Terms and Conditions – Hypnobirthing Australia™ Affiliate Program

Hypnobubs Pty Ltd t/a Hypnobirthing Australia™ (“https://hypnobirthingaustralia.com.au”) owns and operates this Website.  This document governs your relationship with https://hypnobirthingaustralia.com.au (“Hypnobubs Pty Ltd t/a Hypnobirthing Australia™”, “we,” “our” or “us”).  Access to and use of this Website and the products and services available through this Website (collectively, the “Services”) are subject to the following terms, conditions and notices (the “Terms of Service”). By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.

Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.

This Website may contain links to other websites (the “Linked Sites”), which are not operated by https://hypnobirthingaustralia.com.au. https://hypnobirthingaustralia.com.au has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use and service contained within each such site.

Privacy Policy

Our privacy policy, which sets out how we will use your information, can be found at https://hypnobirthingaustralia.com.au/privacy-policy/. By using this Website, you consent to the processing described therein and warrant that all data provided by you is accurate.

Prohibitions

You must not misuse this Website. You will not: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as “spam”; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offense and https://hypnobirthingaustralia.com.au/shop/ will report any such breach to the relevant law enforcement authorities and disclose your identity to them.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.

Intellectual Property, Software and Content

The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remains the property of https://hypnobirthingaustralia.com.au or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by https://hypnobirthingaustralia.com.au and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.

Terms of Sale

Please refer to our Shipping and Delivery Policy which can be found at https://hypnobirthingaustralia.com.au/shipping-delivery-policy-hypnobirthing-australia-online-store/.

Please note that products listed on https://hypnobirthingaustralia.com.au Website are subject to change. https://hypnobirthingaustralia.com.au will make every effort to communicate any changes to you via email or notification via the Website. https://hypnobirthingaustralia.com.au encourages you to regularly check our website https://hypnobirthingaustralia.com.au/shop/ to ensure prices that you have advertised on your website via your affiliate link are correct at all times.

(a) Our Contract

When a customer places an order via your affiliate link, you will receive an acknowledgement e-mail confirming that an affiliate sale has been made via your affiliate link: this email will only be an acknowledgement and will not constitute acceptance of the order until the order has been processed. A contract between us will not be formed until we send the customer confirmation by e-mail that the goods which have been ordered have been dispatched. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed. https://hypnobirthingaustralia.com.au reserves the right to reject affiliate commission payment to an affiliate if it is established that Hypnobirthing Australia™ Affiliate Commission Terms and Conditions have been breached, or technology has been employed to misconceive a customer using your affiliate link.

(b) Pricing and Availability

Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods ordered by a customer via your affiliate link we reserve the right to inform the customer of this as soon as possible and give the customer the option of reconfirming their order at the correct price or cancelling it. If we are unable to contact the customer we will treat the order as cancelled. If your customer cancels an order and has already paid for the goods, the customer will receive a full refund. We reserve the right to amend to the correct amount any affiliate commission rate processed in error. This includes withdrawing affiliate commission processed on orders that have been refunded or cancelled.

Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the ‘Total Cost’. Any additional delivery charges will not form part of the affiliate’s payments.

(c) Payment

https://hypnobirthingaustralia.com.au affiliate system does not advise the details of each individual sale; however, you do receive a notification to say that someone has purchased using your affiliate link. You can check affiliate detail/sales in the affiliate section when you log in to the Affiliate Area of the Hypnobirthing Australia™ website. https://hypnobirthingaustralia.com.au affiliate commission is paid once a month via PayPal sent from Hypnobirthing Australia™ and you will receive an email from PayPal advising you that an affiliate payment has been made. It is your responsibility to claim the funds provided.

Disclaimer of Warranties and Limitation of Liability

Please refer to our website Terms and Conditions which can be found at https://hypnobirthingaustralia.com.au/terms-of-service/.

Linking to this Website

You may link to our home page, pages and products provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site. We reserve the right to withdraw linking permission without notice.

Intellectual Property Information

Please refer to Section 5 ‘Intellectual Property’ of our website Terms and Conditions which can be found at https://hypnobirthingaustralia.com.au/terms-of-service/.

Indemnity

You agree to indemnify, defend and hold harmless Hypnobubs Pty Ltd t/a Hypnobirthing Australia™ (https://hypnobirthingaustralia.com.au), its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Terms of Service.

Variation

https://hypnobirthingaustralia.com.au shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.

Invalidity

If any part of the Terms and Conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms and Conditions will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.

Complaints

We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.

If you notice that any user is violating these Terms of Use, please contact us at:

Hypnobirthing Australia

1606 Gold Coast Highway Burleigh Heads QLD 4220

ACN: 162637167

Ph: +61 7 5562 2292

Email: info@hypnobirthingaustralia.com.au

Waiver

If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

Entire Agreement

The above Terms and Conditions form part of our website Terms and Conditions which can be found at https://hypnobirthingaustralia.com.au/terms-of-service/ and constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and https://hypnobirthingaustralia.com.au. You acknowledge that you have read and are bound by the Terms, as well as any other usage agreements of Ours, including the Website Terms of Use that may govern your conduct. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of https://hypnobirthingaustralia.com.au.

Thank you for your interest in our https://hypnobirthingaustralia.com.au affiliate program. Please do not hesitate to contact us at info@hypnobirthingaustralia.com.au if you have any questions.

Last updated: 28 April 2022