PREGACTIVE TERMS AND CONDITIONS
Last update: March 2020
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS RELATING TO YOUR USE OF THIS WEBSITE CAREFULLY
By using this Website, you agree to these Terms and Conditions of Use (‘Terms & Conditions’).
1. These Terms and Conditions shall be incorporated into any agreement between you and us (‘Agreement’). In case of any inconsistency between these Terms and Conditions and any Agreement, the terms of the relevant Agreement shall prevail; and
2. Reference to this Website shall include reference to our Fee-Based Products and Fixed Price Products (together ‘Products’).
We reserve the right, in our sole discretion, to change, modify, add or remove portions of these Terms & Conditions at any time. You should check these Terms & Conditions periodically for changes. By using this Website after we post any changes to these Terms & Conditions, you agree to accept those changes, whether or not you have reviewed them. If you do not agree to these Terms & Conditions, you should not use this Website and, if applicable, you should cancel your membership with us.
The use of this Website is subject to important disclaimers, limitations of liability and indemnities, including regarding your health and which may affect your suitability to pursue your chosen regimen (‘Regime’), which you should read carefully before using this Website.
You agree to be personally bound by the Terms of Conditions, whether for yourself or on behalf of a minor (as determined by the jurisdiction in which you reside), if you are registering on behalf of a minor. By clicking ‘I accept’ when joining as a member, you represent and warrant that you are at least 18 years old (or the age of majority in your jurisdiction, if it is not 18), and if you are registering on behalf of a minor, that you are their legal guardian.
Upon registration as a PregActive member, you will be provided with a password and account. You must not disclose them to anyone else or allow anyone else to use your account and password. You are entirely responsible for any access to your account, and acknowledge that any access to or use of your account by means of the password associated with that account is deemed to be access or use by you. This includes any purchases made through your account. You agree to pay for our services in the manner specified on the Website.
RESULTS MAY VARY – RESULTS ARE NOT GUARANTEED
Results may vary when using PregActive. Testimonials are not claimed to represent typical results. All testimonials presented on our PregActive website are real, and all the persons pictured achieved their desired results as stated by them in their testimonial. However, these results are meant as a showcase of what the best, most motivated PregActive clients have done and should not be taken as average or typical results.
7 DAY FREE TRIAL
We are offering you the opportunity to have a 7 day free trial to see if you like what you see and try our program and workouts. You must cancel within the 7 days otherwise you will continue on with a paid membership and will be deducted the full monthly membership price. This payment will be processed immediately upon completion of the 7 day free trial.
CONDITIONS OF USE OF SITE
1. SEEK ADVICE FROM A MEDICAL PROFESSIONAL
You must consult with your doctor prior to starting any physical activity program including all of our programs at PregActive. You must consult a qualified medical professional if you have any questions concerning your medical condition or injury. The information on our website should be used as a guide only and should not be relied upon as a substitute for professional medical or other health professional advice.
It is important that before beginning any fitness regime, you consult with your health care professional to ensure that you are mindful of your current health and any restrictions that are specific and appropriate for you. You should immediately seek medical attention if there are any unanticipated changes to your physical condition at any time.
2. OUR PREGACTIVE SERVICE
Our service shall be delivered as described from time to time on our website. You acknowledge and understand that access to any specific trainer mentioned in the Website, including Kerryn Boyle, in person, or on-line is not guaranteed.
3. INFORMATION PROVIDED ON WEBSITE
No information contained in the Website is intended to be used as medical advice and the Website is not intended to be used to diagnose, treat, cure or prevent any medical condition (including any mental health conditions) or for any therapeutic purposes. Before relying on the information on the Website, you should carefully evaluate the accuracy and relevance of the information for their purposes and obtain appropriate professional medical advice.
All information provided by us on the Website is provided in good faith. We derive our information from sources which we believe to be accurate and up to date as at the date of publication. We may update any information at any time but you acknowledge that the information on the Website may not be the most current knowledge. In addition, to the extent permitted by law, we do not make any representations or warranties that any information we provide is reliable, accurate or complete and we make no guarantees of any specific result from use of this Website or the information service provided through it. To the extent permitted by law, we are not liable for any loss arising from any action taken or reliance by you on any information or material available on the Website.
