Terms & Conditions

Thank You for your recent purchase at The Healthy Mummy. We are a MUMS ONLY community, with over 2 million mums, that EMPOWERS & SUPPORTS MUMS!  

But we do need to share a few words from our Legal Guys so you know what you are buying!

These Terms & Conditions constitute your legal agreement with The Healthy Mummy Pty Limited ACN 153 827 751 in relation to your access to and use of The Healthy Mummy website (“Website”) and the various related services (“Services”) accessible on or through the Website, including the 28 Day Weight Loss Challenge, Smoothies Subscription and eBook Membership.

Please note that no coupons or codes will work on already discounted items

If you wish to cancel your membership OR put it on hold OR switch to a different rate – please go directly to your Manage My Membership page where you can do this. 

Terms and Conditions for Lifetime Offer Membership

• The Healthy Mummy Lifetime Offer Membership offers either a one-off payment, or 4 equal fortnightly payment installments with NO RENEWALS
• As part the purchase you have access to The Healthy Mummy App and selected products
• Products are shipped the next working day
• Definition of “Lifetime” means the lifetime of The Healthy Mummy Business
• This product cannot be cancelled, and we do not offer any refunds.

Subscription Payments and Automatic Direct Debits (excluding lifetime membership offer)

The following section applies to all Healthy Mummy memberships and subscriptions, including the 28 Day Weight Loss Challenge. 

• You will be able to cancel your subscription at any point but no refund on payment will be given and your access to the Challenge (or other applicable subscription) will run until your existing paid term expires – at which point access will be terminated.
• Subscription payments are debited from your nominated account either every week, every month, every quarter, every 6 months or annually from the date the user joins up depending on the membership payment option joined. You will not receive notice on each occasion prior to your subscription payment being deducted. You expressly authorise The Healthy Mummy to make automatic debits from your nominated account in accordance with these Terms & Conditions.
• Cancellations to subscriptions can be made up to 2 days prior to the expiry of the current subscription period, otherwise, The Healthy Mummy cannot ensure the Paypal system is alerted to the cancellation and no funds are taken.

If you wish to cancel your membership OR put it on hold OR switch to a different rate – please go directly to your Manage My Membership page where you can do this

Payment Plan Terms and Conditions

Agreement

• The Healthy Mummy Payment Plan option is a payment option available to You which allows You to pay for purchases of
  • Lifetime 28 Day Weight Loss Challenge, with four fortnightly installments over a period of 42 days with only the first payment required at checkout.
  • Select 28 Day Weight Loss Challenge memberships, such as the 12 Month Payment Plan with only the first payment required at checkout
• If You place an Order to purchase the Lifetime 28 Day Weight Loss Challenge using The Healthy Mummy Payment option as your payment option, these Additional Terms and Conditions will apply to that Order in addition to the Terms and Conditions. These will form your Contract with Us.
• Subject to the terms of this Contract:
  1. Once we approve your Order, you will receive confirmation of your purchase
  2. You agree to make Payments in accordance as outlined in the Additional Terms and Conditions; and
  3. We will apply Payments made by You towards the Price of the Product and the relevant Delivery Fee (if applicable) notified to You when you place your Order. We will not charge You any other fees or charges for using The Healthy Mummy Payment option.

Your Payment Obligations

Fortnightly Payment Plan

1. You must make Payments in accordance with the Additional Terms and Conditions, with the first Payment made at the time You place your Order and the remaining three Payments made on or before the Due Date. The amount of each Payment will be determined by dividing the total of the Price of Products in your Order and the Delivery Fee by four.
2. You may pay the Payments due on each Due Date by any of the following payment methods:
   1. Visa;
   2. MasterCard;
3. You must not pay, or attempt to pay, any Payment through any fraudulent or unlawful means.
4. You will have the option to select a preferred payment method and provide applicable card or account details (Nominated Payment Source) at the time You place your Order. You expressly consent to, authorise and instruct us to automatically charge or deduct the amount of the first Payment from your Nominated Payment Source at the time You place your Order, and the remaining three Payments from your Nominated Payment Source for the amounts and on the Due Dates set out in your Payment Schedule. You are responsible for ensuring You have sufficient funds in your Nominated Payment Source available to make a Payment on the Due Dates specified in your Payment Schedule.
5. If We are unable to successfully process any of your Payments, We reserve the right to re-attempt to process the Payment at a later time or date. We will also try to contact You by email and/or telephone to inform You of the overdue payment and to organise payment of the outstanding amount.

12 Month Payment Plan

1. You must make Payments in accordance with the Additional Terms and Conditions, with the first Payment made at the time You place your Order and the remaining twelve Payments made on or before the Due Date.
2. You may pay the Payments due on each Due Date by any of the following payment methods:
   1. Visa;
   2. MasterCard;
3. You must not pay, or attempt to pay, any Payment through any fraudulent or unlawful means.
4. You will have the option to select a preferred payment method and provide applicable card or account details (Nominated Payment Source) at the time You place your Order. You expressly consent to, authorise and instruct us to automatically charge or deduct the amount of the first Payment from your Nominated Payment Source at the time You place your Order, and the remaining three Payments from your Nominated Payment Source for the amounts and on the Due Dates set out in your Payment Schedule. You are responsible for ensuring You have sufficient funds in your Nominated Payment Source available to make a Payment on the Due Dates specified in your Payment Schedule.
5. If We are unable to successfully process any of your Payments, We reserve the right to re-attempt to process the Payment at a later time or date. We will also try to contact You by email and/or telephone to inform You of the overdue payment and to organise payment of the outstanding amount.

