Terms of Service

Mamamia.com.au Pty Ltd will be referred to as “Mamamia”, “we”, “our” and “us” in these Terms of Service (“Terms of Service”). The term “you” refers to the user or viewer of our website mamamia.com.au (“Mamamia Website”). By using the Mamamia Website, you agree to the Terms of Service of this which are set out on this page.

These Terms of Service govern your registration with Mamamia and the services that we provide when you access, use and/or sign up to the Mamamia Website or other online or in-person platforms, channels, forums or events (“Mamamia Network”).

We reserve the right, at our discretion, to modify or remove portions of our Terms of Service at any time and such modification shall be effective immediately upon posting of the modified Terms of Service.

Acceptance of Terms

  • By accessing, using and/or signing up to the Mamamia Website, you acknowledge that you have understood these Terms of Service and you agree to be legally bound by these Terms of Service.
  • If you do not agree with any part of these Terms of Service you should not access, use or sign up to the Mamamia Website.

Prohibited Conduct

You acknowledge and agree that when accessing the Mamamia Website or Mamamia Network, you will not, inter alia:

  • access the Mamamia Website or Mamamia Network in breach of any applicable laws or regulations or these Terms of Service;
  • use the Mamamia Website or Mamamia Network to transmit (or permit transmission of) unsolicited emails, junk mail, spam, promotional materials or any other uninvited correspondence or form of solicitation to any third parties, including other members of the Mamamia Network;
  • attempt to alter, change, modify, adapt, translate, edit or reverse engineer any element of the Mamamia Website, Mamamia Network, or any other content contained therein;
  • use or incorporate the Mamamia Website, the Mamamia Network or any other content contained therein, on any other website or other media without our prior written consent or the prior written consent of the relevant third party that owns or controls the content contained therein;
  • use the the Mamamia Website, Mamamia Network or any other content contained therein, in any manner that we may, in our sole discretion, consider unlawful, fraudulent, misleading, deceitful, harmful, threatening, abusive, harassing, intimidating, tortious, defamatory, discriminatory, hateful, offensive, pornographic, indecent, obscene, vulgar, inflammatory or in any other way objectionable or inappropriate;
  • use the Mamamia Website, the Mamamia Network, or any other content contained therein in any manner that may, in any manner, damage, disable, overburden or impair the Mamamia Website or Mamamia Network;
  • use the Mamamia Website, Mamamia Network or any other content contained therein in any way that we may, in our sole discretion, consider to be an infringement of any of our rights or any rights of any third parties;
  • use the Mamamia Website or the Mamamia Network to solicit, harvest or collect any personal information, including, but not limited to usernames and passwords from any third parties by electronic or other means, with that parties express and informed consent or approval; or
  • use automated scripts to collect information from or otherwise interact with the Mamamia Website or Mamamia Network.

When posting, publishing, sharing or otherwise communicating Your Content or other content on the Mamamia Website or the Mamamia Network, you will not:

  • infringe our rights or the rights of any third party, including in relation to copyright, trade mark, patent, trade secret or any other intellectual property or proprietary rights;
  • use or communicate content that is unlawful, fraudulent, misleading, deceitful, harmful, threatening, abusive, harassing, intimidating, tortious, defamatory, discriminatory, hateful, offensive, pornographic, indecent, obscene, vulgar, inflammatory or in any other way objectionable or inappropriate;
  • harass, degrade, intimidate or otherwise target an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;
  • use or communicate information that may identify an individual without that person’s express and informed consent;
  • use or communicate information that may constitute or include information about an investment proposal or a pyramid scheme, and
  • use or communicate information about or on behalf of any other person or entity without their express, informed consent;
  • use or communicate information that misrepresents your affiliation with us or any third party;
  • use or communicate information that constitutes financial, legal, medical or other professional advice;
  • contact other users directly without their express consent.