Our PregActive Team may receive requests from members about that member’s specific circumstances. Our staff may provide health, fitness or nutritional information for educational purposes. They do not offer or provide professional medical advice, diagnosis, treatment or rehabilitation and may refer the member to certain third party resources. Any referrals to official bodies are not intended to be and should not be construed as an endorsement, promotion or recommendation by PregActive.
4. NUTRITIONAL INFORMATION
Nutritional information provided on the Website may be taken from sources provided by third parties. We will provide credit where applicable to that third party. Before relying on any nutritional information on the Website, you should carefully evaluate the accuracy, completeness and relevance of this information for your purposes, and consider the need to obtain appropriate expert advice relevant to your circumstances. PregActive or any other provider of nutritional information on the PregActive Website does not give any warranty that the information is free from error or suitable for your purposes. If you require a specialized nutritional program please consult a nutritionist or Registered Dietician. Pregactive does not and cannot provide individual nutritional advice.
5. RECOMMENDATIONS AND TEST RESULTS ON THE WEBSITE
Recommendations are provided for your general information purposes only, and are not medical or professional opinion or advice. Certain parts of the Website may provide recommendations and test results based on the input and data that you provide. These recommendations and test results generated by the Website are generic automated responses that are pre-programmed, and they do not take into account any other specific factors that may be relevant to you. You must not rely on these recommendations and test results, and you should seek professional advice from healthcare professionals. To the extent permitted by law, we are not liable or responsible for any recommendations and test results generated by use of the Website.
6. HEALTH AND FITNESS LEVEL
Persons with pre-existing medical conditions, in poor health, or with any concerns as to commencement of a new fitness program should consult with an appropriate healthcare professional before beginning any of our PregActive programs. You must be in a moderate level of fitness to follow the exercise programs and the like set out in our information service.
You are responsible to make your own inquiries and seek independent advice from a healthcare professional before acting on any information or material made available to you through our Website. The information on the Website may not be suitable to your particular circumstances and is not a substitute for obtaining specific advice from a qualified health care professional. In particular, if you fall within one of the following classes of persons, then you should first consult a healthcare professional before following any exercise programs or using any of the information on the Website:
• elderly persons;
• persons with eating disorders;
• persons with a low body mass index.
• pregnant women;
• women who are breastfeeding;
• persons with any ongoing physical condition proscribing exercise or physical activity:
• persons suffering from cancer or other long term illness;
• persons with liver disease, kidney disease, or renal failure;
• persons with diabetes, blood pressure or cholesterol issues;
• persons recovering from or recently recovered from illness or injury;
Further, even if you do not fall into the above classes of persons, you acknowledge that the service that we provide on the Website is an information service only, and that you are solely responsible for (at your own discretion) following (or not following) any exercise program or regime that we provide as part of the information service. Our service does not include any supervision or monitoring of your activity, and we are not responsible for any injuries that you may suffer as a result of following the exercise program or regime. To the extent we supply any ‘recreational services’ or ‘recreational activities’ (within the meaning of the Competition and Consumer Act (2010) (Cth) or any State or Territory civil liability or consumer protection legislation or corresponding services or activities under any other applicable local law from your jurisdiction), you acknowledge that your participation in the recreational services and activities may involve risks, including personal injury and death. Prior to participating in the recreational services and activities, you must assess all the risks involved, including risks that may be caused by your own acts or omissions, your health condition, those of other users of the Website and risks that are not known to you or are not readily foreseeable at the time of participating in the recreational services and activities. By participating, you are doing so voluntarily and at your own risk. To the extent permitted and required by law, this is a risk warning pursuant to the various civil liability and consumer protection legislation. You assume all risks in connection with your participation in any recreational services and activities that we may provide. To the maximum extent permitted by law, we exclude all liability arising from or in connection with any recreational services or activities for: (1) death; (2) physical or mental injury (including the aggravation, acceleration or recurrence of such an injury); (3) the contraction, aggravation or acceleration of a disease; and (4) the coming into existence, the aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behavior, course of conduct or state of affairs: (a) that is or may be harmful or disadvantageous to you or the community; or (b) that may result in harm or disadvantage to you or the community, resulting from the supply of recreational services or recreational activities, but we do not exclude our liability to significant personal injury which is caused by our reckless conduct in the supply of recreational services or activities.
