Website Terms & Conditions
Introduction
This website www.babyandyou.com.au is owned by Carolyn van Balkom and Olivia Flannery trading as Baby and You (ABN 30464263491). Please contact us at hello@babyandyou.com.au
This document sets out the Terms and Conditions you need to be aware of when using this website or purchasing from us. Please take a moment to read it, as it sets out the terms of our relationship so that we may benefit from clear boundaries and knowing what to expect from each other.
When you visit this website, use our services, or purchase our products, you agree that you are over the age of 18 and willing to be bound by these Terms & Conditions. If you don’t agree, you should not continue to visit this website or purchase anything from us.
All products and services advertised on this website are offered in compliance with Australian Consumer Law.
These Terms & Conditions may be changed or modified from time to time. Please check back regularly to ensure you are aware of any changes.
There may be additional, specific terms of purchase or terms of service provided to you in relation to our products, services and programs. If there is any inconsistency between this document and those specific terms of service, these Website Terms & Conditions are overruled to the extent of the inconsistency.
Content Disclaimer
On this website and in our social media accounts, we provide evidence-based education and information for the perinatal period and for parents of babies and toddlers aged 0-5 years of age.
Our information covers:
- infant feeding including breastfeeding support,
- newborn, infant and toddler sleep,
- newborn, infant and toddler development,
- the post-partum period, and
- parental emotional and physical health and wellbeing.
Our content is provided solely for educational purposes and to assist you as you navigate your way through early parenthood. It is our intention to empower and increase your parenting confidence, supporting you to support your baby. The information we provide is not prescriptive and it is important that you seek personalised support as required.
Content Policy
We conduct extensive research in order to provide content that we believe to be valuable and true. However, we have no responsibility for the use that you make of that information.
Please be aware that the generalised information we provide is not a substitute for specialist advice tailored to your individual circumstances.
There is no professional relationship formed by your visit to our website unless you explicitly choose to work with us by purchasing our services or products.
While we take all reasonable care to ensure that the content we create is accurate, relevant and up to date, we make no guarantees and disclaim any legal liability for inaccuracy, incompleteness or error. If you find something that seems problematic, it would be very helpful if you let us know!
We may modify our content at any time, including altering or deleting it without notice.
All services are provided in accordance with the requirements of The Nursing and Midwifery Board of Australia and APHRA (Australian Health Practitioner Regulation Agency). Please seek medical advice for any conditions affecting your baby or child.
Visitor Responsibilities
You are responsible for your own safety and wellbeing while browsing the internet. Do not act on anything you read without first conducting your own research, consulting appropriately qualified professionals, and making informed choices about what is right for you, based on your personal circumstances.
It really should go without saying, but as a user of our website, you agree not to behave maliciously, spam any other user, post defamatory content about anyone, infect any aspect of our website with malware, hack into any part of our website where you don’t have our permission to be, or use our website for any purpose other than consuming our content, engaging in our programs, and purchasing our products or services. You also agree not to use our website or content in any way that is unlawful or harmful to any other person or business. If you do, we have the right to refuse you service and ban you from accessing our website or social media.
Downloads
This site may offer paid and free downloads. While we take cybersecurity seriously and make every reasonable effort to ensure these downloads are safe and hassle free, we are not responsible for any viruses or other damage which might occur as a result of you downloading material from this site. Please make safety your priority and ensure you have adequate protection against viruses and other malicious attacks that may occur without our knowledge or consent.
External Links
From time to time, we may provide links to external sites. We have no control over the information provided on these sites, and the links are solely for your information and education. We do not endorse any products they offer for sale, take no responsibility for their content, and have no relationship with them unless otherwise clearly notified. Whilst we believe them to be reputable sources of information, any relationship you enter into with them is at your own risk
Disclaimer for Services
There are several ways you may choose to work with us that are available to purchase or book through our website. The terms and conditions in this document apply to all of our services unless alternative terms are explicitly provided to you.
Baby and You operates Monday to Friday from 9am - 4pm. We are available to work outside of these hours on an individual needs basis. There are several ways you may choose to work with us that are available to purchase or book through our website. We offer individual in-home appointments, telehealth and group workshops. We may also offer to provide follow up support via email or SMS following individual consultations, depending on your needs.
Our intention in offering these services is to support you with your parenting journey enabling you to feel more confident and connected with your baby or child.
