Terms & Conditions
Products and Services
1. Introduction
Welcome to Motherhood and Matrescence. This website www.motherhoodandmatrescnece.com (the Website) provides you with an opportunity to access free and paid products and services. The Website provides access to the displayed website content and direct communication with the operator. The Website is operated by Motherhood and Matrescence. Access to and use of the Website, or any of its associated Products or Services, is provided by Motherhood and Matrescence. Please read these terms and conditions (the ‘Terms & Conditions’) carefully. Using and browsing the Website signifies that you have read, understood and agree to be bound by the Terms & Conditions. If you do not agree with the Terms & Conditions, please cease usage of the Website, products and services immediately. Motherhood and Matrescence and representatives of Motherhood and Matrescence reserve the right to review and change any of the Terms & Conditions by updating this page at their sole discretion. Any changes to the Terms & Conditions take immediate effect from the date of their publication. You may keep a copy of the Terms & Conditions for your records.
2. Acceptance of the Terms & Conditions
You accept the Terms & Conditions by remaining on the Website. You may also accept the Terms & Conditions by clicking to accept or agree to the Terms & Conditions where this option is available.
3. Registration to use the Purchase Services
In order to access Products and resources, you must first register as a user of the Website. As part of this process, you will be required to provide personal information about yourself including your name and other contact details. You warrant that any information you provide during the registration process will be accurate, correct and up to date. Once you have completed the registration process, you will be a member of the Website (‘Member’) and agree to be bound by the Terms & Conditions. As a Member you will be granted immediate access to the Purchase Services.
You may not use the Purchase Services and may not accept the Terms if you are not of legal age or illegible to enter into a binding contract.
4. Privacy
Motherhood and Matrescence takes your privacy seriously and any information provided through your Purchase of Products and Services are subject to the Privacy Policy of Motherhood and Matrescence, which can be located on the Website.
5. Member Obligations
As a Member, you agree to use the Products and Services only for purposes that are permitted by:
1. (a) the Terms and Conditions
2. (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.
6. Purchase of Products
In using the Website to purchase products and services, you agree to payment of the purchase price listed on the Website for the Product.
Payment of the Purchase Price may be made through direct deposit or Stripe (the ‘Payment Gateway Provider’).
In using a Payment provider of your choice, you agree that you have familiarised yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Payment Gateway Provider.
7. Refunds and Cancellations
Refunds
Products and Services are non-refundable except as required by law or at the sole discretion of Motherhood and Matrescence representatives. All ticket sales for Workshops and Events are final and non-refundable unless otherwise specified. Tickets are valid only for the date, time, and event specified on the ticket. Tickets are non-transferable without prior consent from the event organizer.
Cancellation Fees for individual Coaching
24 hours notice or more = no charge
Less than 24 hours = 50% of session cost
No show = 100% of session cost
8. Copyright and Intellectual Property
The Website, Products and Services whether free or paid are subject to copyright. Material on the Website is also protected by copyright under the laws of Australia and through international treaties. All resources, logos and site content (the ‘Content’) are owned by Motherhood and Matrescence.
9. Limitation of Liability
Motherhood and Matrescence ’s total liability arising out of or in connection with the Purchase Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms & Conditions. You expressly understand and agree that Motherhood and Matrescence, and the affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
COMPLAINTS
Should you have any concerns or be dissatisfied in any way, please contact us via our website Contact page. Please include the following information.
a. your name,
b. the email address you used to register or purchase
c. details of your concern or complaint,
d. details of how you would like to see this matter resolved,
e. copies of any relevant correspondence.
We will acknowledge your complaint within 5 business days and aim to resolve it within 14 business days. If we are unable to do so, we will provide an explanation accordingly. You agree not to engage in any behaviour, in public or in private, that is negative or derogatory towards us, and we agree to the same. This includes (but is not limited to) communications with third parties or posting on social media. Where a dispute cannot be resolved, it will be submitted for mediation in accordance with The Arbitrators and Mediators Australian Mediation and Conciliation Rules. Should the dispute be unable to be resolved at mediation, you agree to submit to the exclusive jurisdiction of the courts of the State or Territory where we are located.
