Please read this Agreement carefully before using this website.
This web page represents a legal document and is the Terms of Service and Use Agreement (“Agreement”) for Consciousbirth.ca (“Website”), as owned and operated by Joanne Fisher, Sole Proprietor, doing business as Consciousbirth.ca and/or Conscious Birth & Wellness. By using our Website, you agree to fully comply with and be bound by the following Agreement each time you use our Website. Please review the following terms carefully.
Consciousbirth.ca provides a public service to individuals who may access the Consciousbirth.ca website (“Users”) for health, pregnancy and birth information and services. This Terms of Service and Use Agreement applies specifically to services provided to Users, and does not apply to Members or Facilities.
1. Definitions
“Consciousbirth.ca,” are online services operated by Joanne Fisher, Sole Proprietor, consisting of information services and content provided by Consciousbirth.ca, affiliates of Consciousbirth.ca, Members, Users, and other third parties.
2. General
(A) Consciousbirth.ca is not intended to be a substitute for professional advice, diagnosis, treatment, medical treatment, psychotherapy, counselling, or mental health services but is intended to be used in collaboration with other professional services. Users should always seek the advice of a physician, licensed mental health provider, or other qualified health provider with any questions regarding any mental health or medical symptoms or conditions. Never disregard professional psychological, mental health, or medical advice or delay in seeking evaluation or treatment because of something you have read or seen on Consciousbirth.ca
(B) Consciousbirth.ca cannot and does not provide any warranties related to the information contained in or resulting services. Information accessed through the Consciousbirth.ca is provided “AS IS” and without any warranty, either expressed or implied, including, but not limited to, any implied warranty of merchantability or fitness.
(C)Consciousbirth.ca shall have the right at any time to change or discontinue any aspect or feature of Consciousbirth.ca, including, but not limited to, content, hours of availability, and equipment needed for access or use.
(D) This Agreement, which incorporates by reference other provisions applicable to User’s use of Consciousbirth.ca, sets forth the terms and conditions that apply to User’s use of Consciousbirth.ca. By using Consciousbirth.ca, User agrees to comply with all of the terms and conditions hereof. The right to use Consciousbirth.ca is personal to User and is not transferable to any person or entity.
3. Changed Terms
Consciousbirth.ca shall have the right at any time to change or modify the terms of service and any conditions applicable to User’s use of Consciousbirth.ca, or any part thereof, or to impose new conditions, including but not limited to, adding or increasing fees and charges for use. Such changes, modifications, additions, or deletions shall be effective immediately upon notice, which may be given by any means including, but not limited to, posting on Consciousbirth.ca, or by electronic or conventional mail, or by any other means by which User obtains notice thereof. Any use of Consciousbirth.ca by User after such notice shall be deemed to constitute acceptance by User of such changes, modifications, or additions.
4. Equipment
User shall be solely responsible for obtaining and maintaining all telephone, computer hardware, mobile devices and other equipment needed for access to and use of Consciousbirth.ca and all charges related thereto.
5. User Conduct
(A) User shall use Consciousbirth.ca for lawful purposes only. User shall not post or transmit through Consciousbirth.ca any material which violates or infringes in anyway upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law, or which contains advertising or any solicitation with respect to products or services.
Any conduct by a User that in the sole discretion of Consciousbirth.ca restricts or inhibits any User, Member, or Facility from using or enjoying Consciousbirth.ca will not be permitted. User shall not useConsciousbirth.ca to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become users of other on-line information services competitive with Consciousbirth.ca
(B)Consciousbirth.cacontains copyrighted material, trademarks, and other proprietary information, including, but not limited to, text, software, photos, video, graphics, and sound. The entire contents of Consciousbirth.ca are copyrighted as a collective work under Canadian copyright laws.
Consciousbirth.ca owns a copyright in the selection, coordination, arrangement, and enhancement of such content, as well as in the content original to it. User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part.
User may download copyrighted material for User’s personal use only provided that the following notice is included on such materials: “Copyright, Consciousbirth.ca” Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication, or commercial exploitation of downloaded material will be permitted without the express written permission of Consciousbirth.ca and the copyright owner.
In the event of any permitted copying, redistribution, or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend, or copyright notice shall be made. User acknowledges that it does not acquire any ownership rights by downloading copyrighted material.
(C) User shall not upload, post, or otherwise make available on Consciousbirth.ca any material protected by copyright, trademark, or other proprietary right without the express permission of the owner of the copyright, trademark, or other proprietary right and the burden of determining that any material is not protected by copyright rests with User. User shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission.
By submitting, adding or uploading material (comments, reviews, testimonials etc) to any public area of Consciousbirth.ca, User automatically grants, or warrants that the owner of such material has expressly granted Consciousbirth.ca the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or hereafter developed for the full term of any copyright that may exist in such material.
User also permits any other User to access, view, store, or reproduce the material for that User’s personal use. User hereby grants Consciousbirth.ca the right to edit, copy, publish, and distribute any material made available on Consciousbirth.ca by User.
