TERMS OF USE

 

These Terms of Use (Terms) apply to all Subscribers to this website. We may modify and update these Terms at any time, without notice. You need to ensure you review the Terms from time to time. In using our website and services and signing up for the subscription, you agree to be bound by these Terms as well as any and all general Terms and Conditions posted on our website from time to time.

 

DEFINITIONS

 

“Additional Services” means products and services designed to be used in conjunction with the services but not included in the Services to which you subscribed.

 

“Content” means any and all material, links, words and images submitted to and available through the website.

 

“Services” means any services and Content made available to Herasphere Pregnancy Club members through the website, including without limitation information relating to health and fitness in pregnancy, access to educational modules, online pregnancy forums and fitness programs.

 

“Subscriber” means a subscriber to the Services.

 

“the website” means https://herasphere.net

 

“We”, “our” and “us” means Herasphere Pty Ltd

 

“You” means the Subscriber to our services and by doing so, agree to these Terms.

 

SUBSCRIPTIONS AND BILLING

 

You need to first fill in your registration details that are required in the online form to gain access to the Services as well as provide payment details for the below billing plan.

 

Upon registration, you will be billed immediately for the first billing period, after which you will receive your own personal login details and access to the first module. Subsequent modules will be released at the following intervals (based on your estimated due date): 12 weeks; 16 weeks; 20 weeks; 24 weeks; 28 weeks; 32 weeks.

 

You will continue to be charged in advance for periods of four (4) weeks at a time for the duration of your pregnancy. The final billing period will commence in week 32 to 36 of your pregnancy unless the subscription is cancelled earlier by you or us in accordance with the below Cancellation terms.

 

By providing your credit card details, you authorise us and agree to the subscription fee and any fees for Additional Services being automatically deducted from your credit card or other nominated payment method at the beginning of each billing period.

 

AGREEMENT FOR SUBSCRIPTION SERVICES

 

To be eligible to subscribe to our website Services, you acknowledge and agree to the following:

 

  • You will not share your password or login details with any other person and you will keep your contact, payment and other information updated;
  • You warrant that all information you provide, including your personal information and details, is true, correct, up-to-date;
  • We, at all times, abide by the Australian Privacy legislation. Please refer to our full Privacy Policy on our website for details of how we collect, store and use your personal information;
  • Credit card information is not stored by us on our servers. We use a secure third party service to process any credit card payments.
  • The Services include streaming video content (Videos) which may not be permanently downloaded. The Videos are provided for your personal, non-commercial use. You must not download (other than for temporary caching purposes as part of the video streaming process), retain, store, reproduce, republish, modify, adapt, translate, prepare derivative works from, reverse engineer, disassemble, sell, transfer or distribute the Videos and any Content provided through the Services, or authorise, allow or provide the means for others to do any of these things.

 

  • The Services may link to other websites, services or resources on the internet, such as Amazon and Youtube. We are not responsible for the content of those sites. You acknowledge and agree that when you access other websites on the internet, you do so at your own risk.

 

  • You will not transfer, sublicense or grant access to any of our Services to any other person, company, business except as agreed in these Terms.
  • Any purchase you may make for goods and services of any third party through our website is done at your own risk and is direct with the third party provider. We are not responsible and strongly advise you to ensure the goods and services offered are suitable to your personal and financial situation. Any dispute you may have is solely between you and the third party. Your contract for any goods or services is directly with the third party and you are to make any claim for Services directly with the third party.

 

DISCLAIMER

 

You agree that some of our Services may involve health, exercise, diet or other personal and well-being management information (‘Information’). The Services and Information should not replace your own discussions with your own qualified suitable healthcare professionals where relevant to your condition and this Information should not be used to diagnose or replace any professional treatment or management of any particular existing condition. All decisions about any treatment and management of any condition must be made with a relevant healthcare professional and you agree and acknowledge that any reliance on any Information, discussions or recommendations that you may rely on is done at your own risk. In using our Services, you agree you are at all times responsible for your own physical health and emotional well-being.

 

You take full responsibility and risk for making any decision based on Information accessed on or through our website or in using any of our Services. You hereby agree to irrevocably release and waive any claims you may have now or in the future against us and we take no responsibility or liability whatsoever for any loss, damage or injury that may arise from any person acting on any statement or information contained in any Information, materials, or otherwise directly or indirectly through use of our Services and all such liabilities are expressly disclaimed.

 

 

GENERAL

 

We make no representations or warranties of any kind, express or implied, that the website services will meet your requirements or be available on an uninterrupted, secure or error-free basis. We will use our best endeavors to ensure the website is always available and virus free but from time-to-time, and in some instances, this may not be the case as it may be out of our immediate control. We will endeavor to notify you if the website becomes unavailable for any lengthy and unusual time period.

 

You agree and acknowledge that the website uses third party vendors and hosting partners to provide the necessary software, hardware, service and storage.

