WEBSITE DISCLAIMER
Our Website and Products have been compiled for inspirational and informational purposes only as a tool for consultation with your appropriate medical team and does not replace individual medical advice. It also does not take into account differing medical advice and protocols at different clinics or countries, nor is it intended to diagnose, treat or replace your own individual professional medical treatment, including support for significant mental illness. It is also not intended to be an exhaustive or complete list as new research and methods come to light. We assume no responsibility or liability for any consequence resulting directly or indirectly from any action or inaction you take based on the information found in this list. Our site and products do not guarantee a pregnancy outcome or natural pregnancy.
We encourage users to seek the guidance of their Doctor or other qualified health professionals with any questions regarding health or medical conditions. You will not receive any individual coaching or consultation as part of this purchase. Please see below for full terms and conditions.
PROGRAM TERMS
TERMS OF PARTICIPATION
Please READ carefully. By purchasing this product, the following Terms and Conditions are entered into by The B Collective Pty Ltd (“Company”, “we”, or “us”) and You (“Client” or “You”) agree to the follow terms stated herein.
PROGRAM/SERVICE
The B Collective Pty Ltd.(herein referred to as “The B Collective” or “Company”) agrees to provide Program, “Mind Body Fertility Reset” (herein referred to as “Program”) identified in online commerce shopping cart. As a condition of participating in the Program, you agree to be bound by and to abide by all policies and procedures set out in this Agreement, including those incorporated by reference.
As part of the Program, the Company shall provide the following to Client:
A Password Protected Program Area: The Company shall maintain a Program Area that will include video, audio and written lessons, templates, worksheets, checklists, slide decks and other training and support information. You shall have access to this Program Area for as long as the Program Area exists, however no less than 120 days. In the event that The B Collective intends to close the Program Area, it shall provide clients with a 30 day notice and the ability to download the core resources contained in the Program Area.
From time to time, the Company will offer bonuses to individuals who sign up for the Program. You shall be entitled to any bonuses offered to you at the time of your enrollment. Bonuses are not guaranteed to be available for the entire lifespan of the program and they vary depending on specific live and automated promotions throughout the year.
The Closed “Students Only” Facebook Groups fall under this bonus category. This group is a “community ran group” meaning that students are encouraged to help each other. You shall have access to this closed Facebook Group area for as long as the closed Facebook Group Area exists, however no less than 120 days. In the event that Company intends to close the closed Facebook Group Area, it shall provide clients with a 30 day notice.
DISCLAIMER
The Company’s Terms of Use, Privacy Policy, and Disclaimer are hereby incorporated by reference into this agreement. Except as modified by this Agreement, each of those agreements and policies shall apply fully to your participation in the Program.
Client understands Robyn Birkin (herein referred to as “Consultant”) and The B Collective Pty Ltd, is not an employee, agent, lawyer, doctor, manager, therapist, public relations or business manager, registered dietician, or financial analyst, psychotherapist or accountant. Client understands that Consultant has not promised, shall not be obligated to and will not; (1) treat or diagnose any medical conditions; (2) Liaise with other practitioners, including by not limited to Client Fertility Specialist, OBGYN, Dietician, Therapist or significant others; (3) act as a therapist providing psychoanalysis, psychological counseling or behavioral therapy; (4) Provide custom recipes, meal plans, meditations or programs (5) provide personal consultations or advice; (6) provide full access to Consultants program suite or offerings.
Our site and Programs are not designed as a substitute for proper and professional medical care, treatment and diagnosis, including support for significant mental illness. They are provided for inspirational purposes only and do not guarantee a pregnancy outcome or natural pregnancy – there are some conditions that are very serious and you should always consult your professional medical team. The Mind Body Fertility Reset is an additional support resource and is not a substitute for professional 1:1 therapy or treatment.
When you choose to use our Site or purchase one of our programs, you acknowledge and agree that this is your choice and sole responsibility. It is your responsibility to research the accuracy and suitability of the information found on this website.
Our recipes are not formulated to account for any nutritional deficiencies, food related problems or specific conditions.
