Terms of UseUpdated 2 months ago

In these terms, “Mamamia” (collectively, “Mamamia.com.au” “us”, “we”, “app”, “MOVE”, “MOVE by Mamamia”, or “our”) references MAMAMIA.COM.AU PTY LTD (ACN 105 572 192). These Terms of Use ("Terms") govern your access to and use of the Mamamia website, mobile applications, and any related services (collectively referred to as the "Service or Services"). Please read these Terms carefully before using the Service. It is your responsibility to regularly check and/or review these Terms of Use and to decide whether you agree to abide by them and be bound by them. We may change, modify, add or delete portions of the Terms of Use from time to time at our sole discretion and your continued use of the Service constitutes your acceptance of those changes.

1. Account Creation and Registration

1.1 To access certain features of the Service, you may need to create an account. In creating and setting up an account you warrant, agree and acknowledge to Mamamia that:

1. all information provided by you is accurate, true and complete and you agree to notify us immediately in the event that any of the information you have provided us changes;

2. that we may conduct enquiries or request further information, including a form of identification, at our entire discretion in order to verify your identity;

3. You will not create more than one User Account without our express, written permission; 

4. Not to create or use User Accounts for any person or entity that is not you or that is not owned or controlled by you without our express, written permission; 

5. You will not seek to pass yourself off as another person or entity; 

6. You will not do anything which would assist a third party who is not a registered user to gain access to any restricted area of the Services or Confidential Information (as defined below); 

7.  Any personal information you provide us in setting up your Account or throughout your use of the Service will be handled in accordance with our Privacy Policy.

8. You will be responsible for maintaining the confidentiality of your user account’s information identifiers (such as a password) and any account activities and you will notify us immediately if you become aware of any unauthorised use or loss of your password or account identifiers by others;

9. Our services and any content accessed through those services are for your personal and non-commercial use only and may not be shared with individuals or organisations outside these terms. During the term of your access you will be provided with a limited, non-exclusive licence, on a non-transferable basis to access the Services (as relevant to the particular category of account) and their content. 

10. You agree not to use your access to the Services for public performances.

11. Mamamia reserves the right to suspend or terminate your account if any information provided is found to be inaccurate, incomplete, or in violation of these Terms.

2. Paid Subscriptions: Mamamia offers paid subscription plans ("Subscription Plans") that provide access to additional content and features of the Service. Subscription Plans may have different pricing, durations, and terms, as outlined on the Mamamia website or within the mobile application. By subscribing to a paid plan, you agree to pay the applicable fees and abide by the terms specific to that plan.

2.1 We accept payment for Subscription Plans online via Stripe, Inc. (“Stripe”) subject to Stripe’s terms and conditions. We are not responsible for any losses, claims, damages or consequences due to Stripe’s terms and conditions or for any interruptions or delays in Stripe’s services or facilities.

2.2 You agree to provide accurate and complete payment information when subscribing to a paid plan. You authorise Mamamia to charge the specified fees to your chosen payment method. Payment will be processed at the beginning of each subscription period, and fees are non-refundable unless required by law.

2.3 Subscription Plans are automatically renewed at the end of each billing cycle unless you cancel your subscription before the renewal date. You acknowledge and agree that Mamamia is authorised to charge the applicable fees for the renewed subscription period using the payment method on file, unless you update your payment information or cancel your subscription.

2.4 You acknowledge and agree that Subscription fees may change at any time and may be subject to tax, collected by us or via Stripe, through which you transact and are non-refundable except in the specific circumstances described in these Terms of Use. 

2.5 You agree to pay all fees payable in connection with a service, product and offering purchased through the Mamamia Network or the Services at the time of purchase (“Fees”). The Fees payable in this section are payable in Australian dollars unless otherwise specified. You acknowledge and agree that Membership fees, Subscription Plan fees and other fees paid to us are non-refundable, unless a refund is required by law.

2.6 Other services, products and offerings may become available to subscribers from time to time, and all fees payable in relation to those products, services and offerings will be payable in accordance with these Terms of Use. 

2.7 If for any reason, payment for your Subscription is declined, we reserve the right to cancel your Subscription unless you provide us, via Stripe, with a valid form of payment.

