Mumblings

Terms and Conditions

This page outlines the Terms and Conditions of Use (“Terms”) for using Mumblings.com.au.

This website is provided solely to assist customers in gathering information on, posting opinions of, and searching for businesses and services specifically for babies and young children and for no other purposes.

For the purpose of these Terms Mumblings.com.au is referred to as the “Site”. You agree to these Terms when you use Mumblings.com.au, so read them carefully before using the Site.

These Terms, together with the Privacy Policy, explain your use and access of Mumblings.com.au. They also tell you about how we manage the information you give us.

But first, some definitions…

  • “You” and “your” mean a user of the Site.
  • A “user/s” is someone who in any way interacts with the Site (this can, but is not limited to people who view the site, or register as a member).
  • “Site” refers to Mumblings.com.au.
  • “User content” refers to content produced and published by users of the Site.
  • A “subscriber/s” is specifically someone who has subscribed through the Site in a paid capacity or as a free member.
  • A “paid subscriber/s” is someone who has subscribed through the Site in a paid capacity.
  • “We”, “us”, and “our” refer to Mumblings.
Acceptance Of Terms

By accessing the Site, viewing any content or using any services available on the Site you agree to be bound by these Terms as well as the Privacy Policy.

Together with the Privacy Policy, these Terms supersede any proposal or prior agreement oral or written and any other communications between us relating to the subject matter of these Terms.

By using mumblings.com.au you are agreeing to these Terms and Conditions and Privacy Policy.

Changes to Terms

We can amend these Terms at any time and will update these on the Site in the event of any such amendments.  It is your sole responsibility to check Mumblings.com.au from time to time to view any such changes to the Terms. If you continue to use Mumblings.com.au, you agree to our revisions to these Terms and Conditions. No purported waiver or modification of this Agreement by Mumblings via telephonic or email communications shall be valid.

Services

The Site allows members to read, rate and write reviews about Australian businesses and services for children, post and respond to reviews, read and comment on blogs.

Published content can be viewed by all users including the general public.

The Site allows paid subscribers to view and update their personalised profiles, respond to reviews, read and comment on blogs, and access information that relates to their services.

We reserve the right to manage content published on the Site.

Subscriber Accounts

If you register as a subscriber of the Site, you will create a personalised account which includes a unique username and a password for access. You will need to provide certain information about yourself to do this. Please refer to our Privacy Policy. The information must be complete and accurate. You may not impersonate or register on behalf of someone else or provide information that is intentionally misleading.

Some professional bodies/associations do not permit their members to associate themselves or use testimonials as a means of advertising. Please be aware of this and refer to your professional body/association for more information. Mumblings accepts no responsibility or liability for damages incurred as a result of professional misconduct.

People will need to register on their own behalf to generate content based on their own perspective/experience. You can not write something on behalf of another person or based on something you think they might say.

Eligibility

You need to be at least 13 years old and a resident of Australia to register as Member on the Site.

You agree to notify us immediately of any unauthorised use of your password and/or account. We will not be responsible for any liabilities, losses, or damages arising out of the unauthorised use of your member name, password and/or account.

Restrictions to Use and Conduct

Content Use

You, not we, are solely responsible for your account and the activity that occurs while signed in to or while using your account. This includes any disclosure by you of information that makes you personally identifiable. (See our Privacy Policy)

  • You agree that you will be liable and will not under any circumstances:
    • Post any content that is abusive, threatening, obscene, defamatory, libellous, or racially, sexually, religiously, or otherwise objectionable and offensive;
    • Use Mumblings.com.au for any unlawful purpose or for the promotion of illegal activities;
    • Attempt to, or harass, abuse or harm another person or group;
    • Provide content that breaches copyright or any other intellectual property or proprietary right;
    • Use another user’s account without permission;
    • Interfere or attempt to interfere with the proper functioning of Mumblings.com.au

We have the right to determine whether any of your User Content submissions are appropriate and comply with these Terms, remove any and/or all of your submissions, and terminate your account with or without prior notice.

Conduct

You will not

  •  make any automated use of the system, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
  •  bypass any robot exclusion headers or other measures we take to restrict access to Mumblings.com.au or use any software, technology, or device to scrape, spider, or crawl Mumblings.com.au or harvest or manipulate data;
  •  publish or link to malicious content intended to damage or disrupt another user’s browser or computer.

At our discretion, we, or technology we employ, may monitor and/or record your interactions with Mumblings.com.au.

Online Content Disclaimer

Opinions, advice, statements, offers, or other information or User Content made available through Mumblings.com.au, but not directly by Mumblings, are those of their respective authors. Such authors are solely responsible for such content.

Mumblings does not endorse or guarantee the accuracy, completeness, or usefulness of any information on Mumblings.com.au that is made by any party other than Mumblings.

Mumblings takes no responsibility and assumes no liability for any User Content published or directed to via Mumblings.com.au.

Under no circumstances will Mumblings be responsible for any loss or damage resulting from anyone’s on information or other content posted on Mumblings.com.au, or transmitted to users.

