Terms and conditions
Website Terms and Conditions of Use
1. About the Website
1.1. Welcome to www.theglimmerproject.com (the 'Website'). The
Website Provides 8 week grief program for postpartum mothers
who have lost a baby (the 'Services').
1.2. The Website is operated by The Glimmer Project (ABN
83936705) . Access to and use of the Website, or any of its
associated Products or Services, is provided by The Glimmer
Project. Please read these terms and conditions (the 'Terms')
carefully. By using, browsing and/or reading the Website, this
signifies that you have read, understood and agree to be bound
by the Terms. If you do not agree with the Terms, you must
cease usage of the Website, or any of Services, immediately.
1.3. The Glimmer Project reserves the right to review and change
any of the Terms by updating this page at its sole discretion.
When The Glimmer Project updates the Terms, it will use
reasonable endeavours to provide you with notice of updates to
the Terms. Any changes to the Terms take immediate effect from
the date of their publication. Before you continue, we
recommend you keep a copy of the Terms for your records.
2. Acceptance of the Terms
You accept the Terms by remaining on the Website. You may also accept the
Terms by clicking to accept or agree to the Terms where this option is made
available to you by The Glimmer Project in the user interface.
3. Subscription to use the Services
3.1. In order to access the Services, you must first purchase a
subscription through the Website (the 'Program') and pay
the applicable fee for the selected Program (the
3.2. In purchasing the Subscription, you acknowledge and agree that
it is your responsibility to ensure that the Subscription you elect
to purchase is suitable for your use.
3.3. Once you have purchased the Subscription, you will then be
required to register for an account through the Website before
you can access the Services (the ' Account').
3.4. As part of the registration process, or as part of your continued
use of the Services, you may be required to provide personal
information about yourself (such as identification or contact
(a) Email address
(b) Preferred username
(c) Mailing address
(d) Telephone number
3.5. You warrant that any information you give to The Glimmer
Project in the course of completing the registration process will
always be accurate, correct and up to date.
3.6. Once you have completed the registration process, you will be a
registered member of the Website ('Member') and agree to be
bound by the Terms. As a Member you will be granted
immediate access to the Services from the time you have
completed the registration process until the subscription period
expires (the 'Subscription Period').
3.7. You may not use the Services and may not accept the Terms if:
(a) you are not of legal age to form a binding contract with
The Glimmer Project; or
(b) you are a person barred from receiving the Services under
the laws of Australia or other countries including the
country in which you are resident or from which you use
4. Your obligations as a Member
4.1. As a Member, you agree to comply with the following:
(a) you will use the Services only for purposes that are
(i) the Terms; and
(ii) any applicable law, regulation or
generally accepted practices or
guidelines in the relevant jurisdictions;
(b) you have the sole responsibility for protecting the
confidentiality of your password and/or email address.
Use of your password by any other person may result in
the immediate cancellation of the Services;
(c) any use of your registration information by any other
person, or third parties, is strictly prohibited. You agree to
immediately notify The Glimmer Project of any
unauthorised use of your password or email address or
any breach of security of which you have become aware;
(d) access and use of the Website is limited, non-transferable
and allows for the sole use of the Website by you for the
purposes of The Glimmer Project providing the Services;
(e) you will not use the Services or the Website in connection
with any commercial endeavours except those that are
specifically endorsed or approved by the management of
The Glimmer Project;
(f) you will not use the Services or Website for any illegal
and/or unauthorised use which includes collecting email
addresses of Members by electronic or other means for
the purpose of sending unsolicited email or unauthorised
framing of or linking to the Website;
(g) you agree that commercial advertisements, affiliate links,
and other forms of solicitation may be removed from the
Website without notice and may result in termination of the
Services. Appropriate legal action will be taken by The
Glimmer Project for any illegal or unauthorised use of the
(h) you acknowledge and agree that any automated use of
the Website or its Services is prohibited.
5.1. Where the option is given to you, you may make payment of the
Subscription Fee by way of:
(a) Electronic funds transfer(' EFT') into our nominated bank
(b) Credit Card Payment ('Credit Card')
(c) PayPal ('PayPal')
5.2. All payments made in the course of your use of the Services are
made using Stripe or paypal. In using the Website, the Services
or when making any payment in relation to your use of the
Services, you warrant that you have read, understood and agree
to be bound by the Stripe or paypal terms and conditions which
are available on their website.
5.3. You acknowledge and agree that where a request for the
payment of the Subscription Fee is returned or denied, for
whatever reason, by your financial institution or is unpaid by you
for any other reason, then you are liable for any costs, including
banking fees and charges, associated with the Subscription Fee
5.4. You agree and acknowledge that The Glimmer Project can vary
the Subscription Fee at any time and that the varied Subscription
Fee will come into effect following the conclusion of the existing
6. Refund Policy
The Glimmer Project will only provide you with a refund of the Subscription Fee
in the event they are unable to continue to provide the Services or if the
manager of The Glimmer Project makes a decision, at its absolute discretion,
that it is reasonable to do so under the circumstances . Where this occurs, the
refund will be in the proportional amount of the Subscription Fee that remains
unused by the Member (the 'Refund').