Why Work with us?
We are registered Child and Family Health Nurses with over 20 years’ experience working with families. We are also Circle of Security Facilitators and graduates of the Newborn Mothers Post Partum Education and Care Professionals Program. As registered nurses we are required to undertake a minimum of 20 hours of Continuing Professional Development each year. CPD ensures the development of our ability to reflect on our practice, assess and adopt new approaches to our practice and develop better ways of working as a result.
As regulated health professionals and registered nurses, we are legally responsible to and accountable to the Nurses and Midwifery Board of Australia (NMBA). We believe it is our responsibility to work within our scope of practice, providing our services in an ethical and safe manner. We aim to work with you in partnership and provide a judgement free space for you to grow as a parent.
What we Expect from You
As a consumer of our services, we believe it is your responsibility to be honest with us about your current parenting issues and concerns to allow us to provide you with the correct level of support, guidance and education. Keeping an open mind and understanding that there is no "magic wand" or quick fix will help you to avoid disappointment. You need to take responsibility for your own parenting journey. If you have any questions or concerns, please email us before proceeding with your purchase.
Important Information
Important information about how to care for your own wellbeing and get the most value out of working with us is set out below.
We will provide you with a pre-consultation questionnaire. This information will help us to identify your needs, understand your situation and support you better. We ask that you openly and honestly complete the questionnaire to the best of your ability.
We are committed to respecting your confidentiality. All personal and sensitive information that we collect from you will be held in accordance with our Privacy Policy, which you can also find on this website. Please note that we are subject to mandatory reporting obligations and may need to inform appropriate authorities if we have serious concerns about your safety, or the safety of any child.
When carrying out home visits, we will conduct a risk assessment designed to ensure our safety. We reserve the right to refuse to conduct a consultation at your home, and choose to offer you a telehealth consultation instead, if we feel unsafe for any reason. This decision will be made at our sole discretion.
You agree to respect the boundaries that we put in place to maintain a therapeutic relationship. We will do all we can to communicate these boundaries to you clearly, and seek your informed consent, to ensure that we are all on the same page and know what to expect from each other.
You will get the most out of working with us if you foster open communication, mutual respect and shared commitment to goals. There is no "one size fits all" approach when it comes to babies and parenting. Allow yourself to be open minded and remember there is no such thing as a perfect parent. It is a learning journey. At the end of the day, we just want to support you and your baby. What works for one will not work for another and you can be assured that we will listen to you and provide you with strategies that align with your own values.
We might not be a good fit to help you if you or your child has complex medical needs. The precision and efficiency of our services rely on you sharing all relevant information about your child and yourself and answering all our questions thoroughly. There may be many factors influencing your child's feeding, growth, development, sleep, behaviour and your own wellbeing that we won't know about unless you provide that information. This might include medical conditions, treatments or illnesses. In offering our services, we follow the latest guidance from Australian Health Professionals. Even if you follow this advice correctly, however, there is no guarantee that it will lead to any improvement in your current issues or concerns. We are not medical doctors or mental health professionals, and our work does not treat or diagnose. We accept no responsibility for outcomes that are outside the scope of our services. To provide you with consistent collaborative care it is important that you inform us if you or your child are working with another healthcare professional.
If any concerns arise during our work together, we strongly recommend you seek advice from an appropriately qualified professional. We have many years of experience working with other support services and are happy to discuss this with you further as needed.
Indemnity
We do not make any guarantees or warranties about the accuracy of any material displayed on this website, or the products, services, or programs offered through it, except for any non- excludable consumer guarantees and other consumer protection provisions set out in the Australian Consumer Law. We are human and errors creep in despite the best of intentions. If you see something that doesn’t seem right, please let us know.
While we make all reasonable efforts to ensure that this website and our services and programs meet with the highest standards of best practice, if something does go wrong that is not a direct result of our negligence, misrepresentation or deliberate fault, you agree that, to the fullest extent permitted by law, we will not be liable for any loss or damage arising out of or related to our website, any products or services purchased through it, or any material posted on it, irrespective of whether such damages were foreseeable, and regardless of the nature of the claim.
You take full responsibility for your implementation of any suggestions that we may make while providing our services. You understand that our advice is limited to providing you with options for your consideration, and that you are solely responsible for any actions that you choose to take. Always consult your own values and vision, do your own research, and check with appropriately qualified professionals before making major decisions or significant changes to your behaviour. You agree to indemnify us against all consequences arising directly or indirectly from your choices.
