16 December 2015
(a) Welcome to the NaturalBirthAndMotherhood.com and www.NaturalBirthAndMotherhood.com.au websites. These websites, and the information content and services they make available (collectively referred to as the Website), is provided to you by Natural Birth and Motherhood Pty Ltd (ACN 607 256 164) (NBM, ‘we’, ‘us’, ‘our’), with its principal offices in New South Wales, Australia.
(c) The people who access and use this Website are referred to as ‘Users’, ‘you’, ‘your’.
2. Changes to the Website Terms
These Website Terms may be amended from time to time. The date on which the Website Terms were last updated is noted on this page. Your continued use of our Website following any such amendments will be deemed to be confirmation that you accept those amendments. Please check back each time you use this Website to see if a new version of the Website Terms has been posted.
3. Use of Content
(a) A variety of information, advice, recommendations, letters, messages, comments, posts, texts, graphics, software, music, sound, photographs, videos, data, and other materials (Content) is available on the Website. Some Content is provided by us and other Content is provided by Users. While NBM strives to keep the Content that it posts on the Website accurate, complete, and up-to-date, we cannot guarantee, and are not responsible for, the accuracy, completeness, or timeliness of any Content, whether provided by us or Users.
(b) The Content of the Website is for your general information and use only. It is subject to change without notice. It is provided with the understanding that neither NBM or its Users are engaged in rendering medical, counselling, legal or other professional services or advice.
(c) Your use of any information or materials on this Website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
4. Medical disclaimer
The Content is intended solely as a general educational aid. It is not intended as medical or healthcare advice, or to be used for medical diagnosis or treatment. It is also not intended as a substitute for professional advice and services from a qualified healthcare provided familiar with your unique facts and circumstances.
6. Third parties
(a) The Website may contain links to other websites operated, controlled or produced by third parties. These links are provided for your convenience and to provide you with further information. You acknowledge that they are used at your own risk.
(b) Unless otherwise indicated, NBM does not control, endorse, sponsor or approve any such third party websites or their content nor does NBM provide any warranty or take any responsibility whatsoever for any aspect of those websites or their content. You hereby acknowledge that such information and materials may contain mistakes, inaccuracies or errors and we expressly exclude any liability for such to the fullest extent permissible by law.
7. Pre-screening Content
NBM does not have any obligation to pre-screen, edit, or remove any Content provided by Users that is posted on or available through the Website. However, NBM has the right (but not the obligation), in its sole discretion and for any reason, to pre-screen, edit, refuse to accept, remove, or move any such Content.
8. User-submitted Content
(a) You are responsible for all Content that you submit, post, or otherwise make available to or through the Website. By doing so, you:
(i) represent and warrant to NBM that such content is not confidential and that you have all necessary permission to submit, post and otherwise make available such Content;
(ii) grant to NBM and its affiliates a worldwide, nonexclusive, perpetual, fully sub-licensable, royalty-free right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute (including, without limitation, making available on-line, electronically transmitting or otherwise communicating to the public), perform, and display such Content (in whole or part) worldwide via the Website or otherwise, and/or to incorporate it in other works in any form, media, or technology now known or later developed; and
(iii) consent to all relevant acts or omissions in relation to your moral rights in such Content which may or might otherwise constitute a breach or infringement of those moral rights and to the extent permitted by law, waive all your moral rights in such Content.
(b) You agree that you will not submit, post, or otherwise make available to or through the Website any Content, that:
(i) is unlawful, harassing, defamatory, abusive, threatening, obscene, harmful, tortious, or invasive of another’s privacy;
(ii) infringes or violates any party’s copyright, trademark, trade secret, patent, or other proprietary right;
(iii) contains any worms, viruses, or other harmful, disruptive, or destructive files, code, or programs;
(iv) includes any unauthorised advertising, promotional materials, chain letters, spam, junk mail, or any other type of unsolicited mass e-mail to people or entities that have not agreed to be part of such mailings; or
(v) you do not have the right to submit, post, disseminate, or transmit.
9. Complaints about content
If you wish to bring to our attention any unlawful activity associated with any Content posted by another User or otherwise available on the Website, please do so by emailing us at the email address below.
10. Ownership and intellectual property rights
This Website contains material which is owned by or licensed to us. This material includes, but is not limited to, the Website, trademarks, URLs, Content, design, layout, appearance, look and graphics of the Website. Any reproduction of the website’s material is prohibited other than in accordance with the copyright notice, which forms part of the Website Terms.
11. License to use Content
(a) NBM grants you a nonexclusive, non-transferable, revocable, limited license to view, copy, print and distribute Content retrieved from the Website only for your personal, non-commercial use, provided that you do not remove or obscure any copyright notice, trademark notice, or other proprietary rights notices displayed on or in conjunction with the Content. You may not use any Content available on the Website in any other manner or for any other purpose without the prior written permission of NBM. All rights not expressly granted in the Website Terms are expressly reserved by NBM.
