[last updated November 2017]
The business that provides this website and other online services
Our websites and social media pages are made by Zycia Pty Ltd ABN 13 149 634 828 of Camberwell, VIC 3124, including https://conceivebaby.com.au and https://tashajennings.com.au. You can contact us via email email@example.com].
When you read words that refer to the names of our websites, “Zycia”, “us”, “our” or “we”, it means Zycia Pty Ltd, and the words “you”, “user” or “your” means you, the visitor to our website and all social media pages we provide (collectively called our “online services”).
By using this website you are agreeing to be automatically bound by these terms and conditions. Our terms and conditions include:
- Payments and refunds
We encourage you to carefully read and understand these terms and conditions before using the website or any of our services. If you don’t agree, your remedy is to stop using our online services.
Unless otherwise specified, all the terms and conditions applicable to our online services constitute the entire agreement between you and us with respect to our online services.
We may update our terms and conditions from time to time and the new provisions will apply from the date they are updated by notice on our website.
Feedback, comments or complaints
If you have any questions, please contact us at firstname.lastname@example.org and we will usually respond to all enquiries within two business days. We welcome the opportunity to talk with you and address any concerns before you feel the need to share with others.
No unlawful or prohibited use
As a condition of your use of our online services, you warrant that you will not use our online services for any purpose that is unlawful or prohibited by these terms and conditions. You may not use our online services in any manner which could damage, disable, overburden, or impair our online services or interfere with any other party’s use and enjoyment of our online services.
You expressly agree not to:
- hack into areas of our online services that are not intentionally made available to you
- add malicious code to our online services which may affect us or visitors to our online services
- use the website as a lead generation tool for the benefit of your own business, or to manufacture “lists” in order to help your own business, without our prior approval
- engage in any internal or external spamming, or other similar actions
- engage in any unlawful or immoral acts, or acts which are in violation of these terms and conditions
- decompile, reverse engineer, or try to copy or imitate our online services or underlying content
Contributors and Advertisers
We may offer you the opportunity to produce content for our online services or advertise on our online services. Without limiting anything else in these terms and conditions, as an advertiser or contributor you:
- agree to pay any fees for advertising on our online services as and when they are due;
- agree to provide us with copies of your advertising material in a manner and timeframe that we specify;
- agree to ensure that the advertising material complies with all relevant laws and regulations, and does not contain any content that is prohibited or restricted by Australian law, is misleading or deceptive or contains defamatory statements or content;
- agree to ensure that advertisements or content do not contain anything that infringes upon or violates the rights of any third party, including copyright, trade mark, privacy, or other personal or proprietary rights;
- agree to ensure any links or uploads are free from worms, viruses or other types of malicious or harmful programs or code;
- grant to us an irrevocable, world-wide, non-exclusive, royalty-free and perpetual licence and right to use your content, and where applicable, to display your business name and trademarks on our online services; and
- agree that we may remove or disable your advertisement or content, at our sole discretion, if we believe your content to be in breach of our terms and conditions. If we remove your content, we reserve the right to deny you the use of our online services in the future.
We will use all reasonable endeavours to maintain your advertisement on our online services in accordance with your instructions and specifications. Please be aware that positioning and placement of your advertisement on our online services will be at our discretion, unless otherwise agreed in writing.
Sponsored content and advertising will be clearly identified.
By using our website, you acknowledge that our advertisers are third party advertisers and we do not have any connection with them. We do not recommend or endorse them, and we are not affiliated with an advertiser, unless we give notice otherwise.
Whilst we take reasonable care to monitor our website, we do not take any liability or obligation for the content, information, goods or services of third party advertisers. You use third party goods and services at your own risk.
We are not responsible for any loss, damage or issues you may have with an advertiser and cannot be held responsible for any direct or indirect loss you may suffer because of using their products or services.
Our online services may contain links to other websites (Linked Sites). The Linked Sites are not under our control and we are not responsible for the contents of a Linked Site. We are not responsible for any form of transmission received from any Linked Site. Links are provided to you only as a convenience, and the inclusion of any link does not imply our endorsement of the website, any products or services advertised on that website, or any association with its operators.
You agree to provide true and correct details when setting up your account. You will not create more than one account with us.
You agree that you will not share your username and password with anyone. You acknowledge that you will take all reasonable steps to ensure that no other person is able to access your account.
You agree that we can contact you as and when needed to provide the services offered by us via the email address and/or contact phone number where made available that you use to set up your account. You acknowledge that it is your responsibility to keep your contact details up to date.
