Program Terms and Conditions

PROGRAM TERMS AND CONDITIONS

These Terms of Service (“Terms”) apply to all clients, or all potential clients of Bump and Beyond [ABN 87286694839] (“we, us, our”). These Terms together with any other terms and conditions and policies we publish or link to on our Website and Services form an Agreement with us (“Agreement”). “You” could be any client of ours.

PROGRAM WE WILL PROVIDE

Our Programs provide you support and information regarding pre and post-natal care. We provide various Materials to help you during the Program. We also have group sessions.

BEFORE PURCHASE

Things you must do before purchasing Programs on our Website

You must:

· be 18 years old or have parental consent;

· provide complete and accurate information to us, and promptly inform us of any updates to your information; and

· ensure you have adequate technology set up and internet access to participate if there is an online component of the Program.

You represent and warrant that:

you and your baby are up to date with the requisite vaccination scheme as required by the SA Healthgovernment website;
you are not being treated for any mental health condition, or if you are you have a letter of consent from your psychiatrist, or psychologist to participate; and
you will notify us immediately if your health status changes in any way.

Acknowledgements you make when purchasing on our Website

You acknowledge and agree that:

· you are solely responsible for yourself and your baby during the Program;

· pre and post-natal care can be very subjective, and what may be helpful to some may not for others;

· some sessions can be emotionally and personally challenging;

· we cannot take into account your personal situation or your personal goals or objectives when providing the Programs. Whilst we will try to work and accommodate all participants, the Materials we provide are general in nature.

· participation in the Program is voluntary and is always at your sole risk. You are responsible at all times for your safety and wellbeing. We are not an emergency service, and are not your doctor, or other health professional. You must always seek proper advice from a professional regarding any diagnosis, assessment or treatment. We are not liable for any Loss or Damage suffered in connection with your participation in any Program or reliance on any health or medical “advice”.

You further acknowledge and agree that there may be:

· occasional errors or omissions in Program descriptions, prices, availability and promotions;

· some Programs with limited places, and some programs that are limited to certain regions or groups of people; and

· technical problems downloading Materials, and there are inherent risks associated with downloading digital products and using software.

Except as required by law, we cannot guarantee the accuracy of the information, or the availability of the Programs. We also cannot guarantee the results of the Program as they are dependent on your learning, actions and implementation.

You also acknowledge that we may make recommendations of suppliers for various products or services and/or provide samples and gift bags during our Programs. You must use your own discretion and read all labelling before consuming or using any product or service. Any recommendations are only recommendations, and if you purchase from the supplier that is a contract between you and the supplier, and we are not involved. You must direct any product or service concerns, requests for refunds or other feedback directly to the supplier.

Payments

You must:

pay for the Program online via our booking platform and the published payment methods available;
make the deposit or full payment as required by us prior to commencement of the Program as your place cannot be reserved or confirmed until payment is received; and
have any special offer coupons ready as they must be used at the of purchase to apply; they cannot be applied retrospectively.

You also agree to pay any applicable currency conversion fees, or financial service provider fees where relevant. Where payments are made in instalments, you authorise us to deduct all accrued and outstanding fees from your credit card or debit card provided. You must ensure that sufficient funds are available in your nominated account to meet any withdrawals made by us on their scheduled due dates. Where payment is defaulted or not received, you authorise us to debit any outstanding funds from your nominated account, without the need for notifying you.

AFTER PURCHASE

Things you must do after purchasing on our Website

You must:

· not allow other people to use the Materials;

· contact us by email at if you have any difficulty downloading any Materials;

· not reproduce, duplicate, copy, sell, re-sell or exploit the or Materials in any way;

· contact us by email at if you have any issues with the Program and require a refund;

· seek our prior written consent before any publication of information about us; and

· in the case of a dispute keep all communications confidential.

We have group sessions where you can be part of our community but please follow our rules

We encourage you to engage with us and other participants during the Program, however, you must comply with our rules at all times.

You must respect the other participants in the Program and not be disruptive in any way. We may exclude you from any group sessions or events where you become disruptive or disrespectful. You must not directly contact other participants unless you have their express consent. Any further interactions with other participants are conducted at your sole risk.

Acknowledgements you make in relation to privacy and confidentiality

During the group sessions you may share sensitive, personal, and private information (“Confidential Information”), or others may share similar information.

You acknowledge and agree to keep all information confidential, and not to disclose any information outside the group. You must not record any group sessions.

We will not disclose any Confidential Information, except where it is required by law. For more information on the circumstances where we disclose personal information, please see our Privacy Policy here.

