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Terms & Conditions

Interpretation – “Agreement”

Means these Terms and Conditions;“Intellectual Property”: means everything on display on this website including copyright, trademark names and logos, designs and images protected under statute and common law; “EM” means Embracing Motherhood Pty Ltd and its affiliates and nominees who are the owners and operators of the Website; “Products”: means the goods and services offered for sale on the Website; “Website”: means the internet site located at www.embracingmotherhood.com.au.

Acceptance of Terms and Conditions

Please read this Agreement carefully before using the Website. Your access and use of the Website constitutes your acceptance of this Agreement and any modifications that may be made to this Agreement from time to time; if you do not agree to this you should not visit the Website.

Modifications to Terms and Conditions

EM reserves the right to modify this Agreement at any time and in any manner at their sole discretion. Any variations become effective upon posting, so please regularly review this Agreement. By continuing to use the Website after this Agreement has been varied, you agree to be bound by the variations.

Customer Information

You will be prompted to provide personal information when you make a purchase from the Website or join the database. You agree to provide true, accurate, current and complete information about yourself and you agree to maintain and promptly update this information to keep it true, accurate, current and complete.

Currency and GST

All prices are displayed in Australian dollars and all prices are inclusive of Goods and Services Tax (GST). Naturopathic consultations are GST free. GST is payable on all supplements.

Pricing and Availability of Items

Although EM makes every effort to ensure that products and services are in stock or available when so indicated and that information and prices concerning products listed on the Website are accurate, the prices and availability of products and services are subject to change without notice. Similarly the times, dates and locations of programmes and treatments, are also subject to change without notice however EM will endeavour to contact customers to inform them of any changes prior to the commencement of the programme or treatment. .

Ordering Products & Services

You may place an order by following the instructions on the Website. Orders will be deemed to have been received by EM at the time EM sends an order confirmation to your nominated e-mail address. You may cancel all or part of your order if you contact us before you receive the confirmation email. If a product has been listed at an incorrect price, or for any other reason, EM reserves the right to refuse or cancel your order for that product even if your order has been confirmed. In the event of EM cancelling an order any payments processed will be promptly refunded.

Returns, Refunds and Exchanges

EM will refund, credit or exchange products (excluding treatments,) purchased through the Website up to 5 days after you receive your order. Refunds will be made to the credit card you used to make the initial purchase. Delivery and packing charges will only be refunded where the products you are returning are not the products you ordered and they were sent as a result of our error. Products must be returned in their original condition. Where exchanges are not possible due to unavailability of stock, a substitute item or credit towards other products on the Website may be offered. Please ensure items are returned in protective packaging with your order confirmation number and tax invoice to:
PO Box 503, Paddington QLD 4064

EM will not refund, credit or exchange the purchase of treatments. The customer may elect to nominate another person in their place, in which case they must notify EM of the change by email at least 14 days prior to the treatment.

Payment

Products purchased through this Website must be paid by credit card. EM accepts Visa, MasterCard, American Express and Diners Club. You must provide EM with a valid credit card that you are authorised to use. You authorise EM to debit the specified amount and any applicable credit card service fees from your nominated credit card. If the payment is declined EM will not be able to guarantee the delivery of the products or provision of services, and may contact you to make alternative payment and/or delivery arrangements.

Delivery

EM will endeavour to deliver the products to your nominated address within 5-7 business days, however delivery time may vary based upon a) inventory available b) your delivery address c) when you place an order, and d) other circumstances impacting delivery. According, EM makes no guarantee as to actual delivery time and will not be liable to the purchaser or any third party for any loss incurred due to delay.

Retention of title

EM retains the title of all goods until the complete and definite receipt of payment.

Copyrights & Other Intellectual Property Rights

All content included on this Website including the text, graphics, logos, and images are the property of EM or the third parties who have contributed to the Website. The content of the Website is protected by Australian and international copyright law. No material, including, but not limited to, the material listed above, should be reproduced or used without EM’s express written permission.

