Terms and Conditions

The BirthCourse website (Website) is operated by BirthCourse Pty Ltd (BirthCourse). Throughout the Website and these terms and conditions (BirthCourse Website Terms), the terms "we", "us" and "our" refer to BirthCourse. These BirthCourse Website Terms apply to all users' use of the Website.

By visiting the Website and/or purchasing something from us, you engage in our "Services" and agree to be bound by the BirthCourse Website Terms, including those additional terms and conditions and policies referenced herein and/or available by hyperlink on the Website.  

If you do not agree to the BirthCourse Website Terms, then do not access the Website or any of our Services.

We reserve the right to update, change or replace any part of these BirthCourse Website Terms at any time without notice to you, by posting updates and/or changes to the Website. It is your responsibility to check this page periodically for changes. Your continued use of or access to this Website following the posting of any changes constitutes acceptance of those changes. If you do not agree to the updated BirthCourse Website Terms, you must immediately cease using the Website.

Purpose of the Website

BirthCourse provides evidence based antenatal courses and products that combine knowledge and techniques shown to reduce interventions in birth and improve outcome for mothers and babies. The purpose of the Website is to provide you with information about our programs, training and products.

All information set out on the Website (Information), is provided for general information purposes only and is not intended to constitute medical advice. You must not rely on such Information and no Information may be considered a substitute for your own independent investigation of any matters contained on the Website.

The Information is subject to updates from time to time and, while we aim to ensure that it is up-to-date, there may be delays, errors or omissions that could affect its currency or accuracy.  Accordingly, we make no warranty about the accuracy, completeness, reliability or timeliness of the Information.

You acknowledge and agree that you:

(a)     are solely responsible for the consequences of your use of any Information, including any decision to act or not act on the basis of the Information, and you should seek the advice of your doctor or other health-care provider where necessary; and

(b)     will make your own enquiries to determine whether the information you obtain through the Website is current, complete and accurate before using it. 

To the extent permitted by law, we are not responsible for any loss liability, damage, costs and expenses (including legal costs and expenses, regardless of whether incurred or awarded) arising in contract, tort (including negligence) or otherwise (Loss) you suffer or incur as a result of your failure to comply with this paragraph.

The Website may be accessed from outside Australia.  We make no representation that the Information or the Website complies with the laws (including intellectual property laws) of any country outside Australia.  If you access the Website from outside Australia, you do so at your own risk and you are responsible for ensuring compliance with all laws in the place where you are located.

Ownership of Content and Licence

Unless otherwise indicated, we or our licensors (as applicable) own all copyright, trade marks and all other intellectual property rights in the Website, the Website content and the BirthCourse products and training materials. In addition, other than as expressly provided for in these BirthCourse Website Terms, nothing in these BirthCourse Website Terms grants any proprietary or any other right to you in relation to any intellectual property rights in the Website.

We grant you a revocable, non-transferable, non-exclusive licence to use the Website on your own internet-enabled device that is compatible with the Website and has a current and working internet connection (Device) for your own purposes, and to download and print out a copy of the information available from the Website for your own personal use.

You must not (and must not attempt to):

(a)     except as permitted by the licence set out above, reproduce, communicate, adapt, use or exploit in any way, the content on the Website or in the BirthCourse products or training materials, without our written consent (including taking photos or making any audio or audio-visual recordings during any BirthCourse training or courses);

(b)     distribute, translate, modify or tamper with, any part of the Website;

(c)      create derivative works of or from any part of the Website;

(d)     sell, rent, lease, sub-license, assign, exchange or otherwise transfer your rights under these BirthCourse Website Terms; or

(e)     permit or assist any person to engage in any act described in paragraphs (a) to (d) above. 

Links to other websites

This Website may contain links to third party sites (Links) over which we have no control.  Those Links are provided for your convenience only, and we are not responsible for their use, effect or content.  These BirthCourse Website Terms do not apply to third party sites and you should review the terms and conditions of the applicable website before using that website.

We make no representation or warranty as to, and we are not responsible for, the accuracy or any other aspect of the information on any linked third party website. The inclusion of a Link does not imply our endorsement, recommendation or support of the applicable website or any information, opinions, goods or services referred to on it.

