Last modified: 24 October 2022

These terms and conditions (“Terms”) are entered into between you and Via Vinci Limited (“Blooming Mumma”), and govern your use of (a) www.bloomingmumma.com and all other websites operated by Blooming Mumma (including any content and functionality available on such websites) (each, a “Site,” and collectively, the “Sites”), and (b) any products or services you order through the Sites (collectively, “Products”).

Please read these Terms carefully before you use the Sites, including ordering any Products through the Sites. By using the Sites, you agree to be bound and abide by these Terms. Please read them carefully. Your usage of the Site indicates your acceptance of these terms and conditions. Your placement of an order also indicates your acceptance of these terms and conditions.

The Sites are offered and available only to users who are 18 years of age or older. By using the Sites, you represent and warrant that you are 18 years of age or older.

THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

1. Use of the Sites

1. Accessing the Sites. Blooming Mumma reserves the right to takedown or change the Sites, and any service or material Blooming Mumma provides on the Sites, at Blooming Mumma's sole discretion without notice. Blooming Mumma will not be liable if a Site is unavailable at any time for any reason. From time-to-time, Blooming Mumma may restrict access to some parts of a Site, or an entire Site(s), including to registered users. 
2. Account Information. If you register with a Site, you must treat your user name, password, and any other secure information associated with your account (“Account Information”) confidential, and must not share your Account Information with any third party. You agree to notify Blooming Mumma immediately of any unauthorized access to or use of your Account Information or any other breach of security. Blooming Mumma has the right to disable any user name, password, or other identifier, whether chosen by you or provided by Blooming Mumma, at any time at Blooming Mumma’s sole discretion, including if Blooming Mumma believes you have violated any provision of these Terms. Blooming Mumma is not liable to you or any third party for any unauthorized use of your Account Information.
3. Prohibited Uses. You shall not: (i) use the Sites in violation of any applicable federal, state, local, or international law or regulation (“Applicable Laws”), (ii) use the Sites to transmit, or procure the sending of, any advertising or promotional material without Blooming Mumma’s prior written consent, including any "junk mail," "chain letter," "spam," or similar solicitation, (iii) use the Sites to impersonate or attempt to impersonate Blooming Mumma or any of its employees, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing), (iv) use the Sites to engage in any conduct that interferes with anyone's use of the Sites, or which Blooming Mumma determines may harm Blooming Mumma or any Site’s users, or expose Blooming Mumma or any of those users to liability, (v) use the Sites in any manner that could disable, overburden, or damage the Sites, or interfere with the Sites’ operation, (vi) use any robot, spider, or other automatic device, process, or means to access the Sites for any purpose, including monitoring or copying any of the material on the Sites, (vii) introduce to the Sites any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful, or (viii) attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of a Site, the server on which a Site is stored, or any server, computer, or database connected to a Site.
4. User Contributions. The Sites may contain message boards, forums, and other interactive features that allow users to post, submit, or transmit (collectively, “post”) content or materials on or through the Sites that can be viewed by other users (“User Contributions''). Any User Contribution you post to the Sites will be considered non-confidential and non-proprietary. By posting a User Contribution, you grant Blooming Mumma and its affiliates, service providers and retailers, and Blooming Mumma’s and those parties’ respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties the User Contribution for Blooming Mumma’s business purposes. You represent and warrant that you own or control all rights in and to your User Contributions and have the right to grant the license granted above. User Contributions must not: (i) contain any material that is defamatory, obscene, hateful, harassing, violent, inflammatory, or otherwise objectionable, (ii) promote any unlawful conduct, sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age, (iii) infringe any intellectual property rights, rights of publicity, privacy rights, or other rights of any third party, (iv) misrepresent your identity or affiliation with any third party, or mispresent that they emanate from or are endorsed by Blooming Mumma or any third party, or otherwise be deceptive, (v) involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions or advertising unless pre-approved by Blooming Mumma in writing, or (vi) violate these Terms, our Privacy Policy, or any Applicable Laws. You are fully responsible for your User Contributions, including their legality, accuracy, and appropriateness. 
5. Enforcement. Blooming Mumma has the right to, in Blooming Mumma’s sole discretion: (i) remove, refuse to post, or take any other action with respect to a User Contribution for any reason, including if Blooming Mumma believes that a User Contribution violates these Terms, infringes a third party’s rights, threatens the safety of a Site’s users or the public, or could create liability for Blooming Mumma, (ii) take appropriate legal action (including without limitation, referral to law enforcement) for any illegal or unauthorized use of the Sites, and otherwise cooperate fully with any law enforcement authorities or court order requesting or directing Blooming Mumma to disclose the identity or other information of anyone posting any materials on or through the Sites, (iii) terminate or suspend your access to all or part of the Sites for any reason, including without limitation, any violation of these Terms, and (iv) disclose your identity or other information about you to any third party who claims that your User Contribution violates their or another third party’s rights. YOU WAIVE AND HOLD HARMLESS BLOOMING MUMMA AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
