Terms and Conditions

Centre of Perinatal Excellence

Mama Tribe Website Terms of Use

 

Website Terms of Use

 

1. This website available at https://www.mamatribe.com.au/ (the Website) is owned and operated by the Centre of Perinatal Excellence (ABN 83 165 215 449) (COPE, we, our or us). These Website Terms of Use (Terms of Use) govern your use of our Website and form a binding contractual agreement between you (the User or you) and COPE. Please review these terms carefully, especially the disclaimer and limitation of liability sections.  By accessing, using, browsing, or registering on the Website, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use. You must not use this Website if you do not agree with these Terms of Use.

 

Use of this Website

 

2. This Website provides information regarding COPE’s services and products. It is intended for use by individuals and organisations seeking information about, and use of, our offerings. Any use of this Website for purposes other than those intended by COPE is strictly prohibited.

 

3. You are responsible for all of your activity in connection with accessing and using the Website.

 

4. You must use the Website in a manner that complies with all applicable local, state, national, and international laws and regulations.

 

5. You agree to provide true, accurate, current, and complete information about yourself as prompted by the Website’s registration form (where applicable) and maintain and promptly update the registration data to keep it true, accurate, current, and complete.

 

6. You must not:

a. impersonate others;

b. misrepresent your affiliation with others;

c. post reviews or commentary to promulgate deceptive or offensive or extreme opinions or any other illegal, malicious or deceptive activities;

d. use any automated device, software or process to access, retrieve, scrape or index our platform or any content on our platform;

e. bypass any security mechanisms imposed by this Website, or tamper with, hinder the operation of or make unauthorised access or modifications to this Website;

f. interrupt or attempt to negatively impact, interfere or alter the operation or security of the Website in any way;

g. use the Website in a way that violates applicable laws, standards, content requirements or codes promulgated by any relevant authority, that violates the intellectual property rights or other rights of us or others, or that is fraudulent, obscene, unprofessional, offensive, misleading or defamatory;

h. licence, sell, rent, lease, transfer, assign or otherwise commercially exploit, or otherwise make the Website available to any third party;

i. reverse engineer, decompile or disassemble the Website or use the Website to develop a solution that is the same or substantially similar to the Website;

j. undertake any action that will impose a burden or make excessive traffic demands on our infrastructure that we deem, in our sole discretion, to be unreasonable or disproportionate site usage;

k. attempt to gain unauthorised access to any part of the Website, other accounts, computer systems, or networks connected to the Website,

l. distribute through this Website any inappropriate communication or use the Website to distribute harmful or malicious software, including viruses, worms, or Trojan horses, or introduce any viruses, worms, trojans, or other malicious software or harmful data into the Website; and

m. licence, sell, rent, lease, transfer, assign or otherwise commercially exploit, or otherwise make the Website available to any third party; or modify, reproduce, display, republish, distribute, copy, transmit, perform, licence, create derivative works from, transfer, or sell or resell any information, content, software, or materials made available through the Website, except as expressly authorised by us.

 

7. We reserve the right, at our sole discretion, to monitor, review, and record your use of the Website to ensure compliance with these Terms of Use. We may suspend or terminate your access to the Website at any time, without notice, for any reason, including but not limited to any actual or suspected breach of these Terms of Use.

 

8. If you become aware of any breach of these Terms of Use or any suspicious activity on the Website, you are encouraged to report it to us immediately. While we may, at our discretion, investigate and take action in response to such reports, we are under no obligation to do so

 

Disclaimers relating to the Website

 

9. The Website is provided on an ‘as is’ and ‘as available’ basis. No representations or warranties of any kind are made, express or implied, as to the operation of the Website or the information, content, materials, or products included on the Website.

 

10. The Website is not intended for use in emergency situations. If you are suffering an acute illness or emergency condition, call triple zero (000) and ask for an ambulance.

 

11. The information on the Website has been provided by us for your personal, non-commercial use and for general information purposes, to assist you to browse or search for health and health services information. The information on the Website does not constitute an offer to enter into a legally binding contract nor form part of terms and conditions for any products or services provided by us.

 

12. You should not disregard professional advice or delay seeking professional advice due to any information contained in or obtained through the Website. If you have a particular health concern, please consult your healthcare professional. We accept no responsibility for any decisions made or actions taken based on such information. Users of this Website must rely on their own independent enquiries and seek their own advice.

 

13. You expressly agree that your use of this Website is at your own risk.

 

14. While we use reasonable efforts to ensure that the information on this Website is complete and up to date, to the extent permitted by law we do not warrant or make any representation regarding your access to, or the results of your access to, the Website (including any related or linked websites) or any content, products or information on the Website in terms of correctness, accuracy, timeliness, completeness, reliability, currency or otherwise. Information may change without notice. Before relying on any information on this Website, you should first verify the accuracy of the information and its relevance.

