Welcome to Lucy Lou ‘Mother Nurture’! We provide women with regular information and resources relevant to their stage in pregnancy to help on this life changing journey.
This online platform (Platform) is operated by Lucy Lou ‘Mother Nurture’ ABN 49 143 420 594 (we, our or us). It is available via our website located at www.lucyloumothernurture.com and may be available through other addresses or channels including any future mobile application.
We set out on the Platform the various ways in which we can assist you (our Services), including the packages with different options and inclusions that we offer to you (Packages/Offers). Generally, we offer Packages/Offers focussing on full pregnancy, childbirth and parenting education.
Depending on the Package/Offer, we may offer materials, resources, information, videos, podcasts, graphics, regular (often weekly) email/SMS/other electronic communications and other types of media as well as User Content (together the Content).
DISCLAIMER
Neither we nor our personnel are medical practitioners, and do not give medical advice, treatment, cures or diagnoses. Our Content, and any other information provided through the Platform is intended to provide you resources for your pregnancy journey. You acknowledge and agree that nothing in the Platform or in the Services we provide may be taken to be medical advice, treatment, cures or a diagnosis by us or our personnel, nor are they intended to be a substitute for consulting a medical practitioner. Our Content is general and cannot substitute for the advice of a medical practitioner.
You should seek immediate medical attention if you believe you may be suffering from a medical condition.
Acceptance
You accept these terms and conditions, including any policies, codes of conduct or other terms set out on the Platform (Terms), by accessing and/or using our Platform. You must not use the Platform unless you are at least 13 years old.
Signing up to our Platform
To access the Platform, you must create an account (Account), choose your Package/Offer and pay your Package/Offer Fee.
You must provide basic information when registering for an Account including name, email address, date of birth, estimated due date and other information and you must choose a password. Depending on the Package/Offer you choose, you may also be asked to provide your number of weeks’ gestation and/or your baby’s birth date. You must provide accurate, current and complete information during the registration process and you must update such information to keep it accurate, current and complete.
You are responsible for keeping your Account details and your password confidential and you will be liable for all activity on your Account, whether or not you authorised such activities or actions. You will immediately notify us of any unauthorised use of your Account. At our sole discretion, we may refuse to allow any person to register or create an Account.
Using the Platform and our Services
Your Package/Offer will cover a set time frame as described on our Platform. For example, our full pregnancy and birth module will give you access from the date you make payment until two weeks after your estimated due date. If you subscribe part way through your pregnancy, your Package/Offer will not be extended past two weeks after your estimated due date however you will have access to all resources up to the current stage of your pregnancy.
All our Content is subject to strict copyright rules and you agree not to share this Content with any third party. You can read more about our Intellectual Property rights below.
You acknowledge and agree that our Services and the Platform may not consider all of your personal attributes, medical conditions or circumstances, and in some cases may not be accurate for you.
Information: The Content is not comprehensive and is for general information purposes only. It does not consider your specific needs, objectives or circumstances, and is not advice. While we use reasonable attempts to ensure the accuracy and completeness of the Content, we make no representation or warranty regarding it, to the extent permitted by law. The Content is subject to change without notice. However, we do not undertake to keep our Platform up-to-date and we are not liable if any Content is inaccurate or out-of-date.
Nutritional Information: We take our nutritional information from third party resources and government websites. Before relying on any nutritional information, you should consult your medical practitioner or seek expert advice to ensure your specific circumstances are considered. We cannot warrant that any information is free from error or suitable for your purposes.
Referrals: If we refer you to a third party resource, medical practitioner or official body, this is not intended to be and should not be construed as an endorsement, promotion or recommendation from us.
Fees
You must pay us the fees set out on the Platform in relation to your chosen Package/Offer (Package/Offer Fee) in order to receive the Services outlined in your Package/Offer, via Credit Card, PayPal or eWAY, or any other method set out on the Platform. All Package/Offer Fees are payable in advance of receiving the Services provided as part of the Package/Offer.
To the maximum extent permitted by law, and subject to your Statutory Rights, all Package/Offer Fees are non-refundable.
The Package/Offer Fee includes GST. You are responsible for all taxes, levies or duties imposed by taxing authorities in your own country, and you shall be responsible for payment of them. We have no responsibility to them on your behalf.
Refund and Cancellation Policy
We do not accept refunds of the Package/Offer Fee for change of mind. If you suffer a complication and lose your pregnancy, we won’t abandon you. If you notify us, we will give you access to a special package on grief and loss with expert advice and you will be able to re-access your Package/Offer when you become pregnant again.
Collection Notice
We collect personal information about you in order to enable you to access and use the Platform and our Services, to contact and communicate with you, to respond to your enquiries and for other purposes set out in our Privacy Policy.
