Policies, Terms and Conditions
Introduction
This website SoundBirth is owned and operated by Nicole Lloyd. SoundBirth is the registered business name for a small business run by Nicole Jarmile Lloyd in Leeming, Western Australia, with the Australian Business Number (ABN) 48 286 176 162
If you have any questions or need further information, please contact the team at nicole@soundbirth.com.au
This document sets out our Privacy Policy and associated Terms and Conditions. It describes how we collect and manage your personal information when you interact with this site. SoundBirth takes this responsibility very seriously. If you have any questions or concerns about how your personal information is being handled, please do not hesitate to contact us.
We comply with the Australian Privacy Principles set out in the Privacy Act 1988 (Cth) (Privacy Act).
We understand that visitors from the EU may access this site, so we also aim to comply with the General Data Protection Regulations (GDPR).
Personal Information
In order to use the SoundBirth website, we may require information from you in order to provide the best service possible.
If you engage with SoundBirth via this website or choose to become our customer we may ask to collect the following kinds of personal information from you, including:
Contact details including your name and email address will be collected and stored in our secure email management system when you opt into our email list, register for a webinar or download a free guide or training.
Internet data including your IP address, analytics and cookies may be collected when you visit our website.
Contact details such as your name and email address will be archived in our inbox when you email us or complete a contact form.
We use this information to:
Respond to your enquiries.
Provide specific products/services to you at your request.
Help you understand our services better.
Improve our products and services.
Provide more relevant information.
Provide news about your products and services.
We will only collect your personal information:
With your full awareness and consent, such as when you email us, tick a checkbox or fill in a form to provide us with information.
If we need it to provide you with information or services that you request.
For necessary administrative processes if you become our student or customer.
If we believe that we can demonstrate a legitimate interest in using your data for marketing purposes, although we will always give you a choice to opt out
In order to do this, we may share some relevant personal information - on a strictly need to know basis - with:
Our team internally here at SoundBirth.
Our affiliates, if you purchased through an affiliate link.
We never sell trade, or otherwise transfer your personally identifiable information to outside parties, except to provide you with the products or services you have requested.
We will also disclose your information if required by law to do so or in circumstances permitted by the Privacy Act – for example, where we have reasonable grounds to suspect that unlawful activity, or misconduct of a serious nature, that relates to our functions or activities has been, is being or may be engaged in, and in response to a subpoena, discovery request or a court order.
If you have any concerns regarding the disclosure of your personal information, please do not hesitate to get in touch with us to discuss this personally.
Communications
SoundBirth uses personally identifiable information for essential communications, such as emails, accounts information, and critical service details. We may also use this information for other purposes, including some promotional emails. If at any time you wish to stop receiving such correspondence you can simply click unsubscribe on any email you receive from us.
If your personally identifiable information changes, or if you no longer desire our service, you may correct, update, delete or deactivate it by emailing us at nicole@soundbirth.com.au
Security
We take reasonable physical, technical and administrative safeguards to protect your personal information from misuse, interference, loss, and unauthorised access, modification and disclosure.
We manage risks to your personal information by:
Ensuring that only key personnel have access to sensitive information.
Conducting regular audits of our security systems.
As mentioned above, your personal information may also be stored with a third-party provider, where it will be managed under their security policy, including GDPR compliance, through Simplero.
From time to time I may combine information provided by you with information gathered from Facebook and Google Analytics.
If you do not wish this to occur, please contact SoundBirth.
Complaints
If a breach of this Privacy Policy occurs, or if you wish to request a change to your personal information, you may contact us by sending an email outlining your concerns to SoundBirth at nicole@soundbirth.com.au and the team will endeavour to respond within 1 week.
If you are not satisfied with our response to your complaint you may seek a review by contacting the Office of the Australian Information Commissioner using the information available at http://www.oaic.gov.au/privacy/privacy-complaints.
Notification of Change
If SoundBirth decides to change our Privacy Policy, we will post a copy of the revised policy on our website.
Notification of Breach
If we have reason to suspect that a serious data breach has occurred and that this may result in harm or loss to you, we will immediately assess the situation and take appropriate remedial action. If we still believe that you are at risk, we will notify the Office of the Information Commissioner and either notify you directly or if that is not possible, publicise a notification of the breach on this website.
