Terms of service

OVERVIEW

Welcome to Bellies & Bums Co.

The terms “we”, “us” and “our” refer to Bellies & Bums Co. Bellies & Bums Co. operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience.

Bellies & Bums Co. is powered by Shopify, which enables us to provide our online store and related services to you.

These Terms of Service, together with any policies referenced in them, describe your rights and responsibilities when you use our website, online store, products, content and services.

Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranties, limitations of liability, orders, shipping, returns and use of our website.

By visiting, interacting with or using our website or services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or our Privacy Policy, you should not use or access our website or services.

SECTION 1 - ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state, territory or province of residence, and that you have given us your consent to allow any of your minor dependents to use this website or our services on devices you own, purchase or manage.

To use our website or services, including accessing or browsing our online store or purchasing any of the products we offer, you may be asked to provide certain information, such as your name, email address, billing details, payment details and shipping information.

You represent and warrant that all information you provide to us is correct, current and complete, and that you have all rights necessary to provide this information.

You are responsible for maintaining the security of your account credentials and for all activity that occurs under your account. You may not transfer, sell, assign or license your account to any other person.

SECTION 2 - OUR PRODUCTS

We have made every effort to provide an accurate representation of our products and services in our online store. However, please note that colours, packaging, product appearance or other visual details may differ from how they appear on your screen due to the type of device you use, your display settings and other technical factors.

We do not guarantee that the appearance or quality of any products or services purchased by you will exactly match how they are depicted or rendered in our online store.

All product descriptions, images, prices and availability are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products we offer to any person, household, geographic region or jurisdiction, on a case-by-case basis.

Keep It Moving is a food-based prebiotic fibre made from chicory root inulin. It is not a medicine, laxative or quick fix. It should be used in accordance with the guidance provided on the packaging and website, including starting with the smallest suggested serve and building gradually according to tolerance. Individual responses may vary.

Information provided on our website, packaging, emails, social media or other materials is general in nature and is not intended to diagnose, treat, cure or prevent any disease or medical condition. If you have concerns about your child’s health, diet, digestion or symptoms, please seek advice from a qualified healthcare professional.

SECTION 3 - ORDERS

When you place an order, you are making an offer to purchase. Bellies & Bums Co. reserves the right to accept or decline your order for any reason at its discretion.

Your order is not accepted until Bellies & Bums Co. confirms acceptance. We must receive and process your payment before your order is accepted.

Please review your order carefully before submitting it, as Bellies & Bums Co. may be unable to accommodate cancellation or change requests after an order has been accepted or processed.

If we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the email address, billing address and/or phone number provided at the time the order was placed.

Your purchases are subject to our Refund Policy, including our 30-Day Family Promise where applicable. Nothing in these Terms or our Refund Policy limits or excludes any rights or remedies you may have under the Australian Consumer Law.

You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.

SECTION 4 - PRICES AND BILLING

Prices, discounts and promotions are subject to change without notice.

The price charged for a product or service will be the price in effect at the time your order is placed and will be set out in your order confirmation email.

Unless otherwise expressly stated, posted prices do not include shipping, handling, customs, import charges or other charges that may apply.

Prices posted in our online store may differ from prices offered in physical stores, marketplaces or online stores operated by third parties, including Amazon or other sales platforms.

We may offer promotions from time to time. Promotions may be governed by separate terms and conditions. If there is a conflict between the terms of a promotion and these Terms of Service, the promotion terms will apply to that promotion.

You agree to provide current, complete and accurate purchase, payment and account information for all purchases made through our store.

You agree to promptly update your account and other information, including your email address, payment information and billing details, so that we can complete your transactions and contact you as needed.

You represent and warrant that:

(i) the payment information you provide is true, correct and complete;

(ii) you are authorised to use the payment method provided;

(iii) charges incurred by you will be honoured by your payment provider; and

(iv) you will pay charges incurred by you at the posted prices, including shipping, handling and any applicable taxes or charges.

SECTION 5 - SHIPPING AND DELIVERY

We aim to dispatch orders within 2–3 business days, excluding weekends and public holidays. During busy periods, dispatch times may be slightly longer.

Delivery times provided on our website or at checkout are estimates only and are not guaranteed.

