T & C's

Terms and Conditions of Use

Effective date: [ 28, 8, 2024 ]

Terms of Use

By accessing the Rooted Perinatal website at www.rootedperinatal.com (the “Site”), you agree to the following Terms and Conditions of Use (“Terms”). If you do not agree, you should exit the Site and not use it further. As used herein, the words “User,” “you” and “your” mean users of the Site and the words “we,” “our,” and “Rooted” mean Rooted Perinatal a business name registered in Ireland under business name registration 748236 the owner and operator of the Site.

THESE TERMS AND CONDITIONS MAY HAVE CHANGED SINCE YOU LAST REVIEWED THEM.

You should carefully read these Terms.

Why you should read them. Please read these terms carefully before you accept them or sign up to receive services from us. These terms tell you who we are, how we will provide the services to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms or if you have any questions about these terms, please contact us to discuss this.

We reserve the right to revise these Terms at any time by updating this posting, and also to modify or terminate any products, services or features on the Site at any time. All products, services or features available on or through this Site are subject to and are provided pursuant to these Terms.

By signing up for our mailing list or a product purchase or subscription, you represent, acknowledge and agree that you are at least the age of majority in your jurisdiction of residence.

Limitations on Use

You may browse the Site, and you may download material displayed on the Site, all for non-commercial, personal use only. You may not remove any copyright, trademark or other proprietary notices from materials you download. Nor may you distribute, modify, transmit, reuse, re-post, or use any material from the Site for public or commercial purposes. These limitations apply to all material on the Site, including but not limited to the text, computer code, images, audio and video. Any use contrary to these limitations is a violation of the intellectual property rights of Rooted and/or its contributors. Unless otherwise noted, all material on the Site and all workshops, courses, memberships and other products or services available for purchase through the Site (the “Products and Services”) are protected by copyright.

You may not deep-link to the Site for any purpose or use any robot, spider or other automatic device or process to monitor or copy any portion of the Site.

Privacy

Disclosure and use of information obtained from Users and, if applicable, third parties is subject to Rooted’s Privacy Policy.

Pricing Options, Payments and Cancellations

Our offerings are available on an a la carte basis, or you may choose to enrol in one of our membership options for applicable offerings.

All sales of a la carte offerings are final upon purchase, with payment due at checkout, and are non-exchangeable, non-refundable and non-transferrable.

Initial payment for membership options is due at the time of enrolment. By electing a membership pricing option, you agree to be billed the applicable price once every 30 days (or 365 days for the yearly option). Once a membership is purchased, it may only be cancelled in writing, provided written notice of cancellation is provided to [email protected] prior to the next auto pay date. All memberships are non-exchangeable, non-refundable and non-transferrable.

Submissions

Any communications or materials you transmit to any public area on the Site, or that you submit to us not as part of your personal data and that are not covered by our Privacy Policy (“Submissions”), may be used by us and our affiliates, licensees and assignees for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast, inclusion in products and services sold by Rooted, and posting in any and all media without compensation to you. This includes any ideas, concepts, know-how, or techniques in any such Submission.

By submitting to us any Submissions, you represent and agree as follows:

The Submissions are your own. You did not copy them from anyone else. You have the right to submit them to us for publication.

We shall have the right to post (or to elect not to post) the Submissions on the Site, and to modify them in any way we deem appropriate, either before or after posting.

Our right to use the Submissions is royalty-free (that is, without payment to you), and extends to all media, whether now existing or later discovered, including but not limited to print, film, electronic, etc. (not limited to our Site). This permission is non-exclusive, permanent, irrevocable and worldwide.

You must include your name and e-mail address with any submission so we can contact you with any questions. Your name (but not your e-mail address) will be posted with the Submissions on the Site and any other media in which we publish the Submissions. If you object to any modification(s) we make to the Submissions, you may request to have your name removed from any later publications.

We are not responsible for any content, advice or information furnished or posted by members or other third parties, including but not limited to postings on any bulletin boards, chat rooms, member tips, or other spaces that invite submissions.

Submissions to Other Sites

We do not claim ownership of user-generated content and material, including, but not limited to: any and all photographs, articles, images, graphics, videos, sounds, music, audio recordings, text, files, profiles, communications, comments, feedback, suggestions, ideas, concepts, questions, data or other content that you submit or post on the Site, or on any affiliated websites, social media accounts or through other methods we provide for posting or sharing such content with us (collectively “Submissions to Other Sites”). Subject to the licenses granted below, you retain ownership of any rights you may have in your Submissions to Other Sites.

