Terms & Conditions
Content
No formal medical diagnosis, or treatment are allowed on the Australian Breastfeeding Association mum2mum app and associated services. All information provided on the Australian Breastfeeding Association mum2mum app and associated services, or in connection with any communications supported by the Association, are intended to be for general information purposes only, and are in no way intended to create a caregiver - patient relationship. The Australian Breastfeeding Association mum2mum app and associated services are not a substitute for professional medical diagnosis or treatment, and reliance on any information provided on the Australian Breastfeeding Association mum2mum app and associated services, is solely at your own risk.
Procedures / Products / Services
The Australian Breastfeeding Association mum2mum app and associated services provides remote health information and support services. The procedures, products, services and devices discussed and/or advertised on the Australian Breastfeeding Association mum2mum app and associated services are not applicable to all individuals, patients, clients or all clinical situations. You should always seek advice from a medical practitioner in person if you are unsure about whether you have been able to explain or communicate your medical needs through our services, or if you have any concerns about the information you receive from us or if it is different from other information you have received. We make no claims as to the effectiveness of any such procedures, products, services and devices. Any products and/or services represented on the Australian Breastfeeding Association mum2mum app and associated services by advertisers, sponsors, and other Services participants, either paid or unpaid, are presented for your awareness and do not necessarily imply appropriateness for any particular individual or prediction of effectiveness, outcome or success.
Clients should not use our services in an emergency, or if you have a condition that you know will require a physical examination.
Medical advice
Australian Breastfeeding Association mum2mum app and associated services and the Association do not provide medical advice. Australian Breastfeeding Association mum2mum app and associated services are designed to support the health decisions and choices you make. These decisions and choices are yours, and we believe that you are the best decision maker about your health and that these decisions should be made in connection with the advice you receive within a formal doctor – patient relationship.
Terms of Use
mum2mum and associated services are owned and operated by Australian Breastfeeding Association. ("the Association") an Australian incorporated company.
We have drafted this Terms of Use Agreement (the "Terms of Use") so that you can understand your rights and obligations relating to the use of the Australian Breastfeeding Association mum2mum app and associated services or information made available on the Australian Breastfeeding Association mum2mum app and associated services. These Terms of Use form a legal agreement between you and the Association (the "Agreement"). You can request a copy of the Terms of Use by emailing us at app@breastfeeding.asn.au
By accessing the Australian Breastfeeding Association mum2mum app and associated services, you acknowledge and agree to these Terms of Use. If you do not agree to be bound by these Terms of Use, please do not access or use the Australian Breastfeeding Association mum2mum app and associated services. If you are under the age of 16, you confirm that you have your parent's or legal guardian's permission to use the Australian Breastfeeding Association mum2mum app and associated services. If you are under the age of 13, please do not use Australian Breastfeeding Association mum2mum app under any circumstances.
Violations of these Terms of Use may result in termination of your account without notice.
Updates
We regularly update and amend the Australian Breastfeeding Association mum2mum app and associated services and may at any time delete or change any information or services provided. Although we will endeavour to ensure all information contained on the Australian Breastfeeding Association mum2mum app is accurate, we do not guarantee that all information or prices on Australian Breastfeeding Association mum2mum app will be complete and accurate.
Content
No formal medical diagnosis, or treatment are permitted on the Australian Breastfeeding Association mum2mum app and associated services. All information provided on the Australian Breastfeeding Association mum2mum app or through our Services, is intended to be for general information purposes only, and is in no way intended to create a doctor - patient relationship. The Australian Breastfeeding Association mum2mum app and associated services are not a substitute for professional medical diagnosis or treatment, and reliance on any information provided on the Australian Breastfeeding Association mum2mum app and associated services, is solely at your own risk.
Refund policy
We do not support refunds of any kind.
Intellectual property
The Company owns the copyright and other intellectual property rights in the Australian Breastfeeding Association mum2mum app, our services and their content ("Australian Breastfeeding Association IPR").
You are permitted to use Australian Breastfeeding Association IPR in order to receive our services, store it on your device and print copies of it for your personal use. You may communicate material containing Australian Breastfeeding Association IPR to your local medical practitioner or healthcare provider. You are not permitted to copy, distribute or make any business use of Australian Breastfeeding Association IPR.
The Australian Breastfeeding Association mark, logo, combined mark and logo and other marks indicated in our App are trademarks owned by Australian Breastfeeding Association in Australia and other countries.
