Terms of Service

Disclaimer

Welcome to our website. By continuing to browse and use this site, you agree to adhere to the following disclaimer, in conjunction with our terms and conditions of use.

The information provided on this website is for general informational purposes only and is furnished by The Breast Help. While we strive to maintain the accuracy and timeliness of the information, we make no representations or warranties, whether express or implied, about the completeness, accuracy, reliability, suitability, or availability concerning the website or the information, products, services, or related graphics contained on the website for any purpose. Your reliance on such information is entirely at your own risk. It is essential to conduct your own inquiries to ascertain the appropriateness of the information or products for your intended use.

Under no circumstances will we be liable for any loss or damage, including but not limited to indirect or consequential loss or damage, or any loss or damage whatsoever arising from the loss of data or profits due to the use of this website.

While this website may provide links to other websites not under the control of The Breast Help, we have no authority over the nature, content, and availability of those websites. The inclusion of any links does not necessarily indicate a recommendation or endorsement of the views expressed within them.

Every effort is exerted to maintain the website's smooth operation. However, The Breast Help assumes no responsibility and will not be liable for any temporary unavailability of the website due to technical issues beyond our control.

COPYRIGHT NOTICE

Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following. You may print or download contents to a local hard disk for your personal and non-commercial use only. You may copy some extracts only to individual third parties for their personal use, but only if you acknowledge the website as the source of the material.

You may not, except with our express written permission, distribute or commercially exploit the content. You may not transmit it or store it on any other website or other form of electronic retrieval system.

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

By using this website, you signify your acceptance of these terms and conditions of use. For the purposes of these terms and conditions, “Us”, “Our” and “We” refers to The Breast Help and “You” and “Your” refers to you, the client, visitor, website user or person using our website.

AMENDMENT OF TERMS

We reserve the right to change, modify, add or remove portions of these terms at any time. Please check these terms regularly prior to using our website to ensure you are aware of any changes. We will endeavour to highlight any significant or substantive changes to you where possible. If you choose to use our website then we will regard that use as conclusive evidence of your agreement and acceptance that these terms govern your and The Breast Help’s rights and obligations to each other.

LIMITATION OF LIABILITY

Prior to utilizing our website, it is imperative that you acknowledge and agree that The Breast Help holds no legal responsibility for any potential loss or damage you may incur in connection with your website usage. This encompasses errors or omissions in our documents or information, any goods or services we may provide, or any other utilization of the website. Such instances include your reliance on third-party content, links, comments, or advertisements. The use of, or reliance on, any information or materials on this website is entirely at your own risk, and we shall not be held liable.

You are accountable for ensuring that any products, services, or information obtained through this website align with your specific, personal requirements. Recognizing that such information and materials may contain inaccuracies or errors, we explicitly disclaim liability for any such inaccuracies or errors to the maximum extent permitted by law.

COMPETITION AND CONSUMER ACT

For the purposes of Schedule 2 of the Australian Consumer Law, in particular Sections 51 to 53, 64 and 64A of Part 3-2, Division 1, Subdivision A of the Competition and Consumer Act 2010 (Cth), www.thebreasthelp.com.au’s liability for any breach of a term of this agreement is limited to: the supplying of the goods or services to you again; the replacement of the goods; or the payment of the cost of having the goods or services supplied to you again.

You must be over 18 years of age to use this website and to purchase any goods or services.

BREAST PUMP INFORMATION

New Spectra breast pumps come with a 2-year warranty through Spectra Australia (valid from the date the new pump is received) - warranty claims must be made through their website (www.spectra-baby.com.au/warranty). The Breast Help does not have the facilities to assess warranty claims. Rental breast pumps that stop working will be replaced as soon as possible but may be limited by availability of rental breast pumps. Refunds for breast pumps is done at the sole discretion of The Breast Help. Delivery of the breast pumps is offered, but not guaranteed. Rental breast pumps will be replaced with new pumps once the full amount has been paid, or as requested by the renter and the balance paid. Delivery to swap pumps is also not guaranteed. If you require more information about a service or product, please contact The Breast Help before placing an order or booking.

The new Spectra breast pumps are backed by a 2-year warranty provided by Spectra Australia, starting from the date of receipt of the pump. To initiate warranty claims, individuals should visit the Spectra Australia website at www.spectra-baby.com.au/warranty. It's important to note that The Breast Help lacks the capability to evaluate warranty claims.

In the case of rental breast pumps that malfunction, replacements will be arranged promptly, although availability may impose limitations. The discretion to issue refunds for breast pumps rests solely with The Breast Help.

While delivery options for breast pumps are available, they are not guaranteed. Replacement of rental breast pumps with new ones will occur upon full payment or as specified by the renter after settling the balance. However, the delivery for pump exchanges is not assured.

For additional details about a specific service or product, it is advisable to contact The Breast Help before making any orders or bookings.

