TERMS OF USE (‘Terms’)

OVERVIEW

Welcome to The Pregnancy Posse. Thanks for dropping by!

Most of our site is focused on helping you have a wonderful pregnancy. This page of the site is a little different (for starters… we probably won’t even mention the pelvic floor… oops… we just did!).

We love our community of pregnant women and the relationships we build whilst helping you through your amazing pregnancy journeys. Like any successful relationship, there needs to be some grounds rules. Below are the ground rules for the relationship we hope we are about to build.

This website, thepregnancyposse.com, is owned and operated by Physio Laura Pty Ltd, successors and assignees (‘us, we, our’).

Any information, images, videos or any other content provided on this website, our social media pages, via our email list or via the Pregnancy Posse membership will be referred to as the ‘Site’.

We know each of you are wonderfully unique individuals, but for the sake of ease and brevity, all site visitors, members, customers and any other users of the Site will be referred to as ‘you, your and user’.

By continuing to use this fabulous Site, signing up to our email list, or purchasing the Posse, you are agreeing that you have read and will comply with and be bound by these Terms, along with our Privacy Policy and Disclaimer.

We may modify and update these Terms at any time without notice. It is your responsibility to ensure that you review the Terms periodically. It is also your responsibility to put the bins out the night before collection. But hey, that’s none of our business. Back to the show.

Use of this Site

To use this Site, you must be 18 years of age or older and have the requisite power and authority to be bound by these Terms. Children under the age of 18 are prohibited from using the Site.

The Pregnancy Posse membership (the ‘Posse’)

2.1 Posse membership

The Posse is a membership site providing online training, courses, resources, community and other content relating to staying healthy during pregnancy.

By joining the Posse, you will get access to a plethora of awesome health and well-being resources focussed on pregnancy.

The Posse consists of:

a) An exercise program for pregnant women designed by a pelvic floor physiotherapist. The program is tailored to your stage of pregnancy and delivered via weekly videos.

b) General health and well-being advice, much of it focussed on pregnancy.

c) Questions and answer sessions where Posse members will get the opportunity for their questions to be answered by our team.

d) A community forum where you can discuss all things pregnancy with members of the Posse and our team.

e) Relevant information regarding health and well-being from third-party websites that have nothing to do with us, other than that we think the information they provide is fab.

2.2 Account creation

In order to use the Posse, you will need to provide your name, email address, username, password and other personal information. Your registration information must always be accurate and current. No one likes a poser. You must not impersonate someone else or provide account information or an email address other than your own. We’re looking at you Jane Doe… unless of course that is your real name. In which case, welcome to the Posse Jane Doe.

2.3 Purchasing your Posse membership

a) Purchase via shopping cart

You can join the Posse by purchasing a membership via our shopping cart. Our shopping cart is hosted by a third-party provider.

b) Payment methods

For your convenience, you can purchase your Posse membership using your credit card or via Paypal. We may add or remove payment methods.

c) Trial period

We may offer a paid trial period (the ‘Trial’). For an initial one-off payment, your Trial will provide you access to the Posse for a time period specified upon purchasing your Trial.

Access to the Posse during the Trial may be limited to certain content and may not allow you full access to the Posse.

On the completion of your Trial, your recurring membership payment will be automatically debited via your chosen payment method.

2.4 Posse recurring membership payment

a) Recurring payment

The Posse is a recurring subscription service with a recurring payment (the ‘Payment’).

b) Frequency of Payment

We may offer options for the frequency of your Payment (the ‘Payment Period’). The Payment Period will typically be monthly. Your Payment Period will be determined by the option you choose when purchasing your Posse membership.

c) Automatic Payment via chosen payment method

By providing your payment details, you authorise us and agree to the Payment being automatically debited via your chosen payment method at the start of each Payment Period.

2.5 Lifetime access

If we provide the option to purchase lifetime access to the Posse, your access to the Posse will terminate if the Posse ceases to exist. Lifetime means the lifetime of the Posse.

2.6 Third-party payment processors

Your payment is processed by secure PCI-compliant third-party providers. Your credit card information and bank account details are not stored by us on our servers.

