Last Modified: April 22, 2017
These Terms and Conditions (hereinafter referred to as “Agreement”, “Terms and Conditions” or “Terms”) are a legally binding agreement between you either an individual, group or entity (the “User”, “You”, or “Your”) and www.newageparenting.com.au (“New Age Parenting”, “Website”, or “Site”) owned and operated by Mind Power Body Spirit a business operating under the Laws of Western Australia from its offices in Perth (“Company”, “We”, “Us”, or “Our”).
Please read these Terms and Conditions carefully. Your access to the Website constitutes Your acceptance of all the provisions of these Terms and Conditions. If You do not wish to be bound by these Terms and Conditions, please do not access the Website.
We are a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for us to earn fees by linking to Amazon.com and affiliated sites. We also participate in Clickbank affiliate program that enables Us to earn a small fee when You click on links placed on Our Site.
THE INFORMATION INCLUDING ANY, ADVICE AND RECOMMENDATIONS THAT ARE POSTED ON OUR WEBSITE ARE NOT INTENDED TO TREAT ANY MENTAL ILLNESS OR TO REPLACE PSYCHOLOGICAL, PSYCHIATRIC OR MEDICAL TREATMENT FROM A LICENSED PSYCHOLOGIST, COUNSELLOR OR MEDICAL PRACTITIONER.
PLEASE TAKE NOTE THAT WE ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING WHETHER DIRECTLY OR INDIRECTLY FOR ANY ACTION OR OMISSION ON YOUR BEHALF, BASED ON THE INFORMATION, SERVICES, PRODUCTS OR OTHER MATERIAL MADE AVAILABLE THROUGH OUR SITE.
The Website is not designed for use by persons under the age of 18 years. If you are under the age of 18 years, please do not access or use this Site. If the legal age of entering into binding agreements is older than 18 years in Your jurisdiction, please do not use our Site until You attain the legal age to enter into legal agreements. If You are entering into this agreement on behalf of an entity, You represent that You are authorized to enter into legally binding contracts on behalf of such entity. By using Our Services, You represent and warrant that You have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions set forth herein.
How the Site works
New Age Parenting is an online parenting magazine that offers parenting advice and information through articles, blog posts, book reviews, recommendations along with product links and advertisements to You on topics that we believe You will find interesting.
You may browse through the Website without signing up, but as a requirement to using certain services (such as receive updates and post comments) offered by the Website, You will be required to register at www.newageparenting.com.au by providing Us with the required information. You will provide Us with correct and current information during the signup process and to keep such information up-to-date. In the event You fail to provide Us with correct and current information, You shall be deemed to be in breach of these terms. In the event of such breach, We reserve the right to immediately terminate Your account. We further reserve the right to refuse an account registration in Our sole discretion. Please note that You are solely responsible and liable for any activity on Your account. You accept and agree that You will not disclose Your sign in credentials to any other User or third-party or allow them to use Your account. You are legally obliged to immediately notify Us of any unauthorized use and access to Your account, or similar security breach of which You become aware of.
We may access Your account and the information that You have provided, for any support or maintenance purposes or for any security issues or business reasons that We see fit.
Unless explicitly stated otherwise on the Website, Our responsibility is limited to facilitating the availability of the Website.
PLEASE NOTE THAT, THE COMPANY CANNOT AND DOES NOT CONTROL THE SUITABILITY OR LEGALITY OF ANY CONTENT ON THE WEBSITE. THE COMPANY IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY FOR ANY PRODUCT LINKS SHOWCASED ON THE WEBSITE. ACCORDINGLY, ANY DECISION TO PURCHASE ANY PRODUCT RECOMMENDED OR ADVERTISED THROUGH THE WEBSITE IS AT YOUR OWN RISK.
Users shall not use the Website in order to transmit, distribute, store or destroy material, including without limitation content provided by the Company: for any unlawful purpose or in violation of any applicable law, regulation, international law or laws of any other country; or in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or that is defamatory, libellous, obscene, threatening, abusive or is offensive to Users of the Website, such as content or messages that promotes racism, hatred or physical harm of any kind against any group or individual; or that is false or misleading; or that harasses or advocates harassment of another person.
Users are prohibited from interfering or attempting to interfere with the security of Our Website, which includes but is not limited to:
- accessing data which is not intended for You or by logging into an account which You are not authorized to access;
- probing, scanning or testing the vulnerability of Our Site and/or Our network;
Violations of Site or network security may result in civil or criminal liability.
