Terms of service

THE WOMB SPACE AU PTY LTD

This online platform is operated by The Womb Space AU Pty Ltd ABN 76 688 001 103 (we, our or us).  It is available at www.wombspace.au (Website) and through any other third-party application we choose to use now or in the future (Platform).

1. Our Contract

1. By accessing and/or using our Platform, each user of our Platform (you or your) agrees that you:

1. have reviewed these terms and conditions, including our Privacy Policy (available on the Platform) (Terms);

2. have the consent of your parent or legal guardian (if you are under 18 years of age) to use the Platform; 

3. have the legal capacity to enter into a legally binding agreement with us; and 

4. agree to use the Platform in accordance with these Terms. 

2. You can browse and view the Platform as an unregistered user, however there may be times when you may be required to register on the Platform and create an account with us (Account) to access some features, such as the purchase of goods, services and any other products (including digital content such as podcasts) (Goods).

3. When you place an order via our website (Order), you will receive an acknowledgement e-mail confirming receipt of your Order (Acknowledgment). The Acknowledgement is not our acceptance of your Order. A contract between us will not be formed until we send you confirmation by e-mail or other digital means that the goods in your Order have been dispatched to you (Confirmation). Only those Goods listed in the Confirmation will be included in the contract formed, which includes both physical goods and digital products, such as downloadable files, podcasts or content delivered electronically. 

2. Pricing and availability 

1. We use reasonable commercial efforts to ensure that all details, descriptions and prices that appear on this Website are accurate, however errors may occur. If we discover an error in the price of any Goods advertised, we will correct the error within a reasonable time. 

2. If any product or Good(s) included in your Order is unavailable, we will notify you as soon as possible. We reserve the right to substitute unavailable products with similar items of equal or greater value. If a substitution is necessary, we will inform you of the change and provide you with the option to accept the substitution or cancel that part of your order for a refund. We strive to ensure that the substituted product maintains the intended purpose and quality of your original selection. 

3. Payments

1. Any payments will be made through our third-party payment processor, Shopify (Australia) Pty Ltd, or by any other payment method set out on the Platform (Third-Party Payment Processor). To the extent permitted by law, any associated service fee is non-cancellable and non-refundable. We reserve the right to set out a number of payment methods on the Platform. 

2. Where a Third-Party Payment Processor is used, that Payment will be subject to additional terms and conditions (Third-Party Terms). Please review any relevant Third-Party Terms before using your selected payment method. 

4. Delivery of your Order

1. All standard Orders within Australia, unless requested otherwise by you prior to purchase, are sent by Australia Post or another third-party provider, without insurance but with tracking. The choice of delivery method will be dependent upon your physical location and any options you select at checkout when placing your Order.

2. Delivery costs will be charged in addition to the purchase of Goods at our discretion and depending on your location; such additional charges are clearly displayed where applicable and included in the “Total Cost” at checkout.

3. When delivering Goods purchased on the website we will only deliver to the individual listed on the Order, and if requested, you must provide us, or our third-party couriers (where applicable), with acceptable forms of identification on delivery, such as a passport or drivers’ licence to enable us to verify your identity.

4. Where the contents of your Order allows, you may authorise us to leave your Order at your delivery address outside. Alternatively, if a signature is required by the third-party delivery service, you must be present at the delivery address to accept delivery of your Order. If you are not present at the delivery address at the time we deliver your order, then you will be notified that we, or our delivery company, tried to deliver your Order. We may attempt to re-deliver your Order. If you provide an incorrect delivery address or you are not present to accept delivery of your Order after several attempts have been made to deliver your Order, we may cancel your Order and provide you with a refund. 

5. While we do everything we can to ensure your Order is delivered in a timely manner, we will not be liable for any loss or damage incurred by any person as a result of delay caused by our carrier that we have no control over or by any event which is out of our reasonable control or foresight including but not limited to any delay caused by an incorrect delivery address being provided to us.

6. For non-delivery of Goods, please notify us by email as soon as possible. 

7. In the event of a failed delivery due to incorrect address details provided by you, we reserve the right to charge a re-delivery fee.