Unfortunately, whilst we encourage confidential communications, we cannot guarantee that delivery of our Program and any Materials will be secure, and we cannot guarantee your privacy or confidentiality when accessing online technology.

Acknowledgement you make in relation to emergencies and crisis situations

You acknowledge and agree that we are not crisis counsellors and are not readily available for these situations. If you are experiencing a crisis, you must contact an emergency service.

In some circumstances we may need to suspend or even terminate a group session where a participant is experiencing a crisis. Where we see any risk to a participant’s safety, we will immediately terminate the session. In this event, we will reschedule the groups session to another reasonable time. In the event that you experience a crisis during the duration of the Program or during a session, we will refer you to appropriate service and you agree to seek assistance immediately.

Acknowledgement you make in relation to recordings

You acknowledge and agree that we may make recordings of sessions that you participate in, after gaining your verbal consent. These recordings may be audio, video or still photographs, and may be used by us for marketing or information purposes. We will seek consent before we use these recordings or imagery, where you may be depicted or included, in whole or in part, in composite or distorted in character or form.

Acknowledgement you make in relation to your photographs and social media
You acknowledge and agree that:

you will not photograph, record or videograph any person or their child without their consent;
you will seek the prior consent of the relevant persons before posting any pictures or videos of others from the sessions.

Your commitment to the Program

To get the most benefit out of our Program, you should:

· be respectful and open to different opinions of others; and

· participate and share your experience with others.

Things we’d love you to do after purchasing on our Website

We’d love you to provide us with any photos, videos, testimonials and/or case studies so we can use them for marketing and information purposes, publications, exhibitions and professional awards across all print or digital mediums, including our social media channels.

However, please note that by providing us with photos, videos, testimonials and/or case studies you assign copyright ownership to us. This includes all copyright and any other rights under the Copyright Act 1968 and the right of reproduction either wholly or in part. If you provide content but subsequently want to revoke permission to use it, it is your responsibility to notify us immediately at shapebumpandbeyond@gmail.com.

OTHER MATTERS YOU SHOULD BE AWARE OF

We may change information on our Website and store

Except as required by law, we may at any time, and without prior notice to you:

· change and update information including availability and promotions;

· change prices or descriptions of our Programs; and

· change our range of Programs or discontinue a Program.

We comply with the Australian Consumer Law
Our Programs come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:

· to cancel this Agreement with us; and

· to a refund for the unused portion, or to compensation for its reduced value.

You are also entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure, you are entitled to have problems with the service rectified in a reasonable time and, if this is not done, to cancel your contract and obtain a refund for the unused portion of the contract.

Except as required by law we do not warrant the quality of the Programs or warrant that they will meet your expectations. We do not provide refunds for changes of mind, where you fail to provide us with adequate information, where you can no longer partake in part or all of a Program, or where you fail to comply with our instructions.

Refunds and Cancellations

In the event you need to cancel, you must provide us with 60 or more days’ notice from the start date of your Program to receive a full refund of the Fee, less your booking fee. Cancellations made between 60-30 days will receive 80% of the Fee. Cancellations made between 30-21 days will receive 50% of the Fee. Cancellations made between 21-15 days will receive 20% of the Fee. Cancellations made within 14 days from the start date of the Program will not receive any refund of the Fee.

Missed sessions

We do not provide a refund for any missed sessions.

Changes that may happen

In the event there are any COVID-19 restrictions enforced, the Program will be delayed until such restrictions are lifted. In the event there is requirement to change the venue, we will ensure that the new venue is as close to the original venue as possible. Despite our reasonable endeavours, on occasion we may also need to change times or dates of program sessions at short notice, move the Program online, or even cancel parts of a Program. We will notify you as soon as possible of any changes. We do not provide refunds except as required under the Australian Consumer Law.

If we need to cancel, we will provide a refund

Except as required by law, all payments are non-transferable and non-refundable. On occasion we may cancel a Program where we are no longer able to provide it. In these or similar circumstances where we have to cancel the whole program, we will provide you with a full refund.

We can refuse your participation in our Programs at any time

We may refuse to provide our Programs to you, or anyone, for any reason, at any time. In particular, if you breach this Agreement we may immediately terminate your use of our Website and Services and disable your ability to purchase of our Programs. We can also change, suspend or stop providing Programs at any time, for any reason, and without notifying you. We are not responsible to you for any changes, or if we suspend or stop our Programs.

