** FREE SHIPPING ON ORDERS OVER $75 **
Last updated: August 2024
Please read these terms and conditions carefully before using Our Service.
Hire Period:
All hire items available from Earthside Australia have a six week hire period. Your six week hire period starts when your order is received.
If you’re wanting to extend your hire period (for example if your baby is very overdue), please contact Earthside Australia as soon as possible. Extension will be granted based on availability and will incur an extra fee of $50 per week or part thereof.
The items must be returned within six weeks of the beginning of the hire term unless an extension has been arranged. The hirer must drop off hire items at the arranged date and time.
Deposit:
Upon booking hire items, a refundable security deposit is required and is included in your hire price.
Upon return of your items in their original condition or with a reasonable amount of wear, your deposit will be refunded within two weeks. If the items are damaged the deposit will not be refunded.
Payment and Refunds:
All hire fees are non-refundable regardless of if the equipment was used or not. A refund or replacement will be granted if an item is defective.
Damage:
Please inspect all hire products, inflate the pool as soon as it is received to check for air leakage or other damage, and report any damage or faults immediately to Earthside Australia with photo evidence. We will address this on a case-by-case basis and offer an appropriate solution.
If any items are damaged due to misuse or not following instructions, the hirer will be required to pay to replace the damaged item or items.
Proper Usage:
Birth pools and liners – Birth pools should only be used according to Earthy Birth’s Birth Pool Instructions and MUST be used with a liner. All sharp items, electrical items and pets must be kept away from the birth pool at all times. Children must be supervised by a responsible adult when near the pool. The pool should not be overfilled or filled with water that is above the recommended temperature. Damage to property or people due to misuse is the responsibility of the hirer.
Other Hire Items – All other items available for hire should be used only in a safe and responsible way and according to their instructions. Damage to property or people due to misuse is the responsibility of the hirer.
Liability:
Earthside Australia will not be liable for any damage, injury or death caused by improper use or misuse of the pool or other equipment or as a result of damage to the pool, or as a result of its use in a room that does not structurally support the use of a birthing pool.
It is recommended that all births are attended by a licensed midwife. Pregnant women suffering from heart disease, high or low blood pressure or other medical conditions should consult their care provider before using a birth pool.
Earthside Australia is not responsible for any adverse outcomes including death or injury that may occur before, during or after labour and birth regardless of who is present. The hirer acknowledges that the safety of everyone who is in or near the birth pool and other hire items at any time, including birthing mothers, unborn babies and newborn babies, is their own responsibility.
Last updated: August 2024
Please read these terms and conditions carefully before using Our Service.
Payment and Refunds:
Please see our Refund & Returns Policy
Purchased Items – All items available for purchase should be used only in a safe and responsible way and according to their instructions. Damage to property or people due to misuse is the responsibility of the customer.
For the purposes of these Terms and Conditions:
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.
You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.
Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.
Customer Safety
This product has been lovingly created to support women to have physiologic birth in which ever setting they choose to birth in. Please note that using “The Birth Sling” as a birthing aid is done so at the risk of the user. We take no responsibility for birthing outcomes or injury that may occur. We advise that The Birth Sling should not be used as a swing and that the persons full weight should not leave the ground.
Contraindications for use of The Birth Sling
It is recommended that anyone using The Birth Sling must:
Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
Upon termination, Your right to use the Service will cease immediately.
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven’t purchased anything through the Service.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.
The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.
Payments using the Service may be made only using only Visa or MasterCard credit cards.
We are not directly involved in the online payment but through a third party service provider.
Upon completing a transaction using the Service, you will be presented with a confirmation screen verifying the transaction details you wish to process. It is your responsibility to verify that all transaction information and other details are correct.
We have no liability for transactions which are incorrect as a result of inaccurate data entry in the course of the use of the Service or for loss of data or information caused by factors beyond Our control.
You will receive a confirmation email once the payment has been received by Our third party service provider.
Once a payment has been made it cannot be cancelled. We do not accept any responsibility for refusal or reversal of payments, which shall be a matter between you and your credit card issuer.
Payments made by credit card may attract a merchant service fee which is dependent on the amount being transacted and the currency.
International cardholders using the Service may incur their own bank’s international service fees, in addition to the merchant service fee.
Please see our Refund and Returns Policy page
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.
If you have any questions about these Terms and Conditions, You can contact us:
