Terms & Conditions for Birthing You : Thriving in Your Matrescence Digital and Group Program
Last Updated: July 1, 2025
Operated by: Our Wonderhood
ABN: 46 927 601 880
Location of Operation: New South Wales, Australia
Governing Law: These Terms & Conditions are governed by the laws of New South Wales, Australia, and the Australian Consumer Law (ACL).
1. Introduction and Acceptance of Terms
Welcome to the Birthing You : Thriving in Your Matrescence Digital Program (the "Program"), operated by Our Wonderhood ("we," "us," or "our").
These Terms & Conditions ("Terms") govern your access to and use of the Program, including all content, features, and services provided through our website ourwonderhood.com (the "Website").
By purchasing, accessing, or using the Program, you signify your unreserved acceptance of these Terms, as well as our Privacy Policy, which is incorporated into these Terms by reference. If you do not agree to these Terms, you must not purchase, access, or use the Program.
2. Definitions
"Program": Refers to the online matrescence program, including all digital content (videos, PDFs, worksheets), pre-recorded lessons, optional live group coaching sessions, and downloadable resources.
"Content": Refers to all materials within the Program, including but not limited to videos, audio, text, images, graphics, documents, and any other intellectual property.
"User" / "Participant" / "You": Refers to any individual who purchases, accesses, or uses the Program.
"Service Provider": Refers to Our Wonderhood.
"Website": Refers to ourwonderhood.com through which the Program is sold and accessed.
"Intellectual Property Rights": Means all intellectual property rights including, but not limited to, copyright, trademarks, patents, designs, and know-how, whether registered or unregistered.
3. Program Access and Intellectual Property
3.1 Grant of License: Upon successful purchase and payment, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Program and its Content solely for your personal, non-commercial educational and personal development purposes. This license does not grant you any ownership rights to the Program or its Content.
3.2 Access Delivery: You will receive access to the digital Program via a secure online platform. Details for accessing the Program will be provided upon confirmation of your purchase.
3.3 Personal Use Only: Your access to the Program is personal to you and is non-transferable. You must not share your login details, passwords, or any Program Content with any other person.
3.4 Intellectual Property Ownership: All Content, including but not limited to all videos, PDFs, worksheets, audio recordings, text, graphics, and the overall design and compilation of the Program, are and will remain the exclusive property of Our Wonderhood or its licensors. The Program and its Content are protected by copyright, trademark, and other laws of both Australia and foreign countries.
3.5 Prohibited Uses: You agree not to:
(a) Copy, modify, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any purpose without our prior written consent.
(b) Use the Content for any commercial purpose.
(c) Remove any copyright, trademark, or other proprietary notices from any portion of the Content.
(d) Attempt to reverse engineer, decompile, or disassemble any software or code used in connection with the Program.
(e) Share your unique access links, login credentials, or any part of the Program with anyone else.
(f) Engage in any activity that interferes with or disrupts the Program or the servers and networks connected to the Program.
3.6 Breach of IP: Any breach of this Clause 3 will result in immediate termination of your access to the Program without refund, and we reserve the right to pursue all available legal remedies for such breaches.
3.7 Program Access Duration (Lifetime Access Definition)
3.7.1 Definition of "Lifetime Access": Where the Program is advertised as providing "Lifetime Access," this term refers to the lifetime of the Program itself, specifically the period during which the Service Provider chooses to maintain, host, and support the Program and its digital platform.
3.7.2 Program Discontinuation: We reserve the right, at our sole discretion, to discontinue the Program, its supporting platform, or any associated features at any time.
3.7.3 Notice of Termination: In the event that the Program is permanently discontinued, access to the Program and its Content will cease. We will endeavour to provide Participants with at least 30 days advance written notice of such discontinuation. During this notice period, we will offer Participants the opportunity to download any applicable resources or materials for their personal use, where technically feasible.
3.7.4 Limitation of Liability: Participants acknowledge and agree that upon the permanent discontinuation of the Program in accordance with this clause, the Service Provider shall not be liable for any claims, losses, or damages arising from the termination of access, except as may be required under the Australian Consumer Law (ACL).
