Terms of Use

Effective Date: 30th January, 2025

The Mumsly website and smartphone app (collectively referred to as Mumsly throughout this document) are owned by Bill & Bill Pty Ltd (ACN 625 045 810) as trustee for The Bills Family Trust (Bill & Bill) and operated by Kofuku Pty Ltd (ACN 645 583 133) (Kofuku). In this document, ‘we,’ ‘us’ and ‘our’ refers to both Bill & Bill and Kofuku.

Mumsly provides tools for mindfulness, mindset and wellness, specifically supporting mothers.

These Terms of Use set out the terms and conditions which govern your use of Mumsly and the Content. By accessing or using Mumsly you agree to be bound by these Terms of Use and our Privacy Policy available at https://mumslyapp.com/pages/privacy-policy.

You acknowledge the following:

• Mumsly provides general information only. Before doing anything in connection with Mumsly, you must consider whether that action is appropriate to you and your circumstances, including your physical and mental health and any other circumstances.
•  Mumsly is not a licenced medical or clinical services provider. Mumsly is not intended to be a substitute for professional medical, psychological or other relevant advice or services, or for diagnostic or treatment purposes of any kind.
• You should always consult a professional if you have any questions or concerns regarding your health or wellbeing. You should not delay obtaining professional medical or other relevant advice, or ignore any such advice, because of any Content that you have read or received on Mumsly.
• Some Content promotes physical activity and may not be suitable for everyone. You should seek advice from your relevant healthcare professional before engaging in any physical activity promoted by Mumsly.
• You should immediately cease undertaking physical activity if at any time during or after using Mumsly, you experience faintness, discomfort, dizziness, pain, shortness of breath or feel otherwise unwell. You are responsible for your own safety and participate in such physical activity at your own risk.
• We do not warrant the reliability, accuracy, correctness or completeness of any of the Content. Users of Mumsly must rely solely on their own assessments and verification of the Content. You are solely responsible for your use of Mumsly.

Access to Mumsly is offered on an “as is” and “as available” basis. We do not guarantee that access to Mumsly will function as intended or be uninterrupted.

We do not represent or warrant that the Content on Mumsly, or the facilities that make it available, will not cause damage or are free from any computer virus or any other defects or errors.

We may withdraw Mumsly at any time and without notice to you. We may limit or restrict your use of Mumsly.

All Content is provided without guarantees or warranties of any kind, either express or implied. All terms implied by law, except those that cannot be lawfully excluded, are excluded. All Content is subject to change without notice.

We may make changes to any Content, products or services offered on Mumsly, or to the prices for those products or services, at any time, without notice. Content on Mumsly relating to products and services may be out of date, and we make no commitment to update such Content.

4.1            Your representations and warranties

You are responsible for Your Content. You represent and warrant that:

(a) you are the sole author of, own, or are otherwise permitted to use all of the rights in Your Content;

(b) Your Content was not submitted via the use of any automated process such as a bot, script or other automated software;

(c) use of Your Content by us and any third party services used by us as part of Mumsly will not violate or infringe any rights of yours or any third party; and

(d) Your Content does not otherwise violate any part of these Terms of Use.

4.2            Risks associated with Content

You assume all risks associated with Your Content. While we reserve the right to remove Your Content, you accept and agree that Your Content, and any and all liability arising from Your Content, is your sole responsibility.

4.3            Abusive or offensive content

In any use of Mumsly or use of any social media platforms where you tag or otherwise associate with Mumsly, you must not:

(a) use obscene, offensive, insulting or hateful language;

(b) abuse, bully, harass or threaten any other person;

(c) post anything which is likely to offend, insult or humiliate others, particularly on the basis of their race, colour, descent, national origin, religion, ethnicity, gender, gender identity, age, sexual orientation or any disability;

(d) post anything which vilifies others on the basis of their race or religion;

(e) post anything which incites or induces violence, discrimination, harassment, victimisation or hatred towards others;

(f) make any defamatory, libellous or otherwise unlawful comments; or

(g) incite or encourage conduct that may constitute a criminal or civil offence or otherwise violate Australian law.

4.4            No lifting of Content

You must not use any robot, spider, screen scraper, data aggregation tools, deep-link or other automatic or manual process to:

(a) access, monitor, copy or extract any part of Mumsly or any Content;

(b) in any way reproduce or circumvent the navigational structure or presentation of Mumsly or any Content; or

(c) obtain or attempt to obtain any materials, documents, information or Content through any means not purposely made available through Mumsly.

4.5            No hacking

You must not attempt to gain unauthorised access to any part of Mumsly or any other systems or networks connected to Mumsly, or to any Mumsly server, or to any of the Content of Mumsly, by hacking, password “mining” or any other illegitimate means.

You must not probe, scan or test the vulnerability of Mumsly or any network connected to Mumsly. You must not breach the security or authentication measures on Mumsly or any network connected to Mumsly.

