Terms & Conditions
Thank you for choosing to book one of the services that we offer, which are provided by The Pregnancy Culture, a division of Maternally Happy Pty Ltd (us/we). Before you proceed, please review the terms that we provide our service and confirm your acceptance of these terms by proceeding with your booking. If you have any queries about these terms, please contact us via our contact form or alternatively, thepregnancyculture@gmail.com
Our payment and refund policy
We require full payment in advance before any booking for a service is accepted. We require 24 hours notice for cancellation and/or rescheduling. Unless expressly stated below, this payment is not refundable. However, we understand that unfortunate events do occur and will (at our discretion) consider requests for pro rata refunds. We also have a standing policy to refund pro rata payments if you unfortunately experience pregnancy loss (miscarriage).
We may also choose to stop providing the service to you. If we do, we will also provide a pro rata refund.
Your privacy
To provide our service, we will need to ask and collect personal information about you. We will keep this information confidential and will only use it to provide our service to you except where we have your written consent.
You can also request by email for us to:
- Let you know what personal information we hold about you; and
- Update or delete any of your personal information.
Our intellectual property
In providing our service to you, we own all the rights (including copyright) in the advice that we provide you (in writing or verbally). The content of our advice is confidential and you may only use it for your personal use.
If there is any unauthorised access or use of any part of our advice, you must let us know immediately and take all steps to prevent further unauthorised access or use.
Our minimum age policy
Currently, we unfortunately cannot provide our service to individuals that are less than 18 years old. You represent to us that you are 18 years old or above by proceeding with the booking.
Limitation of liability
Nothing in these terms limits or excludes any guarantees, warranties, representations or conditions that are implied or imposed by law (including the Australian Consumer Law) or any liability under them. Subject to this, and to the extent permitted by law, you acknowledge that:
(a) the services we provide (including advice) are provided to you ‘as is’ and we exclude all terms, guarantees, warranties, representations or conditions about our services which are not expressly stated in these terms;
(b) we (and any of our directors, employees or contractors) will not be liable for any loss or damage arising out of or in connection with our services (at common law, tort, contract, equity, statute or otherwise), including any loss of profit or opportunity, or special, indirect or consequential loss or damage, except to the extent of any loss or damage that is reasonably foreseeable from our failure to meet any applicable consumer guarantee under Australian Consumer Law; and
(c) our total liability arising out of or in connection with any of our services will not exceed us resupplying the service to you.
Dispute resolution
If you have a dispute arising out of or in connection with any of our services, you agree not to commence any court or tribunal proceedings regarding the dispute unless urgent interlocutory relief is sought or until these dispute resolution clauses are complied with.
To claim a dispute under these terms, you must give us written notice of the dispute and provide information on the nature of the dispute and the outcome requested to resolve the dispute.
When we have received the notice, you must discuss the dispute in good faith with us to resolve the dispute within 7 calendar days. If the dispute is not resolved by this period, you and we agree to appoint a mediator (selected by agreement or, failing this, you agree that we can request the Commissioner or the Victorian Small Business Commission to appoint a mediator). You and we agree to attend a mediation in Melbourne, Australia to resolve the dispute in good faith. You agree to be equally liable for the fees and expenses of a mediator and the cost of the mediation, and that you will pay your own costs associated with the mediation.
General
We reserve the right to change any of these terms by notifying you of the change, as long as they do not materially affect any of the services that we are currently providing you.
These terms continue to apply after we complete or stop providing you the service that you have booked. If a court finds that any of our terms are void or unenforceable, those terms are severed from these terms and the rest of the terms continue to apply.
These terms are governed by the laws of the State of Victoria and the parties submit to the exclusive jurisdiction of the courts of the State of Victoria.