Terms of use

These Terms of use ("Terms") govern your use of the My Midwives online classes website located at www.classes.mymidwives.com.au ("Site") and form a binding contractual agreement between you, the user of the Site ("you") and us, My Midwives ("us" or My Midwives").

These terms are important, and you should ensure that you read them carefully and contact us with any questions before you use the Site. You can contact us via [email protected] or 1300 982 951. By using the Site you acknowledge and agree that you have had sufficient chance to read and understand the Terms and you agree to be bound by them. If you do not agree to the Terms, please do not use the Site.

Your access to and use of the Site is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all users and others who access or use the Site.

The information on this Site is intended for general reference purposes only and is not intended as a substitute for medical advice, diagnosis and treatment. Always seek advice from a qualified health practitioner for any specific advice. Appropriate professional medical advice should be sought for taking any action in relation to any of the subject matter contained on this Site.

The information has been drawn from a variety of sources and is made available. My Midwives makes every reasonable effort to maintain current and accurate information. However, accepts no responsibility for the accuracy or completeness of any material contained in this website and specifically disclaims any liability, loss or risk, personal or otherwise, which is incurred as a consequence, directly or indirectly of the use and application of any of the content of the Site. Users should obtain any appropriate professional and medical advice relevant to their particular circumstances.

Links to other websites are included for convenience and do not constitute an endorsement of material at those sites, or any associated organisation, products or service.

1. Licence to use Site

   1. We grant you a non-exclusive, worldwide, non-transferable licence to use the Site in accordance with the terms and conditions set out in this Agreement.

   2. You may access and use the Site (including any incidental copying that occurs as part of that use) in the normal manner for an unlimited time for your own personal, non-commercial use.

   3. You must not add any content to the Site:

      1. that would cause you or us to breach any law, regulation, rule, code or other legal obligation.
      2. that is or could reasonably be considered t be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy.
      3. that would bring us, or the Site, into disrepute; or
      4. that infringes the intellectual property or other rights of any person.

   4. The Site contains links to other websites as well as content added by people other than us. We do not endorse, sponsor or approve any such user-generated content or any content available on any linked website.

   5. You acknowledge and agree that:

      1. we retain complete editorial control over the Site and may alter, amend or cease the operation of the Site at any time in our sole discretion; and
      2. the Site will not operate on a continuous basis and may be unavailable from time to time (including for maintenance purposes).

2. Intellectual Property Rights

   1. Nothing in these Terms constitutes a transfer of any intellectual property rights. You acknowledge and agree that, as between you and us, we own all intellectual property rights on the Site.

   2. You consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you add any content in which any third party has moral rights, you must also ensure that the third party also consents in the same manner.

   3. The licence in clause 2.2 will survive any termination of these Terms.

   4. You agree that any reproduction of material from this site must be only for personal, non-commercial use and must ensure that My Midwives is appropriately acknowledged.

3. Warranties

   1. You represent and warrant to us that:

      1. you have the legal capacity to enter these Terms; and
      2. you have complied with clause 1.3

4. Changes

   1. My Midwives reserves the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is a material, we will try to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

5. Terminantion

   1. My Midwives may terminate or suspend access to our Site immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

   2. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

6. Refund Policy

   1. Please choose carefully as all purchases of online classes on the Site are final. Unless there are reasonable circumstances, My Midwives does not give refunds if you change your mind once you have purchased class from the Site unless required in accordance with the Australian Consumer Law. Once you purchase the program and we make it available to you, you are responsible for confirming your ability to access the Site.

   2. Once purchased, you bear all risks or loss therefore after, including any loss due to computer hard drive malfunction. If you are unable to access the Site please check our FAQ s or otherwise contact us at [email protected] for assistance.

   3. If you wish to apply for a refund, please send a written request to [email protected] and the staff member will respond with 2 business days.

7. Links to other websites

   1. Our Site may contain links to third-party web sites or services that are not owned or controlled by My Midwives.

   2. My Midwives has no control over and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that My Midwives shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

8. Liability

   1. To the full extent permitted by law, we exclude all liability in respect to loss of data, interruption of business or any consequential or incidental damages, any reliance on any information set out in this site.

   2. To the full extent permitted by law, we exclude all representations, warranties or terms (whether express or implied) other than those expressly set out in these Terms.

   3. These Terms are to be read subject to any legislation which prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions, guarantees or obligations If such legislation applies, to the extent possible, we limit our liability in respect of any claim to, at our option:

      1. in case of services:
      2. the supply of these services again; or
      3. the payment of the cost of having the services supplied again

9. General

   1. You must not assign, sub-licence or otherwise deal in any other way with any f your rights under these Terms.

   2. If a provision of these Terms is invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.

   3. Each party must at its own expense do everything reasonably necessary to give full effect to this Agreement and the events contemplated by it.

   4. This Agreement is governed by the laws of Queensland and each party submits to the jurisdiction of the courts of that State.