GOVERNING LAW AND JURISDICTION
The performance and enforcement of these Terms & Conditions will accord with the laws in force in the State or Territory in Australia where we are located as indicated on our Site. You agree to submit to the exclusive jurisdiction of the courts in that jurisdiction.
Coaching, Workshops and Events - Terms and Conditions
1. OVERVIEW
1.1. The Agreement between you (Client) and us (Service Provider) is made up of these General Terms and Conditions (T&Cs) and the accompanying Proposal, along with any subsequent Proposal as agreed upon from time to time.
1.2. The Proposal contains the specific information that is relevant to our unique arrangement with you, and is designed to be read alongside the T&Cs.
1.3. If there is any inconsistency between the T&Cs and the Proposal, the content of the Proposal will prevail to the extent of the inconsistency.
1.4. Any variation to the Proposal must be mutually agreed upon in writing.
1.5. The Agreement will come into effect on the Commencement Date and continue for the Term.
1.6. Subject to the nature of the Services being provided, additional special conditions may apply as set out in the Proposal.
1.7. Both parties will ensure that they hold appropriate insurance where applicable and agree to comply with all Applicable Laws.
1.8. You acknowledge that you have read and understood the T&Cs and Proposal prior to signing the Agreement or Registration and have sought professional and/or legal advice should you require clarification on any aspect of the Agreement.
2. SERVICES
2.1. We agree to perform the Services to the best of our ability and in accordance with the Key Dates.
2.2. You agree to provide us with all relevant Client Information we request from you, and any other information we reasonably require in order to be able to perform the Services.
2.3. The total scope of the Services is as set out in the Proposal, along with the Key Dates for delivery. If Services outside the scope are required, these will be quoted separately at our Hourly Rate.
2.4. You acknowledge that you are solely responsible for determining whether our Services are appropriate for you.
2.5. You further acknowledge that you:
a. are not to use the Services to diagnose or treat any mental or physical health concern or issue,
b. must not be under the influence of drugs or alcohol while the Services are being performed,
c. will provide accurate and complete information to the best of your knowledge and understanding,
d. will communicate honestly, be open to feedback and suggestions, and fully engage with the Services to the best of your ability,
e. are solely responsible for implementing any strategies and techniques discussed during provision of the Services, and
f. will ensure punctual attendance at all [sessions/appointments] that form part of the Services .
3. FEES
3.1. Payment is required at or before the commencement of each session, or within 5 business days if Service Packages are purchased.
3.2. All Fees are payable via electronic funds transfer [or credit card] to our nominated bank account [within 5 business days of receiving a Tax Invoice/on the Payment Dates set out in the Proposal]. You will receive a Tax Invoice from us prior to payment being due in each instance.
3.3. You agree to cover any out-of-pocket expenses incurred by us in the course of delivering the Services to you. These additional expenses will be approved by you in writing prior to being incurred.
3.4. We are entitled to vary our Hourly Rate during the Term on providing you with 14 days’ written notice.
4. CANCELLATIONS AND REFUNDS
4.1. We reserve the right to cancel the Services, or reschedule them at a mutually convenient time, for any reason. If the Services have been cancelled by us and not rescheduled, we will refund the Fees paid for the cancelled portion of the Services.
4.2. We will not be liable for any failure to perform the Services to the extent that it is caused by your noncompliance with your obligations under the Agreement.
4.3. If we are delayed or prevented from performing the Services or meeting the Key Dates, either due to your noncompliance with your obligations or a Force Majeure Event, we reserve the right to reschedule the Key Dates.
4.4. If we are unable to perform the Services for any reason and are unable to reschedule the Key Dates, you are entitled to terminate the Agreement and receive a full refund of Fees paid, less deductions for Services already performed.
4.5. Where you cancel any Services, you must notify us via our nominated email in advance.
4.6. Notice periods are stipulated in the proposal. If these are not met, you will not be entitled to any refund and may incur a Cancellation Fee. You may also be prevented from rescheduling the Services.
4.7. If you have cancelled the Services and provided the requisite notice, you can either:
a. suspend the Services for a maximum of 2 months, or
b. obtain a refund on the Services that are yet to be used, which may incur a Cancellation Fee.
