birthEd Ltd Terms and Conditions

Last Updated February 2020

Hello!

Welcome to birthEd’s (“Company” “we” or “us” “our”) relaxed and fun way of teaching you all you need to know through our courses and website about your baby right from pregnancy, childbirth, breastfeeding, and into your early parenting years. By clicking, accessing and registering for our services on http://www.birthed.co.nz/ you (“user” “subscriber”) agree to be bound by these Terms and Conditions (Terms).  It is relevant to know that this contract is between you and birthEd and governs your relationship, use and access to our services on our website.   If you disagree or have any objections about these terms and conditions, do not engage our services such as registering for our free courses or purchasing our paid courses or reading our resources or purchasing our printable resources and most importantly kindly EXIT our website immediately.

 

Legal Capacity 

Your use of our website is conditioned on your capacity to enter a legally binding contractual relationship. User represent that he/she is:

  1. Not mentally incapacitated.
  2. 18 years of age or above.

 

Access to our Courses

After successfully registering for a course and upon being selected to attend the course, you will be granted access to the course on the particular day and time the course will be taught.  You are solely responsible for the security of your log in details (username and password) which you would use to access  the course material  and should keep it secure at all times. You are enjoined not to share your username and password with third parties as the username and password is solely meant to grant only you access to our services. We shall not share any liability that may occur from such use or misuse of your username and password. And you must inform us immediately when there has been a breach or unauthorized use of your password or username.

 

Our Courses

Our courses are solely aimed at expectant mothers and would-be fathers who would love to have more information on pregnancy, childbirth, breastfeeding and early parenting. Thus, our courses are designed and taught by qualified midwives and/or fully trained childbirth educators who only provide educational information on pregnancy, childbirth, breastfeeding and early parenting in accordance with the Maternity Professional Standards and the New Zealand Ministry of Health guidelines.

 

Non Attendance of your Course

We understand that life happens and that there may be a reason why you are you are unable to attend your course. Our courses are popular and we often have people on wait lists. For everyone to know what they are doing, we need you to give us plenty of notice if you are unable to attend your course.

Our free courses are funded by the Hutt Valley and Capital and Coast District Health Boards and your attendance determines the ongoing funding of these courses, therefore it is essential that you contact us as soon as you know you are unable to attend your course so to allow another woman on our wait list to attend.

 

Non Attendance of a session

If you are unable to attend a session please let us know by contacting our administrator or your Educator directly. We suggest you access our online resources and catch up on any topics you may have missed by logging into our website. Feel free to speak with your Educator and ask any questions you might have concerning the missed session.

 

Payment Mode

The acceptable payment mode for payment of birthEd’s courses or printable resources is Paypal account.

 

Fees/Payment

You authorise us to charge your PayPal account for our paid courses/printable resources. Payment can be made at the time of checkout with PayPal. Once your payment has been received we will send you a confirmation email.  Payments are only refundable in limited circumstances. Kindly read our cancellation and refund session below for more information on this.

 

Cancellations and Refunds

It is our policy that all transactions on our site are final due to the nature of services being provided. However, cancellations for fully paid courses which have not been attended are allowed. Cancellations must be made via phone or online on our booking system. We will acknowledge your cancellation request/notice within two working days of receipt of same.

 

Notwithstanding the acceptance of your cancellation, you may or may not be entitled to a refund. Refunds are only made in the under listed circumstances:

 

  1. 100% Refunds: Refunds on cancellations made 7 days or more in advance of the start of your course will be 100% without any deductions or a credit will be made to your account towards any future course of the same price. We require a minimum number of participants to run our courses and if for any reason, we do not reach this number, we reserve the right to cancel the course. In this instant, you will be refunded the full amount.
  2. 20% deduction: Refunds on cancellations made within 3-6 days of the start of the course will incur a 20% charge from the fees paid.

There are no refunds for cancellations made within 24 hours of the start of the course.

 

Printable Resources

Users of our services upon purchase are permitted to download and print only ONE copy of our printable resources.