(b) Unauthorised use of this Website may be a criminal offence and/or give rise to a claim for damages.
12. Trademark Notices
(a) All trademarks reproduced in this website, which are not the property of, or licensed to us, are acknowledged on the Website. Unless acknowledged otherwise, all trademarks, service marks, logos and designs used on this Website, whether registered or unregistered, are owned by NBM.
(b) You may not use or display any trademarks, service marks, logos or designs owned by NBM without our prior written consent.
13. Compliance with Laws
(a) Your use of this website and any dispute arising out of your use of it is subject to the laws of New South Wales, Australia. You may only use the Website for lawful purposes and in a manner consistent with the nature and purpose of the Website.
(b) You agree to comply with all laws applicable to your use of the Website.
(c) In the event of a dispute, you agree to submit to the exclusive jurisdiction of the courts of New South Wales, Australia and the Federal Court of Australia.
(a) You indemnify us from and against all claims, suits, demands, actions, liabilities, costs and expenses (including legal costs and expenses on a full indemnity basis) resulting from your use of the Website.
(b) In no event will we be liable for any loss, damage, cost or expense including legal costs and expenses (whether direct or indirect) incurred by you in connection with the use of this Website.
15. Product reviews
(a) From time to time, NBM may review a third party product. It is important to NBM to give unbias reviews. Accordingly, NBM does not accept payment for any of the products it reviews.
(b) In no circumstances, will we be liable for any loss, damage, cost or expense including legal cost and expenses (whether direct or indirect) incurred by you in connection with the use of products NBM has reviewed.
16. Your contact with other Third Parties
(a) This Website may provide links to other sites and/or resources, including advertisers, over which NBM has no control. Your dealings with advertisers or other third parties found on or accessible through the Website are solely between you and the third party. These dealings include, but are not limited to, your participation in promotions, the payment for and delivery of items if any, and any terms, conditions, warranties, or representations associated with such dealings.
(b) NBM does not make any representations or warranties with respect to any items or services that may be obtained from such third parties, and you agree that NBM will have no liability with respect to any loss or damage of any kind incurred as a result of any dealings between you and any third party, or as a result of the presence of such third parties on the Website.
17. Limitation of Liability
NBM assumes no responsibility for any consequence relating directly or indirectly to any action or inaction you take based on the Content available via the Website. You must evaluate, and bear all risk associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
18. Disclaimer of warranties with respect to the Website
(a) To the maximum extent permitted by law (most importantly the Australian Consumer Law):
(i) While every effort is made to keep the Website up and running smoothly, the Website is provided on an “as is” and “as available” basis.
(ii) NBM expressly disclaims all warranties of any kind, whether express or implied, including without limitation, any warranties of merchantability, fitness for a particular purpose, and non-infringement.
(iii) NBM does not make any warranty that the Website will meet your requirements, or that access to the Website will be uninterrupted, timely, secure, or error-free, or that defects, if any will be corrected.
(iv) Any content downloaded or otherwise obtained through the Website is used at your own risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of such content.
(a) You agree to indemnify and hold harmless NBM, its directors, officers, employees, agents, and affiliates, from and against any and all liability, damages, losses, claims, expenses of any kind (including, without limitation, reasonable legal fees) directly or indirectly related to:
(i) your breach of the Website Terms; or
(ii) the Content you submit, post, or transmit through the Website.
20. Modification or Suspension of the Website
NBM may at any time modify, discontinue, or suspend its operation of this Website, or any part thereof, temporarily or permanently, without notice to you.
21. Termination of your access
If you breach these Website Terms, NBM may at any time terminate your use of the Website without prior notice to you. You agree that any subscription remaining will be immediately forfeited by you.
22. Severability of Website Terms
(a) Any provision of these Website Terms which is invalid or unenforceable in any jurisdiction will, as to that jurisdiction only, be read down or severed to the extent of that invalidity or unenforceability.
(b) The remaining provisions of this agreement which are self-sustaining and capable of separate enforcement without regard to the read down, or severed provision in that jurisdiction, are and will continue to be valid and enforceable in accordance with their terms.
23. Other products and services
These Website Terms do not relate to your use of any product or service described on our Website unless otherwise agreed. You must refer to the individual warranty relevant to any particular product or service.
How to contact us
If you have any questions, comments, requests, or concerns related to the Website Terms or the information practices of this Website, please contact us as follows:
Natural Birth and Motherhood Pty Ltd
Suite 138, 44 Mountain Street
ULTIMO NSW 2007