Terms and Conditions

These terms and conditions ("Agreement") set forth the general terms and conditions of your use of the eliminationcommunicationbabies.com website ("Website" or "Service") and any of its related products and services (collectively, "Services"). This Agreement is legally binding between you ("User", "you" or "your") and Elimination Communication Babies ("Elimination Communication Babies", "we", "us" or "our"). By accessing and using the Website and Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. If you are entering into this Agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this Agreement, in which case the terms "User", "you" or "your" shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this Agreement, you must not accept this Agreement and may not access and use the Website and Services. You acknowledge that this Agreement is a contract between you and Elimination Communication Babies, even though it is electronic and is not physically signed by you, and it governs your use of the Website and Services.

Payments, Returns & Refunds Policy

Thank you for supporting Elimination Communication Babies. As a mum-owned business, founded on purpose, passion, and authenticity — I appreciate every order and actively give back to the ECB community often by sharing real insight & inspiration. From the bottom of my heart, thank you for believing in my work. I love every single message, every single review, and comment.

We know that shopping online for babies & mums can be tricky. Sizing, fabric & colors can be different in real life. So if you're not 100% satisfied with your product, please reach out to our team at eliminationcommunicationbabies@gmail.com with a photograph of the item and any concerns you have. We will use our trusted mum superpowers to resolve your issue as soon as possible.

That said, I am committed to providing excellent educational resources, and industry-standard products to assist the EC lifestyle and service to my customers worldwide and this is reflected in this policy. The ECB Refund Policy applies to all purchases made online at https://www.eliminationcommunicationbabies.com.

Change of mind

• in saleable condition
• unused with all original packaging
• returned to us with any gift or bonus received with the merchandise (if applicable)
• not subject to the exclusions listed below; and

Any return request must be communicated in under 14 days of receiving the order. If your return or exchange request is beyond this time frame, please contact us, and we'll do everything in our power to help you out.

Faulty items

If the item you received is faulty or defective, please contact us by emailing eliminationcommunicationbabies@gmail.com with your order number, your name and address, details of the product, and a photograph of the product's fault. We will then advise you regarding the next steps within 7 days.

After we have confirmed and approved your return, refund, or exchange request, please re-pack the item in its original packaging with labels and tags still attached.

Post the items to a given address at your expense with the shipping label we will email to you. We advise the return goods by Post Office shipment facility rather than couriers like DHL which may cost much more.

As soon as we have received your return, we will issue the approved full or partial refund.

We'll send you an email to confirm your return has been received and that your refund has been processed.

Refunds will be paid back to the original payment method. You can expect to receive refunds within 7 days of your package return depending on your bank. However, in many cases, you will receive a refund more quickly. If you're requesting an exchange, the merchandise will be shipped immediately once your return is accepted, granted that they're in stock.

Exchanges

All exchanges are for the same item. If we do not have stock we will issue store credit.

• Your order did not arrive due to factors within your control (i.e. providing the wrong shipping address)
• If we already have processed your order for shipping and it is already sent and is in transit.
• If you did not pick up your item from the post office and it was delivered back.
• Other exceptional circumstances outside the control of Elimination Communication Babies.

Unfortunately, we are unable to offer returns or refunds or exchanges on gift cards or sale items.

Unfortunately, we cannot refund or exchange books, underwear, or diaper products. Please select sizing carefully. We suggest using our online community to on-sell anything purchased that does not fit accordingly.

Undeliverable packages

• An incorrect shipping address was entered at checkout
• The courier failed in their attempt to deliver the package or the package was not picked up from a local depot within the time specified
• The package was refused by the recipient

Elimination Communication Babies is not responsible for packages returned as undeliverable. We will also not issue a credit or refund for the items in these packages. If your package has been lost in transit, please contact your local post office to file a claim.

User content

We do not own any data, information or material (collectively, "Content") that you submit on the Website in the course of using the Service. You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all submitted Content. We may monitor and review the Content on the Website submitted or created using our Services by you. You grant us permission to access, copy, distribute, store, transmit, reformat, display and perform the Content of your user account solely as required for the purpose of providing the Services to you. Without limiting any of those representations or warranties, we have the right, though not the obligation, to, in our own sole discretion, refuse or remove any Content that, in our reasonable opinion, violates any of our policies or is in any way harmful or objectionable. You also grant us the license to use, reproduce, adapt, modify, publish or distribute the Content created by you or stored in your user account for commercial, marketing or any similar purpose.

Billing and payments

You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. If, in our judgment, your purchase constitutes a high-risk transaction, we will require you to provide us with a copy of your valid government-issued photo identification, and possibly a copy of a recent bank statement for the credit or debit card used for the purchase. We reserve the right to change products and product pricing at any time. We also 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.

Accuracy of information

Occasionally there may be information on the Website that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Website or Services is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information on the Website including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Website should be taken to indicate that all information on the Website or Services has been modified or updated.

