BY USING ANY OF OUR PLATFORMS, PRODUCTS, MATERIALS AND SERVICES (TOGETHER “THE SERVICES OR OFFERINGS”) YOU AGREE TO THE MATERNAL INSTINCTS BY AMBERLEY (“MIBA”) TERMS AND CONDITIONS, POLICIES AND GUIDELINES THAT FORM PART OF THIS AGREEMENT (“THE AGREEMENT”). IF AT ANYTIME YOU DO NOT AGREE, PLEASE DO NOT CONTINUE TO USE THE SERVICES.
It is important that you read and understand this Agreement. By accessing, using or purchasing the Services and Offerings you are agreeing to be bound by the terms of the Agreement, and with all other MIBA policies and guidelines that form part of the Agreement.
Using the Services and Offerings in any way other than what is expressly stated in the Agreement will amount to a material breach of the Agreement, in which case the Agreement may be terminated in accordance with the Termination provisions as outlined.
The Agreement does not modify, restrict or exclude any additional rights you may have under applicable laws that cannot be so modified, restricted or excluded.
You agree to use the Services and Offerings in a safe and responsible manner, in accordance with the Agreement and all other MIBA policies and notices that form part of the Agreement.
You acknowledge you are over the age of 15 and that you will not use or attempt to use the Services if you are under the age of 15. You agree that you will not facilitate the use of the Services for anyone under the age of 15, even if you are the parent or guardian of the minor.
You agree that your use of the Services is at your own risk.
You agree to comply with all laws, rules and regulations applicable to your use of the Services, not to encourage or enable any other individual to infringe any laws rules or regulations.
You agree you may not use the Services for any purpose that is unlawful or prohibited by the Agreement, or to solicit the performance of any illegal activity or other conduct that infringes the rights of MIBA or others.
You agree not to engage in any activity that may result in injury, death, property damage, and/or liability of any kind.
You agree you may not use any automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Services, or in any way reproduce or circumvent the structure or presentation of the Services, to obtain or attempt to obtain any materials or information through any means not purposely made available on or through the Services.
You agree you must not interfere or disrupt the Services or servers or networks connected to the Services.
You agree you may not breach the security or authentication procedures of the Services, or any network connected to the Services, in an attempt to gain unauthorised access to any part of the Services by hacking, password “mining” or any other illegitimate means.
You agree you may not seek to trace any information of another User, including an MIBA Account not owned by you, or exploit the Services in any way where the purpose is to reveal information.
You agree you may not manipulate identifiers in order to disguise the origin of any communication you send to or through MIBA. You may not pretend that you are, or that you represent someone else, or impersonate any other individual or entity.
You may not defame, stalk, bully, abuse, harass, threaten and intimidate people, or restrict another user in any way from the use and enjoyment of the Services.
You may not use the Services, or any part of, for any commercial purpose or for the benefit of any third party, including but not limited to; incorporating, modifying, copying, reproducing, republishing, uploading, posting, transmitting, translating, selling, creating derivative works, exploiting, or distributing in any manner or medium (including by email or other electronic means) any content or other information accessed or purchased through our Services, or any other communications provided by us for your own personal use, or in a manner not permitted by the Agreement.
MIBA is responsible for the support and maintenance of MIBA Services only. MIBA may at any time and without notice, modify, suspend or terminate the operation of, or access to the Services, or any part of, for any reason, to interrupt the operation of the Services, or any part of, as necessary to perform maintenance, error correction or other changes.
GRANT OF LICENCES BY MIBA TO YOU
The Services are the property of MIBA and its licensors, and are licensed, not sold to you under this Agreement.
Subject to the terms of this Agreement, MIBA grants you a limited non-exclusive, non-transferable, non sub-licensable license to download and install a copy of the Services made available to you solely for your own personal, non-commercial purposes.
You agree you may not (i) copy, modify, or create derivative works based on the Services (ii) distribute, transfer, sublicense, lease, lend, or rent the Services to any third party; (iii) modify, decompile, or disassemble the Services.
BY YOU TO MIBA
By making any User Content available through or in connection with the Services, you grant to MIBA a non-exclusive, perpetual, irrevocable, transferable, non sub-licensable, worldwide, royalty-free license to use, copy, cache, store, archive, reproduce, record, modify, publicly display, publicly perform, publish, republish promote, exhibit, distribute, transmit, broadcast, synchronise, edit, adapt, sublicense, create derivative works based upon your User Content in connection with operating and providing the Services and the advertising, marketing and promotion thereof.
