TERMS AND CONDITIONS
Thank you for visiting our website and/or App www.joymamma.com.au (“Website”). This website is owned and operated by Caroline Jane Jeff (ABN 42 542 458 871) trading as Joymamma of 8 Malabar Court. Mountain Creek, Queensland 4557 (“Joymamma”). By accessing and/or using this Website and related services, you agree to these Terms and Conditions, which include our Privacy Policy (“Terms”).
In these Terms, 'us', 'we' and 'our' means Joymamma and our related bodies corporate.
1. Acceptance of Terms
You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms or making a payment where this option is made available to you. Joymamma has the right to modify the policies, conditions, payments, commissions and these Terms.
2. Collection Notice
We collect personal information about you in order to respond to your enquiry or provide you with further information and for purposes otherwise set out in our Privacy Policy.
We may disclose that information to third parties that help us deliver our services (including information technology suppliers, communication suppliers and our business partners) or as required by law. If you do not provide this information, we may not be able to provide all of our services to you. We may also disclose your personal information to recipients that are located outside of Australia.
If you would like any further information about our privacy policies or practices, please contact us at carrie@joymamma.com.au.
3. Accuracy, completeness and timeliness of information
The information on our Website and the growing resources are not intended to provide a comprehensive summary of the subject matter covered.
The content on the Website does not replace the face to face relationship with your medical professional and/or healthcare practitioner. We encourage you to seek medical advice and/or healthcare advice in addition to the advice we provide you.
Third parties may be permitted to post content on our Website. While we use all reasonable attempts to ensure the accuracy and completeness of the information on our Website, to the extent permitted by law, including the Australian Consumer Law, we make no warranty regarding the information. You should monitor any changes to the information contained on this Website.
We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of this Website or a linked website. You must take your own precautions to ensure that whatever you select for your use from our Website is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer systems.
We may, from time to time and without notice, change or add to the Website (including the Terms) or the information, products or services described in it. However, we do not undertake to keep the Website updated. We are not liable to you or anyone else if errors occur in the information on the Website or if that information is not up-to-date.
You agree that you will not hold us responsible for any damage caused directly or indirectly as a result of the services which originated through the Website.
4. Obligations of Users
You must comply with the following:a) you will use the Website only for purposes that are permitted by:
i) the Terms; and
ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
b) you will not interfere with (or attempt to interfere with) or disrupt (or attempt to disrupt) our site or the servers or networks that host our Website;
c) you will not use, copy or distribute (or attempt to use, copy or distribute) content without our express permission;
d) you will not interfere (or attempt to interfere) with any security-related or other features of our Website;
e) any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify us of any unauthorised use of your password or email address or any breach of security of which you have become aware;
f) you will not use the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by us;
g) you will not use the services or Website for any illegal and/or unauthorised use;
h) you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the services. You agree that appropriate legal action will be taken by us for any illegal or unauthorised use of the Website; and
i) you acknowledge and agree that any automated use of the Website or its services is prohibited.
5. HypnoBirthing Thailand 2020
Joymamma will keep all information exchanged during HypnoBirthing Thailand 2020 in strict confidentiality. We are prohibited from disclosing protected confidential information to anyone else without reason to know such information, except as when required by law or upon written authorisation by you.
10. Linked sites
Our Website may contain links to websites operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we do not endorse and are not responsible for the content on those linked websites and have no control over or rights in those linked websites.
11. Intellectual property rights
Unless otherwise indicated, we own or license from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in this Website and in all of the material (including all text, graphics, logos, audio and software) made available on this Website (Content).
Your use of this Website and use of and access to any Content does not grant or transfer any rights, title or interest to you in relation to this Website or the Content. However, we do grant you a licence to access the Website and view the Content on the terms and conditions set out in this Agreement and, where applicable, as expressly authorised by us and/or our third party licensors.
Any reproduction or redistribution of this Website or the Content is prohibited and may result in civil and criminal penalties. In addition, you must not copy the Content to any other server, location or support for publication, reproduction or distribution is expressly prohibited.
All other use, copying or reproduction of this Website, the Content or any part of it is prohibited, except to the extent permitted by law.
