Program Terms & Conditions

This Website is owned and operated by Motherland Trading as Motherland or Motherland Australia (referred to in these terms as “Motherland” “Stephanie Trethewey” “we”, “us”, and “our”)

Please read these Terms and Conditions (‘T&Cs’) carefully prior to purchase, use or access of any of our products, including our online mother’s group (‘program’).  These T&Cs along with Our Website Terms of Service, and Our Privacy Policy (‘the Terms’), apply to all Website visitors, subscribers, clients, customers and all other users of the Website (“user”, “you” and “your”) and set out the information relating to your use and enjoyment of the Program. 

These Terms are a legal agreement between You and Us, and by purchasing access to this Course, You agree to be bound by these Terms.

By using this Website, accessing or purchasing any products or services, you warrant that:

• you are over 18 years of age and have the legal capacity to enter into a legally binding contract;
• have read and accepted these Terms; and
• will comply with these Terms

We reserve the right to change or modify these Terms at any time consistent with applicable laws and principles, without notice to you.  These changes will be effective as of the date we post the revised version on this Website.  It is your responsibility to review these Terms prior to use and periodically throughout your use of our Website and services.  If at any time you choose not to accept these Terms, you should not use this Website or access the Program.

By remaining on this Website and your continued use of this Website and the Program is deemed acceptance of any modifications or amendment of these Terms.  You may also accept these terms where you click “Agree” “Accept” “Buy” “Purchase” or “Join” where such an option is made available to you during your use of the Website.  If you’re uncertain about the Terms or anything else on our Website, please don’t hesitate to contact us before completing any purchase. 

Program Access and Fees

The Program is owned and provided by Us and these T&Cs set out how you are allowed to access and use Our Program.

You may apply to access the Program by paying the Program fee on Our website www.motherlandaustralia.com.au (“Website”). You agree to provide accurate, current and complete information about yourself as requested or directed on the Website, and to promptly update this information to maintain its accuracy.  We have the right to suspend or terminate your Program access if We suspect that such information is inaccurate or incomplete. 

Your Program commences when Your application has been accepted by Us, or a date specified on our Website, or when you are otherwise notified by us via email correspondence and You pay the price as displayed on Our Website and in accordance with these T&Cs (“Program Fees”).

We may review and approve or deny Your Program application at Our sole discretion.

Method of Payment

You will pay Us the Program Fees in full upfront as set out on our Website:

• By the payment methods nominated by Us.

Refund Policy

The Program Fee is non-refundable except as required by law or in Our sole discretion.  We do not provide refunds simply because Your situation has changed or You have changed Your mind.

Program communication tools

By purchasing and commencing the Program, you acknowledge that the delivery of your online rural mother’s group and related resources and communication during the Program relies on Internet connectivity and your use of online social media platforms which may include, but are not limited to, Instagram, Facebook, Whatsapp, Zoom and GoToMeeting which are necessary in order for you to access Program materials and communicate with the other women in your mother’s group. 

Online privacy and security issues related to the above platforms are the sole responsibility of You and the above platform providers. Motherland takes no responsibility for any data or privacy related issues or complaints linked to any third party online platforms used during the Program, such as the ones mentioned above. By commencing the Program you agree to use the online platforms required in order for you to access your mother’s group and Program materials. 

Program Entitlements, Benefits and Complaint Procedures

Program entitlements

During your Program, We will provide You with certain Program Entitlements, in our Sole discretion, that may include but are not limited to video, audio, online video conferences, networking opportunities and emails. 

You Consent to receive electronic communication including by email, SMS or announcement, including but not limited to communications for the Program or for marketing purposes.

You are granted access to this Program until such time as these Terms are terminated or in the event the Program ceases to operate. 

Benefits

From time to time we may also provide You with certain benefits that may include products, or online material, in Our sole discretion.  We cannot guarantee the duration for which these Benefits will be available for.

During your Program, you will also be invited to participate in our online group meetings. In order to be admitted and retain access to the online group meetings, you will be required to comply with the online group rules. Where you breach the online group rules, your access will be removed and depending on the severity of your breach of the rules, your Program may also be cancelled.  

Complaints Procedure

The parties acknowledge and agree that the process set out below will apply to any complaints and both parties agree that they must not engage in any communications or behaviour with any third party (public or private), including but not limited to social media channels designed to be derogatory or negative of the other party. 

