Thank you for choosing and using our website located at www.growmybaby.com.au (“Website”). This Website is owned and operated by Dr Patrick Moloney trading as Grow My Baby (ABN 79 875 430 814). (“Grow My Baby”) and these terms and conditions of (“Terms”) govern your use of our Website.
Grow My Baby has developed a pregnancy program and delivers online modules (“Digital Content”) to its members (“Members”), third-party affiliate programs and other content in the form of blogs, podcasts, white papers, quizzes and through social media (“Products”).
If you are entering these Terms on behalf of a legal entity, you represent that you have the authority to bind the entity to these Terms. If you are a minor, a Member who has legal authority must agree to these Terms on your behalf. If you do not have such authority, you must not accept these Terms and must not use our Products and services.
We may update these Terms from time to time without notice. Any changes to these Terms will be effective from the date published on our Website.
2. MEMBERSHIP REGISTRATION AND ACCEPTANCE OF TERMS
To obtain access to the Products and services on our Website, Member must sign up for a member portal account (“Account”).
As part of the registration process for our Products and services, Member must provide current, complete and accurate identification, and other information required during the registration process including but not limited to:
a valid email address;
user name and password (“Login Details”);
other information as applicable to set up and administer Account to access the Products and services.
By visiting, registering for, or using the Website, Member agrees that Grow My Baby may send direct communications including short message service (SMS) to the email addresses and mobile devices that Member makes available.
Member own all right, title and interest in Member’s Data. Member grants to Grow My Baby, or to any third parties used by us a license to use Member Data in order for Grow My Baby to perform its obligations under these Terms.
If Member Data changes, Member must promptly update Account to reflect those changes.
3. MEMBER OBLIGATIONS
(1) As a Member of the Website, Member agrees that:
an Account is personal to Member;
Member will abide by all safety guidelines and regulations posted in the Digital Content;
Member is solely responsible for maintaining the confidentiality of Account and the secrecy of the Login Details;
Member must not authorise or permit anyone else to access Account by using the Login Details;
if Account has been compromised in any way, Member must contact Grow My Baby immediately;
Member’s access to and use of the Website is non-transferable except as permitted by these Terms;
Member will use the Website only for purposes permitted by these Terms; and
Member will abide by any applicable law, regulation or generally accepted practices or guidelines related to the Products and services in the relevant jurisdictions.
(2) Member warrants that:
1. Member is fully able to participate in the Products and services offered through the Digital Content without undue risk;
2. Member is legally capable of entering into contracts; and
3. Member is authorised to access our Website and that all relevant consents have been obtained to use our Products and services
(3) Grow My Baby reserve the right to deny anyone access to an Account at any time for breach or suspected breach of these Terms.
Member agrees to pay the fees (“Fees”) advertised on our Website for the purchase of our Products and services.
Payment of our Fees may be made through gateway payment provider made available on the Website (“Payment Processing Service”). Member authorises Grow My Baby to automatically charge Member the Fees through the Payment Processing Service, together with any processing or other associated fees charged by the Payment Processing Service.
Grow My Baby reserves the right to increase or change the Fees advertised on the Website at any time.
Members are responsible for ensuring that sufficient funds are available at the time of payment processing and that credit card details are correct in order to access our Products and services.
If there are payment failures due to insufficient funds, incorrect or outdated payment information, Grow My Baby reserves our right to:
recover payment and deny a Member access to our Products and services; or
cancel or suspend a Member’s Account if we are unable to process the fees for our Products and services.
Grow My Baby will be entitled to add on GST for any supply of its Products and services in Australia.
The Products and services delivered to Member is exclusive and personal to Member. Member must not allow another user without a licence to use any of the Products and services that Grow My Baby delivers to Member under these Terms.
We may suspend or terminate an Account if any misuse of fraudulent activity is detected.
Member access to the Products and services will be disabled when Account is suspended, terminated or Member membership ends.
5. REFUND POLICY
Except as required by the Australian Consumer Law, any Fees paid by Member are final and non-refundable.
Should Member wish to obtain a refund, Member may contact Grow My Baby within fourteen (14) calendar days of performance of our Products and services or any part thereof to report any discrepancies or faults to make a claim.
Refunds are made in our discretion subject to any guarantees that cannot be excluded by law.
Grow My Baby will facilitate a refund if Grow My Baby is unable to facilitate the completion of the Products and services or if the delivery of our Products and services is defective or if Grow My Baby determines, in our absolute discretion, it is reasonable to do so.
6. INTELLECTUAL PROPERTY
In these Terms:
“Intellectual Property (Rights)” means all intellectual property rights, including all copyright, patents, trade marks, design rights, trade secrets, circuit layouts, domain names, know-how and other rights of a similar nature worldwide, whether registered or not, and any applications for registration or rights to make such an application.
