Website Terms & Conditions

Introduction

Welcome! This website, www.fertilityandbeyond.co, is owned and operated by Kathryn Moloney PTY LTD trading as Fertility and Beyond Global ACN: 667245534. If you have any questions or need further information, please email [email protected]. 

This document outlines the Terms and Conditions for using this website or purchasing from us. It explains the expectations and boundaries we have put in place to support our business and create fair and respectful working relationships. Your informed consent matters, so please take a moment to read it.

When you visit this website, use our services or purchase our products you agree that you are over the age of 18 and willing to be bound by these Terms & Conditions. If you don’t agree, you should not continue to visit this website or purchase anything from us.

All products and services advertised on this website are offered in compliance with Australian Consumer Law.

These Terms & Conditions may be changed or modified from time to time. Please check back regularly to ensure you are aware of any changes.

Content Disclaimer

On this website and in our social media accounts, we provide information about fertility care. This content is provided solely for your education and your well-being to support your fertility endeavours. 

We conduct extensive research in order to provide content that we believe to be valuable and true, but we have no responsibility for the use that you make of that information. 

Please be aware that the generalised information we provide is not a substitute for specialist advice tailored to your individual circumstances. 

There is no professional relationship formed by your visit to our website unless you explicitly choose to work with us by purchasing our services or products.

Any testimonials or results we may display on this website are based on our experience and those of our previous clients. There are no guarantees that anyone else will achieve the same results.

While we take all reasonable care to ensure that the content we create is accurate, relevant and up to date, we make no guarantees and disclaim any legal liability for inaccuracy, incompleteness or error. If you find something that seems problematic, it would be very helpful if you let us know!

We may modify our content at any time, including altering or deleting it without notice.

Visitor Responsibilities

You are responsible for your own safety and well-being while browsing the internet, reading our website or following the provided guides. Do not act on anything you read without first conducting your own research, consulting appropriately qualified professionals, and making informed choices about what is right for you, based on your personal circumstances. 

It really should go without saying, but as a user of our website, you agree not to behave maliciously, spam any other user, post defamatory content about anyone, infect any aspect of our website with malware, hack into any part of our website where you don’t have our permission to be, or use our website for any purpose other than consuming our content, engaging in our programs, and purchasing our products or services. You also agree not to use our website or content in any way that is unlawful or harmful to any other person or business. If you do, we have the right to refuse you service, ban you from accessing our website or social media, and take action to protect our business.

Downloads

This site may offer paid and free downloads. While we take cybersecurity seriously and make every reasonable effort to ensure these downloads are safe and hassle-free, we are not responsible for any viruses or other damage that may result from downloading material from this site. Please prioritise safety and ensure you have adequate internet security to protect yourself against malicious interference from cybercriminals.

External Links

We may provide links to external sites. We have no control over the information provided on these sites, and the links are solely for your information, education or entertainment. We do not endorse any products they offer for sale and have no relationship with them unless otherwise clearly notified.

We may provide links to our affiliates' websites. While we believe them to be reputable businesses, any relationship you enter into with them is at your own risk, and we are not a party to the transaction. If you find a broken link, feel free to let us know.

Disclaimer for Services and Products

There are a number of ways you may choose to work with us, available to purchase or book through our website or our booking system, ‘My Appointments’. The terms and conditions in this document apply to all of our services and products unless alternative terms are explicitly provided to you.

We offer:

• 1:1 consultations, including Fit Calls
• Clinical programs and packages
• Ongoing support subscriptions
• Online courses and educational resources
• Practitioner mentorship
• Free live group calls

Our intention in offering these services and products is to support you in improving your health and fertility.  

Why Work with Us?

Kathryn Moloney is a functional fertility specialist with over 20 years of clinical experience. She holds a Bachelor of Health Science (Naturopathy, 2005), a Certificate in Natural Fertility Education (2006) and Birth Attendant (Doula) training (2011).

We believe it is our responsibility to continue to engage in ongoing professional education, keeping up to date on research developments, taking all reasonable care and due diligence, and committing to best practice.

What we Expect from You (Consumer Responsibility)

When you are working with us, please ensure that you consume all of the educational resources provided, as this will answer many of the questions you have for us and support you in making informed choices.

Email support between consultations covers questions about your current prescription and plan. New health concerns, new test results that need interpretation, questions about a partner’s or family member’s health, and reviews of products outside your prescription are best addressed in a consultation, and we will invite you to book one. We prioritise 1:1 consultations, so email replies are not immediate.

Please upload all test results to the ‘My Appointments’ portal. It is important to inform us of any medication you take when you fill in our intake form, and email us if your medications change at any time. 

Consultations can also be rescheduled through the ‘My Appointments’ portal. Please ensure you have read our appointment policy below. 

Important information about how to care for your own well-being and get the most value out of working with us is set out below. If you have any questions or concerns, please email us before proceeding with your purchase.

Important Information

While Fertility and Beyond practitioners have extensive experience in supporting health and fertility, we cannot promise that you will get the results you desire. 

