Terms and Conditions
The motherhood project Village.
Terms and Conditions
It is important to note that TMP Village is not a licensed medical care provider. None of our contractors nor TMP Village will diagnose, examine or treat any medical conditions of any kind.
We highly advise that you consult with your doctor before starting any dietary or exercise program particularly if you have any personal or family history of high blood pressure, heart disease, chest pain, smoking, high cholesterol, obesity, bone or joint problems or if you are pregnant.
The TMP nutritional support, recipes and meal planning are not formulated to suit any nutrient deficiencies, allergies or any other food related health problems. Contact your doctor or a dietician prior to utilising that specific service that we provide if you are unsure if this product is acceptable for your dietary requirements.
Please be vigilant and stop all the physical activity and contact your doctor immediately before resuming if you experience any faintness, dizziness, pain or shortness of breath at any time during our fitness sessions. This program is not intended for mothers within three (3) months post-partum. TMP recommends that you do not participate in post-natal exercise until you have received clearance from your doctor that you are medically fit to partake in such unsupervised exercise. This program is meant as a general guide and not as a rehab program.
The Motherhood Project Village is only intended for “educational” use and it should only be used as a guideline. The Motherhood Project Village and its contractors are committed to providing information on personal development and mental health, nutrition and exercise instructions. However, the content of our site is not intended to replace or be a substitute for professional medical advice diagnosis or treatment. All content and material provided on the Motherhood Project Village has been designed to assist and motivate individuals to progress towards a healthy lifestyle.
All personal development tips, exercises and strategies have been verified by TMP psychologist to ensure ethical and legal guidelines are met.
Before using our product, you acknowledge and agree that by participating in physical activity there exists the possibility of physical injury. If you engage in any exercise in connection with any of our products, you agree that you do so at your own risk.
Subject to any rights granted by New Zealand Consumer Law, you agree to discharge TMP of all liability for any and all claims and causes of injury including for any and all injury, loss or damage of whatsoever nature including; personal injury, data or loss of income to the extent permitted by the law of the State where negligent or otherwise.
The name “THE MOTHERHOOD PROJECT”, “THE MOTHERHOOD PROJECT VILLAGE” and all its products are intangible (Logo, live streamed or uploaded recordings/videos and online content) and are subject to copyright protection.
All these products remain the sole property of TMP. Our products are not sold to our members, TMP simply grants the members a single licence to use the product subject to these Conditions after discharging the responsibility of paying his/her monthly/annual subscription.
The member is not authorised to copy, lend, sell, share, re-post, distribute, edit, modify, transfer or trade the product in any form as it is the intellectual property of TMP.
The member is required to inform TMP of any changes or adjustments to the payment method for the subscription fees. TMP will continue deducting monthly/annual subscription fees with the payment method last provided.
If a member suspects or realise that any other person accessed their account or are utilising the member’s products under his/her name without authorisation, they should inform TMP thereof immediately.
Their subscription cannot be transferred or sold to any other person. Each member is responsible for his/her own account.
4. Subscription Changes, Refunds and Cancellations
TMP reserves the right to vary the fees and charges from time to time. TMP will inform members of this variation by providing them with notice.
The member agrees that the subscription fees and all other charges (if any) relating to the subscription being billed automatically each month/year to the nominated payment method as provided upon subscribing.
If the member’s subscription fee or charges (if any) are not processed for any reason whatsoever, TMP will have the right to suspend his/her subscription pending the payment of all outstanding subscription monies due to TMV in full.
The member agrees that he/she will be liable to pay all costs, including legal fees, which may be incurred by TMP to collect these unpaid subscription fees or charges from the member.
Subscription fees will apply regardless of whether a member uses his/her subscription.
5. Payment and Currency Disclaimer
Your subscription fee is represented in NZD as this is the currency of our host country.
