Terms and Conditions
These Terms and Conditions apply to the use of any Services provided by A Breast Start (the “Lactation Consultant”).
“Consent Form” means the consent form attached to these Terms and Conditions and the New Patient Form.
“Fee” means the fees set out on the Website as amended from time to time plus any applicable Travel Fees.
“Initial Consultation” means your first consultation with the Lactation Consultant.
“Services” means the pre and post natal midwifery care, childbirth education, breastfeeding, chest feeding and lactation support and management via in person consultations, telehealth, courses, education programs and written and video media. All initial consultations are accompanied by 2 weeks of ongoing email or text message support during the hours of 8am – 8pm, 7 days per week – messages will be answered within 5 hours between the hours 8 am to 8 pm. Overnight messages will be answered by 9 am the next morning.
“Travel Fees” are calculated as $1.00 for each kilometre travelled past a 30km radius from Inala, Qld.
“Website” means “abreaststart.com.au”.
2. Agreement to Supply Services
By signing the New Patient Form overleaf, you agree to accept these Terms and Conditions and consent to the matters set out in the Consent Form.
All Services are supplied on the basis of the Terms and Conditions to the exclusion of any other representation, expressed or implied, oral or in writing.
These Terms and Conditions prevail over any purported conditions of purchase as notified by you.
These Terms and Conditions may only be varied by a written variation signed by A Breast Start.
You accept the Fee as it pertains to the Services you have booked.
Payment is required on or before the day of your appointment.
A $50.00 non-refundable deposit is payable at the time of booking.
Payment for Services can be made via debit or credit card via third party payment system Stripe.
4. Bookings and Cancellations
An appointment reminder will be sent to you via SMS 48 hours before each appointment time. You must accept the appointment time by completing the COVID-19 questionnaire contained in the SMS reminder. For Initial Consultations, you must accept the booking by returning the completed New Patient Form. Receipt by the Lactation Consultant of the COVID-19 questionnaire or the New Patient Form will be deemed acceptance of the proposed appointment time.
In cases where confirmation has not been received, the Lactation Consultant will attempt to contact you to confirm your appointment and provide pre-appointment documentation.
You must provide the Lactation Consultant with a minimum of 24 hours notice to cancel or reschedule your appointment.
If you provide at least 24 hours notice of an appointment cancellation and you reschedule your appointment to an available appointment slot, no cancellation fee is payable.
If you fail to provide at least 24 hours notice of an appointment cancellation or are not present at the designated appointment venue within 15 minutes of the commencement of the appointment, a cancellation fee of 100% of your original Fee is payable.
New appointment times are subject to availability.
If your appointment is cancelled by the Lactation Consultant no Fee is payable by you
5. Medicare rebates and Private Health funds
Medicare rebates may be available for some midwifery Services. A GP referral is required for Medicare rebates. You are responsible for submitting a claim with Medicare for a rebate. The Lactation Consultant does not have Medicare processing capability.
If you have private health insurance, you are responsible for liaising directly with your private health fund to determine if you are eligible for private health benefits in respect of the Services and to submit any claim.
6. Provision of Information
You agree to provide complete and accurate information on the New Patient Form, including your personal details to enable the processing and delivery of the Services. The Lactation Consultant will not be liable to you or a third party for any loss for a delay or failure to process, fulfill or deliver the Services due to inaccurate or incomplete personal details.
7. Warranty and Warranty Claim
The Lactation Consultant does not provide any warranties or guarantees as to the accuracy, completeness or suitability of the Services for any particular purpose, nor does the Lactation Consultant provide any warranties or guarantees as to the results which may be achieved through the provision of the Services.
All terms, conditions, warranties, undertakings, inducements or representations whether expressed, implied, statutory or otherwise relating in any way to the Services supplied to you which are not expressly stated in these Terms and Conditions are expressly excluded.
8. Limitation on Liability
The Lactation Consultant will not be liable to you or any other person for any breach of these Terms and Conditions and the Lactation Consultant will be under no liability to you in respect of any loss or damage (including any consequential loss or damage) howsoever caused which may be suffered or incurred or which may arise directly or indirectly in respect of the Services supplied to you. The maximum aggregate liability that the Lactation Consultant shall have shall not exceed the fees paid by for the Services. Any limitations on liability will survive termination of the Services.
You (and the Participant) hereby indemnify the Lactation Consultant against all claims, demands, remedies, suits, injury, damages, loss, costs, liabilities, actions, proceeding or right of action (including legal costs on an indemnity basis) arising from (but not limited to) your use of the Services (including negligence) which results in loss, injury or damage (including death) to any property or person.
All indemnities survive termination of the Services.
10. Force Majeure
The Lactation Consultant will not be liable to you for any loss, damage or expense caused by the Lactation Consultant failure to supply the Services as a result of fire, flood, tempest, earthquake, riot, civil disturbance, theft, crime, strike, lockout, breakdown, war, the inability of the Lactation Consultant’s normal suppliers to supply necessary materials or any other matter beyond the Lactation Consultant’s control.
All copyright, data, text, software, images, graphics, trademarks, logos, interfaces, catalogues, brochures, flyers, photographs, and other intellectual property (“the Content”) on the Website or provided as part of the Services is owned, controlled by, or licensed to the Lactation Consultant. You must not use, copy, modify, reproduce or distribute the Website or the Content without the Lactation Consultant’s prior written consent. You must not frame or embed in another website any of the material appearing on this Website without the Lactation Consultant’s prior written consent. You may view and print the Content on your personal computer for the sole purpose of viewing the Content and purchasing the Services, but not for any other use, including any commercial use. You must not use any of the marks or trademarks appearing on this Website or the Lactation Consultant’s name without the Lactation Consultant’s prior written consent.
If any provision of these Terms and Conditions becomes void or unenforceable, it will be severed from this agreement without affecting the enforceability of the other provisions which will continue to have full force and effect.
These Terms and Conditions are governed by the laws of Queensland, Australia and each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of Queensland, Australia.
The Lactation Consultant reserves the right at all times to make changes to these Terms and Conditions. Any variations to these Terms and Conditions will take effect from posting on the Website. The Terms and Conditions which apply at the time of signing the New Patient Form are those that govern the agreement between you and the Lactation Consultant with respect to those Services.
A failure or delay by the Lactation Consultant to exercise a power or right under these Terms and Conditions does not constitute as a waiver of that power or right, and the exercise of a power or right by the Lactation Consultant does not preclude its future exercise or the exercise of any power or right.
13. Dispute resolution process
The Lactation Consultant is committed to its clients and their customer satisfaction. If, in the event you are unhappy with the Services you are encouraged to contact the Lactation Consultant email@example.com to discuss your complaint and rectify if appropriate.
The code of professional conduct for IBCLCs along with complaint forms, disciplinary procedures and sanction list can be found at https://iblce.org/resources/disciplinary-procedures/