1. Definitions
1.1. ‘Maternal Critical Care’ is an Australian Business, ABN 80 700 635 485, owned and operated by Wendy Pollock.
1.2. ‘maternalcriticalcare.com.au’, ‘the Website’, and ‘Maternal Critical Care’ (the business), means the website, its content and related services, including events, which are provided by Maternal Critical Care.
1.3. ‘You’ (including ‘Your’) means the visitor to the Website. You may also be a User of the Website, subject to clauses 3 and 4 of these Terms.
2. Agreement
2.1. Your Use of the Website constitutes your agreement to these Terms and these Terms constitute a legally binding agreement between Maternal Critical Care and You.
2.2. Since You are bound by these Terms, You should review them periodically.
2.3. You guarantee and warrant to Maternal Critical Care that You are at least 18 years of age and that You possess the legal capacity to enter into any agreements formed in accordance with these Terms.
2.4. You confirm that You will not use the Website for any purpose that is unlawful or prohibited by these Terms.
2.5. In return, Maternal Critical Care confirms that it will provide the content and services of the Website in accordance with these Terms.
2.6. Maternal Critical Care reserves the right to refuse to accept any person as a visitor or User of the Website without giving any reason for such refusal.
3. Content and Services of the Website
3.1. The Website provides content and services for Your use. You are reminded that ‘Content’ and ‘Services’ means all of the material and services available on the Website. You are reminded that Your use of the Website’s Content and Services will be governed by these Terms; including this clause.
3.2. The types of Content and/or Services available on this Website are as outlined within this clause.
3.3. Content and Services for Visitors
3.3.1. You are able to visit the Website subject to these Terms.
3.3.2. Visitors have the rights to access free content on the Website including the Blog and Resources.
3.4. Content and Services for Users
3.4.1. You are able to register as a User of the Website.
3.4.2. In order to register as a User, You must provide Your Personal Details including Your name, user name and email. A User account will be automatically created for You upon provision of Your personal details.
3.4.3. No fees are payable by Users for general usage of the Website; unless a User registers for additional services, such as, Event registration.
3.4.4. The rights of Users are the following:
3.4.4.1. To register for Events such as Seminars, Conferences and Study Days.
3.4.4.2. To access free content on the Website including the Blog and Resources.
3.4.4.3 To receive updates, event notification and communications from Maternal Critical Care.
3.5. Event Registration
3.5.1. As part of the Content and Services accessible on the Website, Maternal Critical Care provides educational events at a variety of locations and on a variety of health care- related topics (‘Events’).
3.5.2. A Service provided on the Website is the ability to apply for registration to any such Events (‘Event Registration’). This includes the ability to register Yourself or another (‘the Delegate’) for such Events (‘Your Event Registration’).
3.5.3. In order to successfully complete Event Registration, the following must occur:
3.5.3.1. a User must complete and submit the relevant Event Registration application form online;
3.5.3.2. Maternal Critical Care must accept Your application for Event Registration. This acceptance will be communicated to You by confirmation email.
3.5.3.3 Payment must be received by Maternal Critical Care.
3.5.4. Maternal Critical Care is not bound to accept Your application for Event Registration.
3.5.5. The confirmation email issued to You by Maternal Critical Care forms a contract between You and Maternal Critical Care. This contract is based on the terms of Your Event Registration and these Terms.
3.5.6. By successfully completing Event Registration, You confirm the Delegate’s attendance. You accept all responsibility for payment of fees.
3.5.7. Payment in full for the cost of the Event Registration must be made at the time of registration.
3.5.8. Should the Delegate fail to attend the Event, You will still be liable to pay Your Event Registration costs in full.
3.5.9. Payment for Event Registration may be made by any of the following methods:
3.5.9.1. Online Payment: You may pay with Your Visa or MasterCard credit or debit card; or PayPal Account.
3.5.9.2. Bank Transfer / Direct Deposit: Event Registration may be paid via an Electronic Funds Transfer (EFT). Should You wish to pay by Bank Transfer / Direct Deposit, please contact Maternal Critical Care directly (0407 942 850) to obtain Our bank details.
3.5.10. Maternal Critical Care will always issue a tax invoice/tax receipt for Event Registration. Whether Your Event Registration is eligible for a tax deduction will depend on your individual circumstances. You are advised to contact your tax consultant/accountant for further information).
3.5.11. Maternal Critical Care will make all reasonable efforts to ensure that the advertised educators present at each Event. You agree that Maternal Critical Care may validly change or replace an educator without providing notice to You and/or the Delegate.
