Mothercraft for Babies provides its Services to you on the following terms and conditions. We recommend you read through these terms and conditions, and keep a copy for your record.
a. Fee means the fee set out in the Invoice for the Services;
b. Invoice means the order form and tax invoice provided to you in respect of our Services;
c. Parties is a reference to both us and you;
d. Premises means your house, or other residential premises, where we will provide you the Services;
e. Services means the advice, assistance and/or coaching we provide you regarding your child in relation to the topics of (without limitation) age appropriate feeding, sleep cycles and sleep, dummy dependence, breastfeeding, bottle feeding, settling techniques, but where the advice, assistance and/or coaching we ultimately provide depends on your requirements and the particular issues you are facing;
f. Terms means these terms and conditions;
g. we, us or our or Mothercraft is a reference to The Trustee for Parennis Trust (ABN 29 095 153 820) trading as Mothercraft for Babies, and its employees, agents and contractors; and
h. you or your is a reference to you the parent (or parents) that we are providing our Services to.
A contract between you and Mothercraft for Babies will come into being when you fully pay the Fee set out in the Invoice (or when you pay the first instalment of the Fee where the payment terms in the Invoice provides for instalment payment terms). Each separate invoice represents a separate contract for our Services. These Terms apply to each contract we enter into with you.
3. FEE AND PAYMENT
a. The Fee for our Services is set out in the Invoice. You acknowledge that if you request or agree to additional services, then you will be charged an additional fee for those services which is due and payable immediately.
b. Unless the Invoice sets out other payment terms, you are required to pay the Fee in full prior to us performing the Services, being any time prior to the date we have nominated in the Invoice (or the date we have otherwise agreed with you) as being the date on which we will start to performing the Services.
c. All amounts payable or other consideration provided in respect of supplies made by us to you are exclusive of GST (as that term is defined under the A New Tax System (Goods & Services Tax) Act 1999 (Cth)). Where a supply is a taxable supply, all amounts payable or other consideration provided must be increased by the amount of GST payable in relation to the supply.
d. You can pay the Fee to us by credit card or Electronic Funds Transfer to our nominated bank account.
4. PROVIDING OUR SERVICES
a. We will provide you the Services:
i. only after you have fully paid the Fee (or when you have paid the first instalment of the Fee where the payment terms in the Invoice provides for instalment payment terms);
ii. for the duration of time set out in the Invoice;
iii. using our reasonable endeavours, at the dates and times set out in the Invoice, or such other times and dates that we have rescheduled or otherwise agreed with you; and
iv. at your Premises, unless you have engaged us to provide you with phone consultation services only in which case we will provide you with Services over the phone. .
b. We will provide you with the Services:
i. using reasonable care and skill;
ii. in compliance with commonly accepted practices and standards of the nursing industry; and
iii. using appropriately qualified, experienced and Registered ( or in the process of) nurses.
c. The Services will be performed by our employees, contractors or agents we choose as most appropriate to carry out the Services.
5. YOUR OBLIGATIONS
a. At all times when we provide our Services at your Premises, you:
i. must provide us (and our employees, agents and contractors) with access to your Premises and any facilities necessary to provide you the Services (including but not limited to toilets, change rooms and kitchen facilities);
ii. must be present at the Premises, and actively involved with us and your child;
iii. are responsible for the welfare and wellbeing of your child;
iv. acknowledge that we are not a child-minding service.
b. You must provide us with all relevant information about your child, including any health issues or problems;
c. You must ensure that you have, at your cost, all age-appropriate baby equipment and items (for example, sterilised equipment, baby food, change tables, nappies, towels, feeding accessories, bottles, and first-aid materials);
d. You must cooperate with us as we reasonably require and comply with our reasonable directions;
e. You must at all times behave and act reasonably, and must not be offensive or cause any physical harm to any of our employees, agents or contractors,
f. You must provide our employees, agents or contractors with a safe and clean working environment.
a. You acknowledge that there may be circumstances beyond our reasonable control (for example, where our staff is sick and we cannot provide the Services to you) which require us to reschedule the date and time that we provide the Services to you. If we need to reschedule, we will use reasonable endeavours to provide you with reasonable prior notice.
