow. If you don’t follow these rules, he says that you’re not allowed to use this website. If you do not accept these rules, please do not use our Website.
Grandad Jack says that the website is run by babyballet® Franchising Limited (“babyballet®”) and he normally refers to us as “we”, “us”, “our” or “babyballet®” (or if Teddy has been really cheeky, he’ll say “hey, Cheekies”!). We are a limited company registered in New Zealand under company number 7861092 and our registered address is 21A Kirrie Avenue, Auckland 0610. Just in case you need to know it, our GST Registration Number is 131-068-735.
He says that that his rules (or the terms and conditions) govern your use of our website and all the services that he allows on or through our website. From time to time we need to amend the website.
Please be aware that if you purchase goods from our website, our Terms and conditions of sale will apply to the sales.
use of our website
Grandad Jack always wants us to be safe and to have fun, so if you’re one of our babyballet® stars or if you are using an adult’s computer, laptop, tablet or phone, then please make sure that you have asked them for permission to use it. Manners are incredibly important and you should never take or use something that is not yours without asking for the owner’s permission first.
Grandad Jack says that by using our website you are agreeing to stick to his rules (the terms and conditions). He says that he can change, modify or otherwise alter these rules at any time and that they shall become effective the minute he posts the amendments to his rules on the website. If you use the website often, he says that you should review the conditions from time to time to take notice of any changes he has made, as they are binding on you. Your continued use of our website means that you are accepting any changes.
He also told me that the website should be for personal use only. I didn’t know what that meant, so he explained that our website should not be used for any commercial or business purposes at all.
ownership of intellectual property rights
Grandad Jack says that we are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world and that all such rights are reserved. Grandad Jack says that this means that all our trademarks, service marks, copyright, database rights, trade names, syllabus names, design, know how, confidential information as well as the “look and feel” of the babyballet® website and products are the property of babyballet® Limited and associated companies.
Grandad Jack says you may print off one copy, and may download extracts, of any page(s) from our website for your personal use and you may draw the attention of others within your organisation to content posted on our website. Grandad Jack also said that you must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text without our express written permission.
Remember, our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged and you must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
If we have given you, or you may have chosen, a user identification code, a password or any other piece of information as part of our security procedures, which enables you to securely log on to our website, then we have to ask you to be responsible for keeping that password confidential. Please can you keep it a secret and not share it with anyone.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at firstname.lastname@example.org.
linking to our website
You may link to our website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in a way which suggests any form of association, approval or endorsement on our part where none exists. We reserve the right to withdraw linking permission without notice.
The website in which you are linking must comply in all respects with the content standards set out in these terms and conditions.
third party links
Sometimes, after a long time in the babyballet® Castle in the Sky, we want to go and see different places. It’s just like that on our website too. Sometimes the website may contain links to other websites or resources for you to access at your sole discretion. These are provided for your convenience only and, unfortunately, we can’t be responsible for the availability of these external sites or resources, nor do we endorse them or the opinions they might have.
We can’t be held liable for their products, their policies or the accuracy of their content – we just think you might like to take a look! We definitely don’t want them to do any damage to or cause you a loss, but if they do, it’s not down to us and we can’t be held liable or responsible for any alleged damage, loss or offence caused by, or in connection with the use or reliance on any such advertising, content, products, goods, or other materials or services available on these external websites or resources.
your comments and contributions
You are sometimes invited to submit comments and contributions to our content. If you contribute content to our website, you agree to grant us a non-exclusive, royalty-free license to publish and use all your material in any way at any time on our website. You shall remain the owner of the copyright in any submitted material. You also agree to indemnify us (that is to reimburse us for any losses that we may suffer) from any and all claims and liabilities (including legal fees) which arise from your contribution to our website.
We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our website constitutes a violation of their intellectual property rights, or of their right to privacy.
We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our website. We have the right to remove any posting you make on our website if, in our opinion, your post does not comply with the content standards set out in these terms and conditions.
The views expressed by other users on our website do not represent our views or values.
changes to our website
We may update our site from time to time, and may change the content at any time. However, please note that any of the content on our site may be out of date at any given time, and we are under no obligation to update it. Unfortunately, we do not guarantee that our site, or any content on it, will be free from errors or omissions.
Accessing our website
Here in the babyballet® Castle in the Sky, we try our best in everything we do but our website is provided on an “as is” and “as available” basis. Grandad Jack says that we agree to use reasonable endeavors to maintain this website in a fully functioning, sparkly condition but sometimes things can go wrong and we cannot guarantee that the website, or any content on it, will always be fully functional available or be uninterrupted. In particular, certain parts of the website may require the use of certain software (adobe flash player, for example) which we do not provide and thus your experience of the website may differ depending on your method of access. You are responsible for making all arrangements necessary for you to have access to our website.
We may suspend, withdraw, discontinue or change all or any part of our website without notice. We will not be liable to you if for any reason our website is unavailable at any time or for any period.
non-reliance on information
The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our website.
Although we make reasonable efforts to update the information on our website, we make no representations, warranties or guarantees, whether express or implied that the content on our site is accurate, complete or up-to-date.
We do not guarantee that our website will be secure or free from bugs or viruses (computer ones that is, not the type that give you sneezes). You are responsible for configuring your information technology, computer programmes and platform in order to access our website. You should use your own virus protection software.
You must not misuse our website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful.
limitation of liability
We truly do want to do our best and we do not seek to exclude or limit liability for death or personal injury arising from its negligence or that of its members, agents, directors, employees or characters or for any fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.
To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied.
We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
- use of, or inability to use, our site; or
- use of or reliance on any content displayed on our site.
If you are a business user, please note that in particular, we will not be liable for:
- loss of profits, sales, business, or revenue;
- business interruption;
- loss of anticipated savings;
- loss of business opportunity, goodwill or reputation; or
- any indirect or consequential loss or damage.
If you are a consumer user, please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.
We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any goods by use to you, which will be set out in our Terms and conditions of sale.
Phew. There, I think we’re done!
“BABYBALLET” is a NZ registered trade mark of babyballet® Limited.
I wish you a magical day.
Love Twinkle, the babyballet® Bear