Terms of Service

Baby and Beyond Lactation - Terms and Conditions

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Thank you for visiting our website. This website is owned and operated by Cape Coastal Creations Pty Ltd (ACN 652 735 245) trading as Baby and Beyond Lactation. By accessing and/or using this website and related services, you agree to these Terms and Conditions, which include our Privacy Policy (available on our website) (“Terms”). You should review our Privacy Policy and these Terms carefully and immediately cease using our website if you do not agree to these Terms. 

In these Terms, 'us', 'we' and 'our' means Cape Coastal Creations Pty Ltd trading as Baby and Beyond Lactation.

1. Collection Notice 

We collect personal information about you in order to provide you with our services and for purposes otherwise set out in our Privacy Policy. By providing your personal information to us, you consent to the collection, use, storage and disclosure of that information as described in the Privacy Policy and these Terms. 

2. Accuracy, completeness and timeliness of information

The information on our website is not comprehensive and is intended to provide a summary of the subject matter covered. While we use all reasonable attempts to ensure the accuracy and completeness of the information on our website, to the extent permitted by law, including the Australian Consumer Law, we make no warranty regarding the information on this website or links to other websites. You should monitor any changes to the information contained on this website.

To the extent that this website contains links to, or otherwise provides access to, third-party websites, such links or access are provided for convenience only. We make no representations or warranties as to the accuracy, completeness or reliability of any content on those third-party websites. The inclusion of any link does not constitute an endorsement, approval or recommendation of the third-party website or any information, products or services contained on it.

We may, from time to time and without notice, change or add to the website (including the Terms) or the information, products or services described in it. However, we do not undertake to keep the website updated. We are not liable to you or anyone else if errors occur in the information on the website or if that information is not up-to-date.

3. Appointments

Appointments can be made through our website or by phone.   All consultations require a 50% deposit to secure the appointment time.  Upon making the appointment, we will email to you a pre-appointment client information sheet.  This information sheet is to be completed and emailed back to us by no later than 24 hrs prior to your appointment time. 

You will receive an appointment reminder via email 24 hrs prior to the appointment time.  You must confirm the appointment via email or SMS to the details provided in the email. 

If we do not receive your appointment confirmation or pre-appointment information sheet, we will make an attempt to contact you. If we are unable to confirm your appointment and obtain the pre-appointment information sheet, your appointment may be cancelled by us without further notice.

4. Payments 

Please read the information regarding fees and charges on the “Services” page of our website prior to booking.  

A 50% deposit is required to be paid upon booking via bank transfer, Pay ID or cash payment.  The balance is due upon an invoice emailed to you post-consultation.  Payment of the invoice can be made via cash, Pay ID or bank transfer. 

Lactation consultation services may be eligible for reimbursement by some health insurance policies, however, coverage is not guaranteed.  We do not verify insurance benefits or guarantee reimbursement.  You are solely responsible for payment of all fees, regardless of insurance coverage.  Any insurance claims, reimbursements or required documentation are your responsibility.  

5. Travel charges

There is no additional cost for travel for home visits within less than 40 km of central Cape Paterson. A flat rate travel fee of $50 applies for home visits located between 40 and 60 km from central Cape Paterson. For any travel distances over 60 km, contact us to determine the relevant fee and to discuss whether face-to-face or telehealth is the best suited to your needs. 

6. Cancellation Policy

Please email or call us to manage, reschedule or cancel your booking. 

If you cancel or reschedule your appointment within 24 hours of the scheduled appointment time, your deposit is non-refundable and will be forfeited as a late cancellation fee.

If you reschedule your appointment more than 24 hours before the scheduled appointment time, your deposit may be transferred to the new appointment date.

After two or more late cancellations by you, full payment will be required at the time of booking for any future appointments.

If we cancel your appointment within 24 hours of the scheduled appointment time, no financial penalty will apply to you.

Due to the professional and time-based nature of our services, no refunds will be provided for services already delivered, except where required by law.

7. No-show policy

A ‘no-show’ occurs in the event that our consultant arrives at the designated appointment address at the arranged appointment time and you are not there within 15 minutes of the appointment commencing. 

In the event of a no-show, your deposit will be forfeited and is non-refundable. You acknowledge and agree that, as a result of your failure to attend, we will have lost the opportunity to accept other client bookings for that time and will have incurred the costs and time associated with attending the appointment. Accordingly, we reserve the right to invoice you for the full appointment fee, together with any applicable travel costs, which shall be payable within 7 days.

In the event of a ‘no-show’ all reasonable attempts will be made by us to contact you to make an alternative appointment. 

8. Delivery of services 

We provide lactation education, breastfeeding support, sleep consultation and guidance based on current evidence-based practices.  Services may be provided in person, virtually or via written communication.  Lactation advice is based on current evidence and professional training. This service does not replace medical diagnosis or treatment. Clients are responsible for seeking medical care for themselves and their infant when required. We do not diagnose medical conditions or prescribe medications.  Recommendations are educational in nature and based on client-reported information, observation and professional training.  

