The Birthing Institute Pty Ltd is an Australian company located at 3 Moran Close, Main Arm 2482 Australia, with ABN 51 155 526 917 and can be contacted via email on info@shebirths.com. These terms of use govern your use of this site, which is provided by our company, The Birthing Institute.

By accessing this site, you are indicating your acknowledgment and acceptance of these terms of use. These terms of use are subject to change by our company at any time in its discretion. your use of this site after such changes are implemented constitutes your acknowledgment and acceptance of the changes. Please consult these terms of use regularly. We may, at any time, and at our sole discretion, modify these Terms and Conditions of Use, including our Privacy Policy, with or without notice to the User. Any such modification will be effective immediately upon public posting. Your continued use of our Service and this Site following any such modification constitutes your acceptance of these modified Terms.

Upon purchasing a Weekend Course or paying a deposit towards a Weekend Course you are agreeing to The Birthing Institute’s COVID Plan.

Podcast Disclaimer

The only purpose of this podcast (The She Births® Show) is to educate and to inform. It is no substitute for professional care by a doctor or other qualified medical professional. This podcast is provided on the understanding that it does not constitute medical or other professional advice or services. The Birthing Institute assumes no liability for any of your activities in connection with this podcast or for your use of this podcast in connection with your Web site, computer or playing device.

Product Delivery

Upon purchase, you will receive an email with a link to a direct download for your product or access to the members area. If you do not receive this it is your responsibility to contact us via phone or email.

Product Purchases

Upon purchasing a Weekend Course or paying a deposit towards a Weekend Course you are agreeing to The Birthing Institute’s COVID Plan

Charges from this site will appear as The Birthing Institute on your credit card statement. When you are purchasing from this site you agree to be billed either as a one-off transaction, or recurring subscription, depending on the product you have purchased.

During uncertain times we need to adhere to Government guidelines. This could mean that a group face to face course becomes a private course, a face to face course with restricted numbers, a group live zoom course or a full online course with private consultation. If you are in lockdown, live in an area that has been declared a hotspot, borders have been closed and you are unable to attend a face to face course, alternatives will be provided for you. Your health and safety are of the utmost importance to us. Please note that no refunds will be made available if these changes occur as there is NO material change to our services.

Returns Policy

Weekend Course refunds

She Births® is committed to supporting families through education as well as our unique technology platform and private community. By engaging with any of our antenatal programs, you will be given information and exclusive access that will help you create a beautiful birth, no matter what unfolds.

A non-refundable deposit of $397 is paid per couple when booking any Weekend Course. Spaces are strictly limited in all of these programs. The deposit, along with your completed registration form, will give you access to the She Births® Online Resources so you can begin to engage with our unique curriculum and practices.

Upon purchasing any course with us, you will be accepting Terms and Conditions stating that a deposit is non-refundable and any balance of payment is only ever refunded at the discretion of The Birthing Institute. According to the ACCC and NSW Fair Trading, She Births® does not have to return any balance of payment unless fair reason and a medical certificate is supplied at least 48 hours before the course. We have the right to refuse a refund request and if a refund is accepted, a cancellation fee will be charged.

No show without any form of communication will not be refunded. The ACCC clearly states that you can not cancel your course if you fail to explain your needs to the provider within a reasonable time period.

If a booking is cancelled within four weeks of a course date, the remaining balance will only be returned at the discretion of The Birthing Institute when the place has been filled by another couple. She Births® will make every effort to fill that space and refund the balance of payment only. A deposit will be retained to cover administration and/or marketing costs to find a replacement.

We are aware that difficult circumstances can occur, but please note we do NOT offer refunds for a ‘change of mind’. Depending upon the circumstances surrounding the need to cancel or reschedule, it is expected that individuals take responsibility to appropriately communicate to She Births® and make alternate arrangements such as booking a private course or changing to an online course either for a vaginal or c-section birth. The Birthing Institute reserves the right to make alternative arrangements for you should the need arise and can transfer your access to an online program.

Online Courses

Our Online Courses are available to all participants for 12 months from the date of purchase.

Requests for refunds are only considered if the request is received within 30 days of purchase, and a legitimate reason is given in terms of your satisfaction with the curriculum. We do not offer a ‘Change of mind’ refund.

She Births® reserves the right to refuse refunds for our technology products and will charge a cancellation fee if the request for a refund is approved.

Products refunds

We are happy to exchange for another item, subject to availability should your item be proven to be faulty and if the request is received within 30 days of purchase and the product has not been damaged by use. Exchanges can take up to 10 business days to process. We do not offer a ‘change of mind’ refund. Should we need to refund an item, a cancellation fee will be charged, and customers are liable for the cost of returning the product via post. We will accept up to one exchange per order.