7. QUALITY OF THE WEBSITE
We do not promise that the Website will be error-free or uninterrupted. The Website and its content are delivered on an ‘as-is’ and ‘as-available’ basis. We cannot ensure that files you download from the Site will be free of viruses or contamination or destructive features. Receipt of emails, or other Internet based communications such as via Facebook or Twitter from us cannot be guaranteed. The delivery of video messages is dependent upon third party providers and therefore outside of our control. Low internet connection speeds may result in an inability to view high resolution videos, but we will use our best endeavors to provide an alternative wherever possible. You may be entitled to a refund in limited circumstances. See the clause (payment and refunds) below for further details.
8. THIRD PARTY CONTENT
We do not accept responsibility for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with or arising from use of any of our products or services including acts, omissions and conduct of any third party users of the Website, other members, other contributors to the Website, and advertisers or sponsors. We are not responsible for the products, services, advice, information, actions or failure to act of any third parties referenced on the Website (including User Content of other users of the Website referred to below). Where the information made available over the Website contains opinions or judgments of third parties (including advertisers), we do not purport to endorse the contents of that opinion or advice, nor do we guarantee the accuracy or completeness of that content, and we will not accept liability for loss or damage arising from your reliance upon any information obtained through this service. It remains your responsibility to evaluate the accuracy, completeness and usefulness of any such information.
The PregActive website contains feeds from the PregActive Facebook pages and Twitter account and are for educational purposes only and are not intended as a substitute or replacement for professional medical advice, diagnosis, treatment, or rehabilitation. These messages could contain a range of content: marketing materials, testimonials, recipes, encouragement to members, and interesting articles on third party sites. Without limiting the foregoing, you may report the misconduct of users and/or third party advertisers, service and/or product providers referenced on or included in the Website to Program Administrator at Contact Us. We may investigate the claim and take appropriate action, in our sole discretion.
9. PROMOTION OR ADVERTISING OF NON-PREGACTIVE PRODUCTS OR SERVICES
Members and third parties are not permitted to advertise or promote their products or services, or the products or services of others, on any part of the Website, or its associated forums, without written consent from PregActive. If it is in the opinion of PregActive that members or third parties are engaged in advertising, promotion or providing advice to other participants of the Website, then PregActive reserves the right to suspend or terminate the membership of any member participating in such conduct or to ban any third party from participating on the Website.
10. SECURITY OF INFORMATION
No data transmission over the Internet can be guaranteed as totally secure. While we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.
11. LIMITATION OF LIABILITY – INDIRECT AND CONSEQUENTIAL LOSS
To the extent permitted by law, in no event will we (or our employees, agents and subcontractors) be liable to you for indirect, special or incidental, punitive, exemplary or consequential loss, costs, expenses and damages (or any loss of revenue, loss of data, loss of profits or loss of opportunity whether the losses be direct or indirect), suffered or incurred by you and arising out of or in connection with your access to or use of the Website, any linked website, your reliance on any information obtained through the Website or your use of any services on the Website, regardless of whether liability is based on any breach of contract, tort (including negligence) or warranty, arises under statute, or any other basis of liability.
12. TERMS IMPLIED BY LAW
To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms is excluded. Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to, at our option:
1. if the breach relates to goods, replacing, repairing or supplying goods equivalent to, those goods or paying the cost of replacing or repairing them or acquiring equivalent goods; or
2. if the breach relates to services, re-supplying, or paying the cost of re-supplying, those services.
13. TOTAL LIABILITY
You agree to indemnify us and our employees, agents and subcontractors, from and against any third party claims and all losses, expenses, damages and costs (including reasonable legal fees incurred on a solicitor/client basis) suffered or incurred by us or any third party, which arises as a result of your breach of these terms in your use of the Website.
