Welcome to Mothers Health.

Terms and Conditions

By placing an Order with Us and/or using this website, You acknowledge and agree that You have read and understood these Terms and Conditions and agree to be bound by them.  

Please read them carefully.

Definitions:

“Order” means the supply by Us of products from this website.

“We”, “Us” or “Our” means Mothers Health Products Pty Ltd ACN 653 147 632 and its employees, directors, officers, associates and/or agents.

“You” or “Your” means any purchaser of products and/or users of this website.

Payment

1. Unless otherwise stated, all pricing is in Australian dollars ($AUD) and are inclusive of GST.  We reserve the right to revise and amend the prices of any of Our products at any time.
2. Payment must be by credit or debit card or any other payment method We have listed on the checkout page of Our website. Your card will be billed as soon as Your Order is placed with Us.   
3. If We are unable to fulfil Your Order, We will refund the difference back to Your card. These refunds can take several business days to appear.
4. We reserve the right to place any limit on the volume of product that may be purchased at any time and all Orders are subject to availability.

Delivery

5. Orders are sent within Australia and to New Zealand only unless otherwise agreed.
6. Orders are dispatched within 1 – 3 business days and shipped via Australia Post.  Delivery can take between 5-7 business days to arrive in Australia and 5-12 business days in New Zealand, however delays are possible. 
   1. Australia: Flat rate shipping of $7.90 Australia wide or $11.90 express post. Standard mail shipping costs will not be imposed on shipping Australia-wide over $50 value. Express post shipping costs over $50 value will be $2.35.    
   2. New Zealand: Flat rate shipping of $7.90 or $23.35 express post.
7. Where we agree to deliver internationally, we estimate the shipping period to be 10 – 20 business days, however this is an estimate only and actual international shipping periods will depend on the destination country and location within country.  We reserve the right at all times to refuse international delivery.  Please note that international shipments may incur additional customs and tax fees according to each destination country’s customs policies.   You will be responsible for any additional customs and taxes and it is Your responsibility to check with your local customs office directly to see if they apply duties and taxes to your Order. 
8. You are responsible for ensuring the name and delivery address for any Order is accurate and complete.  We will not take responsibility for any Orders that go missing due to incorrect delivery information provided by You.  Any Order returned to Us due to incorrect and/or insufficient information provided by You will require payment by You of an additional delivery charge.   
9. All risk of loss and title for items purchased from this website passes to You upon delivery of those items by Us to Australia Post.  You are responsible for filing claims with Australia Post for damaged or lost shipments.
10. If We are responsible for incorrectly addressing a package then We will be responsible for re-sending the Order not delivered.

Returns and Refunds 

11. Due to the nature of the products We sell, We do not accept returns or provide exchanges or refunds except as otherwise required by the Australian Consumer Law.
12. If You believe there is a quality issue with Your Order, please contact Us with details of Your Order at hello@mothershealth.com.au. Each enquiry will be handled on a case by case basis.

Termination

13. Receipt of an electronic or other form of Order confirmation does not demonstrate We have accepted Your Order.   We reserve the right, at any time and at Our sole discretion following the receipt of Your Order, to either accept or decline the Order. We may also require additional verification before deciding to accept or decline Your Order.  

Disclaimer 

14. We do not provide medical care, any medical opinion, medical advice, diagnosis or treatment. Medical advice should never be disregarded, delayed or altered because of any information or opinion formed based off material found on Our website. All information found on Our website, inclusive of any links, or any information found on the packaging or labelling of Our products is general in nature and is not intended to diagnose, treat, cure or prevent any illness or disease.  You take full responsibility for what You do with this information and any resulting outcomes from Your actions.
15. Always seek the advice of Your Pharmacist, General Practitioner, other medical practitioner or qualified health provider when starting any new medical treatment, continuing with medical treatment or with any questions You may have regarding Yours or any other parties medical condition. NOTHING CONTAINED IN THIS WEBSITE IS INTENDED TO BE OR SHOULD BE TAKEN FOR MEDICAL DIAGNOSIS OR TREATMENT. We make no warranties or representations, whether they be express or implied as to the completeness, accuracy, appropriateness of any of Our products or their effectiveness in all cases.
16. To the full extent permitted by law, We expressly exclude all representations, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and will not be liable for any loss or damages whatsoever or howsoever caused, including without limitation any direct, indirect, special, consequential, punitive or incidental damages or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation or the cost of procurement of substitute products which may result from either Your use of this website or Our products.  You agree to indemnify and hold Us harmless from all third party claims, liability, damages or costs (including but not limited to legal fees) arising from Your use of this website, Your use of Our products and/or Your breach of these Terms and Conditions.