4. Payment Terms and Refund Policy
4.1 Payment: All prices for the Program are displayed on our Website and are in Australian Dollars (AUD) unless otherwise specified. Payment must be made in full at the time of purchase, or via an agreed payment plan as offered on the Website.
4.2 Payment Plans: If you opt for a payment plan, you agree to make all scheduled payments on time. Failure to make payments may result in the suspension or termination of your access to the Program and any associated services, without refund of payments already made. Access will be reinstated upon full payment of any outstanding amounts.
4.3 Refund Policy (Change of Mind):
(a) Due to the digital nature of the Program, we offer a limited refund window for "change of mind" requests as follows:
(i) You are eligible for a refund if you submit a written refund request within seven (7) calendar days of your purchase AND you have not progressed beyond Module 2 of the digital course OR activated the accompanying resources for Module 3 or beyond.
(ii) Once you complete Module 2, activate any accompanying resources for Module 3 or beyond, or more than seven (7) calendar days have passed since your purchase (whichever occurs earliest), you are no longer entitled to a refund for "change of mind.”
(b) For participants who have purchased the optional Live Group Coaching sessions:
(i) The refund policy in 4.3(a) applies only to the digital course content.
(ii) The portion of your payment specifically allocated to Live Group Coaching sessions is non-refundable if you withdraw within two (2) calendar days of the first scheduled Live Group Coaching session, due to the limited availability and preparation involved in these sessions.
(c) Refunds will generally not be provided for reasons such as change of mind, lack of time to complete the course, or dissatisfaction with personal results, except as required by the Australian Consumer Law.
4.4 Refunds Under Australian Consumer Law (ACL): Nothing in this Clause 4 or these Terms is intended to exclude, restrict, or modify any rights or remedies a User may have under the Australian Consumer Law (ACL) as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth). If the Program has a major failure (as defined by the ACL), you are entitled to a refund or other remedy. If the Program has a minor failure that can be remedied, we will remedy the failure within a reasonable time. If it is not remedied, you are entitled to a refund or other remedy. You may be entitled to a refund if:
(a) The Program is not of acceptable quality (e.g., faulty access, significant technical issues making it unusable).
(b) The Program is not fit for a purpose that you made known to us.
(c) The Program does not match the description provided.
(d) We have failed to meet a consumer guarantee under the ACL that cannot be excluded. If you believe you are entitled to a refund under the ACL, please contact us promptly at [email protected] to discuss your concerns. We will assess your claim in accordance with our obligations under the ACL.
4.5 Refund Process: If refund conditions are met, please contact us promptly at [email protected]. Approved refunds will be processed within a reasonable timeframe (typically 10-14 business days) to the original payment method used for the purchase.
5. Disclaimers and Limitation of Liability
5.1 Educational Purposes Only: The Program is provided for educational and personal development purposes only. It is not intended to be, and should not be used as, a substitute for professional medical, psychological, therapeutic, legal, financial, or any other professional advice. You should consult with an appropriate professional for any specific concerns or questions you may have.
5.2 No Guarantees of Outcome: While we strive to provide valuable content, we make no guarantees regarding the specific outcomes, results, or benefits you may achieve from participating in the Program. Testimonials or examples provided on our Website or within the Program are illustrative only and are not a guarantee that you will experience similar results. Your individual success depends on various factors, including your personal effort, circumstances, and commitment.
5.3 "As Is" Basis: The Program and all Content are provided on an "as is" and "as available" basis, without any warranties or conditions of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement, except where such warranties cannot be excluded under the ACL. We do not warrant that the Program will be uninterrupted, error-free, or free of viruses or other harmful components.
5.4 Limitation of Liability:
(a) To the maximum extent permitted by law, we (and our employees, agents, and contractors) shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including but not limited to, loss of profits, data, use, goodwill, or other intangible losses, resulting from:
(i) Your access to or use of, or inability to access or use, the Program.
(ii) Any conduct or content of any third party on the Program.
(iii) Any content obtained from the Program.