6. Monitoring. Notwithstanding the terms of subsection (e) above, Blooming Mumma does not review User Contributions before they are posted on the Sites, and cannot ensure prompt removal of an objectionable User Contribution after it has been posted. Accordingly, Blooming Mumma is not responsible or liable to any third party for the content or accuracy of any User Contributions, and assumes no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party.
7. Reporting Claims of Copyright Infringement. If you believe any materials accessible on or from a Site infringes your copyright, you may request removal of those materials (or access to them) from the Site by emailing Blooming Mumma the following: (i) your electronic signature, (ii) identification of the copyrighted work you believe to have been infringed, (iii) a description of the precise location where the allegedly infringing content appears, (iv) adequate information by which Blooming Mumma can contact you (including your name, mailing address, telephone number, and email address), (v) a statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law, (vi) a statement that the information in the written notice is accurate, and (vii) a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner. 
8. Information Disclaimer. All information supplied has NO WARRANTY whatsoever. Information and statements are not intended to diagnose, treat, cure, or prevent any disease.­ No warranty is made that any information on or linked to this site is complete and/or accurate. All information contained on the Site, including information relating to medical and health conditions, products and treatments, is for informational purposes only.  This information is not to be taken as any sort of medical advice whatsoever.­ You take full and total responsibility for what you do with this information, and any resulting outcomes from your actions.
9. Site Content. The Sites and their contents, features, and functionality (including all information, software, content, and Trademarks (as defined below), and the design, selection, and arrangement of those materials) (collectively, the “Site Content”) are owned by Blooming Mumma, its licensors, or other providers of the Site Content and are protected by international copyright, trademark, patent, and other intellectual property or proprietary rights laws. These Terms permit you to use the Sites for your personal, non-commercial use only. You are not permitted to reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, download, store, or transmit any Site Content, except as follows: (i) your computer may temporarily store copies of Site Content in RAM incidental to your accessing and viewing Site Content, (ii) you may store files that are automatically cached by your internet browser for display enhancement purposes, (iii) you may print a reasonable number of pages of Site Content for your own personal, non-commercial use and not for further reproduction, publication, or distribution, and (iv) if Blooming Mumma provides social media features with certain content, you may take such actions as are enabled by such features. No right, title, or interest in or to Sites or Site Content is transferred to you, and all rights not expressly granted are reserved by Blooming Mumma. Any use of the Sites or Site Content not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.  If you wish to make any use of Site Content that is not permitted under these Terms, you may request to do so by emailing admin@bloomingmumma.com. Blooming Mumma may update the Site Content from time-to-time, but the Site Content is not necessarily complete or up-to-date and Blooming Mumma is under no obligation to update the Site Content.
10. Trademarks. The terms BLOOMING MUM, BLOOMING MOM, BLOOMING MAMA, BLOOMING MAMMA and BLOOMING MUMMA, the Blooming Mumma logo, and all related names, logos, product and service names, designs, and taglines are the registered and unregistered trademarks of Blooming Mumma and its affiliates (the “Trademarks”). You are not authorized to use the Trademarks without Blooming Mumma’s prior written permission. All other names, logos, product and service names, designs, and slogans on the Sites are the trademarks of our licensors and other respective owners.
11. Reliance on Information Posted. The information posted on the Sites is made available for general information purposes only. Blooming Mumma does not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. Blooming Mumma disclaims all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Sites, or by anyone else who may be informed of any of its contents. The Sites may include materials provided by third parties; all such materials are solely the opinions and the responsibility of the party providing those materials. Blooming Mumma is not liable to you or any third party for any materials provided by others.
12. Links from the Sites. If the Sites (including any advertisements on the Sites) contain links to third party websites or resources, these links are provided for your convenience only. Blooming Mumma has no control over the contents of those websites or resources, and accepts no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any third-party websites linked to the Sites, you do so at your own risk and subject to any terms and conditions that govern those websites.
13. Disclaimer of Warranties. You understand that Blooming Mumma cannot and does not guarantee or warrant that the Sites or any Site Content will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Sites for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, BLOOMING MUMMA WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITES (INCLUDING ANY SERVICES OBTAINED THROUGH THE SITES, YOUR DOWNLOADING OF ANY SITE CONTENT, OR ANY WEBSITE LINKED TO THE SITES). YOUR USE OF THE SITES, SITE CONTENT, AND ANY SERVICES OBTAINED THROUGH THE SITES IS AT YOUR OWN RISK. THE SITES, SITE CONTENT, AND ANY SERVICES OBTAINED THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER BLOOMING MUMMA NOR ANY PARTY ASSOCIATED WITH BLOOMING MUMMA (I) MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITES, OR (II) REPRESENTS OR WARRANTS THAT THE SITES, SITE CONTENT, OR ANY SERVICES OBTAINED THROUGH THE SITES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SITES OR THE SERVER(S) THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITES OR ANY SERVICES OBTAINED THROUGH THE SITES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. TO THE FULLEST EXTENT PROVIDED BY LAW, BLOOMING MUMMA HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
14. Limitation on Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SITES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

