Terms & Conditions

By booking the Services, which are provided by Belinda Simpson trading as Cairns Lactation Consulting ABN 46 487 709 909, you agree with the following terms.  You agree that you must not use the Services unless you have read and accepted these terms.

Booking

1.1 You may book the Services via our third party booking platform.  You may be required to register with the booking platform and comply with their terms and conditions and/or community guidelines when using their product or website to book the Services.

1.2 We reserve the right to reject your booking.  If we elect to reject your booking and you have paid the Appointment Fees for the Services, then we will refund any amounts paid to you for the affected Services.

1.3 To cancel a booking, you must contact us immediately, and at least prior to provision of the Services.  We cannot cancel a booking after we have supplied the Service to you.

Services

2.1 In order to provide the Services, we will ask you to provide information from time to time about yourself, your baby, and your needs.  This information may be sensitive in nature, and will be dealt with in accordance with clause 5.  You acknowledge that if you do not provide all or some of the information requested, we may not be able to provide the Services to you effectively or at all.

2.2 You acknowledge that we do not represent or warrant the suitability of the Services for your particular circumstances, or that you will achieve any particular result from them.  While we endeavour to ensure the Services are useful to you, the Services may not be the appropriate solution for you and your baby.

2.3 If we require a referral from a general practitioner or any other documentation or diagnostics prior to providing you with the Services, this will be notified to you at the time of scheduling an appointment.  It is your responsibility to obtain the required referral, other documentation, or diagnostics prior to your scheduled appointment.  Failure to do so may mean we are unable to provide you with the Services at the scheduled time, and you may be charged a Cancellation Fee for the scheduled appointment.

2.4 Where Services are provided to you at your home, or at another location you have requested we attend, you must ensure the location is a safe and suitable environment for us to provide the Services.

2.5 You acknowledge that it is your responsibility to provide us with progress reports as required.

2.6 We will provide the Services to you during Business Hours with due care and skill, and will treat you and your baby with care and respect.  We expect that you will also be courteous and respectful in your dealings with us.  We reserve the right to withdraw your access to the Services in the event you do anything that is offensive, unlawful, misleading, discriminatory, fraudulent, defaming, or harassing, or which infringes or violates our or someone else’s rights, or which we otherwise, in our sole discretion, consider to be unacceptable.

Consent

3.1 By making an appointment to receive the Services, you give your consent for the lactation consultant to work with you and your baby in relation to breastfeeding methods and concerns.  You agree and acknowledge that a lactation consultation may involve:

(a) touching of breasts and nipples for the purposes of assessment;

(b) inserting gloved fingers into baby’s mouth to assess suck or oral restriction;

(c) observation of a breastfeed, and suggestions to optimise latch or position; and

(d) demonstration of equipment or supplies and techniques.

3.2 If at any time during provision of the Services you feel uncomfortable and do not wish to continue, please let us know.

3.3 If you have consented to photos or videos (Recorded Media) being taken of you and your baby during your consultation for educational or promotional purposes (or both), you acknowledge that the rights granted to us are worldwide, and perpetual and you will not receive any payment, royalty, or other consideration (whether monetary or otherwise) from us in connection with the Recorded Media or its use.  You acknowledge that the intellectual property rights in the Recorded Media will be owned by us, and where applicable, you assign all intellectual property rights in the Recorded Media on creation.  For the avoidance of doubt, photographs where breasts are showing will be anonymised, however baby’s faces will generally not be cropped out or blurred.

Fees

4.1 You must pay the quoted Appointment Fees for the Services at the conclusion of the consultation.

4.2 If you cancel a scheduled appointment with less than 48 hours’ notice, you will charged a Cancellation Fee equivalent to 50% of the Appointment Fees.

4.3 We use third party payment processors to process Fees.  You acknowledge that additional terms and conditions may apply to the use of these third party payment processors, which are available from the third party payment processors.

Privacy Collection Statement

5.1 We may collect use, and disclose the personal information and sensitive information you have provided to us in accordance with our privacy policy, available at http://cairnslc.com.au/privacypolicy.  Generally, we collect personal information directly from you and use your and your baby’s personal information for the purposes of providing the Services to you, and facilitating our internal business operations.  If you choose not to provide us with your or your baby’s personal information, or it’s incomplete or inaccurate, we may not be able to provide you with the Services or information you are seeking.  We may disclose your and your baby’s personal information to your healthcare providers (such as your GP, paediatrician, treating hospital or clinic), third parties who assist us in operating our business, third parties to whom you have agreed we may disclose personal information, or as otherwise permitted or authorised by law.  We are not likely to disclose personal information overseas.  More detailed information about the way we use, disclose, and secure personal information, how you can access and correct personal information, and how you can make a complaint about a breach of privacy, can be found in our privacy policy.  You can contact us via: 100 Nucifora Access, Gordonvale, QLD 4865]; admin@cairnslc.com.au]; or [0428 867 566.

5.2 We may use de-identified information for education of other health care providers and mothers about lactation, or for any other purpose.

Limitation of Liability

6.1 The Services come with guarantees under the Australian Consumer Law which cannot be excluded, including that the Services will be provided with due care and skill, will be reasonably fit for the specified purpose, can reasonably be expected to achieve the desired result, and will be provided within a reasonable time.  If we do not meet any of these guarantees, you have rights under the Australian Consumer Law.

6.2 To the maximum extent allowable at law, and except as a direct result of our negligence, we are not liable to you for:

(a) any loss or damage caused directly or indirectly by third party products, websites, or services used by you in booking or receiving the Services (or both);

(b) personal injuries, medical or health conditions, or loss or damage arising from same, caused or contributed to by your baby or any other person during the provision of the Services;

(c) the exacerbation of pre-existing personal injuries, medical or health conditions, or loss or damage arising from same, during the provision of the Services; or

(d) any loss or damage arising in connection with the Services where you failed to provide us with information necessary to provide the Services effectively or at all.

6.3 Under circumstances where our liability cannot be excluded and where liability may be lawfully limited, such liability is limited to the remedies required of us under applicable law (including the Australian Consumer Law).  This liability clause is subject to your rights under the Australian Consumer Law and nothing in these terms and conditions is intended to limit any rights you may have under the Competition and Consumer Act 2010 (Cth).

General

7.1 The laws of Queensland, Australia govern this agreement.

7.2 Each party irrevocably submits to the non-exclusive jurisdiction of the courts of Queensland, Australia and courts competent to hear appeals from those courts.

7.3 We may subcontract our obligations under this agreement.

7.4 A clause or part of a clause of this agreement that is illegal or unenforceable may be severed from this agreement and the remaining clauses or parts of the clause of this agreement continue in force.

7.5 This agreement supersedes all previous agreements about its subject matters.  This agreement embodies the entire agreement between the parties.

Definitions and Interpretation

In these terms:

Appointment Fees means the Fees payable for scheduled appointments for the Services.

Business Hours means 8.30 am to 5.00 pm Monday to Friday, excluding public holidays in the State of Queensland.

Cancellation Fees means the Fees payable for a late cancellation of a scheduled appointment for the Services.

Fees means any fees payable by you to us, including the Appointment Fees and Cancellation Fees.

Personal Information has the meaning given to that term by the Privacy Act.

Privacy Act means the Privacy Act 1988 (Cth) and any ancillary rules, guidelines, orders, directions, directives, codes of conduct or other instruments made or issued under it, as amended from time to time.

Services means the services we provide to you under these terms.