This website themindfulmama.com.au is run by The Mindful Mama Co. Pty Ltd and these terms and conditions of sale govern the use or access to the site. Please do ensure to read these terms carefully.
Access to and use of the site is subject to acceptance and following these terms and conditions of sale. These terms apply to all customers and other users who have access to this service. By using the site, you agree to comply fully with these Terms and Conditions. Therefore, if you do not agree to these terms, you should not use our website.
In addition to these terms and conditions, the Classes, Other Provisions and other information given on our website or via the Telephone/Skype Advice services may not be copied or recorded (by any means) by you or given to any other person by you, except that you may print from a printer or make written notes for your personal use.
You can access or view our website through a standard internet browser such as Google Chrome, Firefox, Internet Explorer, Opera, etc. However, you will not use any software or device to copy, transfer or download complete or partial parts of the classes and other information given on our website.
It is paramount not to allow access to the classes to any person or group not registered under this platform and at no time should you show your password to any person or group to access our classes through another device. Should we notice a breach of these terms, we will as a matter of urgency stop every access you have, to our website.
Placing your order and acceptance
On placing an order for any of our classes or the Telephone/Skype Advice services, be informed that you are requesting to enter in to, a legal contract with us.
A binding contract between you and our website will only be when you receive a notification from us that we have accepted your order and that a binding contract exists from the date and time specified in the notification.
The charge/fee for the classes or the Telephone/Skype Advice services is specified on our website, and the amount to be paid for the classes will be said at the time you place your order.
Ordering for one or more of the Classes or the Telephone/Skype Advice services can only be made through the right page on our website. We do not accept orders made by any other means. Payment for any of the classes or the Telephone/Skype Advice services must be made in advance and should only be paid using credit or debit card via PayPal.
Where we have accepted an order from you and the payment is later refused or rejected, please note that we reserve the right to refuse to grant access to the classes or perform any further or unfulfilled part of the Telephone/Skype Advice services you have ordered.
All charges stated are inclusive of GST, which will be charged at the rate in force at the time you place your order.
Access to Classes
When you make a complete payment, we will send you an email confirming that your payment has been received. The email shall also provide a link to a page on our website that you must click on to activate your username and password.
Once you activated your username and password, you will be granted access to the relevant sections of our website to view the classes you bought for six months from the time of activation.
The classes you bought may be seen, as many times as you wish during the period of access to the website.
There are classes available to be seen on our website only that they might not be downloadable. It is your responsibility to ensure that you have the correct software installed on your computer and that your computer hardware meets the recommended requirements to view the Classes.
The provision of the Telephone/Skype Advice Services
The provision of the Telephone/Skype Advice services consists of the following:
- After your payment has been received by us, we will send you an email letting you know that your payment has been received.
- An email will be forwarded to you to arrange a suitable time to Telephone/Skype you and provide the Telephone/Skype Advice service. One of our midwives will Telephone/Skype you on the phone number you gave to us at the date and time agreed on. The time you choose to be called is significant as an advisor will endeavour to call you a minute before that time.
- It’s of high importance that you give your correct contact details because our advisors can only give advice based on information provided by you and it is your responsibility to ensure that the information you provide is accurate.
- Note that the duration of the Telephone/Skype Advice services selected will be approximately 30-90 minutes.
- Each purchase of the Telephone/Skype Advice services is limited to one Telephone/Skype call made by us to you for the time specified above.
- All Telephone/Skype calls may be recorded for quality and monitoring purposes.
- A Telephone/Skype call will only offer answers to questions regarding your antenatal and postnatal care. We will not give any advice/diagnoses on medical/pregnancy related issues.
- At our sole discretion, we may decide that:
- The matter does not relate to antenatal and postnatal education
- The information given by you is outside of the permitted advice and information allowed for us to give you and so we will refer you to your health care provider
- We are unable to recommend anything related to medical/pregnancy conditions or diagnoses that you may have. Note this service is for general antenatal and postnatal education questions only. You must seek your care from your health care provider
- If the questions given by you require us to provide advice and assistance outside the areas of the terms and conditions of this service, or for some other reason we do not wish to provide Telephone/Skype Consequently we will inform you of this at the time.