Third party services

If you decide to enable, access or use third party services, be advised that your access and use of such other services are governed solely by the terms and conditions of such other services, and we do not endorse, are not responsible or liable for, and make no representations as to any aspect of such other services, including, without limitation, their content or the manner in which they handle data (including your data) or any interaction between you and the provider of such other services. You irrevocably waive any claim against Elimination Communication Babies with respect to such other services. Elimination Communication Babies is not liable for any damage or loss caused or alleged to be caused by or in connection with your enablement, access or use of any such other services, or your reliance on the privacy practices, data security processes or other policies of such other services. You may be required to register for or log into such other services on their respective platforms. By enabling any other services, you are expressly permitting Elimination Communication Babies to disclose your data as necessary to facilitate the use or enablement of such other service.

Backups

We perform regular backups of the Website and its Content, however, these backups are for our own administrative purposes only and are in no way guaranteed. You are responsible for maintaining your own backups of your data. We do not provide any sort of compensation for lost or incomplete data in the event that backups do not function properly. We will do our best to ensure complete and accurate backups, but assume no responsibility for this duty.

Advertisements

During your use of the Website and Services, you may enter into correspondence with or participate in promotions of advertisers or sponsors showing their goods or services through the Website and Services. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third party. We shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third party.

Links to other resources

Although the Website and Services may link to other resources (such as websites, mobile applications, etc.), we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked resource, unless specifically stated herein. Some of the links on the Website may be "affiliate links". This means if you click on the link and purchase an item, Elimination Communication Babies will receive an affiliate commission. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their resources. We do not assume any responsibility or liability for the actions, products, services, and content of any other third parties. You should carefully review the legal statements and other conditions of use of any resource which you access through a link on the Website and Services. Your linking to any other off-site resources is at your own risk.

Prohibited uses

In addition to other terms as set forth in the Agreement, you are prohibited from using the Website and Services or Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website and Services, third party products and services, or the Internet; (h) to spam, phish, pharm, pretext, spider, crawl, or scrape; (i) for any obscene or immoral purpose; or (j) to interfere with or circumvent the security features of the Website and Services, third party products and services, or the Internet. We reserve the right to terminate your use of the Website and Services for violating any of the prohibited uses.

Intellectual property rights

"Intellectual Property Rights" means all present and future rights conferred by statute, common law or equity in or in relation to any copyright and related rights, trademarks, designs, patents, inventions, goodwill and the right to sue for passing off, rights to inventions, rights to use, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, rights to claim priority from, such rights and all similar or equivalent rights or forms of protection and any other results of intellectual activity which subsist or will subsist now or in the future in any part of the world. This Agreement does not transfer to you any intellectual property owned by Elimination Communication Babies or third parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with Elimination Communication Babies. All trademarks, service marks, graphics and logos used in connection with the Website and Services, are trademarks or registered trademarks of Elimination Communication Babies or its licensors. Other trademarks, service marks, graphics and logos used in connection with the Website and Services may be the trademarks of other third parties. Your use of the Website and Services grants you no right or license to reproduce or otherwise use any of Elimination Communication Babies or third party trademarks.

Limitation of liability

To the fullest extent permitted by applicable law, in no event will Elimination Communication Babies, its affiliates, directors, officers, employees, agents, suppliers or licensors be liable to any person for any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if the liable party has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of Elimination Communication Babies and its affiliates, officers, employees, agents, suppliers and licensors relating to the services will be limited to an amount greater of one dollar or any amounts actually paid in cash by you to Elimination Communication Babies for the prior one month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.

Indemnification

You agree to indemnify and hold Elimination Communication Babies and its affiliates, directors, officers, employees, agents, suppliers and licensors harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys' fees, incurred in connection with or arising from any third party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Website and Services or any willful misconduct on your part.

Dispute resolution

The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of New Zealand without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of New Zealand. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in New Zealand, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

Changes and amendments

We reserve the right to modify this Agreement or its terms relating to the Website and Services at any time, effective upon posting of an updated version of this Agreement on the Website. When we do, we will revise the updated date at the bottom of this page. Continued use of the Website and Services after any such changes shall constitute your consent to such changes.

Acceptance of these terms

You acknowledge that you have read this Agreement and agree to all its terms and conditions. By accessing and using the Website and Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to access or use the Website and Services.

Contacting us

If you would like to contact us to understand more about this Agreement or wish to contact us concerning any matter relating to it, you may send an email to eliminationcommunicationbabies@gmail.com.

This document was last updated on April 14, 2022

DMCA policy

This Digital Millennium Copyright Act policy ("Policy") applies to the eliminationcommunicationbabies.com website ("Website" or "Service") and any of its related products and services (collectively, "Services") and outlines how Elimination Communication Babies ("Elimination Communication Babies", "we", "us" or "our") addresses copyright infringement notifications and how you ("you" or "your") may submit a copyright infringement complaint.