In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of any products and services available through our site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labour disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.

What if I am having a c-section.

Contrary to what some people believe; you DO have options and need empowering knowledge when having a c-section. Your choices can have a considerable effect on your state of mind as you birth, your comfort, the atmosphere of the room and your baby’s introduction to the world. You prepare well for important events in your life and are used to making empowered choices… a belly birth should be no different!

All of the following tools and techniques videos apply to your birth, and the whole following education curriculum, including principles and hormones, will help you with a positive mindset. Within our Belly Birth Online Course you can discover even more.

All four breathing techniques (some mums even push during a c-section birth)
Acupressure for breastfeeding
Massage techniques prior to birth to pregnancy comfort
Nutrition for better health, recovery and understanding your baby’s microbiome
Three visualisations (Some mums write their positive birth visualisation based on visualisation #4. Listen to ‘scripting your birth’ podcast with Peta Kelly and utilise the music track inside your app/Spotify playlist provided.)
Breastfeeding and baby-led attachment can allow you to still encourage a ‘crawl’ to the breast and make feeding easier.

Credit Card Security

All transactions are processed via a third party PCI Compliant provider called Stripe.

Access To This Site

You agree to use this site only for the lawful purposes described in more detail in the “Restrictions on Use” section below. You agree not to take any action that might compromise the security of the site, render the site inaccessible to others or otherwise cause damage to the site or the Content. You agree not to add to, subtract from, or otherwise modify the Content, or to attempt to access any Content that is not intended for you. You agree not to use the Site in any manner that might interfere with the rights of third parties. To access this site or some of the resources it has to offer, you may be asked to provide certain registration details or other information. It is a condition of your use of this site that all the information you provide on this site will be correct, current, and complete. If our Company believes the information you provide is not correct, current, or complete, we have the right to refuse you access to this site or any of its resources and to terminate or suspend your access at any time, without notice.

Restrictions On Use

This site is provided solely for non-commercial, personal use, and/or so that you may learn about our Company and the services we provide. You may not use this site for any other purpose, including any commercial purpose, without our Company’s express prior written consent. For example, you may not (and may not authorise any other party to) (i) co-brand this site, or (ii) frame this site, or (iii) hyperlink to this site, without the express prior written permission of an authorised representative of our Company. For purposes of these Terms of Use, “co-branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this site or Content accessible within this site. You agree to cooperate with our Company in causing any unauthorised co-branding, framing or hyper-linking immediately to cease.

Proprietary Information

– Trademarks. The material and Content accessible from this site, and any other World Wide Web site owned, operated, licensed, or controlled by our Company is the proprietary information of our Company or the party that provided the Content to our Company, and our Company or the party that provided the Content to our Company retains all right, title, and interest in the Content. Accordingly, the Content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of our Company, or unless authorised in writing elsewhere on our site, except that you may print out a copy of the Content solely for your personal use. You are prohibited from using any of the marks or logos appearing throughout the site without the express written permission of our Company.

– Copyrights. This site and its Content are protected by Australian and/or foreign copyright laws and belong to the Company or its partners, affiliates, contributors or third parties. The copyrights for the Content are owned by the Company or other copyright owners who have authorised their use on this site. You may download and reprint Content for non-commercial, non-public, personal use only (If you are browsing this site as an employee or member of any business or organisation, you may download and reprint Content only for educational or other non-commercial purposes within your business or organisation, except as otherwise permitted by the Company, for example in certain password-restricted areas of the site). You may not manipulate or alter in any way images or other Content on the site.

Hyperlinks

This site may be hyper-linked to other sites which are not maintained by, or related to, our Company. The inclusion of any hyper-link to a third-party site does not imply endorsement, sponsorship or recommendation by our Company of that site. Hyper-links to such sites are provided as a service to users and are not sponsored by or affiliated with this site or our Company. Our Company has not reviewed any or all of such sites and is not responsible for the content of those sites. Our Company also makes no representations about the availability of hyper-linked sites. Hyper-links are to be accessed at the user’s own risk, and our Company makes no representations or warranties about the content, completeness or accuracy of these hyperlinks or the sites hyper-linked to this site. If you hyperlink to a site, please be aware that you will leave our Company’s website and will become subject to the rules and conditions of the linked site(s). We recommend that you make yourself aware of the Terms of Use of any sites you link to from our Company’s site.

Submissions

You hereby grant to our Company the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information communicated to our Company through this site (together, hereinafter known as the “Submission”), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. Our Company will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future Company operations. By making a Submission, you are guaranteeing to us that you have the legal right to post the content in the Submission and that it will not violate any law or the rights of any person or entity. Our Company will treat any personal information that you submit through this site in accordance with its Privacy Policy as set forth on this site.

