TERMS AND CONDITIONS
The Baby Loss Project (ABN 54 265 784 179)
These Terms and Conditions (Terms) apply to our Website, Program and Services. By using the Website, Program or Services, or by purchasing the Program or Services for your Employee(s), you agree to be bound by these Terms as well as any and all general terms and conditions posted on the Website from time to time.
DEFINITIONS
Confidential Information means any written or oral information that is provided or disclosed by either party directly or indirectly through any means that is not already in the public domain, and may include personal information, business information, recordings of group sessions, and information provided by you or other participants as part of the Services or Program.
Employee means any employee of yours that you nominate to take part in any Services or Program.
Materials means ebooks, literature, newsletters, other written resources, audio and video recordings, email content, or other material which we may provide you with as part of the Services or Program or which enable us to provide the Services or the Program to you from time to time.
Member means a member of the Website, Program or our Services who has access to the Materials and products and services that may be on or offered through the Website from time to time.
Personal information has the same meaning as set out in the Privacy Act 1988 (Cth).
Program means the online program which includes modules, written resources, videos and other Materials from time to time as advised on or through our Website.
Services means our one on one consultations, and related services provided by us, and as agreed from time to time.
We, Our and Us means www.babylossproject.com, Ann-Maree Catherine Imrie, trading as The Baby Loss Project (ABN 54 265 784 179) including any directors, employees, contractors and affiliates.
Website means www.babylossproject.com.
You means the person using the Program or the Services, as well as any employer who is purchasing the Program and/or the Services for use by their Employee(s).
HOW IT WORKS
We provide the Program and the Services in accordance with these Terms.
We offer online training and consulting for employers, to help them to support Employees who experience baby loss such as miscarriage, stillbirth, or neonatal loss.
Our Program involves six modules and is available to any Member who prepays and signs up for our Member Services.
Our Services involve one on one consultations which may be booked in addition to our Program or may be booked separately.
Once you become a Member, you will be provided with immediate access to an online course, written resources, videos and other Materials to work through at your own pace.
You are bound by these Terms when you instruct us to proceed, by making a payment, or by confirming acceptance via email or other written means.
Except in the case that we permit you to share the Program, the Services or the Materials with an Employee, you are not permitted to on-sell, share or otherwise give access to the Program, the Services or the Materials to any other person. Your access to the Program, the Services and the Materials is for your own personal use, or the use by your Employee as authorised by us, and any other use or access is not permitted.
In order to receive the full benefit from the Program and/or the Services, we recommend that you commit to completing all modules and sessions.
PAYMENT
By providing us with your payment and credit card details, you authorise payment for your chosen Program and/or Services.
We require full payment in advance for the Program and all Services. All Programs and Services are non-transferrable. Our Program is purchased for a one-off payment.
Costs for our Program and our Services may vary from time to time but up to date costs will be published on our Website or communicated to you at the time that you purchase the Program or Services.
In the event that we do not receive payment, or if you do not perform your obligations under these Terms, we may refuse to continue to provide the Services or may terminate your access to the Program until such time as we receive your payment.
All payment information will be kept in a secure manner in accordance with Australian privacy requirements. Please refer to our Privacy Policy for details on how your information will be kept secure.
LICENCE TERMS (‘Licence’)
Upon acceptance of these Terms and payment by you of the applicable fees, we grant you a revocable, non-exclusive, non-transferable, limited licence to access your chosen Program or Services and any related Material.
Our Program, Services and Materials may only be used for your own individual, personal, non-commercial use.
In conjunction with your participation in the Program and/or the Services, you may view, browse and search our Materials for a period of 8 weeks. However, you agree not to:
(a) copy, modify, alter, disassemble; decompile, translate or convert into human readable form or reverse engineer all or any part of the Materials;
(b) share, sell, license or distribute any Materials to third parties or use any Materials as a component of or as a basis for any material offered for sale, license or distribution;
(c) store or use any Materials 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
(d) 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 Materials or any part or portion of the Materials in any form or by any means other than in accordance with these terms. Where we indicate, some of our readings and materials included in the course may be downloaded for your personal use only. At no time may the training videos be downloaded
Any unauthorised use of the Materials 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 Materials in an unauthorised manner, we may immediately terminate this Licence.
This Licence will terminate 8 weeks from the date that you purchase the Program or Services, unless otherwise extended by us in writing.
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.
WARRANTIES, CANCELLATION AND REFUNDS
We offer a 30 day refund from date of purchase.
Legislation may confer certain rights, warranties, guarantees and remedies relating to the provision of the Services which cannot be excluded, restricted or modified, including but not limited to the Australian Consumer Law (ACL). At no time are these statutory rights sought to be excluded.