We are not responsible for shipping or delivery delays caused by postal carriers, courier services, customs processing, incorrect address details, public holidays, weather events, supply chain disruptions or events outside our reasonable control.

Please ensure your shipping address is complete and correct before placing your order. Bellies & Bums Co. is not responsible for orders delayed, lost or returned due to incorrect or incomplete shipping details provided by the customer.

Once an order has been transferred to the shipping carrier, delivery is managed by that carrier.

Nothing in this section limits or excludes any rights you may have under Australian Consumer Law.

SECTION 6 - INTELLECTUAL PROPERTY

Our website and services, including but not limited to all trademarks, branding, text, displays, images, graphics, product reviews, videos, audio, downloads, guides, resources, recipes, website design and the selection and arrangement of these materials, are owned by Bellies & Bums Co., its licensors or content providers and are protected by Australian and international intellectual property laws.

These Terms permit you to use our website and services for your personal, non-commercial use only.

You must not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store or transmit any of the material on our website without our prior written consent, except where permitted by law.

Except as expressly provided in these Terms, nothing in these Terms grants you any licence or other rights under any patent, trademark, copyright or other intellectual property of Bellies & Bums Co., Shopify or any third party.

Unauthorised use of our website, content, branding, product names, designs or materials may constitute a breach of Australian intellectual property laws and other applicable laws.

Bellies & Bums Co.’s names, logos, product names, designs, slogans and brand elements are trademarks or brand assets of Bellies & Bums Co. or its affiliates or licensors. You must not use these without our prior written permission.

Shopify’s name, logo, product names, service names, designs and slogans are trademarks of Shopify. All other names, logos, product names, service names, designs and slogans on our website are the trademarks of their respective owners.

SECTION 7 - OPTIONAL TOOLS

You may be provided with access to tools or features offered by third parties as part of our website or services. We do not monitor, control or have input over all third-party tools.

You acknowledge and agree that access to such tools is provided “as is” and “as available” without warranties, representations or conditions of any kind and without endorsement.

We are not liable for any issue, harm or damage arising from or relating to your use of optional third-party tools.

Any use by you of optional third-party tools offered through our website is entirely at your own risk and discretion. You should ensure that you are familiar with and approve of the terms on which those tools are provided by the relevant third-party provider.

We may also offer new features, resources or tools through our website or services in the future. Such new features will also be deemed part of our services and will be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

Our website or services may contain materials, embedded features or hyperlinks to websites provided or operated by third parties.

We are not responsible for examining or evaluating the content, accuracy, policies or practices of any third-party materials or websites you choose to access.

If you decide to leave our website to access third-party materials or websites, you do so at your own risk.

We are not liable for any harm or damages related to your access to third-party websites or your purchase or use of any products, services, resources or content from third-party websites.

Please carefully review the policies and practices of any third party before you engage in a transaction. Complaints, claims, concerns or questions regarding third-party products and services should be directed to the third party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

Bellies & Bums Co. is powered by Shopify, which enables us to provide our online store and related services.

However, any sales and purchases you make through our store are made directly with Bellies & Bums Co.

By using our website and services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Bellies & Bums Co., including any injury, damage or loss resulting from purchased products or services.

You release Shopify and its affiliates from claims, damages and liabilities arising from or related to your purchases and transactions with Bellies & Bums Co., to the extent permitted by law.

SECTION 10 - PRIVACY POLICY

All personal information we collect through our website and services is subject to our Privacy Policy.

Certain personal information may also be subject to Shopify’s Privacy Policy.

By using our website or services, you acknowledge that you have read our Privacy Policy.

Because our store is hosted by Shopify, Shopify may collect and process personal information about your access to and use of our website and services in order to provide and improve the services offered to us and to you.

Information you submit through our website may be transmitted to and shared with Shopify and other third-party service providers, including service providers that may be located outside Australia, in order to provide services such as payment processing, website hosting, email communication, analytics, order fulfilment and customer support.

Please review our Privacy Policy for more details on how we collect, use, disclose and protect your personal information.

SECTION 11 - FEEDBACK, REVIEWS AND USER CONTENT

If you submit, upload, post, email or otherwise provide any ideas, suggestions, feedback, reviews, testimonials, proposals, plans, photos, videos or other content to Bellies & Bums Co., you grant us a worldwide, royalty-free licence to use, reproduce, modify, publish, distribute, display and promote that content in any medium for the purpose of operating, providing, evaluating, improving and promoting our products, services and business.

