‍1. PARTIES 

These Terms govern the relationship between Tamie Pty Ltd ABN 46 693 115 374 t/a Tamie Mums (we, us and our) and the customer purchasing and booking a Program (you and your). 

2. TERM

These Terms apply from the Commencement Date until the End Date. 

3. PLACING AN ORDER AND ITS ACCEPTANCE  

1. To purchase and book a Program, you must follow the online booking and payment process on our Site. Each order submitted by you (Order) constitutes an offer to purchase a Program in accordance with these Terms. You are responsible for ensuring that all details in your Order are complete, current and accurate before confirming your purchase. Bookings are allocated on a first-come, first-served basis and are subject to availability. 
2. You must be at least 18 years of age to place an Order. Participation in a Program is limited to individuals aged 16 years and over. If the participant is aged 16 or 17 years, a parent or legal guardian must place the Order on the participant’s behalf and, by doing so, agrees to be bound by these Terms and accepts full responsibility for the participant’s participation in the Program. We may require written confirmation of parental or guardian consent prior to or during the Program. 
3. Once you submit your Order and payment is successfully processed, you will receive an automated email confirmation from us confirming your booking (Order Confirmation). 
4. The Order Confirmation constitutes our acceptance of your Order and a binding contract between you and us comes into existence at the time the Order Confirmation is sent to you (Commencement Date). The contract will relate only to the Program specified in the Order Confirmation. 
5. If we are unable to supply you with the Program for any reason, we will notify you as soon as reasonably practicable that your Order has been cancelled and we will refund payments to you in accordance with our Cancellation and Refund Policy [hyperlink]. 

4. CANCELLATION AND REFUND 

Our Cancellation and Refund Policy [hyperlink] forms part of these Terms and applies to all Programs. By booking and purchasing a Program, you acknowledge that you have read and agree to our Cancellation and Refund Policy, as updated from time to time. Nothing in these Terms or the Cancellation and Refund Policy is intended to exclude, restrict or modify any rights you may have under the Australian Consumer Law. 

5. OUR PROGRAMS 

Any description, images, videos or illustrations on our Site are published for the sole purpose of giving an approximate idea of the Program only. The actual content, format, timing and/or instructors of the Program may vary. We will use reasonable efforts to provide the Program as described, and will notify you as soon as reasonably practicable of any significant changes to the Program, including changes to the date, time or location. 

6. YOUR OBLIGATIONS 

1. You must behave respectfully and follow the instructions of Program facilitators. We reserve the right to remove you from a Program session for unsafe, disruptive or inappropriate behaviour without refund.
2. You acknowledge that participation in the Program is at your own risk. You are responsible for your own health, safety, and wellbeing, as well as the health and safety of any children in your care who participate in the Program.
3. You must follow all instructions and safety guidelines provided by our employees, representatives and Contractors. 
4. You must inform us of any medical condition, injury, allergy, or other circumstance that may affect your ability, or your children’s ability, to safely participate in the Program.
5. You are responsible for supervising your own children during the Program and when on the Premises, unless supervision is provided as part of the Program.
6. You agree to take reasonable care for your own safety and the safety of others during the Program and when on the Premises.

7. DISCLAIMER 

1. Our Programs are delivered in a group session format, and may include guest speakers who are health professionals (including, but not limited to, midwives, lactation consultants, occupational therapists, dieticians, physiotherapists and psychologists) or instructors (including, but not limited to, sensory play instructors, yoga instructors and music instructors). 
2. Any information, guidance or advice provided during the Program is intended for general educational purposes only and is not a substitute for professional, personalised advice. You should seek your own personal, medical, health and professional advice. 
3. We, our employees, representatives and Contractors accept no responsibility or liability for any reliance on information provided during the Program. Participation in the Program is at your own risk, and any decisions you make based on the information provided during the Program are your responsibility. 
4. Nothing in this clause is intended to exclude, restrict or modify any rights you may have under the Australian Consumer Law. 

8. LIMITATION OF LIABILITY 

1. Nothing in these Terms limits or excludes our liability: 
   
   1. for death or personal injury caused by our negligence or wilful misconduct or that of our employees, as applicable; 
   2. for fraud or fraudulent misrepresentation by us or our employees, as applicable; or
   3. where liability cannot be limited or excluded by applicable law. 
2. Subject to clause 8(a), we will not be liable to you, whether in contract, tort (including negligence) or otherwise, for any special, indirect or consequential loss arising under or in connection with these Terms, including any loss of profits, loss of sales or business, loss of production, loss of agreements or contracts, loss of business opportunity, loss of anticipated savings, loss of or damage to goodwill, loss of reputation, loss of use or corruption of software, data or information. 
3. Subject to clause 8(b), our maximum aggregate liability to you for any loss or damage or injury arising out of or in connection with the supply of a Program under these Terms, including any breach by us of these Terms however arising, in tort (including negligence), under any statute, custom, law or on any other basis, is limited to the amount paid by you for the Program the subject of these Terms. 
4. Nothing in this clause is intended to have the effect of excluding, restricting or modifying any rights you may have under the Australian Consumer Law. 
5. If we are liable to you in relation to a failure to comply with a guarantee that applies under the Australian Consumer Law that cannot be excluded, our total liability to you for that failure is limited to, at our option, the resupply of the Program or the payment of the cost of resupplying the Program. 
6. Nothing in these Terms limits or affects the exclusions and limitations set out in our Website Terms and Conditions [link]. 
7. This clause 8 survives termination of these Terms. 