We may disclose that information to third party service providers who help us deliver our services (including information technology service providers, data storage, web-hosting and server providers, professional advisors, third party payment processors and our business partners) or as required by law. If you do not provide this information we may not be able to provide you with access to our Platform. In certain circumstances, we may disclose your personal information to third parties located, or who store data, outside Australia.
Our Privacy Policy contains further information about (1) how we store and use your personal information; (2) how you can access and seek correction of your personal information; (3) how you can make a privacy-related complaint; and (4) our complaint handling process.
By providing personal information to us, you consent to us collecting, holding, using and disclosing your personal information in accordance with our Privacy Policy.
Prohibited conduct
You must not do, or attempt to do, anything that is unlawful; anything prohibited by any laws which apply to our Platform or which apply to you or your use of our Platform; anything which we would consider inappropriate; or anything which might bring us or our Platform into disrepute, including (1) anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual's consent) or any other legal rights; (2) using our Platform to defame, harass, threaten, menace or offend any person; (3) interfering with any user using our Platform; (4) tampering with or modifying our Platform, knowingly transmitting viruses or other disabling features, or damaging or interfering with our Platform, including using trojan horses, viruses or piracy or programming routines that may damage or interfere with our Platform; (5) anything that might violate any local, state, national or other law or regulation or any order of a court, including privacy regulations; (6) using our Platform to send unsolicited email messages; or (7) facilitating or assisting a third party to do any of the above acts.
Intellectual Property rights
We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Platform in accordance with these Terms. All other uses are prohibited without our prior written consent.
Unless otherwise indicated, we own or license all rights, title and interest (including intellectual property rights) in our Platform and all of the Content. Your use of our Platform 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.
Except as otherwise permitted in these Terms or on our Platform, you must not, without the prior written consent of ourselves or the owner of the Content (as applicable) (1) copy or use, in whole or in part, any Content; (2) reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party; or (3) breach any intellectual property rights connected with our Platform, including by (a) altering or modifying any of the Content; (b) causing any of the Content to be framed or embedded in another website; or (c) creating derivative works from the Content. For the avoidance of doubt, you must not forward our email communications to another person, allow another person to access your Account, publish on social media or another website any of our Content or use our logo or trademark in any way to market or promote any goods or services.
User Content
You may be permitted to post, upload, publish, submit or transmit relevant information and content, including updates about your health journey and any medical details (User Content) on our Platform. By making available any User Content on or through our Platform, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, and modify such User Content on, through, or by means of our Platform.
You agree that you are solely responsible for all User Content that you make available on or through our Platform. 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 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.
We do not endorse or approve and are not responsible for any User Content. We may, at any time at our sole discretion, remove any User Content.
Consumer Guarantees
Certain legislation including the Australian Consumer Law in the Competition and Consumer Act 2010 (Cth), and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to our provision of our services which cannot be excluded, restricted or modified (Statutory Rights).
Our goods and services (including the Content provided through the Platform) come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement (or resupply in the case of services) or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced, or the services resupplied, if the goods or services fail to be of acceptable quality and the failure does not amount to a major failure.
Nothing in these Terms excludes your Statutory Rights as a consumer under the Australian Consumer Law.
Liability
Despite anything to the contrary, to the maximum extent permitted by law, we will not be liable for, and you waive and release us from and against, any Liability caused or contributed to by, arising from or connected with (1) your acts or omissions; (2) any use or application of the Platform by a person other than you, or other than as reasonably contemplated by these Terms; (3) any works, services, goods, materials or items which do not form part of the Platform, or which have not been provided by us; (4) any defect, error, omission or lack of functionality or suitability (or the absence of, or reduction in, any anticipated result, outcome or benefit) with respect to the Platform; (5) the Platform being unavailable, or any delay in us providing our services to you, for whatever reason; and/or (6) any event outside of our reasonable control. We do not warrant the Platform will be error-free or uninterrupted. The Platform and the Content are delivered “as-is” and “as-available”. We cannot guarantee that you will receive email communications from us as we are dependent on Third Party Inputs.
This clause will survive the termination or expiry of these Terms.
Limitations on Liability
Despite anything to the contrary, to the maximum extent permitted by law and whether under statute, contract, equity, tort (including negligence), indemnity or otherwise, (1) our maximum aggregate Liability arising from or in connection with these Terms will be limited to us resupplying our services to you or, in our sole discretion, to us repaying you the amount of the Package/Offer Fees paid by you to us in respect of the supply of the relevant Services to which the Liability relates; and (2) we will not be liable to you for any loss of profit (including anticipated profit), loss of benefit (including anticipated benefit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated savings), loss of reputation, loss of use and/or loss or corruption of data.