15. OWNERSHIP AND INTELLECTUAL PROPERTY
Unless otherwise indicated and except for any functionalities provided by external websites, copyright in this Website (including its content, materials, recipes, exercise programs, text, graphics, logos, icons, sound recordings, video, software and advertisements) is owned or licensed by us. Information procured from a third party may be the subject of copyright owned by that third party. All rights are reserved by us.
All names, logos and trade marks on this Website are the property of their respective owners. Nothing on the Website should be interpreted as granting any rights to commercial use or to distribute any names, logos or trademarks, without the express written agreement of the relevant owners.
We grant you a personal, limited, revocable, non-exclusive and non-transferable license to access, view, listen to, use and print this Website and its content solely for your personal, non-commercial purposes and only for those purposes. Otherwise, to the extent allowed by law, no part of this Website may be reproduced, reused, retransmitted, adapted, published, broadcast or distributed without our prior written permission.
The following are examples of conduct that are not authorized by these terms:
1. sharing the content of this Website or your account with other persons;
2. publishing or posting any of the content (such as recipes or exercise programs) on any other website, including on social media pages or websites;
3. using the logo or trademarks of this Website, the phrase ‘PregActive’ (or anything substantially identical or deceptively similar), PregActive or her likeness to describe, market, endorse or promote any goods or services (including goods and services such as meal plans and personal training services);
4. registering or maintaining any social media pages or websites that misrepresent or are reasonably likely to misrepresent any affiliation with, or endorsement by, us or PregActive; and
5. systematic downloading or ‘scraping’ of content of the Website.
We may, from time to time, monitor your use of the Website to determine if you are in breach of these terms. Such monitoring may include:
a. the frequency and nature of any downloads; and
b. the time of access and IP addresses used to access the Website.
We may suspend, limit or terminate your access to the Website (at our discretion) if we reasonably suspect, based on the results of such monitoring, that you are in breach of these terms.
16. USER-GENERATED CONTENT
This Website may allow you to post information, photos, content, user submissions and/or upload materials to the Website (including features such as live chat and forums), whether through external websites or otherwise (User Content) and may also allow you to see User Content submitted by other persons.
The Website may include functionalities that allow you to control whether or not the public or other users of the Website are able to view your User Content (Access Controls). We will use our best endeavors to ensure that the Website properly implements the Access Controls that you select, but we do not warrant or guarantee that the implementation is error free. If you discover any improper implementation of your selected Access Controls, please inform us immediately so that we can investigate and, where appropriate, correct the error. To the extent permitted by law, we are not liable to you for any loss or damage arising as a result of or in connection with any incorrect implementation of the Access Controls that you select (including any resulting disclosure of your User Content that you did not intend to disclose). Because we are not able to guarantee that the implementation of the Access Controls is error free, you should take particular care before deciding whether to upload any User Content. In particular, you should be aware that, if your User Content is downloaded by any other person (including other users of the Website) (whether authorized or not), then neither PregActive nor you may be able to control the further disclosure and publication of that User Content.
By posting, submitting, updating, modifying, transmitting or otherwise making available any User Content on this Website:
1. you warrant that you independently created or otherwise have all the necessary rights and permissions needed to submit User Content to the Website;
2. you grant to us a royalty-free, non-exclusive irrevocable, perpetual and world-wide license of the intellectual property rights in the User Content to use, modify, copy, sub-license, distribute, reproduce, adapt, transmit, publish and/or broadcast, publicly perform, communicate and display in any manner and by any means which we may determine (subject to us using reasonable endeavors to implement the Access Controls that you have selected);
3. you must ensure, and warrant, that your User Content, and the license that you grant to us under paragraph (2), do not infringe the rights (including intellectual property rights, privacy and reputation) of any other person, and you agree to indemnify us against any third party claims arising from your use of the Website in breach of this paragraph (3); and
4. to the full extent permitted by law (and subject to us using reasonable endeavors to implement the Access Controls that you have selected), you consent to us (and all persons authorized by us) doing anything in relation to your User Content which would otherwise constitute an infringement of your moral rights that you may have in the User Content. To the extent that a waiver, rather than a consent, is required in any jurisdiction, then you waive any moral rights you may have.
