Terms of use.
About
Welcome to www.perinatalstoriesaustralia.com (website).
This website is an online community for those experiencing, treating, or curious about, maternal mental ill health. We provide visitors to this site with information, blog and social media content, podcast material (including, but not limited to, audio, guest photos, and narrativised transcripts), the ability to join our mailing list, and the ability to purchase products and/or services (services).
This website is owned and operated by Perinatal Stories Australia (ABN 13 179 332 587) (referred to in these terms as “Perinatal Stories Australia”, “PSA”, “Rebecca McMartin”, “we”, “us”, and “our”). Access to and use of the website, or any of its associated products or services, is provided by Perinatal Stories Australia.
These are the terms of use governing the use of this service and the agreement that operates between you and us. These terms set out the rights and obligations of all users regarding the use of the service.
Please take the time to carefully read the terms of use (terms) that are applicable to the use and enjoyment of this site and the content made available to you via this site and any of our other forms of communication (including, but not limited to, our social media channels, our email marketing, and the podcast).
Entire agreement
These terms (together with our privacy policy and disclaimer) contained on this site, apply to all site visitors, subscribers, listeners, customers, and all other users of the site (“user”, “you” and “your”), and altogether form the entire understanding and agreement between us and you, in relation to your use of this site and supersede all previous communications, negotiations, and agreements, whether oral, written, or electronic, in respect to this site and your use of this site.
Acceptance
Your access to and use of the service is conditioned on your acceptance of and compliance with these terms. These terms apply to all visitors, users and others who access or use the Service.
Accessing, using, browsing, remaining, and/or reading this website, our social media channels, podcast, and any other materials made available to you or provided to you on this site (whether made available for purchase or not), signifies that you accept our terms and agree to be bound by these terms.
By using the website, accessing or purchasing any products or services, you warrant that:
you are over 18 years of age and have the legal capacity to enter into a legally binding contract.
you have read and accepted these terms.
you will comply with these terms.
You acknowledge and agree that you will be bound by any affirmation, acceptance or agreement that is transmitted through this site including, but not limited to, any consent you provide to receive communications from us solely by means of electronic transmission.
You may also accept the terms where you click to “accept” or “agree” or “buy” or “subscribe” or “join” or “submit” or “sign up” where such an option, or similar, is made available to you by Perinatal Stories Australia. You further acknowledge and agree that when you click on or tick “I agree”, “I consent”, or other similarly worded click or tick options by electronic means using an electronic device, your agreement and/or consent will be legally binding and enforceable and will be deemed to be as effective as if you had written your signature by hand.
If at any time you do not agree with any part of these terms, then you may not access the service and must cease usage of the website, or any services, immediately.
Use of this website is unauthorised in any jurisdiction that does not give effect to all provisions of these terms of use, including without limitation, this paragraph. If you are resident in a jurisdiction where the use of this website is unauthorised, it is your responsibility to stop using this website.
If you’re uncertain about the terms or anything else on our site, please don’t hesitate to contact us before using or continuing to use the site.
Changes to terms of service
You can review the most current version of the terms of service at any time on this page.
We reserve the right to review and change or modify any of the terms at any time by updating this page at our sole discretion, consistent with applicable laws and principles, without notice to you. When Perinatal Stories Australia updates the terms, we will use reasonable endeavours to provide you with notice of updates to the terms.
Any changes to the terms take immediate effect from the date the revised terms are published on this site. It is your responsibility to review these terms prior to use and periodically throughout your use of our site and services.
Your continued use of, or access to, this website or the service constitutes acceptance of any modifications or amendment of these terms.
Severance
If any part or provision of these terms is held by a court of competent jurisdiction to be contrary to law, void, or unenforceable, such provision shall be severed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these terms shall remain in full force and effect.
Discontinuance or exclusion
We have the right to discontinue this site. If we decide to do this, it can be at any time and may be without notice to you. We may also exclude any person from using our site, at any time and at our sole discretion. We will not be responsible for any liability you may suffer arising from, or in connection with, any such discontinuance or exclusion.
Modifications to the service
We reserve the right at any time to modify or discontinue a program, course, product and/or service without notice at any time. We shall not be liable to you, or to a third-party for any modification, price change, suspension or discontinuance of the program, course, product and/or service.
