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Terms of Use

Last updated: June 24, 2025

Agreement to Our Legal Terms

We are The Byron Doula ('Company', 'we', 'us', or 'our'), a company registered in Australia at 72 North Creek Road, Lennox Head, New South Wales 2478. Our ABN is 67 196 308 961.

We operate the website www.thebyrondoula.com (the 'Site'), as well as any other related products and services that refer or link to these legal terms (collectively, the 'Services').

You can contact us at contact@thebyrondoula.com or by mail to 72 North Creek Road, Lennox Head, New South Wales 2478, Australia.

These Legal Terms constitute a legally binding agreement between you and The Byron Doula concerning your access to and use of the Services. By accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. If you do not agree with all of these Legal Terms, you are expressly prohibited from using the Services and you must discontinue use immediately.

We reserve the right to make changes to these Legal Terms at any time. We will alert you by updating the 'Last updated' date. Your continued use of the Services after any revision constitutes acceptance of the updated terms. The Services are intended for users who are at least 18 years old.

Table of Contents

  1. Our Services
  2. Intellectual Property Rights
  3. User Representations
  4. Purchases and Payment
  5. Policy
  6. Prohibited Activities
  7. User Generated Contributions
  8. Contribution Licence
  9. Third-Party Websites and Content
  10. Services Management
  11. Privacy Policy
  12. Term and Termination
  13. Modifications and Interruptions
  14. Governing Law
  15. Dispute Resolution
  16. Corrections
  17. Disclaimer
  18. Limitations of Liability
  19. Indemnification
  20. User Data
  21. Electronic Communications, Transactions, and Signatures
  22. SMS Text Messaging
  23. Miscellaneous
  24. Contact Us

1. Our Services

The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction where such use would be contrary to law or regulation. Those who access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws.

2. Intellectual Property Rights

We are the owner or licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics (collectively, the 'Content'), as well as the trademarks, service marks, and logos contained therein (the 'Marks'). Our Content and Marks are protected by copyright and trademark laws worldwide.

Subject to your compliance with these Legal Terms, we grant you a non-exclusive, non-transferable, revocable licence to access the Services and download or print a copy of any Content you have properly gained access to, solely for your personal, non-commercial use. No part of the Services, Content, or Marks may be copied, reproduced, republished, sold, or otherwise exploited for any commercial purpose without our express prior written permission.

Your submissions. By sending us any question, comment, suggestion, idea, or feedback ('Submissions'), you agree to assign to us all intellectual property rights in such Submission. You are responsible for ensuring your Submissions are not illegal, harassing, harmful, defamatory, obscene, false, or misleading.

3. User Representations

By using the Services, you represent and warrant that: (1) you have the legal capacity and agree to comply with these Legal Terms; (2) you are not a minor in your jurisdiction; (3) you will not access the Services through automated or non-human means; (4) you will not use the Services for any illegal or unauthorised purpose; and (5) your use of the Services will not violate any applicable law or regulation.

4. Purchases and Payment

We accept PayPal. You agree to provide current, complete, and accurate purchase and account information for all purchases. All payments shall be in Australian Dollars. We may change prices at any time and reserve the right to refuse any order.

5. Policy

All sales are final and no refund will be issued.

6. Prohibited Activities

You may not access or use the Services for any purpose other than that for which we make the Services available. As a user, you agree not to:

  • Systematically retrieve data to create a collection, database, or directory without written permission
  • Trick, defraud, or mislead us or other users
  • Circumvent or disable security-related features of the Services
  • Use the Services in a manner inconsistent with any applicable laws or regulations
  • Upload or transmit viruses, Trojan horses, or other harmful material
  • Engage in any automated use of the system, including data mining or scraping
  • Attempt to impersonate another user or person
  • Interfere with, disrupt, or create an undue burden on the Services
  • Copy or adapt the Services' software
  • Use the Services to advertise or offer to sell goods and services without our approval
  • Use the Services as part of any effort to compete with us

7. User Generated Contributions

The Services do not offer users the ability to submit or post content.

8. Contribution Licence

By submitting suggestions or other feedback regarding the Services, you agree that we can use and share such feedback for any purpose without compensation to you.