12. Force majeure
You must not do any act that we would deem to be inappropriate, is unlawful or is prohibited by any laws applicable to our Website, including but not limited to:
14. Indemnity
To the maximum extent permitted by law, you must indemnify us, and hold us harmless, against any liability suffered or incurred by us arising from or in connection with the services. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end. It is not necessary for us to suffer or incur any liability before enforcing a right of indemnity under these Terms.
You agree to indemnify and hold us and its officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including lawyers’ fees) arising out of or in connection with: (i) your use of the services or goods obtained through your use of the services; (ii) your breach or violation of any of these Terms; (iii) Joymamma’s use of your content; or (iv) your violation of the rights of any third party.
15. Dispute Resolution
It is hoped that should we ever have any differences, we could be able to work them out through a phone conversation or e-mail correspondence. However, should a dispute ever arise between us, you agree now that the only remedy that is available to you, or that can be awarded to you, is full refund of your payment. No award of consequential or of any other type of damages may be granted to you.
16. Non-Disparagement
In the event of a dispute between us, you agree to not engage in any conduct or communications, public or private, designed to disparage Joymamma.
17. Jurisdiction and governing law
Your use of the Website and these Terms are governed by the law of Queensland and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in Queensland.
Thank you for visiting our website and/or App www.joymamma.com.au (“Website”). This website is owned and operated by Caroline Jane Jeff (ABN 42 542 458 871) trading as Joymamma of 8 Malabar Court. Mountain Creek, Queensland 4557 (“Joymamma”). By accessing and/or using this Website and related services, you agree to these Terms and Conditions, which include our Privacy Policy (“Terms”).
In these Terms, 'us', 'we' and 'our' means Joymamma and our related bodies corporate.
1. Acceptance of Terms
You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms or making a payment where this option is made available to you. Joymamma has the right to modify the policies, conditions, payments, commissions and these Terms.
2. Collection Notice
We collect personal information about you in order to respond to your enquiry or provide you with further information and for purposes otherwise set out in our Privacy Policy.
We may disclose that information to third parties that help us deliver our services (including information technology suppliers, communication suppliers and our business partners) or as required by law. If you do not provide this information, we may not be able to provide all of our services to you. We may also disclose your personal information to recipients that are located outside of Australia.
If you would like any further information about our privacy policies or practices, please contact us at carrie@joymamma.com.au.
3. Accuracy, completeness and timeliness of information
The information on our Website and the growing resources are not intended to provide a comprehensive summary of the subject matter covered.
The content on the Website does not replace the face to face relationship with your medical professional and/or healthcare practitioner. We encourage you to seek medical advice and/or healthcare advice in addition to the advice we provide you.
Third parties may be permitted to post content on our Website. While we use all reasonable attempts to ensure the accuracy and completeness of the information on our Website, to the extent permitted by law, including the Australian Consumer Law, we make no warranty regarding the information. You should monitor any changes to the information contained on this Website.
We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of this Website or a linked website. You must take your own precautions to ensure that whatever you select for your use from our Website is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer systems.
We may, from time to time and without notice, change or add to the Website (including the Terms) or the information, products or services described in it. However, we do not undertake to keep the Website updated. We are not liable to you or anyone else if errors occur in the information on the Website or if that information is not up-to-date.
You agree that you will not hold us responsible for any damage caused directly or indirectly as a result of the services which originated through the Website.
4. Obligations of Users
You must comply with the following:a) you will use the Website only for purposes that are permitted by:
i) the Terms; and
ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
b) you will not interfere with (or attempt to interfere with) or disrupt (or attempt to disrupt) our site or the servers or networks that host our Website;
c) you will not use, copy or distribute (or attempt to use, copy or distribute) content without our express permission;
d) you will not interfere (or attempt to interfere) with any security-related or other features of our Website;
e) any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify us of any unauthorised use of your password or email address or any breach of security of which you have become aware;
f) you will not use the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by us;
g) you will not use the services or Website for any illegal and/or unauthorised use;
h) you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the services. You agree that appropriate legal action will be taken by us for any illegal or unauthorised use of the Website; and
i) you acknowledge and agree that any automated use of the Website or its services is prohibited.
5. HypnoBirthing Thailand 2020
- If you participate in HypnoBirthing Thailand 2020, the inclusions of your package are outlined on the Website.