2.8 You may cancel your Subscription by logging in to your Account and either:

1. Navigating to your billing page and following the prompts available

2. Seeking help via email ([email protected]) or via our Help Centre

2.9 For the avoidance of doubt, cancellation becomes effective at the end of your current billing period.

2.10 You acknowledge and agree that we do not provide any options to suspend or pause your Subscription

2.11 If you elect to cancel your Subscription, you acknowledge and agree that you will not receive a refund of any Subscription fees that have since been paid prior to the time of your cancellation.

2.12 Without limiting any other remedy that may be available to us, we reserve the right to terminate your Subscription without notice if, in our sole discretion, you have breached any of the provisions of these Terms of Use including, but not limited to, any Prohibited Conduct set out in Section 4 of these Terms of Use.

2.13 Without limiting any other remedy that may be available to us, we may terminate your Subscription, without notice, in the event that we discontinue the provision of Mamamia’s subscription.

3. Free Trials: Mamamia may offer free trials for certain Subscription Plans. The duration and terms of the free trial will be specified when you sign up. During the free trial period, you will have access to the features and content available to subscribers of the selected Subscription Plan. By starting a free trial, you acknowledge and agree to these terms regarding free trials and the automatic conversion to a paid subscription.

3.1 At the end of the free trial period, unless you cancel your subscription, your selected Subscription Plan will automatically renew, and you will be charged the applicable fees. To avoid being charged, you must cancel your subscription before the end of the free trial period. You can cancel your subscription by following the instructions provided within the Service.

3.2 Free trials are available only to new customers who have not previously subscribed to the same or a similar Subscription Plan. Mamamia reserves the right to determine your eligibility for a free trial, and we may revoke or modify the free trial offer at any time without prior notice and with no liability.

3.3 Free trials are provided on a "use it or lose it" basis and have no monetary value. Mamamia does not offer refunds or credits for any unused portion of a free trial period if you cancel your subscription before the end of the trial.

3.4 If you do not cancel your subscription before the end of the free trial period, your selected Subscription Plan will automatically convert to a paid subscription, and you authorise Mamamia to charge the applicable fees using the payment method on file.

3.5 Please note that Mamamia may require you to provide valid payment information, even for free trials, to ensure a smooth transition to a paid subscription if you choose to continue beyond the trial period.

4. Use of the Services and Prohibited Conduct

4.1 You are solely responsible for any content or information you provide us while using the Services, including but not limited to photos, profiles (including your name, image and likeness), messages, comments, notes, text, website links, quotes, music, images, video, listings, and other content (“User Content”) that you post, transmit, communicate, upload, distribute, store, create, use or otherwise publish or make available through the Services (“Share”).

4.2 Your use of the Service is conditional upon your ongoing agreement to use Mamamia for personal and non-commercial use only, and your agreement not to engage in any of the following "Prohibited Conduct” 

1. Share any User Content or any other content that we consider, at our sole discretion to be:

1. unlawful; 

2. an infringement of any of our rights or any rights of any third party, including copyright, trade marks, patent, trade secret or any other intellectual property or proprietary rights;

3. commercial in nature or shared in return for payment of any kind from any third party;

4. knowingly incorrect, misleading or fraudulent;

5. defamatory;

6. harmful, threatening, abusive, or harassing;

7. offensive, vulgar, obscene, abusive, hateful or racially, ethically or otherwise objectionable;

8. personal information of any third party, including but not limited to addresses, phone numbers, email addresses and credit card numbers;

9. invasive of privacy or publicity rights;

10. financial, legal, medical or other professional advice; or

11. otherwise inappropriate.