All prices are in Australian Dollars (AUD) and are inclusive of any applicable Australian Goods and Services Tax (GST). The prices indicated on the site may change at any time without advance notice to you.
Copyright, trademarks, and intellectual property
The site, the original content, services, all related products of Perinatal Stories Australia (material), features and functionality are, and will remain, the exclusive property of Perinatal Stories Australia and its licensors, and are subject to copyright. Perinatal Stories Australia (ABN 13 179 332 587) owns the intellectual property rights in the contents of this website, or has permission to use or display the material on this website.
The service and material on the website is protected by copyright, trademark, and other laws under the laws of Australia and through international treaties.
Unless otherwise indicated, all rights (including copyright) in the content and compilation of the website (including, but not limited to, text, graphics, logos, button icons, video images, audio clips, website code, scripts, design elements, and interactive features) or the content are owned or controlled for these purposes, and are reserved by Perinatal Stories Australia or its contributors.
The material contains intellectual property owned by us and/or by third-parties that license the content to us (third-party licensed intellectual property), including, but not limited to, trademarks, copyrights, proprietary information, designs, patents and other intellectual property rights, as well as the business name, logo, all designs, text, videos, audio files, graphics, other files, and software (content).
Your use of the site, the products and/or services, and access to any content does not grant or transfer any rights, title or interest to you in relation to this site, the products and/or services, or the content.
The service and its original content (excluding content provided by you or other users), features and functionality are and will remain the exclusive property of us and our licensors.
All trademarks, service marks and trade names are owned, registered and/or licensed by Perinatal Stories Australia. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.
Perinatal Stories Australia retains all rights, title, and interest in and to the website and all related content. Nothing you do on or in relation to the website will transfer any:
business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process),
to you.
You may not, without the prior written permission of Perinatal Stories Australia and the permission of any other relevant rights owners: broadcast, republish, upload to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the content or third party content for any purpose, unless otherwise provided by these terms.
You may not use, copy, display, distribute, modify, translate, reformat, incorporate into advertisements and other works, promote, create derivative works, or in any way exploit or allow others to exploit any of our website content in whole or in part except as expressly authorised by us. Please contact rebecca@perinatalstoriesaustralia.com if you require permission to reproduce any of the contents of this website.
Images and item descriptions posted on this website by third parties are the responsibility of those third parties and may be subject to copyright. You must seek permission from the third party before using any of their content.
Use
You may access, download, or print material from the website for your personal use only. Sharing without prior permission is expressly prohibited.
You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever the site, our products and/or services, or the content, our intellectual property, and third-party licensed intellectual property in whole or in part without our prior written consent.
We reserve the right to immediately remove your access to our site, products and services, content, without refund and pursue legal action if you are found to be violating these terms.
Where you download or purchase our digital products (including, but not limited to, emails, video or audio content, books, guides) (digital products) you are granted a non-exclusive, non-transferable, limited licence to access and use the digital products for your own personal use. You may not assign or transfer the digital products to any other person without our express written consent. We reserve the right, in our sole discretion, to accept or refuse to provide the products and/or services to you at any time for any reason.
You are not permitted to use our copyright material for commercial profit of any sort. This means you cannot resell our services or copyright material without our express written permission. You agree not to change or delete any copyright or proprietary notice from materials downloaded from this website or any site accessible through this website.
Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, sell, create derivative works of, enhance or in any way exploit any of the digital products in any manner whatsoever except as authorised by us.
Except as otherwise expressly granted to you in writing, we do not grant you any other express or implied right or license to the our website content or our intellectual property.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of this agreement or use of this website.
Prohibited use
As a condition of your use of this site, you warrant that you will not use this website for any purpose that is unlawful or prohibited by these terms. You may not use this website in any manner which could damage, disable, overburden, or impair this website or interfere with any other party’s use and enjoyment of this website.
In addition to any other prohibitions, you must not, under any circumstances use the site or its content:
for any unlawful purpose.
to solicit others to perform or participate in any unlawful acts.
to violate any international, federal, or state regulations, rules, laws, or local ordinances.
to attempt to change, remove, deface, hack or otherwise interfere with this Site or any material or content displaced on the site.
to hack into any aspect of the service that are not intentionally made available to you; corrupt data; cause annoyance to other users.
to infringe upon the rights of any other person’s proprietary rights.
to send any unsolicited advertising or promotional material, commonly referred to as “spam”.
to attempt to affect the performance or functionality of any computer facilities of or accessed through this site.
