MPLUS TERMS OF USE AND MEMBERSHIP AGREEMENT

Welcome to the Mamamia premium subscription service (“MPlus”) and your MPlus membership (“Membership”). MPlus is operated by MAMAMIA.COM.AU PTY LTD (ACN 105 572 192) (collectively, “us”, “our” or “we”). By accessing or using MPlus, you agree to be legally bound by the following terms and conditions (“Terms of Use”).

In order to access and use MPlus, you must set up set up a “Membership Account” in accordance with the steps set out in section 1 of these Terms of Use. It is your responsibility to regularly check and/or review these Terms of Use and to decide whether you agree to abide by them and be bound by them. Please read these Terms of Use carefully as they detail your agreement with us as a paid member (collectively referred to as “you”, “your”). If you do not agree with any part of these Terms of Use you will not be permitted to set-up a Membership Account or use MPlus. We may change, modify, add or delete portions of the Terms of Use from time to time at our sole discretion and your continued use and membership to MPlus constitutes your acceptance of those changes.

1. Setting up your Membership Account

  • 1.1 In order to create a Membership Account, you will need to provide us certain personal information, including but not limited to, your name and your email address.
  • 1.2 You can set up your Membership Account by going to our “Sales Page” via mamamia.com.au/mplus and provide us with:
    • (i) Your first and last name;
    • (ii) Your email address and secure password;
    • (iii) An Australian postcode or selecting the box that says “I don’t live in Australia”;
    • (iv) Your preferred membership plan and payment details; and
    • (v) Acceptance of these Terms of Use and our Privacy Policy.
  • 1.3 You warrant that all information provided by you in relation to setting up your Membership Account is accurate, true and complete and you agree to notify us immediately in the event that any of the information you have provided us changes.
  • 1.4 Any personal information you provide us in setting up your Membership Account or throughout the course of your Membership to MPlus will be handled in accordance with our Privacy Policy available at https://www.mamamia.com.au/privacy-policy/.
  • 1.5 You acknowledge and agree that you will be responsible for maintaining the confidentiality of your Membership Account’s information identifiers (such as a password) and any account activities and you will notify us immediately if you become aware any unauthorised use of your password or account identifiers by others.

2. Use of MPlus and Prohibited Conduct:

  • 2.1 You are solely responsible for any content or information you provide us while using MPlus, including but not limited to photos, profiles (including your name, image and likeness), messages, comments, notes, text, website links, quotes, music, images, video, listings, and other content (“ Member Content ”) that you post, transmit, communicate, upload, distribute, store, create, use or otherwise publish or make available through MPlus (“ Share ”).
  • 2.2 Your Membership and use of MPlus is conditional upon your agreement to use MPlus for personal and non-commercial use only, and your agreement not to engage in any of the following "Prohibited Conduct”:
    • (i) Share any Member Content or any other content that we consider, at our sole discretion to be;
      • (a) an infringement of any of our rights or any rights of any third party, including copyright, trade marks, patent, trade secret or any other intellectual property or proprietary rights;
      • (b) commercial in nature or Shared in return for payment of any kind from any third party;
      • (c) nowingly incorrect, misleading or fraudulent;
      • (d) defamatory;
      • (e) harmful, threatening, abusive, or harassing;
      • (f) offensive, vulgar, obscene, hateful or racially, ethically or otherwise objectionable;
      • (g) personal information of any third party, including but not limited to addresses, phone numbers, email addresses and credit card numbers;
      • (h) invasive of privacy or publicity rights;
      • (i) financial, legal, medical or other professional advice; or
      • (j)otherwise inappropriate.
    • (ii) 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.
    • (iii) Share content that would constitute, encourage or provide instructions for a criminal offence, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law.
    • (iv) Share unsolicited emails, junk mail, spam, promotional materials or any other uninvited correspondence or form of solicitation to any third parties;
    • (v) Attempt to alter, change, modify, adapt, translate, edit or reverse engineer any element of MPlus or any content contained therein;
    • (vi) Share MPlus or any of the content contained therein in any manner that we may, in our sole discretion, consider unlawful or in any other manner that could damage, disable, overburden or impair MPlus;
    • (vii) Share MPlus or any of the 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;
    • (viii) Share MPlus 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; or
    • (ix) Use automated scripts to collect information from or otherwise interact with MPlus.
  • 2.3 We maintain the right to immediately terminate your Membership Account in the event that you engage in any of the above Prohibited Conduct.
  • 2.4 Whilst We take no responsibility and accept no liability for any Member Content or other content that may appear on or may be Shared via MPlus, we reserve the right to remove, delete, screen, edit and monitor any Member Content or content that is contributed to MPlus at our sole discretion.
  • 2.5 You are solely responsible at your sole cost and expense for creating backup copies and replacing any Member Content you Share on or provide to MPlus.