 

You agree you will not transmit any viruses, malware, worms, etc. of any kind and that you will not upload, post, host or transmit unsolicited material or messages to the website.

 

CANCELLATION, REFUND AND TERMINATION

 

TO CANCEL YOUR SUBSCRIPTION: You are solely responsible for cancelling your subscription through our website.

 

You may cancel your subscription at any time by logging into the website and visiting the subscriptions part of the account page at herasphere.net/account/?action=subscriptions.

 

If you cancel your subscription before the end of a billing period, the cancellation will become effective at the end of the current billing period. We will not refund any portion of subscription fees relating to periods after the date of cancellation. If you cancel your account you will not be able to access your subscription after the end of the current billing period.

 

If you complete the course until the end of the final billing period all Content that you have paid for will be available via your personal login until 3 months post your due date.

 

Notwithstanding anything to the contrary in these Terms, if within the first 4 weeks of your subscription you are dissatisfied with the Services, you may email us at [email protected] before the end of the current billing period to receive a full refund.

 

WE MAY TERMINATE YOUR SUBSCRIPTION AT ANY TIME: We have the right to terminate your subscription for any reason, at any time. You agree that we may, in our sole discretion, terminate or suspend your access to the website with or without notice and for any reason, including, without limitation, breach of these Terms. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to the appropriate law enforcement authorities.

 

Upon such termination, regardless of the reasons, your right to use the website immediately ceases and you acknowledge and agree we may immediately deactivate or delete your account and all related information and files. We may also bar you from any further access to our website. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.

 

We are not required to provide any refund or part thereof to you for such termination of your subscription. Any refund may be determined in our sole discretion.

 

MODIFICATION OF WEBSITE AND CONTENT

 

We reserve the right at any time and from time to time to remove, delete, alter or amend any Content, Services or the website. In particular, if we believe the Content to be inappropriate, potentially breach regulations, receive complaints or for any other reason and in our reasonable discretion, we may remove or modify Content at any time without notice. We shall not be liable to you or any third party for any modification when it is required.

 

We reserve the right to disclose your name and any other personal details to any law enforcement authority or other competent authority or to any person for the purpose of legal proceedings, prosecution, investigation or any breach, alleged breach of the law or these Terms.

 

LIABILITY

 

You agree and acknowledge that we are not liable for any direct, indirect, consequential or incidental loss or damage which may result from your use of our website, the Services or any information contained on it or linked to it. For the sake of clarity, in no event will we be liable for any consequential, indirect, incidental or special damages of any kind including any damages for loss of revenue, profits, interruption of business, loss or use of data even if the possibility of such loss was made known to us.

 

This limitation of liability clause includes any reliance by you on the information on the website, access to or inability to use the website. You assume all risk in using the Services and we cannot be liable for your use of or reliance on this Service. While we endeavor to keep the website up-to-date and correct, we make no representation or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Services for any particular purpose and provide it for your informational purposes and out of our own analysis.
You agree and acknowledge that any information provided on the website and through the Services is not professional advice. The information is provided as general guidance or background information on matters that may be of interest, You should not rely on the Information without obtaining appropriate professional advice. Any reliance you place on such information is therefore strictly at your own risk.

 

ACL: Certain legislation including the Australian Consumer Law (ACL) in the Consumer and Competition Act 2010 (Cth), and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to the provision of Services by us to you which cannot be excluded, restricted or modified (Statutory Rights).

 

Our liability is governed solely by the ACL and these Terms.  We exclude all conditions and warranties implied by custom, law or statute except for your Statutory Rights.

 

Except for your Statutory Rights, all goods and services are provided to you without warranties of any kind, either express or implied; and we expressly disclaim all warranties of any kind including but not limited to implied warranties of merchantability and fitness for a particular purpose.

 

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

 

 

INTELLECTUAL PROPERTY

 

All custom graphics, icons, logos and service names are registered trademarks, copyright, trade or service marks of Herasphere Pty Ltd.

 

All other trademarks or service marks within this website are the property of their respective owners. You own and retain ownership of all of your Content. Nothing in these Terms grants you any right to use any trademark, service mark, logo, and/or our name or any thing you access through our Services.

 

You agree and acknowledge that we retain all right, title and interest in the Services, including but not limited to the inventions and intellectual property rights contained or embodied within the Services.

 

You are solely responsible for obtaining written permission before re-using any copyrighted material that is available on this website. Any unauthorized use of the materials appearing on this website may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

 

GOVERNING LAW

 

These Terms of Use are governed by the laws of Western Australia which are in force from time to time and both you and we agree to submit to the exclusive jurisdiction of the Courts of Western Australia for determining any dispute concerning these Terms.

 

Please also read out Privacy Policy and our Disclaimer. General Terms not specific to Subscribers of the website can also be found at the Terms and Conditions page.