INTELLECTUAL PROPERTY

All the Intellectual Property Rights in our Materials are owned by or licensed by us. We grant you a non-exclusive, non-transferable, royalty-free, revocable licence to use our Materials for your personal use only. This licence to use our Materials in relation to the Programs is for the duration of the Program only. In particular, you must not use our Materials for any commercial purposes without our prior written consent which is given or withheld at our sole discretion. Any use beyond your sole personal use will be conditional on the payment of license fees, and acknowledgement of our moral rights under the Copyright Act 1968 where applicable. Please contact us at shapebumpandbeyond@gmail.com to seek consent.

RELIANCE ON ADVICE DISCLAIMER

We may provide information in our Materials and that may be classed as health “advice”. Whilst we exercise due care in ensuring its accuracy, sometimes it may not be accurate. There may be typographical errors, or it may be based on an opinion of the author that is not widely held. Occasionally the information may be historical information, and based on primary sources of material, contemporary thinking, regulations or laws which existed at the time of publication, and these will change from time to time. Occasionally the information may not be complete. For that reason, we cannot guarantee that the information is accurate, complete or current.

LIABILITY AND INDEMNITY

To the maximum extent permitted by law, we are not liable for any Loss or Damage arising from your use of our Website and Services or any Programs purchased using the service, including, but not limited to, any errors or omissions, price changes or discontinued Programs, your reliance on any of our information, any links to third party websites, any interruptions, any changes, suspension or termination of our Website and Services, our recording of any events, and changes to dates and times of Programs.

To the extent to which we are entitled to do so, our liability under the Australian Consumer Law will be limited, at our option to:-

· the replacement of the Program or the supply of equivalent services; or

· the payment of acquiring an equivalent Program.

In any case, our liability to you will not exceed the amount actually paid by you to us for the most recent Program you have paid for.

You agree to indemnify us, and to keep us indemnified from any Claim arising out of or in connection with your breach of this Agreement, including, but not limited to where you provide incorrect information, any breach of the group session and posting rules, and any breach of our Intellectual Property Rights.

FORCE MAJEURE

Where there is a Force Majeure Event, we will not be considered in breach of this Agreement, to the extent to which our obligations are unable to be performed by such an event. We will not incur any liability to you for any Loss or Damage of any nature incurred or suffered in connection with any Force Majeure Event.

IF THERE IS A DISPUTE

In the event of any dispute 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 party agrees to pay their own costs.

OTHER

This Agreement is to be construed in accordance with the laws of SA, Australia, and you and we submit to the jurisdiction of the courts of SA, Australia. This is the entire agreement between you and us, and supersedes any prior agreements, proposals and communications whether oral or written, between you and us. In the event of an inconsistency between the terms in this document, and other terms and conditions on our Website, these terms prevail. No other term is to be included in this Agreement except where it is required to be included by law. The failure by us to exercise any right or enforce any provision in this Agreement does not waive the future operation of that right or provision. In the event that a provision in this Agreement is not enforceable, such provision shall be severed from this Agreement to the extent permitted by law, and the remaining provisions will remain in full force and effect. All obligations and liabilities in this Agreement survive termination of this Agreement.

DEFINITIONS

Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010.
Agreement means these terms, and the general website terms and conditions and all other terms and conditions and policies published or linked to on our website.
Claim means any claim, under statute, tort, contract or negligence, any demand, award or costs.
Force Majeure Event means any event beyond our control which prevents us from complying with our obligations under this Agreement, including but not limited to, a pandemic, act of God, such as fires, earthquakes, floods, war or hostilities, riots, strikes, disorder or acts or threats of terrorism, or electrical failures, changes to regulations, weather events, travel limitations, venue closures.

Intellectual Property Rights means all copyright, trademarks, design rights, patents, trade secrets and confidential information whether registered or unregistered.

Loss or Damage means any direct, indirect, incidental, punitive, special, or consequential loss or damages of any kind, including but not limited to, any loss of profits, revenue, savings, loss of data, loss of enjoyment, virus to systems, personal injury, death, property damage and legal costs.
Materials means any of our Materials and any and all program and program materials, and anything provided to you during the program.
Moral Rights means any moral rights as defined under the Copyright Act 1968.
Program means Bump and Beyond Postnatal Care, Bump and Beyond Mothers Group, Bump and Beyond Antenatal Program and includes all Materials.
We, us, or our means Olivia McGowan t/as Bump and Beyond [ABN 87286694839 ] and includes any of our directors, officers, employees, agents, partners, contractors.
Website and Services means www.bumpandbeyond.com.au, and everything available on this website including, but not limited to, all Programs.