Terms and Conditions
These terms and conditions (the “Terms and Conditions” govern the use of www.heldandwiser.com.au (the “Site”). This Site is owned and operated by Shaadeh Khadembashy. This Site is a Postpartum Doula Service specialising in pregnancy and after birth support.
By using this Site, you indicate that you have read and understand these Terms and Conditions and agree to abide by them at all times.
THESE TERMS AND CONDITIONS CONTAIN A DISPUTE RESOLUTION CLAUSE THAT IMPACTS YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES. PLEASE READ IT CAREFULLY.
Intellectual Property
All content published and made available on our Site is the property of Shaadeh Khadembashy and the Site’s creators. This includes, but is not limited to images, text, logos, documents, downloadable files and anything that contributes to the composition of our Site.
Our Site may have information that is shared on our Site or by third parties (e.g. Instagram) either created by us or another creator. We try our best to collect evidence-based information. Please consider this as general information and always seek professional advice to make the best decisions for yourself.
Acceptable Use
As a user of our Site, you agree to use our Site legally, not to use our Site for illegal purposes, and not to:
· Violate the intellectual property rights of the Site owners or any third party to the Site; or
· Act in a way that could be considered fraudulent.
If we believe you are using our Site illegally or in a manner that violates these Terms and Conditions, we reserve the right to limit, suspend or terminate your access to our Site. We also reserve the right to take any legal steps necessary to prevent you from accessing our Site.
We cannot deliver any results or guarantees reflected on the Site either by us or previous clients. Every person has a unique journey and is influenced by many factors including your background, desire, motivation and dedication. Please consider using the Site as a guide of possibilities.
Sale of Goods and Services
These Terms and Conditions govern the sale of goods and services available on our Site.
The following goods are available on our Site:
· Postpartum Planning Workbook
The following services are available on our Site:
· Online postpartum doula support. Including Online Support Session and Postpartum Planning Session;
· In-home support services that come in single sessions and packages of multiple sessions. Including Top Me Up, Nourished Top Up, Gift for New Parents, Simple Package, Essential Package, Held Package, Nourished Ocean Mama, Essentials Ocean Mama;
· Women’s circle events and workshops.
The services will be paid for in full when the services are ordered and or contract is signed. Unless you have an approved payment plan and have a schedule as agreed upon when signing the Contract.
These Terms and Conditions apply to all goods and services that are displayed on our Site at the time you access it. This includes all products listed as being out of stock or no longer available to purchase on the Site. All information, descriptions, or images that we provide about our goods and services are as accurate as possible. However, we are not legally bound by such information, descriptions or images as we cannot guarantee the accuracy of all goods and services we provide. Each person will have a different experience that are dependent on many factors including background, motivation, desire and commitment. We trust you will make an informed decision for you prior to purchasing any goods or services from our Site. You agree to purchase goods and services from our Site at your own risk.
We reserve the right to modify, reject or cancel your order whenever it becomes necessary. If we cancel your order and have already processed your payment, we will give you a refund equal to the amount you paid. You agree that it is your responsibility to monitor your payment instrument to verify receipt of any refund.
Payments
We accept the following payment methods on our Site:
· Credit Card via Stripe; and
· Bank Transfer (details available once Contracts are signed).
When you provide us with your payment information, you authorise our use of and access to the payment instrument you have chosen to use. By providing us with your payment information, you authorise us to charge the amount due to this payment instrument.
If we believe your payment has violated any law or these Terms and Conditions, we reserve the right to cancel or reverse your transaction.
Refunds
Refunds of Goods
All goods sold on our Site are non-refundable.
Refunds for Services
We provide refunds for services sold on our Site please email hello@heldandwiser.com.au for more information.
We do not provide change of mind refunds and encourage you to consider if these services are for you prior to purchasing. If you want to opt out of our service we encourage you to approach us to find solutions for both www.heldandwiser.com.au and you. If no solutions are made then a refund may be possible only after the event of trying to find solutions together.
Single sessions and any Women’s Circle Events and Workshops are final and non-refundable. Includes Postpartum Planning Sessions, Top Me Up, Nourished Top Up, Gift for New Parents, Online Support Sessions.
Consumer Protection Law
Where the Australian Consumer Law, Schedule 2 of the Competition and Consumer Act 2012, or any other consumer protection legislation in your jurisdiction applies and cannot be excluded, these Terms and Conditions will not limit your legal rights and remedies under that legislation. These Terms and Conditions will be read subject to the mandatory provisions of that legislation. If there is a conflict between these Terms and Conditions and that legislation, the mandatory provisions of the legislation will apply.
Limitation of Liability
Shaadeh Khadembashy and affiliates will not be liable for any actions, claims, losses, damages, liabilities and expenses including legal fees from your use of the Site.
Indemnity
Except where prohibited by law, by using this Site you indemnify and hold harmless Shaadeh Khadembashy and affiliates from any actions, claims, losses, damages, liabilities and expenses including legal fee arising out of your use of our Site or your violations of these Terms and Conditions.
Applicable Law
These Terms and Conditions are governed by the laws of the state of Tasmania.
Dispute Resolution
In a situation you are not happy with the services you can first email Shaadeh Khadembashy the issue so together you can find understanding and a solution in a kind and reasonable manner. Subject to any exceptions specified in these Terms and Conditions, if you and Shaadeh Khadembashy are unable to resolve any dispute through informal discussion, then you and Shaadeh Khadembashy agree to submit the issue before a mediator. The decision of the mediator will not be binding. Any mediator must be a neutral party acceptable to both you and Shaadeh Khadembashy.
Notwithstanding any other provision in these Terms and Conditions, you and Shaadeh Khadembashy agree that you both retain the right to bring an action in a small claims cost and to bring an action for injunctive relief or intellectual property infringement. All legal costs related to disputes will be paid by you.
Severability
If at any time the provisions set forth in these Terms and Conditions are found to be inconsistent and invalid under applicable laws, these provisions will be deemed void and will be removed from these Terms and Conditions. All other provisions will not be affected by removal of the rest of these Terms and Conditions will be considered and valid.
Changes
These Terms and Conditions may be amended from time to time in order to maintain compliance with the law and to reflect any chance to the way we operate our Site and the way we expect users to behave on our Site. We will notify users by email of changes to these Terms and conditions or a post on our social media.
Contact Details
Please contact us if you have any questions or concerns. Our contact detailed are as follows:
0488 203 059
PO Box 4504 Hobart, Tasmania 7000
Effective date: 13th day of October, 2022