7. Copyright and Intellectual Property
7.1. The Website, the Services and all of the related products of The
Glimmer Project are subject to copyright. The material on the
Website is protected by copyright under the laws of Australia and
through international treaties. Unless otherwise indicated, all
rights (including copyright) in the Services and compilation of the
Website (including but not limited to text, graphics, logos, button
icons, video images, audio clips, Website, code, scripts, design
elements and interactive features) or the Services are owned or
controlled for these purposes, and are reserved by The Glimmer
Project or its contributors.
7.2. All trademarks, service marks and trade names are owned,
registered and/or licensed by The Glimmer Project, who grants
to you a worldwide, non-exclusive, royalty-free, revocable
license whilst you are a Member to:
(a) use the Website pursuant to the Terms;
(b) copy and store the Website and the material contained in
the Website in your device's cache memory; and
(c) print pages from the Website for your own personal and
The Glimmer Project does not grant you any other rights
whatsoever in relation to the Website or the Services. All other
rights are expressly reserved by The Glimmer Project.
7.3. The Glimmer Project retains all rights, title and interest in and to
the Website and all related Services. Nothing you do on or in
relation to the Website will transfer any:
(a) business name, trading name, domain name, trade mark,
industrial design, patent, registered design or copyright, or
(b) a right to use or exploit a business name, trading name,
domain name, trade mark or industrial design, or
(c) a thing, system or process that is the subject of a patent,
registered design or copyright (or an adaptation or
modification of such a thing, system or process),
7.4. You may not, without the prior written permission of The Glimmer
Project and the permission of any other relevant rights owners:
broadcast, republish, up-load to a third party, transmit, post,
distribute, show or play in public, adapt or change in any way the
Services or third party Services for any purpose, unless
otherwise provided by these Terms. This prohibition does not
extend to materials on the Website, which are freely available for
re-use or are in the public domain.
8.1. The Glimmer Project takes your privacy seriously and any
information provided through your use of the Website and/or
which is available on the Website.
9. General Disclaimer
9.1. Nothing in the Terms limits or excludes any guarantees,
warranties, representations or conditions implied or imposed by
law, including the Australian Consumer Law (or any liability
under them) which by law may not be limited or excluded.
9.2. Subject to this clause, and to the extent permitted by law:
(a) all terms, guarantees, warranties, representations or
conditions which are not expressly stated in the Terms are
(b) The Glimmer Project will not be liable for any special,
indirect or consequential loss or damage (unless such
loss or damage is reasonably foreseeable resulting from
our failure to meet an applicable Consumer Guarantee),
loss of profit or opportunity, or damage to goodwill arising
out of or in connection with the Services or these Terms
(including as a result of not being able to use the Services
or the late supply of the Services), whether at common
law, under contract, tort (including negligence), in equity,
pursuant to statute or otherwise.
9.3. Use of the Website and the Services is at your own risk.
Everything on the Website and the Services is provided to you
"as is" and "as available" without warranty or condition of any
kind. None of the affiliates, directors, officers, employees, agents,
contributors and licensors of The Glimmer Project make any
express or implied representation or warranty about the Services
or any products or Services (including the products or Services
of The Glimmer Project) referred to on the Website, includes (but
is not restricted to) loss or damage you might suffer as a result of
any of the following:
(a) failure of performance, error, omission, interruption,
deletion, defect, failure to correct defects, delay in
operation or transmission, computer virus or other harmful
component, loss of data, communication line failure,
unlawful third party conduct, or theft, destruction, alteration
or unauthorised access to records;
(b) the accuracy, suitability or currency of any information on
the Website, the Services, or any of its Services related
products (including third party material and
advertisements on the Website);
(c) costs incurred as a result of you using the Website, the
Services or any of the products of The Glimmer Project;
(d) the Services or operation in respect to links which are
provided for your convenience.
10. Limitation of liability
10.1. The Glimmer Project's total liability arising out of or in connection
with the Services or these Terms, however arising, including
under contract, tort (including negligence), in equity, under
statute or otherwise, will not exceed the resupply of the Services
10.2. You expressly understand and agree that The Glimmer Project,
its affiliates, employees, agents, contributors and licensors shall
not be liable to you for any direct, indirect, incidental, special
consequential or exemplary damages which may be incurred by
you, however caused and under any theory of liability. This shall
include, but is not limited to, any loss of profit (whether incurred
directly or indirectly), any loss of goodwill or business reputation
and any other intangible loss.
11. Termination of Contract
11.1. The Terms will continue to apply until terminated by either you or
by The Glimmer Project as set out below.
11.2. If you want to terminate the Terms, you may do so by:
Your notice should be sent, in writing, to The Glimmer Project via
the 'Contact Us' link on our homepage.
(a) not renewing the Subscription prior to the end of the
(b) providing The Glimmer Project with 14 days' notice of your
intention to terminate; and
(c) closing your accounts for all of the services which you
use, where The Glimmer Project has made this option
available to you.
