Terms And Conditions

Membership terms and conditions

These Terms and Conditions govern the operation and membership of Mums & Co and everyone you know.

Additional terms and conditions may apply to member benefits and to other membership activities. By applying to become a member of the Mums & Co, you are taken to have:

(a) agreed to these Terms and Conditions; and

(b) read and understood our Privacy Policy and Security Statement,

as amended from time to time.

It is a members' responsibility to ensure that they read and understand the applicable Terms and Conditions and Privacy Policy and Security Statement both before applying for membership, and as amended from time to time.

MEMBERSHIP

Eligibility and Applying for Membership

You are eligible to become a member if you are an Australian resident.

You become a member of the Mums & Co when you register for membership on the website and have paid any applicable fees.

Eligibility for membership is at our ultimate discretion.

Access

Members may access their membership benefits by visiting the Mums & Co website using their registered email address and password.

Membership is Not Transferable

Membership and any member benefits are not transferable.

Use of information provided in application

You acknowledge and agree that information collected by us in your application for membership or other information provided by you may be used to offer you other products and services in connection with your membership, including insurance, and that we may contact you to request that you take part in customer experience surveys.

MEMBER OBLIGATIONS

Fees

Members must pay any applicable membership fees in advance and on a monthly basis.  Current membership fees and any promotions or offers are published on the website from time to time and may be changed at any time without notice.

If you become a member and subsequently you or your business takes out a Mums & Co insurance policy, you will not be entitled to a refund of fees that you have paid us and fees applying to persons who hold, or own or operate a business that holds, a Mums & Co insurance policy will apply from the later of:

(a) the date you or your business took out a Mums & Co insurance policy; or

(b) the day after the end of the month that you last paid a membership fee in respect of.

General

Members must act fairly and reasonably in all matters connected with their registration for, and membership of, Mums & Co. This means members:

(a)   must not give us any incorrect or incomplete information in connection with their application or membership and must not impersonate any other person or entity;

(b)   will not in any way sell, barter, attempt to transfer or otherwise deal with any member benefits connected with their membership except as permitted by these Terms and Conditions and will not abuse or misuse any member benefits;

(c)    must comply with the Mums & Co website terms of use and "house rules", that may be amended from time to time, including not engaging in unlawful, inappropriate or abusive conduct while using the website and in accessing any member benefits;

(d)   need to give us information we reasonably request in order to verify eligibility for any member benefits or membership;

(e)   must tell us if any of their personal information changes, as soon as practicable after the change;

(f)     agree to keep their password secure and confidential and not to disclose it to any person;

(g)   must not allow any other person to access or use your membership,

MEMBER BENEFITS

Member benefits available to you are set out on the [insert name] section of this website. Member benefits are made available to you at our sole discretion and may be amended from time to time without prior notice. We may not make certain member benefits available to you where we consider that they would not suit your circumstances.

We are not your agent in anyway, including in respect of member benefits, and we are not agents of any third parties that may offer you member benefits unless otherwise stated.

Use of member benefits

Member benefits must only be used for benefit of you or your business(es).

Member benefits offered by third parties

Member benefits may be offered by third parties and subject to additional terms and conditions.  These terms and conditions may be notified to members on the relevant section of this website, on linked third party websites or in any communication to members (such as an email). We accept no responsibility in relation to any member benefit offered by a third party, including but not limited to if a third party fails to comply with its terms and conditions.

Some member benefits are provided through third parties that have an arrangement with us or another entity in the IAG Group.  These arrangements may be personal to us or entities in the IAG Group and may not be enforceable by you.

We may receive a referral fee where you take advantage of a member benefit.

OUR OBLIGATIONS

We will use reasonable endeavours to:

(a) receive and process memberships;

(b) negotiate benefits for members with third parties or access to some of the IAG Group’s benefits;

(c) make the Mums & Co website available to members, however, the website may not be available when we are conducting maintenance or implementing improvements.

We are not responsible for:

(a) goods or services (including any applicable guarantees under Australian Consumer Law) accessed through or supplied by third parties. You acknowledge and agree that we are not responsible for any member benefits offered or supplied by third parties or the actions or omissions of those third parties;

(b) content created, owned, posted or published by members on the website;

(c) content, created, owned, posted or published by third parties on the website.

FORUM

The Mums & Co forum is also governed by House Rules. All members must comply with these rules when using or posting on the forum.

We take no responsibility for content posted on the forum by members.