This clause will survive the termination or expiry of these Terms.
Warranties and Indemnities
You represent, warrant and agree that (1) you have full legal capacity, right, authority and power to enter into these Terms and to perform your obligations under these Terms or (if you are under 18 years old) you have your parent’s or legal guardian’s permission to access and use the Platform and they have agreed to these Terms on your behalf; and (2) these Terms constitute a legal, valid and binding agreement, enforceable in accordance with its terms.
You acknowledge and agree that (1) you use the Platform or our services at your own risk; and (2) the provision of the Platform or our services may be contingent on, or impacted by, third parties, suppliers or other subcontractors (Third Party Inputs), and despite anything to the contrary, the maximum extent permitted by law, we will not be responsible and will have no Liability for any default or breach of these Terms or any law if such default or breach was caused or contributed to by any Third Party Inputs.
You agree that, to the maximum extent permitted by law, these Terms exclude all terms, conditions and warranties implied by statute, in fact or on any other basis, except to the extent such terms, conditions and warranties are fully expressed in these Terms.
Indemnity: To the maximum extent permitted by law, you must indemnify us, and hold us harmless, against any Liability suffered by us arising from or in connection with your use of our Platform or any breach of these Terms or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end. It is not necessary for us to suffer or incur any Liability before enforcing a right of indemnity under these Terms.
This clause will survive the termination or expiry of these Terms.
Termination
You may cancel your Account and terminate these Terms at any time via the “Cancel Account” feature (or similar) on our Platform or by sending us an email to the address at the end of these Terms. To the extent permitted by law, subject to your Statutory Rights, no refunds will be made upon cancellation.
At our sole discretion, we may suspend your Account or terminate these Terms immediately if you are in breach of these Terms (including for non-payment of our Package/Offer Fees), any applicable laws, regulations or third-party rights.
We may also terminate these Terms without cause by giving you 7 days’ notice. If we do so, we will refund to you any Package/Offer Fees paid in advance by you in connection with the unused portion of the Services.
General
Disputes: In the event of any dispute arising from, or in connection with, these Terms (Dispute), the party claiming there is a Dispute must give written notice to the other party setting out the details of the Dispute and proposing a resolution. Within 7 days after receiving the notice, the parties must meet at least once to attempt to resolve the Dispute or agree on the method of resolving the Dispute by other means, in good faith. All aspects of every such conference, except the fact of the occurrence of the conference, will be privileged. If the parties do not resolve the Dispute or (if the Dispute is not resolved) agree on an alternate method to resolve the Dispute, within 21 days after receipt of the notice, the Dispute may be referred by either party (by notice in writing to the other party) to litigation.
Third party sites: Our Platform may contain links to websites operated by third parties. Unless expressly stated otherwise, we do not control, endorse or approve and are not responsible for the content on those websites. You should make your own investigations with respect to the suitability of those websites.
Discontinuance: We may, at any time and without notice to you, discontinue our Platform, in whole or in part. We may also exclude any person from using our Platform, at any time at our sole discretion. We are not responsible for any loss, damage or expense, howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent (Liability) you may suffer arising from or in connection with any such discontinuance or exclusion.
No commercial use: Our Platform is for your personal, non-commercial use only. You must not use our Platform, or any of the Content, for commercial purposes, including any advertising or advertising revenue generation activity on your own website, without obtaining a licence to do so from us.
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 Liability we suffer, and hold you accountable for any profits that you may make from non-permitted use.
Price variation: We may modify the Package/Offer Fees from time to time upon notice to you. Any revised Package/Offer Fees will apply from the time you purchase a new Package/Offer.
Variation: We may modify these Terms from time to time by notifying you by email. By continuing to use the Platform after such modification, you agree to the amended terms. If you do not agree to the modifications, you must terminate your Account and stop using the Platform. In the event that we modify these Terms and you believe the modification causes you material detriment, you may terminate your Account and we will refund to you Package/Offer Fees paid in advance by you in connection with the unused portion of the Services.
Assignment: You may not assign, transfer or delegate your rights and obligations under the Terms without our prior written consent. We may without restriction assign, transfer or delegate our rights and obligations under these Terms with 30 days prior notice.
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.
Jurisdiction: Your use of our Platform and these Terms are governed by the laws of New South Wales, Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in New South Wales and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.
For any questions and notices, please contact us at:
Lucy Claire Hercus, t/a Lucy Lou ‘Mother Nurture’ ABN 49 143 420 594
Email: This email address is being protected from spambots. You need JavaScript enabled to view it.
Last update: 10 February 2020
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