3. Payment

MPlus offers Annual Memberships and Monthly Memberships (“Membership Plans”). Fees payable for Membership Plans are available via mamamia.com.au/mplus

  • 3.1 We accept payment for the Membership Plans online via Stripe, Inc. (“Stripe”) subject to Stripe’s terms and conditions. We are not responsible for any losses, claims, damages or consequences due to Stripe’s terms and conditions or for any interruptions or delays in Stripe’s services or facilities.
  • 3.2 Your Membership Account will be activated upon full receipt of payment.
  • 3.3 You acknowledge and agree that Membership fees are non-refundable, unless a refund is required by law.
  • 3.4 Subject to the cancelation of your Membership Account (as elected by you) in accordance with section 5.1 below, you acknowledge and agree that your Membership will renew automatically, either:
    • (i) annually on the anniversary date that you created your Membership Account; or
    • (ii) on a month-to-month basis.
  • 3.5 Further to section 3.5 above, you acknowledge and agree that the fees payable for your Membership will be charged to the same credit card you provided on the date you created your Membership Account, unless you specify otherwise.
  • 3.6 You acknowledge and agree that Membership fees may change at any time and may be subject to tax, collected by us or via Stripe, through which you transact and are non-refundable except in the specific circumstances described in these Terms of Use.
  • 3.7 If for any reason, payment for your Membership Account is declined, we reserve the right to cancel your Membership and terminate Membership Account unless you provide us, via Stripe, with a valid form of payment

4. Annual Membership Gift Cards

  • 4.1 Gift cards are valid for 36 months from the date of purchase. Any unused balance must be redeemed by the recipient before the 36 month expiry date.
  • 4.2 Gift cards are valid for redemption for Annual Memberships only and may be purchased online.
  • 4.3 Gift cards are not redeemable for cash and cannot be exchanged for cash or resold for cash.
  • 4.4 Certain fees, such as GST and credit card fees, may apply when a gift card is purchased.
  • 4.5 To redeem your gift card online please enter the gift card number in the payment screen. To redeem your gift card over the phone please quote the gift card number to the customer service assistant prior to payment. 
  • 4.6 If the cost of an Annual Membership exceeds the redeemable value of the gift card, the redeemer will be required to pay the difference between the purchase price of an Annual Membership and the value of the gift card.
  • 4.7 If the cost of an Annual Membership is less than the redeemable value of the gift card, the remaining value of the gift card may be used towards your next Annual Membership in accordance with these Terms of Use.
  • 4.8 We may provide gift card purchasers with information about the redemption status of gift cards.
  • 4.9 We do not accept liability for lost or stolen gift cards. Please treat them as you would cash.
  • 4.10 We reserve to refuse redemption or terminate a Membership Account redeemed by a gift card if it suspects the gift card has been used contrary to these terms of use, fraudulently, or in an unauthorised or illegal manner.
  • 4.11 We will not refund gift card purchases (unless and to the extent required by law). Upon expiry of the gift card, any unused value remaining of the card cannot be claimed or refunded and will be forfeited.

5. Cancellation and Termination of your Membership and Membership Account

  • 5.1 You may cancel your Membership and terminate your Membership Account by providing us with a “Cancellation Notice”.
  • 5.2 You may provide us with a Cancellation Notice by logging on to your Membership Account and either:
    • (i) Clicking on the “My Membership” tab, selecting “Manage My Billing” and following the prompts available; or
    • (ii) Clicking on the “Settings Menu”, selecting “Billing” and following the prompts available.
  • 5.3 For the avoidance of doubt, cancellation becomes effective at the end of your current billing period
  • 5.4 You acknowledge and agree that we do not provide any options to suspend or pause your Membership or you Membership Account.
  • 5.5 If you elect to cancel your Membership and terminate your Membership Account, you acknowledge and agree that you will not receive a refund of any Membership fees that have since been paid prior to the time of your Cancellation Notice.
  • 5.6 Without limiting any other remedy that may be available to us, we reserve the right to terminate your Membership Account without notice if, in our sole discretion, you have breached any of the provisions of these Terms of Use including, but not limited to, any Prohibited Conduct set out in section 2 of these Terms of Use
  • 5.7 Without limiting any other remedy that may be available to us, we may terminate your Membership Account, without notice, in the event that we discontinue the provision of MPlus