We represent and warrant that:
(e) in providing the Program and the Services, we will comply with all applicable laws and industry standards;
(f) the Program and the Services will be provided to a high standard in accordance with best practice; and
(g) the scope of the Program and the Services will be limited to that agreed in writing from time to time. Similar or equivalent programs or services may be substituted from time to time if, in our sole opinion, it would benefit you or be required to meet the requirements of these Terms.
Any other refund will be provided in our sole discretion and we will at all times abide by the Australian Consumer Law with respect to all refunds. At no time do we seek to exclude or limit your statutory rights with respect to any refund.
AFFILIATE MARKETING AND ADVERTISING
Through the Website, the Services, the Program, and the Materials we may engage in affiliate marketing whereby we receive a commission on or a percentage of proceeds of sales of third party goods and services that occur through our Website, Services, Program, and Materials.
Through the Website, the Services, the Program, and the Materials, we may accept advertising and sponsorships from commercial businesses whereby third parties pay us to advertise on the Website, or via the Services, the Program, or the Materials, or we may receive other forms of advertising compensation.
THIRD PARTY LINKS
You hereby acknowledge that we may from time to time include links or references to other websites or apps, other content or other materials (hereinafter "Third Party Links"), none of which are controlled by us.
You hereby acknowledge that these Third Party Links are provided for your information only and that we do not make any representations, warranties or guarantees as to the accuracy, completeness, performance, reliability, timeliness, quality or suitability for a particular purpose of these Third Party Links. We do not endorse, approve or support these Third Party Links. You use the Third Party Links at your own risk.
THIRD PARTY TERMS
In the event that the Website, the Services, the Program, or the Materials involve any third party resources or platforms, you must agree to any terms and conditions relating to such third party resources or platforms as required.
DISCLAIMER
You acknowledge and agree that:
(a) Results of the Program and Services will vary from individual to individual as performance, progress and success of any particular part of the Program or Services are dependent on your own situation and participation, and other factors beyond our control.
(b) You are solely responsible for your own progress.
(c) You are not to participate in any of our Programs or Services while you are under the influence of drugs or alcohol.
(d) If at any time during your participation in the Program or the Services you feel that your progress is not as expected, it is your responsibility to advise us immediately of any concerns in order to give us an opportunity to make reasonable efforts to resolve the concerns, however at no time do we guarantee or warrant any increase or altered progress or performance.
(e) You need to make your own enquiries to determine if the information, products, Program, Services, Website and Materials offered are appropriate for your intended use and suitable for your needs prior to engaging in them.
(f) Our Program, Services, Website and Materials are not intended or to be construed as, or to replace professional medical, psychological, psychiatric or other health advice. The sessions and information provided as part of our Programs, Services, Website and Materials are educational and are at no time to be relied upon as professional advice. All decisions about treatment and management of any condition should be made with a healthcare professional, considering your personal medical history and circumstances. You are responsible for consulting a suitable medical professional prior to commencing our Program or Services.
(g) The Services, Program, Website and Materials are for general information purposes and nothing contained in them is, or is intended to be construed as advice. They do not take into account your individual health, medical, physical or emotional situation or needs. They are not a substitute for medical attention, treatment, examination, advice, treatment of existing conditions or diagnosis and are not intended to provide a clinical diagnosis nor take the place of proper medical advice from a fully qualified medical practitioner.
(h) You should, before you act on or use any of the information contained in the Services, Program, Website or Materials, consider the appropriateness of this information having regard to your own personal situation and needs and those of your employees. All employees or participants of the programs are responsible for consulting a suitable medical professional before using or relying on any of this information, and before trying any treatment or taking any course of action that may directly or indirectly affect their health or wellbeing.
(i) You take full responsibility and risk for your employees making any decisions based on any information contained in the Services, Program, Website or Materials. You hereby agree to irrevocably release and waive any claims you may have now or in the future against us, including on behalf of your employees, and we take no responsibility or liability whatsoever for any loss, damage or injury that may arise from any person acting on any statement or information contained in the Services, Program, Website or Materials, and all such liabilities are expressly disclaimed.
DISPUTES
If at any time any aspect of the Program or Services are not reasonably acceptable to you, the parties disagree on the quality or substance of the Program or Services, or the parties disagree for any other reason in relation to the Program or the Services, you must immediately notify us of any such reason, and give us a reasonable opportunity to respond and address any concerns. Feedback and discussion are important to the provision of the Program and the Services and it is up to you to provide such feedback in order to give us an opportunity to resolve any issue quickly and effectively.
If a dispute arises, both parties agree that confidentiality is paramount to the reputation of both parties. At no time must any communications or discussions be made public, including but not limited to via any social media platforms or the websites of either party. Any public discussion or comments about either party is considered defamatory, negative or otherwise damaging and will be the subject of compensation in any mediation or litigation claim. This includes but is not limited to any comments that any employee may make either within any participant comment platform, social media or otherwise.
