The Birth Experience Company

Terms and Conditions

1. THESE TERMS

1.1. What these terms cover. These are the terms and conditions on which we supply our services to you.

1.2 Why you should read them. Please read these terms carefully before you book with us. These terms tell you who we are, how we will provide services to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms please contact us to discuss.

2. INFORMATION ABOUT US AND HOW TO CONTACT US

2.1 Who we are. We are The Birth Experience Company a partnership established in England and Wales.

2.2 How to contact us. You can contact us by telephoning 07834286062 or 07725203332 or by writing to us at info@thebirthexperiencecompany.com.

2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided in your booking form.

3.OUR CONTRACT WITH YOU

3.1 How we will accept your booking. Our acceptance of your booking will take place when we email you to accept it, at which point a contract will come into existence between you and us.

3.2 If we cannot accept your booking. If we are unable to accept your booking, we will inform you of this and will not charge you. This might be because of unexpected limits on our resources for which we could not reasonably plan.

4. OUR RIGHTS TO MAKE CHANGES

4.1 Changes. We reserve the right to make changes in the course content and matters such as minor timing changes or venue changes. We may also need to make changes to reflect changes in relevant laws and regulatory requirements. If we need to make more significant changes such as moving the venue by more than 5 miles or the timing of our course dates we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any services paid for but not received.

 

5. PROVIDING THE COURSE

5.1 We will provide the course on the date set out on the dates agreed with you during the booking process. We will supply the services to you until either the course is completed or or either party ends the contract as described below.

5.2 If we have arranged to deliver the course at your home and you are unable to provide access, do not provide the relevant information or you give us incorrect or incomplete information we may charge you additional costs incurred by us as a result.

5.3 Suspending the supply of services to you. We may have to suspend the course for reasons such as illness of course teachers or other factors beyond our control. We will do our best to avoid this situation and will have alternative arrangements in place wherever possible. However, if we are unable to offer the course we will contact you in advance to make alternative arrangements, unless the problem is urgent or an emergency. If we have to suspend the course by longer than 3 weeks we will offer you a full refund.

6.YOUR RIGHTS TO END THE CONTRACT

6.1 You can end your contract with us. Your rights when you end the contract will depend on why and when you decide to end the contract. To end the contract with us, please let us know by emailing us at info@thebirthexperiencecompany.com. The contract will end immediately.

6.2 Exercising your right to change your mind (Consumer Contracts Regulations 2013). You have a legal right to change your mind within 14 days after booking and receive a refund. If you cancel after we have started the services, we reserve the right to keep the fee in full.

6.3 Your rights to end the contract. Even if you do not have a right to change your mind, you can still end the contract before it is completed. A contract for services is completed when we have finished providing the services and you have paid for them. We will make any refunds due to you as soon as possible. Depending on when you end the contract we will refund you up to 100% of the sums you have paid as per the table below:

When contract ended                                        Percentage refunded

30 days or more before the first course date    100%

14 days or more before the first course date    75%

7 days or less before the first course date        25%

After the course has started                              0%

 

7. OUR RIGHTS TO END THE CONTRACT

7.1 We may end the contract if you break it. We may end the contract at any time by writing to you. Reasons why we may end the contract include if you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due or if you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the services.

7.2 You must compensate us if you break the contract. If we end the contract we will refund any money you have paid in advance for services we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.

 

8. PRICE AND PAYMENT

8.1 Where to find the price for the course. The price of the course will be the price indicated on the booking pages when you made your booking.

8.2 What happens if we got the price wrong. It is always possible that, despite our best efforts we incorrectly price our services. We will normally check prices before accepting your booking. If the course’s correct price at your booking date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your booking where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid.

8.3 When you must pay and how you must pay. We accept payment by debit card through our website or by bank transfer. We require payment in full at the time of booking.

9. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

9.1 We are responsible to you for foreseeable loss and damage caused by us. 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.

9.2 We do not provide medical advice. On booking you agree that this is a course is designed to teach you to use your own natural abilities and to bring your mind and body into a state of relaxation and that the content of these classes is in no way intended to be represented as medical advice nor as a prescription for medical procedure. You are aware that you should seek the advice of a health-care provider to answer any health-related or pregnancy-related issues surrounding your pregnancy, labour and birth. You agree that you will in no way hold us, or the HypnoBirthing Institute, its owner, or its representatives responsible for any special circumstances that could arise as a result of your pregnancy, labour, or birth.

9.3 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence; for fraud or fraudulent misrepresentation; for breach of your legal rights.

9.4 We are not liable for business losses. We only supply our services for domestic and private use. We will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

10. HOW WE MAY USE YOUR PERSONAL INFORMATION

10.1 How we may use your personal information. We will only use your personal information as set out in our privacy policy.

11. OTHER IMPORTANT TERMS

11.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract If you are unhappy with the transfer you may contact us to end the contract within 7 days of us telling you about it and we will refund you any payments you have made in advance for products not provided.

11.2 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.

11.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

11.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the services, we can still require you to make the payment at a later date.

11.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts.

 

The Birth Experience Company

May 2020