Client and Doula Terms & Conditions

IMPORTANT NOTE: As well as reading the following Client and Doula Terms & Conditions to which you have agreed to by using this Site, you should also refer to the personal terms and conditions of each individual doula before engaging with them.

  1. Introduction

Welcome to our website. To avoid all misunderstandings, please read these Client and Doula Terms & Conditions carefully.  These terms relate to your account with Find My Doula and the vacancy filling services provided by our Site and should be read in conjunction with the individual doula’s terms of employment for any vacancy, the Website Terms & Conditions and our Privacy Policy which shall also apply.

You will be asked to expressly agree to these Client and Doula Terms & Conditions before you apply for an account on our website or make contact with an individual doula.

  1. Information about us

Find My Doula LLP (“Find My Doula”) is a limited liability partnership with its registered address at 311 Burntwood Lane, London SW17 0AP. Find My Doula owns the website at www.findmydoula.co.uk (“Site”).The Site provides an on-line directory to enable expectant parents (“Clients”) to find doulas local to them (“Doulas“) and then, if suitable, to contract with the Doula directly to provide pregnancy, birth and postnatal support (the “Services”).

  1. Doula accounts and communications via the Site 
  • Doula accounts: Doula accounts are for personal use only. Doulas may not authorise others to use their account, nor assign or otherwise transfer their accounts to any other person or entity.
  • Doula details: Doulas must ensure that the details provided by them on registration or at any time are correct and complete. Doulas must inform Find My Doula immediately of any changes to the information provided when registering so that Find My Doula can update their personal details and communicate with Doulas effectively.
  • Registration: We will endeavour to have your personal profile uploaded onto Find My Doula within a week of payment and receipt of your information.
  • Doula Rules & Guidelines: Doulas must comply with the Doula Rules & Guidelines at the end of these terms.
  • Prohibited Uses: Doulas may not use the Site for any of the following purposes:
  • Disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material or otherwise breaching any laws;
  • Transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any applicable laws, regulations or code of practice;
  • Interfering with any other person’s use or enjoyment of the Site; or making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.
  • Your responsibility: Doulas will be responsible for Find My Doula’s losses and costs resulting from their breach of this
  • Find My Doula‘s right to suspend or cancel a registration: Find My Doula may suspend or cancel a Doula’s registration immediately at Find My Doula’s reasonable discretion or if a Doula breaches any of its obligations under these Client and Doula Terms & Conditions. The suspension or cancellation of a Doula’s registration and its right to use the Site shall not affect either party’s statutory rights or liabilities.
  • What you need to understand in relation to the information you submit: Doulas are solely responsible for, and assume all liability regarding, (i) the information and content they post on the Site; and (ii) their interactions with other users through the Services. Details of how Find My Doula may use information Doulas provide or post which is personal to Doulas are set out in our Privacy & Cookie Policy.
  • Risk Assumption and Precautions: Doulas assume all risk when using the Services, including but not limited to the risks associated with any online or offline interactions with other Doulas or prospective clients. Doulas understand that Find My Doula is unable to guarantee the accuracy of information provided by or about other Doulas or prospective clients, and that Find My Doula is unable to confirm that any user is who he or she claims to be. Find My Doula does not warrant and is not responsible for ensuring that users of the Services are in compliance with these Client and Doula Terms & Conditions. You agree to take all necessary precautions when communicating with or meeting individuals through the Services.
  1. Types of account and fees
  • Types of account: The benefits and types of account available are set out at findmydoula.co.uk
  • Payment and fees: In order to be listed on the Site directory, Doulas must pay the annual fee set out on our [Doulas Interested in Joining Us page]. Payment can be made via standing order or a Paypal account or using a credit or debit card payment at a later date.
  • Account term: Subject to compliance with these Client and Doula Terms & Conditions, Doula’s accounts are not limited in time.
  • Cancellation of account: Doulas can cancel their accounts at any time on giving one month’s notice by contacting us via email at info@findmydoula.co.uk
  • In all other instances, Find My Doula may be contacted by e-mailing info@findmydoula.co.uk.
  1. How to find a Doula
  • Prospective clients (“Clients”) enter their postcode in the search box which will reveal Doulas in the locality of the given postcode. In order to contact a Doula, the enquiry form on the Site must be used at all times. Please note that whilst Find My Doula reviews every Doula’s application and qualifications, Find My Doula has no control over and does not guarantee the existence, quality, safety or legality of a Doula’s background and qualifications. Clients are responsible for making their own enquiries as to the suitability and quality of any Doulas and should seek at least 2 references from previous clients looked after by the Doula or if it is the Doula’s first client an employer’s reference.
  • Job terms: Clients and Doulas are free to reach whatever agreement they wish in relation to the care required and Find My Doula takes no responsibility for the terms agreed nor does Find My Doula take any money in relation to any appointment. For the avoidance of doubt, all payments are strictly between Clients and the Doula and Find My Doula accepts no responsibility whatsoever for the interactions between Clients and Doulas.
  1. Statutory rights

Nothing in these Client and Doula Terms & Conditions affects your statutory rights.