2.7 Order confirmation

Confirmation of your successful order along with your access details will be emailed to you. If there is an error in this email confirmation, please contact us as soon as possible.

2.8 Refusal of Posse membership

We are an inclusive bunch at the Posse. However, joining the Posse is subject to our acceptance and we reserve the right to refuse membership of the Posse without reason.

2.9 Downtime

We are pelvic floor experts, not techno wizards. We use third-party tools and services to provide the Posse (web hosting, CMS, plugins, automation software etc). Things can break. Your waters. Our Site. Access to the Posse may be affected by these third parties. You agree that sometimes you may not be able to access the Posse and that no action may be initiated against us if there are reasonable delays.

2.10 Cancellation

Your Posse membership is ongoing until you cancel. Our aim is for the Posse to be an invaluable resource for pregnant women. We think the Posse is fab and we want you to love it. If you’re not getting what you expected out of the Posse and would like to cancel your Posse membership, you can do so at any time by visiting the account section of your Posse dashboard.

If you cancel your membership before the end of a billing period, the cancellation will become effective at the end of the current billing period. No refund will be processed for the portion of the time remaining from the cancellation to the end of that billing period. After cancellation, your access to the Posse will cease at the end of the current billing period.

2.11 Refund

We are committed to providing value to our Posse members. In fact, we guarantee it. If you don’t think you have received value from the Posse, we offer a money back guarantee. If you would like a refund, just contact us and let us know you would like a refund. Easy peasy. No questions asked (…sort of …we might ask you for feedback on how we can make this even better for all of you pregnant mammas!)

2.12 Termination of Posse membership

We reserve the right to terminate the Posse, and or access to certain features of the Posse, with or without prior notice to you. We will make reasonable efforts to provide notice but we are not required to do so under these Terms.

2.13 Posse description and changes

We aren’t internet marketing hucksters. We try to be clear and concise in describing the Posse, however we make mistakes ( …very infrequently might we add). We may correct errors in pricing and descriptions. We reserve the right to refuse or cancel any order made with an incorrect price due to an error.

We want to keep things fresh and constantly improve. We may at any time change or discontinue any aspect or feature of the Posse, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment.

2.14 Community platform access

We love the community vibe of the Posse. As part of the Posse, we may provide access to a community forum or social media platform. We may use our discretion as to whether we continue to provide such platforms and may place limits as to how these platforms are used by you.

The Posse is a safe place. Unicorns. Rainbows. Strong pelvic floors. Don’t play nice and you’re out. We may limit or deny access to these platforms for anything we deem inappropriate. We will try to make reasonable efforts to inform you that you have acted inappropriately and if we deem it appropriate, may allow you to take corrective actions. We are not required to provide notice to you and may take immediate action to remove your access to protect our Posse.

2.15 Acceptable use of your Posse account

a) Your Posse account must not be used for any illegal or unauthorised purpose.

b) Your Posse account, login details or password must not be shared with anyone else (except with an authorised administrator). This may result in immediate cancellation of your membership.

c) You are responsible for all activity that occurs via your account. Please notify us immediately if you become aware of any unauthorised use of your account.

d) You must not use another person’s account.

e) You must keep your contact, payment and other information accurate and updated.

f) We may use your account information to manage your use and access to the Posse.

2.16 Posse content

a) Video streaming within the Posse

The Posse includes streaming video content. These videos are provided for your personal viewing whilst logged into the Posse. You must not download (other than for temporary caching purposes as part of the video streaming process), reproduce or use these videos for any other purpose.

b) Other content within the Posse

Some content within the Posse is made available for you to download for your convenience. All our content is provided for your personal use only. You must not share our content or use it for any other purpose.

c) Transfer, sublicense or granting access to our content

You will not transfer, sublicense or grant access to the Posse or any of our content. No license to sell or distribute our materials is granted to you or implied.

2.17 Recording calls and webinars

You consent to us recording calls or webinars provided as part of the Posse and to us using your name, words and voice for marketing or other purposes without compensation to you. We will try to get your written permission before using and distributing content that refers to you.

