Last Updated: May 26, 2025
Welcome to www.clarityandcompassiondoula.com (the "Website"), operated by Clarity & Compassion: Birth Journey Services, a business registered in Newfoundland and Labrador, Canada ("we," "us," or "our"). By accessing or using our Website, you ("you" or "User") agree to be bound by these Terms and Conditions ("Terms"). If you do not agree with these Terms, you must not use our Website.
These Terms govern your access to and use of the Website, including any content, functionality, and services (such as doula consultations, educational resources, or booking services) offered on or through the Website. Please read these Terms carefully before using the Website.
1. Acceptance of Terms
By accessing or using the Website, you confirm that you are at least 19 (the age of majority in Newfoundland and Labrador) and have the legal capacity to enter into a binding agreement. If you are accessing the Website on behalf of an organization or another individual, you represent that you have the authority to bind that entity or individual to these Terms.
We reserve the right to modify or update these Terms at any time, at our sole discretion. Changes will be effective immediately upon posting to the Website. Your continued use of the Website after any changes constitutes your acceptance of the updated Terms. It is your responsibility to review these Terms periodically.
2. Use of the Website
2.1 Eligibility
You may only use the Website if you comply with these Terms and all applicable federal, provincial, and local laws in Canada. If you are under 19, you may only use the Website with the consent of a parent or legal guardian.
2.2 Permitted Use
You agree to use the Website only for lawful purposes, such as obtaining information about doula services, booking consultations, or accessing educational resources. You may not:
- Use the Website in any way that violates any applicable Canadian laws, including the *Personal Information Protection and Electronic Documents Act* (PIPEDA) or provincial health regulations.
- Engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Website or which may harm us or other users.
- Use the Website to transmit unsolicited advertising or promotional material without our prior written consent.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is hosted, or any connected network.
2.3 Account Registration
Some features of the Website, such as booking services or accessing personalized content, may require you to create an account. When registering, you agree to:
- Provide accurate, current, and complete information.
- Maintain the security of your account credentials and promptly notify us of any unauthorized use or security breach.
- Accept responsibility for all activities that occur under your account.
We reserve the right to suspend or terminate your account if we believe you have violated these Terms.
3. Doula Services
3.1 Nature of Services
Clarity & Compassion: Birth Journey Services provides non-medical doula support, including emotional, physical, and informational support during pregnancy, childbirth, and the postpartum period. Our services are not a substitute for medical advice, diagnosis, or treatment from a licensed healthcare professional. You acknowledge that:
- Our doulas are not medical professionals, and we do not provide medical advice or services.
- You should consult a qualified healthcare provider for medical concerns related to pregnancy, childbirth, or postpartum care.
3.2 Service Agreements
When you book doula services through the Website, you may be required to enter into a separate service agreement outlining the scope, fees, and expectations for the services provided. These agreements are incorporated into these Terms by reference. In the event of a conflict between these Terms and a service agreement, the service agreement will prevail with respect to the specific services outlined.
3.3 Cancellations and Refunds
Cancellations and refunds for doula services are subject to the terms outlined in the applicable service agreement or our refund policy, which will be communicated at the time of booking. Unless otherwise stated, deposits for doula services are non-refundable.
4. Intellectual Property
4.1 Ownership
The Website and its entire contents, features, and functionality (including but not limited to text, graphics, logos, images, educational materials, and code) are owned by Clarity & Compassion: Birth Journey Services, its licensors, or other providers of such material and are protected by Canadian and international copyright, trademark, and other intellectual property laws.
4.2 Limited License
We grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the Website for personal, non-commercial purposes, such as learning about doula services or booking appointments. You may not:
- Copy, modify, distribute, or create derivative works of any content from the Website, including educational materials, without our prior written consent.
- Use any data mining, robots, or similar data-gathering or extraction tools on the Website.
- Remove or alter any copyright, trademark, or other proprietary notices.
4.3 User Content
If you submit content to the Website (e.g., testimonials, comments, or inquiries), you grant us a non-exclusive, worldwide, royalty-free, perpetual, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, distribute, and display such content in any media for purposes related to promoting our services or improving the Website. You represent and warrant that:
- You own or have the necessary rights to submit the content.
- The content does not violate any laws or infringe on the rights of any third party.
We reserve the right to remove or modify any user content at our discretion.