Any exercise classes found within our Programs are not designed for specific conditions, and women should take care to check with their medical practitioner regarding safe exercise regimes during fertility treatments, as there may be some times (such as in preparation for an egg retrieval) when exercise carries risks such as ovarian torsion. Clients should also accept the risk of physical injury within our programs, as with any exercise program, that may occur through, for example incorrect usage of techniques or equipment, frustration or fatigue.
MEMBERSHIP
You must make payment before gaining access to the program. Payment is available through Paypal or via credit card and we will email you your login details once payment has been made.
You can choose whether you’d like to become a monthly or annual member and payments will be automatically deducted on the same day each month or year. Your membership will auto-renew unless you cancel your membership in advance.
These prices are inclusive of Australian Goods and Services Tax of 10%
Regarding recurring payments and outstanding invoices: If all eligible payment methods we have on file for you are declined for payment of your monthly fee, you must provide a new eligible payment method promptly or your program access will be removed.
If you do not request a refund within the terms of the program with the required coursework at the time of your refund request, you are required by law to complete the remaining payments of your payment plan and you understand that your membership will automatically continue and you authorize us (without notice to you, unless required by applicable law) to collect any and all outstanding receivables, using any eligible payment method we have on record for your account.
REFUND POLICY
We want you to be satisfied with your purchase, but we also want you to give your best effort to apply all of the strategies in the course. The Company provides a 14-day money-back guarantee for the Membership. That money-back guarantee is governed by the following terms.
In the event that you decide your purchase was not the right decision, within 14 days of enrollment, contact our support team at hello@robynbirkin.com and let us know you’d like a refund by the 14th day at 11:59 AWST.
We will NOT provide refunds more than 14 days following the date of purchase. After day 14, all payments are non-refundable and you are responsible for full payment of the fees for the program regardless if you complete the program.
Upon determining that you are entitled to a refund pursuant to this policy, the Company will promptly issue an instruction to its payment processor to issue the refund. The Company does not control its payment processor and will not be able to expedite any refunds.
If you receive a refund of any purchase through this money-back guarantee, that shall immediately terminate any and all licenses granted you to use the material provided to you under this Agreement and the Company’s Terms of Use. You shall immediately cease using the material and shall destroy all copies of the information provided to you, including without limitation: video recordings, audio recordings, forms, template documents, slide shows, membership areas, social media groups limited to paying members, and other resources.
All refunds are discretionary as determined by The B Collective Pty Ltd.. To further clarify, we will not provide refunds after the 14th day from your date of purchase and all payments must be made on a timely basis. If payments are not made on time, you agree to pay interest on all past-due sums at a rate of 1.5% per month or the highest rate allowed by law, whichever is greater.
If you have any questions or problems, please let us know by contacting our support team directly. The support desk can be reached at: support@robynbirkin.com
CONFIDENTIALITY
The Company respects the privacy of its Participants and will not disclose any information You provide except as set forth in this Agreement. As a condition of participating in the Program, you hereby agree to respect the privacy of other Program participants and to respect the Company’s confidential information.
Specifically, you shall not share any information provided by other Program participants outside of the bounds of the Program unless you receive express written permission from such other participant to share the information. Similarly, the content of the Program contains the Company’s proprietary methods, processes, forms, templates, and other information. You hereby agree not to share the information provided to You in the Program with anyone other than the Company, it’s owners and employees, and other Program participants.
NO TRANSFER OF INTELLECTUAL PROPERTY
All content included as part of the Program, such as text, graphics, logos, images, as well as the compilation thereof, and any software used in the Program, is the property of the Company or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights.
The Company name, the Company logo, the Company slogan, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans in the Program are the trademarks of their respective owners.
Your participation in the Program does not result in a transfer of any intellectual property to You, and, as a condition of participation in the Program, You agree to observe and abide by all copyright and other intellectual property protection.
You are granted a single-use, non-exclusive, non-transferable, revocable license to access and use the Program content and resources. You hereby agree that You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found in the Program.