3.5.12. Maternal Critical Care reserves the right to cancel an Event, change dates for an Event or change the venue location of an Event where necessary. Where this right is exercised, Maternal Critical Care will explicitly contact Delegates who are registered to attend the Event using the contact details provided to Maternal Critical Care at the time of Event Registration. However, if You have not completed Event Registration, it is Your responsibility to ensure that You and/or the Delegate are aware of any changes that may have occurred to details of the Event (including cancellation).
3.5.13 Delegate cancellation may be made at any time up to two weeks prior to the event. At this time payment will be refunded less a $20 administration fee. You may make a request to transfer to another event (if available) at no fee. Acceptance of such a request is at the discretion of Maternal Critical Care.
3.5.14 Cancellation made less than two weeks prior to the event will receive a 50% refund. An offer may be requested to transfer to another course (if available) for a fee of $50. No refund will be given if Maternal Critical Care receives notification of cancellation of Your Event Registration less than seven days prior to the Event.
3.5.15 Substitution can be made prior to the event. Where the registrant proposes a substitute attendee, the registrant unable to attend the event must contact Maternal Critical Care, no later than the day prior to the event, to provide the substitute person’s name and contact details. No refunds will be made by Maternal Critical Care. All monetary negotiations will be between the person initially registered to attend and their identified substitute. There is no guarantee that a new dietary requirement will be met for the substitute.
3.5.16. To the extent permitted by law, Maternal Critical Care and its consultants expressly disclaim all and any liability relating to any information given at an Event or subsequently loaded onto the Website as Content (collectively ‘Event Information’), and for the results of any actions taken in reliance on the Event Information, and are not responsible for any error or omissions from the Event Information. The Event Information is not intended to be used as medical advice and should not replace the services or advice of a qualified health care professional. The Event Information is general in nature and does not take into account the circumstances, physical wellbeing, mental status or medical requirements of a particular person, which are factors relevant to the correct diagnosis and treatment of any health condition. Maternal Critical Care expressly advises that You do not disregard, or advise others to disregard, medical advice or delay seeking it because of the Event Information.
3.6. Blog
3.6.1. From time to time, Maternal Critical Care may post opinion articles on the Website (‘Blogs’).
3.6.2. You are permitted to access and read any Blogs posted on the Website. To the extent permitted by law, You are permitted to forward, distribute and use these Blogs in Your everyday activities.
3.6.3. To the extent permitted by law, Maternal Critical Care and its consultants expressly disclaim all and any liability relating to any information, opinion, experience or advice conveyed in any Blog posted on the Website. Additionally, Maternal Critical Care and its consultants expressly disclaim all and any liability for the results of any actions taken in reliance on any Blog, and are not responsible for any error or omissions in any Blog. These Blogs are not intended to be used as medical advice and should not replace the services or advice of a qualified health care professional.
4. Copyright
4.1. Copyright in the Content and Services on the Website is owned and licensed to Maternal Critical Care, unless indicated otherwise. The Content and Services on the Website are protected by intellectual property laws.
4.2. Except where permitted under the Copyright Act 1968 (as amended), other applicable laws, or these Terms, You may only use the Content and Services for Your personal use. This means that no Content or Service may be used for commercial purposes, resold, rented or sub-licensed, without the prior written consent of Maternal Critical Care. Content may be shared for educational/research purposes, including reproduced, modified, adapted, uploaded to a third party, linked to, frame, or distributed as long as due citation is given to the origin of the work.
4.3. You warrant that You shall indemnify us for any loss or damage which may be suffered by us, or an affiliate of ours, as a result of any breach of any undertaking contained in this clause.
5. Your Personal Information
5.1. Whilst using the Maternal Critical Care Website, You may be required to provide personal information from time to time (‘Your Personal Information’). This includes Your name, address, phone number and email. In some circumstances (as governed by Clause 3), You may be required to provide additional Personal Information, including payment details, postal address and professional information.
5.2. It is a condition of Your use of the Maternal Critical Care Website that Your Personal Information:
5.2.1. Is not fraudulent;
5.2.2. Does not infringe on the rights of any third party;
5.2.3. Does not violate any law including a criminal offence;
5.2.4. Is not defamatory, libellous, unlawfully threatening or unlawfully harassing;
5.2.5. Is not harmful, threatening, abusive, hateful, obscene, vulgar, pornographic, profane or indecent;
5.2.6. Does not impinge on another Visitor’s use or enjoyment of the Website; and
5.2.7. Does not contain any computer viruses or other harmful component.
6. Your Privacy
6.1. Your Privacy is important to Us.
6.2. The Maternal Critical Care Website features a Privacy Policy for You to read. Maternal Critical Care expressly confirms that the Privacy Policy is incorporated within these Terms.
