Healthy Mummy Terms & Conditions
We are delighted you have joined The Healthy Mummy family and we look forward to supporting you on your health and weight loss journey.
We do however need to let you know about all the legal jargon that our legal team compile which although it is all very standard across any similar business – we like to make it readily available for you to read too – and it is focused around payments, subscriptions , intellectual property, copyright, cancellations and refunds.
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.
Subscription Payments and Automatic Direct Debits
The following section applies to all Healthy Mummy memberships and subscriptions, including the 28 Day Weight Loss Challenge. Please read further below for additional SMOOTHIE subscription details
- 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
Please refer to the important health notices under the General Terms below.
About the Smoothie Subscriptions
- You have the choice of purchasing 3 smoothies a month, 2 smoothies a month or 1 smoothie a month.
- Every month (from the date you subscribe) you will be charged the rate you joined up on for your smoothies
- Your rate will never increase and is locked in at this low rate for the lifetime of your subscription
- If you wish to cancel your membership OR put it on hold OR switch to a different rate – please contact our fabulous customer service team [email protected]
About the eBook Membership
- When you join, you will be taken to The Healthy Mummy library with all of our eBooks and you can view every single book in the Healthy Mummy library.
- Each month, your membership gives you the ability to download 3 eBooks of your choice onto your device.
- You have access to all new books. We intend to release a NEW/UPDATED eBook every single month and these will all form part of the eBook budget membership.
- The rate is paid Quarterly. The first payment is made on the day you join, then on the same day of every third month thereafter until you cancel. The rate is your lifetime discount rate for as long as you keep your membership and will never increase.
- Your eBook membership gives you a personal, non-transferable right to view and (where applicable) download the book concerned during the term of your membership, and to use the books solely for personal, non-commercial purposes. You cannot share, copy, publish, disseminate or communicate the books with other people. Your membership gives only you the ability to have access to all books, and the eBooks have tracking devices on to ensure anyone breaching copyright law will be contacted by our legal team.
- If you lose any of your eBooks within a month period, you can request for the eBooks to be resent to you by our customer service team for a $2 admin fee per eBook sent – that must be paid prior to resending.
- If you wish to cancel your membership please go directly to your Manage My Membership page where you can do this
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.
- 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.
Supply of Products
- You are responsible for checking any product orders before purchasing and for ensuring the accuracy of any information provided to us in connection with any product order. In the event of incorrect or inaccurate information being provided by you, we may cancel or reject an order.
- Other than as set out in these terms, we may vary the prices for products at any time, and prices are subject to change until you have paid for the products in full.
- Australian shipping costs are a flat rate of $9.95 per order regardless of quantity. All orders are sent via Australia Post or Star Track or Fast Track and we endeavour to despatch the next working day after you place your order with delivery estimated in 3-7 working days depending on your location in Australia.[CK1] Delivery time is not guaranteed.[CK2]
- Overseas delivery times will be quoted at the online shop when you choose your country destination but usually take approximately 14 working days
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 and Refund Policy
- All transactions are processed in Australian Dollars. 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.
- We are so confident of the quality of our products that we offer a 30 day money back guarantee on product purchases sent in the mail. The 30 days applies from the date of purchase, therefore pre-order items that arrive post 30 days from purchase are not covered under the 30 day money back guarantee. NB: For purchases of activewear the 30 day money back guarantee will apply from date of dispatch, not date of purchase.
- 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.
- If you are not satisfied with the Healthy Mummy Smoothies then return the used and empty packaging or unused portion of product within 30 days of date of purchase to The Healthy Mummy at PO Box 647, Manly PO (Central Ave), Manly, NSW, 1655 and a refund of the full cost of the product(s) will be given.
- Please note we can only refund product or empty packaging of a product that is sent back. Please also note that the postage cost will not be refunded. Please also note that it is not a weight loss guarantee as you will need to follow our weight loss advice and plans to have the best opportunity to lose weight and we cannot control what you eat and what exercise you do so it is a product money back guarantee if you are unhappy with the product
- Please note for the 30 Day Money Back Guarantee to apply the original order/receipt sent with the product must sent back with the unused product and any free gift that was included in your purchase must also be returned.
- If products purchased are faulty we will replace them or refund your monies.
- 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.
Rewards Program for www.healthymummy.com
- All users that create a Healthy Mummy account will automatically start earning points on their purchases, at the rate as determined by The Healthy Mummy.
- The rate of earning Healthy Mummy rewards points may change at the discretion of The Healthy Mummy without prior notice being provided to the account holder
- The Healthy Mummy reserves the right to remove points from a user’s account if The Healthy Mummy deems that these points were earned in error.
- The Healthy Mummy reserves the right to cancel the Rewards Program and all current pending rewards points or change the redemption value of Healthy Mummy reward points without prior notice being provided to the account holder
- The Healthy Mummy reserves the right to change the minimum values of earning points and redeeming points without prior notice being provided to the account holder
- Reward Points expire after 12 months
- A minimum order value of $50 is required before Reward Points can be applied to the cart
Sitewide Sales Policy
Sitewide Sales are not to be used in conjunction with any other offer, available on mail orders, not available on packs or bundle, not available for already discounted products.
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):
- 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
- 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.