Lacey Barratt ABN 55 154 786 412
trading as Trustee for Beautiful Chaos Trust (referred to as “we”, “us” or “our”) owns the website available at www.birthphotographer.com.au (Site) and is the provider of the e-Course, Exposing Birth Photography (e-Product).
“You” or “your” refers to any participant in the e-Product and any visitor to our Site.
1 Copyright and Intellectual Property rights
The written, audio and video materials that we provide to you throughout the e-Product and otherwise make available on the Site, contain material which is owned by or licensed to us and is protected by Australian and international laws (Materials). We own the copyright which subsists in all creative and literary works incorporated into our Materials.
We grant you a non-perpetual, non-exclusive, revocable, worldwide and non-transferable right and licence to print, download and use our Materials for the purpose of personal, non-commercial use only.
You agree that, as between you and us, we own all Intellectual Property rights in our Materials, and that nothing in these Terms constitutes a transfer of any Intellectual Property ownership rights in our Materials, except as stated in these Terms or with our written permission.
Your use of our Materials does not grant you a licence, or act as a right to use, any of the Intellectual Property in the Materials, whether registered or unregistered, except as stated in these Terms or with our written permission.
You must not breach our copyright or Intellectual Property rights by, including but not limited to:
altering or modifying any of the Materials;
creating derivative works from the Materials; or
using our Materials for commercial purposes such as on sale to third parties.
2 Distribution of Materials
No part of the Materials, is intended to be distributed, and should not be reproduced, stored or transmitted by any person or entity, including internet search engines or retailers, in any form or by any means, electronic or mechanical, including photocopying (except under the statutory exceptions provisions of the Australian Copyright Act 1968), recording, scanning or by any information storage and retrieval system without our prior written permission.
3 Use of Materials
You agree to use the Materials at your own risk. We will not be liable for loss resulting from any action or decision by you in reliance on the information available through the e-Product or in the Materials.
4 Use of Information
All the information, insights or guidance (Information) supplied during the e-Product, or contained within any of our Materials, which may be created by us or a third party, are based on personal experiences and anecdotal evidence.
The Information in our Materials, whether provided by us or any other third party, is provided for your convenience and general information. It is not intended to be individual advice, a recommendation or an endorsement of the content, individual, organisation or information.
Such Information is intended to be general information only and not a replacement for legal, financial, accounting, tax or other professional advice, and should not be relied on for any legal, financial, accounting, taxation or business structuring purposes.
It does not create an advisory relationship with us. The information is not intended for any particular group of people, in any location, state or country. It is not a substitute for any professional advice based on your personal, business or financial circumstances. You are encouraged to make your own inquiries and seek independent professional advice from qualified professionals.
We do not make any representation or warrant that any information supplied through the e-Course in our Materials by us, third parties, any other parties and/or our members will be reliable, accurate or complete.
The information supplied is based on the availability of information at the time of publishing. We do not accept any responsibility which may arise from errors or omissions, or any failure of technology, individual or organisation, which may cause the information to be incorrect and/or inconsistent.
5 Limitation of Liability
To the fullest extent permitted by law, no representation or warranty (express or implied) is given, and no responsibility or liability (including in negligence) is accepted, by us as to the truth, accuracy or completeness of any statement, opinion, forecast, information or other matter (whether express or implied) contained in any Materials or as to any other matter concerning us.
To the fullest extent permitted by law, we accept no responsibility or liability (including in negligence):
for or in connection with any act or omission, directly or indirectly in reliance upon information; or
for any cost, expense, loss or other liability, directly or indirectly arising from, or in connection with, any omission from or defects in, or failure to correct any information;
made available through our e-Product, on our Site and in our Materials, or any other communication (oral or written) about or concerning us.
6 Third Party Service Providers
From time to time, either throughout the e-Product, on our Site or in our Materials, we may provide some general business recommendations for providers of third party services who are not our employees or director contractors (Third Party Service Providers). We provide no guarantees and accept no responsibility for the quality of services provided by such Third Party Service Providers.
We have the right to amend or remove any Materials or Information provided through our e-Product at our sole discretion without notice to you. We will not accept any responsibility nor liability for any loss, damage or inconvenience caused to you as a result of any amendments or removal of Materials of Information.
If you have any questions about the information contained in this disclaimer, or if you encounter any problems or incorrect information in the Materials, please contact us at email@example.com.