Supplements and dietary and lifestyle recommendations will be made to you depending on your situation and the outcomes of the initial consultation. It is your responsibility to decide if this information and these recommendations are relevant to you and if you choose to take them.

However, if you choose not to follow the advice and recommendations, you may not achieve the outcomes you desire. It is common to require a large amount of treatment at the beginning, which usually tapers off as symptoms improve and after you have completed the first 3 months of treatment. 

The process of improving health and fertility can take a long time, depending on your situation. We will do our best to support you to achieve this in the shortest time frame possible for you; however, you will need to be patient (and we understand this is difficult). 

All we can do is make recommendations. It is ultimately your responsibility to conceive and hold the pregnancy (even though many of our patients credit us with creating their baby!)

Specific Instructions

After our prescription clarification call (and maybe some exercise or a relaxing cup of tea!), we recommend spending about 2 hours planning how to take the recommended actions. Whether it’s creating a mind map, having a ‘project’ book and making lists of the different priorities and to-do lists, adding things to your diary or online calendar to do, find what will work best for you, to reduce any overwhelm. You can also spend this time downloading any apps, ordering your supplements and making a shopping list. 

If you have purchased modules, make a time in your diary to watch/listen to the videos or read the transcripts every week. 

Please do not share the modules, resources or your prescription sheet with anyone else. 

Risks

Please carefully monitor your own well-being and response to treatment. If you have any adverse reactions to supplements or dietary recommendations, it is your responsibility to seek emergency assistance and then inform us asap. 

You should not take these supplements alongside other over-the-counter supplements unless we have reviewed them, due to the risk of doubling up on certain nutrients. Please tell us about every supplement, vitamin and medication you are taking, including anything you start after your initial consultation. You can safely take the supplements with superfoods. If you are taking prescription medications, please check with your doctor for interactions.

Prescriptions only last until your recommended review consult, as individual requirements change and reassessment of your needs may be required. We do not recommend self-prescribing for your safety and to maintain the efficacy of your prescription.

If something changes, such as pregnancy, miscarriage, or taking a new medication, please inform us immediately so that we can update your prescription. We expect you to inform us of any medication you take and any changes to it. 

Limitations 

We are not medical doctors, so please continue to consult your general practitioner or specialist for medical care. We are also not mental health professionals and recommend that you continue with support and treatment for this if necessary.

Professional advice 

If you are struggling emotionally or mentally while working with us, we recommend seeking support from a qualified therapist, psychologist, or psychiatrist. 

Remember, it is always important to get clearance from your doctor before making major changes to your lifestyle.

If any concerns arise during our work together, we strongly recommend you seek advice from an appropriately qualified professional.

You will get the most out of working with us if you are motivated, open to influence, committed to making the recommended changes and taking the recommended supplements, open to sharing your challenges and wins and appreciative of the support of others. 

You might not be a good fit for this work if you do not like taking recommendations from others, prefer to rely on AI tools or online searches over individualised clinical advice, do not have the budget for testing or supplements, need immediate responses to emails, or are unwilling to speak honestly about your challenges.

Indemnity

We do not make any guarantees or warranties about the accuracy of any material displayed on this website, or the products, services, or programs offered through it, with the exception of any non-excludable consumer guarantees and other consumer protection provisions set out in the Australian Consumer Law. We are human, and errors creep in despite the best of intentions. If you see something that doesn’t seem right, please let us know.

While we make all reasonable efforts to ensure that this website and our services/products meet with the highest standards of best practice, if something does go wrong that is not a direct result of our negligence, misrepresentation or deliberate fault, you agree that, to the fullest extent permitted by law, we will not be liable for any loss or damage arising out of or related to our website, any products or services purchased through it, or any material posted on it, irrespective of whether such damages were foreseeable, and regardless of the nature of the claim.

You take full responsibility for implementing any suggestions we may make while providing our services. You understand that our advice is limited to providing you with options for your consideration, and that you are solely responsible for any actions that you choose to take. Always consult your own values and vision, do your own research, and check with appropriately qualified professionals before making major decisions or significant changes. You agree to indemnify us against all consequences arising directly or indirectly from your choices.

You expressly agree that if this indemnity is unenforceable for any reason, our total cumulative liability for all causes of action of any kind (other than negligence or deliberate wrongdoing) shall not exceed the amount that you have paid to us. Nothing in these terms overrides the remedies available to you under the Australian Consumer Law. 

Appointment Policies

Given the high demand for appointments (especially at certain times of day), please provide at least 48 hours’ notice if you need to reschedule. This allows us to see someone else in the time that has been reserved for you. Appointments cancelled or rescheduled without 48 hours’ notice will incur a 50% cancellation fee of the service fee. Future appointments will not take place until this fee is received. If there is an emergency situation or acute illness, please contact us as soon as possible to let us know. 

For patients on a subscription, the call for that month will be forfeited if 48 hours’ notice is not given or if an appointment is missed.  

While it is best to have our online calls in a private and quiet space, we’re very used to seeing patients in their car (not driving and parked in a safe spot!), breastfeeding, or attending to small children. 

Payment Terms

All prices on the My Appointments website are in Australian dollars and include GST for Australian clients. Prices on Kajabi are in US dollars.

