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Terms and Conditions

PLATFORM TERMS AND CONDITIONS

Terms and Conditions of Service


1. DEFINITIONS


The following expressions used in these Terms and Conditions have the following meaning unless the context clearly requires otherwise:
a)  Account means a User account on the Platform;  
b)  Beautifully Natural Education/us/ we/ our means Beautifully Natural Pty Ltd trading us Beautifully Natural Midwifery, Beautifully Natural Education and any of its related entities, servants, agents, successors, and assignors;
c)  Data means any content, material, data, information, records, account details, names, contact information and statistics including photographs, videos, audio, descriptions, correspondence, credit card details and the like;  
d)  Force Majeure Event means any event beyond Beautifully Natural Education’s control, including:
     (i)   Fire, explosion, flood, earthquake, cyclone or natural disaster;
     (ii)  Any third party’s variation, suspension, cancellation or failure to provide information, goods or services used  by Beautifully    Natural Education in the provision of the Services;
    (iii)  Epidemic, pandemic, disease or virus;
    (iv)  War, revolution, outbreak of hostilities, riot, civil disturbance, acts of terrorism or any other unlawful act  against public order or authority;
    (v)  Theft, malicious damage, strikes, lock-outs, or industry action of any kind;
    (vi)  Power failure, failure of telecommunications lines, failure or breakdown of equipment, plant machinery or  vehicles;
    (vii) Cyber attack or technological disruption; or
    (viii) The illness, disablement or death of an employee essential to the performance of the Services.
e)  General Visitor means any person who accesses the Platform but does not enter information or data on a Platform;
f)  IP means all intellectual and industrial property rights (such as copyright and related Rights), all Rights in relation to inventions (including patents and patent Rights), all registered and unregistered trademarks, all Rights relating to registered designs, and all other rights resulting from intellectual activity in the artistic, literary or scientific fields excluding any moral attribution Rights;
g)  Obligation means any express or implied legal, equitable, contractual, statutory or other obligation, promise, agreement, covenant, commitment, duty, undertaking or liability;
h)  Page means a page on the Platform to which you can browse content suitable for your needs;
i)  Platform means technical platform and services hosting the application or Platform known as “Beautifully Natural Education” or “Beautifully Natural Education Education” and providing the Service;
j)  Rights means any legal, equitable, contractual, statutory or proprietary right, chosen in action, power, authority, benefit, privilege, remedy, or discretion;
k)  Service means any information, content or material otherwise provided on the Platform
l)  Terms and Conditions means the Terms and Conditions set out in this document; and
m)  User (you / your) means any General Visitor, User or person who visits or subscribes to our Platform, enters information or data on the Platform.

 


2. GENERAL


a)  By using our Platform, you agree that:
    (i)  you have read and understood these Terms and Conditions and you agree to be bound by them;
    (ii) you will comply with these Terms and Conditions at all times while using/accessing the Platform;
b)  By accepting these Terms and Conditions, we grant you a limited, non-exclusive and revocable licence to access and use the Platform. We may issue this licence to you on any further terms or limitations as determined by us;
c)  Beautifully Natural Education may amend these Terms and Conditions from time to time, without notice to you. Any time you visit our Platform, please check these Terms and Conditions for any amendments;
d)  Beautifully Natural Education may subcontract any and all of its Rights and Obligations under these Terms and Conditions; and
e)  A User may accept these Terms and Conditions in any one of the following ways:
    (i)  In writing;
    (ii) Via clicking "I accept" the Terms and Conditions on the Platform;
    (iii) Accessing the Platform; or
    (iv) By conduct via creating an Account.

 


3. ACCOUNT REGISTRATION

a)  As a User, you must verify your identity by supplying at least three forms of unique identification in order to use the Platform, including but not limited to a current mobile number, email address, and name. If you do not provide us with this information, we are unable to provide you with access to the Platform;

b) You are responsible for correctly setting up your Account, and for any information that you enter into the Platform;

 

c) You are not permitted to access or use the Platform if You are under the age of 16;

d)  In order to protect Your Personal Information and Health Information, We may restrict access to Your Account until Your identity can be verified, including where You fail to supply the correct verification information for Your Account.

 


4. SUBSCRIPTION PAYMENT

a)  Upon creating your Account, you have the option to choose your Subscription Period which includes but not limited to by the week, month or yearly subscription, otherwise the Subscription Period stated/advertised (Subscription Period);

b)  Your Subscription Period begins as soon as your initial payment is processed.

c)  Your Subscription Period will automatically renew at the end of the Subscription Period without notice until you cancel your subscription.

d)  You authorise us to store your payment method(s) and to automatically charge your payment method(s) at the end of each Subscription Period until you cancel your subscription.

e)  We will automatically charge you the then-current rate for your subscription plan, plus applicable taxes (such as VAT or GST if the rate does not include it), every week, month or annum, upon renewal until you cancel.

f)  If your primary payment method fails, you authorise us to charge any other payment method in your Account. If you have not provided us with a backup payment method(s) and you failed to provide payment, or if all payment methods in your account fail, we may suspend your subscription and charge a late fee, at our sole discretion, upon renewal.