You expressly agree not to:
use the website as a lead generation tool for the benefit of your own business, or to manufacture “lists” in order to help your own business, without our prior approval;
engage in any internal or external spamming, or other similar actions;
engage in any unlawful or immoral acts, or acts which are in violation of these terms;
decompile, reverse engineer, or try to copy or imitate the site or underlying content.
Third parties
Our site, service, podcast, and social media channels may contain links to other sites or services that are operated by third parties, and not owned or controlled by Perinatal Stories Australia.
Perinatal Stories Australia has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party sites or services. We are not responsible for any form of transmission received from any linked site.
Links are provided to you only as a convenience, and the inclusion of any link, or reference to any programs, courses, organisations, products, or services on our site, including any processes or other information, does not constitute or imply our endorsement, sponsorship or recommendation, of the sites, programs, courses, products, or services, or any association with its operators. Unless we expressly tell you otherwise, we do not in any way, endorse, control or approve of, and nor are we responsible for, the content on those websites.
We strongly advise you to read the terms of use and the privacy policies of any third-party sites or services that you visit. It’s up to you to decide if those websites and their content work for you, and we recommend that you conduct due diligence to find that out. You must exercise your own judgment based upon your own personal circumstances before purchasing third party products or services.
You further acknowledge and agree that Perinatal Stories Australia shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
Privacy
These terms also include our privacy policy which can be accessed on the website. Your access to and use of the service is also conditioned on your acceptance of and compliance with our privacy policy.
Perinatal Stories Australia takes your privacy seriously and any information provided through your use of the website and/or content are subject to Perinatal Stories Australia’s privacy policy. Our privacy policy describes our policies and procedures on the collection, use and disclosure of your personal information when you use the application or the site and tells you about your privacy rights and how the law protects You.
Please read our privacy policy carefully before using this site. By using this site, you consent to the processing described in the privacy policy and warrant that all data provided by you is accurate.
Disclaimer
These terms also include our disclaimer which can be accessed on our website. Use of the website and the content is at your own risk. Everything on this site and the content is provided to you “as is” and “as available” basis and to the fullest extent permitted by law we make no representations or warranties about our site and/or the programs, courses, products or services including that:
they are suitable, reliable, complete, secure, accurate or fit for any particular purpose;
access will be free of any harmful components (including viruses) or other code that is harmful or may assist in causing harm; or
there is no possibility of failure to store communications or other data.
We do not accept responsibility for determining whether our products/services are appropriate for you and your health. By participating in the activities discussed or offered through this site, you acknowledge that you have sought professional medical advice that you are fit and healthy to participate.
This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
the accuracy, suitability, or currency of any information on the website, the content, or any of its content related products (including third party material and advertisements on the website);
costs incurred as a result of you using the website, the content or any of the products of Perinatal Stories Australia; and
the content or operation in respect to links which are provided for your convenience.
By using this site, you agree with the statements described in the disclaimer and acknowledge that under no circumstances should the content made available on our site, our courses, programs, products and/or services, through social media, or podcast be relied upon as business, financial, health or legal advice.
Personal responsibility
By participating in any programs, courses, purchasing any products or services, or otherwise using our site, you acknowledge and agree that you will undertake your own due diligence and judgement before applying anything you have gained or learned from your use of this site, purchase of products and/or services or participation in any programs or courses, taking into account your own personal circumstances.
The use of any programs, courses, products and/or services, requires personal choices and/or actions that are unique to the individual and any reliance on the content made available on our site, through our programs, courses, products and/or services are at your own risk.
No guarantees
Our purpose is to advocate for, provide hope, and inform you of statistics, resources, support services, and lived experiences, in relation to maternal mental health. We cannot guarantee that using this site, listening to the podcast, or using our products and/or services will be of any support to you on your unique maternal mental health journey. Any reviews, statements, or examples advertised or available on our site or via any content we communicate with you (including any newsletter, social media or other advertising), are merely examples of what can be possible.
Testimonials
On our site, we present real life examples and insights of other people’s opinions and experiences of this site and podcast for illustration purposes only. These testimonials show visitors what can be possible but are not intended to represent or guarantee that any current or future users of our site will achieve the same or similar results.
Placing orders for goods
By placing an order for goods through the service, you warrant that you are legally capable of entering into binding contracts.
