Health Disclaimer, Terms & Conditions

These Terms of Service (“Terms”) apply to all current members, or all potential members of Mothers Mylk Pty Ltd [ABN 46 666 719 553] t/a Mothers Clinic Australia (“we, us, our”). These Terms together with any other terms and conditions and policies we publish or link to on our Website and Services form an Agreement with us (“Agreement”). “You” could be any member of ours.

Our Courses involve various health and nutrition advice for pregnancy, postpartum and motherhood - we help you via video modules which, explain dietary requirements, health conditions during pregnancy, postpartum and motherhood, supplement recommendations, blood tests to ask for and other nutritional or naturopathic treatments for common pregnancy, postpartum and motherhood health concerns. We provide various materials during your Membership/Mini-course, including diagrams, documents, photographs, spreadsheets, videos, worksheets and recipes. 

1. General Health Disclaimer

All content provided by Mothers Clinic Australia is reviewed by our team of professionals. We make reasonable efforts to ensure the information is current, accurate, and appropriate. However, we do not provide any guarantees, and we disclaim liability for any injury, loss, or consequences that may arise from the use or reliance on this information.

Mothers Clinic Australia does not accept any liability to any person for any injury, loss, damage or consequences incurred by use of or in reliance on the information provided in this site/membership. The information provided in this site is not intended to replace the advice of your healthcare practitioner. It does not take into account your individual health, medical, physical, psychological or emotional situation. The information in this site is designed to provide a basic understanding of the topics discussed. 

Before acting on any information provided, please consider your personal situation and consult with a qualified healthcare professional. Our content should never be used to diagnose a medical condition.

2. Things you must do before joining

To join our Membership or Mini-courses, you must:
• Be at least 18 years of age, or have documented parental/guardian consent if under 18.
• Provide complete and accurate personal and account information, and keep this information up to date; and
• Ensure you have access to a reliable internet connection and a compatible device to use our course platform and materials. 

We deliver all course materials through a secure online membership portal. Please check your technology setup in advance to make sure you can access everything without interruption.

3. Things you must do after joining

Once your Membership or Mini-course access begins, you agree to:
  • Keep your account login details secure and private;
  • Not share your access or course materials with others;
  • Contact us at hello@mothersmylk.co if you experience technical issues or cannot download materials;
  • Not copy, share, reproduce or sell any of the materials in any format without our permission;
  • Contact us at hello@mothersmylk.co if you require assistance;
  • Obtain written permission before publishing or sharing any information about us publicly; and
  • Keep any communication around disputes private and respectful.

You acknowledge and agree that:
  • While we aim to recommend only TGA-approved products, we cannot guarantee the approval status or safety of every product or manufacturer.
  • Our content does not replace professional medical advice. It is your responsibility to determine whether the advice is right for your individual needs. For example, sometimes the Materials could be classed as health or medical advice, but your personal situation has not been considered when providing the advice. You must consider whether or not the information is appropriate to your needs. We strongly recommend that you obtain independent professional health or medical advice before making any decisions or taking steps towards reliance on our information.
  • You are at all times responsible for your own safety and wellbeing. We are not an emergency services, or your healthcare provider. 

You further acknowledge and agree that:
• Occasionally there may be errors in descriptions, pricing, or availability. Some services may have limited availability or be restricted to certain locations;
• We may update or pause services, including course materials, without prior notice;
• from time to time we may remove the Learning Materials &/or Services for indefinite periods of time or cancel the Membership Services at any time without notice to you;
• Technical issues may arise when accessing or downloading digital content; and
• Your use of the site and services is at your own risk.

We may suggest third-party suppliers for certain products. These are simply recommendations—we are not affiliated with these suppliers and are not responsible for your experience or any refunds related to their services.  

4. Copyright

All content on our website and inside our Membership/Mini-courses is protected by copyright laws under the Copyright Amendment (Moral Rights) Act 2000. All rights reserved.

Unless clearly stated otherwise:
  • All materials (including text, graphics, videos, audio, logos, documents, code, page layouts, recipes, and downloadable content) are the property of Mothers Clinic Australia or our approved third-party partners.
  • These materials are for your personal use only and may not be copied, reproduced, distributed, scanned, stored, recorded, or transmitted in any form without our prior written permission.


By continuing to use our site or services, you agree to respect these intellectual property rights, which are protected under Australian and international law.