“Works” means any material made available on the Website and included our Products and services, including (without limitation) written texts, documents, articles, news, newsletters, posts, commentaries, surveys, data, photographs, pictures, graphic works, video, or images.
Member acknowledge that ownership of the Intellectual Property Rights relating to the Website or our Products and services is the property of, licensed by or vest on creation in Grow My Baby.
The Works on the Website or generated by or related to any of our Products and services including our Digital Content (“Copyright Material”) are subject to copyright and owned by the copyright owner. The Copyright Material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Copyright Material and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, code, scripts, design elements and interactive features) are owned or controlled by us. Data procured from a third party may be the subject of copyright owned by that third party.
The Website and the Copyright Material or any part of it (including, without limitation, any content or images) may not be copied, reproduced, adapted, publicly displayed, duplicated, translated or distributed in any way (including mirroring) to any other device, server, Website or other medium for publication or distribution, without our express prior written consent. Members shall take due care to protect the Intellectual Property Rights licensed via our Products and services from unauthorised use, copying, reproduction, lending, reselling, manipulation, disassembly, distribution or publication.
All Intellectual Property including any trade marks, service marks, trade names and any other proprietary designations are owned, registered or licensed by us. Any other trade marks, service marks, logos, trade names and any other proprietary designations are the trade marks or property of the respective parties.
Unless otherwise stated, Grow My Baby retain all rights, title and interest in and to the Copyright Material on the Website and delivered under our Products and services.
“Grow My Baby” and all associated trade marks on the Website are our trade marks or any related entities.
The obligations accepted by Members under this clause survive termination or expiry of these Terms.
7. LICENCE GRANT
Grow My Baby grants to Member a limited, non-exclusive, non-transferable, non-sublicensable and revocable license (“License”) to access the Website and to interact with and use our Products and services for the term of Member’s membership solely in connection with Member rights under these Terms.
These Terms do not constitute a sale or transfer of any of Grow My Baby’s Copyright Material and Member must not use, post or upload the Copyright Material or any version of it on any application that enables other people to create and share content or use our Copyright Material on the Internet including on any social networking websites or applications.
This Licence may be terminated at any time in our sole discretion if Member uses the Website or the Products and services except as permitted by these Terms.
1. exercise reasonable care, skill and diligence in using the Products and services;
2. use the Products and services in a responsible manner and only in accordance with its intended use;
3. hack, attempt to hack, modify, adapt, merge, translate, decompile, disassemble, reverse engineer or create derivative works out of the Website or the Products and services or our Copyright Material or any part of it;
4. use the Products and services in any way prohibited by law, regulation, governmental order or decree;
5. introduce any computer code or routine that is harmful, destructive, disabling or which assists in or enables theft, alteration, denial or service, unauthorised disclosure or destruction or corruption of data, including viruses, worms, spyware, adware, keyloggers, trojans, time bombs and any new types of programmed threats; or
6. remove, disable, modify, add to or tamper with any program code or data, copyright, trade mark or other proprietary notices contained on the Website or in the Products and services; and
7. not sell, lease, publish, redistribute or sub-license the Digital Content or any of our Copyright Material.
(2) Member will not:
distribute, sell, publish, enable or allow access to Account except directly to access Member Products and services;
use the Digital Content for any commercial purpose;
hack, attempt to hack, modify, adapt, merge, translate, decompile, disassemble, reverse engineer or create derivative works out of the Website or the Products and services or our Copyright Material or any part of it;
use the Products and services in any way prohibited by law, regulation, governmental order or decree;
introduce any computer code or routine that is harmful, destructive, disabling or which assists in or enables theft, alteration, denial or service, unauthorised disclosure or destruction or corruption of data, including viruses, worms, spyware, adware, keyloggers, trojans, time bombs and any new types of programmed threats; or
remove, disable, modify, add to or tamper with any program code or data, copyright, trade mark or other proprietary notices contained on the Website or in the Products and services; and
not sell, lease, publish, redistribute or sub-license the Digital Content or any of our Copyright Material.
These Terms will continue to apply until terminated by either the Member or by us as set out below.
Member may terminate the Products and services by cancelling the Member’s Account at any time through the cancellation option in the user interface in Member’s Account.
Grow My Baby may terminate these Terms without notice to Member if:
Member has breached any provision of the Terms;
Grow My Baby believes that Member is making unauthorised or improper use of the Products and services;
Grow My Baby is required to do so by law;
without cause or notice if the provision of the Products and services to Member by Grow My Baby is, in the opinion of Grow My Baby, no longer commercially viable.
Grow My Baby reserves the right to discontinue Account at any time and may suspend or deny, in our sole discretion, Member’s access to all or any portion of the Products and services without notice if Member’s conduct impacts our name or reputation or violates the rights of any other party.