Website terms of use

17. You are permitted to use Our website so long as You do not: 
    1. Disseminate, use or reproduce any of the materials found on the website for commercial purposes without first obtaining permission from Us to do so;
    2. Commit or encourage the committal of a criminal offence or violation of any laws through Our website, products or services;
    3. Transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene or related to dishonest or criminal activity;
    4. Hack into any aspect of the service, corrupt data or cause annoyance to any other users;
    5. Infringe upon the rights of any other person’s proprietary rights;
    6. Send any unsolicited advertising or promotional material, often referred to as spam; or
    7. Attempt to affect the performance or functionality of any computer facilities access through this website.
18. Breaching these conditions may result in Your access to the website being permanently suspended, at Our discretion.
19. By accessing Our website, You assume all risk associated with its use including, but not limited to, the risk of Your computer or other device being damaged by any virus or malware transmitted by the website or any third-party content, third-party website or third-party themselves.

Intellectual Property

20. The website is owned and operated by Us and We and/or a third-party who has authorized Us to use its content are the copyright owner(s) of the content of this website.  No part of this website may be reproduced, adapted, performed in public or transmitted in any form by any process without Our prior express written permission.  All rights are reserved.
21. You have no right to, nor any rights in any of the content found on Our website, other than to access and display the website’s content for personal and non-commercial purposes.   
22. The website may contain links or display the content of a third-party website operated by other organisations or individuals. These websites are not under Our control, and as a consequence We do not make any warranties or claims regarding the third-party content or websites. Access to third-party websites and any products, services or information taken from those third-party websites is done so at Your own risk.   We make no warranties or representations that Your use of any materials on this website or third-party websites will not infringe any third-party rights. 

Your privacy

23. In order to place an Order with Us, We may request personal information such as Your name, address, phone number, credit or debit card details, and Your email address. We will keep this information secure in accordance with Our privacy policy which can be found at www.mothershealth.com.au/policies/privacy-policy
24. You may be required to create an account and a password to place Orders with Us.   It is Your responsibility to keep Your password and email address secure.   If You suspect Your account has been compromised, it is Your responsibility to notify Us and to change Your login password as soon as possible.

Comments and Reviews

25. We welcome Your comments and reviews on Our products but We ask that You help Us comply with the Therapeutic Goods Advertising Code (TGA Code). We will remove any comments that may result in Us breaching the Code.
26. To comply with the TGA Code, We ask that You do not:
    1. endorse Our product if You are:
       1. an employee or contractor of a government authority, a hospital or a healthcare facility
       2. a health practitioner, health professional or medical researcher
       3. involved with the production, sale, supply or marketing of Our product
       4. not using Your own name \
    2. imply that a government authority, a hospital or a healthcare facility endorse Our product
    3. make comments about how a product works for You outside of its intended purpose, as these comments can be dangerous or misleading – Our products are developed for particular purposes, as stated on the label and/or in Our advertising
    4. make comments about serious conditions, diseases, ailments or defects, such as comments about how a product helped with Your treatment of a serious disease or how it will relieve a tagged person’s serious condition
27. We also have an obligation to make sure any advertisements We make, including endorsements and testimonials, are not misleading. Therefore We will disclose:
    1. where a person has been, or will be, compensated for making a testimonial
    2. where We have actors making the testimonial, such as in cases where the original person who made the testimonial does not want to appear in Our advertisement
    3. where the person making the testimonial is an immediate family member of anyone employed by Us.
28. If You choose to leave a review or comment You agree that:
    1. We may publish and otherwise use Your review but We have no obligation to do so.
    2. You will not add any content to the website:
       1. that would cause You or Us to breach any law, regulation, rule, code or other legal obligation;
       2. that is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy; 
       3. that would bring Us, or the website, into disrepute; or
       4. that infringes the intellectual property or other rights of any person.
29. We have the right, but not the obligation to monitor the content of any reviews and comments on this website or any social media platform and while We reserve the right to remove, without notice, any posting for any reason, We have no obligation to delete reviews or comments that You may find objectionable or offensive.
30. You hold Us harmless against any and all claims actions, demands, damages, cost liabilities, losses and expenses (including reasonable legal costs) arising out of Your Use of this website.

General

31. These Terms of Conditions are governed by the laws in force in New South Wales, Australia and You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of the State of New South Wales, Australia and any courts which may hear appeals from those courts.
32. These Terms and Conditions and any document expressly referred to in them constitutes the whole agreement between You and Us and supersedes any previous discussions, correspondence, negotiations, understandings or agreements relating to the products or services contained on the website.
33. If a provision of these Terms and Conditions are invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.
34. A failure or delay by Us or You enforcing any provision in these Terms and Conditions is not to be interpreted as a waiver of Our rights or remedies.
35. We reserve the right to amend these Terms and Conditions from time to time.   Amendments will be effective immediately upon notification to the website.  Your use of the website following such notification will represent an agreement by You to be bound by the terms and conditions as amended.