Limitation of Liability

You understand and agree that your use of the Website is at your sole risk. The Website is provided on an “as is” and ‘as available” basis. EM makes no representations or warranties of any kind, express or implied, as to the operation of the site or the information, content, materials, or products included on the Website, or that the Website is free of viruses or other harmful issues. EM disclaims all warranties, express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose. EM, its directors, employees, shareholders, agents and other representatives will not, under any circumstances, be liable for any injury, loss or damage arising out of or related to the use, or inability to use, the Website or the information on the Website or the information provided through the Website by email. This limitation of liability includes, but is not limited to, compensatory, direct, indirect or consequential damages, loss of damage to property and third party claims.

Indemnity

You agree to indemnify EM, its directors, employees, shareholders, agents and other persons involved in the creation of the Website for all damages, losses, penalties, fines, expenses and costs (including legal costs) arising out of or in relation to your use of the Website, any information you provide to EM or any damage that you may cause to the Website. This indemnification includes, without limitation, consequential loss or damage, economic loss, loss of profits, liability relating to copyright infringement, defamation, invasion of privacy, trade mark infringement and breaches of the Trade Practices Act 1974 (Cth).

Links to other websites and services

EM may provide links to other websites or resources that are beyond our control. EM is not responsible for, and makes no claims with respect to, the quality, reliability, availability, content or accuracy of any other websites or pages linked via the Website, and you hereby waive any claim you might have against EM with respect to such websites.

Governing law

This Agreement is governed by the laws of Queensland, Australia. If a dispute arises regarding this Agreement you agree to submit to the exclusive jurisdiction of the courts of Queensland, Australia, and the courts of appeal from them, and waive any rights that you may have to challenge the appropriateness of that forum.

17. Security – Users should be aware that there is a minimal inherent risk in transmitting any data electronically which is inherent in all internet dealings. EM thus cannot ensure or warrant the security of any information transmitted to or from its website, and users do so at their own risk.

General

This Agreement and any other policies or guidelines on the Website are incorporated herein by reference and comprise the entire agreement between you and EM and supersede all prior agreements between the parties regarding the subject matter hereof. The laws of Queensland, Australia will govern this Agreement, without giving effect to its conflicts of laws principles. Any provision hereof that is held to be void or unenforceable may be severed from this Agreement without affecting the enforceability of other provisions. Headings are for reference purposes only and in no way define or limit the scope of a section. EM’s failure to act in a particular circumstance does not waive its ability to act with respect to that circumstance or similar circumstances. By using the Website you consent to receiving electronic communications from EM including notices about your account and information concerning or relating to EM’s products.

Gift Vouchers

Bookings must be made prior to the commencement of the treatment. Please advise when booking into a treatment that you have a gift voucher. Online vouchers purchased online can be downloaded and printed immediately after the purchase. EM will endeavour to deliver the treatments or provide the services at the time nominated, however provision of treatments or services may vary based upon a) therapists available b) your location c) when you place an order, and d) other circumstances impacting provision of treatments or services. According, EM makes no guarantee as to the time for provision of treatments or services and will not be liable to the purchaser or any third party for any loss incurred due to delay.

Cancellations/Transfers/Refunds

If you wish to cancel your programme or treatment less than 7 days/24 hours respectively prior to commencement you will be refunded 50% of fees paid. Refunds will not be made to individuals or organisations when a person is booked into a programme or treatment and fails to proceed. If you cannot attend a programme or treatment for which you have enrolled in and paid for, you may nominate another person in your place. If for any reason EM finds it necessary to cancel a programme or treatment and a suitable transfer to an alternative programme or treatment cannot be made, you will receive a full refund.
Expired or lost vouchers may not be redeemed – please refer to the expiry date printed on the Voucher. Vouchers may not be redeemed for cash. Missed appointments will forfeit the voucher.

Feedback and Complaints Handling Procedure

EM welcomes feedback and attends to all complaints promptly. Please or call 1800 708 317.