- In registering and paying a deposit for this package, you agree to:
- pay the remaining balance by 29 February 2020;
- arrive at Koh Phangan by 28 April 2020; and
- arrange and pay for your own transport to and from HypnoBirthing Thailand 2020 in Koh Phangan.
- As your HypnoBirthing Thailand 2020 hosts, we will arrange your accommodation as outlined on the Website.
- As the guest, it is your responsibility to:
- show up on time at the HypnoBirthing Thailand 2020 location in Koh Phangan;
- advise Joymamma with as much notice as possible if you anticipate any delays;
arrange and pay for your own transport to and from the HypnoBirthing Thailand 2020 location; and - promptly provide full payment for the package by 29 February 2020.
- If you participate in HypnoBirthing Thailand 2020 in Koh Phangan Thailand, Joymamma may provide the following services including but not limited to:
- accommodation;
- yoga;
- meditation;
- massage
- However, the details of the services may change depending on the course. The services are subject to availability. Advertised registrations can be withdrawn at anytime if there are not enough registrants. We reserve the right to decline any booking for any individual or for any other service.
- Vaccinations are recommended for certain destinations. Please contact your local GP or your travel doctor who will advise you of these requirements. Please note that some vaccinations may be required weeks in advance of travelling.
- It is strongly recommended that travel insurance is taken out the full duration of HypnoBirthing Thailand 2020, including your travel time from home. There are many options to consider when taking out a policy and it is recommended that you take out a policy that suits you and your travelling companion’s requirements, including any pre-existing conditions.
- Photographs, illustrations and other promotional material displayed on our Website are for promotion purposes only. Accommodation, food, décor and all other elements can change without notice.
- We reserves the right to revise, change, modify or discontinue some of the services at any time and at its sole discretion and without cause or notice, without being required to give any reasons or advance notice to the user and without any liability whatsoever to the user or any third party.
- Joymamma is not a provider of all of these services and has no responsibility for the services provided or not provided by any party. We make no warranty or representation regarding the standard of any service or product to be supplied and no person has authority to make any such representation or warranty on behalf of Joymamma. We have no responsibility and extend no guarantees for discontinued promotions or specific services.
- You acknowledge that Joymamma is not liable if the details of your course and what is included changes from time to time.
- To the maximum extent permitted by law, including the Australian Consumer Law, we make no warranties or representations about the services including but not limited to warranties or representations that they will be complete, accurate or up-to-date, that all the services will be provided and that access will be uninterrupted or error-free.
- You acknowledge that some of the services are provided by third parties. We can make no guarantee in relation to the third parties. We hold no liability to you as a result of any conduct of the contractors or agent or the misuse by any party.
- You acknowledge that you take full responsibility for your health and well-being made before, during and after HypnoBirthing Thailand 2020.
- In registering for HypnoBirthing Thailand 2020 you agree that Joymamma shall not be held responsible for any damage, loss or delay. In registering for HypnoBirthing Thailand 2020, you agree to assume all risks associated with the trip and agree that no liability will be attached to Joymamma for any personal injury, illness, delay, loss or damages to property or health.
- Where the option is given to you, you may make payment for the services (the “Service Fee”) by way of a third-party electronic payment system embedded in the Website.
- In using the Website or when making any payment in relation to your use of the services, you warrant that you have read, understood and agree to be bound by the third party’s terms and conditions which are available on their website (if applicable).
- You acknowledge and agree that where a request for the payment of the Service Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Service Fee.
- Joymamma does not offer refunds for the Service Fee if you change your mind.
- We want you to be happy with your decision to join HypnoBirthing Thailand 2020. However, because we have invested considerable time and effort in planning this package, if you decide to withdraw at any time for any reason whatsoever, you still will remain fully responsible for the full cost of the course, and no refund will be provided.
- If you have paid for your place on HypnoBirthing Thailand 2020, your registration is non-refundable, and non transferable.
- HypnoBirthing Thailand 2020 is not transferable to any future package. All requests for transfers must be received in writing to carrie@joymamma.com.au.
- Joymamma will not provide any refunds if you are unable or cannot attend HypnoBirthing Thailand 2020.
- In Australia, our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these terms and conditions purports to modify or exclude the conditions, warranties and undertakings, and other legal rights, under the Australian Competition and Consumer Act and other laws. Any and all other warranties or conditions which are not guaranteed by the Australian Consumer Law or the Competition and Consumer Regulation 2010 are expressly excluded where permitted, including liability for incidental or consequential damages caused by breach of any express or implied warranty or condition.