Protection of intellectual property is of utmost importance to us and we ask our users and their authorized agents to do the same. It is our policy to expeditiously respond to clear notifications of alleged copyright infringement that comply with the United States Digital Millennium Copyright Act ("DMCA") of 1998, the text of which can be found at the U.S. Copyright Office website.

What to consider before submitting a copyright complaint

Before submitting a copyright complaint to us, consider whether the use could be considered fair use. Fair use states that brief excerpts of copyrighted material may, under certain circumstances, be quoted verbatim for purposes such as criticism, news reporting, teaching, and research, without the need for permission from or payment to the copyright holder. If you have considered fair use, and you still wish to continue with a copyright complaint, you may want to first reach out to the user in question to see if you can resolve the matter directly with the user.

Please note that under 17 U.S.C. § 512(f), you may be liable for any damages, including costs and attorneys' fees incurred by us or our users, if you knowingly misrepresent that the material or activity is infringing. If you are unsure whether the material you are reporting is in fact infringing, you may wish to contact an attorney before filing a notification with us.

We may, at our discretion or as required by law, share a copy of your notification or counter-notification with third parties. This may include sharing the information with the account holder engaged in the allegedly infringing activity or for publication. If you are concerned about your information being forwarded, you may wish to hire an agent to report infringing material for you.

Notifications of infringement

• Identification of the copyrighted work that you claim has been infringed, or, if multiple copyrighted works are covered by this Notification, you may provide a representative list of the copyrighted works that you claim have been infringed.
• Identification of the infringing material and information you claim is infringing (or the subject of infringing activity), including at a minimum, if applicable, the URL or URLs of the web pages where the allegedly infringing material may be found.
• Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an e-mail address.
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, the copyright owner's agent, or the law.
• A statement that the information in the notification is accurate, and under penalty of perjury that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
• A physical or electronic signature (typing your full name will suffice) of the copyright owner or a person authorized to act on their behalf.

All such Notifications must comply with the DMCA requirements. You may refer to a DMCA takedown notice generator or other similar services to avoid making mistake and ensure compliance of your Notification.

Filing a DMCA complaint is the start of a pre-defined legal process. Your complaint will be reviewed for accuracy, validity, and completeness. If your complaint has satisfied these requirements, our response may include the removal or restriction of access to allegedly infringing material as well as a permanent termination of repeat infringers' accounts. A backup of the terminated account's data may be requested, however, we may not be able to provide you with one and, as such, you are strongly encouraged to take your own backups.

If we remove or restrict access to materials or terminate an account in response to a Notification of alleged infringement, we will make a good faith effort to contact the affected user with information concerning the removal or restriction of access, which may include a full copy of your Notification (including your name, address, phone, and email address), along with instructions for filing a counter-notification.

Notwithstanding anything to the contrary contained in any portion of this Policy, Elimination Communication Babies reserves the right to take no action upon receipt of a DMCA copyright infringement notification if it fails to comply with all the requirements of the DMCA for such notifications.

A user who receives a copyright infringement Notification may make a counter-Notification pursuant to sections 512(g)(2) and (3) of the US Copyright Act. If you receive a copyright infringement Notification, it means that the material described in the Notification has been removed from our Services or access to the material has been restricted. Please take the time to read through the Notification, which includes information on the Notification we received as well as instructions on how to file a counter-notifications.

• Identification of the material that has been removed or to which access has been restricted and the location at which the material appeared before it was removed or access to it was restricted.
• A statement under penalty of perjury that you have a good faith belief that the material was removed or restricted as a result of mistake or misidentification of the material to be removed or restricted.
• A statement that you consent to the jurisdiction of the federal district court for the judicial district in which the address is located (or if you are outside of the United States, that you consent to the jurisdiction of any judicial district in which the service provider may be found), and that you will accept service of process from the person or company who provided the original infringement notification.

Please note that you may be liable for, including costs and attorneys' fees incurred by us or our users, if you knowingly misrepresent that the material or activity is not infringing the copyrights of others or that the material or activity was removed or restricted by mistake or misidentification. Accordingly, if you are not sure whether certain material infringes the copyrights of others or that the material or activity was removed or restricted by mistake or misidentification, you may wish to contact an attorney before filing a counter-notification.

Notwithstanding anything to the contrary contained in any portion of this Policy, Elimination Communication Babies reserves the right to take no action upon receipt of a counter-notification. If we receive a counter-notification that complies with the terms of 17 U.S.C. § 512(g), we may forward it to the person who filed the original Notification.

The process described in this Policy does not limit our ability to pursue any other remedies we may have to address suspected infringement.

We reserve the right to modify this Policy or its terms relating to the Website and Services at any time, effective upon posting of an updated version of this Policy on the Website. When we do, we will revise the updated date at the bottom of this page.

Reporting copyright infringement

If you would like to notify us of the infringing material or activity, you may send an email to eliminationcommunicationbabies@gmail.com.