2. Purchase of Products

1. Order Acceptance and Cancellation. You agree that your order for Products is an offer to buy all Products listed in your order pursuant to these Terms. Blooming Mumma may accept or reject orders in its sole discretion, and will only be obligated to sell Products in accepted orders. After having received your order, Blooming Mumma will send you a confirmation email with your order number and details of the Products you have ordered. Acceptance of your order and the formation of the contract of sale between you and Blooming Mumma will not take place unless and until you have received your order confirmation email.
2. Prices and Payment Terms. All prices posted on the Sites are subject to change without notice. The price charged for a Product will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices are inclusive of any value-added tax. Posted prices do not include charges for shipping and handling. Any shipping charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation email. Blooming Mumma is not responsible for pricing, typographical, or other errors in any offer and reserves the right to cancel any orders arising from such errors. You represent and warrant that (i) the credit card information you supply when placing your order is correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices.
3. Shipments; Delivery; Title and Risk of Loss.  Blooming Mumma will arrange for shipment of the Products to you. Delivery options, if available, will be presented to you during check-out. You will pay all shipping and handling charges specified during the ordering process. Title and risk of loss pass to you upon our transfer of the Products to the shipping carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. Blooming Mumma is not liable for any delays in shipments.  If for any reason whatsoever, be it custom law, duties or any other reasons whatsoever your parcel does not make it to your door and Blooming Mumma has picked, packed and dispatched the goods you have ordered, whilst we regret the non-delivery, Blooming Mumma is unable to refund your payment. If your delivery arrives damaged please let us know and we will endeavour to either resupply the goods or refund your payment based on the individual circumstances.
4. Typgraphical Errors. In the event a product is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, Blooming Mumma shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. Blooming Mumma shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled Blooming Mumma shall immediately issue a credit to your credit card account in the amount of the incorrect price.
5. Returns and Refunds. Blooming Mumma’s Shipping & Returns policy is incorporated into these Terms by reference. You bear the risk of loss during shipment of any products you are returning or exchanging. We offer no refunds on any products designated on the Sites as non-returnable. 
6. No Resale. You may purchase Products for your personal or household use only. Except as expressly approved by Blooming Mumma, you may not purchase any Product for the purpose of reselling it to any third party. Blooming Mumma reserves the right to refuse or cancel any Product orders (or attempted orders) that Blooming Mumma suspects or determines you are buying to resell without authorization. 

4. Privacy. Blooming Mumma respects your privacy and is committed to protecting it. Blooming Mumma's Privacy Policy governs the processing of all personal data collected from you in connection with your use of the Sites, including your purchase of Products through the Sites.

5. Changes to these Terms. Blooming Mumma may update these Terms from time-to-time at its sole discretion. All changes are effective immediately when Blooming Mumma posts them. Your continued use of the Sites following the posting of revised Terms means that you accept and agree to the changes. Please check this page from time-to-time so you are aware of any changes, as they are binding on you.

6. Indemnification. You agree to defend, indemnify, and hold harmless Blooming Mumma and its affiliates, licensors, and service providers, and all such parties’ respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to (a) your violation of these Terms, or (b) your use of the Sites, including, but not limited to, your User Contributions.

7. Dispute Resolution and Binding Arbitration

1. YOU AND BLOOMING MUMMA ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION. ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND BLOOMING MUMMA ARISING FROM OR RELATING IN ANY WAY TO YOUR USE OF A SITE AND/OR YOUR PURCHASE OF PRODUCTS THROUGH A SITE WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
2. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that this arbitration provision or these Terms are void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. You may elect to pursue your claim in small-claims court rather than arbitration if you provide Blooming Mumma with written notice of your intention to do so within 60 days of your purchase or use of the Site giving rise to the claim (as applicable) by emailing legal@Blooming Mumma.com. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.
3. You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR BLOOMING MUMMA WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.

8. Miscellaneous

1. Governing Law. All matters relating to the Sites, Products, and these Terms, and any resulting or related dispute or claim (in each case, including non-contractual disputes or claims), shall be governed by the  internal laws of the state of Victoria and you agree to submit to having the matter dealt with in a court in Melbourne in the state of Victoria, Australia. Any legal suit, action, or proceeding arising out of, or related to, the Sites, Products, or these Terms shall be instituted exclusively in the federal courts of Australia or the courts of the State of Victoria, in each case located in Melbourne, Victoria. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
2. Waiver and Severability. No waiver by Blooming Mumma of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Blooming Mumma to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
3. No Assignment or Third Party Beneficiaries. You are not permitted to assign any of your rights or delegate any of your obligations under these Terms without Blooming Mumma’s prior written consent. Any purported assignment or delegation in violation of this section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms. These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
4. Entire Agreement. These Terms and our Privacy Policy constitute the sole and entire agreements between you and Blooming Mumma regarding the Sites and Products and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the same.
5. Your Comments and Concerns. The Sites are operated by Via Vinci Limited. All feedback, comments, requests for technical support, legal notices, and other communications relating to the Sites or these Terms should be directed to: admin@bloomingmumma.com