By sharing any Submissions to Other Sites, you grant to Rooted a perpetual, irrevocable, royalty-free, worldwide, sublicensable and transferable license to copy, publish, modify, create derivative works from, distribute, reproduce, sell, display, transmit, use and otherwise exploit all or any portion of the Submissions to Other Sites, as well as your name, persona and likeness included in any Submissions to Other Sites and any information associated with the Submissions to Other Sites (including personally identifiable information), in any commercial or non-commercial manner whatsoever, in whole or in part, in any and all distribution channels, forms, media or technology.

Rooted retains the right, in its sole discretion and without prior notice, to remove, revise or refuse to post any Submissions to Other Sites for any reason or no reason.

By submitting or posting Submissions to Other Sites on the Site, on your social media accounts or through any tools or applications we provide for posting or sharing your Submissions to Other Sites with us, you represent and warrant that: (i) you own or control any and all rights in and to the Submissions to Other Sites, and the right to grant all of the rights and licenses in these Terms, and if you are not the holder of such rights, the holder of such rights has completely and effectively waived all such rights and/or irrevocably granted you the an unconditional right to grant the licenses stated above without the need for payment to you or any other person or entity; (ii) you have obtained permission from any individuals that appear in the Submissions to Other Sites to use, and grant others the right to use, their name, image, voice and/or likeness without the need for payment to you or any other person or entity; (iii) you and any individuals that appear in the Submissions to Other Sites are at least the age of majority in your jurisdiction of residence; and (iv) the Submissions to Other Sites do not (a) contain false or misleading information, (b) infringe on the intellectual property, privacy, publicity, statutory, contractual or other rights of any third party, (c) contain any libelous, defamatory, obscene, offensive, threatening or otherwise harassing or hateful content, (d) contain any contact information or (e) contain computer viruses, worms or other harmful files.

By submitting or posting the Submissions to Other Sites you irrevocably and unconditionally release Rooted and its officers, directors, employees and agents from any and all claims, demands, damages, costs and expenses of any kind whatsoever, arising out of the use by Rooted or you of the Submissions to Other Sites, including, without limitation, any and all claims that use of the Submissions to Other Sites pursuant to these Terms violates any of your intellectual property rights or those of any third parties.

Third Parties

We use reasonable efforts to include accurate and up-to-date information in the Site, but makes no warranties whatsoever as to its accuracy. We have not reviewed any sites linked to the Site and are not responsible for the content of any off-Site pages or any sites linked to the Site. Your access to, and use of, the Site, including your linking to any other off-Site pages or other sites, are wholly and entirely at your own risk.

Any merchandise, coupons, offers, products or services offered to you through links to the Site are provided by third parties who are not affiliated with Rooted, except as otherwise set forth on the Site. Except as expressly provided by Rooted on the Site, we do not endorse any third-party sites or any offers available through any such sites. We have no responsibility for any transactions and communications between you and any third party, including but not limited to any personal data you may choose to provide directly or indirectly to any third party at any time or by any means.

Disclaimer of Warranties

EVERYTHING ON THE SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, ROOTED DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS AND PERFORMANCE OF ANY PRODUCTS, SERVICES, FEATURES, INFORMATION OR ADVICE ON THE SITE, AS WELL AS FOR ANY SUCH ITEMS OR OTHER CONTENT AVAILABLE THROUGH ANY LINKS TO THE SITE.

Assumption of Risk, Waiver, Disclaimer and Limitation of Liability

The participation in and use of Rooted’s Products and Services involves the risk of bodily injury (including risks to pregnancies, such as miscarriage) and possibly death to you (including any unborn offspring) and any other guest participants or users of such Products and Services. By using the Site and/or participating in the use of Rooted’s Products and Services, you and any of your guests or others who gain access to such Products and Services understand and voluntarily accept the risks associated with such use and participation.

Rooted and its affiliates and their respective members, managers, officers, employees, contractors and agents (in each case, a “Released Party”) shall not be liable for any direct, indirect incidental, consequential, special, punitive or other damages or losses of any kind whatsoever arising out of your access to, or use of, the Site or Rooted’s Products and Services, including but not limited to any injury, death, failure of performance, error, omission, interruption, defect or computer virus, or the deletion, failure to store, misdelivery or unavailability of any information, material, products, services or features, even if advised of the possibility of such damages or losses. Each Released Party’s maximum liability to you for all claims, including but not limited to negligence, shall in no event exceed the monetary value of the price that you have paid for any Products and Services purchased from us in a calendar year.

We are responsible to you only for any foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill in performing this contract, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen and nothing you said to us before we accepted your order meant we should have expected it or if, at the time the contract was made, both we and you knew it might happen; for example, if you discussed it with us during the sales process. We are not responsible or liable to you for losses you suffer caused by us breaking this Contract if your loss was avoidable i.e. something you could have avoided by taking reasonable action. We are not responsible or liable to you for any losses you suffer if caused by a delaying event outside our control. We are not responsible for unavailability of any Products or Services or delays outside our control. We are also not responsible for any loss or damage (direct and indirect) if something was unavoidable despite us using reasonable care and skill to avoid it.

