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STANDARD TERMS & CONDITIONS:

CERTIFICATE AND DIPLOMA COURSES IN INFANT REFLUX

Background

These Standard Terms & Conditions, together with any documents referred to therein, set out the terms on which We will provide the Certificate and/or Diploma Course in Baby Reflux and the Baby Reflux Lady Network Membership to You.  Please read these Standard Terms & Conditions carefully and ensure that You understand them before agreeing to purchase a place on the Certificate and/or Diploma Course in Baby Reflux and the Baby Reflux Lady Network Membership.  If You do not agree to be bound by these Standard Terms & Conditions, You will not be able to purchase a place on, or participate in, the Certificate and/or Diploma Courses in Baby Reflux or any other courses from The Baby Reflux Lady Ltd.

  1. Definitions and Interpretation

In these Standard Terms & Conditions, unless the context otherwise requires, the following expressions have the following meanings:

“Acceptance”

means Our acceptance of Your Application to take part in the Course;

“Account”

means an account created by You on the Platform through which You will be given access to the Course Materials;

“Agreement”

means the agreement between You and Us pursuant to which We shall provide the Course and the Membership, in each case on the terms set out in these Standard Terms & Conditions;

“Application”

means Your application to take part in the Course;

“Commencement Date”

means the date on which You enter into the Agreement with Us;

“Confidential Information”

means information which is confidential in nature or which is or may be commercially sensitive, and which is disclosed as a result of or in connection with Your participation in the Course and/ or the Membership.  Confidential Information may include (but is not limited to):

(1)    information of a secret, sensitive or confidential nature relating to Our business, dealings, affairs, practice, accounts, finances, trading, software or know-how, and includes the Course Materials; and / or

(2)    information of a secret, sensitive or confidential nature which is disclosed during the Course or Membership by another Course Participant or Member, whether to You individually or in the context of group discussions;

 

and in each case, whether that disclosure is made orally or in writing, and whether or not the information is expressly stated to be confidential or marked as such.

“Consumer”

means a “consumer” as defined by the Consumer Rights Act 2015, and in relation to the Agreement means an individual customer who purchases a place on the Course for their own personal use and for purposes wholly or mainly outside the purposes of any business;

“Course”

means the Certificate and/or Diploma Course in Baby Reflux to be provided by Us to You;

“Course Fee”

means the fees payable by You for the Course, in accordance with Clause 7;

“Course Materials”

means any and all materials to which You may have access as a result of Your participation in the Course or the Membership (including but not limited to any live or recorded material, podcasts, audio or video files and any other recorded material delivered by Us or on Our behalf; webinars and written materials (including but not limited to workbooks, worksheets, presentations and other downloadable materials) whether in soft or hard copy);

“Course Participant”

means the participants in the Course from time to time;

“Data Protection Legislation”

 

means all applicable data protection and privacy legislation in force from time to time in the UK including the UK GDPR; the Data Protection Act 2018 (DPA 2018) (and regulations made thereunder); the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426) as amended and all other legislation and regulatory requirements in force from time to time which apply to a party relating to the use of personal data;

“Intellectual Property Rights”

means:

(a) any and all rights in any patents, trademarks, service marks, registered designs, applications (and rights to apply for any of those rights), trade, business and company names, internet domain names and e-mail addresses, unregistered trademarks and service marks, copyrights, database rights, know-how, rights in designs and inventions;

(b) rights under licences, consents, orders, statutes or otherwise in relation to a right in paragraph (a);

(c) rights in or in relation to Our Confidential Information;

(d) rights of the same or similar effect or nature as or to those in paragraphs (a), (b) and (c) which now or in the future may subsist; and

(e) the right to sue for past infringements of any of the foregoing rights;

“Member”

means any person who is enrolled in the Membership;

“Membership”

means the Baby Reflux Lady Network Membership, which shall be provided by Us on the terms set out in these Standard Terms & Conditions;

“Membership Subscription Fee”

means the monthly subscription fee payable by You in respect of the Membership, in accordance with Clause 7;