Specific Restrictions on Rights to Use
In addition to the above, the Users shall not:
- modify, adapt, translate, or reverse engineer any portion of the Website;
- remove any copyright, trademark or other proprietary rights notices contained in or on any content / products showcased on the Site;
- use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Site for crawling the Site and scraping content or to circumvent the technological methods adopted by the Company to prevent such prohibited use;
- reformat or frame any portion of the web pages or Our Website without express written consent of the Company;
- create User accounts by automated means or under false or fraudulent pretences;
- create or transmit unwanted electronic communications such as “spam” to other Users of the Website or otherwise interfere with other User’s or Visitor’s enjoyment of the Website;
- submit any content or material that falsely express or imply that such content or material is sponsored or endorsed by the Company;
- transmit any viruses, defects, Trojan horses or other items of a destructive nature;
- use of the Website to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that are deemed threatening or obscene;
- copy or store any content offered on the Website for other than Your own use;
- take any action that imposes, or may impose in Our sole discretion, an unreasonable or disproportionately large load on Our IT infrastructure;
Remedies with the Company
The Company has the right to investigate and prosecute violations of any of the above to the fullest extent of the law. The Company further reserves the right to take actions to prevent/control such violation including without limitation, removing the offending communication or content from the Website and/or blocking their use of the Website.
The Company shall also be entitled to investigate occurrences which may involve such violations and take appropriate legal action and involve the law enforcement authorities in prosecuting Users who are involved in such violations.
All program content including without limitation, the text, graphics, photos, sounds, music, videos, interactive features and the like (“New Age Parenting Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by and/or licensed to New Age Parenting Content and subject to trademark, copyright and other intellectual property rights under the laws of Western Australia, foreign laws and international conventions.
New Age Parenting Content is provided to you “AS IS” for Your information and Your personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed or otherwise exploited for any other purpose whatsoever without the prior written consent of the Company. You agree not to copy, reproduce, republish, disassemble, decompile, reverse engineer, download, post, broadcast, transmit, make available to the public, or otherwise use New Age Parenting Content in any way except for your own personal, non-commercial use. You also agree not to adapt, alter or create a derivative work from any New Age Parenting Content except for your own personal, non-commercial use. Any other use of New Age Parenting Content requires the prior written permission of the Company.
We reserve all rights not expressly granted in and to the New Age Parenting Content. You agree to not engage in the use, copying, or distribution of any New Age Parenting Content, other than expressly permitted herein, including any use, copying, or distribution for any commercial purposes. If you download or print a copy of any New Age Parenting Content for personal use, You must retain all copyright and other proprietary notices contained therein.
Copyright Dispute Policy
Except for the content submitted by the Users, on the website, any material, content or logos, marks, software on or part of the Website and all aspects thereof, including all copyrights and other intellectual property or proprietary rights therein, is owned by the Company or its affiliate partners. You are prohibited to modify, reproduce, distribute, create derivative works of, publicly display or in any way exploit, any of the content, software, marks, logos, and/or materials available on the Website in whole or in part except as expressly allowed under the Terms.
If you believe that Your copyrighted material or content is posted, uploaded or made accessible through the Website, please inform Us at the email address listed below of such material and provide us with the following information:
- Identification of the material or content on the website that is claimed to be infringing your copyrighted works including information regarding the location of such materials with sufficient details to enable the Company to find, verify and remove such materials from the Website;
- Your contact information including your name, telephone number and email address;
- A statement by You setting out that You are either the owner of the copyrighted work or have been authorized by the owner to communicate with the Company with regard to the copyrighted work displayed and made accessible through the Website.
Contact Us: firstname.lastname@example.org
Content made accessible by New Age Parenting
You hereby accept that You use the Website and access any content provided therein at Your sole risk and You will be solely responsible and liable for any loss that may arise as a result there-from. For purposes of this Agreement, the term “Content” includes, without limitation, comments, reviews, recommendations, affiliate links, products showcased on the Website, data, text, photographs, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible by the Website. Content added, created, submitted, posted or otherwise generated by Users on or through the Website, is collectively referred to as, “User Submissions”.