Our intellectual property

3.1 Copyright

The content on our Site is copyright © 2018 and owned by us or other copyright owners. The names Physio Laura and The Pregnancy Posse and the associated logos are registered trademarks in several jurisdictions together with holding common law trademark recognition.

3.2 Assignment of intellectual property

We don’t assign any of our intellectual property rights to you.

3.3 Permitted use of our content

All content on this Site, including within the Posse, is solely for your personal use to assist you on your pregnancy journey. Don’t pirate. Arggghhh. Pirates!

3.4 Website design

We’ve worked hard to make this place look pretty. You may not modify or copy the layout of this Site.

3.5 Data and scraping

We’re told scraping is a thing. And so is karma. Do not use web scraping software or any other method to copy data on this Site.

Your intellectual property

4.1 Material you submit to the site

Stealing is yuck. Please don’t upload, post or make available on this Site any content protected by copyright, trademark or other proprietary right without the written permission of the owner of the content. It is your responsibility to determine if any content is not protected and available for you to use. You are liable for any damage resulting from the use of protected content and you indemnify us from any claims, liabilities and expenses arising from you submitting any content not belonging to you to our Site. By submitting content to the Site, you warrant that you have the authority to use and distribute that content.

4.2 Intellectual property rights to your materials

Your content remains your content. Simple. Anything you supply to us is yours and we don’t claim intellectual property rights over any of your content.

4.3 Use of your content

By posting content on our Site and the Posse, you grant us a perpetual, non-exclusive and payment-free license throughout the world to use that content for marketing or other purposes.

4.4 Sharing of your content with Posse members

The Posse provides features that allow you to share your content with other Posse members. Posse members may use, copy, modify or re-share your content. Please consider carefully what you choose to share as you are responsible for the content that you share on the Posse.

4.5 Comments

We love your input. You may choose to comment on content of this Site. Comments are not anonymous and may be viewed by others. Your comments may be deleted by you or us upon your request.

4.6 Removal of your content

You may request that we remove any content provided by you to our Site by contacting us.

External links and third-party resources

5.1 External links

Our Site contains links to third-party websites and resources. We are not responsible or liable for the availability, accuracy, content or policies of third-party websites or resources. These links don’t imply our endorsement or affiliation. You take sole responsibility and assume all risk arising from your use of these links.

5.2 Purchases from third-parties

Any purchase you make from a third-party through our Site is done at your own risk. Your contract is direct with the third-party and any claim you may have will be directly with them. We are not responsible for these purchases.

Changed terms

We may amend these Terms at any time. Any amendments are effective immediately upon notice to you by us posting the new Terms on this Site. Your continued use of the Site and Posse following any amendments indicates that you accept the amendments. We may update any portion of our Site at any time.

Acceptable use

You may use our Site for lawful purposes only. You are financially responsible for purchases made by you or someone acting on your behalf on our Site.

Please play nice. Don’t post or transmit through the Site any material which violates or infringes the rights of others. Don’t be threatening, abusive, defamatory, vulgar, obscene, profane or do anything criminal. We repeat. Play nice.

Email communication

By providing your email address to us, you consent to receiving emails from us. Only wonderful stuff we promise. You have the option to unsubscribe from the email list should you choose not to receive any further emails.

Indemnity

You are liable for and agree to indemnify, defend and hold us and any related parties harmless for and against any and all claims, demands, loss, liabilities, suits, actions and expenses, including costs of litigation and reasonable legal costs, resulting directly or indirectly from:

a) Any information that is not accurate, up to date or complete or is misleading or a misrepresentation.

b) Any breach of these Terms.

c) Your use of our Site and the Posse.

d) Your content.

e) Any misuse of the Site or the Posse from or by you, your employees, contractors or agents.

You indemnify and keep indemnified this Site and its respective officers, employees and agents (‘Those Indemnified’) from and against any loss (including reasonable legal costs and expenses) or liability incurred by any of Those Indemnified arising from any claim, demand, suit, action or proceeding by any person against any of Those Indemnified where such loss or liability arose out of, in connection with or in respect of any breach of these Terms by you, and any publication of or distribution of the material and/or information supplied by you.