In addition you agree not to post, upload, publish, submit or transmit any information or materials that:
• is violent or threatening or promotes violence or actions that are threatening to any other person; or
• promotes illegal or harmful activities or substances.
• infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy;
• violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
• is fraudulent, false, misleading or deceptive;
• is defamatory, obscene, pornographic, vulgar or offensive;
• promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
We have the right, but not the obligation, to monitor and review User Content from time to time and we may, at our sole discretion and without prior notice to you, remove or edit any of your User Content for any reason (or for no reason at all). Notwithstanding our right to monitor, review and edit any User Content, we are not obliged to do so. We accept no responsibility or liability for any User Content. In particular, you acknowledge and agree that we do not authorize, condone or endorse any User Content of any other user, and are not responsible for the accuracy, legality or decency of such content. You are solely responsible for verifying the veracity of any claims or statements made in any User Content.
You acknowledge that, subject to us using reasonable endeavors to implement the Access Controls that you have selected, your User Content will be displayed on the Website, and other users may use, view and download your User Content. We are not responsible for how other users will use your User Content. You should take care before posting anything sensitive or personal about yourself to any part of the Website that is accessible to the public or other users of the Website.
Some User Content may refer to events or activities that are organized by other users of the Website. We are not responsible for organizing these events and activities, and do not authorize or endorse them. You are solely responsible for determining whether to participate in these events and activities, at your own risk. If you believe that your rights have been infringed by any other User Content, or wish to report any User Content that does not comply with these terms, please contact our administrator at Contact Us
17. PERMITTED USE
We prohibit the use of this Website and any of its functionalities, features and content in any manner other than as expressly allowed by us in these terms. With respect to your use of or participation in any interactive facility on the Website, you acknowledge and agree that:
1. you are legally responsible for all User Content you submit;
2. under no circumstances will you post any material, or engage in any behavior, that is, or could reasonably be taken to be, predatory or intimidating, or in any way designed to solicit identifying information from anyone under the age of 18 years;
3. we may notify and/or cooperate with any authorities and law enforcement agencies in relation to any of your activities in connection with the Website, including providing any and all information about you held by us (whether of a personal nature or otherwise), to those entities;
4. you will not:
a) post or transmit any illegal, threatening, discriminatory, harassing, abusive, offensive, defamatory, racially or sexually vilifying, obscene, pornographic or indecent material of any kind (including Restricted or Prohibited Content in accordance with the National Classification Code), or any material in contempt of any court or parliament, or encourage any other person to do so;
b) bypass (or attempt to bypass) any security mechanisms imposed by the Website;
c) harvest or collect email addresses, photographs or personal information of other users;
d) impersonate any person or entity;
e) post or transmit false or misleading material or make any form of misleading or deceptive representation;
f) knowingly post or transmit or permit the posting or transmission of any material, which contains a computer virus or other harmful data, code or material;
g) exploit the Website for your own commercial or unlawful purposes or the commercial or unlawful purposes of any other person (including the posting of advertisements, solicitors, promotional materials, ‘spam’ or any other materials that are contrary to our commercial or lawful interests);
h) provide access or links to any material (including links to peer to peer network ‘trackers’) which may infringe the intellectual property rights of another person; or
i) delete or alter or attempt to delete or alter attributions, legal notices, trademarks or copyright marks on any material contained in the Website;
j) collect information about the Website or users of the Website without our written consent;
k) modify, frame, rendering (or re-render), mirror, truncate, inject, filter or change any content or information contained in the Website, without our written consent;
l) use any deep-link, page-scrape, robot, crawl, index, spider, click spam, macro programs, Internet agent, or other automatic device, program, algorithm or methodology which does the same things, to use, access, copy, acquire information, generate impressions or clicks, input information, store information, search, generate searches, or monitor the Website or any portion thereof;
m) disguise the origin of information transmitted to, from, or through the Website.
n) impersonate another person or user (including logging onto the Website and/or utilizing our services via an account other than your own);
o) distribute viruses or other harmful computer code;
p) use the Website for any purpose in violation of local, state, national, international laws;
q) use the Website in a way that is intended to harm, or a reasonable person would understand would likely result in harm, to the user or others; or
5. at our request you agree to do all things necessary and desirable, either to give effect to these terms or to help us comply with all regulatory directions and obligations.
