Privacy, Terms of Use Agreement and Terms & Conditions

Welcome to The Baby Manual’s e-learning web site (the-baby-manual.thinkific.com) (hereafter the “Site”). Please read this Privacy, Student and Terms of Use Agreement (hereafter Agreement) carefully before using this Site. By using the Site, you accept and agree to the terms and conditions contained hereunder and those referred to in this Privacy, Student and Terms of Use Agreement. If you do not agree to these terms and conditions (the “Terms”), please do not use the Site. We may change the Terms from time to time, and it is your responsibility to review them periodically to make sure that you are current on the guidelines.

General

This Site is owned and operated by The Baby Manual and MotherNurture Midwifery Service, 89 Pine Avenue, Glenelg SA 5045. The Site offers Users (as defined below) access to information, resources and other content assets owned or licensed by The Baby Manual.

Please note that all visitors and students in any category will be referred to hereafter as “User” in this Agreement. Each User must be 18 years or older to establish a “Student Profile”. “Student Profile” means the account (the “Account”) registered to any User pursuant to the registration procedures for the Site. The Terms of this Agreement apply to all Users. The User for any Student Profile Account is entirely liable for all activities conducted through that Account.

Personal Information

When you register yourself as a Student of The Baby Manual you must provide the requested contact information and general information about you. We will also ask you to create a Username and Password. This information allows us to maintain a Student Profile for each Student so that we have a better understanding of the needs of our Students so we can then customise preferences for each specific Student, as well as provide better Sites and more efficient methods for Users to contribute and receive information. At the end of your eight (8) weeks as a registered Student, you will have access to the content for a further four (4) weeks after which time your login access to The Baby Manual program will end. We may use the information we collect during the registration process to occasionally notify you about important functionality changes to the Website and new Sites from The Baby Manual or MotherNurture

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Non-transferability of Student Login

As a registered Student of this Site, The Baby Manual grants you a personal, non-exclusive, non-assignable, and non-transferable license to use and display the information offered by the Site on any machine(s) of which you are the primary user. You acknowledge that you may not sublicense, transfer, sell, or assign this license or the Site without written authorisation from The Baby Manual. Any attempt to sublicense, transfer, sell, loan, or assign the license may result in its immediate termination.

Intellectual Property Rights

Users of the Site acknowledge that the duplication and/or redistribution of content, information, data, or other intellectual property gained through exclusive access to the Site to any other party would be a violation of applicable copyright laws and therefore would cause harm to the Site. Students hereby agree that duplication and/or redistribution of any materials to any non-student shall require prior written authorisation from a Director of The Baby Manual. It is further agreed, that any specific instance in which written authorisation is granted by the Site, does not authorise the Student to duplicate and/or redistribute any other material than that for which written authorisation was granted.

Security

As part of the registration process each Student will select a Username and Password. You shall provide The Baby Manual with accurate, complete, and updated information. You agree to notify The Baby Manual by email at donna@thebabymanual.com.au of any known or suspected unauthorised use(s) of your User Account, or any known or suspected breach of security, including loss, theft, or unauthorised disclosure of your Username and/or Password. You shall be responsible for maintaining the confidentiality of your Password. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your User Account, at The Baby Manual’s sole discretion, and you may be reported to appropriate statutory authorities.

Personal Information Security

The Baby Manual implements a variety of standard web security measures to maintain the safety and security of your personal information. Any personal information you provide to become a Registered Student will be protected by secured networks and is only accessible by a limited number of administrators who have special access rights to such systems. We recommend that, if you share your computer or use a computer that is accessed by the general public (i.e., a University or library, etc.), you close your browser window when you have finished your session. This will help to ensure that others cannot access your personal information.

Personal Information to Other Parties

The Baby Manual does not sell or otherwise transfer email addresses or other general information that visitors voluntarily provide in any registration process. This information is collected and used to better understand Users’ use of the Site and to support related transactions made on the site. The Baby Manual may also use email addresses and other personally identifiable information to communicate with Users who initiate communications with The Baby Manual.

The Baby Manual may disclose your personally identifiable information if we believe in good faith that we are required to do so in order to comply with applicable law, a court order or other legal process. We may also disclose this information if we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be violating our terms of Site or to protect the safety of our Users and the public.

Termination of Students

The Baby Manual course is effective until terminated by either party. Paid subscriptions to the course are effective until they expire, at which time they are terminated by either party. Although it is assumed that all students will remain active for up to sixteen (16) weeks (this includes six (6) weeks of content access post completion of the e-course), you may terminate your subscription and your right to use the Site at any time by sending a letter to The Baby Manual stating your reasons for terminating. The Baby Manual may terminate your account or access rights to this Site immediately without notice, if in The Baby Manual’s sole discretion, you fail to comply with any term or provision of this Agreement. Upon termination, you must destroy all materials obtained from this Site and all copies thereof. The Baby Manual may terminate the Site, or any element of the Site, at any time without notice. Refunds will not be issued for cancelled or terminated subscriptions.

Refund

If for any reason you’re not satisfied with your purchase of the Baby Manual e-course you can request a full refund within the first seven (7) days of paying for the subscription.