You agree to co-operate with us (at your own expense) in the handling of disputes, complaints, investigations or litigation that arise as a result of your use of this Site or the Posse including but not limited to disputes, complaints, investigations or litigation that arises out of or relates to incorrect information you have given us.

The obligations under this clause will survive termination of these Terms.

Severability

If any part of these Terms are found to be void, unlawful, or unenforceable then that part will be deemed to be severable from the balance of the Terms. The severed part will not affect the validity and enforceability of any remaining provisions.

Entire agreement and waiver

These Terms, along with our Privacy Policy and Disclaimer, constitute the entire agreement between you and us relating to our Site and the Posse. Any prior agreements between us are superseded by these Terms.

Us waiving any provision of these Terms is not a perpetual waiver and doesn’t constitute a waiver of any other provision. Waivers are not binding unless executed by us in writing.

Governing law

These Terms will be governed by and interpreted in accordance with the laws of Victoria, Australia without giving effect to any principles of conflicts of laws. You agree to the jurisdiction of the courts of Victoria, Australia to determine any dispute arising out of these Terms.

Limitation of liability and disclaimer

The information in this Site and the Posse is for general information purposes only. The Information does not take into account your specific needs and does not constitute health advice. Any reliance you place on this information is at your own risk.

This Site and the Posse involves health, exercise, diet or other personal and well-being management information. This Site and the Posse should not replace your own qualified suitable professional health advice where relevant to your condition and should not be used to diagnose or replace any professional treatment or management of any particular existing condition. All decisions about any treatment and management of any condition must be made with a relevant health professional and you agree that any reliance on this Site or the Posse is done at your own risk. You agree that you are responsible for your own physical health and emotional well-being.

Exercise and health are matters that vary from person to person. When participating in any exercise or exercise program, there is the possibility of physical injury. If you engage in any exercises outlined on this Site or the Posse, you agree that you do so at your own risk, are voluntarily participating in these activities, assume all risk of injury to yourself, and agree to release and discharge us or any related parties from any and all claims or causes of action, known or unknown.

We can’t guarantee the results you will get from using this Site or the Posse. Whilst we hope we may be able to reduce your chances of certain complications during pregnancy and birth, we can’t guarantee that you will never experience pain, pelvic floor dysfunction, diastasis recti or other complications. Should you experience any complications, you should seek professional health advice promptly.

If you are not satisfied with any part of the Site you should contact us and cease using the Site.

It is your responsibility to ensure that the Posse or information available through the Site meet your specific needs. Before acting on any information, we recommend that you consider whether it is appropriate for your circumstances, carry out your own research and seek professional health advice where necessary.

Certain legislation including the Australian Consumer Law (‘ACL’) in the Consumer and Competition Act 2010 (Cth), and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to the provision of the Posse by us to you which can’t be excluded, restricted or modified (Statutory Rights). Our liability is governed solely by the ACL and these Terms. We exclude all conditions and warranties implied by custom, law or statute except for your Statutory Rights. Except for your Statutory Rights, all information is provided to you without warranties of any kind, either express or implied and we expressly disclaim all warranties of any kind including but not limited to implied warranties of suitability to a particular purpose.

If you are a consumer as defined in the ACL, the following applies to you: We guarantee that the Posse and this Site are rendered with due care and skill and fit for the purpose that we advertise. To the extent we are unable to exclude liability, our total liability for loss or damage you suffer or incur from this Site and the Posse is limited to us supplying the Posse to you for a reduced fee, or, at our option, us refunding to you the amount you have paid us for the Posse.

To the extent permitted by law, we exclude all express or implied representations, conditions, guarantees, warranties and terms relating to this Site, the Posse and these Terms, except as stated in these Terms. To the maximum extent permitted by law, we are not and will not be liable or responsible for any expenses, losses, costs or damages (whether direct or indirect) caused to or incurred by any user of the Site or the Posse, including damages for loss of use and/or loss of data, arising out of the performance of the Site or the Posse.

This clause will survive termination of these Terms.

Contact

If you wish to contact us, please do so by visiting the Contact Us page on this Site.

