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
You acknowledge and agree that when accessing the Mamamia Website or Mamamia Network, you will not, inter alia:
When posting, publishing, sharing or otherwise communicating Your Content or other content on the Mamamia Website or the Mamamia Network, you will not:
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:
You will not be involved in or contribute to, directly or indirectly, any conduct, activity, statement, accusation or claim that:
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.
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:
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.
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:
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:
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.
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:
You warrant and represent that:
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:
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):
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.
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:
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:
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.
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]