You agree that you will not use the Mamamia Website or the Mamamia Network, for any other purpose other than its intended purpose, including, but not limited to:

  • use of the Mamamia Website and Mamamia Network for any non-approved commercial purposes;
  • the distribution of unsolicited commercial messages;
  • the sale of access to the Mamamia Website or the Mamamia Network;
  • the use of the Mamamia Website or Mamamia Network for gaining advertising or subscription revenue without approval;
  • the sale of advertising on the Mamamia Website, the Mamamia Network or any third party website without approval; and
  • use of the Mamamia Website, the Mamamia Network, or related resources for the purposes of competing with or displacing the market for the Mamamia brand.

You will not be involved in or contribute to, directly or indirectly, any conduct, activity, statement, accusation or claim that:

  • may harm, disparage, damage or diminish the reputation of the Mamamia brand including but not limited to the Mamamia website and the Mamamia Network, or any other person or participant associated with the Mamamia Website or the Mamamia Network;
  • brings Mamamia, the Mamamia Website, the Mamamia Network, our clients, affiliates, employees, contractors or assigns into public disrepute; or
  • defames Mamamia, our clients, affiliates, employees, contractors or assigns.

You agree to comply with any applicable “house rules” on the Mamamia Website or on any other platform in the Mamamia Network, and you will be respectful, professional and courteous at all times during the course of your engagement with other users on the Mamamia Website and the Mamamia Network.

You must not share any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.

You must not share content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law.

Your Content

You are solely responsible for Your Content, including without limitation any photographs, profiles, messages, comments, notes, text, website links, quotes, music, images, videos, audio, listings, or other content that you post, transmit, communicate, upload, distribute, store, create, publish, make available or otherwise share through the Mamamia Website or the Mamamia Network.

By sharing Your Content, you automatically grant, and you represent and warrant that you have the right to grant, to us a perpetual, worldwide, non-exclusive, royalty-free, sub-licensable and transferable licence and right to use, distribute, copy, display, modify, translate, edit, exploit and commercialise Your Content for any purpose and in any media existing now or in the future in connection with Mamamia, the Mamamia Website or the Mamamia Network.

When you share Your Content, you authorise us to make such copies thereof as we deem necessary in order to facilitate the storage and sharing of Your Content on the Mamamia Website and the Mamamia Network.

Subject to the rights granted to us under these Terms of Service, you retain full ownership of all of Your Content and any intellectual property rights or other proprietary rights associated with Your Content.

You acknowledge and agree that when you post, publish, share or otherwise communicate Your Content via the Mamamia Website, the Mamamia Network or on any public platform associated with the Mamamia, the Mamamia website or the Mamamia Network, all other members or persons with access to the Mamamia Network will be able to access, view and respond to Your Content.

Whilst we take no responsibility and accept no liability for Your Content or other content that may appear on or may be communicated via the Mamamia Website or Mamamia Network, we reserve the right to:

  • Monitor your use of the Mamamia Website and Mamamia Network; and
  • review, screen, monitor, remove, delete, edit reformat, reject or modify Your Content on the Mamamia Website or Mamamia Network, at our sole discretion.

You must not share information, content or materials that you did not create or that you do not have explicit permission to share or disclose on the Mamamia Website or the Mamamia Network.

You are solely responsible at your sole cost and expense for creating backup copies and replacing Your Content.You waive all moral rights or other similar rights that you may be entitled to under the laws of any and all jurisdictions throughout the world in perpetuity in Your Content or any content contributed by you to the Mamamia Website or the Mamamia Network. To the extent that the foregoing waiver is not enforceable in any such jurisdiction, you unconditionally and irrevocably consent, for the benefit of us, the Mamamia Website, the Mamamia Network and its nominated representatives, to any past, present and future doing of any act or omission in relation to Your Content or any content contributed by you to the Mamamia Website or Mamamia Network that may otherwise infringe or breach such rights.

Intellectual Property

We are the sole and exclusive owner of the Mamamia website, including, but not limited to written content, visual or interactive elements, graphics, design, code, audio or video recordings, models, software, reports, copyrights, trade marks, logos, trade names, and other intellectual property rights throughout the world.

Except as expressly set out in these Terms of Service, you do not have any rights, title or interest, including, but not limited to copyright, in or to any of the Mamamia Website or any content or information shared by us or a third party via the Mamamia Network.

Nothing in connection with the Mamamia Website or the Mamamia Network should be construed as granting any right of use in relation to any intellectual property owned by us.

