This website is operated by Maternally Happy Pty Ltd. Throughout the site, the terms “we”, “us” and “our” refer to Maternally Happy Pty Ltd. Maternally Happy Pty Ltd offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following Terms and Conditions (“Terms of Service”, “Terms”), including additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the site, including without limitation browsers, vendors, customers, merchants, and contributors of content.
Please read these Terms carefully before using our website. By accessing or using any part of the site, you agree to be bound by them. If you do not agree, you may not access the website or use our services.
Any new features or tools added to the store will also be subject to these Terms. You can review the most current version of these Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates to our website. Your continued use of the site constitutes acceptance of any changes.
Our store is hosted on Shopify Inc., which provides us with the e-commerce platform to sell our products and services to you.
By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority and you have given us consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorised purpose, nor may you violate any laws in your jurisdiction in the use of our Services.
You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in immediate termination of your Services.
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve transmissions over various networks and changes to conform to technical requirements. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
We are not responsible if information on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon as the sole basis for making decisions without consulting more accurate, more complete or more timely sources of information.
This site may contain historical information, which is provided for reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information. You agree that it is your responsibility to monitor changes to our site.
Prices for our products are subject to change without notice.
We reserve the right to modify or discontinue the Service (or any part thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
Certain products or services may be available exclusively online through the website. These products may have limited quantities and are subject to return or exchange only according to our Refunds & Returns Policy.
We have made every effort to display product images as accurately as possible, but we cannot guarantee your device’s display of any colour will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, region, or jurisdiction. We may exercise this right case-by-case. We also reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products or pricing are subject to change at any time without notice.
We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
We reserve the right to refuse any order. We may limit or cancel quantities purchased per person, per household or per order. These restrictions may apply to orders placed by the same account, payment method, or billing/shipping address.
In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time of the order.
You agree to provide current, complete and accurate account information for all purchases. You agree to promptly update your account details to ensure we can complete transactions and contact you if needed.
We aim to dispatch orders within 1-2 business days. All parcels are shipped via Australia Post. Delivery timeframes are provided as guidelines only and may vary during peak periods or to rural/remote areas.
All Australian orders are shipped with signature required on delivery. This helps protect the quality and integrity of our products by preventing unnecessary exposure to heat or parcels being left unattended.
Please ensure your address details are correct at checkout. Orders returned to us due to incorrect addresses or being uncollected from the Post Office will incur a $5 processing fee. You may choose to:
We are not responsible for orders that are uncollected from the Post Office. If a parcel is returned to us, we will attempt to contact you twice using the email address provided at checkout. It is the customer’s responsibility to ensure that this email account is active and monitored (including spam/junk folders).
If no response is received within 30 days, the order will be deemed fulfilled. In such cases, we may, at our discretion, offer store credit for the product value only (excluding shipping and processing fees).
Discount codes must be applied at checkout and cannot be added retroactively. Promotional codes are subject to expiration dates, usage limits, and terms at the time of offer.
Bundle discounts are only valid if the full bundle is retained. Partial returns will be recalculated at individual item pricing.
We reserve the right to refuse service where codes are misused (e.g. multiple first-time codes).
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability for any third-party materials or websites.
We are not liable for any harm or damages related to the purchase or use of goods, services, or content from third-party websites. Please review carefully the third-party’s policies before you engage in any transaction.
If, at our request, you send submissions (e.g. contest entries) or without a request you send ideas, suggestions, or other materials, you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments you forward to us.
We are under no obligation (1) to maintain comments in confidence; (2) to pay compensation; or (3) to respond to comments.
We may, but have no obligation to, monitor or remove content we determine unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable.
You agree that your comments will not violate any third-party rights, contain unlawful material, or viruses. You may not use a false e-mail address or mislead us or third-parties.
You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
Your submission of personal information through the store is governed by our Privacy Policy.
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, shipping charges, transit times and availability.
We reserve the right to correct errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order).
In addition to other prohibitions set forth in the Terms, you are prohibited from using the site or its content:
(a) for any unlawful purpose;
(b) to solicit others to perform unlawful acts;
(c) to violate international, federal, provincial or state regulations;
(d) to infringe upon intellectual property rights;
(e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate;
(f) to submit false or misleading information;
(g) to upload or transmit viruses or malicious code;
(h) to collect personal information of others;
(i) to spam, phish, pharm, pretext, spider, crawl, or scrape;
(j) for obscene or immoral purposes; or
(k) to interfere with or circumvent security features of the Service or related websites.
We reserve the right to terminate your use of the Service or any related website for violating any prohibited uses.
We do not guarantee your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results obtained from the Service will be accurate or reliable.
You agree that we may remove the Service for indefinite periods or cancel at any time, without notice.
You expressly agree that use of, or inability to use, the Service is at your sole risk. The Service and products delivered are provided “as is” and “as available” without warranties of any kind, either express or implied.
In no case shall Maternally Happy Pty Ltd, our directors, employees, affiliates, agents, contractors, suppliers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including lost profits, lost revenue, loss of data, or replacement costs, arising from your use of the Service or any products procured, even if advised of their possibility.
Because some jurisdictions do not allow the exclusion of liability for consequential damages, our liability shall be limited to the maximum extent permitted by law.
You agree to indemnify, defend and hold harmless Maternally Happy Pty Ltd and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, and employees, from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms or your violation of any law or third-party rights.
If any provision of these Terms is determined to be unlawful, void or unenforceable, the unenforceable portion shall be deemed severed, and shall not affect the validity and enforceability of remaining provisions.
The obligations and liabilities incurred prior to termination shall survive termination of this agreement for all purposes.
These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us or ceasing use of our site.
If in our judgment you fail to comply with these Terms, we may terminate this agreement at any time without notice and you will remain liable for all amounts due up to the termination date.
These Terms and any policies or operating rules posted by us constitute the entire agreement between you and us and govern your use of the Service, superseding any prior agreements.
These Terms shall be governed by and construed in accordance with the laws of Victoria, Australia.
We often provide discounts in good faith (e.g. first-order offers). These codes are one-time use unless specified. If customers use codes multiple times via different accounts/emails, we reserve the right to ban or refuse service.
The Maternally Happy mobile message service (the "Service") is operated by Maternally Happy Pty Ltd. By consenting, you agree to receive SMS/text messages regarding your orders and occasional promotions. Message frequency varies. Standard message and data rates may apply.
You may opt out at any time by replying STOP or clicking the unsubscribe link. For support, email support@maternallyhappy.com.
Thank you for choosing to access our course (Preconception To Motherhood, Prenatal Course, Pregnancy Course, Postpartum Course, Blood Test Database, Supplement Database & Low Tox Course), 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 and cannot transfer details to another user.
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.
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 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.
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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 at support@maternallyhappy.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
Questions about these Terms of Service should be sent to:
📧 support@maternallyhappy.com
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