Updated: 18 May 2018
This website is owned and operated by Lacey Barratt ABN 55 154 786 412, its successors and assignees (we, our or us). It is available at birthphotographer.com.au (Site) and may be available through other addresses or channels. It is used to sell and deliver our program the e-Course, Exposing Birth Photography and other various Masterclasses, Mock Births and e-learning resources for the birth photographer and documentarian.
Please read these Terms carefully.
If you have any questions, please contact us using the contact details below.
Your use of the Site indicates that you have had sufficient opportunity to access these Terms and that you have read and accepted these Terms.
Information: The information, including statements, opinions and documents, contained in this Site (Information) is for general information purposes only. It does not take into account your specific needs, objectives or circumstances, and it is not advice. Any reliance you place on the Information is at your own risk. Before acting on any Information, we recommend that you consider whether it is appropriate for your circumstances, carry out your own research and seek professional advice, where necessary.
Amendment: The Information and Terms may be amended without notice from time to time in our sole discretion. Your use of our Site following any amendments indicates that you accept the amendments. You should check the Terms regularly to ensure you are aware of any changes, and only proceed to use the Site if you accept and will comply with the new Terms.
Your warranties: You warrant to us that you have the legal capacity to enter these Terms and form a contract, and that you have read and understood these Terms, before using the Site.
4.Licence to use the Site: We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable right and licence to use the Site for your personal, non-commercial use, in accordance with these Terms. All other uses are prohibited without our prior written consent. You will not use the Services, Content or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of the e-Course Exposing Birth Photography.
You must not:
Use the Site for any activities, or post or transmit any material from the Site:
unless you hold all necessary rights, licences and consents to do so;
that infringes the intellectual property or other rights of any person;
that would cause you or us to breach any law, regulation, rule, code or other legal obligation;
that defames, harasses, threatens, menaces, offends or restricts any person;
that is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy; or
that would bring us, or the Site, into disrepute;
Interfere with or inhibit any user from using the Site;
Use the Site to send unsolicited email messages;
Attempt to or tamper with, hinder or modify the Site, knowingly transmit viruses or other disabling features, or damage or interfere with the Site, including but not limited to the use of trojan horses, viruses, or piracy or programming routines that may damage or interfere with the Site; or
Facilitate or assist another person to do any of the above acts.
Copyright and intellectual property rights: Our Site contains material which is owned by or licensed to us and is protected by Australian and international laws, including but not limited to the trademarks, trade names, software, content, design, images, graphics, appearance, layout and look of our Site. We own the copyright which subsists in all creative and literary works displayed on the Site. You agree that, as between you and us, we own all intellectual property rights in the Site, and that nothing in these Terms constitutes a transfer of any intellectual property rights. Your use of the Site does not grant you a licence to, or act as a right to, use any of the intellectual property, whether registered or unregistered, displayed on the Site without the express written permission of the owner. You must not breach any copyright or intellectual property rights connected with the Site. This includes but is not limited to:
altering or modifying any of the code or the material on the Site;
causing any of the material on the Site to be framed or embedded in another website;
creating derivative works from the content of the Site; or
using the Site for commercial purposes.
Your content: If you choose to add any content on the Site, you:
warrant to us that you have all necessary rights to post the content;
grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and licence to use that content in any way (including but not limited to, by reproducing, changing, and communicating the content to the public) and permit us to authorise any other person to do the same thing; and
you 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 ensure that the third party consents in the same manner.
Third party information: The Site may contain third party information, including but not limited to user comments, guest articles and advertisements (Third Party Information). We do not control, recommend, endorse, sponsor or approve Third Party Information, including any information, products or services mentioned in Third Party Information. You should make your own investigations with respect to the suitability of Third Party Information for you.
Partners and affiliates of Exposing Birth Photography receive a copy of all registered users’ email for marketing and survey purposes.
10.Third party links and websites: This Site may contain links to websites owned by third parties (Third Party Sites). We do not control, recommend, endorse, sponsor or approve Third Party Sites, including any information, products or services mentioned on Third Party Sites. You should make your own investigations with respect to the suitability of Third Party Sites for you.
11.Reservation of rights: We reserve the right to amend or delete any and all of your content, Third Party Information and/or Third Party Sites, and to block any user, if we believe that there is a violation of these Terms, or for any other reason, in our sole discretion.
12.Delays and outages: We are not responsible for any delays or interruptions to the Site. We will use commercially reasonable efforts to minimise delays and interruptions. We cannot warrant that the Site will be available at all times or at any given time. We may at any time and without notice to you, discontinue the Site in whole or in part. We are not responsible for any loss, cost, damage or liability that may result from our discontinuance of the Site.
