Glowing Expectations Terms and Conditions of Membership
Glowing Expectations, which is accessible at glowingexpectations.com.au is owned and operated by Rachel Livingstone (ABN: 43 127 375 849).
By clicking “I accept”, you are agreeing that you have read and agree that you have the capacity to accept and be bound by these terms and conditions and that you have sought the advice of a medical professional before undertaking the Glowing Expectations program.
These terms apply for any information you receive from Glowing Expectations (We, Us, Our) as a result of being a member of the program, including any information services we recommend.
Once you have registered your account with us, you will be provided with a username and password which will enable you to access our services. You are completely responsible for your username and account and agree to never reveal this information to any other person or allow any other person to log into your account under any circumstance.
Memberships are available for a period of 40 weeks (Pregnancy Program) and 20 weeks (Postnatal Program) and will start immediately after payment has been made and a username and password has been issued. Your access to our website will cease at 11:59pm on the day your 40 or 20 week membership expires.
If you (or anyone illegally accessing your account without permission), breaches any of these terms and conditions, you agree that we may suspend or terminate your account at any time and for any reason without refund or recourse.
Members continue to remain bound by the latest version of terms and conditions. Glowing Expectations may add or vary them at any time and will provide members with an email update advising them that the terms have been changed with a link to view the updated conditions for their perusal.
Conditions of Site Use
Seek Advice from Medical Professional
All physical activities come with risks, and when beginning any new fitness program you must consult with a medical professional prior to agreeing to these terms to confirm that it is appropriate for you. Your pregnancy is one of the most precious and important times in your life, and we want to ensure that you and baby will be healthy and thrive by using this program, with no doubts that it is medically unsuitable for your circumstances.
If at any time you feel there is any change to your physical condition or circumstances during or after your membership, you should immediately seek medical attention.
None of the information on our website is intended to be used as a diagnostic tool of any medical condition and is not to be used as medical advice. We do not advise participating in any of the activities or programs described on our website prior to a qualified medical professional evaluating the information contained within it for your own purpose and circumstances.
We also recommend to seek advice from your medical specialist if you have any pre-existing health conditions such as (but not limited to) ailments such as; cancer or any long term illnesses, any organ diseases, diabetes, cholesterol, recovering from injury or surgery, any heart or lung issues, blood pressure, or any other health complaint not mentioned.
Our Services and Third Party Associations
Glowing Expectations is an online pregnancy and postnatal fitness and wellbeing program which provides members with fitness coaching and guidance, workouts suitable for all stages of their pregnancy and postnatal period, weekly emails with tips, facts and videos to motivate and maintain health; as well as providing access to a private online social media group (hosted by Facebook) to engage with us and share information, and tips with other members.
All the information and advice we deliver to our members is given on the basis of good faith. Whilst we obviously endeavour to provide you the most up to date and accurate information possible, the information on the website may not be the most current knowledge available at that time. We therefore cannot make any representation or warranty that the information on the website is complete and do not provide further guarantees to its accuracy or any results that you may receive.
Whilst we do endeavour to ensure that our website runs at all times and all features are correct and available to our members, there are instances where our website may have down time or unscheduled maintenance due to some external issues out of our control. You are responsible for ensuring that you have the correct internet connection speed to view our content. Inability to view videos on our website is not considered an exceptional circumstance for the purpose of cancellation of your membership.
We also cannot guard or guarantee members from any viruses or vicious programming as a result of downloading from our site and recommend members use a program that protects their computer from such malicious attacks. Receipt of e-mails or Facebook messages cannot be assured nor guaranteed by Glowing Expectations to external host issues.
From time to time, Glowing Expectations may forward to its members interviews, or information from third party Guest Experts such as Nutritionists, Massage Therapists, Physiotherapists, Counsellors and Stylists. This may be in the form of information on the website, through an email to members or via a link provided to an external website.
We do this with the intention that it may benefit members and are not intended as an endorsement, promotion, a recommendation of the contents of such interviews or information nor do we guarantee their accuracy. Because we are not responsible for their content, we therefore do not accept responsibility for members following up on the advice or recommendations of these third parties or any loss or damages to person or property directly or indirectly suffered from the connection with or arising from these products or services.