The Company content is not for resale. Your participation in the Program does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your individual use, and will make no other use of the content without the express written permission of the Company and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of the Company or our licensors except as expressly authorized herein.
You hereby agree that any infringement of the Company’s intellectual property shall result in an immediate termination of the license granted hereunder. To be clear, if you violate the Company’s intellectual property rights, your access to the Program will be terminated immediately, and you shall not be entitled to a refund of any portion of the fees.
PARTICIPANT RESPONSIBILITY
The Company respects the privacy of its participants and will not disclose any information You provide except as set forth in this Agreement. As a condition of participating in the Program, you hereby agree to respect the privacy of other Program participants and to respect the Company’s confidential information.
Specifically, you shall not share any information provided by other Program participants outside of the bounds of the Program unless you receive express written permission from such other participant to share the information. Similarly, the content of the Program contains the Company’s proprietary methods, processes, forms, templates, and other information. You hereby agree not to share the information provided to You in the Program with anyone other than the Company, it’s owners and employees, and other Program participants.
INDEPENDENT CONTRACTOR STATUS
Nothing in this Agreement shall be construed to create a partnership, joint venture, employment, or agency relationship. The Company is agreeing only to provide Client with access to the Program, which provides education and information. The information contained in the Program, including any interactions with the instructors, is not intended as, and shall not be understood or construed as, professional advice.
FORCE MAJEURE
The Company shall not be liable or responsible to You, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of the Company including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion, or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lock-outs, strikes or other labor disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
SEVERABILITY/WAIVER
If any term or provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
MISCELLANEOUS
You agree to absolve and do hereby absolve the Company of any and all liability or loss that you or any person or entity associated with you may suffer or incur as a result of use of the Program and/or any information and resources contained in the Program. You agree that the Company shall not be liable to you for any type of damages, including direct, indirect, special, incidental, equitable, or consequential loss or damages for use of the Program.
The information, software, products, and service included or available through the Program may include inaccuracies or typographical errors. Changes are periodically added to the information in the Program. The Company and/or its suppliers may make improvements and/or changes in the Program at any time.
The Company and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services, and related graphics contained in the Program for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services, and related graphics are provided “as is” without warranty or condition of any kind. The Company and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services, and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement.
To the maximum extent permitted by applicable law, in no event shall the Company and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data, or profits arising out of or in any way connected with the use or performance of the Program, with the delay or inability to use the Program or related service, the provision of or failure to provide services, or for any information, software, products, services, and related graphics obtained through the Program, or otherwise arising out of the use of the Program, whether based on contract, tort, negligence, strict liability, or otherwise, even if the Company or any of its suppliers has been advised of the possibility of damages. Because some States or other jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to You. If you are dissatisfied with the Program or any portion of it, your sole and exclusive remedy is to discontinue using the Program.
NON-DISPARAGEMENT
The Parties agree and accept that the only venue for resolving such a dispute shall be in the venue set forth herein below. The parties agree that they neither will engage in any conduct or communications with a third party, public or private, designed to disparage the other. Neither Participant nor any of Participants associates, employees or affiliates will directly or indirectly, in any capacity or manner, make, express, transmit speak, write, verbalize or otherwise communicate in any way (or cause, further, assist, solicit, encourage, support or participate in any of the foregoing), any remark, comment, message, information, declaration, communication or other statement of any kind, whether verbal, in writing, electronically transferred or otherwise, that might reasonably be construed to be derogatory or critical of, or negative toward, the Company or any of its programs, members, owner directors, officers, Affiliates, subsidiaries, employees, agents or representatives.
ASSIGNMENT
Client may not assign this Agreement without express written consent of Company.
MODIFICATION
Company may modify terms of this agreement at any time. All modifications shall be posted on the robynbirkin.com website and purchasers shall be notified.
TERMINATION
The Company reserves the right, in its sole discretion, to terminate your access to the Program and the related services or any portion thereof at any time, if You become disruptive to the Company or other Program participants, if You fail to follow the Program guidelines, or if You otherwise violate this Agreement. You shall not be entitled to a refund of any portion of the fees and shall not be excused from any remaining payments under a payment plan in the event of such termination.