We grant to you a non-commercial, non-exclusive, non-transferable, revocable and limited licence to access and use the Mamamia Website for general information purposes only. You may browse or print the Mamamia Website for general information purposes, but you may not reproduce, exploit or use it for any other purpose, without obtaining the express, written consent of Mamamia.com.au Pty Ltd.

For the avoidance of doubt, you may not use, reproduce, modify or otherwise exploit any part of the Mamamia Website or any content communicated by us in connection with the Mamamia Network to establish, develop, create, maintain or deliver, or assist in establishing, maintaining or delivering your own website or network.

The trademarks, logos, and service marks displayed in connection with the Mamamia Website, the Mamamia Network are the registered or unregistered trademarks of Mamamia. You may not use, reproduce, modify or otherwise exploit our trademarks, whether registered or unregistered, in connection with any product or service, without our express, written consent.

You may not use the Mamamia Website, any content shared via the Mamamia Network, or our trademarks, logos, and service marks in any manner that may mislead or deceive the public or cause confusion amongst consumers.

If we make content available for sharing or embedding on third party sites, the following terms will apply:

  • such content may not be used for commercial purposes except with our prior written consent, and content may only be shared or embedded in accordance with the functionality made available through the Mamamia Website and the Mamamia Network;
  • no rights whatsoever in any content are granted to you by virtue of our sharing and embedding functions, and we reserve all rights in relation to the content, including the right to delete or remove or to require users to delete or remove shared or embedded content for any reason in our absolute discretion;
  • notwithstanding the terms of this Section, we will not necessarily notify you of the decision to delete or remove shared or embedded content;
  • you must display sufficient contact information in order to allow us to make contact or request such removal;
  • if a request is made for you to remove shared or embedded content from your website, platform or application, you must comply promptly, but in any case within one business day of the request being made; and
  • we do not make any warranty, representation or guarantee as to the availability or any quality of service of embedding functionality and may disable the functionality without notice.
  • To the extent that we have a right to seek a legal remedy in connection with this Section, you agree that we will have a right to injunctive relief.

Signing up

  • In order to access the Mamamia login site, to engage with the Mamamia Network and its services, to engage with other Mamamia users, you must register to become a member by creating a user account (“User Account”) and making a payment specified on the page of the Mamamia Website in accordance with the Payments section.
  • In order to create a User Account you will need to provide certain information to us, that is to be able to personally identify you, including but not limited to, your name and your email address.
  • You must be at least eighteen years old to sign up to the Mamamia Website.
  • You warrant that all information provided by you is accurate, complete, true and up to date and you agree to notify us immediately in the event that any of your personal information or contact details change.
  • Our use of the personal information provided by you is governed by our Privacy Policy available at www.mamamia.com.au/privacy-policy/.
  • You acknowledge and agree that we may conduct enquiries or request further information, including a form of identification, at our entire discretion in order to verify your identity.
  • You agree not to create more than one User Account without our express, written permission.
  • You agree not to create User Accounts for any person or entity that is not you or that is not owned or controlled by you, without our express, written permission.
  • You will not seek to pass yourself off as another user or person.
  • You agree not to do anything which would assist a third party who is not a registered user to gain access to any restricted area of the Mamamia Network or to Confidential Information (defined below).
  • You agree that you are responsible for maintaining the protection and confidentiality of your User Account information, such as account identifiers, your password and your account activities.
  • You will notify us immediately if you become aware of any unauthorised use of your password or account identifiers by others, or if your password is lost or becomes known to any other person.
  • You agree that information that you provide to us, post, share or otherwise communicate in the course of your engagement with the Mamamia Network will be licensed to us in accordance with the Your Content section of these Terms of Service.

Payments

You agree to pay all fees payable in connection with a service, product and offering purchased through the Mamamia Website or the Mamamia Network at the time of purchase (“Fees”). The Fees payable under this Section are in Australian dollars unless otherwise specified.

Other services, products and offerings may become available to registered members through the Mamamia Network from time to time, and all fees payable in relation to those services, products and offerings will be payable in accordance with these Terms of Service.

