Terms & Conditions

MILK MAMA PTY LTD

GENERAL TERMS AND CONDITIONS

1. DEFINITIONS

In these Terms and Conditions:-

(a) “Australian Consumer Law” means the law as set out in Schedule 2 of the Competition and

Consumer Act 2010.

(b) “Contract” means a contract for sale by Milk Mama to the Customer of the Goods

incorporating these Terms and Conditions.

(c) “Consumer Contract” means a contract for the acquisition of goods or services as a

'consumer' as defined in section 3 of the Australian Consumer Law.

(d) “Customer” means you, the person or entity that purchases the Goods from Milk Mama, as

specified in the Order and/or the Tax Invoice.

(e) “Goods” means any products, goods, ingredients or materials, as advertised on the Website,

to be supplied by Milk Mama to the Customer subject to these Terms and Conditions.

(f) “Milk Mama” means Milk Mama Pty Ltd (ACN 611 307 950)

(g) “Order” means the order placed by the Customer for the purchase of Goods via the Website

or any other means.

(h) “Place of Delivery” means the place provided by the Customer at the time of placing the

Order and agreed to by Milk Mama for delivery of the Goods.

(i) “Tax Invoice” means the invoice provided to the Customer, following the placement of an

Order, for payment by the Customer prior to dispatch and delivery of the Goods.

(j) “Website” means the website with domain name www.milkmama.com.au owned by Milk

Mama.

2. FORMATION OF CONTRACT

2.1 No Contract comes into existence until the Order placed by the Customer has been accepted by

Milk Mama. The Contract is deemed to be concluded upon payment being received by Milk

Mama from the Customer and the Goods being accepted by the Customer following dispatch and

delivery. The Customer warrants that it is buying for its own use only and not for re-sale

purposes.

2.2 The Goods sold by Milk Mama are subject to these Terms and Conditions to the exclusion of any

other terms and conditions stipulated or referred to by the Customer. The Customer acknowledges

that it is aware of the contents of, and agrees to be bound by, these Terms and Conditions. The

acceptance of the products by the Customer is deemed to incorporate acceptance of these Terms

and Conditions. Neither Milk Mama’s acknowledgement of an Order nor its failure to object to

conflicting, different, or additional terms and conditions in an Order will be deemed an

acceptance of such terms and conditions or a waiver of the provisions.

3. ORDERS, PRICING AND PAYMENT

3.1 Pricing quoted or offered by Milk Mama are subject to change without prior notice and may be

withdrawn, or altered, prior to acceptance at any time without prior notice.

3.2 In an event where prices have increased during the ordering process or after payment has been

made by the Customer, but before the Goods have been dispatched, Milk Mama may request

the difference in payment for the increase in prices. The Customer may cancel the Order by

giving Milk Mama written notice up to seven (7) days after Milk Mama has notified the

Customer of the increase in price.

3.3 Payment for the Goods must be made in full after the provision of a Tax Invoice and before the

dispatch and delivery of the Goods. Payment shall be made in accordance with the payment

terms set out on the Tax Invoice provided to the Customer.

3.4 Milk Mama accepts payments by direct deposit, internet transfer, PayPal or credit cards

(excluding AMEX). Credit card payments incur the following surcharges:

3.4.1 VISA and MASTERCARD - 2%;

3.4.2 PayPal – 1.5%.

3.5 The Customer will pay for all applicable shipping and handling charges. These charges will be

disclosed to the Customer at the time of placement of the Order and incorporated in the Tax

Invoice for payment by the Customer prior to dispatch and delivery.

3.6 The Customer agrees to pay all taxes, duties, exchange rates and import costs of every kind in

respect of the sale of the Goods. If GST applies to any supplies by Milk Mama, the Customer

must pay an additional amount by way of GST payable on supply at the time that payment for

the supply is to be made under these Terms and Conditions, and Milk Mama will issue a tax

invoice to the Customer in respect of the supply. Terms used in this clause have the same

meaning as in the A New Tax System (Goods and Service Tax) Act 1999 (Commonwealth). In

the event of changes in exchange rates, taxes, duties or import costs, Milk Mama reserves the

right at any time between the time of order and the time of delivery to increase or decrease it’s

selling price for such Goods accordingly.