Links are provided for your convenience only. You acknowledge and agree that any access to and use of linked third party websites is at your own risk and that we are not responsible for any Losses suffered by you or anyone else in connection with any Link.

Your obligations in using the Website

You must provide your own internet access and Device in order to use the Website.  You are responsible for all internet access, data download and other network charges arising from your use of the Website and you acknowledge and agree that we have no responsibility or liability for those charges. 

You are responsible for the operation and maintenance of your Device and for ensuring the Website is accessible from your Device. 

You must not use (or attempt to use) the Website:

(a)     for any lawful or dishonest activity, or any activity prohibited by these BirthCourse Website Terms;

(b)     to access, transmit, publish or communicate material which: (i) is false, deceptive, inaccurate, defamatory, offensive, inflammatory, obscene, unsuitable for minors, abusive, indecent, threatening, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise unlawful; (ii) is xenophobic, racist, abusive, harassing or hateful; (iii) is invasive of a person’s privacy or constitutes personal abuse directed at other users; (iv) constitutes commercial advertising, the promotion of gambling or the promotion of your own site; (v) contains a virus or other harmful code; (vi) infringes a person's copyright, trade marks or other intellectual property rights; (vii) is, or could reasonably be considered to be unauthorised or unsolicited advertising, junk, spam or bulk email, chain letters, any other form of unauthorised solicitation, or any form of lottery or gambling; or (viii) contains links to other sites that contain or promote the material identified in paragraphs (i) to (vii);

(d)     in any way that may bring negative exposure or harm to us, our suppliers or other users of the Website;

(e)     to obtain unauthorized access to (or damage, disrupt or interfere with the operation of) any computer, system, application, network, security system or service; or

(f)      in any way that may cause us, our suppliers or other users of the Website to incur liability to a third party.

We may ask that you cease any conduct which we believe is contrary to your obligations under these BirthCourse Website Terms.  You must immediately comply with any such request.  We may immediately terminate and block your access to the Website or the services or products provided by BirthCourse for any reason, at our sole discretion.

 

Confidential Information

For the purpose of these BirthCourse Website Terms, Confidential Information means:

(a)     the information obtained through the Website; and

(b)     the identity of any user of the Website (other than a partner, employee, contractor of consultant of BirthCourse),

except in each case for information which is in, or which enters, the public domain otherwise than as a consequences of a breach of these BirthCourse Website Terms.

If you access any Confidential Information using the Website, you must:

(a)     keep such Confidential Information confidential;

(b)     use such Confidential Information only in accordance with the BirthCourse Website Terms; and

(c)      not disclose such Confidential Information to any person (other than a director, officer, employee or partner of the organisation you represent, who is obliged to keep that information confidential).

Your obligations paragraphs (a) to (c) above, will continue to apply, even if your access to the Website is disabled, terminated, suspended or withdrawn.

Privacy

We will collect, use and store your personal information in accordance with the BirthCourse Website Terms, any other agreement between you and BirthCourse, and the BirthCourse Privacy Policy https://www.birthcourse.com/pages/privacy-policy and applicable legislation, including for the purpose of making available the Website, complying with our legal obligations, and improving the user experience in relation to the Website.

You acknowledge and agree that your use of the Website is governed by our Privacy Policy.

If you use the Website, the information that we may collect and store includes, without limitation:

(a)     the type of operating system and/or other software or firmware used by your Device;

(b)     the data you send and receive using the Website, and the type and quantity of that data;

(c)      the dates on which and times at which you use the Website; and

(d)     the IP and MAC address of your Device. 

