WEBSITE TERMS OF USE

Welcome to Everform Therapywear and RoseMove! We are passionate about inspiring mums and mums to be to live their healthiest and happiest life. We are a maternity activewear brand and an education hub for pregnancy and motherhood information. We also offer a pregnancy exercise program, RoseMove to help you move your way through a healthy, confident and pain free pregnancy. This website (Site) is operated by Everform Therapywear Holdings Pty Ltd (ACN: 672 123 947) (we, our or us). These website terms of use (Terms) apply to your use of, and access to, the Site.

How you consent to these terms of use

If you access and/or use our Site, you are taken to have agreed to these terms of use (Terms). Please read these Terms carefully – if you don’t agree to them, then you must cease using our Site immediately.

Disclaimer

The materials and information including podcasts, blogs, guides, e-books, checklists, videos (Content) on our Site is general in nature and designed for women in good physical health and without any pregnancy risk factors or complications. While we use reasonable attempts to ensure the accuracy and completeness of our Content, we provide our Content in good faith, make no representation or warranty in relation to it, and are not liable for any loss arising from reliance on our Content. You acknowledge and agree that we do not consider all of your personal attributes, specific needs, medical conditions, requirements or circumstances, and in some cases our Content may not be completely accurate or suitable for you.

We do not give medical advice, treatment or diagnoses and you acknowledge and agree that nothing on the Site may be taken to be medical advice, treatment or a diagnosis by us or our representatives, nor are they intended to be a substitute for consulting a medical or health practitioner.

We recommend seeking advice from a medical or health practitioner about any exercise and training plan especially if you have questions or concerns about your health and pregnancy. You acknowledge and agree that you have obtained advice from a medical or health professional and have received clearance to exercise during your pregnancy.

You acknowledge and agree that you will not begin any training program and seek advice from a medical or health professional if you have any absolute contraindications in relation to your pregnancy including ruptured membranes/ premature labour, persistent second or third trimester bleeding, placenta previa, pregnancy induced hypertension (high blood pressure or pre-eclampsia, incompetent cervix, evidence of intrauterine growth restriction, high order pregnancy (i.e. triplets), uncontrolled type 1 diabetes, hypertension, thyroid, other serious cardiovascular, respiratory or systemic disorder.

You acknowledge and agree that you will seek advice from a medical or health professional for guidance on exercising if you have any relative contraindications in relation to your pregnancy including a history of spontaneous abrogation or premature labour, mild or moderate cardiovascular disease or respiratory disease, anaemia or iron deficiency, malnutrition or eating disorder, twin pregnancy after the 28th week of pregnancy, any other significant medical condition.

You acknowledge and agree that you will seek advice from a medical or health professional for guidance on exercising if you have any or develop any of the following symptoms marked fatigue, bleeding from the vagina or spotting, unexplained abdominal pain, sudden swelling of ankles, hands or face, persistent beach aches, swelling, pain or redness in the calf of one leg, unable to feel your baby moving after the 6th month of pregnancy, failure to gain weight after the fifth month of pregnancy

Intellectual Property rights

Unless otherwise indicated, we own or license the Content and all intellectual property rights (including any copyright, registered or unregistered designs, illustrations, artwork, patents or trade mark or logo rights and domain names) displayed or used on the Site (Our Intellectual Property).

We authorise you to access and use the Site solely for your own personal, non-commercial use and to display, print and download the Content onto your personal device provided that you do not remove any copyright notice included in Our Intellectual Property.

You must not use the Site, or any of the Content, for your commercial purposes, including, for example, to advertise your own business or for any other revenue generation activity and you must not use the Site, including the Content, in any way that competes with our business.