 

TENS machine

We hire our TENS machine to subscribers of our services subject to the following terms:

 

  1. Machines hired and are delivered via tracked courier without cost and are returned to us without cost to the subscriber.
  2. Rental rate for TENS machine are as follows:

Timeline                                             Cost

Six weeks                                            $59.99

Check out price costs $159.99 and includes a FULL refundable $100 bond.

The fees are inclusive of shipping and GST.

 

  1. TENS machines are hired for a period of three weeks prior to the subscriber’s due date and should be returned within 21 days after the subscribers due date.
  2. Subscribers who hire the TENS machines longer than the prescribed period of return shall be obliged to pay a $10 fee per week for the additional period of hire.
  3. When returning the machines, Subscribers must put the machine and everything provided with the machine in the provided courier bag, i.e. Elle TENS unit, pack of 4 self-adhesive electrodes, three lead wires, four AA batteries, Carrying pouch, Instruction manual, Quick Start Guide and Women’s Guide.
  4. Machines hired within three weeks of a subscriber’s due date shall be delivered to the subscriber as soon as possible.
  5. Complete refunds are available for subscribers who ordered and paid for the machine, but did not receive it before she goes into labour.

 

Warranty and Representations

birthEd will always strive to be fair when providing extensive and up to date information to subscribers during the courses.  The information provided is for educational purposes ONLY and is not meant to serve as medical advice or replace the advice of your caregiver.  Information provided during our courses are meant to complement the advice of your caregiver.  birthEd does not warrant or represent to be your caregiver  or lead maternity carer or doctor and encourages you to always consult with your primary caregiver when making decisions regarding your pregnancy or taking actions with regards to your new born or when selecting the type of care you would like to receive during your pregnancy and childbirth.  birthEd warrants that it has the sole discretion of accepting or rejecting individual applications to attend any of its courses. Thus, your registration for a particular course without more, does not automatically mean an acceptance for attendance at that course. birthEd shall specifically communicate its decision on your application/registration for a particular course and shall not be liable for any assumptions you made as a result of your registration.  birthEd is not responsible or liable for any damage, loss, injury, consequential damage, loss, or injury arising out of or in connection with attendance of its courses.

 

At birthEd we assume and encourage a high level of personal responsibility by each course participant which we believe increases individual satisfaction.

 

Unforeseen Circumstances

If for any reason we need to cancel your course or a session of your course, we will notify you as soon as possible. While cancellation of a course or a session of your course will unlikely not occur, if this ever happens, we will always do our best to offer you a make-up session or an alternative course.

Spidering, Monitoring, and Interference 

You agree you will:

(1) not take any action that imposes an unreasonable or disproportionately large load or that would harm our platform.

(2) not use any robot, spider, other automatic device, or manual process to monitor or copy the pages of the Site or the Materials contained herein without the prior express written permission of birthEd;

(3) not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site.

Links to Third Party Websites

http://www.birthed.co.nz/  may contain links to third party websites. Kindly read the Terms and Conditions of the third party websites as those sites are not in any way affiliated to our site. The links are provided as a convenience to you and as an additional avenue of access to the information contained therein. We are not liable for the content of those or any other sites or any products or services that may be offered through those or any other sites.

 

Intellectual Property Rights

Our trade names, trademarks and service marks and any associated logos both registered and unregistered solely belongs to us and is protected by the Intellectual property laws of New Zealand and the International Intellectual property laws. You may not use our trade names, trademarks, service marks or logos in any manner that is likely to cause confusion. Trade names, trademarks, service marks and logos on the Service not owned by us are the property of their respective owners.

Nothing contained on our website or payment for courses and printable resource should not be construed as granting any right to use any trade names, trademarks, service marks or logos without the express prior written consent of birthEd or the respective owner of the marks.

