Terms and Conditions
Effective date: 1st September 2021
This Website is offered and available to users who are 18 years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
The views expressed in course material and marketing by Essentially Birth are personal opinions only and do not represent the opinions or policies of any provider, institution, or company that Nicole Schlögel is affiliated with. Nicole Schlögel is not giving medical advice. Information provided by Essentially Birth is not intended to diagnose, treat, or cure any form of any disease. The courses and information provided is for informational and entertainment purposes only. Essentially Birth is only telling you what Nicole Schlögel’s personal experiences are.
Trust your midwife or doctor first, please! Any information given in body work sessions, courses or material will always be second to what your doctors advise you to do. By accepting access to any course or 'freebies' you have agreed to the above statement.
Essentially Birth reserves the right to refund and remove any student at any time from both the course and/or the Private Facebook group without any reason or notice.
ACCESSING THE WEBSITE AND ACCOUNT SECURITY
We reserve the right to withdraw or amend this Website and any service or material we provide on the Website in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
NO UNLAWFUL OR PROHIBITED USE AND INTELLECTUAL PROPERTY
As a condition of your use of the Website, you warrant to the Company that you will not use the Website or any of the resources available for download from the Website for any purpose that is unlawful or prohibited by these Terms. You may not use the Website or any of the resources available for download from the Website in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Website, is the property of the Company or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Website or any of the resources available for download from the Website.
The Company content is not for resale. Your use of the Website or any of the resources available for download from the Website does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your individual use, and will make no other use of the content without the express written permission of the Company and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of the Company or our licensors except as expressly authorized by these Terms.
The Company name, the Company logo, the Company slogan, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.
FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY
As set forth more fully in the Disclaimer, the information contained on this Website and the resources available for download through this Website are for educational and informational purposes only. The information contained on this Website and the resources available for download through this Website is not intended as, and shall not be understood or construed as legal, financial, tax, medical, health, or any other professional advice.
ACCURACY AND PERSONAL RESPONSIBILITY
As set forth more fully in the Disclaimer, we have done our best to ensure that the information provided on this Website and the resources available for download are accurate and provide valuable information, but we cannot guarantee the accuracy of the information. Neither the Company nor any of its owners or employees shall be held liable or responsible for any errors or omissions on this Website or for any damage you may suffer as a result of failing to seek competent advice from a professional who is familiar with your situation.
By using this Website, you accept personal responsibility for the results of your actions. You agree to take full responsibility for any harm or damage you suffer as a result of the use, or non-use, of the information available on this Website or the resources available for download from this Website. You agree to use judgment and conduct due diligence before taking any actions or implementing any plans or policy suggested or recommended on this Website.
NO GUARANTEES AS TO RESULTS
As set forth more fully in the Disclaimer, you agree that the Company has not made any guarantees about the results of taking any action, whether recommended on this Website or not. The Company provides educational and informational resources that are intended to help users of this Website succeed. You nevertheless recognize that your ultimate success or failure will be the result of your own efforts, your particular situation, and innumerable other circumstances beyond the control and/or knowledge of the Company.
You also recognize that prior results do not guarantee a similar outcome. Thus, the results obtained by others – whether clients of the Company or otherwise – applying the principles set out in this Website are no guarantee that you or any other person or entity will be able to obtain similar results.
EMAIL AND OTHER ELECTRONIC COMMUNICATIONS
Visiting the Website or sending emails to the Company constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email and on the Website, satisfy any legal requirement that such communications be in writing.
USE OF COMMUNICATION SERVICES
The Website may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, blog comment sections and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
The Company has no obligation to monitor the Communication Services. However, the Company reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. The Company reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
The Company reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in the Company’s sole discretion.