4.8. Refunds in lieu of money (such as credit for other Services) may be offered to you at our sole discretion.
5. INTELLECTUAL PROPERTY
5.1. We retain sole ownership of all Intellectual Property Rights (including Moral Rights) in our Services, programs, resources, courses, workshop and materials, whether created prior to or during provision of the Services. These materials are not to be used by you without our express written permission.
5.2. Any original materials are provided to you under a single-use licence for your individual purposes and are not to be used for commercial purposes.
5.3. Materials completed during appointments, or which constitute part of the Services are not to be distributed, copied, transcribed or shared in hardcopy or electronically.
5.4. We will anonymise any feedback or testimonials, and not disclose any of your sensitive or personal information, on your request.
5.5. Wherever applicable, you agree to credit us with the provision of the Services, programs, resources, courses, workshop and materials.
6. TERMINATION
6.1. We may terminate the Agreement with immediate effect if:
a. you do not pay Fees within the specified timeframes,
b. you fail to provide the Client Information or other information within a reasonable time of our request,
c. you otherwise breach any obligation under the Agreement,
d. we consider that mutual trust or confidence no longer exists, or
e. we determine that we are no longer able to perform the Services for any reason.
6.2. If we terminate the Agreement in accordance with clause 6.1(e), we will, at our sole discretion:
a. complete all work for which you have paid the associated Fees, or
b. refund Fees paid for work not yet performed, or not able to be performed as a result of termination.
6.3. You cannot request a refund if:
a. the reason for termination is outside of our control,
b. you change your mind,
c. you fail to clearly explain your needs to us, or
d. you insist on the Services being performed in a way that is against our advice.
6.4. Either party may terminate the Agreement for any reason on providing 30 days’ written notice, or immediately if the other party:
a. is unable to meet their obligations due to a Force Majeure Event for a period exceeding 30 days,
b. commits a material breach of the Agreement that is capable of remedy, and fails to remedy it within 7 days,
c. commits a material breach of the Agreement that is not capable of remedy, or
d. enters liquidation or administration or becomes insolvent or bankrupt.
6.5. If the Agreement is terminated:
a. our obligation to perform the Services will cease,
b. you must immediately pay all Fees payable for the work completed at the date of termination,
c. provided you have paid all Fees due, we will provide you with all work completed up to the date of termination that comprises the Services,
d. any Fees paid for Services not yet performed may be refunded at our sole discretion, and
e. each party must return or destroy (at the other party’s request) all Confidential Information of the other party.
7. WARRANTIES AND INDEMNITIES
7.1. The Services are provided on an “as is” basis, without representation, warranty or condition of any kind (either express or implied).
7.2. The nature of certain Services means that we are unable to guarantee particular results, and any examples of Services provided to other clients is a representation of potential results only. Any results achieved through your participation in the Services will vary depending on a range of factors beyond our control.
7.3. The information we provide through our Services does not constitute professional health/financial/business/legal advice, regardless of whether we are licensed professionals of any type. We cannot be held liable for any action taken by you in reliance on the information we provide. You agree to consult with the relevant licensed professional/s prior to taking any action.
7.4. This service is not to be used as a substitute for counselling, psychotherapy, psychoanalysis, mental health care or substance abuse treatment. It is the Client’s exclusive responsibility to seek such independent professional guidance as needed.
7.5. If the Client is currently under the care of a mental health professional, it is recommended that the Client inform the care provider of the nature and extent of the coaching.
7.6. Any express or implied warranty or condition relating to the Agreement or its subject matter that are not contained in the Agreement are excluded to the maximum extent permitted by law.
7.7. Nothing in the Agreement excludes, restricts or modifies any condition, warranty, right or remedy implied or imposed by any law that cannot be lawfully excluded, restricted or modified.
7.8. If any warranty or condition is implied into the Agreement and cannot be excluded, our liability is limited to resupplying the Services or payment of the cost of having the Services resupplied.