(iv) Unauthorised access, use, or alteration of your transmissions or content.
(v) Any reliance placed on the information contained in the Program.
(vi) Any injury, loss, or damage arising directly or indirectly from your participation in or reliance on the Program.
(b) Our total aggregate liability to you for any claims arising out of or in connection with these Terms or your use of the Program shall not exceed the amount you paid for the Program, except where liability cannot be limited or excluded under the ACL.
(c) We are not liable for any acts or omissions of third-party service providers (e.g., payment gateways, hosting platforms) that are not under our direct control.
6. User Obligations and Community Conduct
6.1 Eligibility: You must be at least eighteen (18) years of age to purchase and participate in the Program. By purchasing the Program, you confirm that you meet this age requirement.
6.2 Personal Responsibility: You agree to take full personal responsibility for your use of the Program and the application of any information or techniques learned. You acknowledge that your success and results depend on your own efforts, motivation, and external factors beyond our control.
6.3 Community Guidelines: If the Program includes features such as live group coaching sessions or community forums, you agree to adhere to our Community Guidelines, which are designed to foster a respectful and supportive environment. Prohibited conduct includes, but is not limited to:
(a) Harassment, bullying, or disrespectful behaviour towards other participants or us.
(b) Posting or sharing offensive, defamatory, obscene, or illegal content.
(c) Spamming or promotional activities unrelated to the Program.
(d) Sharing personal information of others without their consent.
6.4 Right to Remove Users: We reserve the right to monitor interactions within the Program and, at our sole discretion, to remove or terminate the access of any User who breaches these Terms or the Community Guidelines, without refund.
6.5 User-Generated Content: If you contribute any content (e.g., comments, questions, discussions) within the Program (e.g., during live sessions or forums), you grant us a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content in any media. You represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to grant this license.
7. Privacy and Data Protection
Your privacy is important to us. Our collection, use, disclosure, and handling of your personal information are governed by our separate Privacy Policy, which is available at https://ourwonderhood.com/privacy-policy. By using the Program, you acknowledge and agree to the terms of our Privacy Policy. We comply with Australian privacy laws, including the Australian Privacy Principles (APPs), where applicable.
8. Governing Law and Dispute Resolution
8.1 Governing Law: These Terms shall be governed by and construed in accordance with the laws of New South Wales, Australia, without regard to its conflict of law provisions.
8.2 Dispute Resolution:
(a) Initial Resolution: In the event of any dispute or claim arising out of or relating to these Terms or the Program, you agree to first contact us at [email protected] to attempt to resolve the dispute informally through good faith negotiation.
(b) Mediation: If the dispute cannot be resolved informally within a reasonable period (e.g., 30 days), both parties agree to consider participating in non-binding mediation with a mutually agreed-upon mediator before resorting to litigation, unless required by law.
(c) Jurisdiction: Any legal action or proceeding arising out of or relating to these Terms or the Program shall be brought exclusively in the courts of New South Wales, Australia, and you hereby consent to the jurisdiction of such courts.
9. General Clauses
9.1 Amendments to Terms: We reserve the right to modify or replace these Terms at any time. If a revision is material, we will provide at least [e.g., 30 days'] notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. Your continued use of the Program after any such changes constitutes your acceptance of the new Terms.
9.2 Severability: If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
9.3 Waiver: No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
9.4 Entire Agreement: These Terms, together with our Privacy Policy and any other policies or guidelines referenced herein, constitute the entire agreement between you and us regarding the Program and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral.
9.5 Force Majeure: We will not be liable for any delay or failure to perform our obligations under these Terms if such delay or failure is caused by events beyond our reasonable control, including but not limited to acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labour, or materials.
9.6 Termination: We may terminate or suspend your access to the Program immediately, without prior notice or liability, if you breach these Terms. Upon termination, your right to use the Program will immediately cease. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
By purchasing and accessing the Birthing You Digital Program, you acknowledge that you have read, understood, and agree to be bound by these Terms & Conditions.
Last Updated: July 1, 2025
Trina Toh
Our Wonderhood