Terms and Conditions

1. Definitions
   (a) In this Agreement, the following defined terms have the following meaning:
   (i) Agreement means these terms and conditions.
   (ii) Inspired Mumma or Us or Our means Inspired Mumma Pty Ltd ACN 634 850 632.
    (iii) Services means the services to be provided by Inspired Mumma from time to time as per your order, including the following: i. subscription to the Inspired Mumma App; and ii. the Program. (iv) Inspired Mumma App means the application, software, platform application tools provided by Us to You. (v) Program means the Inspired Mumma Acceleration Program, being a 12-week one-on-one online coaching program. (vi) Resources means any Resources provided by Us to You in accordance with the Services or otherwise purchased from Our website or through the Inspired Mumma App. (vii) You and Your means the person, company or other legal entity purchasing the Services and the Resources. 
2. Inspired Mumma accounts
(a) To use and access our Services or purchase Resources, you must set up an account with Inspired Mumma. (b) You must provide a current email address as this will be Our main form of communication with You. (c) You must ensure that You: (i) do not share your account details with any other person. Unauthorised sharing of Your account may result in your account being suspended with no refund; (ii) maintain the security and the confidentiality of Your login credentials. Inspired Mumma will not be responsible for any issues or disputes that arise as a result of your failure to maintain the security of your login credentials. You are responsible and liable for all uses of the Services, Inspired Mumma App and the Resources through access provided by You directly or indirectly or through use of Your login credentials; (iii) notify us immediately if you become aware that Your account or login credentials is being used without authorisation; (iv) immediately notify Inspired Mumma if you suspect any unauthorised use of your account or any other breach of security; and (v) ensure that you exit from Your account at the end of each session. (d) You acknowledge, agree and understand that: (i) you are responsible for maintaining the confidentiality of your account, username and password; (ii) inspired Mumma is not responsible for any loss or damage arising from the theft or misappropriation of your username and password; and (iii) you are fully responsible for all activities that occur under your username and password, including the purchase of any of our paid Services or Resources. (e) To the fullest extent permitted by law, We may track your IP address and Device ID to ensure that Your account details are not shared. 
3. Term
(a) You may terminate this Agreement at any time by giving Us written notice that You would like to terminate this agreement and our Services. (b) We may, at our sole discretion, immediately terminate, suspend or deny you access to Your account and our Services in accordance with this Agreement. (c) If this Agreement is terminated for any reason: (i) you will be charged a prorata rate for any Services provided up to the date of the termination; (ii) any licenses granted in accordance with this Agreement will also terminate, and you must cease using the Inspired Mumma App, the Services and the Resources. Any termination of this Agreement will not affect Your obligation to pay any Fees due and owing under this Agreement; and (iii) You acknowledge and agree that Inspired Mumma will retain any data and Resources as legally required. 
4. Discount codes
(a) We may, from time to time, offer discount codes and promotions. Discount codes can only be used at the time of purchase only. We do not accept the application of the discount code after You have already made a purchase. (b) Discount codes are limited to one use per user, and can only be redeemed through the Inspired Mumma website. (c) No discount codes or coupons will apply to already discounted purchases. 
5. General payment terms
(a) You will receive an invoice via your nominated email address. (b) All Fees payable by You under this Agreement are exclusive of taxes, duties, charges imposed or levied in Australia or overseas in connection with the performance of this Agreement. You are responsible for all sales, use, and excise taxes, and any other similar taxes, duties and charges of any kind imposed by any federal, state, or local governmental or regulatory authority on any amounts payable by You hereunder (other than taxes imposed on Inspired Mumma's income) including any new taxes, duties or charges imposed subsequent to the date of this Agreement in respect of the Services. (c) If You request, and Inspired Mumma agrees to do anything not expressly provided for in this Agreement, Inspired Mumma will impose additional charges. (d) Any payment which is overdue for 14 days will be charged interest. Any interest payable on any amount due under this Agreement will be payable at the rate of 10% accrued daily. (e) In the event that You remove or cancel your credit card or there are insufficient funds from Your account, We will immediately charge You for, and/or send an invoice for, Services rendered to that date, prorated accordingly and we will suspend Your account. (f) You authorize Us to provide your payment information to third party service providers so we can complete your transaction and you agree (a) to pay the applicable fees and any taxes; (b) that Calm may charge your credit card or third party payment processing account, including, but not limited to, your account with the app store or distribution platform (like the Apple App Store, Google Play or the Amazon Appstore) where the App is made available, for verification, pre-authorisation and payment purposes (g) In the event there are any issues with Your nominated credit card, we will disable and suspend your account immediately and We will contact You via email to resolve the issue. 