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, and third parties for any losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Program and related services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. The Company reserves the right, at its own cost, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in asserting any available defences.
RESOLUTION OF DISPUTES
You hereby expressly waive any and all claims you may have, now or in the future, arising out of or relating to the Program. To the extent that you attempt to assert any such claim, you hereby expressly agree to present such claim only in the state or federal courts of Perth, Western Australia.
WEBSITE TERMS
Contract
1.1 These Terms of use (Terms) govern your use of the website located at robynbirkin.com (Website). You accept the Terms as they apply from time to time whenever you access the Website, and accessing the Website forms a contract between Robyn Danielle Birkin, ABN – 97 728 365 291 (we, us, our) and persons who access the Website (you).
1.2 We may change these Terms from time to time. Any changes will come into effect when the updated terms and conditions are posted to the Website. These terms are important and you should ensure that you read them carefully before using the remainder of the website.
1.3 The information provided on this site and in our courses, ebooks, consultations and events is not medical or financial and consists only of a promotional nature, and does not represent a guarantee of any sort with relation to pregnancy outcomes of life outcomes. This website contains information written by an array of sources, both internal and external. This material is provided for informational purposes only. It should not be used as a substitute for professional healthcare advice. We assume no responsibility or liability for any consequence resulting directly or indirectly from any action or inaction you take based on the information found on or material linked to on this site.
1.4 Testimonials published by us are independent and genuine. However, they do not represent a guarantee or warranty of similar results.
License to use the site
2.1 We grant you a non-exclusive, worldwide, non-transferable license to use the Website in accordance with the terms and conditions set out in this agreement.
2.2 You may access the Website using a publicly available web browser commonly used to view websites, and you may print a copy of any page within the site for your personal non-commercial use.
2.3 You acknowledge and agree that we may alter or cease the operation of the Website at any time in our sole discretion, and the Website may be unavailable from time to time, including for maintenance purposes.
2.4 We may terminate your license to use the Website without notice if you breach these Terms.
Posting information & comments
3.1 You must not:
(a) alter the Website in any way except as permitted by these Terms
(b) upload any data to the Website other than to submit text in a text form provided for that purpose
3.2 You must not add any content to the Website:
(a) Unless you hold all necessary rights and consents to do so
(b) That might cause a breach of any law or other obligation
(c) That might be defamatory, offensive, pornographic, in breach of confidence or a similar obligation, threatening, abusive, liable to incite hatred or a breach of privacy
(d) That might be considered as spam or commercial advertising
(e) That infringes any rights belonging to another person.
3.3 By posting or adding any content to the Website or posting or making comments during webinars conducted by us, you grant us a perpetual, non-exclusive, royalty free, irrevocable, worldwide and transferable right and license to use that content in any way without limitation, and you permit us to authorise any other person to do the same thing. You consent to anything which we may do or not do in relation to your content which would otherwise be in breach of your moral rights. This includes that we may use your content without attributing you as the source of your content.
3.4 If you email us, unless you specify otherwise, you grant us the same rights in relation to the email as set out in clause 3.3.
3.5 You warrant to us that you have the right to grant any rights, licenses, consents or waivers required under these Terms.
Privacy
4.1 You agree that we will collect and manage your personal information supplied to us in accordance with our Privacy Policy.
4.2 You agree to our Privacy Policy available at https://robynbirkin.com/privacy-policy/.
Links to Third Party Websites
5.1 The Website includes links to other websites that are operated by third parties. We are not responsible for and do not sponsor, endorse or approve the content or operation of those websites or any products, services or information contained in them or offered by them. You should review the privacy policy and terms and conditions of use of those websites when you visit them.
Intellectual Property
6.1 Unless otherwise indicated, all materials on the Website, including photographs, text, graphics, design, names, logos, and underlying software are protected by copyright owned or licensed by us, and you acknowledge and agree that this is the case.
6.2 Except as permitted by law, you must not modify, copy, reproduce, frame, upload to a third party, post, transmit or distribute the material except as provided for in these Terms unless authorised in writing.