Contact information
The Company welcomes your comments regarding these Terms of Use. If you have any comments, please contact us at app@breastfeeding.asn.au In order to process your request, please ensure you state your:
- Full Name
- Contact Number
- Preferred Email Address
- Details of the nature of your complaint and/or query
You will then be contacted within 30 days. Please note that you may be charged an administrative fee depending upon the nature of your request.
The Association is not responsible for what you do or don't do with the Content. For medical advice, treatment, or diagnosis, see your personal doctor or healthcare provider. You agree to indemnify and hold the Author and / or the Association (and the Association and the Author's employer and/or sponsor) harmless from any claim or demand, including attorneys' fees, made by any third party as a result of (1) any Content posted or made available by you through the Australian Breastfeeding Association mum2mum app and associated services, (2) any violation of law (including a breach of any Local Regulations) that occurs by you through your use of Content, the Australian Breastfeeding Association mum2mum app and associated services, and/or (3) anything you do using Content the Australian Breastfeeding Association mum2mum app and associated services and/or the information contained therein.
NEITHER Australian Breastfeeding Association, AN AUTHOR, OR ANY OF OUR LICENSORS MAY BE HELD LIABLE UNDER THIS AGREEMENT FOR MORE THAN ONE HUNDRED AUD DOLLARS (AUD$100).
The Association, its licensors, its suppliers, Authors or any third parties mentioned on Australian Breastfeeding Association mum2mum app and associated services are not liable for any personal injury, including death, attributable to or caused by your use or misuse of Australian Breastfeeding Association mum2mum app and associated services or the Content, to the fullest extent permissible by law. Any claims arising in connection with your use of the Australian Breastfeeding Association mum2mum app and associated services or any Content must be brought within one (1) year of the first date of the event giving rise to such action. Remedies under these Terms of Use are exclusive and are limited to those expressly provided for in these Terms of Use. The limitations of liability in this section do not apply to any claims for personal injury or death caused by negligence, breaches of intellectual property provisions by you or your indemnification obligations relating hereunder.
Modification of terms of use
We reserve the right, at our sole discretion, to change, modify or otherwise alter these Terms of Use at any time, by posting the revised Terms of Use on the Australian Breastfeeding Association Websites. You hereby waive any right you might have to receive specific notice of such changes.
Legal use
You may not use the Services in any manner that violates any law, regulation, treaty or tariff or infringes on the legal rights of any third party, in any manner which is defamatory, fraudulent, indecent, offensive or deceptive, to threaten, harass, abuse or intimidate others, to damage the name or reputation of the Australian Breastfeeding Association mum2mum app and associated services, its affiliates, or subsidiaries, to breach security on any computer network, or to access an account that does not belong to you, and in any manner that interferes with other customers' use and enjoyment of the Services provided by the Australian Breastfeeding Association mum2mum app and associated services.
By accessing the Australian Breastfeeding Association mum2mum app and associated services and using the Services, you confirm that you understand your obligations under the Local Regulations relevant to the territory in which you are located and will comply with such Local Regulations. Guidelines are generally made available online by the relevant local regulatory authorities.
You agree to take no action which is intended to, or would reasonably be expected to harm Australian Breastfeeding Association or the Australian Breastfeeding Association mum2mum app and associated services or its reputation or which would reasonably be expected to lead to unwanted or unfavourable publicity to Australian Breastfeeding Association or the Australian Breastfeeding Association mum2mum app and associated services.
You may use the Australian Breastfeeding Association mum2mum app and associated services only in accordance with these Terms of Use and for lawful purposes as stipulated by law. You may not abuse the Australian Breastfeeding Association mum2mum app and associated services in any way. You may not use any automated software when accessing and using the Australian Breastfeeding Association mum2mum app and associated services.
Miscellaneous
The Australian Breastfeeding Association Websites may be viewed internationally and may contain references to products or services not available or approved in all countries. References to a particular product or service do not imply that such product or service is appropriate or available to all persons of legal purchasing age in all locations, or that we intend to make such product or service available in such locations. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision.
We make no representation that all products, Content or Services described on or available through the Australian Breastfeeding Association mum2mum app and associated services are appropriate or available for use in locations outside of Australia. Users visit the Australian Breastfeeding Association mum2mum app and associated services access our Content and Services on their own initiative and are responsible for compliance with local laws. We make no claim that Content or Services are appropriate or may be downloaded outside Australia.