We accept payment for online purchases by Stripe. Payments via Stripe are subject to Stripe’s Terms of Service. We are not responsible for any interruptions, disruptions or delays in these services or facilities. Where a third party agent or entity collects or debits the Fees on our behalf, you affirm that the above undertakings and representations are applicable in relation to that third party.

You undertake and warrant that:

  • all information that you have provided for the purpose of signing up to the Mamamia Website is correct and not misleading;
  • you are fully entitled to use the payment card or account that you use to make payments; and
  • you have sufficient funds in your payment card or account to cover the Fees or any fees payable in accordance with this Section.

We will take all reasonable steps to ensure or procure that all personal information in connection with billing is protected or encrypted, but to the extent permitted at law, we make no warranty about the reliability, completeness or fitness for purpose of any encryption or storage system used.

Other than as required by the Competition and Consumer Act 2010 (Cth), you acknowledge that we do not provide refunds for any Fees paid by you in connection with services rendered by us, including without limitation where you have been provided with access to the Mamamia Website or the Mamamia Network, whether or not you have accessed them.

We reserve the right to suspend or terminate your access to the User Account if you fail to pay the Fees.

No Endorsement

  • Access to the Mamamia Website or the Mamamia Network or the successful registration of your User Account, does not amount to our endorsement of Your Content.
  • From time to time we may provide links to party websites or online applications which are entirely unrelated to Mamamia or the Mamamia Network, and any access or use by you of those third party websites or services is subject to the Terms of Service and privacy policies applicable to those third party websites or services.
  • From time to time we may undertake third party advertising, or provide testimonials or statements in relation to third party websites, services, events or products. By displaying such advertising, testimonials or statements, we do not in any way represent that we endorse the relevant advertisement, its products, events or services, unless expressly stated in the advertising, testimonial or statement.
  • We may, from time to time, receive certain benefits or compensation in connection with advertising or making testimonials, statements or recommendations relating to a third party website, service, event or product. We will use reasonable efforts to disclose all paid or sponsored advertising, but you acknowledge and agree that you engage with third parties at your own risk and are solely responsible for your engagement with third party websites, services, events or products.
  • For the avoidance of doubt, we do not accept any responsibility in connection with your engagement with or use of any third party websites, services, events or products, whether endorsed by us or not.
  • Your engagement with third parties via the Mamamia Website or the Mamamia Network is entirely at your own risk. We do not accept any responsibility for any communications or transactions between you and a third party using the Mamamia Website, the Mamamia Network or for your participation in a third party’s event, competition or activity, whether access is via the Mamamia Website, the Mamamia Network or not.

Confidential Information

For the purpose of these Terms of Service, “Confidential Information” means information that is not disclosed to the public, including without limitation, sensitive information about a party’s financial affairs, business plans, clients, works in progress, products or services.

You agree not to disclose or use any Confidential Information received by you in relation to the Mamamia Website or the Mamamia Network, without our express written permission, except:

  • as required by law, upon providing notice to us of such disclosure; or
  • to solicitors or other professional advisers to obtain advice.
  • You agree not to disclose or use the Confidential Information of any person or third party received as a result of your engagement with the Mamamia Website or Mamamia Network, without the prior written permission of that third party, except:
  • as required by law, upon providing notice to us of such disclosure; or
  • to solicitors or other professional advisers to obtain advice.
  • You agree that the Mamamia Website contains our confidential and proprietary information and must not be shared or disclosed outside of the Mamamia Network or your User Account, or to any person that does not have a User Account that permits them to access the Mamamia Network.
  • You agree that the testimonials, statements and experiences of other User Accounts constitutes Confidential Information and should not be disclosed without our express, written consent and the relevant person’s express, written permission.
  • To the extent that we have a right to seek a legal remedy in connection with this Section, you agree that we will have a right to injunctive relief.

