Terms of Use for this Website and our Online Education Courses

 

 

  1. Introduction
    • Welcome to our Portal - AMBC Education
    • This Portal allows you to access Content in the way of online education courses. These courses cover topics such as looking after yourself, your family and your baby and to assist in making the transition to parenthood an easier process.
    • These Terms, together with the terms you have accepted when creating an account to access the Portal (Sign Up Terms), set out the sole legal terms and conditions in respect of the Portal and Content.
    • If you do not agree to these Terms, you must not use the Portal or Content.
  2. Important Information
    • All Content on the Portal:
      • is provided as general guidance only and may not apply to you or your baby’s situation and circumstances;
      • DOES NOT CONSTITUTE MEDICAL ADVICE; and
      • should not be used for any specific purpose or in substitution for medical advice.
    • You should never delay seeking medical advice, disregard medical advice, or discontinue medical treatment because of any Content you have obtained from the Portal.
    • If you have any medical concerns, you should seek medical advice from a medical practitioner as soon as possible.
  3. Access and Use
    • You may access the Portal subject to your compliance with the Terms and the Sign Up Terms including as to the fees you must pay us as set out in the Sign Up Terms.
    • You must keep any passwords to access the Portal safe and you must not allow any third party to access the Portal using your login details.
  4. Linked Sites and Resources
    • Linked Sites and Resources accessible via the Content are provided for your convenience only.
    • Any Linked Site that you access from the Portal is owned and operated by an independent party over which we have no control. Any Linked Site that you access through this Portal is done at your own risk. Be aware that Linked Sites will not be subject to these Terms and will be governed by the terms of the Linked Site, including those related to confidentiality, data privacy and security.
    • We are not in any way associated with the owner or operator of Linked Sites or responsible or liable for the content you may access from such Linked Sites.
  5. Liability, Release and Limitation of Liability
    • While we take reasonable care to ensure that content on this Portal and the Content is correct, current and free from errors, we do not guarantee the accuracy, currency, reliability, fitness for purpose and completeness of the Portal or the Content. As such, to the extent permitted by law, (a) we make no representations and give no warranty in respect of the condition, character, accuracy, currency and efficiency for purpose of this Portal, the Content or any Linked Site; and (b) you release us from any liability for any loss or damage which may directly or indirectly result from your reliance on the Portal or Content.
    • To the fullest extent permitted by law:
      • all conditions and warranties concerning the Portal and Content (whether as to quality, outcome, fitness, care, skill or otherwise) expressed or implied by statute, common law, equity, trade, custom or usage or otherwise are expressly excluded;
      • to the extent any statutory warranties cannot be excluded in respect of the supply by us of the Portal and Content or otherwise for any claim you bring against us in respect of these Terms, the Portal or Content (including in negligence), our liability to you is limited to:
        • the cost of supply any services or goods to you again; or
        • the payment of having those goods or services supplied to you again;
      • in no event will our liability to you exceed the total fees you have paid to us for the use of the Portal and the Content on the same; and
      • in no event will we, our officers, employees, agents be liable to you for any consequential loss, indirect or special loss or damages.
  1. Copyright and Intellectual Property Rights
    • We own or have licences to all of the intellectual property in the Portal and the Content including copyright in the same under the Copyright Act 1968 (Cth).
    • We grant you a limited, non-exclusive licence for the term you are authorised to use the Portal and Content, to use the Portal and Content solely for your own personnel use and needs. To avoid doubt, you have no right to distribute, licence, transfer or make available (including by linking or publishing any of the Content online) the Portal or the Content to any third party.
    • You must not use any Content to create, distribute or commercialise any content which competes with, or which can be used in substitution for, the Content. You must not create derivative work from any Content you obtain from the Portal.
    • If you have any queries regarding the use of the Content please contact us by emailing [email protected] or calling (08) 8166 4381 (opt 2).
    • You acknowledge that we have invested considerable time, cost and effort into creating the Portal and the Content. As such, you should be aware we will strictly enforce our rights against you, if your breach your obligations under this clause ‎6.  You indemnify us for any breach by you of this clause ‎6. 
  2. Termination
    • We reserve the right to terminate your access to the Portal with 6 months' notice if we no longer provide any services through the Portal.
    • We may suspend or terminate your right to access the Portal if you:
      • fail to pay us any amount required under the Signing Up Terms and fail to remedy the same on 7 days notice;
      • are in material breach of these Terms (including clause 6) or the Sign Up Terms and fail to remedy the same if capable of remedy.
  1. Privacy

To the extent you provide personal information to us via the Portal the same will be subject to our Privacy Policy. Our Privacy Policy can be found by clicking here. 

  1. Variation

We reserve the right, in our absolute discretion, to change these Terms at any time on 60 days notice’ to you. If you are dissatisfied with any changes to these Terms, you may terminate your agreement with us to use the Portal.

  1. Governing law and jurisdiction

These Terms are governed by the laws of South Australia. The State or Federal Courts located in South Australia will have exclusive jurisdiction to hear and determine any claims or disputes arising out of or relating to these Terms.

  1. Severability

If a provision of these Terms would, but for this clause, be unenforceable:

  • the provision must be read down to the extent necessary to avoid that result; and
  • if the provision cannot be read down to that extent, it must be severed without affecting the validity and enforceability of the remainder of these Terms.

A provision of these Terms of the Sign Up Terms must not be construed to our disadvantage merely because we were responsible for the preparation of the same.

  1. Contact Details

If you have any queries in respect of these Terms, please contact us by email by emailing [email protected] or calling (08) 8166 4381 (opt 2).

  1. Meanings

In these Terms:

  • Content means all current and future content displayed, delivered through or otherwise available on our Portal, including courses and related data, information, e-Newsletters, text, blogs, images, movies, animations, links or other references to other websites, persons or information or any other digital media.
  • Linked Site means any third-party website linked in the Portal.
  • Portal means these websites, being https://mumsandbabies.com.au and https://ambceducation.com including all sub-domains, related and affiliated sites, and where applicable includes the Content accessible on the same, and the Education Courses purchasable.
  • Terms means these terms of use.
  • we, our or us means AMBC Education Pty Ltd (ACN 676 500 922) of 3/146 Fullarton Rd, Rose Park, SA, 5067, Australia.
  • you or your means the person who has agreed to the Sign Up Terms to access this Portal.