Terms & Conditions – Use of Videos – Amberley Harris
Parties to this agreement
1. These Terms and Conditions form a legally binding agreement between you (“you”, “your”, the “User”) and Amberley Harris (“I”, “me”, “mine” or similar) which governs your use of my pre- and post- natal videos.
2. My contact details are amberley@maternal-instincts.com.au. If you have any comments, questions or concerns, please email me directly.
Restriction
3. This agreement to view my videos is for mothers only. If you are a midwife or other health care professional or organisation, my videos are available for licensing to your clients by way of a formal licence agreement from me. You are not permitted to show your clients these videos, unless they have paid for these videos, or unless you have secured the appropriate licence from me to share these videos with your clients. If you would like to receive information about obtaining such a licence, please contact me directly.
4. Healthcare professionals or people or organisations that work with pregnant women or mothers may not view, use, modify or reproduce any part of any of my videos. A proper license must be obtained from me.
5. You are expressly prohibited from modifying or recreating my videos or any part of them, whether in video, audio, written or any other format.
Acceptance
6. Please note that by agreeing to these terms, you are entering into a legally binding contract and confirming that you do not work with pregnant women or mothers.
7. If you do not accept all the Terms and Conditions, you must not use or access my content or attend any session offered by us.
My video series & disclaimer
8. I have created a short video series for new and expectant mothers and fathers based on my skills, knowledge, training and experience in the field of pre- and post-natal care.
9. These videos are for informational and educational purposes for pregnant women and mothers only. These videos do not provide medical advice and do not replace medical advice.
10. The techniques and advice in these videos is of a general nature and although they work for most women, each may have different experiences and needs. I urge you to seek immediate medical advice, should you struggle with any of the techniques in my videos. I am also available for 1-2-1 consultations (via phone or skype if you are not local) for an additional fee, should you be struggling.
10.1 For many women, it is safe to hand express colostrum during pregnancy from 37 weeks (term) onwards. You must speak with your health care provider to receive clearance for yourself to do this from your 37 week mark.
10.2 For many women, a physiological third stage is safe. You must speak with your health care provider to determine if this is safe for you.
10.3 There may be some medical risks with a physiological third stage, depending on your individual situation, and it is your responsibility to seek medical advice before undertaking the above.
11. Users should always consult with a qualified and licensed physician or other medical care provider. Users are warned to follow the advice of their physicians without delay regardless of anything seen or read in these videos. I assume no duty to correct or update the Content nor to resolve or clarify any inconsistent information in the videos. Reliance on the videos is solely at the User's risk. My videos may contain health or medically related materials considered sexually explicit to some. Users are warned that if they may be offended by such Content, an alternate source of information should be found. Publication of information or reference in these videos to specific sources such as specific products, procedures, physicians, treatments, or diagnoses are for information only and are not endorsements by me.
12. Please immediately phone the emergency services in your country if:
12.1. Your baby is struggling to breathe
12.2. Your baby is non-responsive (you cannot wake him / her)
12.3 You suffer unexpectedly heavy or prolonged bleeding after birth which gets worse or does not slow
12.4 You go into premature labour
12.5 Your baby is not gaining the expected amount of weight for their age
12.6 Your baby has jaundice or any kind of medical condition
12.7 This list is not exhaustive and there may be other indicators which raise cause for medical concern. If you are in any doubt, phone emergency services immediately as they can advise if it may be a true emergency and what steps you need to take in the circumstances.
If you would like to access more information on breastfeeding, go to the Australian Breastfeeding Association website.
If you would like more information on pregnancy, birth or the postnatal period, go to the Better Health Channel website.
Guarantee
13. While I cannot offer a guarantee that the techniques shown in my videos will work for every mother and every child, they are techniques that work in the vast majority of cases and have been very helpful to numerous women that I have worked with over the years.
Intellectual Property
14. I own copyright in my videos. You may not share, modify, distribute, publish, broadcast (including publishing on social media), any part of these videos. I appreciate your enthusiasm for my videos and ask that, if you wish to make these available to someone you know, that you provide them with this link to my landing page, where they can purchase these themselves (https://join.maternal-instincts.com.au/video-series)
15. Copyright in the wording of this agreement belongs to Acacia Law. You may not use it, or any part of it without their written permission and payment of a licence fee. For details please email contracts@acacialaw.com
Your Indemnity
16. You agree to indemnify, defend and hold me, my people, my affiliates, my content providers and their respective directors, officers, employees, shareholders, partners and agents harmless from and against any and all claims, liability, losses, damages, costs and expenses (including reasonable legal fees on a solicitor and client basis) as a result of or in connection with this agreement, the performance or alleged or actual breach of it, or in connection with the content and use of my videos.
General Provisions
17. These terms and conditions apply to these videos for as long as this product exists.
18. To the extent permitted by law, I and my people shall not be liable for any damages, costs or losses whatsoever arising as a result of using the techniques taught in the videos.
19. Should any liability attach, despite the clauses above, to the extent permitted by law, my liability and the liability of our people under this agreement shall not exceed the total aggregate amount you have paid to me for my videos.
20. This Agreement is not assignable by you without my prior written consent. I may assign this Agreement without your consent to any other party so long as such party agrees to be bound by its terms.
21. Where I reasonably believe that Content is being used outside of the scope of the license granted under this Agreement, you agree to, at my request, provide a certificate of compliance signed by you, in a form to be approved by us. In particular, my intellectual property is licenced for your own personal use not licenced for you to share it or teach it to others.
22. If any provision of this Agreement is wholly or partially unenforceable, the parties or, in the event the parties are unable to agree, a court of competent jurisdiction, shall put in place of such whole or part provision of an enforceable provision or provisions, that as closely as possible reflects the terms of the unenforceable whole or part provision but makes them enforceable.
23. This Agreement will be governed by the laws of the State of Queensland and the federal laws of Australia.
Acknowledgement
24. You acknowledge that you have read this agreement, understand it, and have had an opportunity to seek independent legal advice before agreeing to it. In consideration of us agreeing to provide the content, you agree to be bound by the terms and conditions of this agreement.
Privacy
25. Your privacy is important to us. We will never sell your information and will take reasonable steps to keep it secure.
© 2018 Acacia Law – copyright in these terms and conditions is owned by Acacia Law, law@acacialaw.com, with a perpetual royalty free license to use them belonging to us. These terms may not be copied, modified in any way or used, in whole or part, without express written permission from Acacia Law. Each legal situation is unique, and these terms have been specifically created for Amberley Harris and may not be appropriate for other legal situations.