 

Comportment

By enlisting the services provided through our Site, you agree to comply with the following standards of conduct. We cannot warrant that all users will comply with the following standards of conduct and therefore do not assume liability for any user who fails to comply with this standard of conduct.  You agree that you will not, and will not authorise or facilitate any attempt by another person or entity to:

  • Pester, hover, stalk or intentionally embarrass or cause distress to another person or entity;
  • Lobby personally identifiable information from or exploit any individual under eighteen (18) years of age;
  • Reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of any Site or use or access to the Site;
  • Invade the privacy of any person, including posting personally identifying or otherwise private or sensitive information about a person without their consent or harvesting personally identifiable information about the Sites’ users;
  • Engage in, encourage, advocate, provide instructions for or discuss with the intent to commit conduct that would constitute a criminal or civil offense or otherwise violate any federal, state, local, or international law or regulation.

 

Privacy Statement

We fully understand and respect the need for your personal information to be protected and shall not divulge or rent or sell it. All personally identifiable information gathered on our site are utilized in accordance with the Privacy Act 1993.

 

Changes

birthEd has the exclusive right to make changes to these Terms occasionally and shall inform user of such or any changes made to these Terms.

Notification of users may be by posting the modified Terms on our website inclusive of the “last revised date” or “last updated” which indicates when the Terms was last revised or updated.   Where such changes have been made and you continue to use the service after being notified of the changes, such usage will constitute an acceptance of the revised Terms.

We may, at any time and without liability, adjust or discontinue all or part of the Service; charge, modify or waive any fees required to use the Service; or offer opportunities to some or all Service users.

 

 

Disclaimer

birthEd MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE FOLLOWING:

(1)     YOUR USE OF THE SITE OR MATERIALS; OR

(2) THE CORRECTNESS, COMPLETENESS, RELIABILITY, SUITABILITY, AVAILABILITY, OR OPERATION OF THE SITE AND THE MATERIALS;

(3) ANY THIRD-PARTY PRODUCTS AND SERVICES YOU MAY OBTAIN OR ANY THIRD-PARTY WEB SITE YOU MAY ACCESS THROUGH THE SITE.

birthEd DISCLAIMS ALL WARRANTIES, CONDITIONS, TERMS, REPRESENTATIONS AND UNDERTAKINGS, EXPRESS OR IMPLIED, WHETHER ARISING BY LAW, CUSTOM, PRIOR VERBAL OR WRITTEN STATEMENTS BY birthEd, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SATISFACTORY QUALITY, NON-INFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. birthEd DOES NOT WARRANT THAT THE SITE OR THE SERVER THAT MAKES ITS SOFTWARE AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

THE USE OF THIS SITE IS AT YOUR EXCLUSIVE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND THE MATERIALS IT CONTAINS ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW.

Termination of services

We may terminate or suspend your use of the Service at any time and without prior notice, for any or no reason, including if we believe that you have violated or acted inconsistently with these Terms. Upon such termination or suspension, your right to use the Service will immediately cease, and we may, without liability to you or any third party, immediately block your associated device(s) from accessing or using the Service, and deactivate or delete your user name, password and account, and all associated materials, without any obligation to provide any further access to such materials or contents.

 

Disputes among Users

We will not be accountable for any failure to satisfy any obligation due to any cause beyond its control. Specifically, we are not liable for any dispute which arises amongst users i.e. between course participants during attendance of a session. Users are enjoined to relate cordially with each other and find an amicable way to resolve any difference of opinion which has snowballed into a dispute.

 

Applicable Law

These Terms is governed by the laws of New Zealand regardless of your location.

All disputes arising out of or related to this agreement or any aspect of the relationship between you and us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, will be resolved through final and binding arbitration before a neutral arbitrator instead of in a court by a judge or jury

You agree that any arbitration under these terms will take place on an individual basis; class arbitrations and class actions are disallowed, and you agree to give up the ability to participate in a class action.

Ask us

If you have any inquiries or questions which you would like us to answer, send  an email to admin@birthed.co.nz  or call us on our mobile 0272453541 and we will definitely answer your questions.