9. PRIVACY 

1. This clause applies to any personal information you provide to us when booking, paying or participating in a Program. 
2. By booking and paying for a Program, you consent to our collection, use and disclosure of your personal information in accordance with our Privacy Policy [hyperlink]. 
3. For details about how we collect, hold and use your personal information please see our Privacy Policy [hyperlink] which forms part of these Terms. 

10. INTELLECUTAL PROPERTY 

1. All intellectual property rights in, arising out of or in connection with the Program, including any materials, resources or recordings, are owned by us or our licensors. 
2. You may use the Program materials for your personal, non-commercial use only. You must not copy, distribute, publish, or otherwise exploit the materials without our prior written consent. 
3. Nothing in these Terms grant you any rights in our, or our licensors’, trademarks, logos or branding. 

11. FORCE MAJEURE 

1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by a Force Majeure Event. 
2. If a Force Majeure Event takes place that affects the performance of our obligations under these Terms: 
   
   1. we will contact you as soon as reasonably practicable to notify you; and 
   2. our obligations under these Terms will be suspended and the time for performance of our obligations will be extended for the duration of the Force Majeure Event. We will arrange a new date for performance of the Program with you after the Force Majeure Event is over.  
3. You may cancel the Program you have booked and purchased with us that is affected by a Force Majeure Event which has continued for more than 60 days. To cancel please contact us at tamara@tamiemums.com. If you opt to cancel, we will refund the price you have paid, less the sessions you have attended up to the date of your request. 

12. GENERAL 

1. Changes to Terms: We reserve the right to amend these Terms at any time. Any updates will be communicated to you in writing or by posting on our Site. Your continued participation in the Program constitutes acceptance of the revised Terms. 
2. Assignment: We may assign or transfer our rights and obligations under these Terms to another entity. We will notify you in writing or by posting on our Site if this happens.  
3. Severability:
   
   1. If the whole or any part of a provision of these Terms is or becomes invalid or unenforceable under the law of any jurisdiction, it is severed in that jurisdiction to the extent that it is invalid or unenforceable and whether it is in severable terms or not. 
   2. Clause 12(c)(i) does not apply if the severance of a provision of these Terms in accordance with that clause would materially affect or alter the nature or effect of the parties’ obligations under these Terms.
4. Relationship of the parties: These Terms are between you and us. No other person has any rights to enforce any of its terms.  
5. Entire agreement: 
   
   1. These Terms, together with any documents referred to in them, constitute the entire agreement between you and us in relation to its subject matter and supersedes all prior agreements, representations or communications (whether written or oral) relating to the subject matter. 
   2. You acknowledge that, in agreeing to these Terms, you have not relied on any representations, statements or promises other than those expressly set out in these Terms. 
   3. Nothing in this clause is intended to exclude, restrict or modify any rights you may have under the Australian Consumer Law or other applicable laws. 
6. Governing law and jurisdiction: These Terms, their subject matter and their formation, are governed by the laws of Queensland. You and we both agree that the courts in Queensland will have exclusive jurisdiction. 

13. DEFINITIONS AND INTERPRETATION  

1. Definitions: In these Terms: 
   
   1. Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth), as amended from time to time. 
   2. Commencement Date has the meaning given to it in clause 3(d). 
   3. Contractor means our guest speakers, instructors and any other contractor that contracts with us; 
   4. End Date means the date that the Program completes or is cancelled. 
   5. Force Majeure Event means an event or cause beyond our control, including an act of God, lightning, storm, flood, fire, earthquake, explosion, war, terrorism and governmental restraint, expropriation, prohibition, intervention, direction, embargo, pandemic or pandemic related government restrictions.  
   6. Order has the meaning given to it in clause 3(a).
   7. Order Confirmation has the meaning given to it in clause 3(c).
   8. Personal information has the same meaning as in the Privacy Act 1988 (Cth) as amended from time to time. 
   9. Program means a Tamie Mums program advertised on our Site. 
   10. Premises means Kids on Clarence childcare centre, 137-143 Clarence Road, Indooroopilly QLD 4068.
   11. Site means the website www.tamiemums.com. 
   12. Terms means these customer terms and conditions. 
2. Interpretation: Unless the context otherwise requires: 
   
   1. headings and subheadings are for convenience only and do not affect the interpretation of these Terms; 
   2. references to clauses are references to the clauses of these Terms; 
   3. words denoting the singular include the plural and vice versa; 
   4. a reference to any terms and conditions or document (including these Terms) includes any amendments to or replacements of that document; 
   5. a reference to “writing” or “written” includes email; and 
   6. a reference to a law, statute or legislation includes any regulations, rules or instruments made under it and any amendments, consolidations or re-enactments of it from time to time.