Terms and Conditions for Membership:

Maternal Instincts by Amberley (ABN 26 519 786 548) is the creator of the 662movement (the “Movement”) – a Membership based on the World Health Organisation guideline for breastfeeding.

The 662movement Membership is accessed by subscription to the 662movement Membership platform (the “Site”).

These Terms and Conditions (“Agreement”) govern your use of the 662movement Membership site and form a binding contractual agreement between you as a site member and us.

Please ensure that you read this Agreement carefully and contact Amberley Harris via amberley@maternal-instincts.com.au if you have any questions before subscribing to the Membership.

This Agreement constitutes the entire and only agreement between you and Maternal Instincts by Amberley relating to membership and supersedes all prior agreements, conduct, representations, and understandings about the Membership.

You warrant you are 18 years or above and have the legal capacity and authority to enter into this Agreement.

Terms and Conditions

1. Acceptance of terms

1.1 By subscribing, accessing, downloading or using the information, products and services offered on our Site, you agree to be bound by these Terms, which you acknowledge that you have read and understood.

1.2 We may change all or part of these Terms at any time. If we do, the new terms and conditions will be posted on this Site.

1.3 Your continued use of the Site will constitute your acceptance of any changes.

1.4 If you object to any changes to the Terms, your only remedy is to immediately discontinue your subscription and use of products and services offered.

2. Benefits of Membership

Benefits of Membership include access to:

2.1 Breastfeeding education videos through the 622movement Ambassador Portal

2.2 Support and advice emails at key stages in your breastfeeding journey

2.3 Exclusive access to the private community (Facebook group) for Ambassadors only, run by Maternal Instincts by Amberley

2.4 Monthly Live Q and A sessions and/or Storytelling and/or Guest Speakers

2.5 5% off Maternal Instincts by Amberley’s Packages, Appointments and Upgrades

3. Becoming a member

Registration

3.1 You can become part of the 662movement community by registering your membership to the Customer Hub via the registration process on our site.

3.2 Membership is offered monthly.

3.3 You must provide accurate, complete and up-to-date Membership registration information, as requested, and it is your responsibility to inform us of any changes to your registration information.

3.4 We may, at any time, request a form of identification to verify your identity.

Password security

3.5 By becoming a Registered Member of this Site, you acknowledge and agree that:

i. You are solely responsible for the protection and confidentiality of any password or member identification that may be issued to or subscribed for by you from time to time.

ii. You will not reveal (or cause to be revealed through any act or omission) your Password to any other person.

iii. You will immediately notify us if your Password is lost or becomes known to any other person.

iv. You are solely responsible for all access to and use of this Site via your password, whether such access or use is by you or any other person; and

v. Any information you provide to us for posting or inclusion in our online community, at any time, becomes our property.