“Our Site”

means Our website at www.thebabyrefluxlady.co.uk;

“Platform”

means the Kajabi online platform through which We may release the Course Materials to You, or such other online platform as We may use from time to time;

“Term”

shall have the meaning set out in Clause 2.5;

“Us” or “We”

means The Baby Reflux Lady Ltd, a limited company incorporated in England & Wales with company number 11121090

whose registered office address is at 18 - 22 Church Street, Malvern, United Kingdom, WR14 2AY; and

“You”

means the person to whom We shall provide the Course and the Membership under the Agreement.

 

  1. How the Agreement is formed
    • In order to take part in the Course, You will first need to indicate via the sales page on Our Site whether You wish to purchase a place on:
      • the Certificate Course,
      • the combined Certificate and Diploma Course; or
      • the Diploma Course upgrade for current or former Certificate Course students.
  • No part of Our Site constitutes a contractual offer capable of acceptance. Your completion of the checkout page constitutes a contractual offer to purchase a place on the Course and must be accompanied by the Course Fee.  We may, at Our sole discretion, accept that offer.  Our acceptance is indicated by Us sending You, by email, Our confirmation email which constitutes Our acceptance of Your Application.  This represents a legal, binding Agreement between You and Us.
  • If, for any reason, We cannot accept Your Application, any Course Fee paid by You will be refunded to You as soon as possible.
  • We will provide the Course(s) to You on the terms set out in these Standard Terms & Conditions. 
  • The Agreement shall come into force on the Commencement Date and shall continue until it is terminated in accordance with Clauses 10 to 13 (the “Term”).
  1. The Course(s) 
    • A description of the content of the Course shall appear on Our Site at the time of Your Application, and may include:
      • 12 group tutoring calls via such online platform as We may determine from time to time;
      • 12 months access via the Platform to the Course Materials; and/ or
      • 12 months access to a private Group via Telegram or Facebook (or such other channel as We may determine from time to time) for Course Participants and Members.
    • In order to successfully complete the Course and be awarded the Certificate and/ or Diploma (as the case may be), You must:
      • complete all of the Modules comprising the Course in full, by attending the group live tutor calls ore replays and by studying the related Course Materials; and
      • successfully complete any assignments  referred to in the Course description on Our Site (together the “Assignments”) which We shall set as part of the Course.
      • The Assignments referred to in Clause 3.2.2 are assessed by Us. Our decision on the marks and/ or result to be awarded for the Assignments is final. 
    • If You do not pass an Assignment, You will be required to re-submit and pass the Assignment before You can be awarded the Certificate and/ or the Diploma (as the case may be).  An additional fee will be payable to Us for marking any re-submitted Assignments, which additional fee shall be set out in Our Assessment Marking Guidelines document.
    • In providing the Course and the Membership to You, We shall be acting as an independent coaching and training provider. Nothing in the Agreement shall be deemed to create any:
      • partnership, joint venture or agency between You and Us;
      • employment relationship between You and any of Our staff; or
      • other fiduciary relationship between You and Us,