We may use Your User Submissions in a number of different ways in connection with the Website as We may determine in Our sole discretion, including but not limited to, publicly displaying it, reformatting it, incorporating it into marketing materials, advertisements and other works, promoting it, distributing it. By submitting User Submissions on the Website, You hereby do and shall grant the Website a worldwide, non-exclusive, royalty-free, fully paid, sublicensable and transferable license to use, reproduce, distribute, display, perform, and otherwise fully exploit the User Submissions in connection with the Website (and its successors and assigns’), including without limitation for promoting and redistributing part or all of the Website. You grant each user of the Website, a non-exclusive license to access your User Submissions through the Website.
You further represent that you have all the rights to grant such license to us, including but not limited to, any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights.
You understand that all information publicly posted or privately transmitted through the Website is the sole responsibility of the person from whom such Content originated; that the Website will not be liable for any errors or omissions in any Content; and that the Website cannot guarantee the identity of any other Users with whom you may interact in the course of using the Website.
We welcome Your feedback and suggestions about how to improve the Website. Feel free to submit feedback to [INSERT NEW AGE PARENTING EMAIL ADDRESS]. By submitting feedback, You agree to grant Us the right, at Our discretion, to use, disclose and otherwise exploit the feedback, in whole or part, without any restriction or compensation to You.
Modification of Terms and Conditions
You understand and agree that these Terms and the Website and any Services offered by Us can be modified by the Company at its sole discretion, at any time without prior notice, and such modifications will be effective upon such new terms and/or upon implementation of the new changes on the Website. You agree to review the Terms and Conditions periodically so that you are aware of any such modifications and the Company shall not be liable for any loss suffered by You on Your failure to review such modified Terms.
You accept that We have no control or duty to take any action regarding the implications of any New Age Parenting Content on You including: the effects the New Age Parenting Content has on You; how You may interpret or use New Age Parenting Content; or any actions that You may take after having been exposed to New Age Parenting Content.
You understand that we do not, in any way, screen Users. In no event shall we be liable for any damages whatsoever, arising out of or relating to Your conduct or anyone else in connection with the Website.
The Website is provided “as is”, and without any representations or warranties of any kind, express or implied, including, but not limited to, the implied warranties of title, non-infringement, merchantability and fitness for a particular purpose, and any warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed, save to the extent required by law.
The Company, and its directors, employees, agents, representatives, suppliers, partners and content providers do not warrant that:
(a) the Website will be secure or available at any particular time or location;
(b) any defects or errors will be corrected;
(c) any content or software available at or through the Website is free of viruses or other harmful components; or
(d) the results of using the Website will meet Your requirements.
You accept that Your use of the Website is solely at Your own risk.
Limitation of Liability
All liability of the Company, its directors, employees, agents, representatives, partners or suppliers howsoever arising for any loss suffered as a result of your use of the Site is expressly excluded to the fullest extent permitted by law.
In no event, will the total liability of the Company or its directors, employees, agents, representatives, partners or suppliers to you for all damages, losses and causes of action arising out of or relating to these terms, Your use of the Website or your interaction with other Users (whether in contract, delict including negligence, warranty or otherwise) with respect to the Site, New Age Parenting Content, User submissions or add-to link for:
- indirect or consequential losses or damages;
- loss of actual or anticipated profits;
- loss of revenue;
- loss of goodwill;
- loss of data;
- loss of anticipated savings;
- wasted expenditure; or
- cost of procurement of substitute services.
Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to You. In such cases, the Company’s liability will be limited to the fullest extent permitted by applicable law.
Except as expressly provided otherwise, this Agreement will be is governed by, and will be construed under, the laws of Western Australia, without regard to choice of law principles.
Assignability – These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by Us without restriction. Any assignment of rights and obligations made in contravention to these Terms shall be void.
Severability – If any provision of these Terms is held to be unlawful, void, or unenforceable, then such provision will be limited to the minimum extent required by law and will not affect the validity and enforceability of any remaining provisions.
Waiver – The failure of the Company to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by an authorized representative of the Company.
Force Majeure – The Company is not liable for failure to perform any of its obligations if such failure is as a result of Acts of God (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalisation, government sanction, blockage, embargo, labor dispute, strike, lockout or any interruption or any failure of electricity or server, system, computer, internet or telephone service.
Links to third party sites – The Website contains links to other websites (“Linked Sites”). Such Linked Sites are not owned and operated by Us and the Company cannot be held responsible for the contents of such Linked Site, including but not limited to any link contained in a Linked Site, or any changes made to a Linked Site.
We will not be responsible for any errors, omissions or representations on any Linked Site. You are advised to verify the accuracy of any information independently before undertaking any reliance on such information.