PLEASE READ THESE TERMS AND CONDITIONS (“TERMS”) CAREFULLY BEFORE USING THIS SITE / ONLINE TRAINING PLATFORM.
1. Who we are and how to contact us.
1.1 www.doulatrainingacademy.com.au is a website (“Website”) operated by Vicki Hobbs ABN 94 317 718 945 trading as the Doula Training Academy (we, us and our).
1.2 To contact us, please email [email protected]
1.3 We offer the Back to Basics – Birth & Postpartum Doula Training online course via the Website from time to time (“Course”). Reference to the Website includes the Course.
2. Agreement.
2.1 By using or visiting our website or enrolling in our Courses, you confirm that: (A) you have read and accept these Terms and that you agree to comply with them. If you do not agree to these Terms, you must not use our Website; (B) you are at least 18 years old. We may, at any time, revoke your membership should we have any reason to believe that you have misrepresented your age.
3. We may make changes to these Terms.
3.1 We may amend these Terms from time to time. Every time you wish to use our Website, or the Course, please check these Terms to ensure you understand the Terms that apply at that time. By continuing to participate in the Course, after the amendments take effect, you agree to be bound by the Terms as amended. If you do not agree to these changes, you may terminate your membership in accordance with the terms set out in the Online Enrolment form.
3.2 These terms were mostly recently updated on 30th January 2024.
4. We may make changes to our Website.
4.1 We may update and change our Website from time to time to reflect changes to the Course, products, our users’ needs, changes in law and our business priorities.
5. We may suspend or withdraw our Website.
5.1 We do not guarantee that the Course, the Materials, our Website, or any content on it, will always be available, uninterrupted or be error-free. We may suspend or withdraw or restrict the availability of all or any part of our Website or products for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
5.2 The Website is provided on an “as is” and “as available” basis, and we make no representations or warranties, express or implied, regarding the operation or availability of the Website or the Course, subject to any statutory warranties and guarantees.
6. Our Course.
6.1 We will provide the Course to you through the Website including any materials, documents, templates, video content, interactive learning content and assessments that we may provide you as part of the Course (“Materials”).
6.2 We will deliver the Course and / or prepare the Materials with reasonable skill and care and in accordance with these Terms and all relevant laws.
6.3 The Course and your access to the Materials will commence on the date which we receive payment of the Course.
6.4 The Course will be provided to you from our website, or otherwise in any manner determined by us, including email, videoconferencing, such as Zoom, SMS, social media, or other platforms at our discretion. We will not be responsible for any failure in delivery of the Course due to errors or delays caused by your email host, internet provider or other security provider.
6.5 The approximate duration of the Course will vary depending on the individual. You acknowledge and agree that any dates for completion notified by us are estimates only, and we will have no liability to you for failing to meet any delivery or milestone date.
6.6 We reserve the right to vary the Materials, Course content and any assessments at our sole discretion. We will endeavour to provide you with reasonable notice of any such change.
6.7 Completion of the Course will not result in a government accredited qualification. The Course is informational only and is not provided by a registered training organisation (RTO).
6.8 We reserve the right to postpone the delivery of the one-to-one element of the Course in the event of personal illness or other unforeseen event. We will endeavour to provide you with as much notice as possible of any postponement.
7. Registration to use the Course.
7.1 To access the Course, you must first register complete your enrolment. Once you have completed the registration process, you will be a registered member of the Website (“Member”) and agree to be bound by the Terms.
7.2 As part of the registration process, or as part of your continued use of the Course, you may be required to provide personal information about yourself, (such as identification or contact details).
7.3 You warrant that any information you give to us in the course of completing the registration process will always be accurate, correct and up to date. Please advise us if you would like to make any changes to your membership such as your contact or payment details.
8. Your obligations as a Member.
8.1 As a Member, you agree to comply with the following:
(a) you will use the Course only for purposes that are permitted by:
(i) the Terms; and
(ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.
(b) the Course, Materials and information provided by us, is strictly confidential and is provided to you for your personal use only. We reserve the right to immediately terminate your membership if we suspect you have shared, or allowed the sharing, or any information with a non-member.
(c) you have the sole responsibility for protecting the confidentiality of your password and / or email address. Use of your password by any other person may result in the immediate cancellation of the Course. You must immediately notify us of any breach of your user details.
(d) you will not use the Course, Materials, or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by us in writing.
(e) you will not use the Course or Website for any illegal and / or unauthorized use which includes collecting other Members’ data and sending unsolicited emails.
(f) you agree that commercial advertisements, affiliate links, and other forms of solicitation uploaded by you may be removed from the Website without notice and may result in termination of the Course.
(g) Where we allow you to post any content on the Website or any other channel, you agree that you will not post or transmit any non-authorised material including, but not limited to, material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, likely to incite violence, pornographic or otherwise or which is detrimental to or in violation of our systems or a third party’s systems or network activity.
(h) You acknowledge and agree that any automated use of the Website or its Course is prohibited.
9. Payment.
9.1 You must pay the then current fees for the Course prior to the Course commencing (“Course Fee”) by way of bank transfer, credit card payment or PayPal once you have received your invoice.
9.2 You accept that you are required to pay the full amount of the Course Fees even if you do not complete the course.
9.3 Payment for Course Fees must be made in Australian Dollars and by bank transfer credit card or PayPal as previously advised to you. We will suspend your access if the Course Fee is not paid in advance.
9.4 You will be liable for any banking fees, charges and other fees including administration fees where there has been a refund or denial of the Course Fee by your banking or credit institution.