b. We acknowledge that there may be circumstances beyond your control (for example, where your child is sick) which will require you to request for the time and date that we were to provide the Services to you to be rescheduled. In those circumstances, you can request the Services to be rescheduled by providing us with at least twenty-four (24) hours prior notice. You agree that you cannot reschedule the Services more than once in a 30 day period.
a. Either Party can terminate these Terms and each individual contract entered into with us, at any time by providing the other Party at least forty-eight (48) hours prior written notice (being 48 hours prior to the date and time that we were scheduled to perform the Services). You agree that:
i. Where we have started performing the Services, then you will pay for any Services we have performed up to the time and date of termination, and if you terminated then you will also pay a cancellation fee of $80.00 (excl GST). If you have made payment(s) to us in excess of the amount of Services we have performed, we will reimburse the difference to you within fourteen (14) days of the termination;
ii. Where we have not started performing the Services, and you terminate, you will pay a cancellation fee of $80.00 (excl GST). Where you have made payment(s) to us for the Services, we will reimburse the difference to you less the cancellation fee, within fourteen (14) days of the termination.
b. If you terminate these Terms or any individual contract you have entered into with us, at any other time and not in accordance with sub-clause (a), then our Fees become immediately due and payable, and you will not be reimbursed any amounts of Fees you have paid us in advance.
c. If you breach any of your obligations under these Terms, we may immediately terminate these Terms and any individual contract entered into with you, with notice to you. If we exercise our rights under this sub-clause, then our Fees become immediately due and payable, and you will not be reimbursed any amounts of Fees you have paid us in advance.
d. You acknowledge that there may be certain situations or events which occur which are not within our reasonable control (for example, governmental action, labour strikes, not being provided access to your Premises). If any of these situations or events occur then there may be a delay before we can start or continue performing the Services, and you may wish to terminate these Terms. We will not be liable to you under these Terms for any delay or failure to perform the Services which is a result of situations or events beyond our reasonable control.
8. LIMITATION OF LIABILITY
a. We do not exclude or limit liability for our negligence or negligent omission which causes you or your child personal injury or death, save to the extent that our liability is reduced by your negligent acts or omissions.
b. Except in the case of death or personal injury to you or your child caused by our negligence, our liability under these Terms (whoever so arising, whether in contract, tort, negligence, breach of statutory duty or otherwise) shall not exceed the Fee paid by you.
c. Subject to sub-clause (a), neither Party will be liable to the other Party in contract, tort, negligence, breach of statutory duty nor otherwise for any loss, damage, costs or expenses of any nature whatsoever incurred or suffered by that other Party of an indirect or consequential nature including any economic loss or other loss of turnover, profits, business or goodwill.
d. Nothing in these Terms is intended to exclude, restrict or modify any guarantees under the Australian Consumer Law (as set in Schedule 2 of the Competition and Consumer Act 2010 (Cth) which apply and cannot be excluded, restricted or modified.
e. To the extent permitted under law, our liability to you in relation to any breach of these Terms or any breach of the Australian Consumer Law, is limited, at our option, to the supply of services again or the cost of re-supplying the services again
a. Notice: If you wish to send us any notice under these Terms then it must to be sent by post to PO Box 90 Sans Souci 2219, or by email to firstname.lastname@example.org, and marked for the attention of Beth Barclay. If we wish to send you a notice we will use the postal address or email address set out in the Invoice, or any other address or email address you have provided us.
b. Liability of multiple parents: Where we are providing our Services to more than one parent, then the liability of all parents under these Terms is a joint liability of all of them and a several liability of each of them.
c. Entire Agreement: These Terms and any written variations agreed to in writing by us, represent the whole agreement between the Parties relating to the subject matter of these Terms.
d. Waiver: Unless expressed in writing to you by us, any failure or delay by us in exercising any right, power or privilege available to us will not operate as a waiver of that power or right.
e. Severability: If any provision of these Terms at any time is or becomes void, voidable or unenforceable, the remaining provisions will continue to have full force and effect.
f. Law and Jurisdiction: The Contract is governed by, and shall be construed in accordance with the laws from time to time in force in New South Wales. The Parties submit to the non-exclusive jurisdiction of the courts of New South Wales.