        other than the contractual relationship expressly provided for in the Agreement.
    • The Course(s) provided by Us (and any persons engaged by Us) under the Agreement will at all times be under Our exclusive supervision, direction and control. 
    • We shall make all reasonable efforts to ensure that the general description of the Course(s) which appears on Our Site corresponds to the actual Course and/ or Membership that will be provided to You. However, We reserve the right to update and / or change the precise nature and contents of the Course(s) from time to time, at Our sole discretion.
    • We expect You to satisfy Yourself that the Course(s) will meet Your needs. We do not make any guarantee that You will obtain a particular professional and/ or employment or business opportunity from the Course(s).  Decisions as to whether and how to incorporate the principles covered in the Course(s) into Your personal or professional life are entirely Your responsibility.
    • You understand that any testimonials provided on Our Site do not and are not intended to represent or guarantee that any other Course Participant or Member will receive the same or similar results.
    • You understand that the Course(s) are not intended to be a substitute for medical or other professional advice (including but not limited to advice from a medical doctor, TCM practitioner, nutritionist, dietician, psychiatrist or other medical practitioner) and that it is Your responsibility to seek such independent professional advice for Yourself, or to advise Your clients to do so, where necessary or appropriate.
  1. Scheduling of live group tutoring calls
    • As part of the Course(s), You may be offered the opportunity to take part in live group tutoring calls. Those group tutoring calls will take place at the scheduled dates and times.   You understand that:
      • We will advise You of the dates and times of the live group tutoring calls in advance;
      • the dates and times advised to You may be subject to change, depending on the availability of the persons delivering the Course(s) to You and other matters which may be beyond our control;
      • the dates and times of live group tutoring calls cannot be rescheduled at the request of Course Participants or Members; and
      • if You cannot attend at the scheduled date and time, You may (provided You have paid the Course Fees, as appropriate, and are not in breach of the Agreement) be given access to a recording of the live group tutoring call and/ or the relevant materials. No refunds will be given in respect of missed live group tutoring calls.
  1. Our obligations
    • In providing the Course(s) to You, We shall act at all times with reasonable skill and care, consistent with prevailing standards in the baby reflux training industry in the United Kingdom.
    • We shall ensure that any persons engaged by Us to provide the Course(s) to You have the requisite skills and experience to provide the same.
    • Our obligations to You under the Agreement are limited to providing the Course(s). Any request You may make for additional advice or assistance outside the scheduled group coaching sessions and the Course Materials shall not be included in the Course(s).  We may at Our sole discretion decline to deal with any such request.  If We do agree to deal with any such additional request under this Clause 5.3, We may impose an additional charge for Our time.  Any such charge will be agreed with You in advance.
    • We will make every reasonable effort to provide the Course(s) in a timely manner. In certain circumstances, including (but not limited to) where We encounter a technical issue, We may need to postpone the delivery of a live group tutoring call, and/ or Your access to the Course Materials via the Platform.  We shall use all reasonable endeavours to resolve any such issues.  However, We shall not be liable for any delay in the provision of the Course (s), or access to the Course Materials, due to circumstances which are due to technical issues which are outside Our control or to any Event Outside Out Control as described in Clause 16.
  2. Your obligations
    • For the duration of the Course(s), You undertake to:
      • commit to and participate actively and fully in the Course(s);
      • carry out all the self-directed study and the Assignments diligently and to the best of Your ability;
      • communicate honestly;
      • conduct Yourself in a responsible and courteous manner at all times;
      • attend all live group tutoring sessions on time; and
      • promptly catch up on any recorded sessions, if you are unable to attend a session at the scheduled time.
    • You shall take out adequate student indemnity insurance with a reputable insurer to cover any client work carried out by You during the Course(s). This insurance must be taken out prior to You commencing the client practice aspect of the Programme.  We reserve the right to suspend Your participation in the Course(s) (or any part of it) if You are unable to produce satisfactory evidence of insurance cover to Us on request
    • You undertake not record any live group tutoring call or make a copy of any other recorded Course Materials, by any means, without Our advance permission.
    • In order to access the Course Materials, You will need to create an Account on the Platform by creating a user ID and a password (together the “Log In Details”). You agree that You will not under any circumstances share Your Account or Your Log In Details with any other person.  If You believe that Your Account or Your Log In Details are being used without Your permission, You must contact Us immediately at [email protected].
    • You understand and acknowledge the importance of:
      • the Confidential Information and Intellectual Property Rights to Our business; and
      • the importance of maintaining and preserving the confidentiality of any Confidential Information disclosed by any other Course Participant and/ or Member during the Course and/ or Your Membership; 

and accordingly You warrant and undertake to comply at all times with Your obligations in relation to the Confidential Information and Our Intellectual Property Rights as set out in Clauses 8 and 9 below.

