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Terms of Lactation Consulting Services

 

1.       GENERAL

1.1       In these Terms:

(a)     Agreement means an order relating to the Service, together with these Terms.

(b)     Customer or You means the person buying the Service.

(c)     Service means the lactation consulting service available for purchase on our website.

(d)     Supplier, We or Us means More Than Milk Limited and its successors and assigns.

(e)     Terms means these Terms and Conditions of Service.

2.         BOOKINGS AND PRICES

2.1       Bookings for the Service are made via our website with payment due at the time of booking. You can book for in person sessions or videoconference sessions as are made available on our website.

2.2       Each booking accepted by us will constitute a separate contract on the terms of this Agreement.

2.3       Prices stated on our website include Goods and Services Tax. We reserve the right to vary prices without notice.

3.         PAYMENT

3.1       Website payments: Payments you make via our website are processed by third party payment providers.

3.2       Payments are processed in New Zealand Dollars (NZD).

4.         CANCELLATION AND REFUND POLICY

4.1       We accept in writing booking cancellations as follows:

(a)     Cancellations more than 48 hours before the session will be refunded in full

(b)     Cancellations between 48 hours and 12 hours will entitle you to a 50% refund

(c)     Cancellations less than 12 hours before the session are not refundable.

5.         PERFORMANCE OF THE SERVICES

5.1       Time: We undertake to use reasonable endeavours to deliver the Services within the time specified by us but dates we give for performance will be indicative only. No date specified by you will be binding on us without our written agreement.

5.2       Use of reports: Any reports prepared or procured by us as part of the Services are to be used only by you.

5.3       Services to be supplied: You acknowledge and agree that the Services are limited to those set out in the invoice, order form or other similar document issued by us

  • Referrals: We reserve the right to refer your baby to the hospital or paediatrician if necessary, but we will discuss that with you before we do so. We also reserve the right to notify the appropriate agencies if we are concerned about your or your baby’s safety in the home. If you are under a LMC we will also discuss this with them prior to referring.

  • Compliance: We undertake to provide the Service in compliance with the International Board of Lactation Consultants’ Code of Conduct and the WHO’s Breast Feeding Guidelines.

  • Advice specific: The advice we give you at the consultation and any follow up advice or care plan is individualised advice prepared for you and your baby. You agree not to share it with third parties. You also acknowledge the advice may not be suitable for another child.

6.         YOUR OBLIGATIONS

6.1       Participation: you will provide us with any relevant information required to enable us to perform the Services. This includes disclosing any medical conditions you or your baby may have so that we can provide appropriate advice. You are expected to participate fully in the Services and positive results depend on this. You agree to follow safe sleep guidelines.

6.2       Follow-up support: You will be sent a written care plan within 24 hours of your consultation. Some of our Services include reasonable phone and email support for one week Monday to Friday during business hours. Phone calls can be arranged for suitable times. You are responsible for contacting us for support.

6.3       Health and Safety: If we come to your home for the consultation it is your responsibility to ensure that we have a suitable space to meet in and all necessary health and safety measures have been taken.

6.4       Right to delay or cancel: If we are concerned about the presence of any hazards or risks at the site we may, in our absolute discretion, reschedule or cancel a consultation.

7.         LIABILITY AND DISCLAIMERS

7.1       Consumer Guarantees Act: As a consumer, you have certain rights under the Consumer Guarantees Act 1993 and the Fair Trading Act 1986. Those rights apply alongside these Terms and Conditions and are not affected by anything in this clause.

7.2       Limitation of liability:

(a)     Claims: We will have no liability for unsatisfactory Services unless you notify us in writing of your claim within 24 hours after performance of the Services;

(b)     We will have the option, exercisable at our discretion, to replace or give credit for any services in respect of which any claim is made or proven or to refund a portion of the price paid for the Services, thereby fully discharging all our legal liability;

(c)     We are not liable for any loss caused by you, or any loss that results from your failure to take reasonable steps to avoid or minimise your loss;

(d)     Notwithstanding any other provision of this agreement, neither party will be liable for indirect, special, consequential or similar damages or losses, including but not limited to loss of profit or revenues or other financial or economic losses of any kind and whether or not the other party has been advised of the potential for such damages.

7.3       Disclaimers:

  • Our Services are not a substitute for medical care. If you have any specific questions about any medical matter you should consult your midwife or doctor or other professional healthcare provider. If, at any time, you think you or your baby may be suffering from a medical condition you should seek medical advice.

  • You acknowledge that the Services do not constitute mental health treatment. If you have any specific questions about any mental health matter you should consult your doctor or other professional healthcare provider.

7.4       No guarantee: Our Services include advice and training that you and your family are best placed to implement. For this reason, and because your infant is a unique individual, we cannot guarantee results.

8.         GENERAL

8.1       Events outside our control: If any cause beyond the reasonable control of the Supplier including but not limited to order of a government or other authority, strike, lockout, labour dispute, delays in transit, difficulty in procuring components or ingredients, embargo, accident, emergency, inclement weather, act of God or other contingency interferes with delivery by the Supplier or with the performance by the Supplier or any of its obligations under this Agreement then the Supplier may at its sole discretion suspend its performance of any such obligation or cancel this Agreement and will not be liable to the Customer in any respect.

8.2       Severability: If any clause or provision of this Agreement is held illegal or unenforceable by any judgment of any Court or Tribunal having competent jurisdiction, such judgment will not affect the remaining provisions of this Agreement which will remain in full force and effect as if such clause or provision held to be illegal or unenforceable had not been included.

8.3       Variation to Terms: We may vary or replace these Terms from time to time by publication on our website.

8.4       Waiver: This Agreement remains in force notwithstanding any neglect, forbearance or delay in enforcement. We may only waive a term or condition in writing, and such waiver will only apply to the particular transaction to which it refers.

8.5       Privacy Policy: Any personal information collected by us in connection with this Agreement will only be used or disclosed for the purposes of ensuring performance of this Agreement and any future like arrangement or arrangements. This may include disclosure within our organisation and to other parties involved in performing the Services. We agree to comply with relevant privacy laws in respect of any personal information collected in connection with the provision of the Services and any future like arrangement or arrangements. Because we use Stripe and PayPal to process payments, you consent to and understand that your personal information may be sent to Stripe or PayPal, and may be transferred, processed and stored outside of New Zealand.

8.6       Electronic Communications: You consent to receive commercial electronic messages from us. If you wish to opt out of receiving these messages please use the “unsubscribe” function.

8.7       Governing law and jurisdiction: This Agreement is governed by and construed in accordance with the laws of New Zealand in English, and each of the parties submits to the non-exclusive jurisdiction of the courts of New Zealand.

 

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