Conditions of Use

Definitions

FindA Doula (Australia) Pty Ltd provides the www.findadoula.com.au (hereafter referred to as FindA Doula) site to Doulas and Birthing Mothers free of charge. Certified Doulas may become a Site Member in order to use the Site to post their Doula profile. Birthing Mothers may use the Site to search for a Doula in their area.

The term “Doula” refers to a professionally trained childbirth support person who offers emotional and physical support and unbiased information to a birthing woman and her partner before, during and after the birth.

The site is a referral or introduction service only. The doulas listed here are certified and trained by organisations in Australia and overseas. However, no responsibility will be accepted for any inaccuracies or misrepresentations found in these listings. Should you engage a doula listed here, you accept full responsibility for this choice.

Acceptance of these Terms and Conditions

You must read these terms and conditions carefully before using the services provided by the FindA Doula website. FindA Doula will from time to time update these terms and conditions so it is important that you revisit this page regularly. Your access to and use of this Site will be governed by these terms and conditions whether or not you choose to become a Site Member.

How do I become a member of the site?

You must be a Site Member to post your Doula profile on the Site. You become a Site Member by accepting the Terms and Conditions, acknowledging the Privacy Statement and by registering online. Site Members must be aged 18 and over. Doulas must be legally able to work in Australia. Doulas take full responsibility for their taxation liability and GST obligations.

How the site works

Once a Doula has become a Site Member (by selecting a user name and password; then verifying these by email) she can register her details and her profile will be included in the FindA Doula database. Site Members can manage their profile including availability and testimonials online. The FindA Doula webmaster is notified of all new Site Member registrations for review. Any inappropriate content will be deleted by the webmaster without notice. Site Members are responsible for managing their calendar dates. Anyone may leave feedback about the Site Member in the feedback section and Site Members should monitor this carefully and notify the FindA Doula webmaster if there is any defamatory content. This may be deleted at the discretion of the FindA Doula webmaster. Any links to other websites that are included in a Site Member’s profile should be rociprocated with a link to www.findadoula.com.au

Birthing Mothers may use the FindA Doula search engine without any kind of registration. A list of doulas that matches their search criteria will be produced and will be listed in order of most recently registered or amended. Birthing Mothers may contact these doulas at their own discretion by email or phone (where a phone number has been provided).

What the site offers

FindA Doula offers Birthing Mothers the ability search for Doulas in their area online, while it offers Doulas the opportunity to find Birthing Mothers to support. By making use of the Site, Birthing Mothers acknowledge that the Site merely offers them the opportunity to make contact with Doulas.

FindA Doula provides detailed profiles of Doulas supplied by these Doulas. FindA Doula recommends that Birthing Mothers interview Doulas over the phone before scheduling a time to meet in a public place such as a caf̩. We do not recommend that Doulas or Birthing Mothers give their home address to someone unknown to them.

What the site does not offer

FindA Doula does not undertake scheduling of appointments, complete police or other background checks or verify the Information of Site Members.

How to register

Doulas can join the Site by completing the registration online. Doula registration collects detailed information including name, address, phone, email, certifying organisation, year commenced as a doula, fees charged and availability. All the information collected is stored securely, and by becoming a Site Member You acknowledge that your personal information may be displayed on this Site. You should make Yourself familiar with our Privacy Policy.

Site Member conduct

We want to ensure that using the Site is the best experience possible for all Doulas and Birthing Mothers. To that end, You are prohibited from any actions that may interfere with anothers experience. These include, but are not limited to

• Using our systems to send unsolicited messages (SPAM)

• Accessing data not intended for You

• Attempting to breach authentication or login to an account the You are unauthorised to access.

• Disrupting service to the Site by interfering with the server or network by denial of service attack (DOS), spamming, or otherwise engage in conduct that causes a threatenend or actual nuisance to Site Members.

• Forging information sent to the website or in an email, including TCP/IP packet information.

If you become Site Member, you are participating in the site community. You must conduct yourself in a manner that is in the spirit of the community. You must not post, transmit, save, or distribute any Information or material that is:

• False, inaccurate or misleading;

• Fraudulent;

• Infringes the privacy or intellectual or other proprietary rights of another;

• Illegal;

• Defamatory, libelous, threatening, or intimidating;

• Obscene or contains child pornography;

• Contains any viruses, Trojan horses, easter eggs, worms, time bombs or other computer programming routines that may damage, modify, delete, detrimentally interfere with, surreptitiously intercept, access without authority or expropriate any system, data or personal information;

• Creates liability for us or cause us to lose (in whole or in part) the services of our ISPs, Web hosting company, or other suppliers; or

• Creates an unauthorized link to another website

FindA Doula reserves the right to edit, refuse to post, or remove any Information or material it deems as inappropriate.

Acceptance of Risk and Release from Liability

In using this Site, You accept that there are risks associated with dealing with people you have not met before and using the Information on this Site.

FindA Doula disclaims all responsibility for material and Information posted on this Site and all liability (including without limitation, liability in negligence) for all expenses, losses, harm, damages or costs You incur as a result of Your use of this Site.

In using this Site, You acknowledge that FindA Doula makes no warranties or representation as to the quality, accuracy or completeness of the Information or the quality of the care provided by Doulas. You also acknowledge FindA Doula does not have any control over or responsibility for the actions of Doulas or Birthing Mothers and their partners and makes no warranties as to their behaviour.

Because FindA Doula is not involved in actual transactions between Site Members, in the event that You have a dispute with another Site Member you will need to personally negotiate the resolution of that dispute. You also acknowledge that FindA Doula is in no way responsible for the payment or refund of Doulas fees.

You release FindA Doula (and its officers, directors, agents, affiliates, subsidiaries and employees) from claims, demands and damages (including actual, special, direct, indirect and consequential damages) arising directly or indirectly out of or in any way connected

• Disputes with or acts or omissions (including negligence) of other Site Members;

• Your reliance upon Information; or

• Your use of this Site generally.

Copyright

The content of this Site is protected by Australian and International copyright and other intellectual property laws. You are authorised to copy or download material on this Site for Your personal use however you do so for commercial or public purposes. The FindA Doula interface design and domain name are trademarks of FindA Doula. No permission is given to reproduce the FindA Doula, and you may only create a link to this Site after first having gained FindA Doula’s express permission in writing.

Links to Third Party Sites

This Site may contain links to third party sites. Access to any other Internet site linked to this Site is at your own risk and FindA Doula accepts no responsibility for the accuracy or reliability of any information, data, opinions, advice or statements made on such sites. FindA Doula provides these links merely as a convenience and this does not imply an endorsement.

Governance

Your use of this Site will be governed by and construed pursuant to the laws of Victoria, Australia and you agree to submit to the jurisdiction of that State.

Any failure by FindA Doula at any time to enforce any of the provisions of these terms and conditions or any of its rights will not be a waiver of such provisions, rights or elections or affect the validity of these terms and conditions.

If any clause or part of a clause of these terms and conditions is invalid, illegal, unlawful or otherwise being incapable of enforcement, that clause or part of a clause will be deemed to be severed and of no force and effect but all other clauses and parts of clauses of these terms and conditions will nevertheless prevail and remain in full force and effect and be valid and fully enforceable. No clause or part of a clause of these terms and conditions will be construed to be dependent upon any other clause or part of a clause unless so expressed.

Termination

FindA Doula may terminate your Site Membership at any time.