Warranty

You warrant and represent that:

  • you have full authority to enter into these Terms of Service;
  • you are at least 18 years of age or older;
  • all Your Content is original to you and will not infringe any rights of any third parties, including, but not limited to copyrights and moral rights; and
  • your Content does not breach these Terms of Service;
  • Your Content is not defamatory, abusive, harassing or an infringement on our rights or the rights of third parties;
  • you have the right to use Your Content and grant us a licence in relation to Your Content in accordance with the Your Content Section of these Terms of Service.
  • you will not make any statement within or outside of the Mamamia Network, that brings Mamamia Website, the Mamamia Network, our clients, affiliates, employees, contractors or assigns into public disrepute;
  • you are not otherwise involved in and have not contributed to, directly or indirectly, any conduct, activity, statements accusation or claims that are prohibited under the Prohibited Conduct section; and
  • to the extent that you have any rights to seek a remedy in the event of a breach of these Terms of Service by us, your sole remedy will be an action at law for damages and you will in no event have a right to injunctive relief; and
  • you consider the Terms of Service of these Terms of Service to be reasonable and appropriate in light of each party’s interests.
  • We warrant and represent that:
  • we have full authority to enter into these Terms of Service;
  • all Mamamia Website are original to us or are properly licensed to us;
  • the Mamamia Website is not defamatory, abusive, harassing or an infringement on your rights or the rights of third parties; and
  • we will not make any statement within or outside of the Mamamia Network, that brings you, your business, your clients, affiliates, employees, contractors or assigns into public disrepute.

Suspension or termination

Without limiting any other remedy that may be available to us, we reserve the right to suspend or terminate your User Account and your access to the Mamamia Website and the Mamamia Network without notice if, in our sole discretion:

  • you have breached any of the provisions of these Terms of Service;
  • you have breached or violated any laws, rules, regulations, guidelines or third party arrangements in connection with the Mamamia Website or the Mamamia Network;
  • a failure by you to satisfy any eligibility or quality criteria required under these Terms of Service or communicated by us from time to time in order to maintain a User Account;
  • we are of the opinion that discontinuing or terminating your access to the Mamamia Website or Mamamia Network is reasonably necessary to protect the personal safety or property of us, our directors, employees, assigns or third parties members; and
  • allegations or charges are made against you in relation to any fraudulent or illegal activities.

We may discontinue, temporarily or permanently, the Mamamia Website or the Mamamia Network (or any part thereof) or terminate, suspend or limit your access to your User Account, with or without notice, for any of the following reasons (which are not intended to be exclusive):

  • a request by you;
  • requests by law enforcement or other government agencies;
  • discontinuance or material modification to the Mamamia Website or Mamamia Network (or any part thereof);
  • technical or security issues or problems; and
  • maintenance periods; or
  • extended periods of inactivity.

Where appropriate we will give you the opportunity to rectify or resolve any breach or issue before suspending, terminating or limiting your User Account or your access to the Mamamia Website or Mamamia Network, but you acknowledge and agree that if your breach is material or is incapable of being rectified or resolved, we may suspend, terminate or limit your User Account or your access to the Mamamia Website or Mamamia Network with immediate effect.

We may (but are not obligated to) investigate your access, use or engagement on your User Account and the Mamamia Website as we deem appropriate and without notice to you, to ensure compliance with any applicable law, regulation, government request or legal process.

We may store, keep or disclose any information that we collect about you (including personal information) in order to investigate compliance with the Terms of Service or for the purposes of any claim against you, police investigation or governmental request.

On suspension, termination or limitation of your User Account, you may not register a new User Account or access the Mamamia Website or the Mamamia Network through another member’s User Account.

You agree that all terminations for cause shall be made at our sole discretion, and we shall not be liable to you or any third party for any termination of your User Account, your access to the Mamamia Website or Mamamia Network.

Disclaimer

You access the Mamamia Website and use the Mamamia Network at your own risk.

To the extent permitted at law we exclude all conditions and warranties relating to your access to and use of the Mamamia Network that are not expressly set out in these Terms of Service.

We take no responsibility and accept no liability for any content that is posted on or otherwise communicated to you via the Mamamia Network by any other user, member or third party. The information posted in our comments, including advice and opinions, is the responsibility of those members who create the posts and do not necessarily reflect the views of us, our directors, employees or assigns. Posts from users may contain information that is incorrect or dangerous. Please consult a qualified professional before relying on information you find in the Mamamia Network.

