Terms and Conditions
Last updated: September 11, 2018
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the SmartLoving website, courses and materials (SmartLoving) operated by PMRC (Australia) Inc (“us”, “we”, or “our”).
Your access to and use of SmartLoving is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use SmartLoving. You warrant that you are at least 18-years-old, and you are legally capable of entering into binding contracts. If you are under 18-years-old, you warrant that you have obtained consent from your parent or guardian and they agree to be bound by these Terms on your behalf.
By accessing or using SmartLoving you agree to be bound by these Terms. If you disagree with any part of the terms, then you may not access SmartLoving.
Your use of SmartLoving is at your sole risk. SmartLoving is provided on an “AS IS” and “AS AVAILABLE” basis. SmartLoving is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
PMRC (Australia) Inc its subsidiaries, affiliates, and its licensors do not warrant that a) SmartLoving will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) SmartLoving is free of viruses or other harmful components; or d) the results of using SmartLoving will meet your requirements.
This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, or destruction or unauthorized access or, alteration of or use of record in connection with the use or operation of SmartLoving, whether for breach of contract, tortious behaviour, negligence or any other cause of action.
We make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the content contained on SmartLoving for any purpose. Any reliance you place on such information is therefore strictly at your own risk. We disclaim any express or implied warranty representation or guarantee as to the effectiveness or profitability of SmartLoving or that the operation of our Service will be uninterrupted or error-free. We are not liable for the consequences of any interruptions or error in SmartLoving.
If you wish to purchase any product or service made available through SmartLoving (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases.
We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorised or illegal transaction is suspected.
SmartLoving is not designed to provide qualitative advice regarding the fitness for purpose and merchantability of any products or services. We strongly advise you to exercise caution and do your own due diligence in conducting any transactions through SmartLoving.
Returns, Refunds or Transfers
For returns and refunds, please contact us. We reserve the right to decline returns, refunds or transfers for (i) change of mind, and (ii) dissatisfaction with our products and/or services. Returns of materials must be completed within 30 days of delivery and will only be accepted if the materials are in their original condition. Shipment for returns and refunds are at your expense. Returns, refunds and transfers cannot be processed without a proof of purchase. Administrative fees apply.
Availability, Errors and Inaccuracies
We are constantly updating our offerings of products and services on SmartLoving. The products or services available on our Service may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on SmartLoving and in our advertising on other web sites.
We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
The content is provided without warranties or conditions of any kind either express or implied, including but not limited to implied warranties and conditions of merchantability, fitness for a particular purpose or non-infringement.
Contests, Sweepstakes and Promotions
SmartLoving allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post to SmartLoving, including its legality, reliability, and appropriateness.
By posting Content to SmartLoving, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through SmartLoving. You retain any and all of your rights to any Content you submit, post or display on or through SmartLoving and you are responsible for protecting those rights. You agree that this license includes the right for us to make your Content available to other users of SmartLoving, who may also use your Content subject to these Terms.
You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through SmartLoving does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. Further, you warrant that: (i) the Content will not cause you or us to breach any law, regulation, rule, code or other legal obligation; (ii) the Content will not or could not be reasonably considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy; (iii) the Content will not be unsolicited, undisclosed or unauthorised advertising; (iv) the Content does not contain software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware or telecommunications equipment; and (v): the Content does not bring us or SmartLoving into disrepute.
You agree to keep all records necessary to establish that your Content does not violate any of the requirements this clause and make such records available upon our reasonable request.
We are under no obligation to regularly monitor the accuracy or reliability of your Content incorporated into SmartLoving. We reserve the right to modify or remove any Content at any time.
You acknowledge and agree that all Content you provide on SmartLoving will be publicly available information and you bear the risks involved with such public disclosures.
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
You are responsible for safeguarding the password that you use to access SmartLoving and for any activities or actions under your password, whether your password is with our Service or a third-party service.
You agree not to disclose your password to any third party. You agree to be fully responsible for activities that relate to your account or your password. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
SmartLoving and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of PMRC (Australia) Inc and its licensors. SmartLoving is protected by copyright, trademark, and other laws in Australia. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of PMRC (Australia) Inc. Nothing in these Terms constitutes a transfer of any Intellectual Property rights from us to you.
You are permitted to use SmartLoving only as authorised by us. As a user, you are granted a limited, non-exclusive, revocable, non-transferable right to use SmartLoving to create, display, use, play, and download Content subject to these Terms.
Our Intellectual Property must not be used in connection with a product or service that is not affiliated with us or in any way brings us in disrepute.
You must not modify the physical or digital copies of any Content you print off or download in any way, and you must not use any illustrations, photographs, video or audio, or any graphics separately from any accompanying text.