Subject to the above, your use of, and access to, the Site and the Content does not grant or transfer to you any rights, title or interest to Our Intellectual Property. Unless otherwise permitted in these Terms, you must not:

copy or use, in whole or in part, any of Our Intellectual Property;
reproduce, retransmit, distribute, display, disseminate, sell, publish, broadcast or circulate any of Our Intellectual Property; or
breach any intellectual property rights connected with Our Intellectual Property, including altering or modifying any of Our Intellectual Property, causing any of Our Intellectual Property to be framed or embedded in another website or platform, or creating derivative works from Our Intellectual Property.

Nothing in the above clause restricts your ability to publish, post or repost Content or Our Intellectual Property on your social media page or blog, provided that:

you do not assert that you are the owner of the Content or Our Intellectual Property;
unless explicitly agreed by us in writing, you do not assert that you are endorsed or approved by us;
you do not damage or take advantage of our reputation, including in a manner that is illegal, unfair, misleading or deceptive; and
you comply with all other terms of these Terms.

Conduct we don’t accept

When you use our Site, we expect you to abide by a certain standard of behaviour. You must not do or attempt to do anything that is unlawful, which is prohibited by applicable law, which we would consider inappropriate or which might bring us or the Site into disrepute. This includes:

anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual's consent) or any other legal rights;
using the Site to defame, harass, threaten, menace or offend any person;
using the Site for unlawful purposes;
interfering with any user of the Site;
tampering with or modifying the Site, knowingly transmitting viruses or other disabling features, or damaging or interfering with the Site, including using trojan horses, viruses or piracy or programming routines that may damage or interfere with the Site;
using the Site to send unsolicited electronic messages;
using data mining, robots, screen scraping or similar data gathering and extraction tools on the Site; or
facilitating or assisting a third party to do any of the above acts.

Content you upload

We encourage you to interact with the Site and with us on social media! You may be permitted to post, upload, publish, submit or transmit relevant information and content (User Content) on the Site. We may run campaigns via the Site and via social media that encourage you to post User Content on social media using specific hashtags (#) (Tag).

If you make any User Content available on or through the Site, including on social media using a Tag, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, adapt, modify, distribute, license, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content on, through or by means of the Site and our social media platforms. We agree to only modify User Content to the extent reasonably required by us]. You may request that any of your User Content is removed from the Site or social media by sending us an email to the address at the end of these Terms. We will endeavour to action any removal requests within a reasonable time.

You agree that you are solely responsible for all User Content that you make available on or through the Site, including on social media using a Tag. You represent and warrant that:

you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content (as contemplated by these Terms); and
neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of our Site (including on social media) will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

We do not endorse or approve, and are not responsible for, any User Content. We may, at any time (at our sole discretion), remove any User Content.

Third party sites

The Site may contain links to websites operated by third parties. Unless we tell you otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. We recommend that you make your own investigations with respect to the suitability of those websites. If you purchase goods or services from a third party website linked from the Site, such third party provides the goods and services to you, not us.

Our liability is limited

You may have certain rights under the Australian Consumer Law in relation to the Site and the Content, and you may contact us for more information about this. Despite anything to the contrary, to the maximum extent permitted by law (including the Australian Consumer Law), we exclude all liability for any loss or damage of any kind (including consequential loss, indirect loss, loss of profit, loss of benefit, loss of opportunity or loss of reputation) whether under statute, contract, equity, tort (including negligence), indemnity or otherwise arising out of or in connection with the Site or the Content.

Privacy

We respect your privacy and understand protecting your personal information is important. Our Privacy Policy (available on the Site) sets out how we will collect and handle your personal information.

What happens if we discontinue the Site

We may, at any time and without notice, discontinue the Site (in whole or in part), or exclude any person from using our Site.

Which laws govern these Terms

These Terms are governed by the laws of Victoria. Each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in Victoria and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts.

Changes to these Terms

We may, at any time and at our discretion, vary these Terms by publishing the varied terms on the Site. We recommend you check the Site regularly to ensure you are aware of our current terms.

For any questions and notices, please contact us at:

Everform Therapywear Pty Ltd ABN 672 123 983

Email: rosie@everformwear.com

Last update: 4th January 2024