NOTWITHSTANDING ANYTHING IN THESE TERMS OF SERVICE AND TO THE MAXIMUM EXTENT POSSIBLE AT LAW, WE EXCLUDE ALL LIABILITY:

  • WHATSOEVER IN RELATION TO YOUR USE OF THE MAMAMIA WEBSITE, MAMAMIA NETWORK AND IN PARTICULAR, THE MAMAMIA WEBSITE, OR ANY BREACH OF THESE TERMS OF SERVICE;
  • ARISING FROM ANY CANCELLATION, MODIFICATION, ERROR OR INTERRUPTION ON THE MAMAMIA WEBSITE, MAMAMIA NETWORK OR ITS SERVICES, WHETHER CAUSED BY US OR NOT;
  • ARISING FROM ANY DEFECT, FAILURE TO CORRECT DEFECTS, CORRUPTION, ATTACK, VIRUS, TROJAN HORSE, INTERFERENCE, OMISSION, DELAY IN OPERATION OR TRANSMISSION, FAILURE OF PERFORMANCE, DELETION, HACKING OR OTHER SECURITY OR TECHNICAL INTRUSION IN CONNECTION WITH THE MAMAMIA WEBSITE OR MAMAMIA NETWORK;
  • WHATSOEVER IN RELATION TO YOUR RELIANCE ON THE ACCURACY, SUITABILITY, COMPLETENESS, PROFESSIONAL SOUNDNESS OR CURRENCY OF INFORMATION, PRODUCTS OR SERVICES PROVIDED BY US AND IN PARTICULAR, IN RELATION TO THE MAMAMIA WEBSITE; AND
  • ARISING FROM UNLAWFUL THIRD PARTY CONDUCT, THEFT, UNAUTHORISED ACCESS, DESTRUCTION, ALTERATION OR UNAUTHORISED ACCESS TO YOUR CONTENT, THE USE OF CREDIT CARD OR OTHER FINANCIAL INFORMATION, FAILURE OR DELAY IN COMPLETING A TRANSACTION, OR OTHER LOSS OR DAMAGE ARISING FROM ANY TRANSACTION MADE OR ATTEMPTED IN CONNECTION WITH THE MAMAMIA WEBSITE OR MAMAMIA NETWORK.

Liability and Indemnity

Notwithstanding anything in these Terms of Service, you agree to indemnify us and hold us harmless against any direct or indirect damage, expense, loss, or cost arising from your use of the Mamamia Network or your breach of these Terms of Service or any warranty included herein.

To the extent that our liability for breach of any implied warranty or term cannot be excluded by law, our liability will be limited, at our option, to:

  • in relation to services, the re-supply of the service or the payment of the costs of having the service re-supplied; or
  • in relation to goods, the replacement of the goods, supply of equivalent goods, repair of the goods, payment of the cost of having the goods replaced or payment of the cost of having the goods repaired.
  • In no event will we be liable to you for any indirect, incidental, special or consequential losses or damage, including, but not limited to financial loss, loss of profits, revenue, goodwill, data, opportunity of whatever nature, or the cost of procurement of substitute products or services, howsoever arising in connection with your access to or reliance upon the Mamamia Website or the Mamamia Network.

Miscellaneous

These Terms of Service constitute the entire agreement between you and us regarding your registration to the Mamamia Website and access to the Mamamia Network.

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

The headings and section titles in these Terms of Service are for convenience only and have no legal or contractual effect.

You may not assign, transfer or otherwise sublicense your rights under these Terms of Service.

These Terms of Service shall operate to the fullest extent permissible at law. If any provision or provisions of these Terms of Service are determined to be unlawful, void or unenforceable, that provision shall be deemed to be severable from these Terms of Service, and shall not be deemed to affect the validity or enforceability of any remaining provisions.

These Terms of Service shall be governed and interpreted in accordance with the laws of New South Wales, Australia, and the parties hereby agree and submit to the exclusive jurisdiction of the Courts of New South Wales.

Contacting us

All notices for any communications relating to these Terms of Service should be sent to Mamamia, Level 18, 100 William Street, Woolloomooloo NSW 2011 or email [email protected]

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