6.3 We permit the material on the Website to be downloaded to your computer for viewing and/or printing, as long as:
(a) the material is kept intact and in the same form as presented on the Website (including any copyright or other notice);
(b) it is for your personal, non-commercial use;
(c) it is used for a lawful purpose; and
(d) the material is appropriately attributed to us or the source.
Trademarks
7.1 Trade marks used on the Website belong to their respective owners. You must not use any trade mark displayed on the Website without the express written permission of us or the third-party owner.
No Spam
8.1 Publication of email addresses on the Website does not imply consent to the receipt of unsolicited commercial electronic messages or SPAM.
Disclaimers
9.1 We take care in creating the information and material on the Website but make no warranties or representations regarding the accuracy, completeness, quality or fitness for purpose of any material or content.
9.2 We do not guarantee that any data, file or program available for download from or via the Website or from any website linked to our website is free from virus or any other condition which might or could damage or interfere with data, hardware or software with which it might be used, and in accessing the Website, you assume all risk of use of all materials, programs and files on the Website. Prior to using any downloaded file you should carry out an appropriate virus check.
9.3 We are not liable to you or any person claiming through you for any loss or damage howsoever caused resulting from the use of the Website, any website linked to the Website, materials or content including the transmission of any virus.
9.4 We cannot guarantee that this site will always be available, error-free, uninterrupted, timely or secure.
Limitation on Liability
10.1 When you acquire services from us, the Part 3-2, Division 1 of the Australian Consumer Law implies a number of guarantees that cannot be excluded. Subject to the Australian Consumer Law, to the full extent permitted by law:
(a) under no circumstances (including but not limited to any act or omission on the part of us) will we be liable for any indirect, incidental, special and/or consequential damages or loss of profits whatsoever which result from any use of or access to, or any inability to use or access, the Website;
(b) we exclude all guarantees, conditions, warranties and terms implied by statute, general law or custom.10.2 For the avoidance of doubt, nothing in these Terms limits or restricts your ability to make a claim that may be available to you for our failure to comply with a guarantee under the Australian Consumer Law.
Exclusion of competitors
11.1 If you are in the business of creating similar documents, goods or services for the purpose of providing them for a fee to users, whether they be business users or domestic users, then you are a competitor of robynbirkin.com. robynbirkin.com expressly excludes and does not permit you to use or access our website, to download any documents or information from its website or obtain any such documents or information through a third party. If you breach this term then robynbirkin.com will hold you fully responsible for any loss that we may sustain and further hold you accountable for all profits that you might make from such unpermitted and improper use. robynbirkin.com reserves the right to exclude and deny any person access to our website, services or information in our sole discretion.
Links to other websites
12.1 robynbirkin.com may from time to time provide on its website, links to other websites, advertisements and information on those websites for your convenience. This does not necessarily imply sponsorship, endorsement, or approval or arrangement between robynbirkin.com and the owners of those websites. robynbirkin.com takes no responsibility for any of the content found on the linked websites.
12.2 Our website may contain information or advertisements provided by third parties for which robynbirkin.com accepts no responsibility whatsoever for any information or advice provided to you directly by third parties. We are making a ‘recommendation’ only and are not providing any advice nor do we take any responsibility for any advice received in this regard.
Education or Life Coaching
By using our services, you agree that robynbirkin.com is not to be held liable for any decisions you make based on any of our services or guidance and any consequences, as a result, are your own. Under no circumstances can you hold robynbirkin.com liable for any actions you take nor can you hold us or any of our employees liable for any loss or costs incurred by you as a result of any guidance, advice, coaching, materials or techniques used or provided by robynbirkin.com. All of our information on both website and consultations is intended to assist you and does not in any way, nor is it intended to substitute professional, medical, financial or legal advice. Results are not guaranteed and robynbirkin.com takes no responsibility for your actions, choices or decisions.
Jurisdiction
14.1 These Terms are governed by and to be construed in accordance with the laws of Western Australia, and the Commonwealth of Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of Western Australia. If any of these Terms is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the Terms which will continue in full force and effect.