Thank you for choosing to access our course, Preconception To Motherhood, which is provided by The Pregnancy Culture, a division of Maternally Happy Pty Ltd (us/we). Before you proceed, please review the following terms that govern your access to the Course and confirm your acceptance of these terms by proceeding to access the Course. If you have any queries about these terms, please contact us via our contact form - https://www.maternallyhappy.com/pages/contact-us
Health and wellbeing disclaimer
We strive to ensure that the information contained in our Course is accurate and current. However, it is important to note that the information contained in our Course is for general purposes only and you must not rely on the materials as medical advice. You acknowledge that we are not liable for you acting on any of the information in our Course and that you must seek the advice of a qualified medical, dietary or other appropriate professional before making any changes related to your or your family’s health or wellbeing.
Our payment and refund policy
We currently provide a once-off fee to access our Course and our pricing offer may change in the future for non-subscribers.
As our subscription provides complete access to our course, we do not provide a refund for change of mind.
We may choose to stop providing access to our Course to you for any reason after 12 months of your subscription commencing. If this occurs, we will give you at least one months’ notice.
Respecting 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
(a) let you know what personal information we hold about you; and
(b) restrict, update or delete any of your personal information. We will do this within a reasonable time.
Respecting our intellectual property
You acknowledge that we own all the rights (including copyright and trade marks) in our Course (including intellectual property in the text, images, videos and documents). You also acknowledge that all of the materials in our Course are confidential and you may only use them for your personal use.
You agree not to copy or distribute any materials from our Course unless you have our prior written consent. If there is any unauthorised access or use of any part of our Course, you must let us know immediately and take all steps to prevent further unauthorised access or use.
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 the materials we provide in our Course) 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 or a refund.
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.
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 stop providing access to our Course to you. 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, Australia and the parties submit to the exclusive jurisdiction of the courts of the State of Victoria, Australia.