5. Third Party Intellectual Property

Some content featured on our website or in our materials—such as product images, logos, or descriptions—may be owned by third-party manufacturers, distributors, or service providers. These remain the intellectual property of the original owners.

Unless clearly stated otherwise:
You are not permitted to copy, reuse, modify, or distribute this third-party content without written permission from the relevant owner. 
Your use of our website does not grant you any rights over third-party intellectual property.

If you’re unsure whether content is owned by us or a third party, please reach out to us at hello@mothersmylk.co before using it.

6. Motherhood Membership Subscription Fees

Your Motherhood Membership fee will be automatically charged to your nominated debit or credit card unless you or we cancel the membership, as outlined in our cancellation terms.

By joining, you authorise us to:
• Deduct your Membership Fee and any other outstanding charges from your chosen payment method; and
• Pass on any applicable currency conversion or financial service provider fees, if relevant.

Please ensure your account has enough funds on the scheduled payment date. If a payment fails: We may retry the charge without notice. Where you fail to make payment or payment is declined for any reason, you must provide a new eligible method of payment immediately or we may suspend or revoke your membership access.
If you have any special offer discounts, they must be used at the time of purchase to apply; they cannot be applied retrospectively.

7. Accounts

To access our services, you'll need to create an account with accurate personal and payment details.
You agree to:

  • Provide honest and complete information when setting up your account. 
  • Keep your account information up to date at all times.
  • Only submit payment details that you’re authorised to use.


Security & Responsibility
  • Keep your login details (email and password) private and secure.
  • Don’t share your account with others—we’re not liable for any loss or misuse caused by shared access.
  • Avoid saving login details on shared devices.


If you believe someone else has accessed your account without permission, contact us immediately at members@mothersmylk.co. We’ll suspend your account and review any unauthorised activity. 
Please note: if a service has already started before you notify us, charges may still apply for that payment cycle.

Username Use
When creating your username, please ensure it aligns with the respectful and non-disruptive behaviour outlined in Section 3. Failure to do so may result in your account being suspended or deleted.

8. Termination and Cancellation of Accounts

You may cancel your account with us at any time by emailing hello@mothersmylk.co.

We also reserve the right to suspend or terminate your account if:
  • You breach any part of this Agreement; or
  • There is misuse of services or materials; or
  • We’re no longer able to offer the Membership/Mini-course Services.


If we terminate your account:
  • You’ll be notified via email.
  • Any upcoming services or payments will be cancelled.
  • We may choose not to provide a reason, though we aim to be fair and transparent wherever possible.


Please note: Termination means your access to course materials and services will end immediately, and any remaining billing cycle time will not be refunded unless required under Australian Consumer Law.

9. Acknowledgement you make in relation to emergencies and crisis situations

We are not an emergency service and cannot respond to crisis situations.

If you are in crisis, feeling unsafe, or need urgent help, please contact emergency services (000 in Australia) or a local crisis support line such as Lifeline (13 11 14) or PANDA (1300 726 306).

While we can refer you to appropriate support services, we are not able to provide immediate assistance. By joining our Membership or Mini-courses, you acknowledge this and agree to seek professional help if you experience a mental health crisis during your time with us.

Your safety always comes first.

10. Orders and Provision of Services

When you purchase a Membership or Mini-course, your order is an offer to access our services. We’ll confirm your purchase by email before your access begins.

Your confirmation email will include:
  • A summary of your order and what’s included
  • Total cost, including any applicable taxes or fees
  • Login details and access instructions


Fulfilment & Access
We aim to activate your access within 1 business day. If there’s a delay, we’ll let you know as soon as possible. While we do our best to meet timelines, they are not guaranteed.
If you request services to start within 14 days of purchase, you acknowledge that this may affect your right to cancel under consumer law.

Billing
Your payment will be charged upfront and/or on a recurring basis depending on your plan. Full details are outlined at the time of purchase.

Incorrect Orders
If there’s an error with your order, email us at hello@mothersmylk.co and we’ll resolve it within 5 business days.

Technical Support
Support is available via email or through our support portal. We do our best to respond quickly but cannot guarantee specific response times

11. Sharing your story (Testimonials & Case Studies)

We love hearing from mums in our community—and with your permission, we’d love to share your story.

If you choose to send us:
  • Testimonials
  • Photos or videos
  • Case studies or feedback


You’re giving us permission to use this content across our platforms, including social media, websites, awards submissions, and marketing materials. This includes all related copyright and reproduction rights under the Copyright Act 1968. We’re always respectful with your words and imagery, and we’ll never misrepresent your experience.