Government compliance
The performance of our obligations under these Terms of Use is subject to existing laws and legal process, and nothing contained in these Terms of Use is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of Australian Breastfeeding Association Websites and Services or information provided to or gathered by us with respect to such use.
Severability and enforceability
If any provision or portion of these Terms of Use is held illegal, invalid, or unenforceable, in whole or in part, it shall be modified to the minimum extent necessary to correct any deficiencies or replaced with a provision which is as close as is legally permissible to the provision found invalid. Australian Breastfeeding Association mum2mum app and associated services are designed to support the health decisions and choices you make. These decisions and choices are yours, and we believe that you are the best decision maker about your health and that these decisions should be made in connection with the advice you receive within a formal doctor - patient relationship.
On the Australian Breastfeeding Association mum2mum app and associated services, you can find information and related educational answers.
Australian Breastfeeding Association mum2mum app and associated services and the Association are not your doctor. You agree not to use Australian Breastfeeding Association mum2mum app and associated services as a substitute for interactions with your personal doctor. We strongly encourage you to discuss any advice you receive using Australian Breastfeeding Association mum2mum app and associated services with your GP or usual medical practitioner, or healthcare provider.
Do not use Australian Breastfeeding Association mum2mum app and associated services to diagnose or treat a medical condition.
Never use Australian Breastfeeding Association mum2mum app and associated services in a potential or actual medical emergency.
No doctor - patient relationship
The use of the Australian Breastfeeding Association mum2mum app and associated services does not create a doctor - patient relationship. Everything on Australian Breastfeeding Association mum2mum app and associated services or the use of the Services is for your information, and should be used for informational purposes only. The Australian Breastfeeding Association mum2mum app and associated services are not a substitute for medical advice, diagnosis, treatment or care from your provider.
Severability and enforceability
If any provision or portion of these Terms of Use is held illegal, invalid, or unenforceable, in whole or in part, it shall be modified to the minimum extent necessary to correct any deficiencies or replaced with a provision which is as close as is legally permissible to the provision found invalid or unenforceable and shall not affect the legality, validity or enforceability of any other provisions or portions of these Terms of Use, and the other provisions of the Terms of Use shall remain in full force and effect.
Transfer of information
Any information you provide to us will be transferred to the Association in accordance with applicable laws. Any disputes arising in connection with this the Australian Breastfeeding Association mum2mum app and associated services will be subject to jurisdiction of the courts of Australia. By using the Australian Breastfeeding Association mum2mum app and associated services, you consent to this transfer of information, the Privacy Policy and the Terms of Use.
Choice of law and venue
These Terms of Use shall be governed by and construed in accordance with the laws of Australia.
All disputes arising under these Terms of Use (or the Agreement) will be settled in accordance with the Arbitration Rules of the Australia International Arbitration Centre for the time being in force, which rules are deemed to be incorporated by reference in this clause. The tribunal shall consist of 1 arbitrator (appointed by the Association). The language of the arbitration shall be English. Any arbitral award will be final, non-appealable and binding on the parties. Judgment upon an award rendered may be entered in any court having competent jurisdiction.
No warranties
The Australian Breastfeeding Association mum2mum app and associated services are provided "as is". Neither we, nor any other user of the Australian Breastfeeding Association mum2mum app and associated services, make any express or implied warranties, including implied warranties of accuracy, merchantability, fitness for a particular purpose, and non-infringement.
Liability
Content on the Australian Breastfeeding Association mum2mum app and associated services (the "Content") is subject to the following Terms of Use. While we hope that you will find all Content informative and educational, the Association makes no representations or warranties with respect to any information offered or provided within or through the Content regarding treatment of medical conditions, actions, or application of medication. Under no circumstances, as a result of your use of the Australian Breastfeeding Association mum2mum app and associated services, will the Association, be liable to you or to any other person for any damages or harm-including any direct, indirect, special, incidental, exemplary, consequential or other damages under any legal theory, including, without limitation, tort, contract, strict liability or otherwise, even if advised of the possibility of such damages. Without limiting the generality of the foregoing, the Association shall have absolutely no liability for: (a) any loss or injury caused, in whole or in part, by the Association’s actions, omissions, or negligence, in procuring, compiling, or delivering information within or through Content; (b) any errors, omissions, or inaccuracies in such information regardless of how caused, or delays or interruptions in delivery of such information; or (c) any decision made or action taken or not taken in reliance upon such information. This means you should not rely on the Content or make medical or other important decisions based on it, and it also means that the Association is not responsible for what you do or don't do with the Content.