9. Third-Party Websites and Content

The Services may contain links to third-party websites or content. Such third-party websites and content are not investigated, monitored, or checked for accuracy by us, and we are not responsible for any third-party content accessed through the Services. If you leave the Services to access third-party websites, you do so at your own risk, and these Legal Terms no longer govern.

10. Services Management

We reserve the right to monitor the Services for violations of these Legal Terms; take appropriate legal action against anyone who violates the law or these Legal Terms; and otherwise manage the Services in a manner designed to protect our rights and property and facilitate the proper functioning of the Services.

11. Privacy Policy

We care about data privacy and security. Please review our Privacy Policy. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms. The Services are hosted in Australia. By using the Services from another region, you expressly consent to have your data transferred to and processed in Australia.

12. Term and Termination

These Legal Terms shall remain in full force and effect while you use the Services. We reserve the right, in our sole discretion and without notice or liability, to deny access to and use of the Services to any person for any reason, including breach of any representation, warranty, or covenant contained in these Legal Terms.

13. Modifications and Interruptions

We reserve the right to change, modify, or remove the contents of the Services at any time without notice. We cannot guarantee the Services will be available at all times. We will not be liable to you or any third party for any modification, suspension, or discontinuance of the Services.

14. Governing Law

These Legal Terms shall be governed by the laws of Australia. The Byron Doula and yourself irrevocably consent that the courts of Australia shall have exclusive jurisdiction to resolve any dispute arising in connection with these Legal Terms.

15. Dispute Resolution

Informal Negotiations. The Parties agree to first attempt to negotiate any Dispute informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other.

Binding Arbitration. Any dispute arising out of or in connection with these Legal Terms shall be referred to and finally resolved by the International Commercial Arbitration Court under the European Arbitration Chamber (Belgium, Brussels, Avenue Louise, 146). The seat of arbitration shall be Brisbane, Australia. The language of the proceedings shall be English. The governing law shall be the substantive law of Australia.

Restrictions. Any arbitration shall be limited to the Dispute between the Parties individually. No arbitration shall be joined with any other proceeding, and there is no right to arbitrate on a class-action basis.

Exceptions. The following Disputes are not subject to the above provisions: (a) disputes concerning the validity of intellectual property rights; (b) disputes relating to allegations of theft, piracy, invasion of privacy, or unauthorised use; and (c) claims for injunctive relief.

16. Corrections

There may be information on the Services that contains typographical errors, inaccuracies, or omissions. We reserve the right to correct any errors and to change or update the information on the Services at any time without prior notice.

17. Disclaimer

THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT AND WILL ASSUME NO LIABILITY FOR ANY ERRORS, PERSONAL INJURY, PROPERTY DAMAGE, UNAUTHORISED ACCESS, INTERRUPTIONS, OR OTHER LOSSES ARISING FROM YOUR USE OF THE SERVICES.

18. Limitations of Liability

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE SERVICES. OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING.

19. Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand arising out of: (1) your use of the Services; (2) breach of these Legal Terms; (3) any breach of your representations and warranties; (4) your violation of the rights of a third party; or (5) any overt harmful act toward any other user of the Services.

20. User Data

We will maintain certain data that you transmit to the Services for the purpose of managing performance of the Services. Although we perform regular routine backups, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. We shall have no liability to you for any loss or corruption of such data.

21. Electronic Communications, Transactions, and Signatures

Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications and agree that all agreements, notices, and other communications we provide electronically satisfy any legal requirement that such communication be in writing. You hereby agree to the use of electronic signatures, contracts, orders, and records.

22. SMS Text Messaging

Program Description. By opting into any Nathalie Solis Perez text messaging program, you expressly consent to receive SMS messages to your mobile number, including appointment reminders and responses to inquiries.

Opting Out. To stop receiving SMS messages, please email contact@thebyrondoula.com.

Message and Data Rates. Message and data rates may apply. Rates are determined by your carrier and your mobile plan.

Support. For questions about SMS communications, email contact@thebyrondoula.com.

23. Miscellaneous

These Legal Terms and any policies or operating rules posted by us on the Services constitute the entire agreement between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. If any provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision is deemed severable and does not affect the validity of any remaining provisions. There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Legal Terms.

24. Contact Us

To resolve a complaint or receive further information regarding use of the Services, please contact us at:

The Byron Doula
72 North Creek Road
Lennox Head, New South Wales 2478
Australia
contact@thebyrondoula.com