19. CONTESTS AND SURVEY
This Website may contain contests, invitations to participate in contests or surveys that request you to send in to us or post on this Website material or information about yourself. Each contest or survey will have its own rules, and you must read and agree to all those rules prior to entering into any such contest or responding to any survey. Participation in these contests or surveys is completely voluntary and the user therefore has a choice whether or not to disclose this information. Some of the information requested may be of a personal nature but there is no obligation to answer any or every question. In particular, submission of your email address will be optional. Information requested may include contact information (such as name and shipping address) and demographic information (such as post code, age, gender and marital status). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the use and satisfaction of this Website. Large population demographics may be compiled and published using this data but no individual information will be disseminated.
20. COMMUNITY STANDARDS AND CONDUCT GUIDELINES
You acknowledge that all Content and all information, software, photos, video, text, graphics, music, sounds, questions, creative suggestions, messages, comments, feedback, ideas, recipes, notes, drawings, articles and other materials posted, emailed, or otherwise transmitted to, on or through this Website, whether posted at our request or voluntarily, and whether publicly posted or privately transmitted (collectively, the ‘Postings’), are the sole responsibility of the person who made such Postings. This means that you are entirely responsible for all Postings that you post, email or otherwise transmit to, on or through this Website. We do not control the Postings of others and, as such, you agree that we have no responsibility for the accuracy, integrity or quality of such Postings. Although we have adopted community standards and conduct guidelines for the users of this Website (as described below), you understand that by using this Website, you may be exposed to Postings that are (without limitation) inaccurate, offensive or objectionable. Except for Postings created by us (as to which you agree that liability shall rest with the entity which created the relevant Content and shall be governed by these Terms & Conditions), to the maximum extent permitted by applicable law under no circumstances will we be liable in any way for any Postings, including, but not limited to, for any errors or omissions in any Postings, or for any loss or damage of any kind incurred as a result of the access to or use of any Postings posted, emailed or otherwise transmitted to, on or through this Website.
You agree not to use this Website (including any Forums) to do, or attempt to do, any of the following (as to which you agree to accept us as sole arbiter in our absolute discretion):
1. upload, post, email or otherwise transmit any Postings or other materials that are unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, defamatory, invasive of another’s privacy, hateful, or racially, ethnically, religiously, sexually or otherwise objectionable;
2. harm, wrongly influence or threaten Children in any way;
3. impersonate any person or entity, including, but not limited to, a director, officer, employee, shareholder, agent or representative of NLM or any other person or entity, or falsely state or otherwise misrepresent an affiliation with us, or any other person or entity;
4. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Postings or other materials transmitted to, on or through this Website;
5. upload, post, email or otherwise transmit any Postings or other materials that you do not have a right to upload, post, email or otherwise transmit under any law or under contractual or fiduciary relationships (such as insider information, proprietary and confidential information learned or disclosed as part of employment or other contractual relationships or under non-disclosure agreements);
6. upload, post, email or otherwise transmit any Postings or other materials that infringe upon any patent, trade mark, trade secret, moral right, copyright, right of privacy or publicity or other proprietary rights of any party;
7. upload, post, email or otherwise transmit any unsolicited or unauthorised advertising or promotional materials, ‘junk mail’, ‘spam’, ‘chain letters’, ‘pyramid schemes’ or any other form of commercial solicitation or promotion, except in those areas, if any, that are specifically designated for such purpose;
8. upload, post, email or otherwise transmit any Postings or other materials that contain software viruses or any other computer code, files or programs designed to interrupt, destroy, limit, compromise, delay or divert the functionality of any computer software or hardware or telecommunications equipment;
9. disrupt the normal flow of dialogue, cause a screen to ‘scroll’ faster than other users of a Forum (or other portion of this Website) are able to type, or otherwise act in a manner that negatively affects other users’ ability to use any Forum;
10. interfere with or disrupt this Website or servers or networks connected to this Website, or disobey any requirements, procedures, policies or regulations of networks connected to this Website;
11. intentionally or unintentionally violate any applicable local, state, national or international law, including but not limited to, any law and/or regulations having the force of law;
12. ‘stalk’ or otherwise harass another user of this Website or employee of PregActice;
13. collect or store personal data or attempt to collect or store personal data about other users of this Website; or
14. upload, post, email or otherwise transmit information which purport to be medical, health or weight-loss advice or advice of any other nature whatsoever.
