T&C of Sale
Terms & Conditions of Sale
The wording below sets out the terms and conditions on which BornOnline Pty Ltd provides access through our website at www.bornonline.com.au.
You, your organization or company who enters into a contract for the purchase of access to the Classes or the provision of the Telephone/Skype Advice Service, subject to these terms and conditions (Agreement).
- Placing your order and acceptance
1.1 When you place your order for one or more of our Classes or the Telephone/Skype Advice Service it is an offer by you to enter into a legal contract with us.
1.2 You and we will only enter into a binding contract when you receive notification from us that we have accepted your order and that a binding contract exists from the date and time specified in the notification.
2.1 The prices for the Classes and the Telephone/Skype Advice Service are located on our Website. The price you will pay will be that stated at the time you place your order.
2.2 Your order for one or more of the Classes or the Telephone/Skype Advice Service can only be made through the appropriate page on our Website. We do not accept orders made by any other means.
2.3 All Classes and the Telephone/Skype Advice Service we provide must be paid for in advance, and can only be made with the use of a credit or debit card via PayPal.
2.4 Where we have accepted an order from you and the payment is subsequently refused or rejected, we reserve the right to refuse to grant access to the Classes or perform any further or unfulfilled part of the Telephone/Skype Advice Service you have ordered.
2.5 All prices stated are inclusive of GST, which will be charged at the rate in force at the time you place your order.
3 Access to Classes
3.1 Upon receipt of full payment from you we will send you an email confirming that your payment has been taken. The email shall also provide a link to a page on our Website that you must click on to activate your username and password.
3.2 Once you have activated your username and password you will be granted access to the relevant section of our website in order that you may view the classes that you have purchased for a period of 6 calendar months from the time of activation.
3.3 Classes that you have purchased may be viewed as many times as you wish during your period of access detailed in condition 3.2.
3.4 Classes are available to view on our Website only and may not be downloaded. It is your responsibility to ensure that you have the correct software installed on your computer and that your computer hardware meets the recommended requirements in order to view the Classes.
4 The provision of the Telephone/Skype Advice Service
4.1 Upon receipt of full payment from you we will send you an email confirming that your payment has been taken.
4.2 We will send an email to you in order to arrange a suitable time to telephone/skype you and provide the Telephone/Skype Advice Service. One of our midwives will telephone/skype you on the telephone number provided by you at the date and time you have arranged. The time you have selected is approximate and our advisor will endeavour to telephone you as close to that time as reasonably possible.
4.3 It is your responsibility to provide accurate contact details. In addition, our advisors can only give advice based on information provided by you and it is your responsibility to ensure that the information you provide is accurate.
4.4 The duration of the Telephone/Skype Advice Service selected will be approximately 30 minutes.
4.5 Each purchase of the Telephone/Skype Advice Service is limited to one telephone/skype call made by us to you for the time period specified in condition 4.4 above.
4.6 All telephone/skype calls may be recorded for quality and monitoring purposes.
4.7 A telephone/skype call will only provide answers to questions in regards to your antenatal education/classes only. We will not provide any advice/diagnoses on medical/pregnancy related questions.
4.8 At our sole discretion we may decide that:
4.8.1 the matter does not relate to antenatal education or the antenatal classes
4.8.2 the information provided by you is outside of the permitted advice and information allowed for us to give you and so we will refer you to your health care provider; or
4.8.3 we are not able to advise anything related to medical/pregnancy conditions or diagnoses that you may have. This service is for general antenatal education questions only. You must seek your care from your health care provider; or
4.8.4 if the questions provided by you requires us to provide advice and/or assistance outside the areas of the terms and conditions of this service, or for some other reason we do not wish to provide telephone/skype advice, consequently we will inform you of this at the time.
4.9 You acknowledge and agree that in purchasing the Telephone/Skype Advice Service you may not receive any telephone/skype advice or telephone/skype advice for the full period specified in condition 4.4 above (for the reasons set out in condition 4.8 above or condition 4.10 below).
4.10 the Telephone/Skype Advice Service is not suitable for, or to be used, in situations where:
4.10.1 urgent advice and assistance is required; or
4.10.2 immediate action is required on your or someone else’s part; or
4.10.3 examination is required.
4.11 We do not tolerate abusive or threatening behaviour directed towards our advisors and reserve the right to terminate the provision of the Telephone/Skype Advice Service in such circumstances and to report the matter to the relevant authorities.
4.12 If we decide to not provide telephone/skype advice, then, it shall be in our sole discretion to determine how much, if any, refund you receive of the payment you have made for the Telephone/Skype Advice Service and, in determining the amount of any refund, we shall take in to consideration the amount of time spent giving any telephone advice and the circumstances of the termination.
4.13 You have 3 weeks to use your Telephone/Skype Consultation with one of BornOnline’s midwives. After 3 weeks your purchase will expire. Please book your consultation soon after purchase to ensure no disappointment.
5 Information on our website
5.2 In addition to the terms and conditions of the Other Provisions, the Classes and other information given on our Website or via the Telephone/Skype Advice Service may not be copied or recorded (by any means) by you or provided to any other person by you, except that you may print to a printer or make written notes for your own personal use.