3.7 Time for payment is of the essence. Milk Mama reserves the right to cancel any Order and offer

the ordered Goods for sale to the other consumers in the event that payment is not made within

fourteen (14) days after the provision of the Tax Invoice by Milk Mama to the Customer.

4. CANCELLATION AND RETURNS

4.1 A request to cancel or vary an Order by the Customer prior to delivery of the Goods must be

received by Milk Mama in writing before dispatch and will be subject to payment of a

cancellation (administration) fee of 10% of the value of the Order.

4.2 Milk Mama does not accept any returns of the Goods unless they are faulty, defective, not fit

for their intended purpose or of unacceptable quality (through no fault of the Customer). Only

in these circumstances will Milk Mama offer an exchange or refund.

5. TITLE AND RISK

5.1 Title and risk in the Goods passes to the Customer upon full payment and delivery of the Goods

to the Customer.

6. DELIVERY

6.1 Milk Mama will use its best endeavours to deliver the Goods, following payment in full, within

three (3) business days (“the estimated delivery date”) to the Place of Delivery. The estimated

delivery date is intended to be a good faith estimate of the time of the delivery and will not

form part of the Contract. Actual delivery date will be affected by factors such as clearance of

payment, the Customer's location and the availability of the Goods at the time of the Order.

Milk Mama will not be liable for any delay in delivery of the Goods, howsoever caused.

6.2 The Customer may cancel an Order for Goods purchased under a Consumer Contract if Milk

Mama is unable to deliver the Goods within a reasonable period from the estimated delivery

date.

6.3 Milk Mama is not responsible for any loss or damage to Goods incurred during the delivery or

shipment of the Goods. However, where appropriate, Milk Mama agrees to provide the

Customer with such assistance as may be necessary in support of a claim against a transport

carrier provided that the Customer has notified Milk Mama and the transport carrier in writing

immediately if any such loss or damage is discovered following the delivery of products and

lodges a claim on the transport carrier within three (3) business days of the date of delivery.

7. ACCEPTANCE OF GOODS

7.1 Unless the Customer notifies Milk Mama to the contrary in writing within three (3) days from

the date of delivery, the Goods will be deemed to have been accepted by the Customer. Milk

Mama shall not accept claims for shortages in delivery of Goods after this time.

7.2 Nothing in clause 7.1 affects the Customer's right to claim under the Australian Consumer Law

against Milk Mama for a goods that are faulty, defective, not fit for their intended purpose or of

unacceptable quality.

7.3 Once the Goods have been accepted by the Customer, the Customer agrees not to use the

Goods in any way other than intended and/or specified, nor for any purpose other than their

intended use.

7.4 To the extent deemed necessary, nothing in these Terms and Conditions shall be construed as

granting any right, title or interest in any of Milk Mama’s patents, designs, trademarks, trade

secrets, Website, knowhow or other intellectual property rights in relation to the Goods or

otherwise (“Intellectual Property Rights”). All Intellectual Property Rights shall be the sole and

exclusive property at all times of Milk Mama, and cannot be used or exploited by the Customer

for any reason whatsoever.

7.5 The Intellectual Property Rights in all software and content made available to the Customer on

or through the Website remains the property of Milk Mama and is protected by copyright laws

and treaties. The Customer may store, print and display the content supplied solely for his or

her own personal use, and is not permitted to publish, manipulate, distribute or otherwise

reproduce, in any format, any of the content or copies of the content which appears on the

Website, nor may the Customer use any such content in connection with any business.

7.6 Milk Mama has a policy of on-going product update and revision. As a result, Milk Mama may

revise and/or discontinue products at any time without notice.

8. CONSUMER GUARANTEES

8.1 The Goods come with consumer guarantees that cannot be excluded, restricted or modified

under the Australian Consumer Law.

8.2 Nothing in these Terms and Conditions shall be read or applied so as to exclude, restrict or

modify or have the effect of excluding, restricting or modifying any condition, warranty,

guarantee, right or remedy implied by law, as set out in the Australian Consumer Law.