Refunds

1. In accordance with the Terms and Conditions of a 28 Day Weight Loss Challenge subscription, no refunds are applicable.  If there are extenuating circumstances that mean a refund is honoured, and you have paid one or more Payments, We will cancel any future Payments relating to that Order as well as refund any or part of the Payments You have already made.  Your access to the 28 Day Weight Loss Challenge app will be removed.

Interpretation and Definitions

1. Below are the meaning of words used in these Additional Terms and Conditions:

• Business Day means a day that is not a Saturday, Sunday or public holiday and on which banks are open for business generally in Sydney, New South Wales.
• Contract means the Terms and Conditions, these Additional Terms and Conditions and the Payment Schedule.
• Delivery Fee means the relevant delivery fee notified to You when You place your Order, if applicable
• Due Date means the date that Payments are due, as specified in the Payment Schedule.
• Order means an order placed for a digital product.
• The Healthy Mummy means healthymummy.com which is fully owned by The Healthy Mummy Pty Ltd.
• Payment or Payments means the payments set out in the Payment Schedule.
• Payment Schedule means the part of this Contract entitled “Payment Schedule”.
• Products means goods sold by The Healthy Mummy.
• Terms and Conditions means The Healthy Mummy’s terms and conditions.
• Us / We means The Healthy Mummy.
• You means the customer placing the Order.

Please refer to the important health notices under the General Terms below.

Email Newsletter Support

• As part of the support we offer our support team offer, when you join our programs or purchase our products we will send you email support newsletters which you have the option to opt out of at any time
• You also will receive these support & offer newsletters when you request the free recipe sampler emails which you have the option to opt out of at any time.

Promotional Offers from us

• We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you (we call this marketing.) You will receive marketing communications from us, but not limited to, email and SMS, if you have requested information from us or purchased goods or services from us or where you have requested them, and, in each case, you have not opted out of receiving that marketing.
• Should you not wish to receive our marketing you may opt-out by contacting our DPM or by using the unsubscribe option in any communication from us. Upon receipt of an opt-out request you will be removed from our marketing list.

Intellectual Property

• All content, videos, recipes, names, logos and trade marks on this Website are the property of The Healthy Mummy Pty Limited. Nothing on the Website should be interpreted as granting any rights to commercial use or to distribute any names, logos or trade marks, without the express written agreement of The Healthy Mummy.
• Any copying or reproducing of any content (including recipes and exercise plans) will result in legal action being taken. This means that you cannot collate recipes and exercise and distribute to other persons.

Payment for recipes

• If you submit a recipe or any other content and receive payment to have it on our site then in return for that payment you agree that The Healthy Mummy becomes the owner of the copyright of that recipe. If you submit content to the Website in any other circumstances you grant The Healthy Mummy a perpetual, non-exclusive, worldwide, royalty –free, transferable licence to use that content for any and all purposes. You warrant that you have obtained all necessary rights and permissions to grant such a licence of your content to The Healthy Mummy and that the use of such content by The Healthy Mummy will not infringe any rights of any third party.                            

Customer Service Policy

• The Healthy Mummy is committed to providing exceptional customer service and quality products.  We endeavour to make sure that all products listed on our website are currently in stock and pricing is true and correct.
• In the event that an ordered item is not available or we are unable to fulfil your order we will use best endeavours to notify you within 5 business days to arrange an agreeable alternative item, a backorder or a full refund. These are your only remedies in the circumstances.
• We offer various sales to customers, but only 1 offer or discount code can be used at one time or on one purchase.
• While we always use our best endeavours to ensure that information is as accurate as it can be, The Healthy Mummy does not guarantee that information on the Website, including product information and availability, is accurate or up-to-date. If there are ever any mistakes or errors on the offers advertised, or if a product is unavailable or becomes unavailable we will endeavour to let customers know as soon as we know so the correct offer is on display. If a customer purchases a product where there has been a clear error in pricing and we discover this error before shipping, we will contact the customer to offer a refund or the option to purchase at the intended price.  We also ensure that the offer during any fixed period is placed at the top of the site and on the actual product page in the event that any kind of mistake has been made on marketing material. Subject to the foregoing we reserve the right to cancel or reject orders where there has been a misdescription or where a product is or becomes unavailable.

 

Payment Policy

• All transactions are processed in GBP. In respect of any Direct Debit arrangements established for the Services, you authorise The Healthy Mummy or its payment processing service providers to automatically deduct the subscription fees from your nominated credit card or bank account.
• Please note, due to the need for The Healthy Mummy to protect its intellectual property, the refund policy does not apply to ebook purchases or the 28 Day Online Challenges.
• We use reasonable commercial endeavours to protect the security of information including payment information provided by our customers. You should be aware however that shopping over the Internet is not 100% secure, and we take no responsibility for loss or damage you may suffer as a result of any third party accessing information provided by you as part of the payment or purchase process.