Your privilege to use this Website (including the Forums) and to contribute to discussions on the Forums depends on your compliance with the community standards and conduct guidelines set forth above. We may revoke your privileges to use all or a portion of this Website and/or take any other appropriate measures to enforce these community standards and conduct guidelines if violations are brought to our attention. Further, if you fail to adhere to our community standards and conduct guidelines, we may terminate, in our sole discretion and without providing any reasons, your use of, or participation in, any Forum.
All Forum communications, including, but not limited to, message board communications, are public and not private communications. We reserve the right to monitor any areas of this Website (including any Forum) for adherence to the community standards and conduct guidelines set forth above or for any other purpose, but you agree we have no obligation or duty to do so and you release us from any such obligation or duty. You acknowledge that, by providing you with the ability to distribute Postings in the Forums, we are acting as a passive conduit for such distribution and we are not undertaking any obligation or liability relating to any Postings or activities in any Forum. Although we reserve the right to remove, without notice, any Forum posting for any or no reason, we have no obligation to delete Postings that you may find objectionable or offensive.
21. PAYMENT AND REFUNDS
Payment default currency is USD$. On the membership plans page you have the option of paying in AUD$. Prices are independent of currency changes. Orders are subject to acceptance by us. Acceptance (or rejection) of an order will be notified to you as part of the ordering procedure. Acceptance and continued access to our service is always subject to payment first being made by you. For the removal of doubt, by placing an order, you make an offer to purchase the relevant subscription that is the subject of your order. We reserve the right to terminate your access to our service if you are not up to date with any payment plan that may be offered.
We expect that we will use the Stripe payment gateway or a similar service for most financial transactions. We are not able to access your credit card or other financial details and you agree that we will not be held liable for any loss you incur arising from your use of this payment method unless caused by our fraud or the fraud of our employees.
All fees are non-refundable, unless:
1. the information service is not available for a period lasting more than 3 days. In this circumstance, a pro rata refund may be granted upon written request by email at Contact Us, however you acknowledge that we may refuse a request where we are able to provide the information service to you through alternative means (such as email); or
2. we agree to issue you with a refund in accordance with the clause (variation) below.
Upon receipt of a refund your agreement with us is at an end and we will cancel your account. You agree that this is your sole remedy in these circumstances.
All fees are non-cancellable and non-refundable except as expressly set out in these terms and conditions. You will not be able to terminate your subscription prior to the end of the subscribed term.
22. RETURN POLICY FOR DIGITAL PRODUCTS
As all of our products and services are digital they are deemed ‘used’ after download or opening. This unfortunately means we have a strictly no refund policy in regards to dissatisfaction with product. Please contact support at pregactive.com to see how we can remedy any problems you may have with this.
1. received notice of such changes when we place a notice on the Website setting out the changes; and
If you do not agree with the changes, then prior to you accessing your account you may notify us by emailing Contact Us and requesting a pro-rata refund. Where the proposed changes have more than a minor detrimental effect on your circumstances (in our reasonable opinion), we will refund a percentage of your subscription fee calculated by reference to the amount of time remaining on your subscription.
24. PERSONAL INFORMATION COLLECTION NOTICE
In registering for access or using this Website, you may be required to give us certain personal information in which you have certain rights. Personal information relating to you which we collect, use and disclose may include sensitive information, such as information about your health, your details related to how you pay for our services, your age, height and weight. If you do not provide all of the personal information that we request, then you may not be able to complete the registration process, or we may not be able to provide all or some our services to you.