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents, or subcontractors; for fraud or fraudulent misrepresentation; and for breach of your legal rights in relation to the Products or Services including the right to receive services which are supplied with reasonable skill and care. We are not liable for any business losses. We only supply the Products and Services for domestic and private use. If you use the Services for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption and/or loss of business opportunity.

Rooted does not offer, nor does it purport to offer, medical advice or treatment. Neither the Site, nor Rooted’s Products and Services, are a substitute for medical advice or treatment provided by qualified and licensed medical professionals.

Indemnity and Release

As a material inducement to provide you with use of the Site and Rooted’s Products and Services, by using the Site or any Products and Services, (i) you release each Released Party from any and all claims, demands, damages, costs and expenses of any kind whatsoever relating in any way to use of the Site or any materials downloaded from this Site and (ii) you indemnify, defend and hold each Released Party harmless from and against any and all demands, damages, liability, claims, actions, demands and costs incurred by such Released Party in connection with any claim arising out of any breach by you of this Agreement, including, reasonable legal fees and costs.

If you have a dispute involving the Site with a third party, you release each Released Party from all claims, demands, damages, liability, claims, actions, demands and costs of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

Each party recognises and agrees that the warranty disclaimers and liability and remedy limitations in these Terms are the bases of this agreement and that they have been taken into account and reflected in determining the consideration to be given by each party under this agreement and in the decision by each party to enter into this agreement. Some jurisdictions do not allow the exclusion of implied warranties or certain forms of damages, so some of the above exclusions may not apply to you.

Trademarks

The trademarks, logos, and service marks (collectively the “Trademarks”) displayed on the Site and the Products and Services, are the Trademarks of Rooted, except as otherwise noted. All other Trademarks, publicity rights and other rights are the property of their respective owners. You do not have any license or right, by implication, estoppel, or otherwise, to use any Trademark, image or other material displayed on the Site without the written permission of Rooted or the third party that may own the relevant material.

Intellectual Property Infringement Claims

We will respond as quickly as practical to any claims that infringing material appears on the Site, including investigating any such claims and taking any appropriate action under applicable laws. If we receive a notice of infringement, we will take steps to remove or disable access to the allegedly infringing material, including any links thereto. We may terminate access for any person who is a repeat infringer. Notices of alleged infringement should be sent to:

[[email protected]]

To be effective, the notification must be a written communication that includes the following:

A physical or electronic signature of a person authorised to act on behalf of the owner of an exclusive right that is allegedly infringed;

Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;

Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;

A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent or the law; and

A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorised to act on behalf of the owner of an exclusive right that is allegedly infringed.

If we remove or disable access to any allegedly infringing material, we may attempt to contact the person who has posted that material to give that person a chance to respond. If there is a response, we will share it with the party who originally complained about the alleged infringement, and will give that party an opportunity to seek a court order or other judicial relief before we replace or restore access to the allegedly infringing material.

Violations

Rooted reserves the right to pursue any and all legal and equitable remedies against anyone violating these Terms and Conditions, including but not limited to terminating access to the Site. Any failure by Rooted to enforce any of our rights hereunder shall not be deemed a waiver of such rights or of any other rights.

Miscellaneous

We may transfer the contract to someone else, so that a different organisation is responsible for supplying your Products and/or Services. We will tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract. We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer, you may contact us to end the contract within one (1) month of us telling you about it and we will refund you any payments you have made in advance for Products or Services not provided. You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. This contract is between you and us. Only you and we shall have rights to enforce its terms. Neither of us will need to get the agreement of any other person to end the contract. Neither of us will need to ask anybody else to sign-off on ending or changing it.

If a court invalidates some of this contract, the rest of it will still apply. If a court or other authority decides that some of these terms are unlawful, the rest will continue to apply.

Even if we delay in enforcing this contract, we can still enforce it later. We might not immediately chase you for not doing something (like paying) or for doing something you are not allowed to do, but that does not mean that we cannot do so later.

These terms and conditions are governed by the laws of Ireland. Any disputes relating hereto or to any use of this Site shall be resolved exclusively in the Courts of Ireland and you and Rooted both consent to the jurisdiction of such courts for any such disputes. Unless otherwise specified, this Site is made available only to provide information about Rooted and its Products and Services. Rooted controls and operates this Site from Ireland and makes no representation or warranty that materials in the Site are appropriate or available for use in any other jurisdictions. If you use this Site from elsewhere, you are responsible for compliance with all applicable local laws and regulations.

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