Always use caution when giving out any personally identifying information about yourself in any Communication Service. The Company does not control or endorse the content, messages or information found in any Communication Service and, therefore, the Company specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized the Company spokespersons, and their views do not necessarily reflect those of the Company.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
MATERIALS PROVIDED TO THE WEBSITE
The Company does not claim ownership of the materials you provide to the Website (including feedback and suggestions) or post, upload, input or submit to any Website or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing, or submitting your Submission you are granting the Company, our affiliated companies, and necessary sub-licensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. The Company is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in the Company’s sole discretion.
By posting, uploading, inputting, providing, or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
LINKS TO THIRD PARTY WEBSITES AND SERVICES
The Website may contain links to other Websites (“Linked Websites”). The Linked Websites are not under the control of the Company and the Company is not responsible for the contents of any Linked Website, including without limitation any link contained in a Linked Website, or any changes or updates to a Linked Website. The Company is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by the Company of the Website or any association with its operators.
Certain services made available via the Website are delivered by third-party Websites and organizations. By using any product, service, or functionality originating from the Website, you hereby acknowledge and consent that the Company may share such information and data with any third party with whom the Company has a contractual relationship to provide the requested product, service or functionality on behalf of the Website’s users and customers.
USE OF TEMPLATES AND FORMS
The Company provides various templates and/or forms for download and/or sale on this Website. The Company grants you a limited, personal, non-exclusive, non-transferable license to use our templates and/or forms for your own personal or internal business use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the templates and/or forms in any manner, except for modifications in filling out the templates and/or forms for your authorized use.
By ordering or downloading Forms, you agree that the Forms you purchase or download may only be used by you for your personal or business use and may not be sold or redistributed without the express written consent of the Company.
USE OF PAID COURSES, PROGRAMS, AND ASSOCIATED MATERIAL
The Company from time-to-time provides various courses, programs, and associated material for sale on this Website. The Company grants you a limited, personal, non-exclusive, non-transferable license to use our courses, programs, and associated material (collectively the “Courses”) for your own personal or internal business use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Courses in any manner.
By ordering or participating in Courses, you agree that the Courses you purchase or download may only be used by you for your personal or business use and may not be sold or redistributed without the express written consent of the Company.
By ordering or participating in Courses, you further agree that you shall not create any derivative work based upon the Courses and you shall not offer any competing products or services based upon any information contained in the Courses.
USE OF FREE DOWNLOADABLE CONTENT
The Company provides various resources on this Website, which users may access by providing an e-mail address. The Company grants you a limited, personal, non-exclusive, non-transferable license to use our resources provided in exchange for an email address (the “Content”) for your own personal or internal business use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Content in any manner.
By downloading the Content, you agree that the Content you download may only be used by you for your personal or business use and may not be sold or redistributed without the express written consent of the Company.
By downloading the Content, you further agree that you shall not create any derivative work based upon the Content and you shall not offer any competing products or services based upon any information contained in the Content.
The Company may, from time to time, provide information from a third party in the form of a podcast guest interview, interview on other platform, guest blog post, or other medium. The Company does not control the information provided by such third-party guests, is not responsible for investigating the truth of any information provided, and cannot guarantee the veracity of any statements made by such guests.
Individuals who agree to appear as guests on any podcast offered by the Company agree to transfer all intellectual property rights they may have in any such interviews to the Company and further provide a license to any rights they are unable to assign.
CANCELLATION / REFUND POLICIES
We want you to be satisfied with your purchase but we also want you to give your best effort to apply all of the strategies in the program(s). You must also demonstrate that you have attempted to implement the program without success. To meet this requirement, you must submit the work outlined in the terms and conditions for the program you are requesting a cancellation/refund for.
The Ultimate Vegan Pregnancy Coaching Program - Terms and conditions can be accessed below.
Upon determining that you are entitled to a cancellation/refund pursuant to this policy, the Company will promptly issue an instruction to its payment processor to issue the refund. The Company does not control its payment processor and will not be able to expedite any refunds.