Terms & Conditions
This document sets out the Terms and Conditions you need to be aware of when using this website. Please take a moment to read them, as they set out your important rights and obligations and we care about making sure we both know where we stand. When you visit this website, use our services or purchase our products you agree that you are over the age of 18 and willing to be bound by these Terms and Conditions. If you don’t accept this agreement, you should not continue to visit this website or purchase from us.
All products and services advertised on this website are offered in compliance with Australian Consumer Law.
General Disclaimer
On this website, you will find blog posts, guides, training and more. This information is provided solely for education and support for expectant couples, new mothers and professionals who work with them. It is also for those wanting to learn how to use sound as a relaxation tool.
SoundBirth Rights and Responsibilities
Nicole Lloyd is the founding director of SoundBirth since 2011, a Sound Journey Facilitator since 2013, and a Sound Journey mentor/educator since 2015.
A SoundBirth Professional is already a trained birth professional (doula, midwife, pregnancy yoga teacher etc) who has also completed the “SoundBirth Professional Training”.
The role of a SoundBirth Professional is to provide experiences and ideas on how expectant couples and new families can use sound and music as tools to support them to relax before, during and after the birth. In order to empower people in their choices, a SoundBirth professional may also provide evidence-based information regarding how sound and music can support them. A SoundBirth professional will always make referrals where appropriate and never gives advice.
SoundBirth takes lots of care to provide valuable information but cannot be responsible for the use that you make of that information.
Please be aware that the generalised information SoundBirth provides is not a substitute for specialist advice tailored to your individual circumstances.
There is no professional relationship formed between SoundBirth and yourself unless you explicitly choose to work with SoundBirth by purchasing our services or products.
Any testimonials and promised results SoundBirth may display on this website are based on our experience and those of our previous clients. They are not guarantees that anyone else will achieve the same results. SoundBirth has made every effort to accurately represent the program and its potential. The testimonials and examples used are not intended to represent or guarantee that anyone will achieve the same or similar results. Each individual’s success depends on many factors, including their background, dedication, desire and motivation.
SoundBirth may modify this information provided on this website at any time, including altering or deleting it without notice.
SoundBirth is not responsible for viruses or any other damage which might occur as a result of downloading material from www.soundbirth.com.au
SoundBirth is not responsible for the content held on any external sites that may be linked to soundbirth.com.au
Your Responsibilities
SoundBirth professionals do not give advice or treat, diagnose or prevent any illness.
As a SoundBirth professional, you must work within the scope of your role.
As a pregnant woman, new parent, sound journey facilitator, you must take responsibility for your own decisions.
You are expected to get appropriate clinical, legal or financial advice when relevant.
Here at SoundBirth, we’ve provided professionals with SoundBirth and sound journey education for a decade. We are confident you are going to love this training!! We know it changes the lives of our students and the lives of the families and people they work with. We pride ourselves on ethical marketing and are continually updating our marketing materials to be as accurate as possible.
What we expect from our students:
We want you to feel really good about this investment in yourself and your future. Please take your time to read the information about the training, including the curriculum and email us if you still have questions.
We don't subscribe to unnecessary urgency, so please take your time and make the right decision for you.
Please ensure that by purchasing the training, you are not placing undue financial pressure on yourself or putting your family in unreasonable debt.
How to apply for a refund:
Refunds are only available when requested within 7 days of purchasing and only available when the course fails to match the descriptions we use in our marketing.
Refunds are not available for change of mind.
Requests for refunds must be made in writing within 7 days of enrolling. You will be required to complete the Refund Request Form providing feedback about why the course did not meet the expectations set on the enrolment page and outlined in the curriculum.
Upon receiving your Refund Request Form, the process may take up to 14 days to resolve and involve additional conversations with you regarding your request.
In considering your refund, we may also charge an admin fee at our discretion.
You cannot download the course during your first 7 days unless you choose to waive your right to a refund.
Refund Policy for the “SoundBirth Bowl”
There are no refunds for the bowl. If, however, your bowl is broken or cracked on arrival please take a photo immediately and send it to nicole@soundbirth.com.au. This needs to be done within 7 days of arrival. A new bowl will then be sent to you within 2 - 3 weeks.
Specific Products and Services Terms and Conditions
SoundBirth Professional Training
SoundBirth Professional Training is an online course providing training for birth and postpartum workers who want to add sound and music tools to their work.