Joymamma will keep all information exchanged during HypnoBirthing Thailand 2020 in strict confidentiality. We are prohibited from disclosing protected confidential information to anyone else without reason to know such information, except as when required by law or upon written authorisation by you.
10. Linked sites
Our Website may contain links to websites operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we do not endorse and are not responsible for the content on those linked websites and have no control over or rights in those linked websites.
11. Intellectual property rights
Unless otherwise indicated, we own or license from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in this Website and in all of the material (including all text, graphics, logos, audio and software) made available on this Website (Content).
Your use of this Website and use of and access to any Content does not grant or transfer any rights, title or interest to you in relation to this Website or the Content. However, we do grant you a licence to access the Website and view the Content on the terms and conditions set out in this Agreement and, where applicable, as expressly authorised by us and/or our third party licensors.
Any reproduction or redistribution of this Website or the Content is prohibited and may result in civil and criminal penalties. In addition, you must not copy the Content to any other server, location or support for publication, reproduction or distribution is expressly prohibited.
All other use, copying or reproduction of this Website, the Content or any part of it is prohibited, except to the extent permitted by law.
12. Force majeure
- Joymamma shall not be liable for damages of any kind arising out of any failure or delay by us in performing any or all of its obligations contained herein or in respect of any product or service if the failure or delay is due to circumstances or cause beyond our reasonable control.
You must not do any act that we would deem to be inappropriate, is unlawful or is prohibited by any laws applicable to our Website, including but not limited to:
- any act that would constitute a breach of the law in the relevant jurisdiction;
- any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual's consent) or any other of the legal rights of individuals;
- using this Website to defame or libel us, our employees or other individuals;
- uploading files that contain viruses that may cause damage to our property or the property of other individuals;
- posting or transmitting to this Website any non-authorised material including, but not limited to, material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, pornographic or otherwise or which is detrimental to or in violation of our systems or a third party's systems or network security.
14. Indemnity
To the maximum extent permitted by law, you must indemnify us, and hold us harmless, against any liability suffered or incurred by us arising from or in connection with the services. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end. It is not necessary for us to suffer or incur any liability before enforcing a right of indemnity under these Terms.
You agree to indemnify and hold us and its officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including lawyers’ fees) arising out of or in connection with: (i) your use of the services or goods obtained through your use of the services; (ii) your breach or violation of any of these Terms; (iii) Joymamma’s use of your content; or (iv) your violation of the rights of any third party.
15. Dispute Resolution
It is hoped that should we ever have any differences, we could be able to work them out through a phone conversation or e-mail correspondence. However, should a dispute ever arise between us, you agree now that the only remedy that is available to you, or that can be awarded to you, is full refund of your payment. No award of consequential or of any other type of damages may be granted to you.
16. Non-Disparagement
In the event of a dispute between us, you agree to not engage in any conduct or communications, public or private, designed to disparage Joymamma.
17. Jurisdiction and governing law
Your use of the Website and these Terms are governed by the law of Queensland and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in Queensland.
PRIVACY POLICY
1. We respect your privacy
1. When you visit our Website
1. We respect your privacy
- Caroline Jane Jeff (ABN 42 542 458 871) trading as Joymamma of 8 Malabar Court. Mountain Creek, Queensland 4557 (“Joymamma”) respects your right to privacy and is committed to safeguarding the privacy of our customers, App and website visitors. This policy sets out how we collect and treat your personal information.
- We adhere to the Australian Privacy Principles contained in the Privacy Act 1988 (Cth).
- "Personal information" is information we hold which is identifiable as being about you. This includes information such as your name, email address, identification number, or any other type of information that can reasonably identify an individual, either directly or indirectly.
- You may contact us in writing at carrie@joymamma.com.au for further information about this Privacy Policy.
- Joymamma will from time to time, receive and store personal information you submit to our website, www.joymamma.com.au/or App (the 'Website') provided to us directly or given to us in other forms.
- You may provide basic information such as your name, phone number, address and email address to enable us to send you information, provide updates and process your product or service order.