The early termination of Account or the Products and services is not a ground for a refund.
If Member has not logged into Account within a six (6) month period and the status of Account is dormant, Grow My Baby reserve the right to unilaterally terminate Account.
Member shall not, at any time, be obliged to act on any information, suggestion, advice or guidance (“Information”) given by Grow My Baby as part of the Digital Content and Products and services, but if and to the extent that it does so, it shall do so at their own risk. Member hereby unconditionally and irrevocably waives any rights of action it may have as against Grow My Baby in relation to any such information, suggestions, advice or information. Member is advised to take independent appropriate professional or medical advice before acting on such Information given within the Digital Content and Products and services.
Although thorough instruction is included in the Digital Content, Member participates of its own free will and accordingly, knowingly and voluntarily assumes all risks associated with the use of the Digital Content Any information contained within the Digital Content is not intended to provide specific physical or mental health advice, or any other advice whatsoever, for any individual or business and should not be relied upon in that regard. The Digital Content and Products and services is not a substitute for direct, personal, professional medical care and diagnosis. If as a Member you have or suspect that you have a medical problem or impairment, contact your doctor or health care provider promptly.
Member acknowledges that Grow My Baby does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Products and services or Digital Content other than pursuant to these Terms.
Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
Subject to this clause, and to the extent permitted by law:
all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and
Grow My Baby will not be liable for any direct, indirect, special or consequential loss or damage, loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Products and services or these Terms (including as a result of not being able to use the Products and services or the late supply of the Products and services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
Use of the Website and the Products and services is at Member’s own risk.Everything on the Website and the Products and services is provided to Member on an "as is" and "as available" basis, without warranty or condition of any kind, except as otherwise expressly provided in these Terms.
None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of Grow My Baby (including any third-party providers) make any express or implied representation or warranty about the Products and services and the Digital Content. This includes (but is not restricted to) loss or damage Member might suffer as a result of any of the following:
failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third-party conduct, or theft, destruction, alteration or unauthorised access to records;
the accuracy, suitability or currency of any information on the Website, the Products and services, or any of the Digital Content (including third party material and advertisements on the Website);
costs incurred because of Member using the Website, the Products and services or any of the Digital Content;
the Digital Content or operation in respect to Website links which are provided for the Member’s convenience;
any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or
any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.
This clause survives the termination or expiry of this Agreement for whatever reason.
11. LIMITATION OF LIABILILITY
To the extent permissible at law, Grow My Baby is not liable for any direct, indirect, punitive, incidental, special, consequential damages including without limitation any claims, losses, liability, loss of data, loss of profits, revenue, business or goodwill arising out of or in any way connected with the provision of or failure to provide any products or services under these Terms.
Except as provided in these Terms, Grow My Baby exclude all representations and warranties relating to the subject matter of these Terms, our Website and the supply of our Products and services.
Grow My Baby’s Products and services are provided “as is” and specific results cannot be guaranteed. It is Member sole responsibility to determine that the Products and services or any part of these meet Member’s needs or are otherwise suitable for the purposes for which they are used.
These Terms are to be read subject to any legislation that prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions, guarantees or obligations. If such legislation applies, to the extent possible Grow My Baby limits its liability as follows, at our option:
(a) for any claims relating to these Terms, to the fees payable under this agreement (if applicable) for the preceding one (1) month;
(b) in the case of products including any digital products (a) the replacement of the products or the supply of equivalent products; (b) the repair of the products; (c) the payment of the cost of replacing the products or of acquiring equivalent products; or (d) the payment of having the products repaired; or
(c) in the case of services, the supply of the services again or the payment of the cost of having the services supplied again.v
This limitation applies to any supply under or related to these Terms including the supply of the Products and services and covers loss of Data, any viruses or other disabling features that affect Member access to or use of our Products and services, incompatibility between our Products and services and Member hardware or software, delays or failures Member may have in using the Products and services including any connections or transmissions that fail or are not completed in an accurate or timely manner.
This clause survives the termination or expiry of this Agreement for whatever reason.
Member agrees to defend, indemnify and hold Grow My Baby, our affiliates, employees, agents, contributors, third party content providers and licensors harmless from and against all actions, suits, claims, demands, liabilities, costs, expenses, losses and damage (including legal fees on a full indemnity basis) brought against or sustained by Grow My Baby, which:
is directly or indirectly caused by Member’s breach of these Terms;
is directly or indirectly caused by any willful, reckless or negligent act of Member;
concerns personal injury to any person caused or contributed to by Member;
is caused by Member’s act or omission and constitutes a loss of or damage to property;
is brought by any third-party in respect of personal injury, death or damage to third-party property; or
arises from Member’s act or omission.