2. Share any material that contains software viruses or any other malicious computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

3. Share content that would constitute, encourage or provide instructions for a criminal offence, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;

4. Share unsolicited emails, junk mail, spam, promotional materials or any other uninvited correspondence or form of solicitation to any third parties;

5. Attempt to alter, change, modify, adapt, translate, edit or reverse engineer any element of the Services or any content contained therein; 

6. Share the Services, or any of the content contained therein in any manner that we may, in our sole discretion, consider unlawful or in any other manner that could damage, disable, overburden or impair Mamamia;

7. Share the Services, or any of the content contained therein in any way that we may, in our sole discretion, consider to be an infringement of any of our rights or any rights of any third parties; 

8. Share the Services, or any of the content contained therein to solicit, harvest or collect any personal information, including, but not limited to usernames and passwords from any third parties by electronic or other means; or

9. Use automated scripts to collect information from or otherwise interact with Mamamia, including:

   • use, or authorise to be used, automated means, including spiders, robots, crawlers, data mining tools, or similar, to download or scrape data or content from our website (or from other platforms via which we given you access to our data and content) for any purpose; 

   • submit, or authorise to be submitted, any data or content from our website (or data or content we otherwise give you access to) to any large language models or other machine learning or artificial intelligence platforms, tools, programs, software, operation, and/or similar (AI Programs); and/or

   • use, or authorise to be used, any data or content from our website (or data or content we otherwise give you access to) for any purpose in relation to any AI Programs, including to create, develop, train, and/or otherwise improve any AI Programs and/or for the purposes of generating replicated or derivative content from such AI Programs.

4.3 We maintain the right to immediately terminate your Account in the event that you engage in any of the above Prohibited Conduct.

4.4 Whilst we take no responsibility and accept no liability for any User Content or other content that may appear on or may be shared via the Services, we reserve the right to remove, delete, screen, edit and monitor any User Content or content that is contributed to Mamamia at our sole discretion. 

4.5 You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you Share on or provide to Mamamia. 

5. Use of MOVE Content

5.1 Mamamia operates the MOVE fitness app ("MOVE") as part of the Service. MOVE is a virtual fitness offering designed to provide workouts, exercise recommendations and offer additional fitness-related features. Your use of MOVE is subject to these Terms.

5.2 By using, accessing, carrying out or replicating any of the MOVE content, you agree and acknowledge the following terms of use:

1. Physical exercise involves inherent risk of personal injury, and that risk is accentuated by participation outside the controlled environment of an in-person fitness class. Whilst we take all reasonable care in the content and conduct of MOVE, we accept no responsibility for injury, harm, damage or loss caused during the course of using, accessing, carrying out or replicating any of the content accessed on MOVE; 

2. We do not recommend engaging in any health or fitness activity without appropriate supervision and advice if you are pregnant, medically or physically impaired, or under 18 years of age;

3. You or your legal guardian are responsible for ensuring that you are physically and medically fit to use the MOVE content;

4. While using MOVE content, you must take care at all times of your own personal safety; 

5. While using MOVE content, You must not be intoxicated or under the influence of any substance that may interfere with your mental or physical ability to safely engage in exercise;

6. You must not attempt to use any MOVE content that is beyond your level of ability, training or competence; 

7. If you have any known pre-existing illnesses or health conditions, please first consult a physician before you begin to use any MOVE content or services. This is particularly important if you suffer from any cardiovascular conditions, spinal, skeletal, or joint problems, or any other health limitations that may limit your athletic performance; and 

8. You will immediately stop and not use the MOVE content and services if you experience pain, shortness of breath, nausea or dizziness. Should such circumstances occur, you will seek the advice of a suitably qualified medical professional before you recommence using MOVE, and shall follow all relevant medical advice as appropriate. 

5.3 By using MOVE, you agree to the collection, storage, and use of your personal information and fitness data as outlined in Mamamia's Privacy Policy.

6. Gift Cards

6.1 Gift cards are valid for 36 months from the date of purchase. Any unused balance must be redeemed by the recipient before the 36 month expiry date. 

6.2 Gift cards are valid for redemption for Yearly Subscriptions only and may be purchased online. 

6.3 Gift cards are not redeemable for cash and cannot be exchanged for cash or resold for cash. 

6.4 Certain fees, such as GST and credit card fees, may apply when a gift card is purchased. 

6.5 To redeem your gift card online please enter the gift card number in the payment screen. To redeem your gift card over the phone please quote the gift card number to the customer service assistant prior to payment. 

6.6 If the cost of a Subscription exceeds the redeemable value of the gift card, the redeemer will be required to pay the difference between the purchase price of a Subscription and the value of the gift card.

6.7 If the cost of a Subscription is less than the redeemable value of the gift card, the remaining value of the gift card may be used towards your next Annual Subscription in accordance with these Terms of Use. 

