Terms and Conditions.
Effective Date: 24 October 2025
OVERVIEW
This website and the services provided are owned and operated by Aleesha Simon (ABN 12 289 258 234), trading as Te Whānau Doula (referred to as “Te Whānau Doula”, “we”, “us”, or “our”).
Te Whānau Doula provides the following services (collectively referred to as “Services”):
Birth doula support
Postpartum doula support
Birth toolkit hire (including TENS machines and related equipment)
Digital and educational resources
By booking, purchasing, or using any of our Services, you agree to these Terms and Conditions (“Terms”).
Please read these Terms carefully. If you have any questions, contact us at hello@tewhanaudoula.com before booking.
By using our Services, you confirm that you:
Are over 18 years of age
Have read and agree to these Terms
Have the legal capacity to enter into a binding agreement.
We may update these Terms at any time. The latest version will always be available on our website.
ACCESS TO OUR SERVIES
Bookings may be made via our website, email, or social media. Once your booking or hire request is confirmed and payment (or deposit) is received, you’ll receive written confirmation of your booking.
We reserve the right to decline any booking or hire request for any reason (for example, if we’re fully booked, or your location is outside our service area).
PRICES AND PAYMENTS
All prices are in Australian Dollars (AUD) and may change without notice.
Payment can be made in full or via a payment plan, at our discretion. Details, including due dates, will be clearly outlined in your invoice.
All payments must be made by bank transfer only to the account provided on your invoice.
A non-refundable deposit may be required to secure your booking. The remaining balance is due by the date stated on your invoice.
If payment is not received by the due date, your booking may be cancelled, and any deposit forfeited.
REFUNDS AND CANCELLATIONS
General Refund Policy
The Fees are non-refundable, except as otherwise required by law or at our sole discretion.
We do not provide refunds simply because your circumstances have changed or you have changed your mind.
Refunds will be offered in accordance with Australian Consumer Law and applicable state Fair Trading legislation.
We may exercise discretion in determining if a refund of any fees already paid is appropriate.
Digital Products
For all Digital Products (including eBooks and other downloadable resources):
Due to their downloadable nature, refunds are not available once purchased.
Doula Services
Once your doula booking is confirmed and payment (or deposit) has been made, your place is secured, and all fees are non-refundable.
If you choose to cancel, for any reason, you forfeit all amounts paid, including any deposit and installments.
This is due to the limited number of clients we support at any one time, and the time reserved exclusively for your birth or postpartum period.
If we are unable to provide your booked services due to illness or emergency, a trusted back-up doula will be offered where possible.
If a back-up doula is not available, a refund for the unused portion of your booking will be issued in accordance with Australian Consumer Law.
Birth Toolkit Hire
Hire fees are non-refundable once dispatched or collected.
If an item is faulty upon arrival, please contact us immediately for a replacement or refund.
The hirer is responsible for safe use, care, and timely return. Late, lost, or damaged items may incur additional fees.
REFUNDS
If we have provided you with access to our Services or Materials, and you receive a refund (either directly from us or via a Chargeback), you must:
Destroy all electronic copies of any materials downloaded; and
Provide written confirmation to hello@tewhanaudoula.com that you will not use any materials unless full payment is made.
If you continue to use our materials after a refund or chargeback, you agree to pay the outstanding amount immediately upon receipt of an invoice.
Where we do not receive payment for Services or Materials provided, we reserve the right to recover the outstanding amount through formal debt recovery, including applicable interest and recovery costs.
For the purposes of these Terms, “Chargeback” means the reversal of a payment initiated through your bank or payment provider.
Nothing in these Terms limits your statutory rights under Australian Consumer Law.
COMPLAINTS (DISPUTE RESOLUTION)
We are committed to your satisfaction and a respectful working relationship.
If you have any concerns or complaints, please contact us at hello@tewhanaudoula.com and include:
Your name;
The email address used for your booking;
Details of your concern or complaint;
What outcome you are seeking; and
Copies of any relevant correspondence or evidence.
We will acknowledge your complaint within 3 business days and aim to resolve it within 14 business days.
If we cannot resolve it within that time, we will explain why and provide an update.
Both parties agree not to make negative or derogatory comments about the other in public or private, including on social media.
If a dispute cannot be resolved directly, it may be submitted for mediation under The Arbitrators and Mediators Australian Mediation and Conciliation Rules.
If mediation fails, you agree to submit to the exclusive jurisdiction of the courts of New South Wales.
INTELLECTUAL PROPERTY RIGHTS
As part of the Services, you may have access to certain materials, including digital guides, templates, forms, images, and other educational content (“Materials”). We retain ownership of all intellectual property rights (including copyright) in the Services and Materials.
