BUSINESS TERMS AND CONDITIONS
These Terms and Conditions govern the relationship between the Parties.
You are the Client, and your details are the details you entered on the enrolment page of the Website (the ‘Enrolment Details’).
Transform Parenting Pty Ltd (ACN: 632 188 982) t/a Transform Parenting of 2/12 Kett Street, Kambah ACT 2902 (the ‘Provider‘).
The Provider offers Childbirth and Parenting Education services, including child birth preparation, parenting education and support, coaching, new mother and father support groups, parent workshops, and online learning and courses. You have engaged the Provider to provide the Services.
By continuing to work with the Provider after having access to these terms and conditions (the ‘Terms’) via the Website at https://transformparenting.com.au/ (the ‘Website’), you accept the Terms and agree to the below.
These Terms are read in conjunction with the Enrolment Details provided to you at the time of enrolment via the Website (the ‘Enrolment’).
2. The Engagement
- The Provider agrees to perform the Services for You, for the Fees, as set out on the Website.
- The Provider agrees to commence the Services upon the dates set out on the enrolment page of the Website and in accordance with these Terms, and upon payment of the required fees as set out on the Website.
- The Provider will only provide you with a refund of the Services Fee in the event the Provider is unable to continue to provide the Services (the ‘Refund’).
3. Fees and Invoicing
- You agree to pay the Provider the Fees set out on the enrolment page of the Website.
- The Fees payable to the Provider to perform the Services may be adjusted from time to time as agreed by the Parties in writing (including email) on account of changes in relation to the nature of the Services to be Performed by the Provider.
- You agree to make Payment of the Fees on the terms set out on the Website.
- You agree to make Payment of the Fees by the method prescribed on the Website.
- Unless otherwise stated, all amounts are listed in Australian Dollars (AUD) and are GST inclusive, being goods and services tax as defined in A New Tax System (Goods and Services Tax) Act 1999, inclusive amounts. Where the services are provided outside Australia, GST is inapplicable.
- You must notify the Provider of an intention to cancel a class or schedule as soon as possible, by writing in email, in which case the following cancellation policy will apply (‘the Cancellation Policy’).
- All bookings attract a non-refundable $150 deposit (or other amount as prescribed by the Provider from time to time). The Provider reserves the right to make a decision, at its sole discretion, to waive a deposit from time to time, and will do so only in exceptional circumstances.
- If you wish to reschedule a class or session, you must notify the Provider at least 24 hours prior to the class or schedule.
- Services cancelled within 7 days of the Commencement Date, are non-refundable except in exceptional circumstances (such as premature birthing) and as agreed with the Provider. All decisions in relation to refunds will be made at the sole discretion of the Provider.
- If The Provider foresees being unable to complete the Services on the dates set out on the Enrolment page of the Providers website, the Provider will inform You at as soon as possible prior to the date/s that the Services were scheduled to be provided, and alternative arrangements will be made by agreement of the parties.
The Provider’s total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.
6. Release and Waiver
- You are solely responsible for creating and implementing your own physical, mental and emotional well-being, decisions, choices, actions and results arising out of or resulting from the Provider’s relationship and its education sessions, calls and interactions with you. As such, You agree that the Provider is not and will not be liable or responsible for any actions or inaction, or for any direct or indirect result of any Services it provides.
- You understand that Childbirth Education is not a substitute for medical attention, examination, diagnosis or treatment. Additionally, Childbirth education is not to be used as a substitute for counseling, mental health care or medical treatment. It is your exclusive responsibility to seek such independent professional guidance as needed.
- You agree to release and discharge the Provider from and against all claims arising out of or in connection with provision of the Services and any techniques employed in pre-natal preparation and in relation to the birthing process. This release includes but is not limited to any claim for personal injury, damages and death of any participant which has received training from the Provider.
- You understand that in order to enhance the relationship between the Parties, you agree to communicate honestly, be open to feedback and assistance and to create the time and energy to participate fully in the program that you enroll in.
7. Disclosure and Use of Confidential Information
- All obligations of confidence set out in these Terms continue in full force and effect after the completion of the Services.
- The Provider must not disclose any confidential information, which extends to your personal details, to any third party without your prior consent.
- These Terms prohibits the disclosure of confidential information by the Provider with exception to the following circumstances:
- the disclosure is to a professional adviser for it to provide advice in relation to matters arising under or in connection with these Terms;
- where You have consented to the disclosure of confidential information;
- the disclosure is required by applicable law or regulation; or
- if the confidential information is already in the public domain at no fault of the Provider.
8. No partnership or agency
Nothing contained or implied in these Terms will create or constitute, or be deemed to create or constitute, a partnership between the Parties. A party must not act, represent or hold itself out as having authority to act as the agent of or in any way bind or commit the other parties to any obligation.
9. Governing Law & Jurisdiction
- This Agreement is governed by the laws of the Australian Capital Territory, Australia.
- In the event of any dispute arising out of or in relation to the Services, the Parties agree that the exclusive venue for resolving any dispute will be in the Australian Capital Territory.
Any provision of these Terms which is prohibited or unenforceable in any jurisdiction will, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions of these Terms or affecting the validity or enforceability of such provisions in any other jurisdiction.
11. Entire Agreement and Modifications
Both You and the Provider confirm and acknowledge that these Terms and the details on the Enrolment page of the Website constitute the entire agreement between You and the Provider and shall supersede and override all previous communications, either oral or written, between the Parties.