We reserve the right to delete posts that we consider breach these terms or the House Rules. We also reserve the right to block or remove you from the forum if you breach these terms or the House Rules.

SUSPENSION AND TERMINATION OF MEMBERSHIP

Termination of Membership by Member

You may terminate your membership at any time by giving written notice to us.

Suspension or Termination of Membership by Us

If your membership has been provided to you because you or your business has taken out a Mums & Co insurance policy, your membership will automatically terminate at the same time that policy is terminated or expires.

We may, acting reasonably, terminate or suspend your membership at any time if you breach these Terms and Conditions (including failure to pay any applicable monthly fees).

In most cases we will endeavour to give you written notice of our intention to terminate your membership and give you at least 14 days to respond to this notice by rectifying the breach (where possible) and providing any reason why we should not terminate or suspend your membership. We will review any reasons given and advise you of our decision.

However, we may immediately suspend or terminate your membership without notice to you if we consider (in our sole discretion) that you have breached these Terms and Conditions by:

(a) selling, bartering, attempting to transfer or otherwise dealing with any member benefits other than in accordance with these Terms and Conditions;

(b) supplying incorrect or incomplete information; or

(c) engaging in unlawful or inappropriate conduct while using the website, including any forums, and in accessing any member benefits.

Termination on Death of Member

Member benefits are personal to the member and will be forfeited automatically on the death of the member.

Effect of Termination of Membership

Your access to Mums & Co and the website will be closed and all member benefits associated with Mums & Co will cease once your membership is terminated.  Any fees already paid by you will not be refunded.

CHANGES TO THE TERMS AND CONDITIONS

We can make changes to any aspect of Mums & Co and these Terms and Conditions at any time by updating this website or by notice to members’ postal or email address. We do not have to give members any other notice of changes, even if the changes affect or remove features of Mums & Co. However, we will try to give members reasonable notice of changes which are materially detrimental to the membership as a whole, or if we introduce or change any fees.

You may terminate your membership by giving us written notice if you do not agree to changes. Membership fees already paid will not be refunded.

TERMINATION OF OR CHANGES TO MUMS & CO AND WEBSITE

We do not guarantee that Mums & Co will continue to be available to members, or that any features of Mums & Co or this website (including member benefits) will continue indefinitely.

We may terminate all or part of Mums & Co, including this website, member benefits and the Terms and Conditions. We will give members at least 30 days’ notice of termination.

LIABILITY

Limitation of Liability

AssureMe and its related bodies corporate and their officers, employees, directors and agents exclude all liability for any loss, damage, claim or expense (including but not limited to indirect, incidental, special, punitive or consequential liability, economic loss, loss of profits and loss of opportunity) you may incur or suffer that arises directly or indirectly out of the Terms and Conditions or member benefits (regardless of whether we have any control over circumstances giving rise to the claim or not), including termination or suspension of your membership. This applies even if we have been informed that the liability, loss, damage or expense will or may result.

AssureMe and its related bodies corporate and their officers, employees, directors and agents disclaim all warranties, express or implied, in connection with your membership and member benefits.

Australian Consumer Law

You may have certain rights under the Australian Consumer Law.  Nothing in the Terms and Conditions operates to limit or purports to limit any rights you have under the Australian Consumer Law and which cannot be contracted out of (including any State or Territory consumer protection legislation).

CONTACT BETWEEN US AND MEMBERS

If we need to notify you, we can do so by sending you a communication to any address (including email) you provide us. We are not responsible for updating your addresses for communication.

Any electronic communication sent will be taken to be received on the following working day.

GOVERNING LAW

These Terms and Conditions are governed by the law of New South Wales, Australia. The parties submit to the non-exclusive jurisdiction of its courts and courts of appeal from them. The parties will not object to the exercise of jurisdiction by those courts on any basis.

MISCELLANEOUS

Your membership is conditional upon you agreeing to be bound by the various limitations and obligations in these Terms and Conditions and you agreeing to our Privacy Policy. This is whether or not the Terms and Conditions are enforceable against, or voidable by, you.

A party may exercise a right, power or remedy at its discretion, and separately or concurrently with another right, power or remedy.  A single or partial exercise of a right, power or remedy by a party does not prevent a further exercise of that or of any other right, power or remedy and failure by a party to exercise, or delay by a party in exercising, a right, power or remedy does not prevent its exercise. Except where expressly stated to the contrary in the Terms and Conditions, the rights of a party under the Terms and Conditions are cumulative and are in addition to any other rights available to that party whether those rights are provided for under the Terms and Conditions, or by law.