8. Where your Order include digital products (such as podcasts, downloadable templates, resources or guides), we will make those products available to you electronically. This may include providing access via email, download link or a secure client portal. It is your responsibility to provide a correct and functioning email address and ensure your device is compatible with the digital format provided. 

5. Receipt of Goods

1. For physical Goods, you must inspect the Goods immediately upon their arrival and if the Goods are not in accordance with the specified requirements, then you must give notice to us within 24 hours of receipt of the Goods. If you fail to give such notice, the Goods must be deemed to be in all respects in accordance with the specified requirements. No claim must be recognised unless made in writing and received by us within 48 hours after receipt of the Goods by you. This paragraph does not apply to Goods that are covered by consumer guarantees under the Australian Consumer Law. 

2. If you experience any issues accessing or downloading digital products, including podcasts, you must notify us as soon as possible and within a reasonable timeframe. We will make reasonable efforts to assist you in accessing your purchase. 

6. Refund and Cancellation Policy 

1. Please choose carefully. We do not offer refunds for change of mind or incorrect choice, unless required under Australian Consumer Law. 

2. You may cancel your Order within 12 hours after placing it. To cancel an Order, please contact us immediately via our provided contact details. Once this 12-hour period has lapsed, cancellations will not be accepted.  

7. Collection of information

1. We collect personal information about you in order to enable you to access and use the Platform, to contact and communicate with you, to respond to your enquiries and for other purposes set out in our Privacy Policy. 

8. Podcasts and digital audio products

1. The views and opinions expressed by guests or participants in any podcasts are their own and do not necessarily reflect our views or positions. We are not responsible for or liable for the accuracy, reliability, or completeness of any information shared by third parties in our podcasts. 

9. Intellectual Property rights

1. Unless otherwise indicated, we own or licence all rights, title and interest (including intellectual property rights) in our Platform and all of the content (Content). Your use of our Platform and your use of and access to any content does not grant or transfer to you any rights, title or interest in relation to our Platform or the Content. However, we do not claim ownership of any intellectual property rights in the products used in any Goods or services where such rights in the products are held by third-parties. 

2. You must not, without our prior written consent or the consent of the owner of the Content (as applicable): 

1. copy or use, in whole or in part, any Content; 

2. reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party; or

3. breach any intellectual property rights connected with our Platform, including (without limitation) by:

1. altering or modifying any of the Content;

2. causing any of the Content to be framed or embedded in another website; or 

3. creating derivative works from the Content.

10. Use of AI

1. We may use tools powered by Artificial Intelligence (AI) in our store to enhance your experience when browsing or interacting with our store, including:

1. AI chatbots or virtual assistants to answer common customer queries or guide you through the purchase process;

2. Automated systems that offer product suggestions based on your activity or preferences;

3. Tools that enhance or generate product images, mockups or written descriptions; and

4. AI powered help desk or ticketing systems that help us manage customer services communications.

2. Where AI tools are used to assist you, a human team member supervises or reviews interactions where necessary, and you may request to speak or interact with a human at any time.

11. Discontinuance 

1. We may, at any time and without notice to you, discontinue our Platform, in whole or in part.  We may also exclude any person from using our Platform, at any time at our sole discretion. We are not responsible for any Liability you may suffer arising from or in connection with any such discontinuance or exclusion.

12. Disclaimers

1. The Goods and services provided by us, including any content within podcasts, are intended to support general wellbeing and are not a substitute for qualified medical and professional mental health advice, diagnosis or treatment. 

2. Our Goods and services are not intended to diagnose, treat, cure or prevent any medical condition. 

3. We do not guarantee any specific outcomes from the use of the Goods or services, including any insights gained from podcasts. If you have any health concerns, including mental health concerns, we recommend consulting a qualified medical and/or healthcare professional.  We are not liable for any outcomes or consequences resulting from the use of our Goods or services.