    • When communicating in any way using Our Site, the Platform, any video conferencing platform that We may use during the Course(s), and any other platform group to which You have access as part of the Course (s), You must not communicate or otherwise do anything that:
      • is obscene, offensive, hateful or otherwise inflammatory;
      • promotes or assists in any form of unlawful activity;
      • discriminates against, or is in any way defamatory of, any person, group or class of persons, race, gender, marriage or civil partnership, pregnancy or maternity, religion or belief, nationality, disability, gender reassignment, sexual orientation or age;
      • is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
      • is calculated or is otherwise likely to deceive;
      • falsely claims any knowledge or expertise which You do not possess;
      • is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy or otherwise uses their personal data in a way that You do not have a right to;
      • infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, patents, trademarks and database rights) of any other party;
      • is in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence; and/ or
      • otherwise infringes the Our Website Terms of Use, or the terms of use of the Platform, any video conferencing platform that We may use when providing the Course(s) and/ or Facebook or other platforms.
    • We reserve the right to suspend or terminate your participation in the Course(s), Your access to Our Site, the Platform, the Telegram group and/ or the Facebook group if You materially breach the provisions of this Clause 6 or any of the other provisions of these Standard Terms & Conditions. 
    • If We suspend or terminate Your Cours(s) as a result of Your breach of this Clause 6, no refund shall be due to in respect of the Course Fee(s) (or any part thereof).
  1. Course Fee
    • In consideration for Us providing the Course to You, You agree to pay the Course Fee in accordance with this Clause 7. The Course Fee shall be the Course Fee displayed on Our Site at the time of Your purchase.
    • The Course Fee shall be payable:
      • in one lump sum payment on entry into the Agreement; or
      • in instalments (at Our discretion).
    • The Course Fee and any instalments shall be paid via the payment gateway on Our Site.
    • If We agree to accept payment of the Course Fee in instalments, the amount of those instalments will be confirmed on Our Site at the time of Your purchase of a place on the Course. If You default on the payment of an instalment, all remaining instalments shall immediately become due and payable.
    • Any fees charged by Your bank or Your debit or credit card provider in connection with Your payment of the Course Fees are for Your own account and We shall not be responsible for these.
    • You shall be responsible for all costs You incur in connection with Your access to the Course, the Membership or to the Platform, including but not limited to:
      • telephone and/ or internet connection charges; and/ or
      • costs of downloading and/ or printing the Course Materials.
    • If the Course Fees are not paid in accordance with this Clause 7, We reserve the right to:
      • charge interest on any overdue sum at the statutory rate above the base rate of Barclays Bank PLC from time to time (details can be found on gov.uk website). Interest under this Clause 7.10.1 will accrue from the due date for payment until the actual date of payment of the overdue sum, and is payable on demand; administration fees will also be charged in line with any outstanding payments in line with the UK government allowances: £40 on payments up to £999.99; £70 on payment from £1000 to £9,999.99; £100 on payments over £10,000;
      • suspend Your access to the Course and/ or the Membership until payment of all outstanding instalments (together with any interest charged under Clause 7.10.1 above) is made in full; and/ or
      • terminate the Agreement, in accordance with Clause 13.1.
    • We make all reasonable efforts to ensure that the Course Fee shown on Our Site is correct at the time of Your purchase. We reserve the right to change the Course Fee and to add, alter or remove special offers or bonuses from time to time and as necessary.  Changes in the Course Fee will not affect the Course Fee payable if You have already entered into the Agreement. 
  2. Confidential information
    • As a result of Your participation in the Course(s),  We may disclose Confidential Information to You.
    • You may also, as a result of Your participation in the Course(s), be privy to Confidential Information (including secret, sensitive or otherwise confidential information) disclosed by or relating to other Course Participants or Members.
    • You undertake that You will, at all times during the continuance of the Agreement and after its termination:
      • keep secret and confidential all Confidential Information;
      • not disclose (either directly or indirectly) any information disclosed by or relating to any other Course Participant or Member (including but not limited to any Confidential Information) to any other person;