(D) The foregoing provisions of Section 5 are for the benefit of Consciousbirth.ca, its subsidiaries, affiliates, and its third party content providers and licensers and each shall have the right to assert and enforce such provisions directly or on its own behalf.
6. Contributions
By submitting any content or written work (hereafter “Work”), including comments, articles, and other written Work to Consciousbirth.ca, You, the User, hereby grant to Consciousbirth.ca the exclusive rights to the Work under the terms herein.
- You grant to Consciousbirth.ca the irrevocable, transferrable, and exclusive worldwide right in and to the Work to copy, print, publish, broadcast, distribute, display, revise, edit, manipulate, create derivative works of, and use, in any media now known or hereafter developed, including, but not limited to, digital media available through the World Wide Web, without limitation and without any further compensation. You agree that Consciousbirth.ca may republish and display the Work in conjunction with the works of others, including written works and photographic works, to be chosen at the sole discretion of Consciousbirth.ca
- To the extent any applicable law or treaty prohibits the transfer or assignment of any moral rights or rights of restraint you have in the Work, You hereby waive those rights as to Consciousbirth.ca, its successors, licensees or assigns. You hereby waive any rights of attribution in and to the Work.
- You agree not to republish the Work anywhere else on the Internet unless Consciousbirth.ca declines to publish the Work and has provided a written notice of rejection. You acknowledge that if the Work is published on any other website, Consciousbirth.ca may, at its sole discretion, remove the Work from the Consciousbirth.ca website and other websites operated by Consciousbirth.ca where the Work has been published.
- You acknowledge that Consciousbirth.ca has the right and ability to edit the Work, change any formatting, modify titles, and make any change which it deems necessary in its sole discretion.
- Prior to submitting the Work, You shall identify any and all previously copyrighted material used or cited in the Work. You represent and warrant that you have obtained the written permission of all other copyright owners and have the right and ability to transfer such rights to GoodTherapy.org.
- You warrant and represent that you are the sole author of the Work, that You have the full right, power, and authority to grant the rights herein, and that the rights have not heretofore been assigned or otherwise encumbered and are in all respects free and clear; that the Work is my original creation and has not been published before in whole or in part, is NOT in the public domain, and does NOT infringe the copyright or any other proprietary right of any other party; and that the Work contains no material that is defamatory, libelous, obscene, violates any right of privacy, or is otherwise contrary to law.
7. Disclaimer of Warranty; Limitation of Liability
(A) User expressly agrees that use of Consciousbirth.ca is at User’s sole risk. Neither Consciousbirth.ca, its affiliates nor any of their respective officers, directors, employees, agents, third party content providers, or licensers warrant that Consciousbirth.ca will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of Consciousbirth.ca, or as to the accuracy, reliability, or content of any information, service, or merchandise provided through Consciousbirth.ca.
(B) Consciousbirth.ca is provided on an “AS IS” basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchant ability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction, or modification under the laws applicable to this agreement.
(C) This disclaimer of liability applies to any damages or injury caused by any failure of performance, negligence, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action.
User specifically acknowledges that Consciousbirth.ca is not liable for the defamatory, offensive, or illegal conduct of other Users, Members, Facilities, or third parties and that the risk of injury from the foregoing rests entirely with User.
(D) In no event will Consciousbirth.ca, or any person or entity involved in creating, producing, or distributing Consciousbirth.ca, be liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential, or punitive damages arising out of the use of or inability to use Consciousbirth.ca. User hereby acknowledges that the provisions of this section shall apply to all content on Consciousbirth.ca
(E) In addition to the foregoing, neither Consciousbirth.ca, nor its affiliates, information providers, or content partners shall be liable regardless of the cause or duration, for any errors, inaccuracies, omissions, or other defects in, or untimeliness or unauthenticity of, the information contained within Consciousbirth.ca, or for any delay or interruption in the transmission thereof to the User, or for any claims or losses arising therefrom or occasioned thereby. None of the foregoing parties shall be liable for any third-party claims or losses of any nature, including, but not limited to, lost profits, punitive or consequential damages. Neither Consciousbirth.ca, nor its affiliates, information providers, or content partners warrant or guarantee the timeliness, sequence, accuracy, or completeness of this information. Additionally, there are no warranties as to the results obtained from the use of the information.
8. Monitoring
Consciousbirth.ca shall have the right, but not the obligation, to monitor the content of Consciousbirth.ca, including blogs, forums, Member profiles, user emails to members and any other content area of Consciousbirth.ca, to determine compliance with this Agreement and any operating rules established byConsciousbirth.ca and to satisfy any law, regulation, or authorized government request. Consciousbirth.ca shall have the right in its sole discretion to edit, refuse to post, or remove any material submitted to or posted on Consciousbirth.ca. Without limiting the foregoing,Consciousbirth.ca shall have the right to remove any material that Consciousbirth.ca, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
9. Indemnification
User agrees to defend, indemnify, and hold harmless Consciousbirth.ca, its affiliates, and their respective directors, officers, employees, and agents from and against all claims and expenses, including attorneys’ fees, arising out of the use of Consciousbirth.ca by User or User’s Account.