When you enrol you have lifetime access to the online course and all associated recordings and bonuses, for the lifetime of the course.
If you join a live class you also get a limited time in our private Facebook group with access to live group question and answer calls so you can ask questions and get peer support as you implement what you learn with your clients. There will be no refund or rescheduling if you can't make the group call time slot. You can submit questions prior to the call if you can't make it live. These calls will be recorded so be careful to protect your clients' privacy. You have lifetime access to the recording archive.
Once you graduate by successfully completing the homework and having a 1:1 Zoom call with Nicole Lloyd, you will get a certificate, a digital graphic for your website and you will be listed on the SoundBirth Directory as a trained SoundBirth Doula/Educator.
We cannot process your graduation until you have completed your course payments or any payment plan obligations in full.
SoundBirth Professional Training Membership
SoundBirth Professional Training Membership is a monthly membership program providing ongoing professional development for graduates of the SoundBirth Professional Training. The SoundBirth Membership includes topics related to sound healing, music/sound therapy, birth, postpartum support and tips on promoting your SoundBirth work. You will be billed automatically according to your chosen billing cycle and will be sent a receipt every time we bill you. We don't give refunds, and you're paying for availability, so even if you don't use the service, you still have to pay us.
You can cancel your membership at any time by visiting https://simplero.com/purchases/previous, clicking on your purchase, and then clicking manage payment, where you can change your payment method or cancel your subscription.
Your first 12 months after purchasing the SoundBirth Professional Training is FREE!
Live Events
Live events have varying terms that are specifically created for each event. Please check the enrolment form for a particular event for details.
SoundBirth Affiliates
SoundBirth Affiliates is a referral commission program to encourage sharing of SoundBirth products and services.
The SoundBirth Professional Training and the SoundBirth Bowl are the ONLY products included in our affiliate program.
Most applicants qualify to participate in the Affiliate Program. However, we reserve the right to refuse or revoke membership at any time if we determine that you promote objectionable material.
While we encourage you to promote our products, all affiliate links must point back to the original product content or purchase page, and not to any third-party sites. You may promote SoundBirth training by creating a page or blog post on your website that then links back to our original product content or purchase page, but you can not create a whole third-party site.
While we encourage you to use our brand in your promotions, use of the SoundBirth branding in any website that does not point back to the original product content or purchase page is strictly prohibited.
As a general rule, Affiliates are not eligible for commissions when you make a purchase through your own affiliate link. However, we recognise there may be situations where your business makes sales in such a way that this process is preferable. Since we monitor transactions for self-sales, we ask that you get in touch with us before every purchase you make using your own link so we can set up an arrangement that meets your processing needs.
Affiliate payouts are system automated. A commission is earned in the same currency that the purchase was made in. The current exchange rate of the day will be used to calculate any currency exchanges and is likely to fluctuate.
You cannot offer discounts to people purchasing through your affiliate links, however, you may offer bonuses.
Affiliate payouts are made into your PayPal account and are withheld for ten days to allow for the refund period, and processed by our team monthly. It may take up to one (1) month and ten (10) days for your affiliate payments to land in your PayPal account.
In order to generate a commission, a purchase must:
Be made through your properly coded affiliate link or with your correct cookies installed on their browser.
Be paid in full, commission on payment plans will be paid in installments, if I don’t get paid then you don’t get paid.
Not request a refund within 7 days of their purchase.
If you have a concern that you may be violating any of our guidelines, please contact us. Affiliates found to be in violation of the Affiliate Program Guidelines will forfeit commissions relating to either the specific transaction in violation or all commissions assigned. Excessive violations will result in termination of the violating party’s Affiliate account. Please contact nicole@soundbirth.com.au should you have any queries.
Intellectual property
SoundBirth owns the registered and unregistered trademarks in SoundBirth. You may not use these marks for any purpose without SoundBirths’ express permission.
The content of this website is protected by copyright. No portion of this website may be copied or replicated in any form without SoundBirth’s written consent. While we encourage you to use our brand in your promotions, use of the SoundBirth branding in any website that does not point back to the original product content or purchase page is strictly prohibited.
Payment terms
Payment for SoundBirth products and services is taken using Simplero as the payment gateway and Stripe and PayPal as the secure merchant account.