In the event of any dispute in relation to the Program or Services that cannot be resolved, both parties agree to obtain an independent professional arbitrator/dispute resolution specialist to make a determination on the dispute and each of us agrees to pay our own costs.
INTELLECTUAL PROPERTY
We may provide you with Materials from time to time to enable the provision of the Program or the Services. All Materials are provided without warranties of any kind, either express or implied. Any Materials, whether tangible or intangible, which are provided or may be developed as a result of or during the Program or the Services is and will remain our property at all times. No Materials may be reproduced or used for any purpose other than your personal private use and at no time may the Materials be reproduced and provided to third parties without our express written permission.
TERMINATION OF MEMBER ACCESS
You are solely responsible for cancelling your membership through the Website or by contacting us.
We have the right to terminate or suspend your membership and access to the Website, with or without notice for any breach of these Terms or any reason in our sole discretion.
We may terminate or suspend your membership if you fail to pay any fees or payments for the Program or Services when payment is due.
We may terminate or suspend your membership if you behave in a way that is risky or seriously inappropriate, threaten or harass others, act in an improper manner, take part in the Services while under the influence of drugs or alcohol or provide instruction or information to other Members where you are not authorised by us to do so.
We may also bar you from our Program or Services and cancel your membership if we receive complaints about your behaviour, in our sole discretion.
We may terminate or suspend your membership if you are suspected of fraudulent, abusive or illegal activity and may refer the matter to the appropriate law enforcement authorities.
Upon such termination, regardless of the reasons, your right to use the Website, the Program and our Services immediately ceases and we may immediately deactivate or delete your account and all related information and files. We may also bar you from any further access to our Website, the Program and the Services.
We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.
If you cancel or we terminate your membership, in accordance with these Terms, we are not obligated to provide any refund of any fees that may have been paid in advance. If you breach our Teachable platform terms of use, your membership will also be terminated and you are not entitled to a refund.
LIMITATION OF LIABILITY
You take full responsibility and assume all risk for making any decision based on the Website, the Materials, the Program or the Services.
You agree and acknowledge that we are not liable for any direct, indirect, consequential or incidental loss, damage or injury which may result from your use of or reliance on the Website, the Material, the Program or the Services.
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 of revenue, profits, interruption of business, injury or damage to person or property.
Our liability is governed solely by the Australian Consumer Law (ACL) and these Terms. We exclude all conditions and warranties implied by custom, law or statute except for your statutory rights.
Except for your statutory rights, all goods and services (including the Program, the Services and the Materials) are provided to you without warranties of any kind, either express or implied; and we expressly disclaim all warranties of any kind including but not limited to implied warranties that the Website, the Program, the Services and the Materials will be provided with due care and skill and fitness for a particular purpose.
When your statutory rights apply, to the extent possible, our liability in respect of any claim is limited to, at our option, the supply of any goods or services again or the payment of the cost of having any goods or services supplied again.
For clarity, under the ACL, you may have, in some circumstances, the right to ask us to supply our goods or services again at no cost; or, if we decide we cannot or are unwilling to do so, we may pay for another business to provide the goods or services to you, at our option.
In the event of any successful claim, our liability is limited to the amount of the fees last paid by you to us.
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
INDEMNITY
You agree to defend, indemnify and hold us and our officers, directors, employees, contractors, members, agents and licensees harmless from and against any and all claims, charges, actions, liabilities, investigations, demands and similar including but not limited to any costs, losses, damages whether direct, indirect, consequential or special.
This indemnity includes all legal fees resulting from your breach of our Terms, any third-party claims including but not limited to your family or relatives, your Employees, any activity you may engage in through any use of our Website, Materials, Program or Services, or your use of the Website, Materials, Program or Services.
EMPLOYER INDEMNITY
You may nominate any employee including any executive or manager (Employee) to engage in the Services with us or to engage in our Program. You acknowledge and agree that you are responsible for any Employee and you indemnify us against any claims or actions that may be taken by the Employee in respect of any of the Services or the Program. You also agree you will be responsible for any breach of these Terms by any Employee including but not limited to any breach of intellectual property and any breach of copyright in relation to any Materials or the Website.
You represent and warrant that:
(a) You have the full legal capacity and authority to agree to these Terms.
(b) You will provide all relevant information required for us to carry out the Services and deliver the Program in a timely manner.
(c) You hold any required current insurances to benefit and protect us and our personnel (where relevant) including against any claims in relation to loss of personal property or damage to personal property or personal injury of any person attending any premises used by us for the delivery of the Services or Program.
GOVERNING LAW
These Terms are governed by the laws from time to time in force in the State of New South Wales, Australia. Both parties agree to unconditionally submit to the exclusive jurisdiction of the Courts of New South Wales, Australia for determining any dispute concerning these Terms.
UPDATED: June 2021