These Terms of Service (“Terms”)
apply to all current members, or all potential members of Mothers
Mylk Pty Ltd [ABN 46 666 719 553] (“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
Our Membership involves various nutrition advice for pregnancy - we help you via video modules which, explain dietary requirements, health conditions during pregnancy, supplement recommendations, blood tests to ask for and other nutritional or naturopathic treatments for common pregnancy health concerns. We provide various materials during your Membership, including diagrams, documents, photographs, spreadsheets, videos and worksheets.
The authors and contributors of Mothers Mylk Pty Ltd review all content and have made reasonable efforts to ensure that all information provided is appropriate, accurate, and up-to-date however make no warranty. The authors do 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/course. The information in this site/course 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/course is designed to provide a basic understanding of the topics discussed.
Before acting or using any of the information provided in this site/course you must have regard to your own personal situation and needs and consider if this information is right for you. This site/course should not be used to diagnose a suspected medical condition and for a diagnosis you must consult with your health care professional.
• be 18 years old or have parental consent;
• provide complete and accurate information to us, including account information, and promptly inform us of any updates to your information; and
• ensure you have adequate technology set up and internet access to make use of the Membership. We use a Membership portal on our website.
- maintain the confidentiality of your login and password for your account;
- not allow other people to use the Materials or your account;
- contact us by email at if you have any difficulty downloading any Materials;
- not reproduce, duplicate, copy, sell, re-sell or exploit the or Materials in any way;
- contact us by email at if you have any issues with the Services and require a refund;
- seek our prior written consent before any publication of information about us; and
- in the case of a dispute keep all communications confidential
You acknowledge and agree that:
- whilst we endeavour only to recommend TGA approved products, we cannot guarantee that they are TGA approved or assessed for safety and quality or that the facility of manufacture is certified;
- the Materials we provide are not a substitute for independent professional advice and any reliance on this information is at your sole risk. 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.
- participation in the Membership is voluntary and is always at your sole risk. You are at all times responsible for your own safety and wellbeing. We are not an emergency service, and are not your doctor or health professional. You must always seek proper advice from a professional regarding any diagnosis or treatment.
You further acknowledge and agree that there may be:
• occasional errors or omissions in our descriptions, prices, availability and promotions;
• some services with limited places or that are limited to certain regions or groups of people;
• from time to time we may remove the Membership Services for indefinite periods of time or cancel the Membership Services at any time without notice to you;
• there may be technical problems downloading Materials, and there are inherent risks associated with downloading digital products and using online software; and
• your use of the Website and Membership Services, or inability to use the Website and Membership Services is at your sole risk.
Except as required by law, we cannot guarantee the accuracy or reliability of the information, or the availability of the Services.
You also acknowledge that we may make recommendations of suppliers for various products or services during your Membership. Any recommendations are only recommendations, and if you purchase from the supplier that is a contract between you and the supplier, and we are not involved. Therefore, you must direct any product or service concerns, requests for refunds or other feedback to the supplier.
- This work is copyright. The rights of Mothers Mylk have been asserted under the Copyright Amendment (Moral Rights)Act (2000). All rights reserved. No part of this work may be reproduced, copied, scanned, stored, recorded or transmitted in any form or by any means, without prior written permission from the authors.
- Subject to the exceptions in Clause 5 of these Terms and Conditions, all Content included on the Website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Mothers Mylk Pty Ltd, our affiliates or other relevant third parties. By continuing to use the Website you acknowledge that such material is protected by applicable Australia and International intellectual property and other laws.
Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.
Subject to Clause 6 you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Website or unless given express written permission to do so by the relevant manufacturer or supplier.
The Membership Fee is automatically deducted from your nominated payment method unless you or we cancel your Membership in accordance with the cancellation or termination terms below.
You authorise us to:
• deduct the Membership Fee and all other accrued and owing fees from your debit or credit card; and
• deduct any applicable currency conversion fees or financial service provider fees where relevant.
You must ensure that sufficient funds are available in your nominated account to meet any withdrawals made by us on their scheduled due dates. Where payment is defaulted or not received, you authorise us to debit any outstanding funds from your nominated account, without the need for notifying you.
If you have any special offer discounts, they must be used at the time of purchase to apply; they cannot be applied retrospectively.
- In order to procure Services on this Website and to use certain other parts of the System, you are required to create an Account which will contain certain personal details and Payment Information which may vary based upon your use of the Website as We may not require payment information until you wish to make a purchase. By continuing to use this Website you represent and warrant that:
- all information you submit is accurate and truthful;
- you have permission to submit Payment Information where permission may be required; and
- you will keep this information accurate and up-to-date. Your creation of an Account is further affirmation of your representation and warranty.
- It is recommended that you do not share your Account details, particularly your username and password. We accept no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.