10. Termination
Consciousbirth.ca may terminate this Agreement at any time. Without limiting the foregoing, GoodTherapy.org shall have the right to immediately terminate User’s Account or to block access via IP address in the event of any conduct by User which Consciousbirth.ca, in its sole discretion, considers to be unacceptable, or in the event of any breach by User of this Agreement. The provisions of Sections 5(B), 5(C), 5(D), 7, 9, and this Section 10 shall survive termination of this Agreement.
11. Trademarks
Consciousbirth.ca and each of their logos are trademarked. All rights are reserved. All other trademarks appearing on Consciousbirth.ca are the property of their respective owners. Your use of our Website or Service does not grant you right or license to use any logos or trademarks as found herein.
12. Third Party Content
Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, Consciousbirth.ca Blog authors, Users, Members, Facilities or any other User of Consciousbirth.ca are those of the respective author(s) or distributor(s) and not of Consciousbirth.ca
Neither Consciousbirth.ca nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchant ability or fitness for any particular purpose. (Refer above for the complete provisions governing limitation of liabilities and disclaimers of warranty.)
Under no circumstances will Consciousbirth.ca be liable for any loss or damage caused by a User’s reliance on information obtained through Consciousbirth.ca. It is the responsibility of User to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, or other content available through Consciousbirth.ca. Please seek the advice of licensed medical or mental health professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice, or other content.
13. Advertising Disclosures and Representations
Consciousbirth.ca may at times advertise on other websites not owned or controlled by Consciousbirth.ca. In such cases it is the responsibility of the other website to make any disclosures or representations about such advertising, which may be required by law.
14. Children’s Privacy
Consciousbirth.ca is not intended or designed to attract persons under the age of 13. We do not collect information from any person we actually know is under the age of 13.
15. Advertisements and Links
Consciousbirth.ca does endorse the content on third-party websites. Consciousbirth.ca is not responsible for the content of linked third-party sites, sites framed within Consciousbirth.ca, or third-party advertisements, and does not make any representations regarding their content or accuracy.
User use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites. Consciousbirth.ca is a participant in the Amazon Services Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to amazon.ca.
16. Payments
You represent and warrant that when you make a payment to Consciousbirth.ca as part of our Service or for purchasing our Products or Services that (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honored by your bank or credit card company, (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes, and (iv) if your initial payment method is dishonored, you will still pay the charges incurred, including any surcharge we may incur due to such dishonored payment.
User acknowledges that Consciousbirth.ca does not save or maintain any credit card information on the Consciousbirth.ca server and instead uses Payfirma, Stripe, PayPal and/or Gratify to store credit card information and process credit card transactions via a secure and encrypted SSL page to ensure the highest safety for all transactions.
17. Payment Charge-Backs
While we actively support fighting payment fraud, Consciousbirth.ca has a zero-tolerance policy regarding payment charge-backs and asks that you contact us if you have an issue with our Service or our Products.
18. ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel elements within a package purchased per person, per household or per order. If purchasing a birth package with on-call birth support please verify Joanne is able to accept on call for your estimated due date window of 38-42 weeks and have been approved as a birth support client. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
18. Refund Policy
Consciousbirth.ca does not offer refunds for services already rendered. By law, you have the right to cancel within 3 business days of purchase for services not yet provided. When cancelling under this provision, any fees collected will be refunded in full so long as you give notice to Consciousbirth.ca administration at (306) 341-3695 by midnight Pacific time on the third business day after the date of purchase. We may offer refunds or transfer of services for partial packages not yet used, subject to our discretion and in collaboration with Gratify pay as required.
19. Miscellaneous
You understand that this Agreement, our Website, and our Service are governed by the laws of the Province of Saskatchewan, without regard to its conflict of law principles. You agree that the City of Saskatoon, and The Veranda, in which Consciousbirth.ca is located, shall be the forum for any legal action relating to our Website, Content, or Service. Any cause of action by you with respect to our Website, Content, or Service, must be instituted within one (1) year after the cause of action arose or be forever waived and barred. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that any Content is in conflict or inconsistent with this Agreement, this Agreement of Service shall take precedence. The failure of Consciousbirth.ca to enforce any provision or right as found in this Agreement will not constitute a waiver of such provision or right. The use of section headings in this Agreement is merely for convenience and in no way limits or defines how this Agreement should be construed. This Agreement and any operating rules for Consciousbirth.ca constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter.
20. PIPEDA Compliance
Consciousbirth.ca is committed to ensuring compliance with the Canada’s federal law, the Personal Information Protection and Electronic Documents Act (PIPEDA).
Your personal information is protected and will not be shared with 3rd parties.
Under PIPEDA, personal information includes any factual or subjective information, recorded or not, about an identifiable individual. This includes information in any form, such as:
■ age, name, ID numbers, income, ethnic origin, or blood type;
■ opinions, evaluations, comments, social status, or disciplinary actions; and
■ employee files, credit records, loan records, medical records, existence of a dispute between a consumer and a merchant, intentions (for example, to acquire goods or services, or change jobs).
21 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at [email protected] or 306-341-3695
Last Update: 11-05-2022