- You acknowledge and agree that in buying the Telephone/Skype Advice services, you may not receive any Telephone/Skype advice for the full period specified in condition four
- The Telephone/Skype Advice services are not suitable for, or to be used, in situations where:
- Urgent advice and help is required
- Immediate action is needed on your or someone else’s part
- Examination is necessary.
- We do not tolerate abusive or threatening behaviours directed towards our advisors and reserve the right to end the provision of the Telephone/Skype Advice service in such circumstances and to report the matter to the relevant authorities.
- If we decide to not offer Telephone/Skype advice services, then it shall be in our sole discretion to determine the refund you receive from the payment you made for the Telephone/Skype Advice service. In determining the amount of any refund, we shall take into consideration the amount of time spent giving any telephone advice and the circumstances of the termination.
- You have three weeks to use your Telephone/Skype Consultation with one of Mind mama co. midwives. After three weeks, your Telephone/Skype payment will expire. Please book your consultation soon after purchase to ensure no disappointment.
Right to cancel
The Australian Consumer Law 2011 lets consumers cancel a contract after it has been entered in to subject to certain limitations and requirements. Your right to cancel will depend on the type of product or service that you are buying from us, and are detailed as follows:
- Access to Classes: You will have the right to cancel the contract for access to the Stand Alone Modules Classes within seven working days if you do not access any part of a class. If you access any part of a class before the 7-day period expires, from the time you paid for the module, you will no longer be able to cancel the contract, as we will have provided you with access to the class.
- Access to the Membership Programme allows for 2 week’s free access, and you are can cancel your month to month membership at any time. If you pay for the membership in full to take advantage of our special offer, then you will not be able to cancel and receive a refund.
- Telephone/Skype Advice services: You will have the right to cancel the contract for the Telephone/Skype Advice service within seven working days if we do not have to Telephone/Skype you to advise on these terms and conditions at your selected date and time for the provision of the Telephone/Skype Advice service. If we telephone you before the expiry of the 7-day period to provide the Telephone/Skype Advice service, from the time we call you will no longer be able to cancel the contract, as at the time we phone you we will have started providing the Telephone/Skype Advice services.
If you have the right to cancel then:
- You will need to send a notice in writing to us saying that you wish to cancel the contract you have with us;
- You will need to send us the notice of cancellation within seven working days, with the 7-day period starting with the day after you receive our confirmation saying the binding contract between us;
- You can send us the notice of cancellation by e-mail to [email protected].
- After we receive your notice of cancellation, the money paid to us will be refunded within 28 days.
Exclusion of liability
Except in the case of death or personal injury caused by our negligence, our liability under or regarding this Agreement, whether arising in contract negligence, breach of statutory duty or otherwise shall not exceed the sum of either the amount you have paid for the Classes or the Telephone/Skype Advice services.
We shall not be liable to you in contract negligence, breach of statutory duty or otherwise for any loss, damage, cost or expenses of any nature whatsoever incurred or suffered by you in an indirect or consequential nature nor for any economic loss or other loss of turnover, profits, business or goodwill.
We may terminate this Agreement where you are:
- In substantial breach of the provisions of this Agreement;
- In breach of the Other Provisions.
We may also terminate this Agreement where we decide to withdraw this website whether on a temporary or permanent basis or where you choose to no longer have access to the site (by use of passwords or changes of passwords or by any other means). In such cases, it shall be in our sole discretion to determine how much, if any, the amount to be refunded to you based on the payment you made for either the classes or for the Telephone/Skype Advice services and in determining the amount of any refund, we shall take into consideration the amount of time you have had access to the classes and the amount of time spent giving any Telephone/Skype advice and the circumstances of the termination and it shall also be in our discretion to complete the services of the Telephone/Skype Advice service which may remain uncompleted.
If you have any questions or complain or you believe that our site has not adhered to these Terms and conditions, please do contact us via email at [email protected]. We will do our best to discuss your concerns.