Changed your mind? 
If you’d like to revoke permission after submitting something, just email us at hello@mothersmylk.co and we’ll remove it where reasonably possible.

12. Refunds

Due to the nature of the digital products, refunds are not permitted.

We do not offer refunds for change of mind, inability to access services due to your own circumstances, or unused content unless required under Australian Consumer Law.

We do not guarantee that our services will meet every individual’s expectations or outcomes.
If we ever need to cancel or discontinue the Services for any reason you’ll be notified in advance. 

13. Important Acknowledgments

By accessing, viewing, or purchasing any of our courses or memberships, you acknowledge and agree that:

The information provided is general in nature and should not be relied upon as a substitute for professional or personalised advice.

  • You understand and accept these Terms and Conditions.
  • All content is developed in alignment with Australian health regulations.
  • We cannot guarantee its relevance or legal compliance in other countries.
  • Some products or services mentioned may only be available in Australia.


If you're outside of Australia, it's your responsibility to check whether the content and recommendations are suitable or available in your region.

14. Changes to Information on our website and these Terms and Conditions

We may update or change our services and website content at any time, including:
  • Membership or Mini-course pricing
  • Program availability, content or features
  • Promotions, service descriptions, and general information


While we do our best to communicate major changes, we may make updates without prior notice, unless legally required to do so.
We also reserve the right to modify or discontinue any part of our services at any time.

15. Your Rights Under Australian Consumer Law

Our services come with guarantees under the Australian Consumer Law that cannot be excluded. If there’s a major issue with your Mini-course, you have the right to:

  • Cancel your account and request a refund, or
  • Receive compensation if the service value was significantly reduced.


If the issue is not major, we’ll work to fix the problem within a reasonable time. If we’re unable to do so, you may be entitled to cancel and request a refund.*

* Please refer to section 12 for further information on our refund Policy.

16. Our Right to Refuse or Stop Services

We strive to support every member in a respectful, safe environment—but we reserve the right to:
  • Decline service to anyone at our discretion, and
  • Suspend or cancel your access to Membership or Mini-course Services if you breach our Terms or misuse the platform.


We may also change, pause, or discontinue parts of our services at any time. While we aim to communicate major updates, we are not liable for any impact this may have on your access, unless required by law.

Thank you for treating our team, community, and services with the same care and respect we aim to offer you.

17. Use of Our Content & Intellectual Property

All course content, materials, and resources provided by Mothers Clinic Australia are protected by Intellectual Property Law. This includes videos, documents, tools, graphics, text, and any other learning content.

We grant you a personal, non-transferable, revocable licence to use these materials: 
  • For your own learning and private use only
  • For the duration of your Membership or Mini-course access

You may not:
  • Share, copy, reproduce, sell, or distribute any of our content
  • Use our materials for business, commercial, or teaching purposes without our written consent
  • Claim ownership or edit the materials in any way


Any additional use may require a paid licence and written approval. To request permission, email us at hello@mothersmylk.co. We appreciate you respecting the hard work behind these resources.

18. General Advice Disclaimer

The information we provide throughout our materials—including videos, handouts, and course content—may include health, medical, or wellness guidance.

We do our best to ensure all content is:
  • Well-researched
  • Based on current best practices
  • Reviewed by qualified professionals

However, we cannot guarantee that all content is:
  • Free from occasional errors or omissions
  • Aligned with every individual health opinion or perspective
  • Fully up to date with the most recent clinical guidelines or regulations
  • Complete for every user's personal situation


Important: All content is provided for educational purposes only and should not be relied on as a substitute for personalised medical advice. Always consult your healthcare provider before making health decisions based on our materials.

19. Limitation of Liability & Your Responsibility

We do our best to provide helpful, high-quality support and information—but by using our services, you agree to the following:

To the fullest extent permitted by law:
  • We are not liable for any loss, damage, or interruption arising from your use (or inability to use) our website, content, or Membership/Mini-course Services.
  • This includes—but is not limited to—errors in content, service changes or cancellations, reliance on any advice, or issues caused by third-party links or external platforms.
  • If we are found liable under Australian Consumer Law, we may choose to either:
1. Provide a replacement service, or
2. Refund the cost of the service up to a maximum of $100.

