Website Terms and Conditions

Introduction

Hello and welcome. Thanks for visiting talkingbirth. This website www.talkingbirth.com.au and/or The App is owned and operated by talkingbirth Pty Ltd: ACN: 653 035 511

If you have any questions or need further information, please contact:

Karen McNeil – 0418 765 619

Director and Co-founder

Marie Gentile-Andrit – 0406 491 538

Director and Co -founder

This document sets out the Terms and Conditions you need to be aware of when using this website. Please take a moment to read them, as they set out your important rights and obligations and I care about making sure we both know where we stand. When you visit this website, access the App, use our services or purchase my products you agree that you are over the age of 18 and agreeing to be automatically bound by these terms and conditions, including the privacy policy.

If you don’t accept this agreement, you should not continue to visit this website, access the App, use our services or purchase our products.

All products and services advertised on this website are offered in compliance with Australian Consumer Law.

General Disclaimer

On this website you will find blog posts, articles, testimonials, hints and tips and information about health and wellbeing. This information is provided solely for your education and to inform you about our services.

Registration

You may be required to register an account through The talkinbirth App before you can fully utilise talkingbirth. As part of the registration process, or as part of your continued use of Linkmate, you may be required to provide personal information about yourself (such as identification or contact details), including your:

1.              name 

2.              email address

3.              social media account

4.              date of birth

5.              preferred username

6.              preferred password

7.              height, weight, BMI

8.              Model of care

9.              Primary carer

You warrant that any information you provide in the course of completing the registration process will always be accurate, correct and up to date.

To create an account, you must:

1.              be at least 18 years old;

2.              possess the legal right and ability to enter into a legally binding agreement with us; and

3.              agree and warrant to use talkingbirth in accordance with these Terms.

We reserve the right to reject a registration or remove a profile from talkingbirth at any time at our discretion.

Our Rights and Responsibilities

1.         We take care to provide information that we believe is valuable, but we cannot be responsible for the use that you make of that information.

2.         Please be aware that the generalised information we provide and is not a substitute for specialist advice tailored to your individual circumstances. It is particularly important to acknowledge that generalised pregnancy, birth and parenting information is never a substitute for specialist advice tailored to your personal situation from an Accredited Obstetrician or Registered Midwife.

3.         To the maximum extent permitted by law, you agree that you do not rely on our skill or judgement in relation to the suitability of any services for a particular purpose. 

4.              Any recommendation, information or assistance provided by us is provided without any liability whatsoever.

5.              The content of, or any opinion expressed in any post does not represent the views of talkingbirth in respect of the content of that post. The fact that a post has not been removed by talkingbirth is not an endorsement of its content.

6.              By using talkingbirth, all users agree and acknowledge that talkingbirth accepts no responsibility for the accuracy of any post or other information posted by a user to talkingbirth and all users release and forever hold harmless talkingbirth from any liability in respect of the inaccuracy of any post, or the information contained therein, howsoever arising or howsoever caused.

7.              Views expressed by anyone you connect with through talkingbirth are not necessarily endorsed by talkingbirth..

8.              To the maximum extent permitted by law, talkingbirth excludes all liability for any loss or damage of any kind (including special, indirect or consequential loss) arising out of or in connection with talkingbirth except to the extent that the loss or damage is directly caused by talkingbirth’s fraud or wilful misconduct.

 

 

Website Terms & Conditions

There is no professional relationship formed between us unless you explicitly choose to work with us by purchasing or accessing our services or products.

Any testimonials and promised results we may display on this website are based on our experience and those of our previous clients. They are not guarantees that anyone else will achieve the same results.

We may modify this information provided on this website at any time, including altering or deleting it without notice.

Obligations of Users

1.         The information and any services we provide on and through this website is for general information purposes and is not a substitute for any professional or medical attention, treatment, examination, advice or diagnosis. It is not intended to provide a clinical diagnosis nor take the place of medical advice from a fully qualified medical practitioner. You are responsible for consulting a qualified doctor or registered midwife before using any of the information or materials contained on or accessed through our website, before commencing any new regimes, trying any treatment or taking any course of action that may directly or indirectly affect your health or well being.

2.         You must use talkingbirth only for purposes that are permitted by the Terms and any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.