You agree to indemnify us on a full indemnity basis, from any and all third-party claims, liabilities, expenses, including solicitor/client costs, that may be incurred or suffered as a result of any breach of these Conditions by you or any third-party damage caused as a result or in connection with any breach by you of these Conditions.
You agree to indemnify us from any claim, liability or expense arising from an injury or health problem that may arise from the use of our Products.
8. External Links
This site may contain links which are hosted by third parties not associated with TMP. The content displayed on those sites is not the responsibility of TMP and we do not endorse or approve of these external websites or any services that are provided by those websites.
You agree that your choice to visit third party websites is undertaken at your own risk. Before relying on any of the content on any such site you should make appropriate enquiries.
9. Site Conditions and Use
You must not:
Copy, distribute, adapt, post, transmit, share, edit, modify, create or transfer any part of the site or any content contained on the site;
Do anything that may place an unreasonable or disproportionality large load on the site. You must not do anything that disrupts the functions or connected networks of the site;
Make any modifications to the site without proper authorisation in writing from TMP;
Test, scan or circumvent the security of the site;
Use the site or any content in any way which breaches the rights of TMP or any third party;
Use the account of another member or impersonate another member when using this site;
Knowingly transmit any virus, worm, defect, Trojan horse or any other malicious code to the site for any reason; and
Use any method to autonomously create accounts by any means under fraudulent pretences.
10. Governing Law
These Conditions will be construed and will take effect according to the laws of the State of New Zealand and the respective rights, liabilities and obligations of the parties will be governed by the law of the State of New Zealand.
Members and TMP agree to submit to the exclusive jurisdiction of the courts of New Zealand.
If you are entitled to any rights, remedies or claims under the New Zealand Consumer Law, then these rights, remedies or claims arise independently of these Conditions and will not apply to any rights, remedies or claims that you may have under the New Zealand Consumer Law.
11. Changes to these Conditions
We reserve the right to modify these Conditions at any time. Please review these Conditions frequently. Changes and clarifications will take effect immediately upon their posting on the site. If we make material changes to these Conditions, we will notify you here that it has been updated.
If any court or other competent authority declares any part of these Conditions unenforceable or if these Conditions would, if any part were not omitted, be unenforceable then:
That part will, without in any way affecting the enforceability of the remainder of these Conditions, be severable and these Conditions is construed as if that part were not contained in these Conditions; and
TMP reserves the right to amend any information, including but not limited to prices, technical specifications, terms of products offerings without prior notice.
You are responsible for any costs associated with accessing the site.
The Data Controller
The Motherhood Village is the “data controller” of all personal data that is collected and used about The Motherhood Village members for the purposes of privacy and data protection laws, principles and regulations which may apply in your country.
What personal data we collect
Personal data means any information relating to you which allows us to identify you, such as your name, phone number, social media name or ‘handle’, postal address, email address, payment details and information about your access to our website.
We may collect the following categories of personal data:
· Name, home address, e-mail address, telephone number, credit/debit card or other payment details;
· Information such as nationality, place and date of birth, and gender;
· Medical condition or requirements, and dietary preferences;
· Information you provide about yourself and any preferences in your account;
· Communications with us or directed to us via letters, emails, Facebook, calls, and social media; and
· Location, including real-time geographic location of your computer or device through GPS, Bluetooth and your IP address, along with crowd-sourced Wi-Fi hotspots and cell-tower locations, but only if you use location-based features and activate the location services settings on your device or computer.
Personal details including about your physical or mental health are considered “sensitive” personal data under applicable data protection laws. We will process any such data only if you have given your explicit consent, or it is necessary (for instance if you request special assistance), or you have deliberately made it public.
What, why and how long we use your personal data for?
We will only process your personal data where we have a legal basis to do so, which will depend on the reasons for which we have collected and need to use your personal data.