6. Your obligations
(a) You agree that you will not, nor will you attempt to: (i) copy, modify, translate, or create a derivative work of the Inspired Mumma App, Services or Resources or allow a third party to do the same; (ii) reverse engineer, decompile, dissemble or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how or algorithms relevant to the Services or any software, Resources or data related to the Services or Inspired Mumma App; (iii) assign or transfer any right in or access to the Services, Inspired Mumma App or any other Resources available via the Services without Our prior written permission; (iv) use the Services, Inspired Mumma App or Resources for illegal purposes; (v) attempt to gain unauthorised access to the Services, Inspired Mumma App, other accounts, computer systems, or networks connected to the Services or Inspired Mumma App through hacking, password mining, phishing or any other means; (vi) upload, post, email, transmit, distribute or otherwise make available any material that contains viruses, computer code, or any other technologies that may harm Inspired Mumma or the interests, information, or property of Inspired Mumma customers or limit the functionality of any software, hardware or other equipment; (vii) use the Inspired Mumma App, Services or Resources in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable law; (viii) access or use the Inspired Mumma App, Services or Resources for competitive analysis or for any other purpose that is to Inspired Mumma' detriment or commercial disadvantage; or (ix) use the Services Inspired Mumma App or Resources in any manner other than as permitted by this Agreement. 
7. Your warranties
(a) You represent and warrant: (i) You are primarily responsible for Your commitment to engage and participate in the Services by attending all sessions and remaining actively engaged; (ii) to communicate honestly, be open to feedback and assistance, provide the time and energy necessary to participate fully in the Program and to acknowledge that this is an essential component to the provision of the Services; (iii) It is Your responsibility to ensure that you have the equipment, skills, technology and abilities necessary to engage, participate, and complete the Services and Program; (iv) You will only use the Services and the Inspired Mumma App in a manner consistent with this Agreement and any and all applicable laws. You agree to indemnify and release Inspired Mumma from any action that arises as a result of a breach of this warranty; (v) all information You provide to us to register Your Account is true, accurate, current and complete. You agree to maintain and promptly update such information to keep it true, accurate, current and complete.; (vi) If You provide any personally identifiable information or personal data, You have obtained the necessary consents, approval and authorisations in order to transfer or permit access to such data in accordance with applicable privacy and data protection laws. You agree to indemnify and release Inspired Mumma from any action that arises as a result of a breach of this warranty; (vii) if You are provided with any of Inspired Mumma's data or any other third party data, You will not use or copy such data; and (viii) You are authorised to use the credit card You have nominated in Your account. 
8. Disclaimers
(a) You acknowledge and agree that: (i) the Services do not constitute medical treatment or clinical therapy, and the Services provided are not provided as a registered medical practitioner, therapist or to diagnose or treat any disease; (ii) the Services are not to be used as a substitute for counselling, psychotherapy, psycho-analysis, mental health care, substance abuse treatment, or other professional advice by legal, financial or medical, or other qualified professionals, and that it is the Your exclusive responsibility to seek independent professional guidance as needed; (iii) You will seek advice from your doctor regarding your suitability for the Services, and in particular your suitability to undergo any weight loss regime or change in exercise and diet, and the suitability of taking supplements; (iv) the Services are provided on an "as-is" basis and for information only and We do not make any representations, claims or guarantees regarding the efficacy of the Services. You acknowledge and agree that Your total weight loss will depend on your particular circumstances, the amount of calories that you consume on a daily basis, your motivation and termination, your activity level and the duration of your efforts to lose weight; and (v) Inspired Mumma shall have no liability or responsibility to any person or entity with respect to any loss or damage caused or alleged to be caused directly or indirectly by the information contained herein, and nothing in this disclaimer will limit or exclude any liability for death or personal injury resulting from negligence, limit or exclude any liability for fraud or fraudulent misrepresentation, limit any liabilities in any way that is not permitted under applicable law or exclude any liabilities that may not be excluded under applicable law. 