Except as required by law, Grow My Baby will not be liable for any claim, loss or liability for personal injury, death or damage to Member or its property however it may be caused.
In no event will Grow My Baby be liable to Member for any indirect, incidental or consequential damages including, without limitation, direct, indirect, special, punitive, or exemplary damages.
A Party shall not start arbitration or court proceedings (except proceedings seeking interlocutory relief) in respect of a Dispute unless it has complied with this clause.
A Party claiming that a Dispute has arisen shall notify each other party to the Dispute giving details of the Dispute.
Initial period – efforts to resolve Dispute
During the 30-day period after a notice is given (or longer period agreed in writing by the Parties to the Dispute) (Initial Period) each Party to the Dispute (Disputant) covenants with the other to cooperate and take all reasonable steps necessary to attempt to resolve the Dispute.
If the Disputants are unable to resolve the Dispute within the Initial Period, each Disputant agrees that the Dispute shall be referred for mediation, at the request of any Disputant, to:
a mediator agreed on by the Disputants; or
if the Disputants are unable to agree on a mediator within seven days after the end of the Initial Period, then the Parties must submit the dispute for mediation through the Chair of Resolution Institute (ACN 008 651 232) or the Chair’s designated representative and the Resolution Institute Mediation Rules shall apply to the mediation.
Role of mediator
The role of any mediator is to assist in negotiating a resolution of the Dispute. A mediator may not make a decision that is binding on a Disputant unless that Disputant has so agreed in writing.
Any information or documentation disclosed by a Disputant under this clause shall be kept confidential and may not be used except to attempt to resolve the Dispute.
Costs of mediation
Each Disputant shall pay its own costs of complying with this clause. The Disputants shall pay equally the costs of any mediator engaged.
Location, timing and attendance
The mediation will be held in Melbourne, Australia, within 30 days after expiry of the Initial Period. Each Disputant agrees to attend the mediation by a representative having full authority to resolve the dispute. At the mediation each Disputant may be represented by one or more legal representative.
Failure to resolve
If the dispute fails to resolve at mediation or if one of the Disputants fails or refuses to attend the mediation, the mediator will be requested to inform each Disputant in writing that the mediation has been terminated without resolution (Mediation Termination Notice). Upon receipt of Mediation Termination Notice, the dispute resolution process will be terminated. A party to a dispute will only be entitled to pursue other remedies available to it at law or otherwise, after receipt of Mediation Termination Notice.
All communications concerning negotiations made by the Disputants arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable law of evidence.
15. ADVERTISING AND LINKS
The Website may contain links and other pointers to other websites or applications operated by third parties. Grow My Baby does not control these linked websites and is not responsible for the contents of any linked application. The links are provided solely for Member convenience and do not indicate, expressly or impliedly, any endorsement by us of the website or the products or services provided at those websites. Member’s access to any such advertisement or link is entirely at Member’s own risk. Member should contact the relevant third-party directly to enquire on that information prior to entering into a transaction in relation to the third-party products and services.
16. NO WAIVER
Any failure on our part to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision.
Member agree that Grow My Baby may assign, transfer, sub-licence or otherwise deal with our rights and/or obligations under these Terms.
Member may not without our prior written consent assign, transfer, sub-licence or otherwise deal with any of Member rights and obligations under these Terms.
18. THIRD PARTY RIGHTS
An agreement under these Terms is for our benefit and Member benefit and is not intended to benefit or be enforceable by any third party.
19. ENTIRE AGREEMENT
If any part of provision of these Terms is invalid, unenforceable or in conflict with the law, that part or provision is replaced with a provision which, as far as possible, accomplishes the original purpose of that part of the provision otherwise it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.
21. LAW AND JURISDICTION
The Terms and information on this Website are governed by and construed in accordance with the laws of the State of Victoria, Australia. Member submits to the non-exclusive jurisdiction of the Courts of New South Wales and Courts of Appeal from them for determining any dispute concerning these Terms.
If any provision of these Terms is found to be invalid or unenforceable by a Court of Law, such invalidity or unenforceability will not affect the remainder of the Terms which will continue in full force and effect.
22. FORCE MAJEURE
Notwithstanding any other provision of these Terms, Grow My Baby need not act if it is impossible to act due to force majeure, meaning any cause beyond our control (including war, riot, natural disaster or law taking effect after the date of these Terms). Member agree that Grow My Baby have no responsibility or liability for any loss or expense suffered or incurred by Member because of not acting for so long as the force majeure continues.
23. FEEDBACK AND AUTHORISATIONS
Member feedback is important to us. Grow My Baby encourage Members to provide feedback, reviews, comments and suggestions for improvements to the Website and our Products and services ("Feedback"). Member may submit Feedback by emailing us at
24. HOW TO CONTACT US
Our principal place of business is at
Member can contact us by email at the following address: [insert]