Non-excludable Obligations

Under the Australian Consumer Law (and other similar legislation of Australian states and territories), certain statutory guarantees are conferred in relation to the supply of goods or services to a Consumer (as defined in the Australian Consumer Law) (Consumer Guarantees). To the extent that you acquire goods or services from us as a Consumer and:

(a)     the goods or services are of a kind ordinarily acquired for personal, domestic or household use or consumption (PDH Goods or Services), the operation of the Consumer Guarantees cannot be, and are not in these BirthCourse Website Terms, excluded, restricted or modified; or

(b)     the goods or services are not PDH Goods or Services, we limit our liability for a failure to comply with any Consumer Guarantee (other than where to do so would otherwise cause all or part of this clause to be void) to, at our option: (i) in the case of goods, repairing or replacing the goods or paying the cost of having the goods repaired or replaced; and (ii) in the case of services, re-supplying the services or paying the cost of having the services re-supplied,

and except as set out in paragraphs (a) and (b) above, all other conditions, warranties, guarantees, rights, remedies, liabilities and other terms implied or conferred by statute, custom or the general law that impose any liability or obligation on us are expressly excluded under these BirthCourse Website Terms.

Security

To use the Website and its features as intended, you must enable the Website to use cookies and grant it any other permissions and access to your Device that it requires.  If you do not grant these permissions and this access, you may be unable to use the Website or some of its features. 

The Website uses the internet to provide services and information.  By using the Website, you acknowledge and agree to accept all risks associated with using the internet, including the potential exposure to viruses and harmful code which may affect your Device.

We does not warrant or guarantee the security of the Website.  You are solely responsible for the security of your Device (including any data stored on that Device) and for using appropriate and up-to-date software on your Device to detect and manage the threat posed by viruses and other harmful code.

Performance of the Website

We make no guarantee as to the reliability or other performance of the Website. 

We will use reasonable endeavours to generally make the Website available during our normal business hours.  However, the availability of the Website depends on various third party suppliers of both you and us, and accordingly, we does not warrant or guarantee:

(a)     that you will be able to use the Website at any time; or

(b)     that your use of the Website will be continuous, uninterrupted, secure or error-free.

You acknowledge and agree that the Website may not be available for use from time to time, and that you may be disconnected from your use of the Website at any time for any reason, including if:

(a)     any network connection difficulties occur;

(b)     the systems providing those services are unavailable for any reason (including so that maintenance can be performed);

(c)      you breach any of these BirthCourse Website Terms, or

(d)     we decide to terminate your access to those services for any reason.

The performance of the Website depends on various factors, including the functions, capacity and configuration of your Device, the speed of your internet connection, and the number of users accessing the systems which support the Website.

Liability

Your use of, and reliance on, this Website (including any content on the Website) is entirely at your own risk. You acknowledge and agree that except for in relation to any liability we may have in relation to Consumer Guarantees, we have no liability whatsoever to you (including because of our negligence) for any Loss suffered or incurred by you or anyone else under or in connection with this Website (including any content on the Website), however incurred including, without limitation, any and all:

(a)     actual or anticipated loss of profits, revenue, goodwill, savings, data, business opportunity, or expectation, and any and all indirect, special, consequential, punitive or exemplary Losses; and

(b)     any other Losses.

To the extent permitted by law, we exclude from these BirthCourse Website Terms all representations, guarantees, conditions, warranties, rights, remedies, liabilities and other terms that may be conferred or implied by statute, general law or custom, except any guarantee or right conferred under any legislation (including the Australian Consumer Law), the exclusion of which would contravene legislation or cause part or all of this clause to be void.

You agree that you will in no way hold BirthCourse or its employees, contractors, agents or directors, responsible for any special circumstances that could arise as a result of your pregnant, labour, or the birth of your child.

Governing law

The Website (excluding any linked sites) is controlled by us from our offices within Australia.

These BirthCourse Website Terms, and the provision of our services and products, are governed by the law of the Queensland, Australia and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Queensland, Australia and the courts having appeal from them.

Notices

All notices shall be in writing and shall be sent by email to us at [email protected] .

Suspension, withdrawal of or changes to Website

We reserve the right to:

(a)     suspend your use of, or withdraw, the Website and/or any of its features or components; and

(b)     add to, amend, remove, or disable access to, any part of the Website, in each case at any time and for any reason, without notice to you. 

If requested by us, you must immediately:

(a)     cease use of the Website; and/or

(b)     destroy, expunge, disable or restrict access to any information from the Website that you have printed or downloaded, and any information derived or generated from that information.

Waiver

We do not waive a right, power or remedy in connection with these BirthCourse Website Terms if we fail to exercise or delay in exercising that right, power or remedy.

 

Last updated: 31 August 2018