MIBA may enable access to third-party Services and Content (“External Services”) however to the extent you choose to use such External Services you agree MIBA does not guarantee the accuracy, integrity or quality of third party External Services, and shall not be liable for any third party External Services.
You agree that MIBA shall not be responsible or liable for any loss, damage, refunds, or other matters of any sort that incurred as the result of such dealings with third party External Services.
PURCHASES AND PAYMENTS
You agree to be financially responsible for all purchases and payments made by you or someone acting on your behalf. You agree to use our Services for legitimate, non-commercial purposes only and not for speculative, false, fraudulent, or illegal purposes.
Not all MIBA Services will have the same terms of purchase, options for payment or fees. You agree that it will be your responsibility to review the applicable terms and costs for the Services relevant to you.
By purchasing any of the Services, therefore, being a party to a Sale, you agree to the cost of sale (Service Price), as advertised by MIBA at the time of the Sale.
Access to the Services will only be granted after payment for the Services has been made.
If you have selected an option for a Payment Plan, your initial payment and agreement to the plan will be deemed payment for the purpose of accessing the Services.
Options for Payment Plans and Payment Plan Extensions are discretionary. MIBA reserves the right to grant or refuse Payment Plan options.
If an application for a Payment Plan Extension is declined, your final payment for the full Service Price will be due and payable upon the date agreed to in the Payment Plan.
MIBA reserves the rights to recover the full Service Price.
MIBA reserves the right to change the Service Price of any Services from time to time, without notice to Users, however MIBA may not change the Content Price of an agreed Sale.
POINT OF SALE
MIBA may use a payment -processing merchant for purchases and payments, or payment platforms, where you may be directed. By purchasing the Services, you agree to comply with the MIBA terms of Purchases and Payment as well as those provided by the payment- processing merchant or those of the payment platform.
All information obtained during your purchase or transaction for the Services and all of the information that you give as part of the transaction, such as your name, address, method of payment, credit card number, and billing information, may be securely collected by both us and our payment processing merchant.
You agree to only purchase the Services for yourself or for another person for whom you are legally permitted to do so or for whom you have obtained the express consent to provide their name, address, method of payment, credit card number, and billing information.
MIBA reserves the right to change the preferred payment gateway, from time to time, without notice to any Customers. All transactions are processed in AUD figures.
Refunds are discretionary. MIBA reserves the right to grant or refuse refunds.
We do not offer refunds for change of mind. If you voluntarily decide to withdraw from the Services at any time or for any reason, you still will remain fully responsible for the full cost of the Services.
We do offer refunds or options to replace or re-schedule the Services (where applicable) in cases of Injury, illness, death, force majeure or in certain circumstances where MIBA is at fault.
You acknowledge and agree the Services contain information and material that is owned by MIBA, and is protected by all Intellectual Property and Copyright Laws recognised throughout the world, whether existing under statute, at Common Law or in equity, now or hereafter in force. No part of the Services may be used, reproduced or exploited in any form or by any means, except as expressly permitted by this Agreement.
You acknowledge and agree to respect the Intellectual Property Rights of others, including but not limited to MIBA Users, Licensors, External Service Providers and third parties, by not using, reproducing or exploiting any Content or User Content that infringes their Intellectual Property Rights recognised throughout the world, whether existing under statute, at Common Law or in equity, now or hereafter in force.
This Agreement does not transfer any Intellectual Property Rights from MIBA to you or any third parties. If you infringe the Intellectual Property Rights of MIBA or any other third party, MIBA has the right to deny access to or terminate your use of the Services.
You are granted no right or license with respect to the MIBA trademarks, service marks, graphics, and logos used in connection with the Services.
MIBA may terminate your access and/or future access to the Services, effective immediately, with no liability to you or any third party for the following reasons:
Where you are in breach of any of the Terms and Conditions of the Agreement or any related Policies or parts of the Agreement;
Where at any time you have committed any act of wilful or serious misconduct;
Where you have created a risk or possible exposure for MIBA;
Where there are unexpected technical issues or problems;
At the request of a law enforcement or government authority; or
Upon a request by you.
In the event that this clause of the Agreement is applicable, the relevant terms of the Agreement will survive Termination.
