TERMS AND CONDITIONS
Many thanks for visiting our Website. This Website is owned and operated by Mama Lee (ABN 37371478870 ). Please read the following to ensure you understand the access/ use of this website. By accessing and/or using this Website you agree to these terms and conditions.
- The Services that we provide are set out on our website mamaleemidwife.com.au and linked with our site mamaleemidwife.com.au
- The consumer (referred to as “You or User”) agree and accept that our Services are provided to you on the terms and conditions set out in this agreement.
- We agree to provide the Services to you on the terms and for the amount set out on our website at the time of purchase. Prices for our products are subject to change without notice.
- We reserve the right at any time to modify, add or adapt (any part or content thereof) without notice at any time, or discontinue the Service at the completion of the membership time period.
- We may change these Terms & Conditions from time to time. The new Terms & Conditions will appear on our website.
- Nothing in these Terms & Conditions removes your statutory rights as a consumer.
- The Services are for private use only.
REFUNDS & CANCELLATION
- The payment made for online Services (classes) as set out on our website are non-refundable. However, if you experience ongoing technical difficulties within 7 days of purchase, which we have been unable to resolve, that inhibited you from accessing the Service, then a refund will be issued.
- Cancellation of any appointments must be received in writing (email) at least 7 days in advance for full refund.
- Cancellation less than 7 days in advance of any appointments will be charged at 50% of the booking value.
- Cancellation for tours must be in writing (email) at least 30 days in advance. The deposit is non-refundable at any time. If the cancelation is less than 30 days in advance, then the charge will be 75% of the booking value, with any amount paid above 75% refunded to the consumer.
- If any Service (classes, appointments, tours) supplied by Mama Lee
are cancelled, a full refund of the paid amount will apply.
- To create an account, you must: be at least 18 years of age; possess the legal right and ability to enter into a legally binding agreement with us; and agree and warrant to use the Website in accordance with these Terms.
- When you register and activate your account, we will provide you with a
user nameand password. You are responsible for keeping this user nameand password secure and are responsible for all use and activity carried out under this email address.
- Online Services and content are not
and are to be used by class members only. transferrable,
- You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties.
- You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right.
- You agree that your comments will not contain
libellousor otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website.
- You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
- If you register for our newsletter, it will be sent to the email address you provided on registration. It is your responsibility to update your personal details if they change, including your email address.
- Newsletters are not monthly, and will only be used on occasion regarding events, and pertinent information.
- If you no longer wish to receive the newsletter, you can unsubscribe at any time by clicking the ‘unsubscribe’ link in the newsletter.
- Our Website may contain links to websites operated by third parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we do not endorse and are not responsible for the content on those linked websites and have no control over or rights in those linked websites.
- We do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
- We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites.
INTELLECTUAL PROPERTY RIGHTS
- Unless otherwise indicated, we own, license or have the right to use from third parties all the content and material (including all text, graphics, photos, moving images, illustrations, artwork, logos, audio and software) made available on this Website (Content) and all intellectual property rights in the Content and the Website.
- You must not infringe our intellectual property rights in the Content and/or the Website and will not modify, copy, republish, frame, distribute or communicate any part of the Content and/or the Website or any information contained on or in the Website without our written consent or otherwise use the Website in a way which will infringe our intellectual property or other rights.
- We grant you permission to download, view and print digital and/or physical copies of the PDF Content only for your personal and non-commercial use and on condition that all Content is intact and in the same form as presented on the Website (including all copyright,
trade mark andother proprietary notices).
- We have developed these Services for you with the best of
intent, for educational purposes, and will protect our investment in creating them.
RESTRICTIONS OF WEBSITE USE
In accessing or using the Website you agree that you will not:
- use any automated device, software, process or means to access, retrieve, scrape, or index the Website or any content on the Website without our express
- use any device, software, process or means to interfere or attempt to interfere with the proper working of the Website;
- undertake any action that will impose a burden or make excessive traffic demands on our infrastructure that we consider unreasonable or disproportionate site usage;
- reproduce, republish, retransmit, modify, adapt, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Website or any content on the Website, except as expressly
- transmit or attempt to transmit any computer viruses, worms, defects, trojan horses or other items of a destructive nature;
- use the Website or any content from the Website in any manner which is in our opinion not reasonable and/or not for the purpose it is made available.
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. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
We reserve the right to exercise whatever means we consider necessary to prevent
LIMITATION OF LIABILITY
- We are not liable for any claim, dispute, action, damage or loss, including but not limited to property damage, personal injury, death, loss, damage, claim or expense howsoever caused resulting from Services supplied by us.
- We are not responsible for, and are not, and will not be held, liable
for:any loss or damage that you may incur as a result of an appointment/ live event/ tour being cancelled.
- Except as required by law, we do not give any guarantee or warranty.
- In relation to any loss, cost, or damage including, but not limited to, personal injury, death or expenses, you agree not to make any claim, seek any compensation or recovery any loss, damage, claim or expense from us.
- You indemnify us against any claims, proceedings, losses, liabilities, costs or other expenses (including legal costs) and
third partyclaims incurred by us in connection with or arising from, whether directly or indirectly, as a result of your breach of these Terms, your use or access of the Website or any violation by you of any applicable law.
- In no event shall we, our related entities, directors, officers and agents be liable for any direct and indirect loss, damage or expense – irrespective of the manner in which it occurs (including our negligence) – which may be suffered due to your use of our Website and/or the information or materials contained on it, or as a result of the inaccessibility of this Website and/or the fact that certain information or materials contained on it (including Third Party Content) are incorrect, incomplete or not up-to-date.
- The material on this website is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or
other qualified health providerwith any questions you may have regarding a medical condition, before starting any treatment or before engaging in an exercise program. Never disregard professional medical advice or delay in seeking it because of something you have read or accessed through our website.
- Mama Lee does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on
the ourwebsite. Reliance on any information provided by Mama Lee and others appearing on the website at the invitation of Mama Lee, or other visitors to the website is solely at your own risk.
CONFIDENTIALITY OBLIGATIONS/ Use of information
- We agree not to disclose Confidential Information to any third party at any time; to use all reasonable endeavours to protect Confidential Information from any unauthorised disclosure; only to use the Confidential Information for the purpose for which it was disclosed by the discloser and not for any other purpose (we collect, use, and hold personal information about you in order to respond to your
- The obligations under this clause will survive termination of this Agreement.
ACCEPTANCE & TERMINATION
- If you accept our offer to provide Services to you, you have entered into an Agreement. This means you are bound by the Terms & Conditions set out in this document, and any terms on the Website referred to in this Agreement.
- The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
- You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
- For online Services, the time period of the membership is 6 months from the payment date. Services will terminate at this time.
- Neither party will be in breach of its
obligations,or incur any liability, to the other party if the failure to perform its obligations isa result of a force majeure event including, but not limited to, major illness, accidents, acts of God, terrorism, war, labourdisputes or strikes.
- The party affected by the force majeure event shall, as soon as reasonably practicable, provide notice of the force majeure event to the other party.
- The parties will resume the normal performance of the Agreement as soon as reasonably practicable.
- The party affected by the force majeure event is entitled to a reasonable extension of time to perform its obligations.
Throughout the site, the terms we, us and our refers to Mama Lee. Confidential Information means any identifiable information in any way relating to you, in any media or form that is acquired by or made available to us in the course of the relationship between you and us. Users are