6.8 We may provide gift card purchasers with information about the redemption status of gift cards.

6.9 We do not accept liability for lost or stolen gift cards. Please treat them as you would cash.

6.10 We reserve the right to refuse redemption or terminate a Subscription redeemed by a gift card if we suspect the gift card has been used contrary to these terms of use, fraudulently, or in an unauthorised or illegal manner. 

6.11 We will not refund gift card purchases (unless and to the extent required by law). Upon expiry of the gift card, any unused value remaining of the card cannot be claimed or refunded and will be forfeited. 

7. Suspension and Termination

7.1 Without limiting any other remedy that may be available to us, we reserve the right to terminate your Subscription and your access to the Services at any time, without notice or liability, for any reason, including but not limited to your violation of these Terms of Use. Upon termination, your account and any associated content may be deleted, and Mamamia shall have no obligation to retain or provide you with a copy of such content.

7.2 Without limiting any other remedy that may be available to us, we reserve the right to suspend or terminate your account and your access to the Services without notice if, in our sole discretion:

1. you have breached any of the provisions of these Terms of Service;

2. you have breached or violated any laws, rules, regulations, guidelines or third party arrangements in connection with Mamamia or the Services 

3. a failure by you to satisfy any eligibility or quality criteria required under these Terms of Service or communicated by us from time to time in order to maintain an account or subscription

4. we are of the opinion that discontinuing or terminating your access to Mamamia or the Services is reasonably necessary to protect the personal safety or property of us, our directors, employees, assigns or third parties members; 

5. allegations or charges are made against you in relation to any fraudulent or illegal activities; or

6. we suspend or discontinue the Services or any part thereof. 

7.3 We may discontinue, temporarily or permanently, your access to Mamamia, the Services (or any part thereof) or terminate, suspend or limit your access to your account or subscription, with or without notice, for any of the following reasons (which are not intended to be exclusive):

1. a request by you;

2. requests by law enforcement or other government agencies;

3. discontinuance or material modification to Mamamia or the Services (or any part thereof);

4. technical or security issues or problems; and

5. maintenance periods; or

6. extended periods of inactivity.

7.4 Where appropriate we will give you the opportunity to rectify or resolve any breach or issue before suspending, terminating or limiting your account, subscription or access to the Services, but you acknowledge and agree that if your breach is material or is incapable of being rectified or resolved, we may suspend, terminate or limit your account, subscription or access to the Services with immediate effect.

7.5 We may (but are not obligated to) investigate your access, use or engagement with Services as we deem appropriate and without notice to you, to ensure compliance with any applicable law, regulation, government request or legal process.

7.6 We may store, keep or disclose any information that we collect about you (including personal information) in order to investigate compliance with the Terms of Use or for the purposes of any claim against you, police investigation or governmental request.

7.7 On suspension, termination or limitation of your account, you may not register a new account or the Services through another user’s account.

7.8 You agree that all terminations for cause shall be made at our sole discretion, and we shall not be liable to you or any third party for any termination of your account, subscription or access to the Services.

8. Intellectual Property

8.1 We are the sole and exclusive owner of Mamamia, the Services and MOVE, but not limited to written content, visual or interactive elements, graphics, design, code, audio or video recordings, models, software, reports, copyrights, trade marks, logos, trade names, and other intellectual property rights throughout the world.

8.2 Nothing displayed on Mamamia or via any of the Services should be construed as granting any right of use in relation to any intellectual property displayed on Mamamia without our express written consent.

8.3 We grant to you a non-commercial, non-exclusive, non-transferable, revocable and limited licence to access and use the Services only as permitted by these Terms of Use. You may browse or print the Services for general information purposes, but you may not reproduce, distribute, modify, or create derivative works of any portion of the Service without the prior written consent of Mamamia.

8.4 In particular, you may not use any material on The Mamamia Network or the Services to establish, maintain or deliver, or assist in establishing, maintaining or delivering your own publications, website, network or content.