 


5. OWNERSHIP OF IP

a)  The parties agree that any IP that Beautifully Natural Education makes, develops, or conceives in providing its Platform to you, will remain the sole property of Beautifully Natural Education (to the extent that it was created by Beautifully Natural Education and no other party has ownership in the IP).

b)  You shall not sell, transfer, download, copy, share, publish, display, disclose or otherwise make these Rights available to any third party without the prior written consent of Beautifully Natural Education.

c)  You may print off one copy and may download extracts, of any page(s) from our Platform for your personal use and you may draw the attention of others to content posted on our Platform.

d)  You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

e)  You may use the Platform only for lawful purposes and in accordance with these Terms and Conditions. You agree not to:
    (a)  use the Platform in any manner that could disable, overburden, damage, or impair the Platform;
    (b) use any robot, spider or other automatic devices, process or means to access the Platform for any purpose, including monitoring or copying any of the material on the Platform;
  (c) use any manual process to monitor or copy any of the material on the Platform or for any other unauthorised purpose without our prior written consent;
  (d)  use any automatic or manual process to reverse engineer or decompile any part of the Platform;
  (e)  use any device, software or routine that interferes with the proper working of the Platform;
  (f)  introduce any viruses, trojan horses, worms, logic bombs, spyware, computer code, file, program or material that is malicious or technologically harmful;
  (g) attempt to gain unauthorised access to, interfere with, damage, disrupt or destroy any parts of the Platform including its data, the server on which the Platform is stored, or any server, computer or database connected to the Platform;
  (h) attack the Platform via a denial-of-service attack or a distributed denial-of-service attack; or
  (i)  otherwise, attempt to interfere with the proper working of the Platform or use the Platform in any other unlawful manner or for any unlawful purpose.


6. YOUR LOCATION

Our Platform is mainly intended for General Visitors and Users who are residing in and using this Platform within Australia. We do not represent that content available on or through our Platform is appropriate for use or available in other locations. If you access our Platform from outside Australia, you do so at your risk and you are responsible for compliance with laws applicable to your accessing the Platform from your location.

 


7. LICENSE


a)  Subject to your compliance with the Terms and Conditions and applicable law, we hereby grant you a non-exclusive, limited, revocable right (as set forth herein) to install, access and use the Services and Software that we make available to you and that you license from us.

b)  Each licence is to be used by only one (1) person and cannot be shared. At the end of your Subscription Period, your licence(s) will expire in accordance with these Terms and Conditions.

c)  The version(s) of the Services and Software available at your renewal date may be different from the version(s) available when you first licensed them from Beautifully Natural Education.

d)  You agree that your decision to use, access or license the Services and Software is not contingent on the delivery of any future functionality or features or dependent on any oral or written public comments made by us regarding future functionality or features.

8. USER OBLIGATIONS


a)  The User shall supply to Beautifully Natural Education, without charge and in such time so as not to delay or disrupt the performance of the Platform, all necessary and relevant Data as requested from Beautifully Natural Education from time to time.

b)  The User shall only access the Service and use the Platform in accordance with policies and guidelines as issued by Beautifully Natural Education from time to time via the Platform.

c)  The User shall only use the Service for the Permitted Use. The User shall not use or permit the Service to be used by third parties or for any unlawful or malicious purpose.  

9. MAINTENANCE

a)  Beautifully Natural Education shall from time to time undertake maintenance and/or updates of the Platform and will endeavour to provide notice to the User at least 24 hours prior to undertaking such updates or maintenance that are likely to be disruptive to the User’s use of the Platform.

b)  It is the User's responsibility to ensure that it can access the Platform.

 


10. NO REPRESENTATIONS

a)  You agree that you are using the content on our Platform for general information purposes only, and you are not relying on the Platform for any form of professional or medical advice.

b)  Although we make reasonable efforts to update the information on our Platform, we make no representations, warranties or guarantees, whether express or implied, that the content on our Platform is accurate, complete or up-to-date.

 


11. USER DATA


a)  The User acknowledges and agrees that Beautifully Natural Education shall engage third-party data hosts with servers to host the User Data.

b)  Ownership of the User Data shall remain with the User.

c)  By accepting these Terms and Conditions, the User hereby grants a non-exclusive, revocable and non-lapsing licence to Beautifully Natural Education to process User Data uploaded to the Service and use such User Data for research, marketing, advertising,  selling the User Data to third parties and the like.  

d)  The User is solely responsible for ensuring the legality, integrity, reliability, accuracy and quality of the User  Data.

e)  Beautifully Natural Education shall take reasonable technical measures to prevent unauthorised or unlawful disclosure of User Data or its accidental loss, destruction or damage during the performance of the Service.

f)  The User undertakes to follow all security measures required by Beautifully Natural Education as notified in writing from time to time.

g)  The User shall conduct its own investigations into and put in place all appropriate security measures to  ensure the security of its own IT infrastructure, including but not limited to anti-virus software, storage of sensitive data and the protection of passwords and usernames and the private information of the User and other third parties.  