We may use/process your data for one or more of the following reasons:
· Credit or other payment card verification/screening;
· Administrative or legal purposes;
· Security, health, administrative, crime prevention/detection;
· Member communication service;
· To comply with a legal obligation;
· Where you have consented to our using your personal data (e.g. For marketing related uses);
· If it is in our legitimate interests to do so (e.g. for administrative purposes)
Only children above the legal age (generally 16 years or older but varying from country to country) can provide their own consent. Children under the required age, must first obtain the necessary consent of the parents or legal guardians.
We will not retain your data for longer than is necessary to fulfil the purpose for which it is being processed. To determine the appropriate retention period, we consider the amount, nature and sensitivity of the personal data, the purposes for which we process it, and whether we can achieve those purposes through other means.
We also consider the periods for which we might need to retain personal data to meet our legal obligations, or to deal with complaints and queries, and to protect our legal rights in the event of a claim being made.
When we no longer need your personal data, we will securely delete or destroy it. We will also consider if and how we can minimise over time the personal data that we use, and if we can anonymise your personal data so that it can no longer be associated with you or identify you, in which case we may use that information without further notice to you.
Securing your personal data
We follow strict security procedures in the storage and disclosure of your personal data, and to protect it against accidental loss, destruction or damage. The data you provide to us is protected using SSL (Secure Socket Layer) technology. SSL is the industry standard method of encrypting personal information and credit card details so that they can be securely transferred over the internet.
Sharing your personal data
1. Government authorities, law enforcement bodies and regulators for compliance with legal requirements;
2. Other companies, contractors, legal services, debt collection, administration services, member services, credit card or other payment methods to conduct transactions;
4. Legal and other professional advisers, law courts and law enforcement bodies in countries in which we operate, to enforce our legal rights in relation to our contract with you;
International Data Transfer
The Motherhood Village operates businesses in multiple jurisdictions. We require all services providers to process your information in a secure manner and in accordance with the applicable laws on privacy and data protection.
We may collect data from other sources which may not always be obvious, such as through the use of “cookies”. WE may also gather information from both online and offline data providers. This information could include internet browsing behaviour, demographic data or internet-based data.
Cookie are small files which are sent by this site and stored on your computer’s hard drive that contains information that help the website to identify and track the visitor. Cookies do no harm to your computer, consist only of text, cannot contain viruses, and occupy virtually no space on your hard drive.
Member Data Protection Rights
Under certain circumstances, by law you have the right to:
1. Request information about whether we hold personal information about you, and, if so, what that information is and why we are holding/using it.
2. Request access to your personal information (commonly known as a “data subject access request”) This enables you to receive a copy of the personal information we hold about you and to check that we are lawfully processing it.
3. Request correction of the personal information that we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected.
4. Request erasure of your personal information. This enables you to ask us to delete or remove personal information where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal information where you have exercised your right to object to processing.
5. Object to processing of your personal information where we are relying on a legitimate interest (or those of a third-party) and there is something about your particular situation which makes you want to object to processing on this ground. You also have the right to object where we are processing your personal information for direct marketing purposes.
6. Object to automated decision-making including profiling, that is not to be subject of any automated decision-making by us using your personal information or profiling of you.
7. Request the restriction of processing of your personal information. This enables you to ask us to suspend the processing of personal information about you, for example if you want us to establish its accuracy or the reason to processing it.
8. Withdraw consent. In the limited circumstances where you may have provided your consent to the collection, processing and transfer of your personal information for a specific purpose, you have the right to withdraw your consent for that specific processing at any time. Once we have received notification that you have withdrawn your consent, we will no longer process your information for the purpose or purposes to which you originally agreed, unless we have another proper and legitimate basis for doing so.
If you want to exercise any of these rights, then please contact us at:
You will not have to pay a fee to access your personal information (or to exercise any of the other rights). However, we may charge a reasonable fee if your request to access is clearly completely unfounded or excessive. Alternatively, we may refuse to comply with the request in such circumstances.
We may need to request specific information from you to help us confirm your identity and ensure your right to access the information (or exercise any of your rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it.