4. Where applicable, it is your responsibility to review all product ingredients and information to ensure that there are no allergens or substances that may cause adverse reactions. We are not liable for any allergic reactions or health issues that might arise from the use or consumption of the Goods. Always perform a patch test or consult a qualified medical professional if you have any concerns. 

5. Where applicable, it is your responsibility to critically evaluate all information shared in our podcasts, ensuring that it aligns with your personal health needs. The content provided in our podcasts is for informational and entertainment purposes only and should not be considered as professional advice. We strongly encourage you to seek professional guidance for any specific questions or concerns you may have.  

13. Consumer Guarantees

1. Certain legislation including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth), and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to our provision of our services which cannot be excluded, restricted or modified (Statutory Rights).

2. Nothing in these Terms excludes your Statutory Rights as a consumer under the ACL. 

14. Limitation on Claims

1. We are not liable for any failure to perform our contractual obligations due to events beyond our reasonable control, known as force majeure. For these purposes, “force majeure” means any occurrence or omission as a direct or indirect result of which we are prevented from or delayed in performing any of our obligations, is beyond our reasonable control and which could not have been prevented or mitigated by reasonable diligence or precautionary measures, including forces of nature, natural disasters, acts of terrorism, riots, revolution, civil commotion, epidemic, industrial action and action or inaction by a government agency.

2. We have no liability to the extent that a failure of the Goods is attributable to any act or omission on your part, including but not limited to where you do not follow appropriate instructions, including storage, use and/or consumption instructions, for the Goods. 

3. We do not accept any liability for decisions made based on the content of our podcasts. Listeners are advised to use their own judgement and discretion when interpreting and applying podcast content to their personal circumstances. 

4. Our liability for failure to comply with a consumer guarantee is limited to:

1. in the case of Goods supplied by us, the replacement of the Goods or the supply of equivalent Goods (or the payment of the cost of the replacement or supply); and

2. in the case of services supplied by us, the supply of the services again or the payment of the cost to the Customer of having the services supplied again.

5. In all other respects, our total liability for loss or damage of every kind, whether:

1. arising pursuant to the Terms; or

2. arising in any other way out of or in relation to the supply of the Goods or services, their sale, delivery or the way they behave, and whether in tort or contract or in any other cause of action,

is limited to an amount equivalent to the sum paid by you to us for the goods. 

1. Except as otherwise stipulated in these terms, we do not accept liability to you in respect of any indirect or direct loss or damage which may be suffered or incurred by you in respect of Goods or services supplied pursuant to these terms.

2. Where you have asked us to recommend a product for your use, we make such recommendations on the information provided to us by you and will not be liable if the products purchased fail to meet your requirements, particularly where we have not been made aware of the full circumstances of the intended use or your specific situation.

3. This clause will survive the termination or expiry of these Terms.

1. Warranty disclaimer

1. To the extent permitted by law, any condition or warranty that would otherwise be implied into these Terms is excluded.

2. Indemnity

1. You agree to at all times indemnify us, and keep us indemnified from and against any loss (including legal costs on a full indemnity basis) or liability incurred or suffered by you or by us arising from any claim, demand, suit or action or proceed by any person against you or us where such loss or liability arose out of or in connection with your conduct or breach of these terms of use or use of this Website or Platform or any information you provide via this Website or any damage caused to this Website.

3. Waiver

1. Any waiver of any provision of the Terms will be effective only if in writing and signed by us. Without limiting the foregoing, if you breach these Terms and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

4. General

1. Variation: We may modify these Terms from time to time by posting the amended Terms on the Platform. By continuing to use the Platform after any such modification, you agree to the amended terms. If you do not agree to the modifications, you must terminate your Account and stop using the Platform.

2. Severance: The provisions of these Terms are severable and if any provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.

3. Jurisdiction: These Terms, and your Order, are governed by the laws of Victoria. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in Victoria and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts. 

4. Entire Agreement: These terms constitute the entire agreement between you and us.

For any questions and notices please contact us at: 

Annalise Booker

Email address: hello@wombspace.au

Last updated: 13.08.2025