THE COMPANY MAKES NO WARRANTIES REGARDING THE PERFORMANCE OR OPERATION OF THIS WEBSITE. THE COMPANY FURTHER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE INFORMATION, CONTENTS, MATERIALS, DOCUMENTS, PROGRAMS, PRODUCTS, BOOKS, OR SERVICES INCLUDED ON OR THROUGH THIS WEBSITE. TO THE FULLEST EXTENT PERMISSIBLE UNDER THE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
LIMITATION OF LIABILITY
YOU AGREE TO ABSOLVE THE COMPANY OF ANY AND ALL LIABILITY OR LOSS THAT YOU OR ANY PERSON OR ENTITY ASSOCIATED WITH YOU MAY SUFFER OR INCUR AS A RESULT OF USE OF THE INFORMATION CONTAINED ON THIS WEBSITE AND/OR THE RESOURCES YOU MAY DOWNLOAD FROM THIS WEBSITE. YOU AGREE THAT THE COMPANY SHALL NOT BE LIABLE TO YOU FOR ANY TYPE OF DAMAGES, INCLUDING DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EQUITABLE, OR CONSEQUENTIAL LOSS OR DAMAGES FOR USE OF THIS WEBSITE.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. THE COMPANY AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE WEBSITE AT ANY TIME.
THE COMPANY AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. THE COMPANY AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
You hereby expressly waive any and all claims you may have, now or in the future, arising out of or relating to this Website, the Company, any and all contracts you enter into with the Company, and any and all of the Company’s products and services.
To the extent that you attempt to assert any such claim, you hereby expressly agree to present such claim only through binding arbitration to occur in Belfast, Northern Ireland. You further agree to and do hereby waive any right to class arbitration and agree, instead, to conduct an arbitration related solely to any individual claims you and/or any entity related to you asserts against the Company. To the fullest extent permissible by law, you further agree that you shall be responsible for all costs associated with initiating the arbitration and for the administration of the arbitration.
The Service is controlled, operated and administered by the Company from our offices within Northern Ireland, UK. If you access the Service from a location outside the United Kingdom, you are responsible for compliance with all local laws. You agree that you will not use the Company Content accessed through the Website in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Website or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. The Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in asserting any available defenses.
TERMINATION AND ACCESS RESTRICTION
NO JOINT VENTURE OR OTHER RELATIONSHIP
You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of this agreement or use of the Website. The Company’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of the Company’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by the Company with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
CHANGES TO TERMS
The Company reserves the right, in its sole discretion, to change the Terms under which the Website is offered. The most current version of the Terms will supersede all previous versions. The Company encourages you to periodically review the Terms to stay informed of our updates.
Essentially Birth welcomes your questions or comments regarding the Terms:
45 Madison Avenue
Email Address: [email protected]
Effective as of July 1st, 2021
Essentially Birth TERMS OF BUSINESS FOR THE SALE OF BIRTH PREPARATION AND NUTRITION PROGRAMS WORLDWIDE
These are the Terms of Business which govern our sales of birth preparation and nutrition programs (Programs).
This constitutes a legal agreement between us and you. Please read it carefully.
Please note that we do not provide medical advice. When following our Programs you are doing so at your own risk, and you must take full responsibility for the effects on your body that you may experience along the way. Any guidance we may provide is no substitute for professional medical or midwifery advice. Always ask your GP if in doubt.
The Programs are not appropriate for you if you have any of the conditions or illnesses listed in clause 7.2 below, or if you are under 18.
INFORMATION ABOUT HOW TO CONTACT US
1.1 Who we are. We are Essentially Birth, registered as a sole trader by Nicole Schlögel in Belfast, Northern Ireland.
1.2 How to contact us. You can contact us by email to [email protected] or by post to 45 Madison Avenue, Belfast, BT15 5BX
1.3 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 to us in your order.
1.4 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
2.1 Nature of the Programs. All the meals contained within all Programs are suggested and no set plans will be given, unless you have specifically paid for this service and therefore new recipes will not be created upon request.
