Effective date: February 2021
These Terms of Use (‘Terms’) apply to all users of this Website and our Courses. This Website and the Courses are owned and operated by Helen Thompson (ABN 68 553 211 042) (‘we’, ‘our’, ‘us’). We may modify and update these Terms at any time, without notice. You need to ensure you review our Terms from time to time. By using our Website and accessing our Courses, you agree to be bound by these Terms as well as any and all general Terms and Conditions posted on our Website from time to time.
DEFINITIONS
“Content” means any and all material, links, words, images including but not limited to any goods and services accessed on or through the Website, including but not limited to any of our Course Material.
“Courses” means our online courses which provide educational information regarding baby massage techniques to help babies with common problems such as gas/colic, constipation and other issues.
“Course Fee” means the fee paid by you in order to access the Courses.
“Course Material” means the video and PDF material containing our Courses.
“Permitted Use” means the viewing and/or downloading by you of one copy of the Course Material, solely for the purpose of studying the Courses.
“Website” means www.mybabymassage.net.
“We”, “our” and “us” means Helen Thompson (ABN 68 553 211 042), www.mybabymassage.net, and includes all officers, directors, employees, contractors and affiliates.
“You” means any user of our Website or Courses.
OUR COURSES
We offer the Courses in video and PDF format, to provide educational information regarding baby massage techniques to help babies with common problems such as gas/colic, constipation and other conditions.
Upon payment of our Course Fee, and acceptance of these Terms, we will grant you access to your chosen Course and the related Course Material at any time after payment and for an unlimited period until such time as the Course is no longer offered or we cease to support it. In the event this occurs, we will provide 60 days notice to you to give you an opportunity to access the Course prior.
COURSE FEE
In order to participate in our Courses and to access our Course Material, you must pay our Course Fee.
Our Course Fee is a one-off fee, payable in advance by PayPal.
The amount of our Course Fees may vary from time to time, but current fees may be displayed on our Website and/or communicated to you at the time of your purchase.
30 DAY MONEY BACK GUARANTEE
We are so confident that you will be satisfied with our Courses, that we offer a 30-day money back guarantee, as described in this clause.
If, within 30 days from the date of your purchase, you:
- Review all of our Course Material, including watching all of our videos, and reading all of our written material;
- Genuinely use all of the techniques taught to you via the Courses and the Course Material, on a daily basis, for a continuous period of at least 30 days;
- At the end of the 30-day period, are not 100% satisfied with your results; and
- Write to us to request a refund including a reason for your request;
Then we will provide a full refund of the Course Fee paid by you.
LICENSE TERMS (‘License’)
Upon acceptance of these Terms and payment by you of the Course Fee, we grant you a revocable, non-exclusive, non-transferable, limited license to access your chosen Course and the related Course Material.
Our Courses may only be used for your own individual, personal, non-commercial use.
You may only use the Course Material for the Permitted Use.
Aside from the Permitted Use of the Course Material, you may view, browse and search our Content but may not store, download, print, or otherwise copy and retain any of our Content. In particular, you agree not to:
- copy, modify, alter, disassemble; decompile, translate or convert into human readable form or reverse engineer all or any part of the Content;
- print or copy all or part of the Content, or save it onto a memory storage facility of any computer;
- share, sell, license or distribute any Content to third parties or use any Content as a component of or as a basis for any material offered for sale, license or distribution;
- store or use any Content in any database or other storage facility in either paper or electronic form which is intended for the storage and/or provision to users of any access to know-how; and
- in any other way reproduce, copy, download, scrape, store, publish, transmit, re-transmit, transfer, communicate, distribute, disseminate, broadcast, circulate, sell, resell or otherwise use the Content or any part or portion of the Content in any form or by any means.
Any unauthorised use of the Content may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
In the event that you breach these Terms, including but not limited to by using the Content in an unauthorised manner, we may immediately terminate this License.
We reserve the right to disclose your name and any other personal details to any law enforcement authority or other competent authority or to any person for the purpose of legal proceedings, prosecution, investigation or any breach or alleged breach of the law or of these Terms.
CONTENT DISCLAIMER
All information in our Courses, and all other digital materials including but not limited to the Content (together ‘Information’) is for general information and educational purposes only. Nothing contained in this Information is, or is intended to be, construed as advice. We are only providing you with facts, information, insights and educational material to assist you. You need to decide what may work best and what may be suitable for your own personal needs and those of your baby. We do not have your or your baby’s personal information, health information or personal circumstances or situation in mind when we provide this Information. It does not constitute nor should it be treated as medical advice, healthcare advice, professional advice, or formal advice of any type or nature. You need to make your own enquiries and analysis to determine if any of the Information is suitable for your own particular purposes and is suitable for your situation.
