Terms and Conditions of Use
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING OUR WEBSITE
General, capacity and deemed acceptance
As expressed in these Terms, ‘Womb’, ‘Us’, ‘We’ or ‘Our’ means Kahlia Natasha Sullivan trading as WOMB ABN 81 373 637 048 operating a national website for pregnant people at http://www.womb.community/, which provides unbiased descriptions of pregnancy and birth care options and a directory of local pregnancy related services, of which does not constitute medical advice (the ‘Website’).
Womb, through the Website, provides general guidance and informative support for pregnant people, with the aim of the Website to provide general, but not medical, advice for pregnant people in relation to matters both during and after pregnancy, including, but not limited to, what provider options are available, applicable screening tests and birth choices (‘Services’).
Womb may amend and/or vary these Terms at any time and at the sole discretion of Womb (so long as the amendments and/or variations are reasonable), and You agree to be bound by these Terms as amended and/or varied if You continue to use the Website and/or engage the Services. The amended and/or varied Terms will be published in or on the Website from time to time. You should check these Terms regularly prior to accessing the Website and/or Services to ensure You are aware of any amendments and/or variations.
As outlined in the Womb.Community Disclaimer, information found on the Website is not medical advice or comprehensive, and is intended to provide general support, information and services for women during pregnancy or after pregnancy. While We use all reasonable attempts to ensure the accuracy and completeness of the information on Our Website, to the extent permitted by law, including the Australian Consumer Law, We make no warranty regarding this. You accept that it is Your responsibility to monitor any changes to the information on Our Website and take reasonable steps to ensure its accuracy and completeness including seeking independent medical advice.
Intellectual Property & Copyright
Unless otherwise indicated, Womb owns or licences from third parties all rights, title and interest including copyright, designs, patents, trademarks and other intellectual property rights and all material including all text, graphics, logos, button icons, images, audio, digital downloads, data complications and software (‘Material’), on the Website and/or imbedded within the Services (collectively, the ‘Owned Content’). All of the Material is protected by Australian copyright laws and trademark laws. Your use of the Website and Services and any access to the Owned Content does not grant or transfer any rights, title or interest to You in relation to the Owned Content.
You may not copy, further develop, reverse engineer, reproduce, re-publish, modify, alter, download, post, broadcast, transmit or otherwise use the Owned Content in any way, except to the extent permitted by law.
Your Use and terms related to Your use on Your devices
The Website and/or Services are for Your personal use only. You may not use the Website and/or Services, or any of the Owned Content therein, to further Your commercial purposes, including any advertising or advertising revenue generation activity on Your personal website(s).
When You use the Website, engage the Services and/or sign up to the Subscription Service, You may be communicating with Us electronically (‘Electronic Communications’). You consent to receive Electronic Communications such as newsletters from Us. You can retain copies of Electronic Communications for Your records only.
When engaging Us through Electronic Communications, You must ensure the content of that Electronic Communication does not breach any law, is not obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, and does not contain software viruses, spam or any alike material (‘Prohibited Communications’). You accept all responsibility for any damage or liability arising from Your sending of Prohibited Communications.
Our Website may contain links to websites operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, We do not endorse and are not responsible for the content on those linked websites and have no control over or rights in those linked websites.
Account, Subscriptions & Cancellations
To access the Website and Services, You may require an account or subscription (‘Account’). You are required to maintain the confidentiality of Your Account and associated information including Your password and login details (where applicable). You agree to accept responsibility for all activities that occur under Your Account. Creation of an Account and use of the Website and/or Services are not available to children. You confirm that You agree You have the legal capacity to contract and live in Australia, before accessing the Website, Services and/or creating Your Account.
General Licence & Access
Subject to Your compliance with these Terms, Womb may grant You a limited, non-exclusive, non-transferable, non-sublicensable licence to access and make personal and non-commercial use of the Services (‘Licence’). The Licence does not include any resale or commercial use of the Services, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Services or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools.
All rights not expressly granted to You in these Terms are reserved and retained by Womb or its licencors, suppliers, publishers, rightsholders, or other content providers. The Services, nor any part of the Services may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Womb. You may not frame or utilise framing techniques to enclose any trademark, logo, or other proprietary information of Womb without express written consent from Womb. You may not use any meta tags or any other hidden text utilising Womb name or trademarks without the express written consent of Womb. You may not misuse the Services. You may use the Services only as permitted by law. The licence that may be granted to You by Womb to access the Services may be terminated by Womb if You do not comply with these Terms.
Use of Applications and Services
Your use of the Website and/or engagement of the Services must be utilised in a manner as advised by Us. If You access the Website and/or engage the Services on or from an Android device, which You or someone else ‘rooted’ (the process of modifying the software of an Android device) or on or from an iOS device which You or someone else ‘jail broke’ (the process of modifying the software of an iOS device), Womb shall not be responsible for the security of Your data, including Your personal information, and You shall bear all responsibility for any breach, illegal access, loss and/or corruption of such data (and You indemnify and forever release Womb against such losses, claims or damages in any form).
Disclaimer of Warranties & Limitation of Liability
To the maximum extent permitted by law, including the Australian Consumer Law, in no event shall We be liable for any direct and indirect loss, damage or expense – irrespective of the manner in which it occurs – which may be suffered due to Your use of the Website and/or engagement of the Services, as a result of the inaccessibility of the Website and/or Services or the fact that the Information is incorrect, incomplete or not up-to-date.
We make no warranties or representations about the Website or the Services, including, but not limited to, being free from error or software virus. You expressly agree that Your use of the Website and/or the Services is at Your sole risk.
We reserve the right to restrict, suspend or terminate without notice Your access to the Website, or Your access to the Subscription Service, at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result.
Jurisdiction and Governing Law
Your use of the Website, the Services and these Terms are governed by the law in force in the State of South Australia and You submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in South Australia and the Federal Court of Australia (Adelaide Registry).
Notice and procedure for making claims of intellectual property infringement or complaints
Womb respects the intellectual property of others. If You believe that Your intellectual property rights are being infringed, please report this to Us at Choice@womb.community.
This email address may be used to report all types of intellectual property claims to Womb including, but not limited to, copyright, trademark, and patent claims.
We respond quickly to the concerns of rights owners about any alleged infringement, and We terminate the Subscription Service of repeat offenders in appropriate circumstances.
Written claims concerning copyright infringement must include the following information:
- An electronic signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that You claim has been infringed upon;
- A description of where the material that You claim is infringing is located on the site;
- Your address, telephone number, and e-mail address;
- A statement by You that You have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorised to act on the copyright owner’s behalf.