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PARTIESThis Agreement is between Jessie McGarry trading as The Bright Birth Co ABN 26 899 284 897 (Jessie, we, us or our) and you, by purchase of any program or product (Program, Product)
By using this website, you signify your acceptance of these terms and conditions of use. For the purposes of these terms and conditions, “Us”, “Our” and “We” refers to thebrightbirthco.com.au and “You” and “Your” refers to you, the client, visitor, website user or person using our website.
AMENDMENT OF TERMSWe reserve the right to change, modify, add or remove portions of these terms at any time. Please check these terms regularly prior to using our website to ensure you are aware of any changes. We will endeavour to highlight any significant or substantive changes to you where possible. If you choose to use our website then we will regard that use as conclusive evidence of your agreement and acceptance that these terms govern your and thebrightbirthco.com.au’s rights and obligations to each other.
LIMITATION OF LIABILITYIt is an essential pre-condition to you using our website that you agree and accept that thebrightbirthco.com.au is not legally responsible for any loss or damage you might suffer related to your use of the website, whether from errors or from omissions in our documents or information, any goods or services we may offer or from any other use of the website. This includes your use or reliance on any third party content, links, comments or advertisements. Your use of, or reliance on, any information or materials on this website is entirely at your own risk, for which we shall not be liable.
It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific, personal requirements. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
COMPETITION AND CONSUMER ACTFor the purposes of Schedule 2 of the Australian Consumer Law, in particular Sections 51 to 53, 64 and 64A of Part 3-2, Division 1, Subdivision A of the Competition and Consumer Act 2010 (Cth), thebrightbirthco.com.au’s liability for any breach of a term of this agreement is limited to: the supplying of the goods or services to you again; the replacement of the goods; or the payment of the cost of having the goods or services supplied to you again.
You must be over 18 years of age to use this website and to purchase any goods or services.
DELIVERY OF GOODSPhysical goods may be delivered by Australia Post and/or other reputable courier companies. Deliveries are processed promptly upon receipt of full payment. Delivery may take between 2 and 14 days, depending on the delivery option. Damaged or lost orders should be resolved with Australia Post or the courier company directly and we are not responsible for goods that are damaged in transit or not received. Replacement of damaged or lost items is made at the discretion of thebrightbirthco.com.au.
Digital goods are delivered immediately. Please be aware there are inherent risks associated with downloading any software and digital goods. Should you have any technical problems downloading any of our goods, please contact us so we may try to assist you.
RETURNS AND REFUNDSthebrightbirthco.com.au handles returns and processes refunds in accordance with the Australian Consumer Protection legislation.
We will not return or refund your purchase for change of mind, changes in your circumstances, non-completion of courses/programs in the designated timeframe, time restraints, lack of interest or any other reason that is not a factor controllable by The Bright Birth Co. All decisions to purchase and proceed through checkout are final.
Should you wish to request a refund of your order, please notify us within 7 days of purchase with a valid reason for return that does not come under the description listed above. If we are unable to resolve your complaint or further assist you and you would still like to request a refund, we will engage legal counsel to assist. All refunds are made at the discretion of thebrightbirthco.com.au.
COURSE AND PROGRAMS DURATION AND ACCESS TO CONTENTAll courses, programs, opinions and digital products provided by The Bright Birth Co are provided at the discretion of the creator, Jessie McGarry. Course duration, copy, content, and perspectives are created with the right to change, modify, add or remove portions of these terms at any time, based on what we deem to be the most effective and comprehensive alterations and amendments. As and when changes are made, we will inform the relevant parties and customers at our earliest convenience.
All service and offering terms are at the discretion of the creator, Jessie McGarry.
OUR OBLIGATIONS TO YOU1. In consideration of you paying us the Payment, we will provide the Program in accordance with this Agreement. While I am the main point of contact and the facilitator, sometimes I might sometimes use other team members to help me deliver the best experience possible for you, these people could be employees, contractors or agents (Team). My Team is covered by this Agreement too.
online through a video conferencing software or other digital software of our choosing.
YOUR OBLIGATIONS TO US1. You must comply with this Agreement and all of our reasonable requests or requirements.
RECORDING AND REPLAY OF CALLS & VIDEO CONFERENCESWhen you attend any Coaching session provided by a Coach in the Program, you acknowledge and agree that:
INTELLECTUAL PROPERTY & PROGRAM RESOURCESAs between the parties, all intellectual property rights (including copyright) developed, adapted, modified or created by us or our Team (including in connection with this Agreement or the provision of the Program) will at all times vest, or remain vested, in us.
On the Start Date, you grant us a perpetual, royalty-free, world-wide, unconditional, transferable and irrevocable licence to use, develop, adapt and modify (Use) all intellectual property rights (including copyright) in any materials that you provide to us in connection with this Agreement, and you will ensure that any such Use does not infringe any intellectual property rights of any person. If you or any of your Team has any moral rights (as defined in the Copyright Act 1968 (Cth)) (Moral Rights) in any materials provided, used or prepared in connection with this Agreement, you (and you will ensure that your Team) consent to the infringement of those Moral Rights by our Team or us.
LIMITATIONSDespite anything to the contrary, to the maximum extent permitted by law:
omission by you or your Team.
IMPLIED TERMS AND CONSUMER GUARANTEESSubject to the below, and any condition or warranty, which would otherwise be implied in this agreement, is excluded.
Our Liability for breach of a guarantee conferred by the Australian Consumer Law (other than those conferred by sections 51 to 53 of the Australian Consumer Law) is limited to:
DISCLAIMERIn engaging us for our Program, you acknowledge and agree that:
TERMINATIONThis Agreement will terminate upon written notice by:
On termination of this Agreement, you will:
Termination of this Agreement will not affect any rights or liabilities that a party has accrued under it.
Disputes: A party may not commence court proceedings relating to any dispute under this Agreement (Dispute) without first approaching the other party in good faith to resolve the Dispute, unless that party is seeking urgent interlocutory relief such as an injunction, or the Dispute relates to compliance with this clause.
Confidentiality: Both parties will (and will ensure their respective Teams) keep confidential, and not use or permit any unauthorised use of, any Confidential Information without the prior written consent of the other party, except where the disclosure is required by law, where Confidential Information includes any information that:
Notices: Any notice given under this Agreement must be in writing addressed to the relevant address in the Proposal. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.
Relationship of Parties: This Agreement is not intended to create a partnership, joint venture or agency relationship between the parties.
Severance: If a provision of this Agreement is held to be void, invalid, illegal or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or that part of that provision) will be severed from this Agreement without affecting the validity or enforceability of the remainder of that provision or the other provisions in this Agreement.
Entire agreement: This Agreement contains the entire understanding and agreement between the parties in respect of its subject matter.
Amendment: This Agreement may only be amended by written instrument executed by all parties.
Survival: The clauses under the headings Intellectual Property, Limitations, Disclaimer, Confidentiality and subclause (l) under Our Obligations survive termination of this Agreement.
Governing law: This Agreement is governed by the laws of Western Australia.
We have no obligation or liability in connection with the Program until you accept this Agreement. You will be deemed to have accepted this Agreement if you:
Proceed with purchase of the Program
In-Person Doula Services TERMS AND CONDITIONS can be found here.
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