Any opinions, advice, statements, services, offers, or other information or content expressed or made available by any other users are those of the respective authors or distributors and not of us.
Links To Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by PMRC (Australia) Inc.
PMRC (Australia) Inc has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that PMRC (Australia) Inc shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We only provide links to external websites as a convenience, and the inclusion of such a link to external websites do not imply our endorsement of those websites. You acknowledge and agree that when you access other websites on the Internet, you do so at your own risk.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
Upon termination, your right to use SmartLoving will immediately cease. If you wish to terminate your account, you may simply discontinue using SmartLoving.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection therewith.
If applicable law requires us to provide notice of termination or cancellation, we may give prior or subsequent notice by posting it on SmartLoving or by sending a communication to any address (email or otherwise) that we have for you in our records.
As a condition of your access to and use of SmartLoving, you agree to indemnify us and our successors and assigns for all damages, costs, expenses and other liabilities, including but not limited to legal fees and expenses, relating to any claim arising out of or related to your access to and use of SmartLoving or your breach of these Terms and any applicable law or the rights of another person or party.
This indemnification section survives the expiration of your registration and applies to claims arising both before and after the registration ends.
Limitation of Liability
You agree that we shall not be liable for any damages suffered as a result of using SmartLoving, copying, distributing, or downloading Content from SmartLoving.
In no event shall we be liable for any indirect, punitive, special, incidental or consequential damage (including loss of business, revenue, profits, use, privacy, data, goodwill or other economic advantage) however it arises, whether for breach of contract or in tort, even if it has been previously advised of the possibility of such damage.
In no event shall we be liable for any claims by a third party in tort or contract, or pursuant to the Competition and Consumer Act 2010 (Cth) including, but not limited, to any misleading statements made and/or incorporated into any Content provided by third parties, such as manufacturers and wholesalers, and users of SmartLoving. It is your sole responsibility to ensure the accuracy of the data inputted.
You have sole responsibility for adequate security protection and backup of data and/or equipment used in connection with your usage of SmartLoving and will not make a claim against for lost data, re-run time, inaccurate instruction, work delays or lost profits resulting from the use of SmartLoving. You must not assign or otherwise dispose of your account to any other person.
Without limiting the foregoing, in no event will our aggregate liability to you exceed, in total, the amounts paid by you to us.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
These Terms shall be governed and construed in accordance with the laws of New South Wales, Australia, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have between us regarding SmartLoving.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 15 days’ notice prior to any new terms taking effect.
It is your sole responsibility to periodically check these Terms for any changes. If you do not agree with any of the changes to these Terms, it is your sole responsibility to stop using SmartLoving. Your continued use of SmartLoving will be deemed as your acceptance thereof.
SmartLoving Engaged Online
If your celebrant does not accept the certificate at the end of the Engaged Online course, we will refund the amount paid. Applications for a refund in this case must be submitted via email to [email protected], along with the receipt of purchase, and a written statement by your celebrant.
By completing a purchase of SmartFertility, you agree and understand that SmartFertility will not protect against sexually transmitted diseases and that if used in the prescribed method will reduce or increase the possibility of pregnancy, depending on your intention, but in no way guarantees 100% effectiveness. SmartFertility is a Fertility Management System and not FDA or TGA approved as a Contraceptive method or device, although it is based on the Sympto-Thermal method which is recognised as a method of birth regulation.
Conclusions regarding the reliability of monitoring basal body temperature and cervical fluid are based upon independent studies. Information about some of these studies can be viewed at https://smartloving.org/natural-method-effectiveness/ . All information contained on this website is gathered from various resources. We do not accept liability for claims made by other material resources. The information on this site is not intended to replace professional medical advice.
While there may be information on this website related to certain medical conditions and their treatment, should a medical condition exist, please see your own physician or health provider. If you have health concerns, please consult with your doctor, or other qualified health professional before using any product discussed within this website. As with other forms of birth control, we advise that if this product is used as a method for postponing pregnancy, then there is no 100% guarantee that you will not fall pregnant, or that an unintended pregnancy may still result. You accept this risk when using the product as a form of birth regulation.
No legal action can be brought against PMRC (Australia) Inc for an unintended pregnancy . No damages are able to be claimed by you, or your dependants, against us. PMRC (Australia) Inc excludes all liability as far as the law permits.
When used with the intention to conceive, SmartFertility cannot guarantee conception or a successful delivery. Neither can SmartFertility treat a condition that may be contributing to a couple’s subfertility.
SmartFertility does not and is not intended to be used to prevent or safe guard you against sexually transmitted diseases.
If you have any questions about these Terms, please contact us.