8.5 You may not share User Content or other content that you did not create or that you do not have permission to Share. 

8.6 The trademarks, logos, and service marks displayed in connection with Mamamia and the Services are the registered or unregistered trademarks of Mamamia. You may not use, reproduce, modify or otherwise exploit our trademarks, whether registered or unregistered, in connection with any product or service, without our express, written consent. You may not use the Services or any content shared via those properties, or our trademarks, logos, and service marks in any manner that may mislead or deceive the public or cause confusion amongst consumers.

8.7 Subject to the rights granted to us in these Terms of Use, you retain full ownership of all of your User Content and any intellectual property rights or other proprietary rights associated with your User Content. By submitting any User Content or other content to Mamamia, you automatically grant, and you represent and warrant that you have the right to grant, to us a perpetual, worldwide, non-exclusive, royalty-free, sub-licensable and transferable licence and right to use, distribute, copy, display, modify, translate, edit, exploit and commercialise that User Content and/or content for any purpose and in any media existing now or in the future in connection with Mamamia or otherwise.

8.8 When you Share User Content, you authorise us to make such copies thereof as we deem necessary in order to facilitate the storage and sharing of the User Content on Mamamia. 

8.9 You waive all moral rights or other similar rights that you may be entitled to under the laws of any and all jurisdictions throughout the world in perpetuity in any content or User Content contributed by you to Mamamia. To the extent that the foregoing waiver is not enforceable in any such jurisdiction, you unconditionally and irrevocably consent, for the benefit of Mamamia and its nominated representatives, to any past, present and future doing of any act or omission in relation to any content or User Content contributed by you to Mamamia that may otherwise infringe or breach such rights.

8.10 If we make content available for sharing or embedding on third party sites, the following terms will apply:

1. such content may not be used for commercial purposes except with our prior written consent, and content may only be shared or embedded in accordance with the functionality made available through the Mamamia Website, the Mamamia Network and/or the Services;

2. no rights whatsoever in any content are granted to you by virtue of our sharing and embedding functions, and we reserve all rights in relation to the content, including the right to delete or remove or to require users to delete or remove shared or embedded content for any reason in our absolute discretion;

3. notwithstanding the terms of this section, we will not necessarily notify you of the decision to delete or remove shared or embedded content;

4. you must display sufficient contact information in order to allow us to make contact or request such removal;

5. if a request is made for you to remove shared or embedded content from your website, platform or application, you must comply promptly, but in any case within one business day of the request being made; 

6. we do not make any warranty, representation or guarantee as to the availability or any quality of service of embedding functionality and may disable the functionality without notice; and

7. To the extent that we have a right to seek a legal remedy in connection with this section, you agree that we will have a right to injunctive relief.

9. Disclaimer and Limitation of Liability

9.1 You acknowledge and agree to use Mamamia (including, without limitation, MOVE) at your own risk.

9.2 To the extent permitted at law we exclude all conditions and warranties relating to your use of Mamamia that are not expressly set out in these Terms of Use.

9.3 Except where specifically set out on Mamamia, all information and material is provided as general information only and should not be taken or relied upon as professional advice. 

9.4 We do not make any representations or warranty that any of the information or other content provided on Mamamia is reliable or accurate or complete and we do not accept any liability arising from errors or omissions. 

9.5 We disclaim and exclude any express or implied warranties or representations, including any warranties as to merchantability or fitness for a particular purpose of Mamamia to the broadest extent permitted by law. We make no warranties or representations, express or implied, as to the timelines, accuracy, quality, completeness or existence of the content and information accessed on Mamamia. We make no warranties or representations, express or implied, for technical accessibility, fitness or flawlessness of the Products.

9.6 We may, from time to time, receive certain benefits or compensation in connection with advertising or making testimonials, statements or recommendations relating to a third party website, service, event or product. We will use reasonable efforts to disclose all paid or sponsored advertising, but you acknowledge and agree that you engage with third parties at your own risk and are solely responsible for your engagement with third party websites, services, events or products.

9.7 We take no responsibility and accept no liability for any content or User Content that is posted on or otherwise communicated to you via Mamamia by any other user, or third party. The information posted in our comments, including advice and opinions, is the responsibility of those users who create the posts and do not necessarily reflect our views. Posts from users may contain medical information that is incorrect or dangerous to you or your children. Please consult your doctor or other qualified professional before relying on any information. 