11.3. The Glimmer Project may at any time, terminate the Terms with
(a) you do not renew the Subscription at the end of the
(b) you have breached any provision of the Terms or intend to
breach any provision;
(c) The Glimmer Project is required to do so by law;
(d) the provision of the Services to you by The Glimmer
Project is, in the opinion of The Glimmer Project, no longer
11.4. Subject to local applicable laws, The Glimmer Project reserves
the right to discontinue or cancel your membership at any time
and may suspend or deny, in its sole discretion, your access to
all or any portion of the Website or the Services without notice if
you breach any provision of the Terms or any applicable law or if
your conduct impacts The Glimmer Project's name or reputation
or violates the rights of those of another party.
12.1. You agree to indemnify The Glimmer Project, its affiliates,
employees, agents, contributors, third party content providers
and licensors from and against:
(a) all actions, suits, claims, demands, liabilities, costs,
expenses, loss and damage (including legal fees on a full
indemnity basis) incurred, suffered or arising out of or in
connection with Your Content;
(b) any direct or indirect consequences of you accessing,
using or transacting on the Website or attempts to do so;
(c) any breach of the Terms.
13. Dispute Resolution
If a dispute arises out of or relates to the Terms, either party may not commence
any Tribunal or Court proceedings in relation to the dispute, unless the
following clauses have been complied with (except where urgent interlocutory
relief is sought).
A party to the Terms claiming a dispute ('Dispute') has arisen under the Terms,
must give written notice to the other party detailing the nature of the dispute, the
desired outcome and the action required to settle the Dispute.
On receipt of that notice ('Notice') by that other party, the parties to the Terms
(a) Within 14 days of the Notice endeavour in good faith to resolve the
Dispute expeditiously by negotiation or such other means upon which
they may mutually agree;
(b) If for any reason whatsoever, 60 days after the date of the Notice, the
Dispute has not been resolved, the Parties must either agree upon
selection of a mediator or request that an appropriate mediator be
All communications concerning negotiations made by the Parties arising out of
and in connection with this dispute resolution clause are confidential and to the
extent possible, must be treated as "without prejudice" negotiations for the
purpose of applicable laws of evidence.
13.5. Termination of Mediation:
If 3 months have elapsed after the start of a mediation of the Dispute and the
Dispute has not been resolved, either Party may ask the mediator to terminate
the mediation and the mediator must do so.
appointed by the President of the ...... or his or her nominee;
(c) The Parties are equally liable for the fees and reasonable expenses of a
mediator and the cost of the venue of the mediation and without limiting
the foregoing undertake to pay any amounts requested by the mediator
as a pre-condition to the mediation commencing. The Parties must each
pay their own costs associated with the mediation;
(d) The mediation will be held in ......, Australia.
14. Venue and Jurisdiction
The Services offered by The Glimmer Project is intended to be viewed by
residents of Australia. In the event of any dispute arising out of or in relation to
the Website, you agree that the exclusive venue for resolving any dispute shall
be in the courts of Queensland, Australia.
15. Governing Law
The Terms are governed by the laws of Queensland, Australia. Any dispute,
controversy, proceeding or claim of whatever nature arising out of or in any way
relating to the Terms and the rights created hereby shall be governed,
interpreted and construed by, under and pursuant to the laws of Queensland,
Australia, without reference to conflict of law principles, notwithstanding
mandatory rules. The validity of this governing law clause is not contested. The
Terms shall be binding to the benefit of the parties hereto and their successors
16. Independent Legal Advice
Both parties confirm and declare that the provisions of the Terms are fair and
reasonable and both parties having taken the opportunity to obtain independent
legal advice and declare the Terms are not against public policy on the grounds
of inequality or bargaining power or general grounds of restraint of trade.
If any part of these Terms is found to be void or unenforceable by a Court of
competent jurisdiction, that part shall be severed and the rest of the Terms shall
remain in force.
18. The Glimmer project does not take responsibility for your health or psychiatric care. This is to be used as an adjunct to routine healthcare and to support grieving women.
19. Reusing, reposting or selling any of the content inside the Glimmer Program is forbidden.
- No advice
1.1 This website contains general medical information.
The medical information is not advice and should not be treated as such.
- Medical assistance
2.1 You must not rely on the information on our website as an alternative to medical advice from your doctor or other professional healthcare provider.
If you have any specific questions about any medical matter, you should consult your doctor or other professional healthcare provider.
If you think you may be suffering from any medical condition, you should seek immediate medical attention.
You should never delay seeking medical advice, disregard medical advice or discontinue medical treatment because of information on our website.
- Interactive features
3.1 Our website includes interactive features that allow users to communicate with us.
3.2 You acknowledge that, because of the limited nature of communication through our website's interactive features, any assistance you may receive using any such features is likely to be incomplete and may even be misleading.
3.3 Any assistance you may receive using any our website's interactive features does not constitute specific advice and accordingly should not be relied upon without further independent confirmation.
- Limits upon exclusions of liability
4.1 Nothing in this disclaimer will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law.