9. LIMITATION OF LIABILITY

9.1 The material displayed on the Website is provided without any guarantees, conditions or

warranties as to its accuracy, and the Customer acknowledges that the Goods may not be

suitable for all persons and work differently from person to person.

9.2 Milk Mama provides no guarantee that the consumption of the Goods would result in an

increase in breast milk supply, and there are a number of other factors that may contribute to

increased supply, including but limited to, adequate rest, drinking water and healthy eating.

However, the primary ingredients in these Goods (oats, brewer’s yeast and flaxseeds) have

been known to promote and boost breast milk supply, and it is important for the Customer to

visit their medical practitioner if other factors are contributing to low breast milk production.

9.3 Milk Mama will not be liable in contract or in tort for any loss or damage suffered and the

Customer's rights are limited to those set out in these Terms and Conditions and under statute.

9.4 For goods and services which are not supplied under a Consumer Contract, Milk Mama’s total

liability in respect of each event or series of connected events will not exceed the total price

paid for the purchase of Goods and/or services under these Terms and Conditions.

9.5 The Customer will indemnify Milk Mama and keep Milk Mama fully and effectively

indemnified against any loss of or damage to any property or injury to or death of any persons

caused by any negligent act or omission or wilful misconduct of the Customer, its employees,

agents or sub-contractors or by any breach of its contractual obligations arising out of these

Terms and Conditions.

9.6 Milk Mama and the Customer agree that Milk Mama's liability:

9.6.1 is governed solely by the Australian Consumer Law; and

9.6.2 to the extent permitted by law, does not extend to any incidental, indirect, special or

consequential loss or damages arising out of or in connection with the purchase, use or

performance of Goods or services, even if Milk Mama has been advised of their

possibility.

9.7 In relation to goods or services supplied under a Consumer Contract that are not of a kind

ordinarily acquired for personal, domestic or household use or consumption, Milk Mama's

liability for breach of a guarantee implied into a Contract which cannot lawfully be excluded is

limited, at Milk Mama's option, to the replacement of the Goods or the supply of equivalent

Goods or the payment of the cost of replacing the Goods.

9.8 To the extent permitted by law, any typographical, clerical or other error or omission in sales

literature, quotation, price list, acceptance of offer, invoice or other documents or information

issued by Milk Mama will be subject to correction without any liability on the part of Milk

Mama.

10. FOOD ALLERGY DISCLAIMER

10.1 The Customer acknowledges that he or she has, prior to placing an Order, read the ingredients

contained in the Goods as set out on the Website, and undertakes to become familiar with the

ingredients as set out on the nutrition labels once the Goods are delivered to, and accepted by,

the Customer.

10.2 Milk Mama recommends for the Customer to consult with his or her medical specialist before

placing an Order and consuming any of the Goods sold by Milk Mama, particularly if the

Customer has any known medical conditions, food intolerances or allergies.

10.3 Milk Mama will not, for any reason whatsoever, be liable in contract or in tort for any loss or

damage suffered as a result of adverse reactions to food consumed or items that the Customer

may come in contact with while consuming any of Milk Mama’s Goods.

11. FORCE MAJEURE

11.1 Neither party will be liable for any delay in performing any of its obligations under these Terms

and Conditions if such delay is caused by circumstances beyond the reasonable control of the

party so delaying, and such party will be entitled to a reasonable extension of time for the

performance of such obligations.

12. GOVERNING LAW

12.1 These Terms and Conditions are governed by and construed in accordance with the laws of

Victoria and are subject to the non-exclusive jurisdiction of the courts of Victoria.

13. GENERAL

13.1 The Customer must not assign or otherwise transfer any Contracts or any of its rights and

obligations under these Terms and Conditions whether in whole or in part without the prior

written consent of Milk Mama. Any such unauthorised assignment will be deemed null and

void.

13.2 If any provision of these Terms and Conditions is held by any competent authority to be invalid

or unenforceable in whole or in part, such provision shall be deemed severable and the validity

of the other provisions of these Terms and Conditions and the remainder of the provisions in

question will not be affected.

13.3 No failure or delay on Milk Mama's part in exercising any power or right under these Terms

and Conditions operates as a waiver, nor does any single or partial exercise of any power or

right preclude any other or further exercise, or the exercise of any other power or right.