9.8 Mamamia offers fitness, health and wellbeing information on MOVE which is designed for general education and information purposes only. You should not rely on the information on MOVE as a substitute for professional medical advice, diagnosis, or treatment. Mamamia is not a health care provider and MOVE should not be considered medical advice. We make no guarantee that our workouts or content are in conformity with current research or findings. The use of the information provided on MOVE is solely at your own risk, and is not to be used while driving, operating machinery, or engaging in any activity that requires concentration. 

9.9 To the extent any MOVE content requires any tools or equipment, such tools or equipment are not part of the Service, and, if needed, must be purchased separately at your own cost. If you use any such tools or equipment for exercises, you are fully responsible for making sure that such tools and equipment are properly installed and set up properly.

9.10 Engaging in any fitness, health or wellbeing activity, including those offered on MOVE, carries risk of injury. We do not recommend engaging in any health or fitness activity without appropriate supervision if you are pregnant (including pre-natal and post-natal exercise), medically or physically impaired, or under 18 years of age.

9.11 The Services are provided on an “as is” basis. Mamamia can’t guarantee they will be safe, secure or function properly all of the time. 

9.12 By using MOVE, you accept all responsibility for your physical and mental health and any resultant injury or incident that may affect your or another’s well-being or health in any way. Consult with your physician or health care provider before starting any fitness, health or wellbeing program, or if you have any questions or concerns about your physical or mental health. Do not start a fitness, health or wellbeing program if your physician or healthcare provider advises against it. If you experience faintness, dizziness, pain or shortness of breath at any time while exercising or using any of the Mamamia content, you should stop immediately and seek immediate medical attention. If you experience anxiety, depression, or the worsening of any psychological condition while using MOVE or any of the Mamamia content, you should stop immediately and seek medical attention.

9.13 NOTWITHSTANDING ANYTHING IN THESE TERMS OF USE AND TO THE MAXIMUM EXTENT POSSIBLE AT LAW, WE EXCLUDE ALL LIABILITY:

1. WHATSOEVER IN RELATION TO YOUR USE OF MAMAMIA OR THE SERVICES OR ANY BREACH OF THESE TERMS OF USE;

2. ARISING FROM ANY CANCELLATION, MODIFICATION, ERROR OR INTERRUPTION IN MAMAMIA OR ITS SERVICES, WHETHER CAUSED BY US OR NOT;

3. ARISING FROM ANY DEFECT, CORRUPTION, ATTACK, VIRUS, TROJAN HORSE, INTERFERENCE, HACKING OR OTHER SECURITY OR TECHNICAL INTRUSION IN CONNECTION WITH MAMAMIA OR MOVE;

4. WHATSOEVER IN RELATION TO YOUR RELIANCE ON THE ACCURACY, COMPLETENESS OR PROFESSIONAL SOUNDNESS OF CONTENT MADE AVAILABLE ON MAMAMIA;

5. WHATSOEVER IN RELATION TO ANY LOSS, DAMAGE, CIRCUMSTANCE, CONDITION, OR INJURY INCLUDING PERMANENT INJURY OR DEATH, THAT MAY RESULT FROM YOUR PARTICIPATION IN MOVE. 

10. Liability and Indemnification

10.1 Notwithstanding anything in these Terms of Use, you agree to indemnify us and hold us harmless against any direct or indirect damage, expense, injury, loss, or cost arising from:

1. your use of Mamamia or the Services;

2. your use of and participation in MOVE; 

3. your breach of these Terms of Use and/or any warranty contained therein by you or your representative; or

4. your use of the Services by you on behalf of any other person or provision of any information to any other person.

10.2 To the extent that our liability for breach of any implied warranty or term cannot be excluded by law, our liability will be limited, at our option, to (i) in relation to services, the re-supply of the service or the payment of the costs of having the service re-supplied; or (ii) in relation to goods, the replacement of the goods, supply of equivalent goods, repair of the goods, payment of the cost of having the goods replaced or payment of the cost of having the goods repaired. 

10.3 To the fullest extent permitted by law, Mamamia and its affiliates, officers, directors, employees, agents, and licensors shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses arising out of or in connection with your use of the Service.