 

15. Whilst we provide general health information, the circumstances of each individual will differ. You should seek medical advice from a healthcare professional in relation to your own circumstances.

 

16. We do not warrant that the functions or features contained in the Website or your access to the Website will be uninterrupted or error-free; that any defects will be corrected; or that this Website, or the server which stores and transmits information to you are free of viruses or other harmful components. We reserve the right to change or discontinue any function or feature on this Website, the availability of this Website and the software required to access it.

 

17. Certain laws may not allow the exclusion of some conditions and warranties and in that case some of the above exclusions may not apply to you if and to the extent they are not permitted by law.

 

18. To the extent permitted by law, we exclude all other warranties, guarantees, terms and conditions (whether express, implied or statutory) relating in any way to this Website, its content or its use.

 

Limitation and Exclusion of Liability

 

19. To the extent permitted by law, we exclude all liability for any loss or damage, including any consequential loss or indirect loss, loss of data, loss of profit, loss of reputation or loss of business arising in relation to the use or reliance on any part of this Website or any information on this Website (including any third party materials, the inability to use any part of this Website or the features on this Website), whether or not it is caused by our negligence, and whether or not the possibility of loss was known to us.

 

20. You agree to indemnify and hold harmless COPE, its officers, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, and expenses (including legal costs on a full indemnity basis) arising out of or in any way connected with your access to or use of the Website, your violation of these Terms of Use (including failure to obtain consents in clause 22, and breach of warranty in clause 24), your infringement of any intellectual property or other rights of any person or entity, or any third-party claims resulting from your content or conduct.

 

21. We do not exclude or restrict our liability for any matter which it would be unlawful for us to exclude or attempt to exclude our liability.

 

Consent and Authorisation for Third-Party Information Use

 

22. Where you are using the Website on behalf of someone else such as a patient, healthcare provider, child, spouse or other person (a third party user or TPU), by accessing and utilising the Website on behalf of that person you affirm and warrant that you have obtained all necessary consents and authorisations from such TPU to: (i) access and use the Website; (ii) enter and submit the TPU’s personal information to the Website; and (iii) share that personal information with practices or health professionals as required for the purpose of utilising the services provided by the Website.

 

23. You further affirm that you possess the necessary legal authority to grant this consent and authorisation on behalf of the TPU, thereby binding the TPU to these Terms of Use. In instances where the TPU is a minor or is otherwise incapable of entering into a contract, you affirm your authority to agree to compliance with these Terms of Use on their behalf.

 

24. You understand and agree that it is your responsibility to ensure the accuracy, completeness, and legality of the TPU’s personal information provided to the Website.

 

25. By providing the TPU’s personal information to the Website, you grant COPE a perpetual, worldwide, non-exclusive, transferable license to use, reproduce, modify, distribute, display, and process that personal information as necessary for the provision of the Website and as described in these Terms of Use and our Privacy Policy. COPE commits to securely handle and store the TPU’s personal information in compliance with applicable data protection laws and best practices.
26. You acknowledge that the use of the Website on behalf of a TPU is subject to these Terms of Use, and you agree to comply with all applicable laws and regulations regarding the protection and use of personal information.

 

Third Party Materials and Arrangements

 

27. This Website may contain information and materials from third parties, including public comments, opinions, recommendations, advice, advertisements, feeds, information, social media content, products, platforms and links to other websites (Third Party Material). We do not have control over, and are not responsible for, any Third Party Material (including its currency, accuracy or reliability).  Unless expressly stated otherwise, we do not sponsor or endorse any Third Party Materials.

 

28. Our Website may contain links to websites, platforms or medical practices maintained or operated by third parties (Third Party Arrangements), including:

a. HubSpot (whose terms of use are available at https://legal.hubspot.com/legal-stuff);

b. Raisely (whose terms of use are available at https://www.raisely.com/terms);

c. Stripe (whose terms of use are available at https://stripe.com/au/legal/consumer)

d. Woo Commerce (whose terms of use are available at https://wordpress.com/tos/);

e. Sensei (whose terms of use are available at https://senseilms.com/terms/); and

f. other third parties, as updated by us from time to time.

We have no affiliation with those Third Party Arrangements, do not endorse any material on those Third Party Arrangements, are not responsible for the privacy practices of those Third Party Arrangements, and do not provide any warranty, or assume any responsibility, regarding the quality, accuracy, source, fitness for purpose or any other aspect of the material on those Third Party Arrangements. On using such Third Party Arrangements, a User will be subject to the third party’s terms and conditions.

