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This online platform (Platform) is operated by CNG Pty Ltd ACN 632 716 628 ATF CNG Trust trading as Mama Linc ABN 17 532 968 653 or its successors and assignees (we, my, our or us). It is available at: https://www.mamalinc.com (Site), our mobile application (App) and may be available through other addresses or channels or on a platform hosted by a third party. Throughout these online purchase terms and conditions (Terms), Platform refers to our online or mobile presence and educational materials (including both our App and our Site), regardless of how you access it.

PART 1 – ACCEPTANCE & CONTRACT

Acceptance

By accessing and/or using our Platform, you warrant to us that you:

  • have reviewed these Terms which also include our Privacy Policy available here and note that these Terms together form our agreement with you;
  • are at least 18 years old; and
  • agree to use the Platform in accordance with these Terms.

Contract

When you, as purchaser of our online course/s (you or your) place an order (Order) via our Platform, you will receive an acknowledgement confirming receipt of your order. However, this acknowledgment will not constitute acceptance of your order.

A contract will not be formed between us until we send you confirmation by e-mail that the goods which you ordered have been dispatched to you by email or other form of digital download (Contract). In the case of audio, video or online course content hosted from our Platform, we grant you a licence (which is limited, revocable, non-exclusive and non-transferable) to listen to, download, watch or stream such content for your personal, non-commercial use, subject to the terms and conditions of any applicable third party platform used to host our Platform.

You agree that you will not copy, reproduce, distribute or use the content other than as set out in this Contract and that you must not sell, transfer, lease, modify, distribute or publicly perform the content included as part of the Contract or provided to you by us.

If you breach the Contract we reserve the right to terminate your license to use any purchased products. Only those products or services listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed. Any additional order for one on one services or other products we offer will be subject to another Contract.

PART 2 – THE ONLINE COURSES

Online Courses

Our online course(s) consists of the following (all time guides are approximate only and may be more or less then specified below):

  • Fully Prepared Mama Bundle – access to 7 programs (being 2 x Baby Essentials programs, 3 x Breastfeeding programs and 2 x Sleep programs) and 19 hours’ worth of educational videos;
  • Newborn Essentials Bundle – access to 3 programs (being 1 x Baby Essentials program, 1 x Breastfeeding program and 1 x Sleep program) and 10 hours’ worth of educational videos;
  • Breastfeeding Bundle – access to 3 x Breastfeeding programs and 5.5 hours’ worth of educational videos,
  • Sleep Bundle – access to 2 x Breastfeeding programs and 7.5 hours’ worth of educational videos,
  • Baby Essentials – access to 4+ hours of educational videos on everything you need to know as a new parent;
  • Baby Essentials: Your Growing Baby – access to 2+ hours of educational videos on common concerns and challenges as your baby grows;
  • Breastfeeding: Getting Started – access to 2.5 hours of educational videos on achieving a good latch and navigating early issues from day one;
  • Breastfeeding: Concerns Answered – access to 2 hours of educational videos on identifying and solving any issues you may encounter while breastfeeding;
  • Breastfeeding: Pumping, Bottling & Weaning – access to 1 hour of educational videos on pumping, bottling or weaning, supporting a mixed feeding of breast and bottle;
  • Sleep: Newborn Sleep 0-12 Weeks – access to 3.5 hours of educational videos on realistic expectations of baby’s sleep needs while learning gentle settling techniques;
  • Sleep: Sleeping Basics 3-12 Months – access to 4 hours of educational videos on creating structure, conquering naps, get baby sleeping independently and solving any sleep issues that will arise; and
  • any other Online Courses added from time to time not listed above, in those cases, the Platform page setting out the Online Course inclusions will describe the content where not listed above.

All Online Courses includes:

  • 12 months’ access to the purchased online Online Course content from the date the Contract is formed;
  • access to the Platform;
  • live demonstrations in the Platform;
  • membership to our Mamaunity Facebook group; and
  • general checklists, resources and guides relevant to each specific Online Course.
  • We reserve the right to amend, change, add to or remove any part of our online course(s) at any time at our sole discretion.

Facebook Community Access

The Online Courses will include access to the Mamaunity Facebook communities (Group). You acknowledge and agree that in accessing the Group, you must comply with any rules that we have set in relation to participating in the Group and these rules form part of your obligations under these Terms.

Pricing

We try and ensure that all details, descriptions and prices that appear on our Platform are accurate, note that errors may occur. Where we become aware of any such error we will endeavour to notify you.