6. Intellectual Property

  • 6.1 Nothing displayed on MPlus should be construed as granting any right of use in relation to any intellectual property displayed on MPlus without our express written consent.
  • 6.2 We grant to you a non-commercial, non-exclusive, non-transferable, revocable and limited licence to access and use MPlus only as permitted by these Terms of Use.
  • 6.3 In particular, you may not use any material on MPlus to establish, maintain or deliver, or assist in establishing, maintaining or delivering your own publications or content.
  • 6.4 You may not share Member Content or other content that you did not create or that you do not have permission to Share.
  • 6.5 Subject to the rights granted to us in these Terms of Use, you retain full ownership of all of your Member Content and any intellectual property rights or other proprietary rights associated with your Member Content. By submitting any Member Content or other content to MPlus, 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 that Member Content and/or content for any purpose and in any media existing now or in the future in connection with MPlus or otherwise.
  • 6.6 When you Share Member Content, you authorise us to make such copies thereof as we deem necessary in order to facilitate the storage and sharing of the Member Content on MPlus.
  • 6.7 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 any content or Member Content contributed by you to MPlus. To the extent that the foregoing waiver is not enforceable in any such jurisdiction, you unconditionally and irrevocably consent, for the benefit of MPlus and its nominated representatives, to any past, present and future doing of any act or omission in relation to any content or Member Content contributed by you to MPlus that may otherwise infringe or breach such rights.

7. Disclaimer

  • 7.1 You acknowledge and agree to use MPlus and your Membership Account at your own risk.
  • 7.2 To the extent permitted at law we exclude all conditions and warranties relating to your use of MPlus that are not expressly set out in these Terms of Use.
  • 7.3 Except where specifically set out on MPlus, all information and material is provided as general information only and should not be taken or relied upon as professional advice.
  • 7.4 We do not make any representations or warranty that any of the information or other content provided on MPlus is reliable or accurate or complete and we do not accept any liability arising from errors or omissions.
  • 7.5 We take no responsibility and accept no liability for any content or Member Content that is posted on or otherwise communicated to you via MPlus 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 our views. Posts from users may contain medical information that is incorrect or dangerous to you or your children. Please consult your doctor or other qualified professional before relying on information you find in the community areas.
  • 7.6 NOTWITHSTANDING ANYTHING IN THESE TERMS OF USE AND TO THE MAXIMUM EXTENT POSSIBLE AT LAW, WE EXCLUDE ALL LIABILITY:
    • (i) WHATSOEVER IN RELATION TO YOUR USE OF MPLUS OR ANY BREACH OF THESE TERMS OF USE;
    • (ii) ARISING FROM ANY CANCELLATION, MODIFICATION, ERROR OR INTERRUPTION IN MPLUS OR ITS SERVICES, WHETHER CAUSED BY US OR NOT;
    • (iii) ARISING FROM ANY DEFECT, CORRUPTION, ATTACK, VIRUS, TROJAN HORSE, INTERFERENCE, HACKING OR OTHER SECURITY OR TECHNICAL INTRUSION IN CONNECTION WITH MPLUS;
    • (iv) WHATSOEVER IN RELATION TO YOUR RELIANCE ON THE ACCURACY, COMPLETENESS OR PROFESSIONAL SOUNDNESS OF CONTENT MADE AVAILABLE ON MPLUS.