Your Responsibility (Indemnity):
By joining our services, you agree to take responsibility for:
  • Any incorrect or misleading information you provide
  • Any breach of our terms, including sharing content or disrespecting group session rules
  • Any infringement of our intellectual property rights


You agree to indemnify (protect) us from any resulting claims or costs connected to these actions.

20. Unforeseen Events (Force Majeure)

Sometimes, things happen that are completely out of our control. If an unexpected event occurs—such as a natural disaster, pandemic, power outage, or government restriction—we may not be able to deliver our services as planned.

These situations are known as Force Majeure Events, and in such cases:
  • We won’t be considered in breach of this Agreement, and
  • We are not liable for any loss, delay, or inconvenience caused by these events.


We’ll always do our best to communicate clearly and resume services as soon as possible.

21. Dispute Resolution

We’re committed to resolving any concerns quickly and fairly.
If you ever have a concern or feel something hasn’t met your expectations, please contact us at hello@mothersmylk.co. We’re here to listen and work with you.

If a dispute arises that cannot be resolved through open communication, both you and Mothers Clinic Australia agree to:
  • Seek resolution through a qualified, independent mediator or dispute resolution specialist
  • Cover your own costs related to the resolution process


We believe respectful and clear communication is key—and we’re here to work with you toward a fair outcome.


FINAL TERMS
This Agreement is governed by the laws of Queensland, Australia, and any legal matters will be handled under that jurisdiction. It replaces any previous agreements, discussions, or communications you’ve had with us about your use of the website, courses, or services. If any part of this Agreement is found to be invalid or unenforceable, that part will be removed, but the rest will continue to apply. Not enforcing a right straight away does not mean we waive it for the future. Some obligations (like respecting our intellectual property or payment terms) will continue even after your membership or access ends.


KEY DEFINITIONS
"Australian Consumer Law" means Schedule 2 of the Competition and Consumer Act 2010 (Cth).
"Agreement" means these terms, and the general website terms and conditions and all other terms and conditions and policies published or linked to on our Website.
"Claim" means any claim, under statute, tort, contract or negligence, any demand, award or costs.
"Force Majeure Event" means any event beyond our control which prevents us from complying with our obligations under this Agreement, including but not limited to, a pandemic, act of God, such as fires, earthquakes, floods; war or hostilities, riots, strikes, disorder or acts or threats of terrorism, or electrical failure, changes to regulations, weather events, travel limitations, venue closures.
Intellectual Property Rights means all copyright, trademarks, design rights, patents, trade secrets and confidential information whether registered or unregistered.
"Loss or Damage" means any direct, indirect, incidental, punitive, special, or consequential loss or damages of any kind, including but not limited to, any loss of profits, revenue, savings, loss of data, loss of enjoyment, virus to systems, personal injury, death, property damage and legal costs.
"Materials" means any of our materials, and includes, and anything provided to you during your Membership/Mini-course subscription.
"Membership Services Fee" means the Motherhood Membership Services fee as advertised on our website from time to time.
"Membership Services Period" means the time in which you have paid access to our membership and materials. 
"Membership Services" means the Motherhood Membership Services available to you through this website and includes all Materials.
"Minimum Term" means the minimum term of your Membership Services before you can cancel which is No, upfront payment required.
"Mini-course" means the mini-course Services available to you through this website and includes all Materials.
We, us, or our means Mothers Mylk Pty Ltd [ABN 46 666 719 553] t/a Mothers Clinic Australia and includes any of our directors, officers, employees, agents, partners, contractors.
"Website and Services" means (courses.mothersmylk.co) and https://mothersmylk.co, and everything available on this website including, but not limited to, all Membership/Mini-course Services.
"Account" means collectively the personal information, Payment Information and credentials used by Users to access Paid Content and / or any communications System on the Website.
"Content" means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website.
"Facilities" means collectively any online facilities, tools, services or information that Mothers Clinic Australia makes available through the Website either now or in the future.
"Payment Information" means any details required for the purchase of Services from this Website. This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes.
"Premises" means Our place(s) of business located at C/O Salty Spaces - The Wharf Mooloolaba, 123 Parkyn Parade, Mooloolaba QLD 4557 Australia.
"System" means any online communications infrastructure that Mothers Clinic Australia makes available through the Website either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links.
"User" / "Users" means any third party that accesses the Website and is not employed by Mothers Clinic Australia Ltd and acting in the course of their employment.

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