Each provision of the Terms and Conditions is individually severable. If any provision is or becomes illegal, unenforceable or invalid in any jurisdiction, it shall be read down to the extent necessary to make it legal, enforceable and valid and to the extent it cannot be read down it is to be treated as being severed from the Terms and Conditions. The rest of the Terms and Conditions will not be affected. The legality, validity and enforceability of the provision in any other jurisdiction will not be affected.

We may delegate or sub-contract any of its obligations under this document without notice.

INTERPRETATION

In the Terms and Conditions, unless the context otherwise requires:

(a) “AssureMe”, “we”, “our” or “us” means AssureMe Pty Limited ACN 612 773;

(b) “IAG Group” means Insurance Australia Group Limited and its related bodies corporate (as defined in the Corporations Act 2001 (Cth);

(c) “member” or “you” means a person that has been accepted as a member of Mums & Co by us in accordance with these Terms and Conditions;

(d) “Mums & Co” means the trading business of AssureMe operating under the name “Mums & Co” or “Mums & Company”;

(e) Mums & Co insurance policy means a Mums & Co branded insurance policy that is underwritten by Insurance Australia Limited trading as CGU Insurance ABN 11 000 016 722;

(f) “Personal Information” has the meaning given to it in the Privacy Act 1988;

(g) “website” or the “Mums & Co website” means all web pages located on the www.mumsandco.com.au domain name;

(h) Where a word or phrase is given a defined meaning another part of speech or other grammatical form in respect of that word or phrase has a corresponding meaning.

(i) A word which indicates the singular also indicates the plural, a word which indicates the plural also indicates the singular, and a reference to any gender also indicates the other genders.

(j) A reference to any agreement or document is to that agreement or document as amended, novated, supplemented or replaced from time to time.

(k) A reference to “dollars” or “$” means Australian dollars and all amounts payable under these Terms and Conditions are payable in Australian dollars, unless otherwise specified.

(l) A reference to the word “include” or “including” is to be interpreted without limitation.

(m) A reference to a clause, part, schedule or attachment is a reference to a clause, part, schedule or attachment of or to the Terms and Conditions.

(n) a reference to any law or legislation or legislative provision includes any statutory modification, amendment or re-enactment, and any subordinate legislation or regulations issued under that legislation or legislative provision, in either case whether before, on or after the date of the Terms and Conditions.

(o) a reference to a business day means a day other than a Saturday or Sunday on which banks are open for business generally in New South Wales. A term of the Terms and Conditions which has the effect of requiring anything to be done on or by a date which is not a business day must be interpreted as if it required it to be done on or by the next business day.

Website Terms of Use

Your access and use of this website constitutes your agreement to these Terms of Use.

"This website" means all web pages located on the www.mumsandco.com.au domain name. “AssureMe”, "we", "our" and "us" refers to AssureMe Pty Limited ACN 612 773 761 and its related entities. "You" and "your" refers to the person accessing and using this website.

This website is the website of AssureMe.

Your access and use of this website is governed by these Terms of Use, your Membership Terms and Conditions and the Privacy & Security Statement. By accessing and using this website you acknowledge and accept that you are bound by these Terms of Use and the Privacy & Security Statement.

If you contravene these Terms of Use, AssureMe reserves the right to terminate your access to these services in its sole discretion, without prejudice to any other rights that it may have.

Intellectual Property

The Mums & Co marks are trade marks of Insurance Australia Limited trading as CGU Insurance ABN 11 000 016 722 that are licensed to AssureMe. All trade names, trade marks and other product and service names, logos and other material displayed on this website are proprietary to their respective owners and protected by applicable trade mark and copyright laws. You may only use such marks with the express permission of the relevant owner.  Nothing contained in this website gives you any licence or right to use these marks.

You also must not use any content in a way that contravenes applicable intellectual property rights.

Content

The information contained on this website may not be accurate or up to date in all respects. We do not warrant the accuracy or completeness of any information contained on or linked to this website.

Contributing Content

If you contribute any content to this website, you represent and warrant that:

  1. you are the owner of that content, or have express authority from the owner of that content, to submit, post or display that content and that you have all rights necessary to grant any licences set out in these Terms of Use; and
  2. that your contribution does not infringe or violate any third party’s rights, including intellectual property, confidential and privacy rights.

If you contribute content that you own on this website, you will retain ownership of that content.  However, by  contributing content on or through the website, you grant us a worldwide, non-exclusive,  royalty-free licence (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, create derivative works of and distribute such content in any and all media or distribution methods (now known or later developed).