  1. Limitations and exclusions of liability
  • Our total liability: If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
  • Incidental damages: To the maximum extent permitted by applicable law, in no event will Find My Doula be liable for any loss of profits or for any incidental, special, consequential or indirect damages arising out of or relating, directly or indirectly, to the use or inability to use the Site or Services, including, without limitation, damages for loss or corruption of data or programs, service interruptions and procurement of substitute services, even if Find My Doula knows or has been advised of the possibility of such damages.
  • No liability for Find My Doula actions: To the maximum extent permitted by applicable law, in no event will Find My Doula be liable for any claims, losses or damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of a Doula or anyone else in connection with the use of the Site or Services, including without limitation, bodily injury, emotional distress, and/or any other claims, losses or damages resulting from communications or meetings with other members or participation in Services. This includes any claims, losses or damages arising from the conduct of members who have registered under false pretences or who attempt to defraud or harm a Site user.
  • Information verification: Find My Doula and its contractors may use various ways of verifying information that Doulas have provided. However, none of those ways are perfect, and Site users agree that Find My Doula and its contractors will have no liability to any Site user arising from any incorrectly verified information.
  • No exclusions: Nothing in these Client and Doula Terms & Conditions shall limit or exclude Find My Doula’s liability for (i) death or personal injury arising from Find My Doula’s negligence (as such term is defined by the Unfair Contract Terms Act 1977); or (ii) fraud or fraudulent misrepresentations by Find My Doula.
  1. Intellectual property rights
  • Users’ copyright: Doulas may post copyrighted information or materials, which has copyright protection whether or not it is identified as copyrighted. Doulas agree that they will not copy, modify, publish, transmit, distribute, perform, display, commercially use, or sell any Find My Doula or third party proprietary information available via the Services or the Site.
  • Find My Doula’s licence in relation to posted content including videos: By posting information or content to any profile pages or public area of the Services, Doulas automatically grant, and represent and warrant that they have the right to grant, to Find My Doula and its users, an irrevocable, perpetual, non-exclusive, fully-paid, worldwide licence to use, reproduce, publicly perform, publicly display and distribute such information and content, and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorise sub-licences of the foregoing. Doulas further waive any moral rights they may have in any such information or content. Find My Doula will create, test or implement new features or programs on the Site (e.g., rating of Doulas’ profiles or Services by other Doulas), in accordance with the additional terms and conditions of such features or programs. By participation in such features or programs, Doulas grant Find My Doula the rights stated in this subsection in connection with the additional terms and conditions (if any) of such features or programs.
  1. Other important terms

Find My Doula will treat all personal information of Doulas that it collects in connection with membership of the Site in accordance with the terms of its Privacy & Cookie Policy; use of the Site will be subject to its Website Terms & Conditions.

Find My Doula may transfer its rights and obligations under a Contract to another organisation, but this will not affect a user’s rights or Find My Doula’s obligations under these terms.

Doulas may only transfer their rights or their obligations under these terms to another person if Find My Doula agrees in writing.

These Client and Doula Terms & Conditions are between registered Doulas, Clients and Find My Doula. No other person shall have any rights to enforce any of its terms.

Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

If Find My Doula fails to insist that Doulas perform any of their obligations under these terms, or if Find My Doula does not enforce its rights against a Site user, or if Find My Doula delays in doing so, that will not mean that Find My Doula have waived their rights against a Doula and will not mean that a Doula does not have to comply with those obligations. If Find My Doula do waive a default by a Doula, Find My Doula will only do so in writing, and that will not mean that Find My Doula will automatically waive any later default by a Doula.

If you are a consumer, please note that these terms are governed by English law. This means a Contract for the purchase of products or services through the Site and any dispute or claim arising out of or in connection with it will be governed by English law.  You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction.  However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.

Last updated on 10th September 2018

 

Doula Rules & Guidelines

  • We ask that you agree to take all necessary safety precautions when communicating with or meeting individuals through Find My Doula.
  • We ask that if a client contacts you and gives you any personal details you do not share these with anyone else without their permission and comply with all applicable UK legislation on data protection.
  • Everything that is published about you on this site is, to your knowledge, true.
  • We ask that you respond to all enquiries within 48 hours even if it is an acknowledgement if you are at a birth.
  • We ask that you set an automatic email response (out of office) if you are away for longer periods ie on holiday.
  • We ask that for any enquiries you receive if you are fully booked and the client is struggling to find a doula you direct them to the website Contact Us tab rather than trying to find a doula for them yourself.
  • We ask that you keep a personal track of enquiries and bookings through Find My Doula and provide this information to us when requested. This is to assist us in monitoring traffic and will enable us to make improvements if necessary.
  • We ask that if you have time away from doula-ing you notify us so that your profile can be removed and reinstated when you return.
  • We encourage you to use our social media platforms, however, please adhere to our specific guidelines for this and to those specified by the relevant social media platform.
  • We ask that you encourage your clients to leave a personal review.
  • If you breach any of our Doula Rules & Guidelines, we may have to consider cancelling your membership.