 

29. Without limiting any other provision in these Terms of Use and to the extent permitted by law, we exclude all liability for any loss or damage, including any consequential loss or indirect loss, loss of data, loss of profit, loss of reputation or loss of business arising in relation to the use or reliance on any part of the Third Party Materials or Third Party Arrangements or any information on this Third Party Materials or Third Party Arrangements, whether or not it is caused by our negligence, and whether or not the possibility of loss was known to us.

 

Security

 

30. We take reasonable steps to protect the information that you transmit using this Website. However, we cannot guarantee the security of any information that you transmit to us using this Website.  Therefore, any information you transmit using this Website is transmitted at your own risk.

 

31. When using this Website, you must take precautions to ensure that you are not exposed to the risk of viruses, malicious code or other forms of interference which may damage your own computer system. We do not accept responsibility for any such interference or damage to your systems which arise in connection with your use of this Website.

 

32. In the event of a data breach affecting your personal information, we will notify you in accordance with our Privacy Policy.

 

33. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify us immediately of any unauthorised use of your account or any other breach of security.

 

Intellectual property

 

34. Unless otherwise indicated, we own or are licensed to use all intellectual property (including any copyright, trade mark and designs) subsisting in the materials on this Website. We authorise you on a non-exclusive basis to reproduce and download the materials solely for personal, non-commercial use only.  Otherwise, to the extent allowed by law, no part of this Website may be reproduced, reused, retransmitted, adapted, published, broadcast or distributed without our prior written permission.  You must not use any content from this Website for commercial purposes without our prior written consent.

 

35. All names, logos and trade marks on this Website are the property of their respective owners. Nothing on this Website should be interpreted as granting any rights to use or distribute any names, logos or trademarks, without the express written agreement of the relevant owners.

 

36. Any comments or materials sent to us through the Website including feedback data, questions, comments and suggestions (Feedback) will be deemed to be non-confidential. We have no obligation of any kind with respect to such Feedback and will be free to reproduce, use, disclose, exhibit, display, transform and distribute the Feedback to others. Further, we will be free to use any ideas, concepts, know-how or techniques contained in such Feedback for any purposes whatsoever, including developing, manufacturing and marketing products and services incorporating such Feedback.

 

37. By submitting any Feedback, comments, or materials to us through the Website, you agree to waive, to the fullest extent permitted by law, any moral rights you may have in such Feedback or materials. We may use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Feedback or materials for any purpose, without compensation to you.

 

38. You must not create a link to this Website from another website or document without our prior written consent.

 

39. All rights in and to the Website and its content not expressly granted to you under these Terms of Use are reserved by us.

 

Privacy and cookies

 

40. We may collect your personal information through this Website. By continuing to use this Website you consent to your personal information being collected, used and disclosed in accordance with these Terms of Use and our Privacy Policy.  You must not submit the personal information of another person to this Website, unless that person has read, understood and accepted these Terms of Use and our Privacy Policy.

 

41. Our Privacy Policy contains information about how we collect, hold, store and use your personal information and how you may access any personal information we hold about you. For more information, please refer to our Privacy Policy available at https://www.cope.org.au/about/governance/privacy-policy/.

 

42. We may utilise “cookies” on our website in accordance with our Privacy Policy (which can be accessed at https://www.cope.org.au/about/governance/privacy-policy/). If your browser does not support cookies, or you have disabled this functionality, you may be unable to use the Website or certain functionality of the Website.

 

Amendments and Updates

 

43. We may amend these Terms of Use from time to time. Where material changes are made, we will provide reasonable notice of such changes, either by posting a notice on the Website or by contacting you via email where possible.

 

44. Your continued use of the Website after any changes to these Terms of Use constitutes your acceptance of the revised terms.

 

General

 

45. Any references to currency on this Website are to Australian dollars.

 

46. If any provision of these Terms of Use is found to be void, unlawful or unenforceable for any reason, then that portion of the provision which creates the invalidity, unlawfulness or unenforceability will be severable from these Terms of Use and will not otherwise affect the validity and enforceability of any remaining provisions.

 

47. No waiver by us of our rights under these Terms of Use shall be deemed a waiver of any other term or provision and shall be limited to a single waiver limited to the specific circumstances under which such waiver was granted.

 

48. To the extent permitted by law, we may change these Terms of Use at any time. Please check these Terms at regular intervals for any changes.

 

49. In the case of any breach of these Terms of Use, we reserve the right to seek all remedies available at law or in equity.

 

50. These Terms of Use are governed by the laws of New South Wales, Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of New South Wales and the Commonwealth of Australia for the resolution of any disputes arising out of or in connection with these Terms of Use.