Website Terms and Conditions of Use

  1. About the Website

    1. Welcome to www.bambymedia.com (the 'Website'). The Website provides you with an opportunity to browse and purchase a variety of online learning material (‘Learning Material’), and podcast, video and branding services that have been listed for sale through the Website (the 'Services'). The Website provides this service by way of granting you access to the content on the Website (the 'Purchase Services'). 

    2. The Website is operated by Brianna Ansaldo (ABN: 40 027 557 149) t/a Bamby Media (‘Bamby Media’). Access to and use of the Website, or any of its associated Services, are provided by Bamby Media. Please read these terms and conditions (the 'Terms') carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of the Learning Material, and Services, immediately.

    3. Bamby Media reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Bamby Media updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. 

  2. Acceptance of the Terms

    1. You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Bamby Media in the user interface.

  3. Bookings and Purchase of Services

    1. Bamby Media requires all bookings and purchases for the Services to be made via the online booking system made available on the Website (the ‘Booking System’).

    2. If you choose to create a subscription with the Booking System to allow for monthly recurring payments, you acknowledge and agree to be bound by the Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Booking System.

    3. If you choose to proceed with the Services, you will be bound by the terms and conditions provided to you at the point of purchase.

    4. In using the Purchase Services to purchase Services through the Website, you will agree to the payment of the purchase price listed on the Website for the Service (the 'Purchase Price').

    5. Payment of the Purchase Price may be made through the available payment methods (the 'Payment Gateway Providers')

    6. Unless otherwise stated, all amounts are listed in Australian Dollars (AUD) and are GST exclusive, being goods and services tax as defined in A New Tax System (Goods and Services Tax) Act 1999, exclusive amounts. Where the services are provided outside Australia, GST is inapplicable.

    7. In using the Purchase Services, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Payment Gateway Providers.

    8. Following payment of the Purchase Price being confirmed by Bamby Media, you will be issued with a receipt to confirm that the payment has been received and Bamby Media may record your purchase details for future use.

    9. If any subscription or other payment under these Terms is not made in full on the due date, Bamby Media is entitled to charge You interest at the rate of 5% per annum, calculated daily.

    10. You agree that if You default on any subscription payments due and payable under these Terms, any costs incurred by Bamby Media for steps taken to enforce payment terms will be recoverable and payable by You. 

  4. Purchase of Learning Material

    1. If you choose to purchase Learning Material, you will be bound by the terms and conditions provided to you at the point of purchase.

    2. In using the Purchase Services to purchase Learning Material through the Website, you will agree to the payment of the purchase price listed on the Website for the Learning Material (the 'Purchase Price').

    3. Payment of the Purchase Price may be made through the available payment methods (the 'Payment Gateway Providers')

    4. Unless otherwise stated, all amounts are listed in Australian Dollars (AUD) and are GST exclusive, being goods and services tax as defined in A New Tax System (Goods and Services Tax) Act 1999, exclusive amounts. Where the services are provided outside Australia, GST is inapplicable.

    5. In using the Purchase Services, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy, and other relevant legal documentation provided by the Payment Gateway Providers.

    6. Following payment of the Purchase Price being confirmed by Bamby Media, you will be issued with a receipt to confirm that the payment has been received and Bamby Media may record your purchase details for future.

    7. If any payment under these Terms is not made in full on the due date, Bamby Media is entitled to charge You interest at the rate of 5% per annum, calculated daily.

    8. You agree that if You default on any subscription or other payments due and payable under these Terms, any costs incurred by Bamby Media for steps taken to enforce payment terms will be recoverable and payable by You.

  5. Cancellation and Termination

    1. You must notify Bamby Media of an intention to cancel any learning material, Services, or any subscription as soon as practicable through e-mail to hello@bambymedia.com and abide by the following (‘Cancellation Policy’).  30 days notice is required to cancel a subscription Service. 

    2. The Learning Material, Services, and any subscriptions are non-refundable. This means that if you wish to terminate any learning material, subscription, or Service early, all unpaid amounts of the Purchase Price are non-refundable.  

    3. If you cancel a subscription Service, 30 days notice is required and you will be required to pay for all work completed up to the date expiring upon the 30-day notice period, including podcast episodes edited and uploaded even if those episodes have not gone live.  

    4. Bamby Media may change the Cancellation Policy at any time without notice and bookings made in advance of the change will not be affected.