8. Liability and Indemnification

  • 8.1 Notwithstanding anything in these Terms of Use, you agree to indemnify us and hold us harmless against any direct or indirect damage, expense, loss, or cost arising from:
    • (i) your use of MPlus;
    • (ii) your breach of these Terms of Use and/or any warranty contained therein by you or your representative; or
    • (iii) your use of MPlus by you on behalf of any other person or provision of any information to any other person.
  • 8.2 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 (i) in relation to services, the re-supply of the service or the payment of the costs of having the service re-supplied; or (ii) 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.
  • 8.3 In no event will we be liable to you for any indirect, incidental, special and/or consequential losses or damage (including, but not limited to financial loss and/or loss of profits, revenue, goodwill, data or opportunity) of whatever nature howsoever arising in connection with MPlus.

9. Trade Promotions and Exclusive Membership Offers

  • 9.1 We may sometimes run trade promotions for MPlus members from time to time which will be subject to terms in addition to these Terms of Use.
  • 9.2 We may provide Members the chance to take advantage of exclusive membership offers, discounts or giveaways (“Exclusive Offers”) from time to time. You acknowledge that Members must be an Australian resident and have an Australian residential mailing address to qualify and take advantage of these Exclusive Offers.

10. Warranty

10.1 You warrant and represent:

  • (i) that you have full authority to enter into these Terms of Use;
  • (ii) that if you are under 18 years of age, you have first obtained consent from your parent or guardian to access and use MPlus;
  • (iii) that all Member Content and any other content posted by you on MPlus or communicated by you via MPlus is original to you and will not infringe any rights of any third parties, including, but not limited to infringement of copyright or infringement of moral rights; and
  • (iv) that no Member Content nor any other content posted by you on MPlus or communicated by you via MPlus is defamatory, abusive, harassing or an infringement on our rights or a third party’s rights.

11. Functionality

  • 11.1 MPlus may make some of its content available for sharing or embedding on third party sites. 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 MPlus.
  • 11.2 No rights whatsoever in any content are granted to you by virtue of the sharing and embedding functions of MPlus, 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. Members must display sufficient contact information on the relevant website to allow MPlus to make contact and/or request such removal. However, MPlus will not necessarily notify Members of the decision to delete or remove shared or embedded content.
  • 11.3 If a request is made to remove shared or embedded content from a third party website, the owner of that website must comply in a timely way, but in any case, within one business day of the request being made.
  • 11.4 MPlus does 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.

12. Links to Third-Party Websites

  • 12.1 From time to time MPlus will contain links to third party websites, which are entirely unrelated to MPlus, and any access or use by you of those third party websites is subject to the terms and conditions and privacy policies applicable to those third-party websites.
  • 12.2 From time to time MPlus may display third party advertising. By displaying such advertising, we do not in any way represent that we endorse the relevant advertisement, its products, events or services, unless expressly stated.
  • 12.3 MPlus does not accept responsibility in connection with any third party website, or any third party advertising, product, event or services, whether endorsed by MPlus or not. Your engagement with such third party websites or advertised products, events or services is entirely at your own risk.
  • 12.4 MPlus does not accept any responsibility for any communications or transactions between you and a third party using MPlus functionality or for your participation in a third party’s event, competition or activity.

13. Severability

  • 13.1 In the event that any clause or part of a clause is held to be unenforceable, that clause or part of a clause will be severed, and the remaining provisions will remain in full force and effect.

14. Entire Agreement

  • 14.1 These Terms of Use constitute the entire agreement between you and us, and do not create any relationship of agency, trust or attorney between any persons.

15. No Waiver

  • 15.1 No waiver of any provision of these Terms of Use will be effective unless agreed in writing between the parties.

16. Governing Law

  • 16.1 These Terms of Use are governed by the laws of New South Wales and you hereby submit to the non-exclusive jurisdiction of the courts of New South Wales and any courts that may hear appeals from those courts in respect of any proceedings in connection with these Terms of Use.

17. Contacting us

  • 17.1 If you have any concerns or complaints about these Terms of Use or you think that MPlus has been accessed or used by another user in breach of the Terms of Use, please email us at [email protected] and we’ll consider your points and determine whether there are grounds for removing the content or taking any other action. Please note that we will not necessarily contact you about our decision.

18. Intellectual Property Infringement Notification

  • 18.1 If you have a copyright infringement notification that you wish to make us aware of, you will need to identify the material/s that you believe infringe/s your copyright, identify the protected copyright work, identify how the protected copyright work has been or is being infringed and include your contact information. You will need to sign the notice and send it to [email protected]