The Information is obtained from sources believed to be reliable and is given in good faith but we provide no warranties regarding its accuracy and completeness, nor do we or the creator of such Information accept responsibility arising in any other way in relation to the Information, including but not limited to for negligence, errors or omissions. Your use of the Information is entirely at your own risk and any reliance on the Information should be your own decision or undertaken with the advice and assistance of a medical professional.
COPYRIGHT
You may not share, copy or redistribute the Content in any medium or format at any time. Our Content (and in particular the Course Materials) are for your individual personal use only and may not be used for commercial purposes. You are not permitted to make any derivative material, including but not limited to summarising, rewriting, remixing, transforming or building upon the Content in whole or any part thereof. For any other use or distribution, you must have express written consent from us.
DISCLAIMER
The Content is for general information and educational purposes only. Whilst we have exercised due care in ensuring the accuracy of the Content, the information is not specific nor does it take into account your (or your baby’s) personal circumstances.
Nothing contained in this Website is intended to be used or treated as medical advice and it is not intended to be used to diagnose, treat, cure or prevent any disease nor should it be used for therapeutic purposes or as a substitute for your own health professional’s advice. The Content is intended to provide guidance and assistance for some symptoms that may be experienced from time to time pursuant to a procedure but the information is indicative only and not meant as a comprehensive list for all or any particular patient or individual.
Whilst we endeavor to keep the Content up-to-date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Website or the information, products, services, or related graphics contained on the Website for any purpose. Any reliance you place on such information and any Content is therefore strictly at your own risk. You need to make your own enquiries to determine if the information is appropriate for your intended use and suitable to your (and your baby’s) particular condition. Before relying on any Content, you should obtain your own professional medical advice to ensure it is relevant to your specific circumstances.
In no event do we accept liability for any loss, injury or damage, including but not limited to indirect or consequential loss or damage, death or illness, that may result from any use of or reliance on the Content or any other information you receive via this Website or the Courses.
LIABILITY
You agree and acknowledge that we are not liable for any direct, indirect, consequential or incidental loss or damage which may result from your use of our Website, the Content, or the Courses, or any information contained on the Website or linked to it.
In accessing our Courses and relying on any information contained in the Courses, you agree you are doing so at your own risk and we cannot be held responsible for the action you may decide to take based on your decisions or actions that may result.
For the sake of clarity, in no event will we be liable for any consequential, indirect, incidental or special damages of any kind including any damages for loss or injury, or any liability resulting from any reliance by you on the information on the Website or the Content, or your access to our Courses.
Certain legislation including the Australian Consumer Law (ACL) in the Consumer and Competition Act 2010 (Cth), and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to the provision of Services by us to you which cannot be excluded, restricted or modified (Statutory Rights).
Our liability is governed solely by the ACL and these Terms. We exclude all conditions and warranties implied by custom, law or statute except for your Statutory Rights.
MODIFICATION OF WEBSITE, CONTENT AND COURSES
We reserve the right at any time and from time to time to remove, delete, alter or amend any Content on the Website or to modify the Website or the Courses at any time without notice. We shall not be liable to you or any third party for any modification when it is required.
We reserve the right to disclose your name and any other personal details to any law enforcement authority or other competent authority or to any person for the purpose of legal proceedings, prosecution, investigation or any breach or alleged breach of the law or these Terms.
YOUR WARRANTIES
You warrant and represent that:
- you are at least 18 years of age;
- you shall not impersonate another person, use a false name or a name you are not legally authorised to use;
- you shall not create a false identity or otherwise attempt to mislead others as to the identity or origin of any correspondence or communications relating to your use of the Courses or the Website;
- you shall not knowingly provide inaccurate, misleading or false information via the Courses or the Website; and
- you will not post any offensive Content, or Content that contains viruses, codes, files or programs that are designed to or may interrupt, damage, limit or destroy the functionality of any computer software or hardware;
- you will comply with these Terms at all times.
PRIVACY
Through your use of the Website or the Courses, you may provide us with some of your personal information. By using the Website and the Courses, you authorise us to use your information in Australia and any other country where we operate.
We take our privacy obligations very seriously. We may use the information we collect about you to improve the Courses that we provide to you. We respect the privacy and confidentiality of the information provided by you and adhere to the Australian Privacy Principles.
Please refer to our privacy policy for further information about what information we collect, how we use it and store it, and your rights in relation to it.
GOVERNING LAW
These Terms of Use are governed by the laws of Tasmania which are in force from time to time and both you and we agree to submit to the exclusive jurisdiction of the Courts of Tasmania for determining any dispute concerning these Terms.
CONTACT US
You can contact us about these Terms using the following details:
Address: 10 Paraka Street, Parklands, Tasmania, 7320
Email: support@mybabymassage.net