      • not use any Confidential Information other than for the purpose of Your participation in the Course and/ or Membership and subject to these Standard Terms & Conditions; and
      • not make any copies of, record in any way or part with possession of any Confidential Information or any information (irrespective of whether that information is secret, sensitive or confidential in nature) relating to any Course Participant or Member.
    • The obligations contained in this Clause 8 shall survive the termination of the Course, the Membership and the Agreement.
  3. Intellectual property
    • All Intellectual Property Rights subsisting in the Course Materials shall at all times remain Our exclusive property (or the property of Our licensors, as appropriate). Nothing in these Standard Terms & Conditions shall vest in You any rights in the Course Materials or any other material provided by or belonging to Us (or Our licensors, as appropriate). 
    • When We provide You with 12 months access to the Course Materials, We will grant You a limited, revocable, non-exclusive, non-transferable, non-sublicensable licence to access and use the Course Materials for the purposes of Your own learning and for no other purpose. The licence granted to You does not give You any rights in the Course Materials (including any materials that We may licence from third parties).
    • You may not, for the term of the Agreement and at any time after its termination:
      • copy, record, reproduce, modify, rent, sell, publish, republish, sub-licence, post, broadcast, distribute, share or otherwise transmit the Course Materials (or any part of them) or make the Course Materials (or any part of them) available to any other person; or
      • use the Course Materials in the provision of any other course, training or coaching.
    • Without prejudice to the generality of the foregoing, You may not record any live group tutoring session (in full or in part) or copy or record any other Course Materials without Our advance permission.
  4. ‘Cooling Off Period’
    • If You have entered into the Agreement as a Consumer, and not for the purposes of Your business, You have a statutory right to a “cooling off period”. This period will begin on the Commencement Date, and end at the end of 14 calendar days after that date (the “Cooling Off Period”).
    • If You have entered into the Agreement for the purposes of Your business, You are not entitled to the statutory Cooling Off Period, and the remainder of this Clause 10 does not apply to You.
    • If You wish to cancel the Agreement within the Cooling Off Period, You should inform Us immediately by a clear statement in writing to the following email address: [email protected]. You may use the Model Cancellation Form attached as a Schedule to these Standard Terms & Conditions, but You do not have to do so.
    • If You cancel the Agreement within the Cooling Off Period, You shall (subject to any deductions made under Clause 10.6 below) be entitled to a refund of the Course Fee. 
    • To meet the cancellation deadline, it is sufficient for You to send Your written notice of cancellation before the Cooling Off Period has expired.
    • If You wish to start the Course within the Cooling Off Period, You must expressly request this in writing. By making such a request, You acknowledge and agree that, if You cancel the Agreement after You have started the Course and before the end of the Cooling Off Period, You will be required to pay for that part of the Course that You have been given access to and/ or received as at that date.
  5. Cancellation by You after the Cooling Off Period and before completion of the Course
    • After expiry of the Cooling Off Period (if this applies to You) and before Your completion of the Course You may only cancel the Agreement if:
      • We have committed a material breach of the Agreement;
      • You have given us written notice of the breach; and
      • We have failed to remedy the said breach within 14 days of Your notice.
    • If You wish to cancel the Agreement in accordance with Clause 11.1, and We agree that You are entitled to do so:
      • You must inform Us in writing at [email protected]; and
      • We shall refund You for any part of the Course that You have paid for as at the date of Your cancellation, but which has not yet been delivered to You.
    • Any refunds made under Clause 11.2 will be made using the same payment method You used when paying Your Fees.
    • Subject to Clause 11.1 above, once the Cooling Off Period (if this applies to You) has expired and pending Your completion of the Course:
      • You shall not be entitled to cancel this Agreement;
      • You shall not be entitled to a refund of the Course Fee (or any part thereof); and
      • If You and We have agreed that You may pay the Course Fee in instalments under Clause 7.2, You will continue to be liable for the remaining Course Fee instalments due for the remainder of the Course, on time and in full, in accordance with the dates and amounts specified in the Agreement.