We take no responsibility and assume no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is Mumblings liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, Mumblings is not liable for any statements, representations or content provided by its Users in any public forum, service listing page, or other Interactive Area (including but not limited to, comment areas, reviews, ratings, blog, and forum). Although Mumblings has no obligation to screen, edit or monitor any of the Content posted to or distributed through any Interactive Area, we reserve the right, and have absolute discretion, to remove, screen, translate or edit without notice any content posted or stored on the site at any time and for any reason, or to have such actions performed by third parties on its behalf, and you are solely responsible for creating backup copies of and replacing any Content you post or store on this Site at your sole cost and expense.

You must indemnify us for any damages, costs and related losses incurred, directly or indirectly, as a result of your failure to comply with these terms and conditions.

If, on the basis of User Content, we form the view that an offence of any nature involving any person may have occurred, we reserve the right to report the matter to the appropriate authorities.  You expressly waive any right to privacy in such circumstances and you expressly consent to us disclosing such information, whether or not it is in your interests or for your benefit that we do so.  This is a right which would only be exercised at our discretion and in what we consider to be appropriate and compelling circumstances.  At the same time, we give no undertaking whatsoever, and accept no responsibility whatsoever, to necessarily report suspected offences or to take any other action in this regard.

Ownership

The user content published belongs to the publisher/author. Content published by or authored by us, belongs to us. This includes, but is not limited to:

  •  Software, computer code, products, aggregate user review ratings, content generated by us, and all other elements and components of the Site.
  • Graphics, visual interfaces, interactive features, design, compilation.

This excludes User Content developed by you, and Third Party Content.

We also own the copyrights and other intellectual and proprietary rights throughout the world associated with Mumblings.com.au.

Intellectual Property

You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to Mumblings.com.au, including applicable copyrights, trademarks and other proprietary rights. Other product and company names that are mentioned on Mumblings.com.au may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you under this Agreement.

Communications made through Mumblings.com.au’s e-mail and messaging system will not constitute legal notice to Mumblings or any of its officers, employees, agents or representatives in any situation where notice to Mumblings is required by contract or any law or regulation.

The Content and the Site are protected by copyright and laws. As such, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the Mumblings.com.au. Content in whole or in part except as expressly authorised by us.

Though Mumblings strives to enforce these Terms, you may be exposed to User Content that is inaccurate or objectionable.

Mumblings reserves the right, but has no obligation, to

  •  monitor the materials posted in the public areas of Mumblings.com.au
  •  limit or deny a user’s access to Mumblings.com.au
  •  take other appropriate action if a user violates these Terms or engages in any activity that violates the rights of any person or entity or which we deem unlawful, offensive, abusive, harmful or malicious.
  •  Remove any such material that in its sole opinion violates, or is alleged to violate, the law or this agreement or which might be offensive, or that might violate the rights, harm, or threaten the safety of users or others.

Note: E-mails sent between you and other participants that are not readily accessible to the general public will be treated by us as private to the extent required by applicable law.

Unauthorised use may result in criminal and/or civil prosecution under Federal, State and local law. If you become aware of misuse of our Service, please contact us at contact@mumblings.com.au.

Links to Other Sites and/or Material

As part of Mumblings.com.au, Mumblings may provide you with convenient links to third party website(s) (“Third Party Sites”) as well as content or items belonging to or originating from third parties (the “Third Party Applications, Software or Content”). These links are provided as a courtesy to Mumblings.com.au users. Mumblings has no control over Third Party Sites and Third Party Applications, Software or Content or the promotions, materials, information, goods or services available on these Third Party Sites or Third Party Applications, Software or Content. Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by Mumblings.

Mumblings is not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content.

Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by Mumblings. If you decide to leave Mumblings.com.au and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our Terms and policies no longer govern.

You should review the applicable Terms and policies, including privacy and data gathering practices, of any Site to which you navigate from the Site or relating to any applications you use or install from the Site.

Copyright Complaints and Copyright Agent
  1. Termination of Repeat Infringer Accounts. Mumblings respects the intellectual property rights of others and requests that the users do the same. Mumblings may terminate access for participants or users who are found repeatedly to publish protected third party content without necessary rights and permissions.
  2.  If you are a copyright owner or an agent thereof and believe, in good faith, that any materials provided on Mumblings.com.au infringe upon your copyrights, you may submit a notification to Mumblings via email at contact@mumblings.com.au Subject Line “Copyright Notification”. Ensure contact details are provided and a designated representative will contact you for details of the copyright notification.
  3.  Counter-Notices. If you believe that User Content has been removed from the Site and it is not infringing, or that you have the authorisation from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your User Content, you may send a counter-notice to contact@mumblings.com.au so we can investigate. In the subject line write “Counter-Notice”.

If a counter-notice is received by Mumblings, we may send a copy of the counter-notice to the original complaining party informing such person that it may reinstate the removed content in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be reinstated on Mumblings.com.au in 10 to 14 business days or more after receipt of the counter-notice.

If you’ve seen something that you think breaks copyright laws, contact us at contact@mumblings.com.au so we can check it out.

If we’ve taken down information because of copyright issues and you don’t agree with us, please contact us at contact@mumblings.com.au so we can check it out.