2.2 Our ethos. The program has been created in line with our own unique formula. Our ethos is sustainability and enjoyment of food, which is tracked and calculated based on standard recommendations in relation to calorie, protein and nutritional requirements in different stages of pregnancy.
2.3 Allergies. If you notify us of an allergy or intolerance you will be provided with advice on how to remove or replace most ingredients included in the Program. Please note, however, that you are responsible for all your own food and health choices pertaining to this.
2.4 The Purition products. If you choose to purchase any Purition supplements, please note that is a separate agreement between you and Purition, and we give no promises in respect of that product. We are currently not affiliates of Purition, we simply feel that the protein supplements provided by Purition are an appropriate choice for pregnant vegans.
2.5 Physical exercise. The movement routines contained within the Programs are also pre-set and based on pregnancy yoga routines. However you can modify to accommodate injury or illness as you wish.
2.6 Results. As set forth more fully in the Disclaimer, you agree that the Company has not made any guarantees about the results of taking any action, whether recommended on this Website or not. The Company provides educational and informational resources that are intended to help users of this Website succeed. You nevertheless recognize that your ultimate success or failure will be the result of your own efforts, your particular situation, and innumerable other circumstances beyond the control and/or knowledge of the Company.
2.8 Timing. Once you purchase the program you have a maximum of 38 weeks to complete it. The Program is valid for the duration of your pregnancy and must be completed within this timeframe. After this time you will still have access to the Program, but cannot make any claims associated with it.
PROGRAM SUPPORT: OFFICE HOURS
3.1 Our support team is on hand to answer any of your questions or queries as follows:
(a) Monday to Thursday: 09.00 to 17.00 GMT
(b) Friday: 09.00 to 16.00 GMT
(c) Saturday: Closed
(d) Sunday: Closed
(e) UK Bank Holidays: Closed
(f) Christmas and New Year: Office closure will be made available 14 days in advance.
3.2 In the event of staff training and office closure you will be notified 7 days in advance. In these instances our messaging service will be delayed but your answer will be provided to you as soon as possible.
KEEP YOUR ACCOUNT DETAILS SAFE
4.1 Your program is provided on the Kajabi platform and Kajabi will issue you with access details, You must treat such information as confidential. You must not disclose it to any third party.
4.2 We have the right to disable any user identification code or password, whether chosen by you or allocated by Kajabi, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms of Business.
4.3 If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us.
HOW YOU MAY USE MATERIAL WE PROVIDE
5.1 We are the owner or the licensee of all intellectual property rights in our Programs. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
5.2 You must not use any part of the content of the Programs for any purpose other than your personal birth preparation and nutrition.
6.2 We may ask your permission to publish the photos. We may contact you to ask permission to publish photos you provide. We will always do this in writing, and, if we get your express written approval, you grant us the right to publish those photos, share them with the public and use them in any way whatsoever, including commercial uses, in perpetuity.
OUR CONTRACT WITH YOU
7.1 When the contract for a purchase of a Program comes in force. When you tick the box confirming that you accept these Terms of Business and then click the ‘PLACE ORDER’ button and made your payment, you are making an offer to purchase the Program. A legally binding contract is formed when we have sent you a confirmation email that your order has been accepted.
7.2 We may refuse to sell a Program for medical reasons. Our policy is that we will not provide birth preparation or nutrition plans if, by way of example, you are suffering an illness, injury or condition that complicates and affects your own pregnancy health or that of your baby or if you are under 18.
7.3 You must be in good health. You confirm that you are in good physical condition and know of no medical or other reason why you should not engage in the birth preparation program.
7.4 Our Programs are primarily aimed to customers in the UK. We reserve the right to reject any orders of Programs from outside the UK. If we do so, you will be given a full refund.
PROVIDING THE PROGRAM
8.1 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the Program to you. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 11.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the Program late or not supplying any part of it if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
8.2 Reasons we may suspend the supply of the Program to you. We may have to suspend the supply of a Plan to:
(a) deal with technical problems or make minor technical changes; or
(b) update the Program to reflect changes in relevant laws and regulatory requirements; or
(c) make changes to the Program as requested by you or notified by us to you.