Forms of payment:

Payments through Kajabi are processed by Kajabi Payments and PayPal.

Payments through My Appointments are processed by Latpay.

Security:

Payments are processed securely by our payment providers. We do not see or store your card or account details.

Payment is due before the consultation for an initial consultation and on the day or the day after a follow-up consultation. 

Payment plans are offered for your convenience only, so you can spread your payment out over time. You are still committed to paying the whole amount, even if you change your mind about your purchase, as you have had access to our intellectual property, we have completed the work for you or have set aside time in our calendar, rather than someone else. It is your responsibility to ensure you have sufficient funds to make payment instalments on time. Nothing in this clause limits your rights under the Australian Consumer Law.

You agree to pay any costs we reasonably incur in chasing overdue payments, including administrative fees, debt recovery fees and legal fees.

Refund Policy

We do not offer a refund if you change your mind, so you are encouraged to consider carefully whether a purchase is right for you before you make your payment.

Fit Calls are the one exception: if, during your Fit Call, we determine that we are not able to help you, we will refund the Fit Call fee in full.

If you’d like to cancel your ongoing subscription, please let us know at least 7 business days before the next payment is due. 

Any returns related to supplements need to be addressed with the supplement provider.

We take our obligations under the Australian Consumer Law seriously. Our services come with guarantees that cannot be excluded. If there is a major failure with our services, you are entitled to a remedy under the Australian Consumer Law, which may include a refund. If there is a minor problem, we will work with you to fix it within a reasonable time.

If you feel that there is any problem with our services, please let us know as soon as possible. We are keen to understand what has gone wrong if you are unhappy, so that we can address your concerns and try to find a mutually acceptable solution.

Delivery

All consultations are held online via Zoom, with the link sent in your booking confirmation. Programs, courses and resources are delivered online through our Kajabi member portal and by email. Prescriptions and roadmaps are provided as digital documents.

If anything is unclear or confusing, we encourage you to reach out to us so we can provide clarification.

Intellectual Property

Copyright & Trade Secrets

The content of this website and in all our resources is protected by copyright laws and treaties around the world, with all rights reserved. This means that you must not use, copy or make our work public without our permission.

We believe in openness and transparency, so we want to let you know that we sometimes use artificial intelligence, or AI, to help make our content better. This means parts of what you see on our website, including text and images, might have been made with AI assistance. We have chosen our AI tools carefully and have the right to use anything that the AI helped create in our work. We have also invested considerable intellectual effort in transforming the raw material produced by the AI into an original work before sharing it with you. Even though AI may have helped co-create or inspire us, our content is still very much our unique creation, and we claim exclusive ownership of it.

You are welcome to share blog posts or other publicly available content through social media, but you must provide a link back to this website or social media profiles, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

If you are participating in our modules, content may be printed or downloaded to a local hard disk strictly for your personal and non-commercial use. Our content contains trade secrets that are offered exclusively to participants. It is an essential condition of participation that you agree that you will not provide extracts of any course content to anyone else without explicit written consent.

Commercial exploitation of our content in any way that competes with our business is strictly prohibited. 

Trade Marks

We own the unregistered trade marks, logos, and service marks displayed on this website, including Fertility and Beyond. These trade marks may not be used in connection with any other product or service without a licence, or in any way that is likely to cause confusion in the marketplace, or in any manner that disparages us or our business. 

Respectful Communication

We reserve the right to moderate any comments made on this website, in the Facebook Groups we control, and on any of our social media pages and profiles, including deleting comments that we deem to be rude, offensive, spammy or unacceptable without any notification or correspondence with you. Keep all communication kind and polite, please.

Disrespectful or aggressive behaviour towards our team or anybody else will not be tolerated. 

Dispute Resolution & Jurisdiction

If a dispute arises, you agree that you will not engage in any public discussion about the issues, will behave politely towards us, and will avoid any conduct or communication that might reasonably be expected to interfere with our business or personal interests. You agree to act in good faith and be reasonably cooperative at all stages of the dispute resolution process.  We will treat you with the same consideration.

If there is a problem, you agree to meet with us in good faith to discuss it and try to make a genuine effort to find a win-win solution. If the problem cannot be resolved within a reasonable time, you agree to engage in mediation and alternative methods of dispute resolution, with litigation being a last resort, and any mediation costs shared equally. We commit to making a similar effort to resolve any disputes in a friendly manner.

 If we are unable to resolve a dispute by negotiation and discussion, you may access the complaints procedure offered by NHAA here: https://nhaa.org.au/contact/

We take our ethical obligations very seriously and comply with the South Australian Code of Conduct for Certain Health Care Workers. You can download a copy of the Code here.

These Website Terms & Conditions are subject to the governing law of South Australia. Regardless of where you live in the world, you irrevocably agree that if the dispute resolution processes fail, the courts of South Australia and the Commonwealth of Australia will have exclusive jurisdiction.

These Terms & Conditions were created with the support of Carefree Counsel. Copying it without permission is an infringement of copyright. Look after your business and your clients by creating your own Terms & Conditions with a Contracts that Care DIY Pack!