Licence Grant

By posting any User Content via Mumblings.com.au, you expressly grant, and you represent and warrant that you have a right to grant, to Mumblings a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, if applicable, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with Mumblings.com.au.

User Consent to Receive Communications in Electronic Form

For contractual purposes, you (a) consent to receive communications from Mumblings in an electronic form via the email address you have submitted; and (b) agree that all Terms of Use, agreements, notices, disclosures, and other communications that Mumblings provides to you electronically satisfy any legal requirement, as would satisfy if it were in writing.

We may also use your email address to send you other messages, including information about Mumblings and special offers. You may opt out of this by unsubscribing via the link in our newsletter, or by emailing us at contact@mumblings.com.au. Opting out may prevent you from receiving messages regarding Mumblings or special offers.

Limitation of Damages; Release

To the extent permitted by applicable law, in no event shall Mumblings, its affiliates, Directors or employees, or its licensors or partners be liable to you for any loss of profits, use, or data, or for any incidental, indirect, special, consequential or exemplary damages, however arising that result from a) the use, disclosure, or display of your User Content; b) your use or inability to use Mumblings.com.au; c) Mumblings.com.au generally or the software or the systems that make Mumblings.com.au available; or d) any other interactions with Mumblings or any other user of Mumblings.com.au, whether based on warranty, contact, tort (including negligence) or any other legal theory and whether or not Mumblings has been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose. Some jurisdictions limit or do not permit disclaimers of liability, so this provision may not apply to you.

If you have a dispute with one or more users, businesses, service providers or a merchant of a product or service that you review using Mumblings.com.au, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If any arguments or disputes arise between you and another user or service provider, it’s up to you and them to work it out.

General Terms

If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed consistent with applicable law. The remaining portions will remain in full force and effect. Any failure on the part of Mumblings to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.

You agree that any cause of action related to or arising out of your relationship with Mumblings must commence within ONE year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

These Terms of Use and your use of Mumblings.com.au are governed by the federal and state laws of Australia and its states and territories, without regard to conflict of law provisions.

Mumblings may assign or delegate these Terms and Conditions and/or Mumblings’ Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Policy without Mumblings’ prior written consent, and any unauthorised assignment and delegation by you is void.

Warranty Disclaimer

Mumblings is provided “as is” without warranty of any kind. Without limiting the foregoing, we expressly disclaims all warranties, whether express, implied or statutory, regarding Mumblings.com.au including without limitation any warranty of merchantability, fitness for a particular purpose, title, security, accuracy and non-infringement. Without limiting the foregoing, we make no warrant or representation that access to, or operation of Mumblings.com.au will be uninterrupted or error free. You assume all responsibility and risk of loss resulting from your downloading and/or use of files, information, content or other material obtained from us. Some jurisdictions limit or do not permit disclaimers of warranty, so this provision may not apply to you.

Content Guidelines

Please read these guidelines carefully. Before we publish a review, our team checks it against these guidelines. This means it can take some time before we publish what you write (typically 24 hours, but sometimes more).

Privacy

Your privacy and the privacy of others is important. Avoid identifying individuals in your reviews (this includes names or any information that could reasonably be used to identify an individual) if you do not have their explicit consent. If you are talking about an experience that involves a particular worker, we ask that you write your review to reflect the experience without naming or identifying them.

Be helpful!

Your reviews have the power to influence others. It’s important that you talk about real experiences and examples so that your review is reliable and authentic. This is especially important if you have had an experience that is not positive.

Keep your reviews relevant and the information true to your experience.

Things we don’t publish

While we aim to make sure everyone has the opportunity to share their experience, we need to meet some standards and guidelines too! Therefore there’s a few things we won’t publish:
• Swearing or language that may be seen to be offensive, harassing, or harmful
• Accusations of criminal conduct
• Reviews that are political in nature, this includes reviews that are about your political view/s or systems outside the service being reviewed
• Reviews that are irrelevant to the service being reviewed
• Other people’s names, including workers
• Reviews that may negatively affect the reputation of specific individuals
• Reviews of services received over a year prior to review
• Rumours or information that is not the direct experience of the reviewer
• Multiple reviews on the same service about the same issue
• Reviews of your own organisation
• Reviews that contain proven factual inaccuracies/misleading information
• Reviews intended to harm a competitor
• Other comments that we deem inconsistent with spirit and intent of Mumblings

How we moderate

If we notice or question whether your review fits our guidelines, we will do our best to get in contact with you to help you edit or rewrite your review. If we can’t get in contact with you, we may:
• Not publish the review
• Edit out the parts of the review that don’t meet our guidelines, while keeping the helpful bits of the review

We reserve the right to apply these guidelines to all reviews at our discretion. This includes reviews that have already been published. If we remove or change your review please contact us.

What if we’ve already published the review?

Sometimes we become aware that reviews already published aren’t consistent with our guidelines. In those circumstances we will:

    • Temporarily remove your review from the website
    • Contact you to let you know
    • Help you edit or re-write your review if you need
    • Once it meets the guidelines, we’ll re-post your review