We are committed to providing a high standard of service. If you have any concerns or are dissatisfied with the service You have received and wish to raise a complaint, then please email hello@motherlandaustralia.com.au 

Any complaint submitted in accordance with the provision set out immediately above must include the following information at a minimum:

• Your name;
• the email address You used to apply for the Course;
• details of Your concern or complaint;
• details of what You would like Us to do to resolve the matter; and 
• copies of any relevant correspondence.

We will provide You with an acknowledgement of Your complaint within 5 business days of receipt. We will aim to resolve Your complaint within 14 business days of receipt. If We are unable to address the complaint within 14 business days, then We will write to You to explain what is happening with Your complaint. 

Where a dispute cannot be resolved, you agree to submit to the non-exclusive jurisdiction of the courts of the State or Territory in Australia where We are located.

Intellectual Property Rights and Testimonials

You agree that:

We retain ownership of all Intellectual Property Rights (including Moral Rights) in the Program Materials.

To the extent required for participation in the Program, You are granted a non-exclusive, non-transferable, single use, limited licence to access and use the Program Materials which includes all communications such as emails, audio and video content for your own personal use and:

• it may only be used for the purposes set out in the Terms, as part of your access to the Program;
• You will not modify the Program Materials; 
• You will not copy the Program Materials or in any way cause the Program Materials to be copied or shared; 
• You may not assign or transfer your membership of the Program to any other person without Our express written consent; and
• You will not sub-licence, publish, sell, or otherwise provide it or allow it to be used by third parties.

Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, sell, create derivative works of, enhance or in any way exploit any of the Program Materials in any manner whatsoever except as authorised by us.

Your use of the Program Materials may also be subject to Our Website Terms and Conditions and Privacy Policy.

In addition to any other legal rights and remedies, We reserve the right to remove access to the Program and Program Material without refund and to pursue all legal remedies if you infringe our intellectual property rights.

Where You have provided testimonials (in any format), We may use those testimonials to refer to You in Our websites, and other media (including social media channels) for the sole purpose of promoting Our Program.

For the purposes of these T&Cs, ‘Program Materials’ means all tools developed and/or utilised by Us in provision of the Program, including, without limitation, programs, emails, workshops, digital products (including audio content and ebooks), webinars and videos.

Termination

Method of Termination

Terms and Consequences

We may terminate these Terms with immediate effect, by giving You written notice if:

• You do not pay the Program Fees when due;
• You fail to comply with any of the provisions of these Terms or otherwise breach any undertaking, warranty or obligation under these Terms;
• You infringe Our intellectual property;
• engaging in conduct injurious or potentially harmful to Our reputation;
• disclosing Confidential Information without consent.
• You fail to conform or abide by Our applicable rules, policies or procedures;
• Your actions are contrary to Our interests; or
• We consider that mutual trust and/or confidence no longer exists.

If We terminate Your Program, We may, but are not obliged to refund any prorated balance of the Program Fee already paid by You and access to the Program will be immediately terminated.

Confidentiality

We will not disclose any information you provide except as set out in these Terms.  It is a condition of participating in the Program that you agree to respect the privacy of other Program participants and Our confidential information.  Accordingly, unless you have a Program participant’s prior written consent you will keep confidential at all times, any information shared by a Program participant.  Additionally, you must not under any circumstances, share any details in the content of the Program as the content contains our intellectual property including templates, workbooks, processes, forms and other information.  You acknowledge and agree that you will not share the information provided to you as part of the Program with anyone other than Us or the Program participants. 

However, these obligations of confidentiality do not apply to any disclosure that:

Allowable Disclosures

• Disclosure for the purpose of performing the Terms or exercising a party’s right under the Terms.
• Disclosure that is required by Applicable Law.
• Disclosure that relates to Confidential Information which is publicly available through no fault of the receiving party or its personnel, or was rightfully received from a third party without restriction and without breach of any obligation of confidence.