7. Limitation of Liability
7.1. To the extent permitted by law, Maternal Critical Care, its employees, contractors and agents expressly disclaim all responsibility for, and liability in respect of:
7.1.1. The accuracy and reliability of the Content and Services on this Website in any particular circumstances;
7.1.2. The ability of the Content and/or Services to specifically enhance any skill set or knowledge;
7.1.3. The improper application of the Content and/or Services or the consequences of any person’s failure to obtain advice from a qualified medical practitioner.
7.2. Maternal Critical Care does not guarantee that this Website or Third Party websites are free from viruses or defects, or that access and use of the Website will be uninterrupted. You accept that the Website may become unavailable from time to time due to repairs, maintenance and development work. Maternal Critical Care disclaims all liability arising out of technological issues which may arise in connection with the Website and its Content and Services.
7.3. Liability of Maternal Critical Care for breach of a condition or warranty implied by law, and which cannot be excluded, is limited to the extent possible at Maternal Critical Care’s option, to: (a) the supply of the Content and/or Service again; or (b) the payment of the cost of having the Content or Services supplied again.
8. Disclaimer
8.1. This clause operates in addition to any and all other disclaimers found within these Terms, on the Maternal Critical Care Website and within the Content and Services of the Website. All such disclaimers operate collectively upon the agreement between You and Maternal Critical Care for Your use of the Website.
8.2. This Website contains a wide variety of Content on health and medical issues for general educational and informative purposes only. The Content on this Website is generic and does not take into account the physical wellbeing, mental status or health requirements of a particular person which are relevant to the correct diagnosis and treatment of any problem, condition, disease, injury, aliment or disorder. The Content on this Website is not diagnostic or prescriptive and does not replace the services or advice of a qualified health care professional. Accordingly, you should never use or act upon the Content on this Website or start a new treatment, diet or program without first consulting a qualified medical practitioner. Maternal Critical Care does not give, or purport to give, any medical advice.
8.3. Further, while the Content is designed to enlarge and enhance an individual’s professional skill set, the potential to gain or learn is impacted by each individual’s personal skill, personality and training. Maternal Critical Care does not warrant or guarantee any positive effects or the relative success of any particular person’s career as a result of the use of the Content.
9. Indemnity
9.1. You agree to indemnify Maternal Critical Care against any claim, liability, or expense brought or threatened against, or incurred by Maternal Critical Care, which arises directly or indirectly from (a) Your breach of these Terms; (b) Your use of the Maternal Critical Care Website; (c) Your negligence, or (d) any wilful misconduct by You.
9.2. Maternal Critical Care accepts that Your Indemnity in this clause will be limited to the extent permitted by law and the limitations on liability and disclaimers contained with these Terms and Website.
10. Links to other websites
10.1. The Maternal Critical Care Website may contain links to other websites operated by third parties (‘Third Party Sites’). Maternal Critical Care does not control, endorse, or approve of the operators of Third Party Sites, or the information, graphics and material on those Third Party Sites (‘Third Party Material’) and accepts no liability for the content of the Third Party Sites or for any loss arising from use or reliance on the Third Party Sites.
10.2. The provision of links to Third Party Sites does not authorise you to resell, rent or sub-licence, reproduce, edit or otherwise modify, adapt, upload to a third party, link to, frame, perform in public, distribute or transmit the Third Party Material in any form by any process without the prior written consent of the operator of the relevant Third Party Site operator.
10.3. Subject to any applicable law which cannot be excluded, Maternal Critical Care makes no warranties or representations:
10.3.1. Regarding the accuracy of the links to the Third Party Sites;
10.3.2. Regarding the quality, accuracy, merchantability or fitness of purpose of Third Party Material or products or services available through the Third Party Sites;
10.3.3. That Third Party Material does not infringe the intellectual property rights of any person; or
10.3.4. That by linking the Maternal Critical Care Website to the Third Party Material, Maternal Critical Care is authorising the reproduction of Third Party Material.
10.4. All offers to sell and statements relating to goods and services available on Third Party Sites are the responsibility of and given by the Third Party Site operators. Where these offers and statements are made on the Maternal Critical Care Website, such offers and statements are made by Maternal Critical Care on behalf of the Third Party Site operators. Maternal Critical Care expressly disclaims acting in any other respect on behalf of Third Party Site operators