Payment

Payments are to be made by the method you choose from our Platform. The payment method that you choose to use may be subject to additional terms and conditions that are imposed by the applicable third party payment processor. Where a third party payment processor is used, please review these terms and conditions before choosing and using your selected payment method. You will be charged in Australian dollars unless advised otherwise and where applicable, Goods and Services Tax (GST) will be added to the price.

PART 3 – THE PLATFORM AND TERMS FOR USE OF THE APP

Using the Platform

The Online Courses will be provided to you through the App as well as the Site (Platform), where you use the App, it must be downloaded and installed by you upon purchase of the Online Course if you intend to view the Online Course on the App.

You acknowledge and agree that your use of the App (where applicable) is subject to this clause, the App End User Licence and these Terms.

In using the App, you agree that:

  • you may only use the App for your personal use in relation to your participation in an Online Course;
  • access to the Online Course content on the App will only be given once you have purchased the relevant Online Course;
  • to use the App, you will be required to register for an account (Account). You may be required to provide your personal information and create a username and password in registering an Account;
  • it is your responsibility to maintain the confidentiality and security of your Account and to ensure there is no unauthorised access. Unauthorised use of your Account may result in the automatic removal of your Account from the App. We accept no responsibility for any transactions resulting from unauthorised access to your Account or liability for any loss, injury or damage resulting from the unauthorised use of your Account. You agree to notify us immediately if any unauthorised use of your Account is detected or any other breach of security occurs;
  • you acknowledge that you have no rights in, or to, the App or technology used to support the App, other than the right to use the App in accordance with these Terms;
  • by creating an Account, you warrant that:
    1. you are enrolled in an Online Course;
    2. to the best of your knowledge, you have provided accurate and complete information in the registration of your Account;
    3. you are responsible for any error, omission or cost arising from a failure or delay to provide all information necessary to create an Account;
    4. you will keep your Account details including your username and password confidential and secure; and
    5. you will be solely responsible for all use of your Account;
  • on installation of the App, a pop-up may appear asking whether you would like to receive alerts, badges, banners and sounds (Push Notifications) from the App to your mobile device. If you agree to receive Push Notifications, the App will generate Push Notifications on your mobile device and you acknowledge and consent to receipt of those Push Notifications. You can choose to stop receiving Push Notifications at any time through the App’s settings menu; and
  • you further acknowledge we may also automatically receive information from your mobile device used to install the App, including (but not limited to) user IDs (such as screen names), locations visited, surveys and live polls, hardware MAC address, internet protocol address, and your usage of various App features. The information collected by us may be posted by us on publicly-accessible web sites, shared with hardware manufacturers, shared with platform hosts, shared with our marketing partners or used by us for any other lawful purpose, subject to our Privacy Policy.

Using the Site

You acknowledge and agree that your use of the Site (where applicable) is subject to the following:

  • you may only use the Site for your personal use in relation to your participation in an Online Course;
  • access to the Online Course Content on the Site will only be given once you have purchased the relevant Online Course;
  • to access Online Course content on the Site, you will be required to register for an account (Account). You may be required to provide your personal information and create a username and password in registering an Account;
  • it is your responsibility to maintain the confidentiality and security of your Account and to ensure there is no unauthorised access.
  • Unauthorised use of your Account may result in the automatic removal of your Account from the Site. We accept no responsibility for any transactions resulting from unauthorised access to your Account or liability for any loss, injury or damage resulting from the unauthorised use of your Account. You agree to notify us immediately if any unauthorised use of your Account is detected or any other breach of security occurs;
  • you acknowledge that you have no rights in, or to, the Site or technology used to support the Site, other than the right to use the Site in accordance with these Terms;
  • by creating an Account, you warrant that:
    1. you are enrolled in an Online Course;
    2. to the best of your knowledge, you have provided accurate and complete information in the registration of your Account;
    3. you are responsible for any error, omission or cost arising from a failure or delay to provide all information necessary to create an Account;
    4. you will keep your Account details including your username and password confidential and secure; and
    5. you will be solely responsible for all use of your Account;
  • The Online Course content is licensed, not sold and by opening and viewing the Online Course Content you purchase you accept these Licence Terms with us as the Licensor, noting that subject to these Terms we grant you the nonexclusive, non-transferable, limited right and license to view the Online Course you purchase on the Site for your personal non-commercial.
  • You acknowledge that no title or ownership in the Site or Platform is being transferred or assigned and these Terms should not be construed as a sale of any rights in the Site or Platform. All rights not specifically granted under these Terms are reserved by Licensor

App End User Licence

The App is licensed, not sold. The App includes all software and further includes any accompanying manual(s), files, electronic or on-line materials or documentation, and any and all copies of such software and its materials. By opening the App, installing, and/or using the App and any other materials included with the App, you accept these Licence Terms with us as the Licensor. If you do not agree to these Licence Terms do not install, or use the App.

