Terms of Service

This website is owned and operated by A Joey Named Jack Babywearing and Kangatraining with Em, ABN 56825845545. Throughout the site, the terms “we”, “us” and “our” refer to A Joey Named Jack Babywearing. These Terms set forth the terms and conditions under which you may use our website services as offered by us. This website offers visitors babywearing consultations, babywearing advice, babywearing products and accessories, and Kangatraining postnatal babywearing exercise classes. By accessing or using the website, booking our services, or purchasing a product from us, you approve that you have read, understood, and agree to be bound by these Terms.

In order to use our website and/or receive our services and products, you agree you are of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into these Terms as a binding agreement. You are not allowed to use this website and/or receive services and products if doing so is prohibited in your country or under any law or regulation applicable to you.

Key commercial Terms offered to customers
When buying an item, you agree that: (i) you are responsible for reading the full item listing before making a commitment to buy it: (ii) you enter into a legally binding contract to purchase an item when you commit to buy an item and you complete the check-out payment process.

The prices we charge for using our services / for our products are listed on the website. We reserve the right to change our prices for products displayed at any time, and to correct pricing errors that may inadvertently occur. Additional information about pricing and sales tax is available on the payments page.

The fee for the services and products plus any other charges you may incur in connection with your use of the service, such as taxes and possible transaction fees, will be charged immediately upon checkout.

Retention of right to change offering

We may, without prior notice, change the services; stop providing the services or any features of the services we offer; or create limits for the services. We may permanently or temporarily terminate or suspend access to the services without notice and liability for any reason, or for no reason.

Products or Services

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

Accuracy of Billing and Account Information

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

Consultations and Services
We may provide individual and group consultations for your educational benefit through either of our businesses (A Joey Named Jack Babywearing or Kangatraining Padbury, Greenwood and Surrounds). Topics may include but are not limited to babywearing and a safe return to exercise. 

By booking an appointment you agree to let us know at your earliest convenience if you need to reschedule your appointment for any reason. It is your responsibility to ensure that all members of your household are healthy and capable of attending this appointment, whether online or in person. Appointments can be rescheduled up to 12 hours prior without penalty. Cancellations must be arranged at least 48 hours prior to your appointment otherwise you will incur a 50% cancellation fee. 


All payments for Kangatraining classes are non-refundable and non-transferable. If you are unable to attend your class due to sickness and more than 2 hours’ notice is given, you can request to make-up your missed class another day at any of Kangatraining Padbury, Greenwood and Surrounds class but must be used during the same term as your missed class. Less than two hours’ notice or no notice will be marked as attended. A maximum of 2 make-up classes will be given per term. There will be no make-up classes available for unlimited passes as the benefit of this package is you can come as much or as little as you like from week to week. Trial classes are also non-refundable, but you can use it another day at one of our classes.

We will always ensure that any staff member or contractor hosting a consultation will be physically and mentally healthy and capable. All demonstration products are cleaned and checked regularly to ensure hygiene and safety. We will ensure that all staff and contractors are fully trained, insured and up-to-date with current babywearing knowledge related to positioning, safety and general advice, as well as Kangatraining and safe postnatal exercise, and washing routines. 

You understand that there is no guarantee of success in your journey, but we will always make all reasonable efforts to assist your babywearing and/or postnatal exercise goals. You should always ensure that you and your child/ren are medically cleared to use our products, and if you are unsure please consult your medical practitioner. In the case of professional medical uncertainty, it is possible to employ a member of our team to attend a medical appointment with you to discuss any concerns further in a multidisciplinary approach. 

Your consultation will teach you the basic principles of babywearing or what to look out for to ensure you have a safe return to exercise and offer the opportunity to practice and ensure that you are confident in the use of our products. It is your responsibility to ensure that you understand each step of the process, and that you have obtained access to resources for follow-up questions or information specifically related to your own personal circumstances. You are solely responsible for always ensuring the safety of yourself and your child/ren. A Joey Named Jack Babywearing, Kangatraining Padbury, Greenwood and Surrounds, and all associated staff and contractors will not be held responsible for any failure to follow safety and positioning recommendations provided during a consultation or any pre- or post- appointment communications. 

Local, private consultations are usually hosted in my home showroom in Beldon, WA. In home appointments may be available on a case by case basis. Please contact us for more information and to discuss suitability and availability. Online consultations can be booked from anywhere in the world; however you must have a laptop, tablet or phone with video and microphone capability and reliable internet access. Unfortunately, online consultations may not be suitable for people with impaired hearing or vision at this stage, however we endeavour to continue to look for better programs to provide a more inclusive service to these members of our community.

You agree to indemnify, defend and hold harmless Emma Hoskins and all affiliates, partners, contractors, service providers, subcontractors, suppliers, and employees of A Joey Named Jack Babywearing or Kangatraining Padbury, Greenwood and Surrounds, from any claim or demand, including reasonable legal fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

To discuss concerns related to your booking or your consultation experience please contact me: 
info@ajoeynamedjackbabywearing.com.au

Ownership of intellectual property, copyrights and logos
The Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music and all Intellectual Property Rights related thereto, are the exclusive property of A Joey Named Jack Babywearing. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works thereof.

Right to suspend or cancel user account

We may permanently or temporarily terminate or suspend your access to the service without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms or any applicable law or regulations.

Indemnification

You agree to indemnify and hold A Joey Named Jack Babywearing harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against them by any third party due to, or arising out of, or in connection with your use of the website or any of the services offered on the website.

Limitation of liability

To the maximum extent permitted by applicable law, in no event shall A Joey Named Jack Babywearing, be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the service.

In no case shall A Joey Named Jack Babywearing, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Right to change and modify Terms

We reserve the right to modify these terms from time to time at our sole discretion. Therefore, you should review our policy pages periodically. All changes will be loaded start onto our website for you to view at any time. Your continued use of the Website or our service and products after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future version of the Terms, do not use or access (or continue to access) the website or the service and products.

Promotional emails and content

When you purchase a product or service from us or sign up to our mailing list, you agree to receive from time to time promotional messages and materials from us, manly by email but not limited to any other contact form you may provide us with (including your phone number for calls or text messages). If you don't want to receive such promotional materials or notices – please just notify us at any time. 

Preference of law and dispute resolution

These Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the services, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of Australia/Western Australia, without respect to its conflict of laws principles. Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by a court of competent jurisdiction located in Perth.


Questions about the Terms of Service should be sent to us at: info@ajoeynamedjackbabywearing.com.au