8.3 Your rights if we suspend the supply of Program. We will contact you in advance to tell you we will be suspending supply of the Program, unless the problem is urgent or an emergency. If we have to suspend the provision of the Program for longer than one week in any 90 day period we will adjust the price so that you do not pay for the Program while it is suspended. You may contact us to end the contract for a Program if we suspend it, or tell you we are going to suspend it, in each case for a period of more than two weeks and we will refund any sums you have paid in advance for the Program in respect of the period after you end the contract.
8.4 We may also suspend supply of the Program if you do not pay. If you do not pay when you are supposed to and you still do not make payment within three days of us reminding you that payment is due, we may suspend supply of any elements of the Program until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply. We will not suspend the Program where you dispute the unpaid invoice (see clause 13.8). We will not charge you for the Program during the period for which it is suspended. As well as suspending the Program we may also charge you interest on your overdue payments (see clause 13.6).
YOUR RIGHTS TO END THE CONTRACT
9.1 Rights and exclusions. You have the right to end the contact in certain circumstances. However, these are subject to certain important exclusions, which are set out below. Please check these carefully.
9.2 If you have opted to pay by instalments: you may not terminate the plan after the 14 day cooling off period. Your payments will be collected in three installments from the date of purchase until the program is paid in full.
If you have just changed your mind about the Program you may request to cancel your membership within 14 days of the order.
If you have opted to pay by monthly instalments: you may not terminate the plan after the 14 day cooling off period.Your payments will be collected on a monthly basis, for a further 2 months from the date of purchase.
If you want to end the contract because of something we have done or have told you we are going to do, see clause 9.3;
(d) If you are ill or injured and cannot complete the Program, you are still contracted to pay for it. Please contact us if there are special circumstances such as a baby loss. We will consider a partial or full refund on a case by case basis.
9.3 Ending the contract because of something we have done or are going to do. If:
(a) we have told you about an upcoming change to the Program;
(b) we have told you about an error in the price or description of the Program you have ordered and you do not wish to proceed;
(c) we have suspended supply of the Program for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than a week; or
(d) you have a legal right to end the contract because of something we have done wrong, you may end the contract and we will refund you in full for any cycles of the Program which have not been provided.
9.4 Ending a contract prior to the expiration of a trial offer. To cancel a free trial, you must write to [email protected] BEFORE the trial period expires. (See Clause 10)
HOW TO END THE CONTRACT WITH US
10.1 Tell us you want to end the contract. If you are entitled to end the contract with us (see clause 9) and wish to do so, please let us know by doing one of the following:
(a) Email. Email customer services as set out above.
(b) By post. Or simply write to us at the address above, including details of what you bought, when you ordered or received it and your name and address.
10.2 Where applicable, we will refund you the price you paid for the Program, by the method you used for payment. However, we may make deductions from the price, as described below.
10.3 If your refund is authorised. We will make any refunds due to you as soon as possible, and in any event within 30 days of us receiving notice that a refund is due.
OUR RIGHT TO END THE CONTRACT
11.1 We may end the contract if you break it. We may end the contract for a Program at any time by writing to you if:
(a) you do not make any payment to us when it is due and you still do not make payment within five days of us reminding you that payment is due;
(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Program; or
(c) in respect of a Program if you are suffering an illness, injury or condition that complicates your pregnancy health or that of your baby.
11.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 11.1 we will refund any money you have paid in advance for Programs 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.