Last updated April 8, 2018

PRIVACY POLICY (‘Policy’)

OVERVIEW

Your pelvic floor is important to us. So is your privacy.

This website, thepregnancyposse.com, is owned and operated by Physio Laura Pty Ltd, successors and assignees (‘us, we, our’).

Any information, images, videos or any other content provided on this website, our social media pages, via our email list or via the Pregnancy Posse membership (the ‘Posse’) will be referred to as the ‘Site’.

This Policy sets out how we collect, use, communicate and make use of personal information collected via this Site and the Posse. We are committed to ensuring your privacy is protected.

By continuing to use this fabulous Site, signing up to our email list, or purchasing the Posse, you are agreeing that you have read and will comply with and be bound by this Policy, along with our Disclaimer and Terms .

We may modify and update this Policy at any time without notice. It is your responsibility to ensure that you review this Policy periodically.

Any information identifying you that is collected during your use of this Site will be used in accordance with this Policy and Australian Privacy Principles.

We may amend this Policy at any time. Any amendments are effective immediately upon notice to you by us posting the new Policy on this Site. Your continued use of the Site following any amendments indicates that you accept the amendments.

Cookies

Like most other websites, this Site may log information about your access and use of the Site. This Site uses cookies. A cookie is a very small text document which may contain an anonymous unique identifier. A cookie asks permission to be placed on your hard drive to begin gathering information about the date, time and length of your visits, the content viewed and your IP address. Cookies allow us to provide you a tailored experience and help us to continue to improve our Site. A cookie does not give us access to your computer or any information about you, other than the data you provide to us. Most web browsers automatically accept cookies, but you can modify your browser settings to decline cookies if you prefer.

IP addresses

Your IP address is a number that is used by computers on the internet to identify your computer. IP addresses are automatically collected by our web server as part of collecting our traffic data.

Email

We may keep any email correspondence between you and us.

All email sent from us will clearly state who the email is from, how to contact the sender and how to remove yourself from our mailing list so that you receive no further email communication from us.

Personal information collected

We may collect the following information:

a) Names

b) Date of birth and age

c) Contact details

d) Location details

e) Health and well-being related information

f) If you purchase from us, financial information such as your payment method. We store very limited, if any, financial information that we collect. Otherwise, all financial data is stored by our payment processors, Thrivecart, Paypal and Stripe, and you are encouraged to review their privacy policies.

5. Use and storage of personal information

We may collect and use personal information for the following purposes:

a) To provide information, products and services to you.

b) To respond accurately to your queries.

c) To improve our service by understanding your needs.

d) For internal record keeping.

e) To inform you about services or information we think may be of interest to you.

f) To get insights from you.

g) To customise this Site according to your interests.

We may contact you by a variety of measures including by telephone, email, sms, mail or possibly carrier pigeon.

Your information may be stored and processed in Australia or any other country in which our third-party providers might be located. Please be aware that different countries have different privacy laws and may differ to the privacy laws to those governing where you are located.

Disclosure of personal information

We may disclose personal information for the following purposes:

a) to provide information, products and services to clients.

b) to courts, tribunals, regulatory authorities, and law enforcement officers as required by law, in connection with any actual or prospective legal proceedings, or in order to establish, exercise or defend our legal rights.

c) to relevant third parties we rely on for software services including credit card and payment processing, email hosting and management, forum communication, member management, website hosting and video hosting.

d) to third parties, including agents, referral partners, contractors and sub-contractors for the purposes of providing information, products and services to you. This may include parties located, or that store data, outside of Australia.

By providing us with personal information, you consent to this disclosure.

If there is a change of control of our business or a sale or transfer of business assets (potential or actual), we reserve the right to transfer to the extent permissible at law any personal information and non-personal information contained in our database.

Security

We are committed to ensuring that the information you provide to us is secure. No information transmitted over the Internet can be guaranteed to be secure and we can’t guarantee the security of any information that you transmit to us, or receive from us. The transmission and exchange of information is carried out at your own risk. We can’t guarantee that personal information will not be disclosed in a manner that is contrary to this Policy.