(a) License

Subject to these Terms, we hereby grant to you the nonexclusive, non-transferable, limited right and license to use one copy of the App for your personal non-commercial use on a mobile device. The term of your license under these Terms will commence on the date that you install or otherwise use the App and ends on the earlier date of either your removal of the App or the Licensor’s termination of these Terms.

You acknowledge that no title or ownership in the App is being transferred or assigned and these Terms should not be construed as a sale of any rights in the App. All rights not specifically granted under these Terms are reserved by Licensor.

(b) Ownership

Unless otherwise indicated, we retain all right, title and interest to the App, including, but not limited to, all copyrights, trademarks, trade secrets, trade names, proprietary rights, patents, titles, computer codes, audio-visual effects, themes, characters, character names, stories, dialog, settings, artwork, sounds effects, musical works, and moral rights. The App is protected by Australian copyright and trademark law and applicable laws and treaties throughout the world. The App may not be copied, reproduced or distributed in any manner or medium, in whole or in part, without prior written consent from us. The App may contain certain licensed materials and our licensors may also protect their rights in the event of any violation of these Terms. All rights not expressly granted to you herein are reserved by us.

(c) License conditions

You agree not to:

  1. commercially exploit the App;
  2. distribute, lease, license, sell, rent or otherwise transfer or assign the App, or any copies of the App, without the express prior written consent of us or as set forth in these Terms;
  3. make a copy of the App or any part thereof (other than as set forth herein);
  4. make a copy of the App available on a network for use or download by multiple users;
  5. reverse engineer, decompile, disassemble, prepare derivative works based on or otherwise modify the App, in whole or in part; or
  6. remove or modify any proprietary notices, marks or labels contained on or within the App.

Apple App Store Additional Licence Terms

(d) This clause applies in addition to these Terms where you have downloaded the App through the Apple Inc. (Apple) App Store.

(e) If any software is provided to you through the Apple App Store, then the following additional terms and conditions in this paragraph apply. These terms are solely between you and us, and not with Apple. You acknowledge that Apple has no obligation to furnish any maintenance or support services to you in connection with the App. In the event of any failure of the App to conform to the limited warranty in these Terms, you may notify Apple, and Apple will refund the purchase price (if any) for the App. Except for the foregoing, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App. Any claim in connection with the App related to product liability, a failure to conform to applicable legal or regulatory requirements, claims under consumer protection or similar legislation or intellectual property infringement are governed by these Terms, and Apple is not responsible for such claims. You must comply with the Apple App Store Terms of Service, including the Usage Rules. The license to the App is a non-transferable license to use the App only on an iPhone, iPad or iPod touch that you own or control. You represent that you are not located in any U.S. embargoed countries or on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s list or Entity List. Apple is a third-party beneficiary to this Agreement and may enforce these Terms against you. All other terms and conditions of these Terms apply to your use of the App.

Android Market Additional Licence Terms

(f) This clause applies in addition to these Terms where you have downloaded the App through the Google Play Android Market (Google) App Store.

(g) If any software is provided to you through the Google Play App Store, then the following additional terms and conditions in this paragraph apply. These terms are solely between you and us, and not with Google. You acknowledge that Google has no obligation to furnish any maintenance or support services to you in connection with the App. Any claim in connection with the App related to product liability, a failure to conform to applicable legal or regulatory requirements, claims under consumer protection or similar legislation or intellectual property infringement are governed by these Terms, and Google is not responsible for such claims. You must comply with the Google Play Terms of Service, including any usage rules.

PART 4 – TERMINATION & REFUNDS

Refund Policy

Please choose carefully. We do not normally give refunds if you change your mind or make the wrong decision. However, where we are required to provide a refund to you under Australian Consumer Law, you are entitled to a replacement or refund for a major failure.