You must not contribute any content that:

  1. is protected by intellectual property rights unless you have express consent from the owner of that content.  You will be liable for any losses or damages (whether direct or indirect) from any infringement or violation of a third party’s intellectual property;
  2. promotes or relates to third party surveys, contests, pyramid schemes, chain letters, unsolicited emailing or spamming via the website;
  3. breaches any applicable law, regulation or order of a judicial or regulatory body;
  4. is defamatory, offensive or inappropriate (as determined by us in our sole discretion);
  5. is false or misleading.

You also agree that we may, in our sole discretion, remove content that you contribute.  We may do this where we consider that your content breaches these Terms of Use or your membership Terms and Conditions. However, we have no obligation to remove any content or to monitor member content.

Member and third party content

We make no representations about member content or content created or contributed by third parties, including but not limited to representations about the accuracy or reliability of that content.  

We do not endorse, recommend or make any representations in respect of and are not responsible for any member or third party content.  We are not liable to you, or any business you are associated with, for any loss or damage caused by your reliance on such content.
AssureMe expressly disclaims that it operates any website other than this website. This website may contain links to third party websites.

No advice

Content contributed by members or third party contributors is not a substitute for professional advice.  Members should seek professional medical, tax, legal and other advice for their particular circumstances.

Prohibited activities

You must not use the website in any way that is prohibited by these Terms of Use.

In addition to any other prohibitions set out in these Terms of Use, each of the following activities are prohibited:

  1. use of any type of data accumulation tool, robot, or spider to compile, disseminate, extract, process, reproduce, or repackage in any form or monitor any of the web pages, content, data or information contained within or accessible through this website.
  2. to accumulate or combine the content, data or information contained or accessible through this website with content, data or information from any third party, without AssureMe's prior written permission.
  3. use of high-volume, automated or systematic processes to obtain data or other information from this website.
  4. compiling, repackaging or disseminating any information or data from this website.
  5. accumulating data or information from this website whether or not using any automatic or manual process.
  6. use of any type of device, process, routine or software either systematically or non-systematically to interfere or attempt to interfere with the functioning of this website or any transaction or process conducted on or through this website.
  7. to use or reproduce any information or data from this web site other than as specifically permitted by these Terms of Use.
  8. to incorporate into or store any information or data from this website in any other website, electronic retrieval system, database, publication or other work in any form, other than as specifically permitted by these Terms of Use.
  9. combining or processing any data or information from this website with other data or information other than as specifically permitted by these Terms of Use.
  10. creating a link to this website from another website without AssureMe’s prior written permission.
  11. using this website other than as specifically permitted by these Terms of Use.
  12. any use of this website for an unlawful purpose or activity.
  13. either yourself or through a third party changing, modifying, reproducing, or creating any works derived from this website, or displaying in public, any part or content of this website without AssureMe’s prior written permission or unless you have a non-excludable legal right to do so;
  14. uploading, posting, emailing or transiting material or code that contains viruses or other computer codes, files or programs designed to interrupt, limit or destroy the functionality of other computer software or hardware or to utilise other computer systems for improper purposes or without authorisations.

Managing Mums & Co membership and insurance policies online

You may view and manage certain details relating to your Mums & Co membership and Mums & Co insurance policies linked to your membership. By using the website for this purpose, you warrant to us that you are authorised to manage such details.

Electronic transactions

Any transactions performed by you will not be complete until we receive and process your "Confirmation". Your Confirmation means any communication issued or transmitted by you to us via the website or other electronic means which contains your acceptance in relation to our offer, or your confirmation of payment, whichever applies.

Your Confirmation may not be received by us for various reasons and you acknowledge that we are not liable to you in any way for loss or damage, howsoever caused, directly or indirectly, in connection with the transmission of your Confirmation.

To the maximum extent permitted by law we exclude liability (including for negligence) to any person arising directly or indirectly from accessing, using or being unable to access or use, the information or data provided by the website.

Other important information

We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with your use of this website or any third party content or linked websites.

We may change these Terms of Use at any time without notice to you.

The information on this website is provided for Australian residents only, and where indicated, may be limited to specific states and territories of Australia. The law applicable in the State of New South Wales will apply to this website.

If you breach these Terms of Use, you agree to indemnify us for any loss that we may suffer or any costs that may be incurred from your breach.

Any failure by us to exercise any right, power or remedy under these Terms of Use shall not operate as a waiver of our rights.

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