4.6            No interference or overloading

You must not interfere or attempt to interfere with the proper working of Mumsly or any transaction being conducted on Mumsly, or with any other person’s use of Mumsly.

You must not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of Mumsly or Kofuku’s systems or networks, or any systems or networks connected to Mumsly.

4.7            No unlawful use

You must not use Mumsly or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Kofuku or any other person.

4.8            Content removal

We reserve the right to at any time, and without notice, remove, block or disable any Content that we consider is not appropriate for Mumsly or that otherwise violates these Terms of Use including Your Content. Subject to the requirements of applicable law, we are not obligated to return any of Your Content to you under any circumstances.

4.9            Termination and suspension

We reserve the right to terminate or suspend your access to Mumsly at any time if you breach these Terms of Use.

5.1            Your Content within Mumsly

By uploading, transmitting, posting or otherwise making available Your Content in Mumsly, you permit to us using, storing, processing and transmitting Your Content (including to our third party service providers) as reasonably required to run Mumsly and provide any functionality of Mumsly or any services provided through Mumsly.  

5.2            Your Content outside Mumsly

By sharing, posting or otherwise making available any of Your Content on social media or any other public platform in connection with Mumsly, you grant us a non-exclusive, worldwide, royalty-free, perpetual and irrevocable licence to use, reproduce, communicate to the public, edit and exploit Your Content in any form and for any purpose.

5.3            Our Content

All intellectual property rights in the Content are owned or licensed by us.

We grant you a limited, revocable, non-sublicensable licence to view the Content solely for your use in connection with using Mumsly in accordance with these Terms of Use.

Except where necessary for viewing the Content on Mumsly on your browser or within the app on your phone, or as permitted under the Copyright Act 1968 (Cth) or other applicable laws or these Terms of Use, you must not reproduce, modify, translate, publish, upload to a third party, link to, frame, perform in public, distribute or transmit any of the Content in any form by any process without our specific prior written consent.

5.4            Proprietary marks

“Mumsly”, and all associated trademarks are owned or used under licence by Kofuku.

You must not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) which may be affixed to or contained within Mumsly.

6.1            Our liability

Nothing in these Terms of Use is to be construed as excluding, restricting or modifying the application of any liability of Kofuku to the extent that it cannot by operation of law (including the operation of the Australian Consumer Law and consumer guarantees provided under the Australian Consumer Law) be excluded, restricted or modified.

Subject to any responsibilities implied by law and which cannot be excluded, Kofuku and its directors, employees, agents and contractors, are not liable to you for any losses, damages, liabilities, claims and expenses (including but not limited to legal costs and defence or settlement costs) whatsoever, whether direct, indirect or consequential, arising out of or referable to any Content on Mumsly, to any material on linked websites, or to your access or use of Mumsly however caused, whether in contract, tort (including negligence), statute or otherwise.

You indemnify us in respect of any claim, liability, loss, damage, cost or expense suffered or incurred by Kofuku arising from or in connection with your breach of these Terms of Use or your use of Mumsly.

6.2            Third parties

We may feature or display links, or may otherwise direct you to websites, apps, products or services owned or provided by third parties. We are not responsible for any content that appears on these websites or apps or any such products or services. We do not endorse the operators or content of any linked websites and make no warranties or representations regarding the quality, accuracy, merchantability or fitness for purpose of any linked websites, apps, products or services.

These are the current Terms of Use. They replace any other terms of use previously published on Mumsly.

We may at any time vary the Terms of Use by publishing the varied Terms of Use on Mumsly. The new Terms of Use will apply to your use of Mumsly after the date that we post the change on Mumsly.

If you do not agree with the change, then you must alter or cease your use of Mumsly accordingly.

The law applicable to Mumsly and to disputes arising from or in connection with Mumsly is the law of the State of Western Australia and you irrevocably submit to the exclusive jurisdiction of the courts of Western Australia in respect of any such dispute.

The meanings of the terms used in these Terms of Use are set out below:

Kofuku, our, us or we means Kofuku Pty Ltd (ACN 645 583 133).  

Content means all information and data (including data files, written text, computer software, location data, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of Mumsly.

person means any natural person, company, partnership, joint venture, association, corporation or other body corporate.

Terms of Use means this document as updated from time to time at https://mumslyapp.com/pages/terms-of-use.

user means a person who accesses or uses Mumsly for any purpose.

you or your means the person who accepts these Terms of Use, either personally or on behalf of an association or other legal entity and includes, if acceptance is on behalf of an association or other legal entity, the association or other legal entities’ officers, employees, members and agents.  

Your Content means content that you upload, share or transmit to, through or in connection with Mumsly, such as journal entries, comments, images, photos, account information or other material which you upload, post or publicly display in your Mumsly profile, on your social media accounts or any other public forum, app, or platform.