Suspension or Termination

  • These Terms (including the App End User Licence) are effective until terminated by you or us.
  • If in our sole discretion you are found to be:
    1. tampering with access to or the operation of the Platform (including the App and/or Site);
    2. engaging in practices which subvert or are intended to subvert these Terms;
    3. in breach of these Terms; or
    4. engaging in any conduct which is deemed to be contrary to our brand or breaches these Terms

then we may, at any time and without notice:

  • terminate your participation in the Online Course;
  • refuse access, deny, remove or modify your Account from the App; or
  • otherwise restrict your access to the Platform.
  • If we suspend or terminate your access to the App due to a breach of these Terms, we may allow you a reasonable period of time to remedy your breach.
  • Should you fail to remedy the breach within a reasonable time or where your Account is terminated, you must immediately delete or remove the App from any and all mobile devices and immediately destroy all copies of the App in your possession or control.
  • While you may delete or uninstall the App from your mobile device at any time, you acknowledge that:
    1. removal of the App alone will not constitute a termination of your participation in the Online Course and you will continue to have access to the Online Course for the predetermined limited length should you reinstall the App; and
    2. where you wish to terminate your participation in the Online Course, please note that refunds are subject to our Refund Policy (set out above).

PART 5 – IP, LIMITATION OF LIABILITY, DISCLAIMERS & OTHER GENERAL CLAUSES

Limitation on claims

We have no liability to the extent that a failure of the product or service you purchase from us is attributable to any act or omission on your part.

Our liability for failure to comply with a consumer guarantee under the Australian Consumer Law is limited to:

  • in the case of goods supplied by us, the replacement of the goods or the supply of equivalent goods (or the payment of the cost of the replacement or supply), or the repair of the goods (or the payment of the cost of the repair); and
  • in the case of services supplied by us, the supply of the services again or the payment of the cost to the Customer of having the services supplied again.

Subject to the preceding paragraphs, no attempt is made to exclude or limit liability arising under the Australian Consumer Law to the extent that there is a statutory restriction on such exclusion or limitation. In all other respects, our total liability for loss or damage of every kind, whether arising pursuant to the Contract or these terms of service or arising in any other way out of or in relation to the supply of the goods, their sale, delivery or the way they behave, and whether in tort or contract or in any other cause of action, is limited to an amount equivalent to the sum paid by you to us for the goods.

Warranty disclaimer

To the extent permitted by law, any condition or warranty that would otherwise be implied into these Terms is hereby excluded. Further, the application of the United Nations Convention on Contracts for the International Sale of goods (the Vienna Convention) to this agreement (by virtue of any law relevant to this agreement) is excluded.

Intellectual Property rights

Unless otherwise indicated, we own or licence all rights, title and interest (including intellectual property rights) in our Platform (including the App) and all of the content used on our Platform (Content). We also own all of the Content. Your use of our Platform to participate in our online course and/ or digital products and your use of and access to any Content does not grant or transfer to you any rights, title or interest in relation to our Platform or the Content. We reserve all rights, including without limitation, all Intellectual Property rights or other proprietary rights, in connection with the Platform, including the App and the Site.

The Platform may contain trademarks or logos of other parties and are proprietary to those parties who retain registered or unregistered rights in those trademarks and logos in Australia and may be the subject of rights in other countries. We make no proprietary claim to trademarks or logos of any third party

You must not, without the prior written consent of us or the owner of the Content (as applicable):

  • copy or use, in whole or in part, any Content;
  • reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party; or
  • breach any intellectual property rights connected with our Platform, including (without limitation) by:
    1. altering or modifying any of the Content;
    2. causing any of the Content to be framed or embedded in another website or platform; or
    3. creating derivative works from the Content.

User Content & User Interactions

  • You may be permitted to post, upload, publish, submit or transmit relevant information and content (including reviews) on our Platform, whether on our App, Site or other online platform (User Content). By making available any User Content to you on or through these methods, you grant to us:
    1. a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, adapt, modify, distribute, license, sell, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content on, through, or by means of our Platform; and
    2. an unconditional, irrevocable right to use and exploit your name, likeness and any other information or material included in any of your User Content and in connection with any User Content, without any obligation to you. Except as prohibited by law, you waive any rights of attribution and/or any moral rights you may have in your User Content, regardless of whether your User Content is altered or changed in any manner.
  • You agree that you are solely responsible for:
    1. all User Content that you make available on or through our Platform. In this case, you represent and warrant that:
      1. you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content as contemplated by these Terms; and
      2. neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of our Platform we use for the Content will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation; and
    2. your interactions with other users of the Platform and any other parties with whom you interact through the Platform, including the App, if any. Any interaction with another user of the App must be in compliance with these Terms. We reserve the right, but have no obligation, to become involved in any way with any disputes arising between you and another user. You will fully cooperate with us to investigate any suspected unlawful, fraudulent or improper activity, including, without limitation, granting us access to any password-protected portions of your Account.
  • We do not endorse or approve and are not responsible for any User Content. We may, at any time at our sole discretion, reject, refuse to post or delete any User Content for any or no reason, including, but not limited to, User Content that in our sole judgment violates these Terms.
  • If you have a dispute with another participant of an Online Course on our Platform, you release us from all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.