We will not knowingly use identifiable images or videos of children in marketing materials without appropriate permission from a parent or legal guardian.

Where required by law, we will seek appropriate permission before using identifiable images, names or personal information in marketing materials.

You represent and warrant that:

(i) you own or have all necessary rights to the content you provide;

(ii) you have disclosed any compensation, incentive, gifted product or relationship connected with your submission, where applicable;

(iii) your content is truthful and accurate to the best of your knowledge; and

(iv) your content does not violate these Terms or the rights of any third party.

We are not required to maintain your feedback or content in confidence, pay compensation for it, or respond to it, unless otherwise agreed in writing.

We may monitor, edit or remove feedback, reviews or user content at our discretion, including content we consider unlawful, offensive, threatening, defamatory, misleading, obscene, abusive, spam-like, inappropriate or in violation of intellectual property rights or these Terms.

You agree that your feedback or content will not violate any right of a third party, including copyright, trademark, privacy, personality or other personal or proprietary rights.

You also agree that your content will not contain unlawful, abusive or obscene material, or any computer virus, malware or harmful code that could affect the operation of our website or services.

You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties about the origin of any feedback or content.

You are solely responsible for any feedback or content you provide and its accuracy.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our website or in our services that contains typographical errors, inaccuracies or omissions.

These may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, availability, ingredients, images or other information.

We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate, at any time and without prior notice, including after you have submitted your order.

Nothing in this section limits or excludes any rights you may have under Australian Consumer Law.

SECTION 13 - PROHIBITED USES

You may access and use our website and services for lawful purposes only.

You may not access or use our website or services, directly or indirectly:

(a) for any unlawful, fraudulent or malicious purpose;

(b) to violate any applicable Australian law, regulation or local government requirement;

(d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate or harm any of our employees, customers or any other person;

(e) to transmit false or misleading information;

(f) to upload, download, transmit or use any material that does not comply with these Terms;

(g) to transmit or procure the sending of advertising or promotional material, including “junk mail”, “chain letters”, “spam” or similar solicitations;

(h) to impersonate or attempt to impersonate any person or entity; or

(i) to engage in conduct that restricts or inhibits anyone’s use or enjoyment of our website or services, or which may harm Bellies & Bums Co., Shopify or users of our website or services, or expose them to liability.

In addition, you agree not to:

(a) upload or transmit viruses, malware or any harmful code;

(b) reproduce, duplicate, copy, extract, sell, resell or exploit any portion of our website or services without permission;

(d) spam, phish, pharm, pretext or engage in similar behaviour;

(e) use any robot, spider, scraper, data gathering tool, automated device, AI tool or other means to access, scrape, copy, monitor or extract content from our website without our prior written permission, except where the tool is used for ordinary browsing, accessibility support or assistive technology; or

(f) interfere with, bypass or circumvent the security features, robot exclusion headers, authorisation systems or other measures we use to restrict access to our website or services.

We reserve the right to suspend, disable or terminate your access to our website or services at any time, without notice, if we determine that you have violated any part of these Terms.

SECTION 14 - AGENTS AND AUTOMATED ACCESS

This section applies if you use, allow, enable or cause the deployment of any automated tool, AI agent, software, bot, crawler, scraper or similar system to access, use or interact with our website or services.

For the purpose of these Terms, an “Agent” means any software, service, automated system or AI-enabled tool that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, any person or entity.

No Agent may access, use or interact with our website or services unless it clearly identifies itself and operates in accordance with these Terms and any technical requirements or restrictions we publish or implement.

We may limit, block or restrict whether and how Agents access, use or interact with our website or services, including by technical measures.

Agents must:

(i) clearly identify that the request or interaction is from an Agent;

(ii) not conceal or misrepresent that access, use or interactions are automated;

(iii) not mimic human behaviour in order to bypass restrictions;

(iv) not complete or circumvent CAPTCHAs or other measures intended to distinguish human users from automated systems;

(v) respond truthfully to any prompt seeking to determine whether interactions are coming from a human or computer; and

(vi) not circumvent or avoid any measure intended to block, limit, modify or control whether and how Agents access, use or interact with our website or services.