To the extent required for participation in the Services, and in consideration for the payment of the Fees, you are granted a non-exclusive, non-transferable, single-use licence to access and use the Materials for your own personal and non-commercial use only. You agree not to:
Modify, copy, reproduce, or share the Materials in any form;
Assign or transfer the Materials to any other person;
Publish, sell, or provide the Materials to third parties; or
Remove any copyright, trade mark, or author attribution from any part of the Materials.
If you infringe our intellectual property rights, we reserve the right to immediately terminate your access to the Services and Materials without refund and pursue legal remedies. You will be liable for all costs (including reasonable legal costs) incurred due to your breach of these Terms.
For any intellectual property you provide to us through your participation in the Services (“Client Content”), you warrant that you own this intellectual property and indemnify us against any claim made by a third party arising from its use. By engaging our Services, you grant us a non-exclusive, royalty-free, perpetual licence to use and reproduce your Client Content (such as testimonials, images, or feedback) for promotional purposes, unless otherwise agreed in writing.
PRIVACY POLICY
When you apply to take part in our Services, and during your participation, you may be required to provide personal information (such as contact details) and sensitive information (such as health or financial details).
Your privacy is extremely important to us. We will only use your personal information to provide the Services and communicate with you about your booking.
Where you wish to withdraw your consent from email communications, you may unsubscribe at any time.
Your information will be handled in accordance with our Privacy Policy, accessible on our website.
PROMOTION OF OUR SERVICES
By providing testimonials or feedback in any format, whether formally or informally, you acknowledge and consent that we may use these, along with reference to you, on our website, social media channels, or any other marketing platforms at our discretion.
You also acknowledge that as part of our Services, we may capture images, text, or audio/video recordings of your participation (including during birth support, postpartum visits, or events), where you may appear. These recordings are used to provide the Services and may also be used for promotional purposes.
You irrevocably consent to our use of these recordings without restriction, including our ability to modify, publish, reproduce, or distribute them as needed to promote Te Whānau Doula.
BREACH AND TERMINATION
We reserve the right to terminate your access to the Services with immediate effect if:
You do not pay the Fees when due;
You infringe our Intellectual Property Rights;
You engage in conduct that is injurious or potentially harmful to others;
You engage in conduct that is injurious or potentially harmful to our reputation;
You disclose Confidential Information without consent;
Your actions are contrary to our interests;
We consider that mutual trust and/or confidence no longer exists; or
You fail to comply with any of the other provisions of these Terms or otherwise breach any undertaking, warranty, or obligation under these Terms.
If we terminate your access to the Services, we may, at our sole discretion, refund any prorated balance of the Fee already paid by you.
CONFIDENTIALITY
You agree to respect our privacy and confidential information, which includes information relating to our business, finances, operations, marketing strategy, administration, technology, clients, customers, employees, contractors, suppliers, intellectual property, trade secrets, know-how, systems, and processes.
Unless you have our prior written consent, you must keep any information we share confidential. You also agree to respect the privacy and confidential information of other participants unless you receive express written consent from them.
We will not disclose any information you provide except as permitted under these Terms.
These obligations of confidentiality do not apply to information that:
Is disclosed for the purpose of performing these Terms or exercising a right under these Terms;
Is required by Applicable Law; or
Relates to confidential information that is publicly available through no fault of the receiving party, or was rightfully received from a third party without restriction or breach of any obligation of confidence.
PROHIBITED USE
You must not use our Services, materials, or content for any purposes that are unlawful, harmful, or in conflict with our business. Specifically, you must not:
Use the Services for any illegal activity;
Operate or promote a business that competes with Te Whānau Doula using our materials;
Encourage or solicit others to participate in unlawful acts;
Breach any local, state, federal, or international laws or regulations;
Attempt to alter, remove, damage, or interfere with any part of the Services or our materials;
Infringe on the intellectual property or other rights of any third party; or
Send unsolicited promotional or advertising material (spam) through or about our Services.
Any breach of these rules may result in immediate termination of access to our Services and any legal remedies available to us.
WARRANTIES AND INDEMNITIES
Our Services are provided on an ‘as is’ basis. While we are committed to supporting you through pregnancy, birth, and postpartum, we do not guarantee any specific outcomes or results from your participation. Your experience will depend on your individual circumstances, engagement, and commitment to following guidance and support offered. Any testimonials, examples, or feedback from past clients are for illustrative purposes only and do not promise similar results.