    5. Bamby Media reserves the right to terminate your involvement in the Learning Material, or the Services, for breach of these Terms with 7 days notice by e-mail. 

    6. If Bamby Media terminates the Learning Material, or Services, you agree to pay Bamby Media for the portion of the Learning Material, or Services completed up to the date and time of termination.

  6. Delivery of Learning Material and License Information 

    1. Each purchase of any Learning Material grants you electronic access to the material purchased. 

    2. When you purchase Learning Material, Bamby Media grants you a limited, revocable, non-exclusive, non-sublicensable, non-transferable license to access and use the specific Learning Material and any related software, content, equipment or other materials for your specific, non-commercial use only (the ‘Licence’).

    3. The Licence is valid for the term of the Learning Material (‘Licence Term’). This means the content will be viewable via the download link for as long as the Learning Material exists.  Bamby Media may choose to cease Learning Material at any time without notice to you. 

    4. The Learning Materials are intended for use in a single household within the licence Term only. Sharing of your Licence is prohibited. This includes the sharing of any supplemental materials, booklets, and access to any other aspect of the Learning Material.  

  7. Warranty 

    1. Bamby Media will use its best efforts and take all reasonable steps to help you achieve your desired results. However, Bamby Media makes no warranty that the Learning Material and Services will meet your requirements or that all clients will achieve the same results.

    2. The Learning Material and Services do come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled to cancel this Agreement with Bamby Media, and you are entitled to a refund for the unused portion, or to compensation for its reduced value. A major failure with the service is defined by the Australian Consumer Law and includes but is not limited to severe situations where a service is unfit for the purpose it is sold or creates an unsafe situation. 

  8. Learning Material and Services Disclaimer

    1. You are solely responsible for creating and implementing your own career or business, marketing, mental and emotional well-being, decisions, choices, actions and results arising out of or resulting from the Learning Material and Services and your sessions and interactions with Bamby Media. As such, you agree that Bamby Media is not and will not be liable or responsible for any actions or inaction, including effects on your business, personal life or career, or for any direct or indirect result of any Learning Material and Services provided by Bamby Media.

    2. You understand that in order to enhance the relationship and sessions with Bamby Media, you agree to communicate honestly, be open to feedback and assistance and to create the time and energy to participate fully in the Learning Material and Services.

  9. Information Disclaimer

    1. Any information, advice, content or documentation provided on the Website, through the Learning Material, Services, social media accounts, podcast, blog or on any other related platform do not constitute professional, business, marketing or other advice, and are provided for general information and guidance purposes only. 

    2. All care is taken in the preparation of the information and published materials on the Website, through the Learning Material, Services, social media accounts, podcast, blog, or on any other related platform. Bamby Media does not make any representations or give any warranties about its accuracy, reliability, completeness or suitability for any particular purpose. 

    3. To the extent permissible by law, Bamby Media will not be liable for any expenses, losses, damages (including indirect or consequential damages) or costs that might be incurred as a result of the information being inaccurate or incomplete in any way and for any reason or your reliance on the information, advice or documentation on the Website, through the Learning Material, Services, social media accounts, podcast, blog, or on any other related platform.

  10. Copyright and Intellectual Property

    1. You acknowledge that the Website, the Purchase Services, Bamby Media’s name, Learning Material, Services, and any logos, designs, text, graphics, software, content, files, materials, and any other intellectual property rights contained therein, including without limitation, any copyrights, patents, trademarks, proprietary or other rights arising thereof, are owned by Bamby Media or its affiliates, licensors, or suppliers whether displayed on the Website, membership site, social media accounts, blog, within the podcast or on any other related platform (‘the Content’).

    2. You hereby indemnify and agree to keep indemnified Bamby Media against all liability, losses or expenses incurred by Bamby Media in relation to or in any way directly or indirectly connected with any breach of intellectual property rights of Bamby Media or any third party by you or your agents.

    3. You may not, without the prior written permission of Bamby Media and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third party content for any purpose. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.

    4. For any Learning Material and Services which enable you to use any software, content, equipment, or other physical or non-physical materials owned or licensed by Bamby Media grants you a limited, revocable, non-exclusive, non-sublicensable, non-transferable license to access and use the specific Learning Material or Services, and any related software, content, equipment or other materials for your specific, non-commercial use only.

  11. Privacy

    1. Bamby Media takes your privacy seriously and any information provided through your use of the Website and/or the Purchase Services is subject to Bamby Media’s Privacy Policy.