Prohibited Conduct

  • To protect the needs and interests of all person participating in the Online Course and using the Platform, you must not:
    1. use any abusive, violent, insulting, indecent, threatening, bullying, harassing, lewd, slanderous or pornographic language;
    2. use any form of hate speech;
    3. share any graphic, nude or pornographic content;
    4. publish the personal information of another person without their consent;
    5. hack into, change or otherwise knowingly transmit a virus or otherwise damage the Platform or any information contained within it;
    6. infringe or violate another party’s intellectual property rights or otherwise violate the law; or
    7. advertise or promote other companies, products or services.
  • If you see any conduct on the Platform which you believe is a breach of these Terms, you must promptly report it to us.

Security

  • We do not warrant that functions available on the Platform (including the App and Site) will be uninterrupted or error free, free of viruses or programming bugs or interferences due to factors outside our control.
  • You acknowledge that the transmission of data over the internet and/or cellular network is not always secure. Although we endeavour to secure all aspects of the Platform, you access the Platform at your own risk and we accept no responsibility for any interference, loss, damage, or disruption to your computer or mobile device or otherwise which arises in connection with your use of any part of the Platform.
  • You acknowledge it is your responsibility to:
    1. implement sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output; and
    2. ensure that whatever you select for your use in the Platform is free of viruses of anything else that may interfere with or damage the operations of your device.

Availability of Platform

You may access the Platform at any time, unless we have restricted access to perform necessary maintenance, updates or upgrades. Your ability to access the Platform (including the App and Site) will otherwise depend on factors outside our control and we do not guarantee that all or part of the Platform will be available at all times or accept any responsibility for factors outside of our control such as the quality of your internet connection, the type of computer or mobile device used to access the Platform and your software.

Exclusion of competitors

You are prohibited from using our Platform, including the Content, in any way that competes with our business. If you breach this term, we will hold you responsible for any loss, damage or expense, howsoever arising, whether direct or indirect and/ or whether present, unascertained, future or contingent (Liability) we suffer, and hold you accountable for any profits that you may make from non-permitted use.

Discontinuance

We may, at any time and without notice to you, discontinue our Platform (including the App and/ or Site) in whole or in part. We may also exclude any person from using our Platform and our Content, at any time at our sole discretion. We are not responsible for any liability you may suffer arising from or in connection with any such discontinuance or exclusion.

Waiver

Any waiver of any provision of the terms of service will be effective only if in writing and signed by us. Without limiting the foregoing, if you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

Medical and General Disclaimer

You agree to download and use our App on the following basis:

  • while every effort has been made to accurately represent the courses we offer and the likely outcome, there is no guarantee that you will achieve the results that you may have expectations of, as your level of success in completing any digital online course offered by us depends on the time you devote to the program, the characteristics of your baby and other external factors we cannot control. Since these factors differ according to different individuals and babies we cannot guarantee your success or any particular outcome or other external outcomes such as that your baby will sleep better, breastfeed smoothly or that you will feel better prepared to be a mother;
  • you should exercise your own judgment and evaluate the currency, accuracy, reliability or suitability of the available information in our Online Courses. You are solely responsible for the making of any decision regarding your baby which is made based on our Online Course;
  • the information provided in our Online Courses are based on our founder Courtney’s personal experience as an NICU nurse and certified lactation + paediatric sleep consultant. Courtney is not a doctor. You acknowledge that the information in the Online Courses is subject to current medical knowledge and should not be relied upon as health or medical advice. We recommend you consult a medical professional in the event you or your baby requires health or medical advice, including for any psychological or mental health issues; and
  • you warrant that you have not relied on any testimonials published by us as a reliance to purchase our Online Courses we offer and undertake that you will hold us harmless if you do not achieve the results you desire.

Entire agreement

The above terms set out in this online purchase terms and conditions constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and us.

Variation

We may modify these Terms from time to time by posting the amended Terms on our Website. By continuing to use the Website and any associated third party platform hosting our Content after such modification, you agree to the amended terms. If you do not agree to the modifications, you must terminate your account with our Website and any other associated third party platform hosting our Content.

Severance

The provisions of these Terms are severable and if any provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.

Governing law

The laws in force in New South Wales, Australia govern these terms of service. You agree to submit to and be bound by the exclusive jurisdiction of the courts of that jurisdiction.

CNG Pty Ltd ACN 632 716 628

Email: support@mamalinc.com

Last update: June 2023