Child Safety

Protecting the online privacy of children is especially important to us, and those under the age of 13 are protected by federal law. For that reason, our Company does not knowingly permit children under the age of 13 to become registered members of our sites or to buy goods and services on our sites, without verifiable parental consent. Our Company does not knowingly collect or solicit personal information about children under 13, except with their parent’s express consent. If we ever include children under the age of 13 as part of our intended site audience, those specific web pages will, in accordance with the provisions of the Children’s Online Privacy Protection Act (COPPA), be clearly identified and provide an explicit privacy notice; and we will provide processes to obtain parental approval, provide access to information and allow parents to request removal of their children’s personal information.

Downloading Materials

You understand that our Company cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this site for the reconstruction of any lost data. Our Company does not assume any responsibility or risk for your use of the Internet.

– Disclaimer. The company makes no express or implied warranties, representations or endorsements whatsoever with respect to the site, the service or the content. the company expressly disclaims all warranties of any kind, express, implied, statutory or otherwise, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, with regard to the site, the service, the content, and any product or service furnished or to be furnished via the site. the company does not warrant that the functions performed by the site or the service will be uninterrupted, timely, secure or error-free, or that defects in the site or the service will be corrected. the company does not warrant the accuracy or completeness of the content, or that any errors in the content will be corrected. the site, the service, and the content are provided on an “as is” and “as available” basis.

Limitation On Liability

Company, its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers, and directors will not be liable for any incidental, direct, indirect, punitive, actual, consequential, special, exemplary, or other damages, including loss of revenue or income, pain and suffering, emotional distress, or similar damages, even if company has been advised of the possibility of such damages. in no event will the collective liability of company and its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers, and directors, to any party (regardless of the form of action, whether in contract, tort, or otherwise) exceed the greater of $100 or the amount you have paid to company for the applicable content, product or service out of which liability.

Indemnity

You will indemnify and hold Company, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (hereinafter known as the “Indemnified Parties”) harmless from any breach of these Terms of Use by you, including any use of Content other than as expressly authorised in these Terms of Use. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorised use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorney’s fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this site. Information you provide You may not post, send, submit, publish, or transmit in connection with this site any material that:

you do not have the right to post, including proprietary material of any third party;
advocates illegal activity or discusses an intent to commit an illegal act;
is vulgar, obscene, pornographic, or indecent;
does not pertain directly to this site;
threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive;
seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
infringes any intellectual property or other rights of any entity or person, including violating anyone’s copyrights or trademarks or their rights of publicity;
violates any law or may be considered to violate any law;
impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
advertises any commercial endeavour (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorised on this site;
solicits funds, advertisers or sponsors;
includes programs which contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;
disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via this site;
includes MP3 format files;
amounts to a ‘pyramid’ or similar scheme;
disobeys any policy or regulations established from time to time regarding use of this site or any networks connected to this site;
contains hyper-links to other sites that contain content that falls within the descriptions set forth above.

Although under no obligation to do so, our Company reserves the right to monitor use of this site to determine compliance with these Terms of Use, as well as the right to remove or refuse any information for any reason. Notwithstanding these rights, you remain solely responsible for the content of your Submissions. You acknowledge and agree that neither Company nor any third party that provides Content to Company will assume or have any liability for any action or inaction by Company or such third party with respect to any Submission.

Security

Any passwords used for this site are for individual use only. You will be responsible for the security of your password (if any). Company will be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that Company considers insecure, Company will be entitled to require the password to be changed and/or terminate your account. You are prohibited from using any services or facilities provided in connection with this site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, Company reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents. Company reserves the right to investigate suspected violations of these Terms of Use. Company reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Company to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Use. By accepting this agreement you waive and hold harmless company from any claims resulting from any action taken by company during or as a result of its investigations and/or from any actions taken as a consequence of investigations by either the company or law enforcement authorities.

Miscellaneous

These Terms of Use will be governed and interpreted pursuant to the laws of (New South Wales) NSW, Australia, notwithstanding any principles of conflicts of law. You specifically consent to personal jurisdiction in NSW connection with any dispute between you and Company arising out of these Terms of Use or pertaining to the subject matter hereof. The parties to these Terms of Use each agree that the exclusive venue for any dispute between the parties arising out of these Terms of Use or pertaining to the subject matter of these Terms of Use will be in the state and/or federal courts in Sydney, NSW. If any part of these Terms of Use is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. These Terms of Use constitute the entire agreement between the parties relating to this subject matter. Notwithstanding the foregoing, any additional terms and conditions on this site will govern the items to which they pertain. Company may revise these Terms of Use at any time by updating this posting.

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