You acknowledge that you engage in our Services at your own risk. To the fullest extent permitted by law, Te Whānau Doula is not responsible for, and cannot be held liable for:
Any loss, injury, or damage arising from your participation in our Services;
Your inability to access or use our Services for any reason;
Any reliance on advice, suggestions, or recommendations provided during Services, whether from us or other participants;
Any third-party content, products, or services accessed as part of or alongside our Services;
Changes, cancellations, or postponements of sessions, workshops, or appointments due to unforeseen circumstances;
Loss or damage to property, income, data, or personal information resulting from participation in Services.
Our liability for any breach of statutory consumer guarantees under Australian Consumer Law is limited to the remedies available under that legislation.
By engaging with our Services, you agree to indemnify and hold Te Whānau Doula harmless against any claims, liabilities, or expenses arising from your breach of these Terms or misuse of our Services.
YOUR INDEMNITY TO US
To the fullest extent permitted by law, you agree to indemnify and hold harmless Te Whānau Doula, including our directors, employees, contractors, affiliates, guest doulas, and venue operators, from any loss, liability, claim, or demand (including reasonable legal fees on a full indemnity basis) arising from:
Your use of our Services, Materials, or Website in breach of these Terms;
Any breach of your representations, warranties, or obligations under these Terms; or
Any violation of applicable laws or the rights of a third party.
This means that if your actions result in a claim against us, you agree to cover any resulting costs, including legal fees, so we are not left out of pocket.
INFORMATION, ADVICE, AND DISCLAIMER
The content, guidance, and resources provided as part of our Services are for general informational purposes only and are not a substitute for professional advice. We are not medical, legal, or financial practitioners, and the Services should not be relied upon as such.
While we provide support, education, and resources based on experience and best practice in birth and postpartum care, individual outcomes may vary. Any examples, testimonials, or stories shared by past clients or participants are illustrative of potential experiences only and do not guarantee specific results.
It is your responsibility to assess whether the Services are appropriate for your individual circumstances. We recommend seeking professional advice where needed. We reserve the right to suspend or terminate access to our Services if we believe that participation may not be suitable for you or that professional guidance should be sought.
Any references to third-party products, services, programs, or resources within the Services are for informational purposes only and do not constitute endorsement, sponsorship, or recommendation by Te Whānau Doula.
COMPETITORS ARE EXCLUDED
You may not access or use any of our materials, resources, or Services in any way that directly or indirectly competes with Te Whānau Doula. We reserve the right, at our sole discretion, to deny access to any person or entity who we reasonably believe is using, or intends to use, our content, documents, products, or Services for competitive purposes.
INTERNATIONAL USERS
Our Services are provided from within Australia. If you access our Site or use our Services from outside Australia, you are responsible for complying with all local laws, including those relating to taxes or other obligations connected to your purchase. You agree not to use any Materials, resources, or content from our Services in any way that would violate the laws or regulations of your country or territory.
PRIVACY POLICY
When you apply for or participate in our Services, we may collect certain personal information (such as your name, email, phone number) and sensitive information (such as health details or financial information).
Your privacy is very important to us. We will only use your personal information to provide the Services, communicate with you regarding your participation, and deliver any entitlements related to the Services.
If you wish to withdraw your consent to receive email communications, you can unsubscribe at any time.
All personal information you provide will be handled in accordance with our Privacy Policy, which is available on our website.
ELECTRONIC COMMUNICATIONS AND ELECTRONIC SIGNATURES
You acknowledge and agree that any affirmation, acceptance, or agreement transmitted through our website or other electronic means such as consenting to receive communications from us, will be legally binding.
By clicking or ticking options such as “I agree,” “I consent,” or similar, using any electronic device (mobile phone, tablet, desktop, laptop, or other), your agreement and/or consent is considered valid and enforceable, and is as effective as if you had signed a document by hand.
VALIDITY
Whenever possible, each provision of these Terms will be interpreted in a way that is effective and enforceable under applicable law. If any provision is found to be invalid or unenforceable, the rest of the Terms will remain in full force and effect, and the invalid or unenforceable provision will be replaced with a valid or enforceable provision that most closely reflects the original intent.
ASSIGNMENT
You may not assign, transfer, or otherwise deal with any of your rights or obligations under these Terms without our prior written consent. We reserve the right to assign, novate, or otherwise deal with any of our rights or obligations under these Terms at our sole discretion, without requiring your consent.
ENTIRE AGREEMENT
These Terms constitute the entire agreement between you and Te Whānau Doula regarding the Services and supersede any prior agreements, understandings, or communications, whether written or oral.
GOVERNING LAW AND JURISDICTION
These Terms and your use of our Services are governed by the laws of New South Wales, Australia. You agree to submit to the exclusive jurisdiction of the courts of New South Wales for any disputes arising under or in connection with these Terms.