11. Trade Promotions and Exclusive Offers

11.1 Mamamia may, from time to time, provide subscribers the chance to take advantage of exclusive giveaways ('Draws'). By subscribing you understand, acknowledge and agree that:

1. by becoming a subscriber you will be automatically entered into any subscriber giveaway unless you have opted out. You can opt out from participating in giveaways by selecting the ‘opt out’ option on any giveaway page, or by emailing [email protected];

2. the Draws may be subject to additional terms and conditions, which will be clearly communicated and accessible to all subscribers participating in the specific Draw, including that such terms will be emailed to you and available to review via individual giveaways pages;

3. winners of the Draws will be selected at random or based on specific criteria outlined in the respective terms and conditions of each Draw;

4. prizes for the Draws may vary and will be determined by Mamamia at our sole discretion;

5. by participating in any Draw, you agree that Mamamia may publicly announce your name as a winner via our website, social media channels, or any other appropriate platform (including as required under any applicable law or regulation);

6. Mamamia reserves the right to modify, suspend, or cancel any Draws at any time and without prior notice, for reasons including, but not limited to, technical difficulties, fraud, or any other unforeseen circumstances;

7. by participating in the Draws, you release Mamamia, its affiliates, partners, and employees from any and all liability arising from your participation or the acceptance, possession, use, or misuse of any prize awarded;

8. Mamamia's decision regarding any aspect of the Draws, including but not limited to the selection of winners, shall be final and binding in all respects and cannot be appealed (to the extent permitted at law); 

9. draws are only open to Australian residents aged 18 years and over at the time of entry, who remain Australian residents for the duration of the relevant period of the Draw. By entering the Draw or by accepting any prize, the subscriber accepts these Terms of Use;

10. to the extent that these Terms of Use, insofar as they apply to any Draws, are inconsistent or conflict with the terms and conditions for a specific Draw, the terms of conditions of the relevant Draw shall prevail;

11. you consider the terms of these Terms of Use to be reasonable and appropriate in light of each party’s interests.

11.2 We may provide Subscribers the chance to take advantage of exclusive subscription offers (“Exclusive Offers”) from time to time. You acknowledge that Subscribers must be an Australian resident and have an Australian residential mailing address to qualify and take advantage of these Exclusive Offers. 

12. Warranty

12.1 You warrant and represent:

1. that you have full authority to enter into these Terms of Use;

2. that you are 18 years or older, or that if you are under 18 years of age, you have first obtained consent from your parent or guardian to access and use the Services;

3. that all User Content and any other content posted or communicated by you via the Services is original to you and will not infringe any rights of any third parties, including, but not limited to infringement of copyright or infringement of moral rights; and

4. that no User Content nor any other content posted or communicated by you via the Services is defamatory, abusive, harassing or an infringement on our rights or a third party’s rights.

5. you have the right to use Your Content and grant us a licence in relation to Your Content in accordance with these Terms of Use;

6. you will not make any statement within or outside of the Services that brings Mamamia, the Services, our clients, affiliates, employees, contractors or assigns into public disrepute;

7. you are not otherwise involved in and have not contributed to, directly or indirectly, any conduct, activity, statements accusation or claims that are prohibited under the Prohibited Conduct section; and

8. to the extent that you have any rights to seek a remedy in the event of a breach of these Terms of Use by us, your sole remedy will be an action at law for damages and you will in no event have a right to injunctive relief; 

9. you consider the terms of these Terms of Use to be reasonable and appropriate in light of each party’s interests.

13. Functionality

13.1 Mamamia may make some of its content available for sharing or embedding on third party sites. Such content may not be used for commercial purposes except with our prior written consent, and content may only be shared or embedded in accordance with the functionality made available through Mamamia. 

13.2 No rights whatsoever in any content are granted to you by virtue of the sharing and embedding functions of Mamamia, we reserve all rights in relation to the content, including the right to delete or remove or to require users to delete or remove shared or embedded content for any reason at our absolute discretion. Users must display sufficient contact information on the relevant website to allow Mamamia to make contact and/or request such removal. However, Mamamia will not necessarily notify users of the decision to delete or remove shared or embedded content. 

13.3 If a request is made to remove shared or embedded content from a third party website, the owner of that website must comply in a timely way, but in any case, within one business day of the request being made. 