3.              You will not interfere with (or attempt to interfere with) or disrupt (or attempt to disrupt) our site or the servers or networks that host Linkmate;

4.              You will not use, copy or distribute (or attempt to use, copy or distribute) content without our express permission;

5.              You will not interfere (or attempt to interfere) with any security-related or other features of talkingbirth

6.              You have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of your registration;

7.              Any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify us of any unauthorised use of your password or email address or any breach of security of which you have become aware;

8.              You will not use talkingbirth in connection with any commercial endeavours except those that are specifically endorsed or approved by us;

9.              You will not use the services or talkingbirth for any illegal and/or unauthorised use;

10.          You agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from talkingbirth without notice and may result in termination of the services. You agree that appropriate legal action will be taken by us for any illegal or unauthorised use of talkingbirth; and

11.          You acknowledge and agree that any automated use of talkingbirth or its services is prohibited.

 

Downloads

talkingbirth is not responsible for any viruses or damage that may occur as a result of files offered as downloads from the site. We do all we can to ensure they are safe when they are uploaded, but you are responsible for maintaining active and up to date internet security and anything you choose to download is at your own risk.

External Links & Third Party Advertisements

talkingbirth may from time to time provide links to other websites, advertisements and information on those websites for your interest and convenience. This does not necessarily imply that there is any sponsorship relationship, endorsement, approval or arrangement between talkingbirth.com.au and the owners of those websites. Talkingbirth.com.au has no control over and is not responsible for any of the content found on the linked websites. I do not warrant the suitability of any advertised product for your circumstances, and I have no part in or responsibility for any transaction that you might enter into with an external advertiser.

 

Specific Disclaimer

This information is in no way a substitute for professional medical or midwifery advice about your individual situation.

To the maximum extent permitted by law, including the ACL, we make no warranties or representations about talkingbirth or the Content, including but not limited to warranties or representations that they will be complete, accurate or up-to-date, that access will be uninterrupted or error-free or free from viruses, or that talkingbirth will be secure.

We reserve the right to restrict, suspend or terminate without notice your access to talkingbirth, any Content, or any feature of talkingbirth at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result. 

To the maximum extent permitted by law, we make no representations or warranties about talkingbirth or the content, including (without limitation) that:

1.              it is complete, accurate, reliable, up-to-date and suitable for any particular purpose; 

2.              access will be uninterrupted, error-free or free from viruses; 

We reserve the right to restrict, suspend or terminate without notice your access to talkingbirth, any Content, or any feature of talkingbirth at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result.

Intellectual Property

The content of this website is protected by copyright. No portion of this website may be copied or replicated in any form without written consent. Please contact us at hello@talkingbirth.com to obtain consent. Commercial use of any sort is expressly prohibited. You may share on social media so long as you link back to talkinbirth.com.au

You agree not to change or delete any copyright materials downloaded from this website or any site accessible through this website or The talkingbirth App.

Unless I have agreed otherwise in writing, I do not grant you any other express or implied right or license to use my website content or my intellectual property.

Payment Terms

Payments accepted include credit card, paypal or direct fund transfer.

Payment plans are available by contacting hello@talkingbirth.com

Credit card payments are taken via Stripe. You can find out more about their security policy here: https://stripe.com/docs/security/stripe. I do not keep or collect any credit card details.

Refund Policy

Visitor Information

Respectful engagement and communication

Any forms of communication on talkingbirth by visitors interacting, commenting or engaging with the site must at all times be respectful. talkingbirth reserves the right to delete any inappropriate or unacceptable comment at my discretion.

Third party content

Any content on talkingbirth.com.au that has been posted by a third party will be identified as such and represents the opinion of the author. talkingbirth takes no responsibility for the accuracy of such posts.

Jurisdiction & Dispute Resolution Jurisdiction

Talkingbirth is located in Melbourne, Victoria, Australia. This agreement is subject to the governing law of Victoria.

 Your use of talkingbirthand these Terms are governed by the law of Victoria and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in Victoria

 

Negotiation

If you have any issue or complaint arising out of your use of this website or these terms and conditions, Talkingbirth agrees to make a genuine effort to resolve the dispute through negotiation and discussion.

Mediation

If we are unable to resolve a dispute by negotiation and discussion within 14 days, we agree to proceed to mediation with the assistance of an independent, accredited mediator. The mediator is to be appointed by agreement between us, or if we can’t agree within 21 days of the first notification of the dispute, by a person appointed by the Chair of Resolution Institute, (ACN 008 651 232, Level 2, 13-15 Bridge Street, Sydney NSW 2000;telephone: 02 9251 3366, email: infoaus@resolution.institute) or the Chair’s designated representative. The Resolution Institute Mediation Rules shall apply to the mediation. We agree to share the costs of mediation equally between us.

Litigation

Neither of us will commence litigation other than for interlocutory relief before we have first offered to submit the dispute to mediation. Litigation is to be considered a last resort and may not be commenced until, in the opinion of the independent mediator, the potential for negotiation and mediation have been exhausted.