Introduction.

Welcome to MoM Classifieds.

By accessing MoM Classifieds via mouthsofmums.com.au/mom-classifieds ,  you are agreeing to the following terms, which are designed to make sure that this service works for everyone.

Using MoM Classifieds.

When you check “I accept the Terms of Use” you agree you will not:

• violate any laws;
• post any threatening, abusive, defamatory, obscene or indecent material;
• be false or misleading;
• infringe any third-party right;
• distribute spam, chain letters, or promote pyramid schemes;
• distribute viruses or any other technologies that may harm MoM Classifieds or the interests or property of Mouths of Mums® users;
• impose an unreasonable load on our infrastructure or interfere with the proper working of MoM Classifieds;
• copy, modify, or distribute any other person’s content without their consent;
• use any automated means to access MoM Classifieds and collect content for any purpose without our express written permission;
• harvest or otherwise collect information about others, including email addresses, without their consent;
• bypass measures used to prevent or restrict access to MoM Classifieds.

You are solely responsible for all information that you submit to MoM Classifieds and any consequences that may result from your post. We reserve the right at our discretion to refuse or delete content that we believe is inappropriate or breaching the above terms. We also reserve the right at our discretion to restrict a user’s usage of the site either temporarily or permanently, or refuse a user’s registration.

Abusing MoM Classifieds.

MoM Classifieds and the Mouths of Mums community work together to keep the site working properly and the community safe. Please report problems, offensive behaviour or content and policy breaches to us by emailing mum@mouthsofmums.com.au.

Without limiting other remedies, we may issue warnings, limit or terminate our service, remove hosted content and take technical and legal steps to keep users off MoM Classifieds if we think that they are creating problems or acting inconsistently with the letter or spirit of our policies. However, whether we decide to take any of these steps, remove hosted content or keep a user off MoM Classifieds or not, we do not accept any liability for monitoring MoM Classifieds or for unauthorized or unlawful content on MoM Classifieds or use of MoM Classifieds by users.

Fees and Services.

At time of publishing these Terms of Use, using MoM Classifieds is free to all registered members of Mouths of Mums®.

Content.

MoM Classifieds contains content from everyone within the Mouths of Mums® community. Mouths of Mums® is protected by copyright laws. You agree not to copy, distribute or modify content from Mouths of Mums® without our express written consent. You may not disassemble or decompile, reverse engineer or otherwise attempt to discover any source code contained in Mouths of Mums®. Without limiting the foregoing, you agree not to reproduce, copy, sell, resell, or exploit for any purposes any aspect of Mouths of Mums® (other than your own content). When you give us content, you are granting us and representing that you have the right to grant us, a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright, publicity, and database rights to that content.

Infringement.

Do not post content that infringes the rights of third parties, This includes, but is not limited to, content that infringes on intellectual property rights such as copyright and trademark (e.g. offering counterfeit items for sale). Entitled parties, in particular the owners of copyright, trademark rights or other rights owned by third parties can report any offers which many infringe on their rights, and submit a request for this offer to be removed. If a legal representative of the entitled party reports this to us in the correct manner, products infringing on the intellectual property rights will be removed.

Reporting an infringement.

In order to report what you believe to be an infringement, you should email mum@mouthsofmums.com.au and we will provide you with a Notice of Infringement Form which you can then complete, sign and return to us. You can use this form, complete with your signature, to report advertisements which may infringe on your property rights. The information requested in the Notice of Infringement Form is for the purpose of ensuring that the parties reporting these objects are either the entitled party or their officially authorized representative. This information must also enable Mouths of Mums® to identify the advertisement to be removed.

Note: This form can only be used by the lawful owners of the intellectual property rights. “Notice of Infringement” is intended to ensure that products offered do not infringe the copyright, trademark right or other intellectual property rights of third parties.

Liability.

Nothing in these terms shall limit our liability for fraudulent misrepresentation, for death or personal injury resulting from our negligence or the negligence of our agents or employees. You agree not to hold us responsible for things other users post or do.

We do not review users’ posts and are not involved in the actual transactions between users. As most of the content on MoM Classifieds comes from other users, we do not guarantee the accuracy of postings or user communications or the quality, safety, or legality of what’s offered.

In no event do we accept liability of any description for the posting of any unlawful, threatening, abusive, defamatory, obscene or indecent information, or material of any kind which violates or infringes upon the rights of any other person, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law.

We cannot guarantee continuous, error-free or secure access to our services or that defects in the service will be corrected. While we will use reasonable efforts to maintain an uninterrupted service, we cannot guarantee this and we do not give any promises or warranties (whether express or implied) about the availability of our services.

Accordingly, to the extent legally permitted we expressly disclaim all warranties, representations and conditions, express or implied, including those of quality, merchantability, merchantable quality, durability, fitness for a particular purpose and those arising by statute. We are not liable for any loss, whether of money (including profit), goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of MoM Classifieds, even if you advise us or we could reasonably foresee the possibility of any such damage occurring. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.

Despite the previous paragraph, if we are found to be liable, our liability to you or any third party (whether in contract, tort, negligence, strict liability in tort, by statute or otherwise) is limited to the greater of AU$100.

Personal Information.

By using MoM Classifieds, you agree to the collection, transfer, storage and use of your personal information by Mouths of Mums®. You also agree to receive marketing communications from us unless you tell us that you prefer not receive such communications.  We guarantee that your personal information will not be shared with any third party without your express permission in writing.

Resolution of disputes.

If a dispute arises between you and MoM Classifieds, we strongly encourage you to first contact us directly to seek a resolution by emailing mum@mouthsofmums.com.au. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

General.

These terms and the other policies posted on Mouths of Mums® constitute the entire agreement between Mouths of Mums® and you, superseding any prior agreements.

We may update this agreement at any time, with updates taking effect when you next post or 30 days after we post the updated policy on the site, whichever is sooner. No other amendment to this agreement will be effective unless made in writing, signed by users and by us.

For any help with using MoM Classifieds please email mum@mouthsofmums.com.au.