Nothing in this section is intended to restrict ordinary browsing, accessibility support or the use of assistive technology by customers or visitors.

SECTION 15 - TERMINATION

We may terminate this agreement or your access to our website or services, or any part of them, at our discretion and without notice, where permitted by law.

You will remain liable for all amounts due up to and including the date of termination.

The following sections will continue to apply after termination where relevant: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy and any other provisions that by their nature should survive termination.

SECTION 16 - DISCLAIMER OF WARRANTIES

Information presented on or through our website, packaging, emails, guides, recipes, social media or other materials is made available for general information purposes only.

We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is at your own risk.

Except as expressly stated by Bellies & Bums Co., our website, services and products are provided “as is” and “as available” for your use, without any representation, warranties or conditions of any kind, either express or implied, to the extent permitted by law.

We do not guarantee, represent or warrant that your use of our website or services will be uninterrupted, timely, secure or error-free.

To the extent required by Australian law, including the Australian Consumer Law, certain guarantees, warranties and remedies may apply and cannot be excluded.

Nothing in these Terms excludes, restricts or modifies any rights or remedies you may have under Australian Consumer Law, including consumer guarantees that cannot be excluded by law.

SECTION 17 - LIMITATION OF LIABILITY

To the fullest extent permitted by law, Bellies & Bums Co., our partners, directors, officers, employees, affiliates, agents, contractors, service providers or licensors, and those of Shopify and its affiliates, will not be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special or consequential damages of any kind, including but not limited to lost profits, lost revenue, lost savings, loss of data, replacement costs or similar damages, arising from your use of our website, services or products.

This includes, but is not limited to, any claim related to your use of our website or services, any product purchased through our website, any errors or omissions in content, or any loss or damage incurred as a result of the use of our website, services, content or products.

Nothing in these Terms excludes, restricts or modifies any rights or remedies you may have under Australian Consumer Law, including any consumer guarantees that cannot be excluded by law.

SECTION 18 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Bellies & Bums Co., Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from any losses, damages, liabilities or claims, including reasonable legal costs, payable to any third party due to or arising out of:

(i) your breach of these Terms of Service or any policies they incorporate by reference;

(ii) your violation of any law or the rights of a third party; or

(iii) your access to and use of our website or services.

We will notify you of any indemnifiable claim where reasonably possible. A failure to promptly notify you will not relieve you of your obligations unless you are materially prejudiced.

We may control the defence and settlement of such claim at your expense, including choice of counsel, but will not settle any claim requiring non-monetary obligations from you without your consent, which must not be unreasonably withheld.

You agree to cooperate in the defence of indemnified claims, including by providing relevant documents or information where reasonably required.

SECTION 19 - SEVERABILITY

If any provision of these Terms of Service is determined to be unlawful, void or unenforceable, that provision will be enforceable to the fullest extent permitted by applicable law.

The unenforceable portion will be deemed severed from these Terms of Service, and such determination will not affect the validity and enforceability of any remaining provisions.

SECTION 20 - WAIVER; ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of that right or provision.

These Terms of Service, together with any policies or operating rules posted by us on this website or in respect to our services, constitute the entire agreement and understanding between you and us and govern your use of our website and services.

These Terms supersede any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us, including any prior versions of these Terms of Service.

Any ambiguities in the interpretation of these Terms of Service will not be construed against the drafting party.

SECTION 21 - ASSIGNMENT

You may not delegate, transfer or assign these Terms or any of your rights or obligations under them without our prior written consent. Any attempt to do so without consent will be null and void.

We may transfer, assign or delegate these Terms and our rights and obligations without consent or notice to you, where permitted by law.

SECTION 22 - GOVERNING LAW

These Terms of Service, and any purchases made through Bellies & Bums Co., are governed by and construed in accordance with the laws of Queensland, Australia.

SECTION 23 - HEADINGS

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 24 - CHANGES TO TERMS OF SERVICE

You can review the most current version of these Terms of Service at any time on this page.

We reserve the right, at our discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website.

It is your responsibility to check our website periodically for changes.

Where required by law, we will notify you of material changes to these Terms.

Your continued use of or access to our website or services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 25 - CONTACT INFORMATION

Questions about these Terms of Service should be sent to us at:

Bellies & Bums Co.
team@belliesandbumsco.com