The security of your personal information is important to us. When you enter sensitive information (such as credit card numbers) on our website, we encrypt that information using secure socket layer technology (SSL). When credit card details are collected, we simply pass them on in order to be processed as required. We never permanently store complete credit card details.
We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it.
By purchasing a payment plan or joining a recurring membership program you authorise SoundBirth to charge your credit card in multiple installments.
If at any time SoundBirth stops receiving your installments your service will be suspended until they resume.
You are responsible for making sure the credit card and contact information for your account is always up-to-date.
All charges are automatically invoiced and charged to the card on file. You'll get an email invoice when that happens.
If we repeatedly cannot charge the outstanding amount, we will first suspend your account and then permanently delete it.
By purchasing, you acknowledge that as with any business endeavour, there is an inherent risk of loss of capital and there is no guarantee that you will earn any money as a result of your participation.
By purchasing, you also acknowledge that payment of your monthly fees will not place a significant financial burden on you or your family.
Shipping and Delivery
After ordering online, you will be immediately redirected to a welcome page. You will receive an email confirmation containing your order details.
We will normally confirm receipt of your order within a few minutes of ordering.
Your SoundBirth Bowl will arrive at your postal address within 2 - 3 weeks.
Engagement
Blog comments and social media comments are permitted in our online communities but SoundBirth has ultimate editorial control over all discussions in our online communities, on both the website and social media. SoundBirth retains the right to edit or delete comments considered to be:
false or misleading;
abusive or offensive;
promoting or selling products or services of another individual or company;
spam or bots;
violating privacy;
defamatory;
deliberately provocative or dominating.
SoundBirth is committed to providing people in our online community with a positive experience. You agree that SoundBirth may, at its sole discretion, terminate this agreement, and limit, suspend, or terminate your participation in the course without refund if you become disruptive or difficult to work with, if you fail to follow the course guidelines, space agreement or if you impair the participation of instructors or participants.
SoundBirth Live Class Space Agreement
These guidelines cover all communications with SoundBirth staff and students in our Q&A calls, private Facebook groups and any other engagement in the live class.
Acknowledge the significance of your experiences and take responsibility for seeking any support you might need. Take breaks from the course, calls or group when needed.
Commit to the course and create time for your learning in a way that works for you. Cite work created by SoundBirth and reference your learning lineage.
Respect the community's diversity, listen to stories and experiences with curiosity and an open heart.
Do not disclose names, photographs, locations, dates or any other identifying details about your clients unless you have explicit permission.
Do not share anything from the class outside this group, including no cutting and pasting from the Facebook group, no sharing the call recordings and no gossiping about what is shared in our group.
You are invited to share your thoughts, experiences, challenges, successes and questions with the group. Vulnerability creates space for growth for yourself and the entire group.
SoundBirth has a zero-tolerance policy for abuse, prejudice and defamation. We do not tolerate information that is deliberately false, misleading, provocative or dominating.
If someone presents a viewpoint you disagree with, be curious and have a courageous conversation if you have the energy. You are welcome to share resources or an alternative perspective. Or you can reach out at nicole@soundbirth.com.au
Don't advertise your events, classes or programs here. You can genuinely share your website, content and success, but no "buy my stuff" type posts or comments.
Jurisdiction & Dispute Resolution
SoundBirth is located in Western Australia. This agreement is subject to the governing law of Western Australia.
If you have any issue or complaint arising out of your use of this website or these terms and conditions, you and SoundBirth agree to make a genuine effort to resolve the dispute through negotiation and discussion.
If we are unable to resolve a dispute by negotiation and discussion within fourteen (14) days, the parties must proceed to mediation with the assistance of an accredited mediator who is independent of the parties. The mediator is to be appointed by agreement of the parties or, failing agreement within twenty-one (21) days of the first notification of the dispute, by a person appointed by the Chair of Resolution Institute, (ACN 008 651 232, Level 2, 13-15 Bridge Street, Sydney NSW 2000; telephone: 02 9251 3366, email: infoaus@resolution.institute) or the Chair’s designated representative. The Resolution Institute Mediation Rules shall apply to the mediation. We agree to share the costs of mediation equally between us.
It is a condition precedent to the right of either party to commence litigation other than for interlocutory relief that it has first offered to submit the dispute to mediation. Litigation is to be considered a last resort and may not be commenced until, in the opinion of the independent mediator, the potential for negotiation and mediation have been exhausted.