9. User-Generated Content
(a) Our website and the Inspired Mumma App may allow you to post information, photos, content, user submissions and/or download materials, including live chat and forums (User-Generated Content), and you may also see User-Generated Content submitted by others. (b) You agree that you are responsible for your User-Generated Content, which includes but is not limited to any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, works of authorship, applications, links and other materials that you submit, post or display. (c) You acknowledge and agree that We have the right, but not the obligation, to monitor and review User-Generated Content, and from time to time we may, at our sole discretion and without prior notice to You, remove or edit any of your User-Generated Content that we find you may not have the permission to post, is offensive, is defamatory, is against law or public policy, or for any other reasonable reason. (d) You acknowledge and agree that we do not authorise, condone, endorse any User-Generated Content and We are not responsible for the accuracy, legality or decency of such content. You remain responsible at all time for verifying the veracity of any claims or statements made in any User-Generated Content. (e) You acknowledge and agree that other users of Our website or the Inspired Mumma App may access your User-Generated Content and you consent to that access by other users. 
10. Ownership of the Services and Resources
(a) All right, title and interest in and to the Inspired Mumma App, the Services and Resources, including all intellectual property rights are and will remain with Inspired Mumma. (b) Any third-party materials appearing in the Services, remain the right, title and interest, including all intellectual property rights, in the applicable third-party providers. 
11. Ownership of Customer Data
(a) Any data that You upload, provide, transfer, process, use or store in Your account in connection with the Services or Inspired Mumma App remains Your property. Inspired Mumma acknowledges that You own all right, title and interest, including all intellectual property rights in Your data. (b) You grant to Inspired Mumma a non-exclusive, royalty-free, worldwide licence to reproduce, distribute and otherwise use and display Your data as may be necessary for Inspired Mumma to perform its Services for You. (c) You agree that any data and information related to Your use of Our Services and that which we use in an aggregate and anonymised manner (Services Data) may be used by Inspired Mumma, without limitation, to improve the performance of the Services and to develop important and necessary updates to our Services. (d) The Services Data may be used for the following: (i) Compile statistics and performance information relating to the Inspired Mumma App and the Services; and (ii) Improve the performance of the Inspired Mumma App and the Services. (e) Inspired Mumma will never use this information to identify you. (f) You hereby unconditionally and irrevocably grant Inspired Mumma an assignment of all right, title and interest, including intellectual property rights, in and to the Services Data. 
12. Intellectual Property
(a) You acknowledge that the Services are subject to copyright and any other intellectual property rights. You shall not during or any time after the expiry or termination of this Agreement permit, engage or attempt to engage in any act which infringes Inspired Mumma's intellectual property rights and without limiting the generality of the foregoing, You specifically acknowledge that you may not copy any of the Services, Inspired Mumma App or the Resources except as otherwise expressly authorised by this Agreement. (b) Any Resources We provide may not be copied under any circumstances. (c) You warrant that any of Your data or materials do not infringe the intellectual property of any person. You agree to fully indemnify Inspired Mumma against any loss, cost, expenses, demands or liability, whether direct or indirect, arising out of a claim by a third party against Inspired Mumma. 
13. Warranties
(a) Where legislation implies in this Agreement any condition or warranty, and that legislation avoids or prohibits provisions in a contract excluding or modifying the application of or exercise of or liability under such condition or warranty, the condition or warranty shall be deemed to be included in this Agreement. However, the liability of Inspired Mumma for any breach of such condition or warranty shall be limited, at the option of the Inspired Mumma, to one or more of the following: (i) if the breach relates to goods: (1) the replacement of the goods or the supply of equivalent goods; (2) the repair of such goods; (3) the payment of the cost of replacing the good or of acquiring equivalent goods; or (4) the payment of the cost of having the goods repaired; and (ii) if the breach relates to services: (1) the supplying of the services again; or (2) the payment of the cost of having the services supplied again. (b) You warrant that You have not relied on any representation made by Inspired Mumma which has not been stated expressly in this Agreement or in Your order confirmation email or upon any descriptions, illustrations or specifications contained in any document including catalogues or publicity material produced by Inspired Mumma. (c) You acknowledge that to the extent Inspired Mumma has made any representation which is not otherwise expressly stated in this Agreement, You have been provided with an opportunity to independently verify the accuracy of that representation. (d) Under applicable State, Territory and Commonwealth Law (including, without limitation the Australian Consumer Law being Schedule 2 of the Competition and Consumer Act 2010 (Cth)), certain statutory implied guarantees and warranties (including, without limitation the statutory guarantees under the Australian Consumer Law) may be implied into this Agreement (Non- Excluded Guarantees). (e) The Supplier acknowledges that nothing in this Agreement purports to modify or exclude the Non-Excluded Guarantees. Nothing in this Agreement excludes, restricts or modifies any condition, warranty, right or liability implied in this Agreement or protected by law to the extent that such exclusion, restriction or modification would render this Agreement or any provision of this Agreement void, illegal or unenforceable. Subject to that, any condition, warranty, right or liability which would otherwise be implied in this Agreement or protected by law is excluded. (f) Except as expressly set out in this Agreement or in respect of the Non-Excluded Guarantees, We make no warranties or other representations under this Agreement, including but not limited to the quality or suitability of the Services and the Resources. Our liability in respect of these warranties is limited to the fullest extent permitted by law. 