Proprietary Rights and Intellectual Property
Glowing Expectations owns and retains all proprietary rights to the information, fitness programs, pictures, video or sound recordings, logos on their website and any content or correspondence from them. Unless you have been given written permission by Glowing Expectations founder and owner, you do not have the right to copy, transmit, modify, perform, display, distribute, sell or do anything else with any such intellectual property owned by Glowing Expectations. All rights are reserved by us.
Your membership grants you a personal limited 40 or 20 week pass to access the materials on the website and this licence is not transferrable and is personal to the individual member. You must not share, reproduce, retransmit, adapt, distribute, reuse, publish, broadcast or download any of our correspondence, programs or any other material to any other person at any time through any electronic platform or hard copy medium. This includes after your membership to our program has expired.
You also agree that Glowing Expectations may choose to take further legal action against members (past or present) that bring our reputation into disrepute, or use any of our materials which are protected under copyright and trademark under the relevant intellectual property laws in all relevant jurisdictions.
Whilst we care about your private information and strive to maintain your privacy, due to the nature of the internet, we cannot ensure the security of any information which you provide and any data transmitted is done so at your own risk.
Payment and Refunds
Once your onetime payment for the 40 or 20 week program has been made, and username and password established, you are deemed to be a member of our program. This onetime payment is inclusive of GST and you will receive a tax invoice to your nominated email to comply with our legislative obligations.
We do not hold or store any of your financial details, and all payments to us are to be made through PayPal. Further, you agree that we are not responsible to be held liable for any losses that you may incur using this payment service.
All payments and fees are non-refundable and non-transferable under any circumstances and you agree that by becoming a member that you continue to be subscribed to the service for a full 40 or 20 weeks.
We understand that some exceptional circumstances apply, and we encourage all members to contact us to discuss if a refund is sought due to an exceptional circumstance. However, due to the nature of the way our program is accessible, Glowing Expectations are under no obligation to provide a refund even when an exceptional circumstances does apply. Each circumstance will be dealt with in a case by case manner and will comply with the rights that are available to you under the Australian Consumer Law.
Indemnity and Limitations on Liability
As our program relies on our members doing activities at home or at a location of their choosing, and our service does not include any specific supervision or monitoring of the specific activity; by participating in the program you are accepting that you choose to do the fitness activities that we provide completely voluntarily and at your own risk.
This risk is pursuant to the civil liability and consumer protection legislation. To the maximum extent permitted by law, we exclude liability from or in any connection to any recreational services or fitness activities for death; physical or mental injury of any kind or severity; aggravation of a pre existing injury; the contraction, aggravation or acceleration of a disease; the aggravation, acceleration or recurrence of any other condition or circumstance; nor any activity that may cause harm or disadvantage to you or the community.
Even with the best care, advice, and preparation, there is still a possibility that unforseen negative health instances may occur to you or your un/born child. You agree you accept the inherent risks of childbearing and childbirth and that any injurious health incidents (to you or your un/born child), that may occur during or after your pregnancy is due to that inherent risk, and is not due to any fault of the Glowing Expectations program. We therefore are not responsible for any loss that you may suffer as a result of your actions or reliance on our website or services.
In no event will Glowing Expectations be liable to members or their un/born children of any indirect, consequential , special, incidental, punitive, exemplary damages or loss of any profits or opportunity arising from being a member of and using the Glowing Expectations program or website, even if we have made aware that such damages or loss were a possibility.
To the extent permissible by law, our liability in relation to any claim presented in the area of tort law, such as of negligence or contract will be a total sum of fees payable by the member up and including the date of the cause of action. You also agree to that the dispute will be governed by the jurisdictional laws of New South Wales without regard to conflict of law provisions.
You agree to indemnify Glowing Expectations, our employees, third party, subcontractors, agents or any person working on our behalf from and against any third party claims. This includes any losses, damages and costs (including reasonable legal fees) which may arise in the case of your breach of these terms.
Glowing Expectations are not responsible for any information, photos, posts, comments, content or submissions that members may upload to the Glowing Expectations Facebook Group page as Facebook retains the rights and responsibility to monitor and apply its own terms of service in relation to this matter. However, we do reserve the right to remove you from the Group page on Facebook at any time and for any reason.
However, we encourage members to not post personal or sensitive information relating to themselves, and to not post any offensive material nor engage in abusing or bullying other members on Facebook. Such unpleasant behaviours may cause your membership to become compromised or cancelled without a refund of membership fees.
If a provision of any of the terms and conditions listed above is seen as unenforceable, that particular provision may be severed without it affecting the enforceability of other terms within it.