Privacy Policy

For information on how we collect, store, handle and disclose customer personal information please see our privacy policy. 

 

Return Policy

If you are not completely satisfied with your product, you may return the unused portion of product within 30 days of the date of purchase and a refund of the full cost of the product(s) will be given.

Please note we can only refund products that have been sent back.

For the 30 Day Money Back Guarantee to apply the original order/receipt must be included with your return, along with the unused product and any free gifts that were included in your original purchase.

You can request a return online via Viewport by visiting the link that was sent to you on the dispatch emails. Simply click the ‘return your order’ button and fill in the relevant details. At the end of the process, you will be able to print off a returns slip which contains our address details on the detachable section of the slip.

Sorry, we are unable to cover the cost of the return postage at this time.

General Terms applying to all Healthy Mummy Products and Services

Upon registration as a Healthy Mummy member (including where you register for the 28 Day Weight Loss Challenge), you will be provided with a password and account. You must not disclose them to anyone else or allow anyone else to use your account and password. You are entirely responsible for any access to your account, and acknowledge that any access to or use of your account by means of the password associated with that account is deemed to be access or use by you.

If you, or a user on whose behalf you register, breaches these terms and conditions, you acknowledge that we may, without limiting our rights, immediately suspend or terminate your account, without refund, and take appropriate legal action (if we choose) against you alone. Further you acknowledge that The Healthy Mummy is entitled to suspend or terminate your use of the Website or membership at any time if The Healthy Mummy considers that you have brought, or may bring, the reputation of The Healthy Mummy or its members into disrepute.

All material on or accessible via the Website is for information only and is not medical advice. It is not intended to replace the advice of a medical professional. You should consult with your Doctor before starting any weight loss program and do not begin any exercise or diet routine, or start taking any supplements, unless you have your Doctor’s clearance.

We also do not recommend any exercise or stomach exercises until you have had full clearance from your Doctor or Physiotherapist post birth – which for mums who have had C-Sections could be many many months post birth and trying to do exercise before you are ready could lead to severe injury.

If you experience any pain or discomfort during exercising, please stop all exercise immediately and consult with a medical professional.

The Healthy Mummy makes no claims or representations as to how much weight you can lose using any of The Healthy Mummy products or Services . Your results will vary from any examples given. Your total weight loss will depend upon your circumstances, the amount of calories that you consume on a daily basis, your determination, your activity level, and the duration of your efforts to lose weight.

We also recommend talking to your Doctor if your baby suffers from Colic before starting any diet plan as certain foods may exacerbate the colic if you are breastfeeding.

The Healthy Mummy reserves the right to change the Services, or features of them, at any time. The Healthy Mummy does not make any representations or warranties, express or implied, in relation to the Services or any products, except as expressly set out in these terms. The Healthy Mummy shall have no liability or responsibility to any person or entity, with respect to any loss or damage caused or alleged to have been caused directly or indirectly by the information contained on or accessible via the Website, or with respect to any loss or damage caused or alleged to have been caused directly or indirectly in connection with any of the Services or the supply of any goods or products.

Despite the foregoing, nothing in these terms is intended to exclude or limit The Healthy Mummy’s obligations or liability to you which may not be excluded or limited by law, including statutory guarantees and obligations implied by the Australian Consumer Law or the Australian Competition and Consumer Act.

If The Healthy Mummy incurs any liability to you under or as a result of any such non-excludable provisions, then The Healthy Mummy’s liability is limited to (at The Healthy Mummy’s election):

1.                  in the case of any Service, the re-supply of the Service concerned, or the payment of the cost or re-supplying the Service; or
2.                 in the case of any goods, the replacement or re-supply of the goods concerned, or the payment of the cost or re-supplying the goods.

Despite the foregoing sub-clauses, neither you nor The Healthy Mummy will be liable to the other for any consequential or indirect loss of any kind, including without limitation any loss of profit, loss of revenue, loss of reputation, loss of data or loss of business opportunity.

 

All fees are non-refundable, unless:

During the period in which you have paid for access to our information service through this Website, the information service is not available for a period lasting more than 3 consecutive days (unless due to circumstances beyond the reasonable control of The Healthy Mummy). In this circumstance, a pro rata refund may be granted upon written request by contacting us here.

All fees and any orders for products are non cancellable, non transferable and non refundable,  subject always to any non-excludable rights you may have under any applicable laws, including the Australian Consumer Law, and except as expressly set out in these terms and conditions. This non refundable policy applies irrespective if your personal circumstances change after you have joined the challenge or if you have chosen not to access the challenge during the challenge period.

Users can check or cancel their subscription by logging into their account and going to My Account and Manage My Membership

These terms shall be governed by and interpreted in accordance with the laws of New South Wales and Australia which shall have exclusive jurisdiction over any disputes.