9.5 Should we consider it necessary to vary the Course Fee at any time, we will provide you with reasonable notice and you may elect to cancel before the changes take effect.
10. Intellectual Property.
10.1 We own the intellectual property rights in the Course, Website and Materials, and you will have a non-exclusive, non-transferable license to use the Course and Materials for your own personal purposes.
10.2 You agree not to reproduce, modify, distribute, display or create derivative works of the Course, Website, or Materials without our prior written consent.
11. Privacy.
11.1 You agree to allow us to send you electronic communication (including email and SMS) regarding the Course, including any information regarding or relating to our Course, in accordance with our Privacy Policy. Please see our Privacy Policy for information about our privacy practices.
12. Competitors.
12.1 If you are in the business of providing similar courses to consumers for a commercial gain, whether business consumers or domestic consumers, then you are our competitor. Competitors are not permitted to use or access our Courses, Website and Materials. If you breach this provision, we will hold you fully responsible for any loss that we may sustain and hold you accountable for all profits that you might make from such a breach.
13. General Disclaimer.
13.1 Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
13.2 Subject to this clause, and to the extent permitted by law all terms, guarantees, warranties, representations, or conditions which are not expressly stated in the Terms are excluded.
13.3 All our information on both the Website, Materials and in Course is informational only, not tailored to your specific circumstances and is for general informational purposes only. While we use reasonable attempts to ensure the accuracy and completeness of the information, Materials and Course content, we make no representation or warranty in relation to it, to the maximum extent permitted by law. Results are not guaranteed, and we take no responsibility for your actions, choices or decisions, unless we have acted negligently.
13.4 Any advice or information given as part of the Course and the Materials is not intended to be a substitute for professional medical, financial or legal advice, diagnosis, or treatment. Always seek the advice of a qualified industry professional with any questions you may have regarding any medical, financial, or legal matters. Never disregard qualified professional advice or delay in seeking it because of anything contained in the Course or Materials.
13.5 The Course is educational, and the content of the Course is in no way meant to replace the advice of a professional medical expert on matters related to pregnancy and birthing. It is not intended to be used as a substitute for professional medical advice. You will not receive any formal medical training as part of the Course.
14. Limitation of Liability.
14.1 Both parties’ total liability, save for your non-payment of the Course Fees, or any of our loss arising out of your unauthorised disclosure of the Content, both of which is uncapped, arising out of or in connection with the Course or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Course to you, or the Course Fees paid by you.
14.2 Neither party is liable to the other in contract, tort (including negligence or breach of statutory duty), misrepresentation or otherwise for any loss of profit or revenue (whether direct or indirect), loss of opportunity or loss of goodwill, and / or any indirect, special, or consequential loss of any kind.
14.3 Nothing in these Terms will limit a person’s liability for: a) death or personal injury caused by that person’s negligence; b) that person’s fraud; or c) anything else that cannot be limited by law.
15. Termination / Cancellation.
15.1 The Terms will continue to apply until after the Course has been completed by you or until terminated by either you or by us as set out below.
15.2 You may cancel your Membership in the Course in accordance with the Online Enrolment form signed by you. Any refunds will be given only in accordance with the refund policy set out in the Online Enrolment form.
15.3 We may at any time, terminate the Terms with you if:
(a) you have breached any provision of the Terms or intend to breach any provision.
(b) we are required to do so by law.
(c) if your conduct impacts our name or reputation or violates the rights of those of another party; or
(d) the provision of the Course to you by us is, in our opinion, no longer commercially viable.
15.4 Upon termination of these Terms, your membership will be revoked, and you will no longer have any right to use the Course or the Materials. Any Course Fees paid in advance are non-refundable.
16. Indemnity.
16.1 Both parties agree to indemnify the other party, against any liability suffered or incurred arising from or in connection with any breach of these Terms or any applicable laws. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end.
17. We are not responsible for viruses.
17.1 We do not guarantee that our Website will be secure or free from bugs or viruses or any other type of malicious code or software.
17.2 You are responsible for configuring your technology to access our Website. You should use your own antivirus software.
18. We are not responsible for websites we link to.
18.1 Where our Website contains links to other sites (including banner advertisements and sponsored links) and resources provided by third parties, these links are provided for your information only and you access third party websites subject to the terms and conditions of those websites.
19. General.
Disputes: in the event of any dispute, the parties agree to mediate before proceeding to litigation.
Force majeure: If we are unable to perform in whole or in part, any obligation under these Terms as a result of any fact, circumstance, or matter beyond our control, we are relieved of that obligation to the extent and for the period that we are unable to perform the obligation. You agree that we will not be held liable for any delay or failure in performance of any part of the Coaching Services or delivery of the Materials.
Severability: Any provision of these Terms which is void, illegal or otherwise unenforceable will be severed to the extent permitted by law without affecting any other provision of the Terms.
Relationship: These Terms do not confer any agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between us and you or any other party unless expressly stated otherwise.
Entire Agreement: these Terms form the entire agreement between the parties in relation to the Services. It replaces any earlier agreements, representations, or discussions.
Jurisdiction: These Terms are governed by the laws of Western Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the Western Australian courts. Although the Course may be accessed throughout Australia and overseas, we make no representations or warranties that its content, or the Products, comply with the laws (including intellectual property laws) of any country outside of Australia. If you access the Website from outside Australia, you do so at your own risk and are responsible for ensuring compliances with all laws in the place where you are located. This clause survives termination of these Terms.
Doula Training Academy Australia
Wellness on Whatley, 162 Whatley Crescent, Maylands WA 6051