The personal information you provide to Maternal Instincts by Amberley will be treated strictly under our Privacy Policy at https://www.maternal-instincts.com.au/privacy-policy/

4. Membership fees and payment

4.1 The current 662movement membership fee is as advertised on our website.

4.2 Where a member cancels membership and subsequently requests to rejoin, they may do so at the current advertised membership fee on the website.

4.3 Payment of membership fee is monthly.

4.4 All payments are processed through Stripe and PayPal.

4.5 Maternal Instincts by Amberley does not retain credit or debit card information and information provided by you for processing payment is managed by the Privacy Policy of the third-party payment processor.

4.6 Membership fees are in Australian Dollars ($AUD) only.

4.7 Maternal Instincts by Amberley reserves the right to change fees at any time without notice. Please check the website for updated fees.

4.8 Existing members will be provided with 30 days’ notice of any fee change.

4.9 Unless stated to be otherwise, charges referred to for any goods or services supplied (or offered for supply) via our website are stated inclusive of GST.

5. Content and delivery

5.1 Content is updated monthly.

5.2 Content is available to the member for the duration of the Membership subscription.

5.3 Upon cancellation, access to content will cease to be available after the last day of the billing cycle of the month of cancellation.

Delivery

5.4 The main method of delivery of content is through videos, emails and Lives.

5.5 Workbooks, templates and checklists are available via PDF downloads.

5.6 All live coaching is presented within the private 662movement Members Facebook group.

5.7 Membership announcements will be shared via the Facebook group.

5.8 Content from time to time may also be delivered by email.

6. Member Obligations

Conduct

6.1 When using our Products and Services, you may be given access to Facebook groups, review services or other forums (Online Community) in which you may post comments, photos, messages or other material (Your Content).

6.2 When posting Your Content, you agree that you will not post or otherwise publish through this Site or our Online Community any of the following:

a. Content that is unlawful, fraudulent, misleading, deceitful, threatening, abusive, libellous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, abusive, offensive, inflammatory or otherwise objectionable.

b. Content that harasses, degrades, intimidates or is hateful to an individual or group of individuals based on religion, gender, sexual orientation, race, ethnicity, age or disability.

c. Information that includes personal or identifying information about another person without that person’s consent.

d. Information that constitutes promotion or advertisement for product or services offered through competing internet platforms and businesses, except as otherwise expressly permitted by us.

e. Any information or content that impersonates any person or entity.

6.3 By posting or otherwise publishing Your Content on our Site or Online Community, you:

a. Grant us a non-exclusive, worldwide, royalty-free, perpetual, license to use, reproduce, edit and exploit Your Content in any form and for any purpose;

b. Warrant that you have the right to grant the above licenses;

c. Warrant that Your Content does not breach these Terms; and

d. Consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you add any content in which any third party has moral rights, you must also ensure that the third party also consents in the same manner.

6.4 Maternal Instincts by Amberley reserves the right to:

a. Review, modify, reformat, reject or remove Your Content that, in our opinion, violates these Terms or otherwise has the potential to harm, endanger or violate the rights of any person; and

b. Monitor use of the Site, and store or disclose any information that we collect, including to investigate compliance with the Terms or for any police investigation or governmental request.

6.5 Whilst using this Site and/or our Online Community, you agree you will not:

a. Contact anyone who has asked not to be contacted.

b. Collect personal data about other users for commercial or unlawful purposes.

c. Infringe other user’s privacy rights.

d. Violate the intellectual property of others.

e. Post anything that contains software viruses, worms or any other harmful code.

f. Use manual or automated software, devices, script robots, other means or processes to access our Site or any related data or information.

6.6 It is your responsibility to commit sufficient time and resources to learning and implementation required in the Membership to achieve reasonable results for your purpose.

7. Medical Disclaimer

7.1 All 662movement Membership Products and Services offered on the website and via subscription are intended for general education and information purposes only.

7.2 Nothing on this Site, or any of the content provided to you by us during our provision of the Products and Services, purports to offer tailored or individual medical or other professional advice.

7.3 You are advised to always seek professional advice from your doctor, midwife or health professional before acting on any information that we provide.

7.4 The 662movement Membership provides breastfeeding education, coaching, support, guidance, and tools for new mothers and carers of babies from birth to 2 years and beyond, but any decision you make, and the consequences that flow from such decisions are your sole responsibility.

7.5 Your success in breastfeeding and complementary nutrition for the baby in your care depends on many factors, including but not limited to, your commitment, abilities, skills and background and application.

7.6 Any testimonials and examples within our marketing materials are not to be taken as a guarantee that you will achieve the same or similar results.

7.7 You acknowledge and agree that Maternal Instincts by Amberley, its employees, and representatives are not responsible for decisions that you may make nor losses that may arise out of a personal decision made by you at any time.