14. Indemnity and Release
(a) You shall at all times indemnify and hold harmless Inspired Mumma and its officers, employees and agents (those indemnified) from and against any loss (including reasonable legal costs and expenses) or liability reasonably incurred or suffered by any of those indemnified arising from any proceedings against those indemnified where such less or liability was caused by or arising from: (i) Your use or access to the Services or Inspired Mumma App; (ii) Your User-Generated Content; (iii) Your breach of this Agreement and any other agreement or arrangement you may have with Inspired Mumma; (iv) Your violation of any term of this Agreement; and (v) Any actual or claim of infringement of any person's intellectual property rights; (vi) Your violation of any third party right; and (vii) Any of Your wilful, unlawful or negligent act or omission. 
15. Liability
(a) To the fullest extent permitted by law, except in relation to liability for personal injury, Inspired Mumma shall be under no liability to You in respect of any loss or damage (including consequential loss or damage) which may be suffered or incurred or which may arise directly or indirectly in respect of the Services supplied under this Agreement or in respect of a failure or omission on Inspired Mumma to comply with its obligations under this Agreement. 
16. Termination
(a) Inspired Mumma may terminate this Agreement immediately by notice in writing if: (i) You fail to pay any amount due; (ii) You are in breach of any term of this Agreement and such breach is not remedied within thirty (30) days that We have notified You of the breach; (iii) You breach or violate any laws in connection with Your use of Your account or Our Services; (iv) Inspired Mumma reasonably suspects, at its sole discretion, that you have accessed or used Your account or the Services beyond the scope of the rights granted or for an unauthorised purpose or Your use is likely to be involved in any fraudulent, misleading or unlawful activities; (v) You become the subject of bankruptcy proceedings. (b) If notice is given to You pursuant to subclause 15(a), Inspired Mumma may, in addition to terminating this Agreement: (i) retain any moneys paid; (ii) charge a reasonable sum for Services performed in respect of which no sum has been previously charged; (iii) be regarded as discharged from any further obligations under this Agreement; and (iv) pursue any additional or alternative remedies provided by law. 
17. Complaints or disputes
(a) In the event of any complaint, dispute or claim arising out from your use of our website, our Services or the Inspired Mumma App, the claim shall be resolved in accordance with the following procedure: (i) You and Inspired Mumma will attempt in good faith to negotiate a resolution of the matter directly between the parties; and (ii) if the parties are unable to resolve the dispute, then they shall be free to pursue their respective remedies in accordance with applicable law or this Agreement. 
18. Modification of Terms
(a) We may amend the terms of this Agreement from time to time. Any such changes will become effective when posted on our website. We will send you an email to your nominated email address notifying You of the changes. If You object to any such changes, your sole recourse will be to cease using the Services and terminate this Agreement. (b) Continued use of the Services following any changes to the terms of this Agreement and notification to your email will indicate that You acknowledge the changes and You agree to be bound by the revised Agreement, including such changes. 
19. Electronic Communication
(a) The communication between You and Inspired Mumma will be primarily electronic, through Your account and Your nominated email address. You consent to receive any communications and required notifications from Inspired Mumma in electronic form. To the extent permitted by law, you agree that all terms and conditions, agreements, notices, disclosures and any other communications that Inspired Mumma provides to you electronically have the same effect as if hardcopies were provided. 
20. Conflicting Terms
(a) In the event of any inconsistency between this Agreement any other agreement with Inspired Mumma, the terms of this Agreement shall prevail. 
21. Other terms and policies
(a) You agree that you have been provided notice of and access to Our other terms and policies, available at our website, including our Terms and Condition and Privacy Policy and any applicable third-party payment provider terms. You agree to be bound by these other terms and conditions. 