- If you have reason to believe that your Account details have been obtained by another person without consent, you should contact Us immediately to suspend your Account and cancel any unauthorised orders or payments that may be pending. Please be aware that orders or payments can only be cancelled up until provision of Services has commenced. In the event that an unauthorised provision commences prior to your notifying Us of the unauthorised nature of the order or payment then you shall be charged for the period from the commencement of the provision of services until the date you notified us and may be charged for a billing cycle of one month.
- When choosing your username you are required to adhere to the terms set out above in Clauses 3. Any failure to do so could result in the suspension and/or deletion of your Account.
- Either Mothers Mylk Pty Ltd or you may terminate your Account. If We terminate your Account, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, We reserve the right to terminate without giving reasons.
- If We terminate your Account, any current or pending orders or payments on your Account will be cancelled and provision of Services will not commence.
You acknowledge and agree that we are not and are not readily available for these situations. If you are experiencing a crisis you must contact an emergency service.
In the event that you experience a crisis during your Membership or during a session, we will refer you to appropriate service and you agree to seek assistance immediately.
- No part of this Website constitutes a contractual offer capable of acceptance. Your order constitutes a contractual offer that We may, at Our sole discretion, accept. Our acceptance is indicated by Us sending to you an order confirmation email. Only once We have sent you an order confirmation email will there be a binding contract between Mothers Mylk Pty Ltd and you.
- Order confirmations will be sent to you before the Services begin and shall contain the following information:
- Confirmation of the Services ordered including full details of the main characteristics of those Services;
- Fully itemised pricing for the Services ordered including, where appropriate, taxes, delivery and other additional charges;
- Relevant times and dates for the provision of the Services;
- User credentials and relevant information for accessing those services.
- If We, for any reason, do not accept your order, no payment shall be taken under normal circumstances. In any event, any sums paid by you in relation to that order will be refunded within 14 calendar days.
- Payment for the Services shall be taken via your chosen payment method, immediately for any setup fee that corresponds to the service plan you purchased and at the same day of each subsequent month (“billing cycle”) for charges accrued during the previous month (“billing cycle”) AND/OR as indicated in the order confirmation you received.
- We aim to fulfill your Order within 2-3 working days or if not, within a reasonable period following your Order, unless there are exceptional circumstances. If we cannot fulfill your Order within a reasonable period, we will inform you at the time you place the Order by a note on the relevant web page or by contacting you directly after you place your Order. Time is not of the essence of the Contract, which means we will aim to fulfill your Order within any agreed timescales but this is not an essential term of the Contract and we will not be liable to you if we do not do so. If the Services are to begin within 14 calendar days of Our acceptance of your order, at your express request, you will be required to expressly acknowledge that your statutory cancellation rights, detailed below in Clause 14, will be affected.
- Mothers Mylk Pty Ltd shall use all Our reasonable endeavours to provide the Services with reasonable skill and care, commensurate with best trade practice.
- In the event that Services are provided that are not in conformity with your order and thus incorrect, you should contact Us immediately to inform Us of the mistake. We will ensure that any necessary corrections are made within five (5) working days.
- Additional terms and conditions may apply to the provision of certain Services. You will be asked to read and confirm your acceptance of any such terms and conditions when completing your Order.
- Mothers Mylk Pty Ltd provides technical support via our online support forum and/or phone. Mothers Mylk Pty Ltd makes every effort possible to respond in a timely manner but we do not guarantee a particular response time.
We conduct various events as part of your Membership Services. We reserve the right to exclude you from any event if you become disruptive or disrespectful to other participants during any of our live or in person events. You acknowledge and agree that we may make recordings of events that you participate in, including in person and online events. These recordings may be audio, video or still photographs, and may be used by us for marketing or information purposes. Your participation in the events is subject to you granting us the copyright in all recordings to use, reuse and publish the recordings where you may be depicted or included, in whole or in part, in composite or distorted in character or form, without restriction as to changes from time to time, in any media now or developed in future. You waive all rights to approve of the finished recordings.
We’d love you to provide us with any photos, videos, testimonials, and/or case studies so we can use them for marketing and information purposes, publications, exhibitions and professional awards across all print or digital mediums, including our social media channels.
However, please note that by providing us with photos, videos, testimonials and/or case studies you assign copyright ownership to us. This includes all copyright and any other rights under the Copyright Act 1968 and the right of reproduction either wholly or in part. If you provide content but subsequently want to revoke permission to use it, it is your responsibility to notify us immediately at [email protected]
If you need to cancel your Membership please email us at [email protected] with 7 days notice so you will not be billed automatically for the following month. All our Membership Services are for the Membership Period. We do not provide any refunds for Membership Fees.
If we need to cancel the Membership Services, we will provide a refund. Except as required by law, all payments are non-transferable and non-refundable. On occasion, we may cancel the Membership Services where we are no longer able to provide them. In these or similar circumstances where you have paid in advance, we will provide you with a refund. We will notify you as soon as possible of any changes to the Membership Services. We do not provide refunds except as required under the Australian Consumer Law.