25. PAYMENT AND CURRENCY DISCLAIMER
All payments are managed by a third party payment gateway, Stripe. All payment amounts are represented in USD$. We are not liable for any discrepancies in charges for international currencies. All transactions processed on www.pregactivepregnancy.com will be charged to the customer in the equivalent amount in their host countries currency per the USD$ price unless stated otherwise. All currency conversions and their calculations through payment are made via Stripe.
26. COPYRIGHT COMPLAINTS
We respect the intellectual property of others, and we ask our users to do the same. We may, in appropriate circumstances and in our discretion, terminate the rights of any user to use this Website (or any part thereof) who infringes the intellectual property rights of others.
27. SEVERANCE & TERMINATION
PregActive may in its sole and absolute discretion refuse registration, or suspend or terminate membership at any time and for any reason, subject to a valid pro-rata refund of fees. If a provision of these terms is void, illegal or unenforceable, it may be severed without affecting the enforceability of the other terms.
The terms underneath the following headings survive the termination and expiry of this agreement: ‘disclaimer’, ‘limitation of liability’, ‘indemnity’, ‘intellectual property’ and ‘user-generated content’.
29. GOVERNING LAW AND FORUM SELECTION / JURISDICTION
Use of this Website, your account, any purchases made through this Website, and any controversy, claim or dispute arising out of or relating in any way to your use of the Website, your account, or purchases through the Website shall be governed by the laws of your home state of residence without respect to its choice (or conflict) of laws rules. Jurisdiction and venue for any dispute shall be in Melbourne, Victoria, Australia. Each party submits to personal jurisdiction and venue in that forum for any and all purposes. If this paragraph would render any other paragraph or provision unenforceable, the jurisdiction and venue shall instead be in your home county of residence.
30. AGREEMENT TO PRE-ARBITRATION NOTIFICATION
31. AGREEMENT TO ARBITRATE CLAIMS
Any controversy, claim or dispute arising out of or relating in any way to your use of the Website, your account, or purchases through the Website shall be resolved by final and binding arbitration. The arbitration shall take place in Melbourne, Victoria, Australia. Unless either party or the arbitrator requests a hearing, the parties will submit their arguments and evidence to the arbitrator in writing. The arbitral award shall be judicially enforceable. Any court of competent jurisdiction may, and upon request shall, enter judgment on the arbitral award. Either party may seek confirmation (judgment on the award) and/or enforcement in any court of competent jurisdiction.
32. CLASS ACTION WAIVER
Both you and PregActive waive the right to bring any claim covered by this dispute resolution provision as a class, consolidated, representative, collective, or private attorney general action, or to participate in a class, consolidated, representative, collective, or private attorney general action regarding any claim covered by this dispute resolution provision brought by anyone else. Notwithstanding any provision in the Commercial Arbitration Rules and the Consumer-Related Disputes Supplementary Procedures to the contrary, the arbitrator shall not have the authority or any jurisdiction to hear the arbitration as a class, consolidated, representative, or private attorney general action or to consolidate, join, or otherwise combine the claims of different persons into one proceeding.
Except where otherwise specified, PregActive may deliver notice to you by means of electronic mail, a general notice on the Website or by other reliable method.
33. FORCE MAJEURE
PregActive shall not be liable for any failure or delay in performance of its obligations under this Agreement arising out of or caused, directly or indirectly, by circumstances beyond its reasonable control, including, without limitation, acts of God; natural disasters; wars; civil or military disturbances; sabotage; strikes; epidemics; riots; power failures; computer failure; loss or malfunction of utility, transportation, computer (hardware or software) or telephone communication service; accidents; labour disputes, acts of civil or military authority; governmental actions; or inability to obtain labour, material, equipment or transportation.
34. PregActive Free Trial
Pregactive may provide users with the opportunity to try out our site by gaining access to the member-only area. You can cancel anytime during this free trial period without charge. If you do not cancel then you will be billed for a monthly membership following the end of this free trial period. You will continue to be billed until you cancel your membership.