Terms and Conditions

By using this website and/or acquiring the Services from us, you agree to comply with these terms and conditions and our privacy policy.

Definitions

“Members” means other users of our website or Services.

“Products” means products offered for sale on this website from time to time, including merchandise, magazines or accessories.

“Services” means an online community connecting local mothers with each other, including our Facebook group, and in-person meet ups facilitated by us.

“We” means Centre of Perinatal Excellence Ltd (ABN 50 203 962 931).

“You” means any user of this website or our Services.

Nature of Information

Any information provided under this website, including blog posts, or as a result of the use of our Services are of a general nature only.

Use of Our Services

1. You must be at least 18 years of age to use our Services.
2. If you are a Mama Tribe ambassador, you will be required to register an account with us by providing your email address and creating a password. By registering an account, you agree that all information provided by you is true and correct and that you will maintain and update this information as required in order to keep it current, complete, and accurate.
3. You are solely responsible for maintaining the confidentiality of your password and account and for any and all statements made and acts or omissions that occur through the use of your password and account. Therefore, you must take steps to ensure that others do not gain access to your password and account. You may not transfer or share your account with anyone, and we reserve the right to immediately terminate your account if you do transfer or share your account.
4. You understand and agree that you are solely responsible for your use of the Services and your personal safety when attending any meet ups, and must obey any local laws or venue policies.
5. In using our Services and attending any meet ups, you agree to treat all other Members with respect and courtesy.
6. You must not provide any health or medical advice or information from or to other Members. We accept no responsibility for any such health or medical advice or information that is provided in breach of these terms and conditions.
7. You must not threaten, bully, intimidate or harass any Members. We may immediately terminate your access to the Services for a breach of this clause.
8. We are not a party to and may not attend meet ups that occur between you and other Members. We do not conduct background checks on Members or make any representations or warranties concerning the conduct of any Members or their interactions with you.
9. However, if you have any concerns regarding the conduct of other Members, please report it to us immediately. For privacy reasons, we may not be able to advise you of the outcome of your report.
10. Mama Tribe supports the Australian Government National Immunisation Program Schedule, however does not screen members for immunisations. Mama Tribe does not accept any responsibility for your child’s health and it is your responsibility to take any necessary precautions and make such enquiries as you would in any public space. Should you have any concerns regarding your child’s immunity, please contact a medical professional.
11. To provide you with the Services, we operate and administer a Mama Tribe Facebook group. Your use of and participation in our Facebook group is subject to the rules set out in the Facebook group as well as these terms and conditions.

Online Purchases

1. When purchasing a Product from this website, the price for the Product and any shopping or delivery costs will be displayed. Prices are in Australian dollars and excluding GST unless otherwise stated.
2. You will be required to pay for the Product in full at the time of placing your order. Payment is accepted by PayPal, debit card or credit card.
3. When you place an order to purchase a Product, you will receive a confirmation email from us. Your order is not accepted by us until shipped or delivered and we are not obliged to supply the Product to you until we have accepted your order.
4. We may, in our discretion, refuse to accept an order from you if stock for that Product is unavailable.
5. We will use our best endeavours to deliver the Product to you at the place of delivery specified by you within the time indicated by us at the time of your order, but we cannot guarantee any delivery times.
6. You may grant us an authority to leave the Product when placing your order. If you do, you understand and agree that this authority gives us and/or our couriers permission to leave the Product unattended at the place specified by you (for example, at the front door) without obtaining a signature confirming delivery. In such circumstances, you understand and agree that by granting us authority to leave, we and our couriers are released of all responsibility and liability for the Products delivered and left unattended, and that this responsibility and liability transfers to you on delivery.
7. All risk in the Product shall pass to you upon delivery. You must immediately check the Product upon delivery and advise us of any faults or damage. It is your responsibility to take care when opening the Product or packaging so as not to damage it. From the time when risk passes to you, we will not be liable for loss or damage to the Product.
8. If you have received a Product with a fault, damage or defect, please contact us immediately and provide evidence of the fault, damage or defect along with proof of purchase.
9. If the Product is confirmed to be faulty, damaged or defective, we will exchange the Product or refund the price of the Product to your original payment method at your request. The faulty Product must be returned to us prior to us processing your exchange or refund.
10. We do not offer refunds or exchanges for change of mind.
11. Nothing in this clause is intended to exclude any of your statutory rights as a consumer under Australian Consumer Law.

Use of This Website

12. Whilst we will use our best endeavours to ensure that this website is free from viruses, we make no such warranty that it is, and it is your responsibility to ensure that this website does not expose you to any viruses or other code that is harmful or may cause harm.
13. You must only use this website for lawful purposes, which may include:
    • browsing any part of this website solely in order to view it;
    • using our Services; or
    • purchasing Products.
14. Email addresses, contact forms and any other communication forms that appear on this website are for professional communications only and must not be used to send unsolicited messages.
15. You must not in any way reproduce, publish, communicate or adapt any part of this website, including these terms and conditions, without our prior written consent. Unless otherwise indicated, we own or license all copyright in this website and its contents, and reserve all rights in relation to copyright material.

Intellectual Property

1. All copyright, trademarks, design rights, patents and other intellectual property rights (whether registered or unregistered) in the Services and Products belong to us.
2. By creating an account, we grant you a limited, revocable, personal, non-transferable, and non-exclusive right and license to access and use the Services.
3. You must not copy, modify, create a derivative work from, reverse engineer, sell, assign, sublicense, grant a security interest in, or otherwise transfer any right in the Services to anyone else.

Indemnity

You agree to indemnify and hold us harmless from all liabilities, claims, and expenses, including legal fees, that arise from your use or misuse of this website or our Services or your breach of these terms and conditions.

Limitation of Liability

1. To the extent permitted by law, we make no warranty or representation about the accuracy, completeness or fitness for any purpose of the contents of this website or our Services. Any condition or warranty regarding this website or our Services that would otherwise be implied (by statute or otherwise) into these terms and conditions is excluded.
2. This website may contain links to external websites. We do not control the content of those websites or endorse them in any way and accept no liability in relation to the quality or accuracy of any content on other websites or of any breaches of law by those other websites.
3. To the extent permitted by law, we accept no responsibility and exclude all liability to you on any basis (including negligence) for any loss or damage, however caused, which you may suffer in relation to your use of this website or the Services. Any liability in connection with this website and the use of the Services under any statutory right (including any condition or warranty implied by law or any guarantee or other right under any statute) that cannot be excluded is limited to the resupply of the Services or the payment of the reasonable cost of same.

General

1. We may, in our absolute discretion, change these terms and conditions from time to time without notice to you.
2. Parts of this website may not be updated regularly and may therefore be out of date.
3. If any part of any of these terms and conditions is void, then the part that is void may be severed.
4. These terms and conditions, your use of this website and Services and any dispute arising out of these are governed by the laws of Victoria, Australia.