Copyright, Trademarks and other Intellectual Property
Zycia owns the intellectual property rights in the contents of our online services, or has permission to use or display the material on our online services. You may not use, copy, display, distribute, modify, translate, reformat, incorporate into advertisements and other works, promote, create derivative works, or in any way exploit or allow others to exploit any of our online services content in whole or in part except as expressly authorised by us. Please contact us at email@example.com if you require permission to reproduce any of the contents of our online services.
Images and item descriptions posted on our online services (particularly social mediat) by third parties are the responsibility of those third parties and may be subject to copyright. You must seek permission from the third party before using any of their content.
The names of actual companies and products mentioned on our online services may be the trade marks of their respective owners. Any example or case study company, organization, product, person or event depicted on our online services are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.
Permission: You may access, download, or print material from the website for your personal use only. Sharing without prior permission and commercial use of any sort is expressly prohibited. You agree not to change or delete any copyright or proprietary notice from materials downloaded from our online services or any site accessible through our online services.
Except as otherwise expressly granted to you in writing, we do not grant you any other express or implied right or license to our online services content, or to our intellectual property.
If you believe that there is material on our online services that infringes third party intellectual property rights, please contact us at firstname.lastname@example.org with sufficient information to enable us to determine who is the owner of the intellectual property, and to allow us to form the reasonable belief that there has been an infringement. Then we will remove it from our online services.
Be aware that you may be subject to liability if you knowingly make any misrepresentations when providing information to us.
We make efforts to maintain the security of our online services. We arrange for encryption, firewall, antivirus, and spyware protection to the extent that we deem advisable to protect your personal information, the integrity of our online services, and conduct our business. However, we do not guarantee the security of the online services, our records, or your content.
We disclaim all liability for any computer virus or technological problems that we do not intentionally cause or that is beyond our control. You are encouraged to install and maintain up-to-date security software on your computer.
Continuous accessibility to the website is dependent upon third party services. As a result, the website may be inaccessible from time to time.
You acknowledge and agree that your use of our online services is at your own risk. No information, product or service available on our online services is intended for the use of diagnosis or treatment of any medical condition without appropriate advice.
YOU MUST CONSULT YOUR HEALTH PRACTITIONER FOR DIAGNOSIS AND OR TREATMENT.
While every care is taken, we make no representations about the suitability, reliability, availability, timeliness, and accuracy of anything contained on our online services for any purpose, to the maximum extent permitted by applicable law, anything contained on our online services is provided “as is” without warranty or condition of any kind.
Anything available via our online services may include inaccuracies or typographical errors. Changes are periodically made to the information on and available via our online services.
Articles and other information available via our online services are provided for your information only. You acknowledge and agree that no information or advice provided by us constitutes medical, legal or financial advice or advice of any other regulated industry or creates a warranty of any kind with respect to our online services. You acknowledge that you should consult an appropriate health professional for specific advice tailored to your situation.
This disclaimer applies to the fullest extent permitted by law, and survives any termination or expiration of this agreement or your use of our online services or the services found on our online services.
Limitation of liability
We will not be liable to you or any other person or entity for any damages arising as a result of your use of our online services, subject to the requirements of Australian Consumer Law.
Where warranties are implied by law, you acknowledge and agree that the total aggregate liability to us is limited at our discretion to:
- the provision of those services again, or
- a refund equal to the total amount paid by you for the services that are the subject of your claim, even if those services were provided to you without cost, or
- the replacement of a product purchased by you, or
- the refund of the purchase price of a product purchased by you.
This limitation of liability applies to the fullest extent permitted by law, and survives any termination or expiration of this agreement, or your use of our online services or the services found on our online services.
You agree to indemnify and defend us from any claims, damages, liabilities, costs, or expenses (including without limitation court costs, collection costs, and reasonable legal fees) related to:
- any content you publish on our online services,
- any claim made relating to your advertisement on our online services,
- your unauthorised use of our online services, or products or services included or advertised on our online services; or
- your breach of these terms and conditions.
This agreement is governed by the laws of Victoria and Australia. You agree to be subject to the jurisdiction of the courts of Victoria if there was a serious dispute between us.
You may provide notice to us through the contact us page or otherwise by email addressed to ‘The Managing Director, Zycia Pty Ltd’ and sent to email@example.com]. We may provide notice to you via email or other electronic means.
You agree that no joint venture, partnership, employment, or agency relationship exists between us as a result of this agreement, or use of our online services.
Our performance of this agreement is subject to existing laws and legal process. Nothing contained in these terms can be used to inhibit our right to comply with governmental, court and law enforcement requests or requirements relating to your use of our online services, or with regard to information provided to us, or gathered by us, about your use of our online services.
If any part of these terms and conditions is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations, then the invalid or unenforceable provision will be deemed replaced by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the terms and conditions will continue in effect.