IF THERE IS A PROBLEM WITH THE PRODUCT
12.1 How to tell us about problems. If you have any questions or complaints about the Program, please contact us by writing to us [email protected]
12.2 Summary of your legal rights. We are under a legal duty to supply Programs that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the Program. Nothing in these Terms of Business will affect your legal rights.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
The Consumer Rights Act 2015 says digital content, such as the Program, must be as described, fit for purpose and of satisfactory quality:
if your digital content is faulty, you are entitled to a repair or a replacement
if the fault cannot be fixed, or if it has not been fixed within a reasonable time and without significant inconvenience, you can get some or all of your money back
if you can show the fault has damaged your device and we have not used reasonable care and skill, you may be entitled to a repair or compensation
PRICE AND PAYMENT
13.1 Ways to pay. Goods must be paid for in advance. Programs may be paid for by a one off payment or payment plan option, payable by monthly instalments until the program is paid in full. An administration fee or equivalent may be payable to set up the instalments option and this fee will be non-refundable.
13.2 Where to find the price for the Program. The fee for the program are the following two options: 1 payment (due today) or instalments . If you select instalments, you will pay the first instalment today, and additional monthly payments from the date of purchase until the program is paid in full. If you choose to pick this option, you are responsible for all payments unless a refund is requested according to the terms further outlined below. Please note that if you choose the installment option, Essentially Birth retain the right to suspend access to any program if payments are not made as they are due. Further, if at any time there is a past due payment, access to the program will be temporarily restricted until the account is in current financial standing. Each monthly invoice only indicates the payment and balance due for the current month listed on that individual invoice, and does not reflect the ongoing or remaining balance for the account. We reserve the right to collect all monies due or overdue either in lump sum or instalments. However, we will always work with a customer to help them to pay off an outstanding debt if communication lines remain open.Should you have any account questions you can email [email protected] at any time.
13.4 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the Program, we will adjust the rate of VAT that you pay, unless you have already paid for the Program in full before the change in the rate of VAT takes effect.
13.5 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the Programs we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the Program’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the Program’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order.
13.6 We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of Barclays Bank plc from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
13.7 We can charge an admin fee if you pay late. If a payment is cancelled, cannot be taken due to insufficient funds, or has been refused by Stripe, a reminder email will be sent to you requesting the outstanding payment. This can be paid from your original payment method, or by credit card. If the funds have not been received within five days of the due date, a $20 admin fee will be charged. At this stage, the Program will go on hold until the balance is paid. If payment is not received within five working days, a further email will be sent advising you that if outstanding funds are not received we reserve the right to pass your details over to our chosen debt collection agency to enable us to recover the costs. This email will represent the final demand for payment. Additional charges may apply in this instance.
13.8 What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
13.9 We are not liable for any charges that your bank may add to transactions.
13.10 You will be charged at the exchange rate available on the day of transaction.
OUR RESPONSIBILITY FOR LOSS OR DAMAGE
14.1 We do not provide medical advice. When following a birth preparation or nutrition plan you are doing so at your own risk, and you must take full responsibility for the effects on your body which you may experience along the way.
14.2 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms of Business, 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.
14.3 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 or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Programs; and for defective Programs under the Consumer Protection Act 1987.
14.4 We are not liable for business losses. We only supply the Programs for domestic and private use. If you use the Programs for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
HOW WE MAY USE YOUR INFORMATION
OTHER IMPORTANT TERMS
16.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these Terms of Business to another organisation.
16.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these Terms of Business to another person if we agree to this in writing.
16.3 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.
16.4 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.
16.5 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 of Business, 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 Programs, we can still require you to make the payment at a later date.
16.6 Which laws apply to this contract and where you may bring legal proceedings. These Terms of Business are governed by Northern Irish law and you can bring legal proceedings in respect of the Programs in the Northern Irish courts. If you live in Scotland or England you can bring legal proceedings in respect of the Programs in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the Programs in either the Northern Irish or the English courts. The foregoing is subject to mandatory consumer protections which apply in your country, which may offer you additional rights.
16.7 Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to consider an alternative dispute resolution provider. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.
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If you have any questions or problems, please let us know by contacting our support team directly. The support desk can be reached at: [email protected]
Please include your name and original order number on all inquiries.