You agree to:

• Provide accurate and complete health information for yourself and your infant

• Follow up with appropriate healthcare providers when referred 

• Ask questions if instructions or recommendations are unclear.

     Our business hours are Monday to Saturday, 8.00 am to 6.00 pm, unless otherwise specified.

Due to the nature of health care services and the occasional urgency of client support, we may, at our discretion, respond to correspondence, phone calls, or provide support outside these hours.

While we aim to respond to messages seven days a week as soon as practicable, responses will generally be provided within 24 hours.

We do not provide emergency care. For urgent or emergency medical assistance, please contact 000 immediately.

9. Delivery of Goods

We may, from time to time, offer or make available physical goods for sale via our website and/or in connection with the provision of our services.

Physical goods may be collected by you at your own expense at a time and location agreed in advance with us, or delivered via Australia Post. Estimated delivery timeframes are between 2 to 14 days, depending on the delivery option selected.

Risk in the goods passes to you upon collection or dispatch, as applicable. Any goods that are lost or damaged in transit must be resolved directly with Australia Post.

To the maximum extent permitted by law, any issues, defects or claims relating to the goods must be resolved directly with the manufacturer and not with us.

10. Limitation of liability 

It is an essential pre-condition to you using our website that you agree and accept that we are not legally responsible for any loss or damage you might suffer related to your use of this website, whether from errors or from omissions in our documents or information, any goods or services we may offer or from any other use of the website. This includes your use or reliance on any third-party content, links, comments or advertisements. Your use of, or reliance on, any information or materials on this website is entirely at your own risk, for which we shall not be liable.

We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of this website or a linked website. You agree to take your own precautions to ensure that whatever you select for your use from our website is free of viruses or anything else that may interfere with or damage the operations of your computer systems

To the maximum extent permitted by law, including the Australian Consumer Law, in no event shall we be liable for any direct and indirect loss, damage or expense – irrespective of the manner in which it occurs – which may be suffered due to your use of our website and/or the information or materials contained on it, or as a result of the inaccessibility of this website and/or the fact that certain information or materials contained on it are incorrect, incomplete or not up-to-date.

Lactation consultation services are provided for educational and supportive purposes only. While we take reasonable care in providing evidence-based guidance, outcomes cannot be guaranteed.

To the greatest extent permitted by law, we are not liable for any loss, damage, or injury arising from:

• a client’s failure to follow, partially follow, or incorrectly apply advice or recommendations provided;

• decisions made by the client or third parties based on information provided during consultations; or

• complications, conditions, or outcomes that are outside the consultant’s control, including those requiring medical assessment or treatment.

 

Nothing in this clause excludes, restricts, or modifies any rights, remedies, or guarantees that cannot be excluded under the Australian Consumer Law.

Clients are encouraged to seek prompt medical advice from a qualified healthcare professional if complications arise or if there are concerns regarding their own or their infant’s health.

11. Termination of Services

Either party may terminate the services at any time.  The consultant reserves the right to discontinue services to you if the scope of care exceeds professional boundaries or if safety concerns arise. 

12. Record keeping 

We maintain client records in accordance with our Privacy Policy. Client information is stored securely in electronic and/or paper form and is protected from unauthorised access, loss, misuse, or disclosure. Your records will be retained by us for the minimum period required by applicable Australian laws and professional guidelines. Records are securely destroyed or de-identified when they are no longer required to be retained.

13. Intellectual property rights 

Unless otherwise indicated, we own or license from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in this website and in all of the material (including all text, graphics, logos, audio and software) made available on this website (Content). 

Your use of this website and use of and access to any Content does not grant or transfer any rights, title or interest to you in relation to this website or the Content. However we do grant you a licence to access the website and view the Content on the terms and conditions set out in these Terms. 

Any copying, reproduction or redistribution of this website or the Content is prohibited and may result in civil and criminal penalties. In addition, you must not copy the Content to any other server, location or support for publication, reproduction or distribution is expressly prohibited. 

14. No commercial use

This website is for your personal, non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products or services contained within this website. You may not use this website, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own website.

15. Unacceptable activity

You must not do any act that we would deem to be inappropriate, is unlawful or is prohibited by any laws applicable to our website, including but not limited to:

• any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual's consent) or any other of the legal rights of individuals;

• using this website to defame or libel us, our employees or other individuals;

• uploading files that contain viruses that may cause damage to our property or the property of other individuals;

• posting or transmitting to this website any non-authorised material including, but not limited to, material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, pornographic or otherwise or which is detrimental to or in violation of our systems or a third party's systems or network security. 

If we allow you to post any information to our website, we have the right to take down this information at our sole discretion and without notice.

16. Governing Bodies

We are registered and certified with the International Board of Lactation Consultant Examiners. Registered nurses and midwives engaged by us are also registered with the Australian Health Practitioner Regulation Agency. You have the right to contact these bodies if you have concerns regarding the services provided by us. 

17. Jurisdiction and governing law

Your use of the website and these Terms are governed by the law of Victoria and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in Victoria.