8. Refunds

8.1 Refunds are not provided for membership fees or products and services that have been provided by us where you have been given access to Our Content or our Online Community, whether accessed by you or not, unless we are in breach of the Australian Competition and Consumer Act 2010.

9. Cancellation

9.1 You may cancel your membership at any time by logging into ThriveCart dashboard and cancelling it yourself. Instructions are located in the #662Movement Members Portal.

9.2 Upon cancelling your membership, you will still have access to the site until the end of the paid month.

10. Right to terminate

10.1 We reserve the right to terminate your use of the Site, Online Community or our Products and Services generally if you breach these terms, including conduct, as determined by us in our sole discretion.

11. Intellectual property and copyright

11.1 All material on this Site and in any online community hosted by this Site, or otherwise delivered by Maternal Instincts by Amberley including (but not limited to) videos, templates, PDF information downloads, Facebook live recordings (Our Content), is subject to copyright.

11.2 While you may browse or print our content for non-commercial, personal or internal business use, you must obtain our prior written permission if you’d like to use, copy or reproduce it for any commercial purpose.

11.3 Modification of our Content for any other purpose other than personal or internal business use is a violation of our copyright and other proprietary rights and is strictly prohibited.

11.4 You acknowledge that you do not acquire any ownership rights by using the Site or our content.

11.5 The trademarks, logos, and service marks displayed on our Site are the registered or unregistered trademarks of Maternal Instincts by Amberley.

11.6 The trademarks whether registered or unregistered, may not be used in connection with any product or service that does not belong to Maternal Instincts by Amberley, in any manner that is likely to confuse with consumers, or in any manner that disparages Maternal Instincts by Amberley.

11.7 Nothing contained on this Site or in our Online Community should be construed as granting, by implication or otherwise, any license or right to use any trademark without our express written permission.

11.8 You agree that damages may be an inadequate remedy to a breach of these Terms and acknowledge that Maternal Instincts by Amberley will be entitled to seek injunctive relief if such steps are necessary to prevent violations of its intellectual property rights.

12. Links to third-party websites

12.1 This Site may include links to other websites maintained by third parties which are not under the control of Maternal Instincts by Amberley (Linked Sites).

12.2 Linked Sites are made available to you solely as a convenience, and the inclusion on the Site of links to Linked Sites does not imply endorsement by Maternal Instincts by Amberley of the Linked Sites.

12.3 You access Linked Sites at your own risk and by accessing them you leave the Site.

13. Liability is limited

13.1 The disclaimers, liability limitations, and indemnities within these Terms do not exclude your rights from those under Australian Consumer Laws.

13.2 Maternal Instincts by Amberley is not responsible for and accepts no liability for, content uploaded, posted, transmitted or otherwise made available on the Site by any person other than us.

13.3 Maternal Instincts by Amberley will not be taken to have uploaded, posted, transmitted or otherwise made content available on the Site simply by facilitating others to post, transmit or otherwise make content available.

13.4 Maternal Instincts by Amberley does not endorse any opinion, advice or statement made by any person other than us.

13.5 You agree that we will not be liable for any loss or damage which you incur as a result of the use of this Site including without limitation, damage caused by access delays, computer viruses, system failure or malfunction which may occur in your use of the Site or Online Community including a hyperlink to or from third-party websites.

14. Indemnity

14.1 You indemnify us from all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred or suffered by you or us as a consequence of using or attempting to use our information, products, services or any breach by you or your agents of these Terms.

14.2 We are not responsible for, and expressly disclaim all liability for damages of any kind arising out of use, reference to, or reliance on any information contained within our Site, Online Community or through use of our products or services.

15. Assignment

15.1 Transfer or assignment of your membership for any reason is not permitted under this Agreement.

15.2 We may assign or transfer our obligations under these Terms at any time, subject to giving you four (4) weeks prior notice in writing.

16. Dispute resolution

16.1 Should a dispute arise between us, we strongly encourage you to contact Amberley Harris amberley@maternal-instincts.com.au to seek a resolution.

16.2 Any reasonable requests will be considered, and any refund agreed to is at the absolute discretion of Maternal Instincts by Amberley.

16.3 Maternal Instincts by Amberley will attempt to resolve any escalated dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

17. Applicable law

These Terms shall be construed under and governed by the laws of the State of Victoria. You consent to the exclusive jurisdiction of the courts in Victoria to determine any matter or dispute which arises between you and Maternal Instincts by Amberley

If you have questions or comments regarding this Site, or Maternal Instincts by Amberley products or services or about the 662movement Membership, please email Amberley Harris at amberley@maternal-instincts.com.au

By proceeding with your membership subscription, you are confirming that you have read, understood and accepted the terms of this Agreement.