  12. General Disclaimer

    1. You acknowledge that Bamby Media does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Learning Material and Services other than those provided for under these Terms.

    2. Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.

    3. Subject to this clause, and to the extent permitted by law:

      1. all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and

      2. Bamby Media will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Purchase Services or these Terms (including as a result of not being able to use the Purchase Services or the late supply of the Purchase Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

    4. Use of the Website, the Purchase Services, and any of the Learning Material and Services of Bamby Media is at your own risk. Everything on the Website, the Purchase Services, and the Services of Bamby Media, are provided to you on an "as is" and "as available" basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third-party content providers or licensors of Bamby Media make any express or implied representation or warranty about its Content or any Services or Purchase Services (including the Learning Material, Services or Purchase Services of Bamby Media) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

      1. failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or another harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;

      2. the accuracy, suitability or currency of any information on the Website, the Purchase Service, or any of its Content related Learning Material and Services (including third-party material and advertisements on the Website);

      3. costs incurred as a result of you using the Website, the Purchase Services or any of the Learning Material and Services;

      4. the Content or operation in respect to links that are provided for your convenience;

      5. any failure to complete a transaction or any loss arising from e-commerce transacted on the Website; or

      6. any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.

  13. User Generated Content

    1. If you choose to contribute any content to the Website or any other platform operated by Bamby Media, you are solely responsible for it. This includes comments, reviews, tweets, posts, photos, pictures, images, videos, materials or other user-generated content or information (‘Your Content’).

    2. By contributing content to the Website, you grant Bamby Media a royalty-free, non-exclusive license to use Your Content in any way that it chooses. This may include the use of your photos or video on other parts of the Website, advertising, promotions or social media accounts held by Bamby Media.

    3. Additionally, if you post your User Content with any personal information including identifying information such as location or name, you agree Bamby Media can use that information with your User Content for advertising and promotional purposes, or any other business purpose 

    4. You confirm you own or have the right to use any copyrighted material included in Your Content (including replies to Bamby Media social media posts, reviews, music, photos, quotes and excerpts of audio or video), and that you have the permission of anyone appearing or performing in Your Content and that you are not infringing any third-party rights by submitting the content to Bamby Media. You also confirm you have, where appropriate, sought the consent of the parent or guardian of any person under the age of 18 who is featured in Your Content.

    5. Please ensure you keep your own copies of Your Content as Bamby Media may not archive, store, or back up Your Content nor continue to make Your Content accessible online.

    6. Bamby Media will endeavour to provide you with appropriate credit when using Your Content on Bamby Media platforms, though you understand and agree this may not always be possible.

    7. Bamby Media reserves the right to remove Your Content at any time. Your Content must not be malicious, libellous, false, inaccurate, threatening, abusive, obscene, defamatory or racially, sexually, religiously, or otherwise objectionable and offensive.

  14. Mailing List Registration 

    1. You will be given the option to register for the Bamby Media Mailing List (the 'Mailing List'). 

    2. As part of the registration process, you may be required to provide personal information about yourself (such as identification or contact details), including:

      1. Email address

      2. Name and address

      3. Mobile number

    3. If you choose to register for the Mailing List, you agree to receive promotional material, updates and other content from Bamby Media.

  15. Limitation of Liability

    1. Bamby Media’s total liability arising out of or in connection with the Purchase Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase Price, then the total liability of Bamby Media is the resupply of the information or Purchase Services to you.

    2. You expressly understand and agree that Bamby Media, its affiliates, employees, agents, contributors, third-party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however, caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.

    3. Bamby Media is not responsible or liable in any manner for any site content (including the Content and Third Party Content) posted on the Website or in connection with the Purchase Services, whether posted or caused by users of the website of Bamby Media, by third parties or by any of the Purchase Services offered by Bamby Media.

  16. Indemnity

    1. You agree to indemnify Bamby Media, its affiliates, employees, agents, contributors, third-party content providers and licensors from and against:

      1. all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any Content you post through the Website;

      2. any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms; and/or

      3. any breach of the Terms.

  17. Venue and Jurisdiction

    1. The Purchase Services offered by Bamby Media are intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Queensland, Australia.

  18. Governing Law

    1. The Terms are governed by the laws of Queensland, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Queensland, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

  19. Independent Legal Advice

    1. Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties have taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.

  20. Severance

    1. If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.