13.4 Mamamia does not make any warranty, representation or guarantee as to the availability or any quality of service of embedding functionality and may disable the functionality without notice.

14. Links to Third-Party Websites

14.1 From time-to-time, Mamamia will contain links to third party websites, which are entirely unrelated to Mamamia, and any access or use by you of those third party websites is subject to the terms and conditions and privacy policies applicable to those third-party websites.

14.2 From time-to-time, Mamamia may display third party advertising. By displaying such advertising, we do not in any way represent that we endorse the relevant advertisement, its products, events or services, unless expressly stated. 

14.3 Mamamia does not accept responsibility in connection with any third party website, or any third party advertising, product, event or services, whether endorsed by Mamamia or not. Your engagement with such third party websites or advertised products, events or services is entirely at your own risk. 

14.4 Mamamia does not accept any responsibility for any communications or transactions between you and a third party using Mamamia functionality or for your participation in a third party’s event, competition or activity. 

15.  Confidentiality 

15.1 For the purpose of these Terms of Use, “Confidential Information” means information that is not disclosed to the public, including without limitation, sensitive information about a party’s financial affairs, business plans, clients, works in progress, products or services.

15.2 You agree not to disclose or use any Confidential Information received by you in relation to the Mamamia Website, the Services or the Mamamia Network, without our express written permission, except:

1. as required by law, upon providing notice to us of such disclosure; or

2. to solicitors or other professional advisers to obtain advice.

15.3 You agree not to disclose or use the Confidential Information of any person or third party received as a result of your engagement with the Mamamia Website, the Services or Mamamia Network, without the prior written permission of that third party, except:

1. as required by law, upon providing notice to us of such disclosure; or

2. to solicitors or other professional advisers to obtain advice.

15.4 You agree that the Mamamia Website, the Mamamia Network and the Services contain our confidential and proprietary information and must not be shared or disclosed outside of the Mamamia Network, the Services or your User Account, or to any person that does not have a User Account that permits them to access the Mamamia Network or the Services.

15.5 You agree that the testimonials, statements and experiences of other User Accounts constitutes Confidential Information and should not be disclosed without our express, written consent and the relevant person’s express, written permission.

15.6 To the extent that we have a right to seek a legal remedy in connection with this section, you agree that we will have a right to injunctive relief.

16. Severability

16.1 In the event that any clause or part of a clause is held to be unenforceable, that clause or part of a clause will be severed, and the remaining provisions will remain in full force and effect. 

17. Entire Agreement

17.1 These Terms of Use, together with the Privacy Policy and any additional terms or guidelines provided within the Service, constitute the entire agreement between you and Mamamia regarding your use of the Service and supersede any prior agreements or understandings, whether written or oral. These Terms of Use do not create any relationship of agency, trust or attorney between any persons. The headings and section titles in these Terms of Use are for convenience only and have no legal or contractual effect. 

18.  Modification of these Terms

18.1 Mamamia reserves the right to modify or update these Terms of Use at any time, effective upon their posting on the Mamamia website. Your continued use of the Service after any such modifications shall constitute your consent to the updated Terms.

19. No Waiver

19.1 No waiver of any provision of these Terms of Use will be effective unless agreed in writing between the parties.

20. No Assignment

20.1 You may not assign, transfer or otherwise sublicence your rights under these Terms of Use. 

21. Governing Law

21.1 These Terms of Use are governed by the laws of New South Wales and you hereby submit to the exclusive jurisdiction of the courts of New South Wales and any courts that may hear appeals from those courts in respect of any proceedings in connection with these Terms of Use.

22. Contacting us

22.1 If you have any concerns or complaints about these Terms of Use or you think that Mamamia has been accessed or used by another user in breach of the Terms of Use, please email us at [email protected] and we’ll consider your points and determine whether there are grounds for removing the content or taking any other action. Please note that we will not necessarily contact you about our decision.

23. Intellectual Property Infringement Notification

23.1 If you have a copyright infringement notification that you wish to make us aware of, you will need to identify the material/s that you believe infringe/s your copyright, identify the protected copyright work, identify how the protected copyright work has been or is being infringed and include your contact information. You will need to sign the notice and send it to [email protected].

By using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use.