22. Severability
(b) In the event that any provision of this Agreement is held to be invalid or unenforceable, then (at Inspired Mumma's election at any time) either the remaining provisions of this Agreement will remain in full force and effect, or the provision shall be read down to the extent reasonable to make it valid and enforceable. 
23. Force majeure
(a) Neither party will be considered to be in breach of this Agreement or liable to the other party for any loss or damage resulting from an event that is not within the party's reasonable control (Force Majeure Event) provided the affected party notified the other in writing as soon as is practicable of the nature of that event or circumstances. (b) For the purpose of this clause, a Force Majeure Event means any event, circumstance or happening which: (i) either alone or in aggregate directly affects a party's ability to perform this Agreement according to its terms; and (ii) is beyond that party's reasonable control (including without limiting this, war, riots, fire, flood, hurricane, typhoon, earthquake, lightning, other natural disaster, explosion, strikes or industrial action, lockouts, slowdowns, acts of state or governmental action, pandemic or epidemics, government restrictions), but does not include impecuniosity of that party, unless caused by such an event, circumstance or happening. 
24. Applicable Laws
(a) This Agreement will be governed by and construed according to the laws of Western Australia. You agree to the exclusive jurisdiction of the courts of Western Australia to determine any dispute arising out of this Agreement. INSPIRED MUMMA APP SUBSCRIPTION TERMS 
25. Terms of Licence
(a) Subject to and conditional upon Your payment of Fees and Your compliance with this Agreement, Inspired Mumma grants you a non-exclusive, non-transferable, non-sublicensable, limited license to use and subscribe to the Inspired Mumma App. 
26. Membership Options
(b) Inspired Mumma offers a number of membership options: (iii) monthly membership; (iv) yearly membership; and (v) lifetime membership. (c) You may upgrade or change your membership at any time. Change of membership will occur at the next billing period. If you upgrade or change your membership, previously paid memberships are not refundable. 
27. 30 Day Money Back Guarantee
(a) Inspired Mumma offers a 30 Day Money Back Guarentee for the Inspired Mumma app memberships purcahsed through the Inpisred Mumma website only, this excludes subscriptions purchased through either the Apple App Store or Google Play Store. Refunds are subject the below conditions: (i) A refund request must be made in writing within 30 days of the purcahse date for either the monhtly, yearly or lifetime membership to support@inspiredmumma.com; and (ii) Only one refund request per a user is allowed. (b) You acknowledge and agree that your user account with the Inspired Mumma app will be deactivate, unless you purchase a Inspired Mumma a membership again. (c) If you sign up to a Inspired Mumma membership again, payment will be taken from your nominated credit card. 
28. Fees
(a) You authorise and agree that We will debit the Fees from the credit card nominated by You upon setting up Your account. Billing occurs every 30 days for monthly membership and 365 days for yearly membership, and commences on the date of purchase. 
29. Cancellation
(a) You may cancel your subscription at any time. You must cancel 24 hours' prior to the next billing period through the Inspired Mumma app. Failure to cancel Your membership 24 hours' prior will result in the debit of the next recurring payment from your nominated bank account. (b) All fees are non-cancellable, non-transferrable and non-refundable 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 or if you chose not to access the Services during the subscription period. 
30. Meal Plans and Recipes
(a) You acknowledge and agree that although our recipes can be sorted through dietary requirement options nominated by You, the meal plans are generic meal plans only. You acknowledge and agree that the sorting of the recipes by dietary requirements are provided on an information only basis and for your reference only. (b) You acknowledge and agree that we do not make any representations, claims or guarantees regarding the efficacy of the meal plans and their suitability to Your individual needs or dietary requirements. You acknowledge that You will seek advice from your doctor and other relevant professionals regarding your suitability for the meal plan. 
12 WEEK ACCELERATION PROGRAM TERMS 
31. Fees
(a) You will be charged the applicable fees for the Program upfront our under a payment plan arranged between You and Inspired Mumma. Payment will be debited from your account via Easy Debit or nominated credit card. 
32. Access to the Inspired Mumma App (a) Subject to the other terms of this clause, members Program will receive full access to the Inspired Mumma App during the period of your Program membership. (b) Access to the Inspired Mumma App are subject to your compliance with this Agreement. 

This terms and conditions was last modified on 15 August 2023.