5. Privacy Policy
Your use of the Website is also governed by our [Privacy Policy](#) ([insert link to your Privacy Policy]), which is incorporated into these Terms by reference. Our Privacy Policy complies with the *Personal Information Protection and Electronic Documents Act* (PIPEDA) and outlines how we collect, use, and protect your personal information, including sensitive health-related data. Please review the Privacy Policy to understand our practices.
6. Third-Party Links and Services
The Website may contain links to third-party websites or services, such as payment processors or external resources for pregnancy and childbirth information. We are not responsible for the content, privacy policies, or practices of these third-party websites or services. You access third-party websites at your own risk and should review their terms and policies before engaging with them.
7. Payments and Fees
7.1 Payments
If you book doula services or purchase other products through the Website, you agree to provide accurate payment information and authorize us to charge the applicable fees to your chosen payment method.
7.2 Refund Policy
Refunds for doula services or other purchases are subject to the terms outlined in the applicable service agreement or our refund policy, which will be provided at the time of purchase. Unless otherwise stated, all sales are final, except where required by applicable consumer protection laws in Canada.
7.3 Taxes
All fees are exclusive of applicable federal, provincial, or other taxes (e.g., HST). You are responsible for paying any applicable taxes, which will be added to the total cost at checkout.
8. Termination
We reserve the right to suspend or terminate your access to the Website at our sole discretion, without notice, for any reason, including if we believe you have violated these Terms or engaged in conduct that may harm our reputation or operations. Upon termination, your right to use the Website will immediately cease, and we may delete your account and any associated data, subject to our obligations under PIPEDA.
9. Disclaimers and Limitation of Liability
9.1 Disclaimer of Warranties
The Website and our doula 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 but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that:
- The Website will be uninterrupted, secure, or error-free.
- The content on the Website, including educational resources, is accurate, complete, or current.
- The Website will be free of viruses or other harmful components.
9.2 Limitation of Liability
To the fullest extent permitted by law, Clarity & Compassion: Birth Journey Services, its affiliates, officers, employees, or agents will not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or emotional distress, arising out of or in connection with your use of the Website or our doula services. Our total liability for any claim arising under these Terms will not exceed the amount you paid us for services in the six (6) months preceding the claim.
9.3 Health and Safety
You acknowledge that doula services are supportive in nature and not a substitute for professional medical care. We are not liable for any health-related outcomes resulting from your reliance on information provided on the Website or through our services.
10. Indemnification
You agree to indemnify, defend, and hold harmless Clarity & Compassion: Birth Journey Services, its affiliates, officers, employees, and agents from any claims, liabilities, damages, losses, or expenses (including reasonable attorneys’ fees) arising out of or in connection with:
- Your use of the Website or our doula services.
- Your violation of these Terms.
- Your violation of any rights of a third party, including intellectual property or privacy rights.
11. Governing Law and Dispute Resolution
11.1 Governing Law
These Terms are governed by and construed in accordance with the laws of the Province of Newfoundland and Labrador and the federal laws of Canada applicable therein, without regard to conflict of law principles.
11.2 Dispute Resolution
Any disputes arising out of or relating to these Terms or your use of the Website will be resolved through binding arbitration in accordance with the rules of the Canadian Arbitration Association. Arbitration will take place in St. John’s, Newfoundland and Labrador. The prevailing party in any arbitration or legal proceeding will be entitled to recover reasonable attorneys’ fees and costs, subject to applicable law.
You agree to waive your right to participate in a class action lawsuit or class-wide arbitration against us.
12. Miscellaneous
12.1 Entire Agreement
These Terms, together with the Privacy Policy and any service agreements for doula services, constitute the entire agreement between you and us regarding your use of the Website and our services.
12.2 Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
12.3 No Waiver
Our failure to enforce any right or provision of these Terms will not constitute a waiver of such right or provision.
12.4 Assignment
You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign or transfer these Terms at our discretion.
12.5 Force Majeure
We will not be liable for any delay or failure to perform our obligations under these Terms due to events beyond our reasonable control, such as natural disasters, pandemics, or governmental actions.
13. Contact Information
If you have any questions or concerns about these Terms, please contact us at:
Clarity & Compassion: Birth Journey Services
Paradise, NL CANADA
Email: claritybirthjourneyservices@gmail.com
End of Terms and Conditions