5.3 You will only search or otherwise access or view our Website through a standard internet browser (such as FireFox, Internet Explorer, Safari or Opera). In particular, you will not use any software or device to copy, transfer or download complete or partial parts of the Classes and other information given on our Website or our Website itself (text, code, software, graphics etc) to enable you or another person to run our website.
5.4 You will not allow access to the Classes by any other person or body and shall not disclose your password required to access our Website to any person or body to allow access from other computers. In the event that we have a reasonable belief that you may have breached the terms of this Clause 5.4 such belief shall give rise to a breach of the provisions of this Clause and this Agreement will be terminable in accordance with Clause 6.1.1.
6.1 We may terminate this Agreement where you are:
6.1.1 in substantial breach of the provisions of this Agreement;
6.1.2 in breach of the Other Provisions.
We may also terminate this Agreement where we decide to withdraw this Website (whether on a temporary or permanent basis) or decide no longer to permit access to the Website by you (by use of passwords or changes of passwords or by any other means). In such cases, it shall be in our sole discretion to determine how much, if any, refund you receive of the payment you have made for either the Classes or the Telephone/Skype Advice Service and, in determining the amount of any refund, we shall take in to consideration the amount of time you have had access to the Classes and the amount of time spent giving any telephone/skype advice (if any) and the circumstances of the termination and it shall also be in our discretion to complete performing the Telephone/Skype Advice Service which may remain unperformed.
7 Exclusion of liability
7.1 Except in the case of death or personal injury caused by our negligence, our liability under or in connection with this Agreement, whether arising in contract, tort, negligence, breach of statutory duty or otherwise shall not exceed the sum of either the amount you have paid for the Classes or the Telephone/Skype Advice Service or whichever is the higher.
7.2 We shall not be liable to you in contract, tort, negligence, breach of statutory duty or otherwise for any loss, damage, costs or expenses of any nature whatsoever incurred or suffered by you:
7.2.1 of an indirect or consequential nature nor
7.2.2 for any economic loss or other loss of turnover, profits, business or goodwill.
7.3 Nothing in this Agreement excludes liability for our fraud.
8 Right to cancel
8.1 The Australian Consumer Law 2011 permits consumers to cancel a contract after it has been entered into subject to certain limitations and requirements. Your right to cancel will depend on the type of product or service that you are purchasing from us, and are detailed as follows:
8.1.1 Access to Classes: You will have the right to cancel the contract for access to the Classes within 7 working days as long as you do not access any part of a class. If you access any part of a class before the expiry of the 7-day period, from the time you paid for the classes you will no longer be able to cancel the contract, as we will have provided you with access to the class.
8.1.2 Telephone/Skype Advice Service: You will have the right to cancel the contract for the Telephone/Skype Advice Service within 7 working days as long as we do not telephone/Skype you to give advice in accordance with these terms and conditions at your selected date and time for the provision of the Telephone/Skype Advice Service. If we telephone you before the expiry of the 7-day period to provide the Telephone/Skype Advice Service, from the time we call you will no longer be able to cancel the contract, as at the time we telephone you we will have started providing the Telephone/Skype Advice Service.
9 If you have the right to cancel then:
9.1 you will need to send a notice in writing to us stating that you wish to cancel the contract between us and you; and
9.2 you will need to send us the notice of cancellation within 7 working days, with the 7-day period starting with the day after you receive our confirmation that there is a binding contract between you and us;
9.3 you can send us the notice of cancellation by e-mail to email@example.com or by post to BornOnline, 3/7 Castello Circuit, Varsity Lakes, QLD, 4227 marked for the attention of Director of BornOnline;
9.4 after we receive your notice of cancellation we will refund any money you have paid to us within 28 days.
10 Gift Certificates
10.1 Additional terms and conditions apply with respect to the use of Gift Certificates purchased from the Website.
10.2 Gift Certificates are treated like cash. Lost or stolen certificates will not be replaced or refunded. Gift Certificates are not redeemable for cash.
10.3 Gift Certificates expire 6 months from the issue date. For the avoidance of doubt, this is the date in which BornOnline Pty Ltd issued the Gift Certificate and not the date you received the Gift Certificate.
10.4 Gift Certificates only to be used for the purchase of the Antenatal and Postnatal Package Bundle. No other services permitted.
11.1 BornOnline Pty Ltd has advertisements on our website. Although BornOnline Pty Ltd receives money from the advertisements on our website, you are solely responsible for your decision whether to click on advertising boxes on our website and whether to make purchases from our advertisers. You are solely responsible for payment of all costs or fees associated with the purchase of goods and services from our advertisers
12.1 All advertising bookings must be confirmed in writing.
12.2 The finished artwork must be the same dimensions as indicated in the media kit. Advertisements outside of these will not be accepted.
12.3 Cancellations will only be accepted in writing and must be received before the first day of the month. Cancellations received after the first of the month will not be accepted and a full month fees are due.
12.4 To secure advertising space payment via PayPal is required at the time of booking.
12.5 Advertisements on www.bornonline.com.au are accepted subject to approval of the owners.
It is the responsibility of the advertiser to ensure that advertisements comply with the Trace Practices Act. Advertisements are accepted for publication on the condition that the advertiser indemnifies BornOnline Pty Ltd against all actions, suits, claims, loss and/or damage and expense resulting from anything published by the advertiser.