Third Party Links

In an attempt to provide increased value to Users, The Baby Manual may provide various third party website links from this website. However, even if the third party is affiliated with The Baby Manual, The Baby Manual has no control over these linked sites who may each have separate privacy and data collection practices, and which are independent of The Baby Manual. Neither The Baby Manual nor any of its affiliates and contractors, have any responsibility or liability for these independent policies or actions and no such party is responsible for the privacy practices or the content of such websites. These linked sites are only for your convenience and you therefore access them at your own risk. Nonetheless, The Baby Manual seeks to protect the integrity of its website and the links placed upon it and therefore requests feedback on not only its own site, but for sites it links to as well (including if a specific link does not work.)

Third Party Content

We are a distributor of content supplied by third parties. Any opinions, advice, statements, offers, or other information or content expressed or made available by third parties, or any other user of the Site, are those of the respective author(s) or distributor(s) and not of The Baby Manual.

Solicitation and Advertising

You may not use this Site to send unsolicited advertising, promotional material, or other forms of solicitation to other users except in specific areas designated for such a purpose.

Infringement

You are prohibited by this Terms of Use Agreement and by law from engaging in acts of copyright, trademark, patent, trade secret or other intellectual property or proprietary infringement.

Adult and Offensive Material

The Baby Manual prohibits the transfer or posting on this Site of nudity, pornographic or adult material, sexually explicit images or descriptions involving sexual behaviour, or other content deemed discriminatory or offensive by The Baby Manual according to community standards and applicable laws and regulations.

Disclaimer of Warranty; Limitation of Liability

Each User expressly agrees that use of the Site is at his or her sole risk. We do not warrant that the Site will be uninterrupted or error free; nor do we make any warranty as to the results that may be obtained from use of the Site. The disclaimer of liability contained in this section applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorised access to, alteration of, or use of record, whether for breach of contract, negligence, or under any other cause of action. Each User specifically acknowledges that The Baby Manual is not liable for the defamatory, offensive or illegal conduct of other third parties, subscribers, or other Users of the Site and that the risk of injury from the foregoing rests entirely with each User. Subject to the maximum permitted exclusions applicable by law in no event will The Baby Manual or any person or entity involved in creating, producing or distributing the Site be liable for any direct (including loss of profit and/or revenue), indirect, incidental, special or consequential loss or damages arising out of the use of or inability to use the Site or out of the breach of any warranty.

Each User hereby acknowledges that the provisions of this section shall apply to all content on the Site. The Baby Manual is not responsible for any offensive, defamatory or obscene posting made on the Site by anyone other than its directors, employees, agents, advisers and consultants while acting in their official capacities. Under no circumstances will The Baby Manual be liable for any loss or damage caused by reliance on information obtained through postings on the Site.

The Baby Manual does not endorse, warrant or guarantee any product or Sites offered by a third party through the Site and will not be a party to or in any way monitor any transaction between Users and third party providers of products or Site. As with the purchase of a product or Sites through any medium or in any environment, each User should use her or her best judgment and exercise caution where appropriate. Each User specifically acknowledges that in no event will The Baby Manual, our affiliates, nor any of their respective employees or agents be liable for any direct, indirect, incidental, special or consequential loss and/or damages arising out of (i) the use by such user of any browser owned or operated by any third party and/or (ii) the downloading of any software owned or operated by any third party.

The Baby Manual content has been prepared to provide new mothers with general information only relating to newborn care. The content is for informational purposes only and is not to be taken as individual medical management advice. While we endeavor to ensure the accuracy of all information, The Baby Manual makes no representation or warranty as to the accuracy, reliability or completeness of this e-course or information relating to newborn care or postnatal recovery.

The Baby Manual customers should not treat the contents of this class as individual medical management or advice and should consult their own advisers. The Baby Manual and its directors, employees, agents, advisers and consultants shall have no liability (including liability to any person by reason of negligence or negligent misstatement) for any statements, opinions, information or matters (expressed or implied) arising out of, contained in or derived from, or for any omissions from, this e-course or any information provided to clients of The Baby Manual or their advisers, except liability under statute that cannot be excluded.

Monitoring

We shall have the right, but not the obligation, to monitor the content of the Site to determine compliance with this Agreement and any other operating rules including our Content Standards as updated from time to time and established by us. We shall have the right in our sole discretion to edit, refuse to post or remove any material submitted to or posted on the Site. Without limiting the foregoing, we shall have the right to remove any material that we, in our sole discretion, find to be in breach of the provisions hereof or, otherwise objectionable. Notwithstanding this right, Users shall remain solely responsible for the content of their messages. Each User acknowledges and agrees that neither The Baby Manual nor any third party content provider shall assume or have any liability for any action or inaction by The Baby Manual or any third party content provider with respect to any conduct, communication or posting on the Site.

Policy Changes

By using the Site, Users consent to the collection and use, as described herein, of information by The Baby Manual and its affiliates. If we decide to change this Privacy, Studentship and Terms of Use Agreement, we will post those changes on this page so that you are always aware of how we use information we collect, and under what circumstances we disclose it.

Feedback

The Baby Manual welcomes your questions, comments, and concerns about this Site, and our Privacy, Terms of Use Agreement and Terms & Conditions. If you have questions or need more information, please email donna@thebabymanual.com.au