WARRANTIES AND LIABILITY
CERTAIN LEGISLATION, INCLUDING THE AUSTRALIAN COMPETITION AND CONSUMER ACT 2010 (CTH), MAY LIMIT THE ABILITY TO EXCLUDE LIABILITY OR MAY IMPLY WARRANTIES OR CONDITIONS OR IMPOSE OBLIGATIONS WHICH CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED EXCEPT TO A LIMITED EXTENT. THESE TERMS MUST IN ALL CASES BE READ SUBJECT TO THESE STATUTORY PROVISIONS. IF MIBA IS LIABLE TO YOU UNDER THE AUSTRALIAN COMPETITION AND CONSUMER ACT 2010 (CTH) OR SIMILAR LEGISLATION, TO THE EXTENT TO WHICH MIBA IS ENTITLED TO DO SO, MIBA LIMITS ITS LIABILITY IN RESPECT OF ANY CLAIM UNDER THOSE PROVISIONS TO: IN THE CASE OF GOODS, AT MIBA’S OPTION: THE REPLACEMENT OF THE GOODS OR THE SUPPLY OF EQUIVALENT GOODS; THE REPAIR OF THE GOODS; THE PAYMENT OF THE COST OF REPLACING THE GOODS OR OF ACQUIRING EQUIVALENT GOODS; OR THE PAYMENT OF THE COST OF HAVING THE GOODS REPAIRED; AND, IN THE CASE OF SERVICES, AT MIBA’S OPTION: THE SUPPLYING OF THE SERVICES AGAIN; OR THE PAYMENT OF THE COST OF HAVING THE SERVICES SUPPLIED AGAIN.
MIBA DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME MIBA MAY REMOVE THE SERVICES FOR INDEFINITE PERIODS OF TIME, CANCEL THE SERVICES AT ANY TIME, OR OTHERWISE LIMIT OR DISABLE YOUR ACCESS TO THE SERVICES WITHOUT NOTICE TO YOU, WHERE REASONABLY NECESSARY TO PROTECT MIBA’S LEGITIMATE INTERESTS.
YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES AND ALL CONTENT DELIVERED TO YOU THROUGH THE SERVICES ARE (EXCEPT AS EXPRESSLY STATED BY MIBA) PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU. IN ADDITION, UNDER THE AUSTRALIAN CONSUMER LAW, THERE ARE CERTAIN CONSUMER GUARANTEES THAT CANNOT BE EXCLUDED, INCLUDING GUARANTEES AS TO MERCHANTABILITY, FITNESS FOR PURPOSE, SUPPLY BY DESCRIPTION, REPAIRS AND TITLE.
IN NO CASE SHALL MIBA, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF ANY OF THE SERVICES OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES AND/OR CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.
BECAUSE SOME COUNTRIES, STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES IN SUCH COUNTRIES, STATES OR JURISDICTIONS, MIBA’S LIABILITY SHALL BE LIMITED TO THE EXTENT SUCH LIMITATION IS PERMITTED BY LAW.
MIBA SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SERVICES, BUT YOU AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND YOU HEREBY RELEASE MIBA FROM ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
MIBA DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICES WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND YOU HEREBY RELEASE MIBA FROM ANY LIABILITY RELATING THERETO. YOU SHALL BE RESPONSIBLE FOR BACKING UP YOUR OWN SYSTEM, INCLUDING ANY CONTENT ACQUIRED OR RENTED THROUGH THE SERVICES.
MIBA IS NOT RESPONSIBLE FOR DATA CHARGES YOU MAY INCUR FOR DOWNLOADING OR STREAMING OVER A DATA CONNECTION.
WAIVERS AND INDEMNITY
BY USING THE SERVICES, YOU AGREE, TO THE EXTENT PERMITTED BY LAW, TO INDEMNIFY AND HOLD MIBA, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR MISUSE OF THE SERVICES, OR, TO THE EXTENT PERMITTED BY LAW, ANY ACTION TAKEN BY MIBA AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT YOU SHALL NOT SUE OR RECOVER ANY DAMAGES FROM MIBA, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE SERVICES, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF MIBA’S REASONABLE CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.
The Agreement between you and MIBA have shall be governed by the laws of Victoria, Australia. You agree to submit to the exclusive jurisdiction of the courts of the State of Victoria, or other such competent courts, to resolve any dispute or claim arising from this Agreement.