DELIVERY OF GOODS

Physical goods may be delivered by Australia Post and/or other reputable courier companies. Deliveries are processed promptly upon receipt of full payment. Delivery may take between 2 and 14 days, depending on the delivery option. Damaged or lost orders should be resolved with Australia Post or the courier company directly and we are not responsible for goods that are damaged in transit or not received. Replacement of damaged or lost items is made at the discretion of www.thebreasthelp.com.au.

Digital goods are delivered immediately. Please be aware there are inherent risks associated with downloading any software and digital goods. Should you have any technical problems downloading any of our goods, please contact us so we may try to assist you.

RETURNS AND REFUNDS

The Breast Help handles returns and processes refunds in accordance with the Australian Consumer Protection legislation.

Should you wish to return your order, please notify us within 7 days of purchase with a valid reason for return. If we are unable to resolve your complaint or further assist you, we will process a refund upon timely receipt of the goods purchased. Unopened goods will be refunded in full. Refunds will be processed promptly and payment made by the same method that you made payment. All refunds are made at the discretion of The Breast Help.

LINKS TO OTHER WEBSITES

www.thebreasthelp.com.au may from time to time provide on its website, links to other websites, advertisements and information on those websites for your convenience. This does not necessarily imply sponsorship, endorsement, or approval or arrangement between www.thebreasthelp.com.au and the owners of those websites. The Breast Help takes no responsibility for any of the content found on the linked websites.

The Breast Help’s website may contain information or advertisements provided by third parties for which The Breast Help accepts no responsibility whatsoever for any information or advice provided to you directly by third parties. We are making a ‘recommendation’ only and are not providing any advice nor do we take any responsibility for any advice received in this regard.

DISCLAIMER

To the fullest extent permitted by law, The Breast Help absolutely disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose. www.thebreasthelp.com.au gives no warranty that the documents, goods or services will be free of errors, or that defects will be corrected, or that our website or its server is free of viruses or any other harmful components.

Whilst we, at all times endeavour to have the most accurate, reliable and up-to-date information on our website, we do not warrant or make any representations regarding the use or the result of the use of any document, product, service, link or information in its website or as to their correctness, suitability, accuracy, reliability, or otherwise.

It is your sole responsibility and not the responsibility of The Breast Help to bear any and all costs of servicing, repairs, or correction. The applicable law in your state or territory may not permit these exclusions, particularly the exclusions of some implied warranties. Some of the above may not apply to you but you must ensure you are aware of any risk you may be taking by using this website or any products or services that may be offered through it. It is your responsibility to do so.

YOUR PRIVACY

At The Breast Help, we are committed to protecting your privacy. We use the information we collect about you to maximise the services that we provide to you. We respect the privacy and confidentiality of the information provided by you and adhere to the Australian Privacy Principles. Please read our separate Privacy Policy carefully.

You may change your details at any time by advising us in writing via email. All information we receive from our customers is protected by our secure servers. The Breast Help’s secure server software encrypts all customer information before it is sent to us. Furthermore, all customer data collected is secured against unauthorised use or access. Credit card information is not stored by us on our servers.

THIRD PARTIES

We do not and will not sell or deal in personal or customer information. We may however use in a general sense without any reference to your name, your information to create marketing statistics, identify user demands and assist in meeting customer needs generally. In addition, we may use the information that you provide to improve our website and services but not for any other use.

DISCLOSURE OF INFORMATION

The Breast Help may be required, in certain circumstances, to disclose information in good faith and where The Breast Help is required to do so in the following circumstances: by law or by any court; to enforce the terms of any of our customer agreements; or to protect the rights, property or safety of our customers or third parties.

EXCLUSION OF COMPETITORS

If you are in the business of creating similar documents, goods or services for the purpose of providing them for a fee to users, whether they be business users or domestic users, then you are a competitor of The Breast Help. The Breast Help expressly excludes and does not permit you to use or access our website, to download any documents or information from its website or obtain any such documents or information through a third party. If you breach this term then The Breast Help will hold you fully responsible for any loss that we may sustain and further hold you accountable for all profits that you might make from such unpermitted and improper use. The Breast Help reserves the right to exclude and deny any person access to our website, services or information in our sole discretion.

COPYRIGHT, TRADEMARK AND RESTRICTIONS OF USE

This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, trademarks and graphics. You are not permitted to reproduce the documents, information or materials on the website for the purposes of sale or the use by any third party. In particular you are not permitted to republish, upload, transmit electronically or otherwise or distribute any of the materials, documents or products that may be available for download from time to time on this website.

The Breast Help expressly reserves all copyright and trademark in all documents, information and materials on our website and we reserve the right to take action against you if you breach any of these terms.

Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following: you may print or download to a local hard disk extracts for your personal and non-commercial use only; and you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material.

You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.

WHOLE AGREEMENT

These terms and conditions represent the whole agreement between you and The Breast Help concerning your use and access to www.thebreasthelp.com.au’s website and your use and access to the documents and information on it. No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.

EXCLUSION OF UNENFORCEABLE TERMS

Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.

JURISDICTION

This agreement and this website are subject to the laws of New South Wales and Australia. If there is a dispute between you and The Breast Help that results in litigation, then you must submit to the jurisdiction of the courts of New South Wales.