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 (https://www.breastfeeding.asn.au/)
If you would like more information on pregnancy, birth or the postnatal period, go to the Better Health Channel website (https://www.betterhealth.vic.gov.au/)
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.