7.9. You agree to indemnify and hold us and our employees harmless from all claims and losses (including any third-party losses) arising from damage, liability, injury or infringement that arise out of any breach of your obligations under this Agreement, any information you supply to us, or any information provided to you through our website, social media platforms or the Services we perform for you.
7.10. Neither party will be liable or held in breach of the Agreement for any failure to perform its obligations to the extent that said failure is caused by the other party’s noncompliance, negligence or misconduct.
7.11. Neither party will be liable to the other for any loss or damage arising out of the Agreement, whether foreseeable or not and however caused, with the exception of confidentiality and indemnification obligations.
7.12. We will not be liable for any loss or damage suffered by a third party in connection with the Agreement.
7.13. Each party agrees to take reasonable steps to mitigate any loss, damage or expense it may suffer or incur, arising out of anything done or not done by the other party in connection with the Agreement.
7.14. Our liability to you (including under indemnity) is capped to the return of all Fees paid and will be reduced to the extent that your acts or omissions contribute to or cause the liability.
8. CONFIDENTIALITY AND PRIVACY
8.1. Each party agrees that, unless it has the prior written consent of the other party, it will:
a. keep the Confidential Information of the other party confidential at all times,
b. ensure that any person to whom Confidential Information is disclosed is aware of and complies with this clause, and
c. where there is prior consent, inform the other party of any proposed disclosure, including the form of disclosure, within a reasonable timeframe.
8.2. These obligations of confidentiality do not apply to any disclosure that:
a. is for the purpose of performing the Agreement or exercising a party’s rights under the Agreement,
b. is required by Applicable Law, or
c. relates to Confidential Information that is publicly available through no fault of the receiving party or was rightfully received from a third party without restriction and without the breach of any obligation of confidence.
8.3. Any Confidential Information supplied to us that incorporates personal information will be dealt with in accordance with our Privacy Policy, which is available on our website.
9. MISCELLANEOUS
9.1. Relationship of Parties
We are independent contractors, and the relationship between you and us does not constitute that of a partnership, joint venture or employer and employee.
9.2. Exclusivity
We will be the exclusive provider of the Services during the Term; however, we may offer similar services to others, solicit other clients and advertise our services at our discretion.
9.3. Non-Disparagement
Without limiting either party’s rights, each party agrees not to disparage the other or provide negative feedback in a public forum (such as social media or an online review platform) at any time during or following provision of the Services. Where one party is dissatisfied, the issue must be dealt with in accordance with the provision of this Agreement relating to disputes.
9.4. Disputes
Should a dispute of any kind arise during the Term, you agree to contact us so that we can discuss the matter in the first instance. Both parties will use their best efforts to resolve any dispute in good faith. Failing this, both parties will use their best efforts to resolve the dispute by engaging in mediation in the state where we reside at the time. All costs associated with the dispute, including legal, mediation or arbitration fees, will be borne by you.
9.5. Notices
Where a party gives notice, it must be done in writing to the email address specified in the Proposal, or by post to the residential or business address specified in the Proposal. For email, the notice will be considered delivered on the date it was sent, unless a delivery failure notice was received. For registered or express post, the notice will be considered delivered within 5 Business Days of being sent.
9.6. Entire Agreement
This Agreement constitutes our entire agreement with you about the subject matter. It supersedes all previous agreements, understandings and negotiations, whether written or verbal. You will be provided with a proposal that outlines costs.
9.7. Governing Law
The formation, construction, performance and enforcement of the Agreement will be in accordance with the laws in force in the state where we reside. You and we submit to the exclusive jurisdiction of the courts of that state.
9.8. Execution and Counterparts
The Agreement will become binding when any one or more counterparts of a Proposal, individually or taken together, are signed by the parties. The Agreement may be executed by way of electronic signature, including by clicking “I consent” or similar. If the Agreement is executed in this way, it will be considered an original that has been properly executed.
9.9. Amendment or Variation
Any amendment or variation to the Agreement is not effective unless agreed by you and us in writing.
9.10. Validity
If any provision of the Agreement is held invalid or unenforceable, it will either be severed from the Agreement or replaced by a valid or enforceable provision. If applicable, any new provision will take effect immediately. All other provisions will remain in effect throughout.
