DISCLAIMER

  1. 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. You can contact us as set out on our contact page https://robynbirkin.com/contact.

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.

  1. 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.

  1. 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.

  1. 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/.

  1. 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.

  1. 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.

  1. Trade marks

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.

  1. 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.

  1. 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.

  1. 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.

  1. Returns and Refunds

11.1 We handle returns and processes refunds in accordance with the Australian Consumer Protection legislation.  All refunds are made at the discretion of robynbirkin.com. Due to the time investment involved in coaching, no refund is available.

  1. Exclusion of competitors

12.1 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.

  1. Links to other websites

13.1 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.

13.2 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.

14. Education or Life Coaching

By using our services, you agree that robynbirkin.com is not to be held liable for any desicions 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.

15. Jurisdiction

15.1 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.