You expressly agree that if this indemnity is unenforceable for any reason, our total cumulative liability for all causes of action of any kind shall not exceed the amount that you have paid to us. However, any indemnities or liability will be reduced proportionately to the extent the liability was caused by our negligence.
Payment Terms
All prices on our website are in Australian dollars (AUD) and are inclusive of any Australian Goods and Services Tax (GST).
We offer the option to pay for our services by credit card or EFT deposit to our bank account. We do not store any of your financial information.
Payment is required in advance of the consultation. Additional travel costs may apply on an individual basis.
Refund Policy
We do not offer a refund if you change your mind, so you are encouraged to consider carefully whether a purchase is right for you before you make your payment.
We take our obligations under Australian Consumer Law seriously and will do our best to address any issues that arise. However, even if there is a major problem, our liability is strictly limited to:
- replacing the goods or providing the services again; or
- if we are unable to do so within a reasonable time, refunding the full amount that you have paid to us.
If you feel that there is any problem with our services or your purchase, please let us know within 48 hours of the consultation. We are keen to understand what has gone wrong if you are unhappy so that we can address your concerns and try to find a mutually acceptable solution.
Delivery
If anything is unclear or confusing about how to access our services, we encourage you to reach out to us so we can provide clarification.
Appointment Policies
Due to the amount of preparation we do before our appointments, please provide at least 24 hours’ notice if you need to cancel or reschedule your appointment. This allows us to help someone else in the time that was reserved for you. In the event of an unplanned emergency please advise us ASAP. Appointments that are cancelled with less than 24 hours’ notice will incur a cancellation fee of 50% of the service fee.
Intellectual Property
Copyright & Trade Secrets
The content of this website and in all of the courses and resources we provide is protected by copyright laws and treaties around the world, with all rights reserved.
You are welcome to share blog posts or other publicly available content through social media, but you must provide a link back to this website.
You may store, print and reproduce the publicly available content that we supply solely for your own personal use, and only if we are clearly acknowledged as the source.
You may link to content on our website or social media profiles, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. However, you must not suggest any form of association, approval or endorsement on our part where none exists.
Trade Marks
We own the unregistered trademarks, logos, and service marks displayed on this website, including Baby and You. These trademarks may not be used in connection with any other product or service without a licence, or in any way that is likely to cause confusion in the marketplace, or in any manner that disparages us or our business. We claim ownership of our logo as an unregistered trademark. It may not be used without our express permission.
Unless explicitly stated to the contrary, all persons (including their names and images), third party trademarks and content, services or locations featured on this website are in no way associated, linked, or affiliated with us and you should not rely on the existence of such a connection or affiliation. Any trade marks or names mentioned on this website remain the property of the respective trade mark owners. Where a trade mark or brand name is referred to, it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to us.
Respectful Communication
We reserve the right to moderate any comments made on this website, in the Facebook Groups we control, and on any of our social media pages and profiles, including deleting comments that we deem to be rude, offensive, spammy or unacceptable, without any notification or correspondence with you. Keep all communication kind and polite, please.
Disrespectful or aggressive behaviour towards our team or anybody else will not be tolerated.
If a dispute arises, you agree to refrain from engaging in any public discussions regarding the matter, communicate with us in a polite and respectful manner and avoid any behaviour or communication that could reasonably be expected to negatively impact our business or personal interests. We make a similar commitment to you.
Dispute Resolution & Jurisdiction
If you have any concerns, issues, or complaints arising out of your use of this website, our products or services, or these terms and conditions, you agree to communicate with us with the intention of making a genuine effort to seek a win/win solution and trying to resolve the dispute in good faith through negotiation and discussion. Please email us at hello@babyandyou.com.au and expect a response within 2 business days.
These Website Terms & Conditions are subject to the governing law of New South Wales Regardless of where you live in the world, you irrevocably agree that if the dispute resolution processes fail, the courts of New South Wales, and the Commonwealth of Australia, will have exclusive jurisdiction.
Thank you for reading & respecting our T&Cs
This document was created with the support of Carefree Counsel. Copying it without permission is an infringement of our copyright and Carefree Counsel’s. Look after your business and your clients by getting your own Contracts that Care!