9.11. Interpretation
All headings are for ease of reference and do not affect the interpretation of the Agreement. Words in the singular include the plural and vice versa, and references to “including” and similar words do not imply any limit.
Definitions
In the Agreement, the following terms have the stated meaning unless a contrary intention appears.
Agreed Purpose means the purpose set out in the Proposal for which we are performing the Services and you are entitled to use the Deliverables.
Agreement means these Terms and Conditions, the Proposal and any Subsequent Proposal.
Applicable Law means any applicable statute, regulation, by-law, ordinance, policy or subordinate legislation in force from time to time in Australia, whether made by a State, Territory, the Commonwealth or local government that may apply to the Services or party’s obligations under the Agreement.
Business Day means a day other than a Saturday, Sunday or public holiday in the city of our address in the Proposal.
Business Hours means 9am to 5pm on any Business Day.
Cancellation Fee means the fee that may apply for cancellation of the Services as set out in the Proposal.
Client Information means all information and materials provided by you to us for use in the performance of the Services and/or incorporation into the Deliverables as specified in the Proposal.
Commencement Date means the date that the Agreement comes into effect as stipulated in the Proposal.
Confidential Information means information of a confidential nature, including information about a party’s business, operations, strategy, administration, technology, affairs, clients, customers, employees, contractors or suppliers, and the terms of the Agreement, but does not include any information in the public domain (other than through a breach of confidence).
Deliverables means all content developed by or for us, as incorporated into and delivered as part of the Services.
Deposit means the first payment made, being a non-refundable portion of the Fees as set out in the Proposal, that secures provision of the Services in accordance with the Key Dates.
Employees means, in respect of a party, any of its employees, consultants, suppliers, subcontractors, agents or advisors.
Fees means the amounts payable by you to us as set out in the Proposal.
Force Majeure means illness, injury , emergency, pandemic, epidemic, war, act of God, sudden event or other circumstance beyond our control.
GST means goods and services tax chargeable under A New Tax System (Goods & Services Tax) Act 1999 Cth.
Interest Rate means the annual interest rate that applies to unpaid Fees as set out in the Proposal.
Intellectual Property Rights means all current and future registered and unregistered rights in respect of patents, copyright, designs, circuit layouts, trademarks, trade secrets, know-how, confidential information, inventions (including patents), domain names, discoveries, data, databases, business strategies, digital products, templates, and all other rights resulting from intellectual activity, whether created before or after the Commencement Date and whether in Australia or otherwise, that is connected with the products or services of the Service Provider or is invented, created, produced and/or conceived by the Service Provider (independently or jointly with a third party) in the course of their engagement under the Agreement.
Key Dates means the dates on or by which the Services and/or Deliverables will be performed and/or delivered respectively as set out in the Proposal.
Moral Rights means the moral rights granted under the Copyright Act 1968 (Cth) including the right of attribution of authorship, the right not to have authorship falsely attributed and the right of integrity of authorship and any similar rights existing under foreign laws.
Our Assigned IP means the Intellectual Property Rights assigned to you by us in respect of the items listed in the Proposal, to be used in accordance with the Agreed Purpose.
Our Retained IP means the Intellectual Property Rights that we retain ownership in, whether in existence prior to the Commencement Date or created by virtue of the Agreement, as set out in the Proposal.
Payment Dates means the dates by which payment of the Fees is due as set out in the Proposal.
Proposal means the Proposal attached to the Agreement and any subsequent Proposal.
Restraint Period means the period of time set out in the Proposal during which you are prevented from utilising the services of our employees or contractors.
Services means the scope of the services set out in the Proposal.
T&Cs means these General Terms and Conditions.
Tax Invoice has the meaning as set out in A New Tax System (Goods & Services Tax) Act 1999 (Cth).
Term means the term of the Agreement starting on the Commencement Date and ending when the Services have been performed and the Deliverables have been provided, or when the Agreement is otherwise terminated.
Third Party Materials means any materials, such as documents, designs, and information, belonging to a Third Party.
You/Client means the party set out in the Proposal.
We/Us/Our/Service Provider means the party set out in the Proposal.