 


12. THIRD-PARTY LINKS

Where our Platform contains links to other Platforms (including banner advertisements and sponsored links) and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked Platforms or information you may obtain from them. We have no control over the contents of those Platforms or resources, and you access third-party Platforms entirely at your own risk and subject to the terms and conditions of use for those Platforms.


13. VIRUSES

We do not guarantee that our Platform will be secure or free from bugs viruses or any other type of malicious code or software. You are responsible for configuring your technology to access our Platform. You should use your own antivirus software.

 


14. DEFAULT AND TERMINATION


a)  We may, in Our sole discretion:
  (i)  revoke, suspend or end Your licence, subscription and access to use the Platform for any breach of these Terms and Conditions; and
  (ii)  cancel or otherwise terminate Your Account with immediate effect.

b)  We will ordinarily advise a User of any suspension, revocation or termination, however, We are under no obligation to do so.

c)  If Your Account is cancelled or We otherwise permanently end Your access to the Platform, information We have collected about You may be either:
  (i)  permanently deleted or de-identified; or
  (ii)  retained in accordance with any applicable regulatory requirements.

d)  Termination or expiration of Your licence or access to use the Platform will not affect any accrued rights, indemnities, or any other provision of these Terms and Conditions which are intended by their nature to survive termination or expiration.


15. INDEMNITY AND RELEASE


a)  The User indemnifies and acknowledges that Beautifully Natural Education will not be liable for any Claim liability, loss, harm, injury, disease, illness or death sustained by any person or for any loss or damage to property directly or indirectly however caused by the content provided on the Platform.
 
b)  To the extent permitted by law, You acknowledge and agree that:
  (a)  Your use of the Platform is at Your own risk;
  (b)  You are solely responsible for Your use of the Platform and for the accuracy and suitability of any information or data that You upload to, or obtain from, the Platform, including any third-party services facilitated by the Platform;
  (c)  The Platform is not designed for, and must not be relied upon in relation to, any critical, emergency or acute care medical circumstances.
  (d)  The Platform does not provide medical advice, nor does it hold itself out to provide medical advice; and
  (e)  Under no circumstance will We be liable for:
         (i) any illness, injury, or death resulting from use of the Platform; or
         (ii) any other any direct or indirect, incidental or consequential damages, loss or corruption of data, or any other similar or analogous loss resulting from Your access to, use of, or inability to use the Platform or any content, whether based on warranty, contract, tort, negligence, in equity or any other course of action, and whether or not We knew or should have known of the possibility of such loss.

c)  You agree to indemnify Us for any loss, damage or claim (including the loss or corruption of data, goodwill, bargain, opportunity or anticipated savings) that We may suffer or incur as a result of any breach by You of these Terms and Conditions.

d). Certain rights and remedies may be available under the Competition and Consumer Act 2010 (Cth) or similar legislation of other States or Territories, and may not be permitted to be excluded, restricted or modified. Apart from those that cannot be excluded, We together with Our related entities exclude all conditions and warranties that may be implied by law.


16. ILLEGALITY AND SEVERABILITY


So far as possible the Terms and Conditions will be construed so as not to be invalid, illegal or unenforceable but if any provision is deemed by a court of competent jurisdiction to be illegal, invalid or unenforceable:
  a) That provision will be read down to the extent necessary to ensure that it is not illegal, invalid or unenforceable and in such manner as may be reasonable in all the circumstances so as to give it a valid operation of a partial character; or

  b) If the provision or part of it cannot be read down in a manner that will give it a valid operation, then the provision or relevant part will be deemed to be void and severable and the remaining provisions of this document will not in any way be affected or impaired.
 


17. JURISDICTION


You agree that the laws of Queensland apply to these Terms and Conditions regardless of your business, or residential location.
 


18. ELECTRONIC COMMUNICATION

You agree that we may communicate with each other by electronic means such as e-mail or SMS. You recognise e-mail and the internet are inherently insecure and that emails and data can become corrupted, are not always delivered promptly (or at all) and that other methods of communication may be appropriate. You acknowledge such hazards and you acknowledge that you are responsible for protecting our own systems and interests and we are not responsible for any loss or damage in any way arising from the use of electronic communication.


19. LIMITATION OF LIABILITY

a)  In no event will we, our related bodies corporate or their licensors, service providers, employees, agents, officers or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, our Platform, any Platforms linked to it, any content on our Platform or such other Platforms or any services or items obtained through our Platform or such other Platforms, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

b)  Nothing in this clause affects any liability which cannot be excluded or limited under applicable law. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation. Where our liability cannot be excluded, we limit our liability to the fullest extent permitted by the Australian Consumer Law.

 

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