Links to other websites

Our Site contains links to other websites that we have no control over. Those sites are not governed by this Policy. We are not responsible for the protection and privacy of any information you provide to these sites. Please read the privacy policy relevant to that site.

Controlling your personal information

It is optional to provide us with your personal information. By providing us with your personal information, you consent to the terms in this Policy. We will not sell, distribute or lease your personal information to third parties unless we have your permission or are legally required to do so.

If you have previously agreed to us using your personal information for direct marketing purposes, you may opt out of this at any time.

You may request details of personal information that we hold about you in accordance with the Privacy Act 1988 (Cth). A small administrative fee may be payable for the provision of information. We reserve the right to refuse to provide you with information that we hold about you. You may request that we remove your personal information.

Please contact us if you believe that any information we have is inaccurate, out of date, incomplete, irrelevant or misleading.

Complaints

If you believe that we have breached your privacy and wish to make a complaint, please contact us setting out details of the breach. We will promptly investigate your complaint and get back to you as soon as we can with a possible solution.

Contact us

If you wish to contact us, please do so by visiting the Contact Us page on this Site.

Last updated May 25, 2018

DISCLAIMER

OVERVIEW

Welcome to The Pregnancy Posse. Thanks for dropping by!

This website, thepregnancyposse.com, is owned and operated by Physio Laura Pty Ltd, successors and assignees (‘us, we, our’).

By continuing to use this fabulous Site, signing up to our email list, or purchasing the Posse, you are agreeing that you have read and will comply with and be bound by this Disclaimer, along with our Privacy Policy and Terms.

We may modify and update this Disclaimer at any time without notice. It is your responsibility to ensure that you review this Disclaimer periodically.

Indemnity

a) Any information that is not accurate, up to date or complete or is misleading or a misrepresentation.

b) Any breach of these Terms.

c) Your use of our Site and the Posse.

d) Your content.

e) Any misuse of the Site or the Posse from or by you, your employees, contractors or agents.

You indemnify and keep indemnified this Site and its respective officers, employees and agents (‘Those Indemnified’) from and against any loss (including reasonable legal costs and expenses) or liability incurred by any of Those Indemnified arising from any claim, demand, suit, action or proceeding by any person against any of Those Indemnified where such loss or liability arose out of, in connection with or in respect of any breach of this Disclaimer and the Terms by you, and any publication of or distribution of the material and/or information supplied by you.

The obligations under this clause will survive termination of this Disclaimer and the Terms.

Limitation of liability and disclaimer

If you are not satisfied with any part of the Site you should contact us and cease using the Site.

Certain legislation including the Australian Consumer Law (‘ACL’) in the Consumer and Competition Act 2010 (Cth), and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to the provision of the Posse by us to you which can’t be excluded, restricted or modified (Statutory Rights). Our liability is governed solely by the ACL and the Terms. We exclude all conditions and warranties implied by custom, law or statute except for your Statutory Rights. Except for your Statutory Rights, all information is provided to you without warranties of any kind, either express or implied and we expressly disclaim all warranties of any kind including but not limited to implied warranties of suitability to a particular purpose.

To the extent permitted by law, we exclude all express or implied representations, conditions, guarantees, warranties and terms relating to this Site, the Posse and the Terms, except as stated in the Terms. To the maximum extent permitted by law, we are not and will not be liable or responsible for any expenses, losses, costs or damages (whether direct or indirect) caused to or incurred by any user of the Site or the Posse, including damages for loss of use and/or loss of data, arising out of the performance of the Site or the Posse.

This clause will survive termination of this Disclaimer and the Terms

Affiliates

We may occasionally promote affiliate programs and products. We may receive a commission on these programs or products. We only endorse products that we believe in or would personally use. If you do use our affiliate links, thank you for helping support our Site.

Contact

If you wish to contact us, please do so by visiting the Contact Us page on this Site.

Last updated April 8, 2018

The Pregnancy Posse

Terms of use

Privacy policy

Disclaimer

TERMS OF USE (‘Terms’)

PRIVACY POLICY (‘Policy’)

DISCLAIMER