Prohibited Use

In addition to any other prohibitions, you must not, under any circumstances use the Website or its content: 

• for any unlawful purpose; 
• if you or your business in any way competes with Our business;
• to solicit others to perform or participate in any unlawful acts; 
• to violate any international, federal, or state regulations, rules, laws, or local ordinances; 
• attempt to change, remove, deface, hack or otherwise interfere with this Website or any material or content displaced on the Website; 
• hack into any aspect of the service; corrupt data; cause annoyance to other users; 
• infringe upon the rights of any other person’s proprietary rights; 
• send any unsolicited advertising or promotional material, commonly referred to as “spam”; or 
• attempt to affect the performance or functionality of any computer facilities of or accessed through this Website.

Disclaimers, Warranties and Indemnities

You and We agree that:

• The Website, Program and Program Material is provided on an ‘as is’ basis;
• You use the Website and Program at your own risk;
• You are responsible for maintaining the security of your account and access to the Website and Program including by maintaining the security of your password and account log in details;
• We cannot guarantee and We do not promise any specific results from participation in the Program.

Any success you gain, will be dependent on your own efforts, commitment, motivation and intent to follow through.  Under no circumstances, can we guarantee a particular result, whether financial or otherwise.  You acknowledge and agree that results may differ from person to person.  Each person’s individual success is completely dependent on their background, dedication, drive and motivation to succeed as well as many other additional factors.  You acknowledge and agree that when you purchase any program, participate in any coaching or purchase a product and /or service, that results may vary as there are too many variables to guarantee success.  Any client reviews, statements or examples advertised or available on our Website or via any content we communicate with you (including any newsletter, social media or other advertising), are merely examples of what can be possible.

We and Our directors, agents or associates shall not be responsible or liable for any loss or damage resulting from Your Program, except as expressly permitted by law and as set out in these T&Cs. 

You will indemnify Us against all loss, cost, damage or expense (including Our legal costs and associated costs of investigations and enforcement) directly or indirectly related to Your breach of these T&Cs.

Without limiting this clause, We will not be liable to You for any liability or claim of any kind arising directly or indirectly (whether under statute, contract, tort, negligence or otherwise) resulting from:

• the use or inability to use the Program;
• Your failure to maintain the security of your account;
• statements or conduct of any third party; or
• Your reliance on the recommendations and suggestions of any third party or Program participant.

Privacy Policy

When You apply for Your Program, We will require You to provide Us with certain personal information about You; this may, depending on the nature of the Program, include information about your personal circumstances and mental health. Your privacy is extremely important to Us and We take your privacy seriously.  We will only use the personal information provided by You to Us strictly for the purposes of providing You with Our Program services and to market to You with Your consent. We may collect data from Program participants for the purposes of marketing the Program and raising public awareness of the Program. Your personal information such as your name, location and any identifiable information about you will remain completely confidential. Anyl testimonials used publicly will remain anonymous, unless we get your written consent and approval to attribute any testimonials to you. 

Where You wish to withdraw Your consent, You can unsubscribe within the body of any email We send or inform Us via email.  We will disclose and deal with Your information in accordance with Our privacy policy which You can access at any time on our website.

Electronic Communications and Electronic Signatures

These Terms will become binding when You agree to these Terms, including by clicking “I consent” or “I agree” or similar, or by purchasing and/ or commencing the Program.

Validity

Whenever possible, each provision of these Terms will be interpreted in such a manner as to be effective and valid under Applicable Law, but if any provision of these Terms is held invalid or unenforceable, the remainder of these Terms will nevertheless remain in full force and effect and the invalid or unenforceable provision will be replaced by a valid or enforceable provision. 

Ceasing our Website

We have the right to discontinue this Website.  If We decide to do this, it can be at any time and may be without notice to you.  We may also exclude any person from using Our Website, at any time and at Our sole discretion. We will not be responsible for any liability you may suffer arising from or in connection with any such discontinuance or exclusion.

Assignment

You cannot assign these Terms or otherwise deal with the benefit of it or a right under it without Our prior written consent. We may assign or novate the Terms or otherwise deal with the benefit of it or right under it without Your consent.

Entire Agreement

These Terms constitute Our entire agreement with You about the subject matter and supersedes all previous agreements, understanding and negotiations on that subject matter.

Governing Law and Jurisdiction

The formation, construction, performance and enforcement of these Terms will be in accordance with the laws in force in the State or Territory in Australia in which We are located. You and We submit to the non-exclusive jurisdiction of the courts of that jurisdiction.