13.Limitation of liability: To the extent permitted by law, we exclude all liability for any loss, damage, costs or expense, whether direct, indirect, incidental, special and/or consequential including loss of profits, suffered by you or any third party, or claims made against you or any third party which result from any use of or access to, or any inability to use or access, the Site. To the extent permitted by law, we exclude all representations, guarantees, warranties or terms (whether express or implied) other than those expressly set out in these Terms, and the Australian Consumer Law to the extent applicable.
14.Disclaimer: The Site is provided to you without warranties, express or implied, including but not limited to implied warranties of merchantability and/or fitness for a particular purpose. We do not warrant that the functions contained in any material on the Site or your access to the Site will be error free, that any defects will be corrected, that the Site or the server which stores and transmits material to you are free of viruses or any other harmful components, or that the Site will operate on a continuous basis or be available at any time. While we endeavour to keep the Site and Information up to date and correct, we make no representations, warranties or guarantee, express or implied, about:
the completeness, accuracy, reliability, suitability or availability of any Information, images, products, services, or related graphics contained on the Site for any purpose;
Third Party Information; or
Third Party Sites.
You read, use, and act on information contained on the Site, Third Party Information and/or Third Party Sites, strictly at your own risk.
Indemnity: By using the Site, you agree to defend and fully indemnify and hold us (and our officers, directors, employees, contractors and agents) harmless from and against all claims, actions, suits, demands, damages, liabilities, costs or expenses (including legal costs and expenses on a full indemnity basis), including in tort, contract or negligence, arising out of or connected to:
your use of or access to the Site;
any breach by you of these Terms; or
any wilful, unlawful or negligent act or omission by you.
This defence and indemnification obligation will survive these Terms and your use of the Site. These Terms, and any rights and licences granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction.
Breach: You may only use the Site for lawful purposes and in a manner consistent with the nature and purpose of the Site. By using the Site, you agree that the exclusions and limitations of liability set out in these Terms are reasonable. If you do not think they are reasonable you must not use the Site. We reserve the right to remove any and all content found to be in breach of intellectual property rights, including without limitation copyright, or which in our opinion is deemed inappropriate and/or illegal. If you breach these Terms, we reserve the right to block you from the Site and to enforce our rights against you. If we do not act in relation to a breach of these Terms by you, this does not waive our rights to act with respect to subsequent or similar breaches of these Terms by you. All rights not expressly granted in these Terms are reserved.
Exclusion of competitors: You are prohibited from using the Site, including the Information, in any way that competes with our business. If you breach this term, we will hold you responsible for any loss that we may sustain, and hold you accountable for any profits that you may make from non-permitted use. We reserve the right to exclude any person from using the Site and Information, in our sole discretion.
18.Enforceability: If any provision of these Terms is found to be illegal, invalid or unenforceable by a court of law, then the provision will not apply in that jurisdiction and is deemed not to have been included in these Terms in that jurisdiction. This will not affect the remainder of these Terms, which continue in full force and effect.
19.Further assurances: Each party must, at its own expense, do everything reasonably necessary to give full effect to these Terms and the events contemplated by them.
20.Termination: These Terms are effective until terminated by us, which we may do at any time and without notice to you. In the event of termination, all restrictions imposed on you by these Terms and limitations of liability set out in the Terms will survive.
21.Disputes: You agree to use your best endeavours to use mediation and negotiation to resolve any dispute arising out of or relating to these Terms, prior to resorting to an external dispute resolution process. Please notify us in writing of any dispute you may have.
Jurisdiction: Your use of the Site and any dispute arising out of your use of it is subject to the laws of Victoria and the Commonwealth of Australia. These Terms are governed by the laws of Victoria and the Commonwealth of Australia and subject to the exclusive jurisdiction of the courts operating in Victoria. The Site may be accessed throughout Australia and overseas. We make no representation that the Site complies with the laws (including intellectual property laws) of any country outside Australia. If you access the Site from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access the Site.
Delivery Method: Payment for this programs is taken on this site using WooCommerce and an Australian based secure merchant account facility. After ordering online, you will receive an email confirmation from PayPal containing your order details. We will normally confirm receipt of your order within a few minutes of ordering. We will attempt to send your access details via email within 1 working day. If you wish to query your order or access please contact us at firstname.lastname@example.org
Refund Policy: Refund conditions are as per the sales page at birthphotographer.com.au and constitute a refund period of 30 days from the date of purchase minus a 10% admin fee.
For questions and notices, please contact us at:
Last update: 18 May 2018