If you wish to place an order for goods available on the service, you may be asked to supply certain information relevant to your order including, without limitation, your name, your email, your phone number, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that:
you have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any order; and
the information you supply to us is true, correct and complete.
By submitting such information, you grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of your order.
We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to goods availability, errors in the description or prices for goods, errors in your order. We reserve the right to refuse or cancel your order if fraud or an unauthorised or illegal transaction is suspected.
Security
We make efforts to maintain the security of our website. However, we do not guarantee the security of the website, our records, or your content. We disclaim all liability for any computer virus or technological problems that we do not intentionally cause or that is beyond our control. You are encouraged to install and maintain up-to-date security software on your computer.
Continuous accessibility to the website is dependent upon third party services. As a result, the website may be inaccessible from time to time.
Assignment
We are permitted to assign, transfer and subcontract our rights and/or obligations under these terms without any notification or consent required. However, you are not permitted to assign, transfer or subcontract your rights and/or obligations under these terms.
Limitation of liability
Perinatal Stories Australia’s total liability arising out of, or in connection with, the content or these terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the content to you.
You expressly understand and agree that, to the fullest extent permitted by applicable laws, in no event is Perinatal Stories Australia, any of our subsidiaries, or any of their shareholders, directors, officers, employees or licensors responsible for any losses and expenses, any loss of goodwill or business reputation and any other intangible loss, however arising, including without limitation, any direct, indirect and/or present, unascertained, future or contingent, loss of use, loss of data, loss caused by a virus, loss of income or profit or projected profit, loss or damage to property, claims of third parties, or other losses of any kind or character arising from or in connection with your use of our site and/or our products or services, your inability to access our site, interruption or outage of our site or the fact that content on our site or in our services is inaccurate, incomplete or out of date.
Our liability for any breach of a condition or warranty under these terms shall be limited to the extent provided for by the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010).
Where warranties are implied by law, you acknowledge and agree that the total aggregate liability to us is limited at our discretion to the provision of those services again, or to a refund equal to the total amount paid by you for the particular services that are the subject of the cause of action, even if those services were provided to you without cost.
You acknowledge and agree that Perinatal Stories Australia holds no liability for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you as a result of providing your content to the website.
This limitation of liability applies to the fullest extent permitted by law, and shall survive any termination or expiration of this agreement or your use of this website or the services found on this website.
Indemnity
To the fullest extent permitted by applicable laws, you agree to indemnify and defend Perinatal Stories Australia, and our related entities, affiliates, and their respective officers, agents and employees, third party content providers and licensors from and against all actions, suits, claims, liabilities, demands, costs, expenses, loss and damage (including without limitation court costs, collection costs, and reasonable legal fees on a full indemnity basis)incurred, suffered, arising out of, or in relation to:
any content you post via this website;
any direct or indirect consequences of you accessing, using or transacting on the website or attempts to do so;
your unauthorised use of this website, or products or services included or advertised on this website;
any breach of your representations and warranties set out in these terms or your breach of any law or the rights of a third party;
any breach of these terms.
Governing law
These terms and any separate agreements whereby we provide you services shall be construed in accordance with, and governed in all respects by, the laws of New South Wales, Australia. The validity of this governing law clause is not contested. The terms shall be binding to the benefit of the parties hereto and their successors and assigns.
Any dispute, controversy, proceeding or claim of whatever nature arising out of, or in any way relating to, the terms and the rights created hereby shall be governed, interpreted, and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules.
In relation to any dispute, we ask that you contact us in the first instance so that both parties can, acting in good faith, resolve the dispute to our mutual satisfaction as quickly, cost effectively and efficiently as possible. A party to the terms claiming a dispute (dispute) has arisen under the terms, must give written notice (notice) to the other party detailing the nature of the dispute,
Where a dispute cannot be resolved, for any reason whatsoever, 14 days after the date of the notice, you agree to submit to the non-exclusive jurisdiction of the courts of the State of New South Wales, Australia.
Our performance of this agreement is subject to existing laws and legal process. Nothing contained in this agreement can be used to inhibit our right to comply with governmental, court and law enforcement requests or requirements relating to your use of this website, or with regard to information provided to or gathered by us with respect to your use.
Feedback and questions
If you have any questions, please contact rebecca@perinatalstoriesaustralia.com.au and we will usually respond to all enquiries within five business days.