Acknowledge that you will not rely on any of its contents, but will treat the information as being only of a general and informative nature. Otherwise acknowledge, accept and agree to abide by these terms and conditions. The information contained in this site/book complies with Australian health regulations only. The authors and contributors have made every effort to ensure that the information provided in this site/course complies with the Australian health regulations. The authors take no responsibility for the accuracy or legal compliance of the information in other countries. Products referred to in this site/course may not be available in other countries outside of Australia.
Except as required by law, we may at any time, and without prior notice to you:
• change and update information including availability and promotions;
• change prices or descriptions of our Membership Services; and
• discontinue any Membership Services.
Our Membership Services come with guarantees that cannot be excluded under Australian Consumer Law. For major failures with the Membership Services, you are entitled:
- to cancel this Agreement with us and to a refund of the unused portion, or
- to compensation for its reduced value.
You are also entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure you are entitled to have problems with the service rectified in a reasonable time, and, if this is not done, to cancel our Agreement and obtain a refund for the unused portion of the Agreement.
Except as required by law we do not warrant the quality of the Membership Services or warrant that they will meet your expectations. We do not provide refunds for changes of mind, where you fail to provide us with adequate information, where you can no longer benefit from the Membership Services or where you fail to comply with our instructions.
We may refuse to provide our Membership Services to you, or anyone, for any reason, at any time. In particular, if you breach this Agreement, we may immediately terminate your use of our Website and Services, any account and disable your ability to purchase a Membership. We can also change, suspend or stop providing Membership Services at any time, for any reason. We are not responsible to you for any changes, or if we suspend or stop our Membership Services.
All the Intellectual Property Rights in our Materials are owned by or licensed by us. We grant you a non-exclusive, non-transferable, royalty-free, revocable licence for to use our Materials for your personal use only. This licence to use our Materials in relation to the Membership Services is for the duration of your Membership Services only. In particular you must not use our Materials for any commercial purposes without our prior written consent which is given or withheld at our sole discretion. Any use beyond your sole personal use will be conditional on the payment of license fees, and acknowledgement of our moral rights under the Copyright Act 1968 where applicable. Please contact us at [email protected]
to seek consent.
We may provide information in our Materials and that may be classed as health and medical advice. Whilst we exercise due care in ensuring its accuracy, sometimes it may not be accurate. There may be typographical errors, or it may be based on an opinion of the author that is not widely held. Occasionally the information may be historical information, and based on primary sources of material, contemporary thinking, regulations or laws which existed at the time of publication, and these will change from time to time. Occasionally the information may not be complete. For that reason, we cannot guarantee that the information is accurate, complete or current.
To the maximum extent permitted by law, we are not liable for any Loss or Damage arising from your use of our Website and Services or any Membership Services, including, but not limited to, any errors or omissions, price changes or discontinued Membership Services, your reliance on any of our information, any visitor posts and content, any links to third party websites, any interruptions, any changes, suspension or termination of our Website and Services.
To the extent to which we are entitled to do so, our liability under the Australian Consumer Law will be limited, at our option to:-
• the replacement of the Membership Services or the supply of equivalent services; or
• the payment of acquiring an equivalent Membership Services.
In any case, our liability to you will not exceed the amount of $100.
You agree to indemnify us, and to keep us indemnified from any Claim arising out of or in connection with your breach of this Agreement, including, but not limited to where you provide incorrect information, any breach of the group session and posting rules, and any breach of our Intellectual Property Rights.
Where there is a Force Majeure Event, we will not be considered in breach of this Agreement, to the extent that our obligations are unable to be performed by such an event. We will not incur any liability to you for any Loss or Damage of any nature incurred or suffered in connection with any Force Majeure Event.
In the event of any dispute that cannot be resolved, both parties agree to obtain an independent professional arbitrator/dispute resolution specialist to make a determination on the dispute and each party agrees to pay their own costs.
This Agreement is to be construed in accordance with the laws of QLD, Australia, and you and we submit to the jurisdiction of the courts of QLD, Australia. This is the entire agreement between you and us, and supersedes any prior agreements, proposals and communications whether oral or written, between you and us. In the event of an inconsistency between the terms in this document, and other terms and conditions on our Website, these terms prevail. No other term is to be included in this Agreement except where it is required to be included by law. The failure by us to exercise any right or enforce any provision in this Agreement does not waive the future operation of that right or provision. In the event that a provision in this Agreement is not enforceable, such provision shall be severed from this Agreement to the extent permitted by law, and the remaining provisions will remain in full force and effect. All obligations and liabilities in this Agreement survive termination of this Agreement.
"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 subscription.
"Membership Services Fee" means the 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 (12 months for courses).
"Membership Services" means the Nutrition for Pregnancy 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.
We, us, or our means Mothers Mylk Pty Ltd [ABN 46 666 719 553] 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 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 Mylk Pty Ltd 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 PO Box 5449, Maroochydore Bc, QLD 4558.
"System" means any online communications infrastructure that Mothers Mylk Pty Ltd 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 Mylk Pty Ltd Ltd and acting in the course of their employment.