- We may collect additional information at other times, including but not limited to, when you provide feedback, when you provide information about your personal or business affairs, change your content or email preference, respond to surveys and/or promotions, provide financial or credit card information, or communicate with our customer support.
- Additionally, we may also collect any other information you provide while interacting with us.
- Joymamma collects personal information from you in a variety of ways, including when you interact with us electronically or in person, when you access our Website and when we engage in business activities with you. We may receive personal information from third parties. If we do, we will protect it as set out in this Privacy Policy.
- By providing us with personal information, you consent to the supply of that information subject to the terms of this Privacy Policy.
- Joymamma may use personal information collected from you to provide you with information about our products or services. We may also make you aware of new and additional products, services and opportunities available.
- Joymamma will use personal information only for the purposes that you consent to including to:
- provide you with products and services during the usual course of our business activities;
- administer our business activities;
- manage, research and develop our products and services;
- provide you with information about our products and services;
- communicate with you by a variety of measures including, but not limited to, by telephone, email, sms or mail; and
- investigate any complaints.
- If you withhold your personal information, it may not be possible for us to provide you with our products and services or for you to fully access our Website.
- We may disclose your personal information to comply with a legal requirement, such as a law, regulation, court order, subpoena, warrant, legal proceedings or in response to a law enforcement agency request.
- If there is a change of control in our business or a sale or transfer of business assets, we reserve the right to transfer to the extent permissible at law our user databases, together with any personal information and non-personal information contained in those databases.
- If the users account is deactivated by the user or gets blocked due to irregular activities, the user data will be retained by Joymamma for audit and legal purposes.
- Joymamma may disclose your personal information to any of our employees, officers, insurers, professional advisers, agents, suppliers or subcontractors insofar as reasonably necessary for the purposes set out in this privacy policy.
- If we do disclose your personal information to a third party, we will protect it in accordance with this privacy policy.
- Joymamma is committed to ensuring that the information you provide to us is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure information and protect it from misuse, interference, loss and unauthorised access, modification and disclosure.
- Where we employ data processors to process personal information on our behalf, we only do so on the basis that such data processors comply with these requirements and that have adequate technical measures in place to protect personal information against unauthorised use, loss and theft.
- The transmission and exchange of information is carried out at your own risk. We cannot guarantee the security of any information that you transmit to us, or receive from us. Although we take measures to safeguard against unauthorised disclosures of information, we cannot assure you that personal information that we collect will not be disclosed in a manner that is inconsistent with this Privacy Policy.
- You may request details of personal information that we hold about you in accordance with the provisions of the Privacy Act 1988 (Cth). If you would like a copy of the information which we hold about you or believe that any information we hold on you is inaccurate, out of date, incomplete, irrelevant or misleading, please email us at carrie@joymamma.com.au.
- We reserve the right to refuse to provide you with information that we hold about you, in certain circumstances set out in the Privacy Act or any other applicable law.
- If you have any complaints about our privacy practices, please feel free to send in details of your complaints to carrie@joymamma.com.au. We take complaints very seriously and will respond shortly after receiving written notice of your complaint.
- Please be aware that we may modify this Policy at any time, in our sole discretion and all modifications will be effective immediately upon our posting of the modifications on our Website. Please check back from time to time to review our Privacy Policy.
1. When you visit our Website
- When you come to our Website, we may collect certain information such as browser type, operating system, website visited immediately before coming to our site, etc. This information is used in an aggregated manner to analyse how people use our site, such that we can improve our service.
- We may from time to time use cookies on our Website. Cookies are very small files which a website uses to identify you when you come back to the site and to store details about your use of the site. Cookies are not malicious programs that access or damage your computer. Most web browsers automatically accept cookies but you can choose to reject cookies by changing your browser settings. However, this may prevent you from taking full advantage of our Website. Our Website may from time to time use cookies to analyses website traffic and help us provide a better website visitor experience. In addition, cookies may be used to serve relevant ads to website visitors through third party services such as Google AdWords. These ads may appear on this Website or other websites you visit.
- Our Website may from time to time have links to other websites not owned or controlled by us. These links are meant for your convenience only. Links to third party websites do not constitute sponsorship or endorsement or approval of these websites. Please be aware that Joymamma is not responsible for the privacy practices of other such websites. We encourage our users to be aware, when they leave our Website, to read the privacy statements of each and every website that collects personal identifiable information.