  1. Our right to terminate the Agreement
    • We shall have the right to terminate the Agreement immediately if:
      • You breach any of the terms of the Agreement including but not limited to:
        • Your obligations as set out in Clause 6;
        • Your obligation to pay the Course Fees in full and on time, in accordance with Clause 7; or
        • Your obligations in respect of the Confidential Information (Clause 8) and Our Intellectual Property (Clause 9); or
      • You have in our reasonable opinion acted in such a way as might affect Our goodwill or reputation, or our ability to deliver the Courses to other clients.
    • If We terminate the Agreement under Clause 13.1:
      • all outstanding Course Fees shall immediately become due and payable by You; and
      • You shall not be entitled to any refund of the Course Fees (in whole or in part).
    • We shall have the right to terminate the Agreement if an Event Outside Our Control occurs that continues for more than 60 days, or if We are unable to provide or continue to provide the Course (or part of it) due to the non-availability of the necessary personnel and/ or materials, or for technical reasons.
    • We shall have the right to terminate the Agreement, at any time and for any reason, on 14 days written notice.
    • If We terminate the Agreement under Clause 13.3 or 13.4, You shall only be required to pay the Course Fees for that part of the Course (or Membership, as appropriate) that We have already provided as at the date of Our termination. This sum will be deducted from any refund of Course Fees due to You.  Any refunds made under this Clause 13.5 will be made using the same payment method You used when paying the Course Fee (or Membership Subscription Fee, as appropriate).
  2. Effects of cancellation or termination
    • Upon cancellation or termination of the Agreement under Clauses 10 – 13 above, for any reason:
      • any outstanding Course Fees due from You to Us in accordance with the Agreement shall become immediately due and payable;
      • the licence granted to You by Us under Clause 9.2 shall terminate immediately;
      • You will cease to have access to the Course Materials through the Platform;
      • You will cease to have access to any Facebook/Telegram or alternative student group associated with the Course and/ or the Membership;
      • You undertake to destroy any soft or hard copies of the Course Materials that are in your possession, custody or control, on Our request, and to confirm to Us in writing (on our request) that You have done so;
      • We shall have no obligation to return to You or remove any content contributed by You in the course of Your participation in the Course and/ or the Membership;
      • all clauses of the Agreement which, either expressly or by their nature, relate to the period after the expiry or termination of the Agreement shall remain in full force and effect;
      • termination or cancellation shall not affect any remedy which the terminating party may have in respect of the event giving rise to the termination or cancellation or in respect of any breach of the Agreement which existed at or before the date of termination; and
      • subject as provided in this Clause 14, and except in respect of any accrued rights, neither party shall be under any further obligation to the other.
  1. Our liability
    • We make reasonable efforts to ensure that the Course Materials are accurate, complete and up-to-date. We do not, however, make any representations, warranties or guarantees (whether express or implied) that the Course Materials are accurate, complete or up-to-date; and/ or that You will obtain any given result from the Course.  We are under no obligation to update the Course Materials after they are provided to You.
    • Without prejudice to the generality of Clause 15.1, all warranties and representations are excluded to the fullest extent permitted by law.
    • We shall not be liable to You for:
      • any inaccuracy or misleading information provided in the course of the Course and/ or the Membership and/ or in the Course Materials;
      • any reliance by You on any such information;
      • any liability You may incur, or harm You may cause to others, as a result of reflux management or other advice given by You during or after completion of the Course; and/ or
      • any loss of profit, loss of business, interruption to business, loss of business opportunity, loss of goodwill or reputation or any other indirect, special or consequential loss or damages.
    • We (and the persons engaged by Us to provide the Course and/ or the Membership) are not acting in the capacity of doctor, psychiatrist, TCM practitioner, dietician, nutritionist or other licensed or registered professional, and any advice given by Us or on Our behalf is not intended to take the place of such professional advice. We do not prescribe or provide health care or medical services, or diagnose, treat or cure any disease, condition or other physical or mental ailment of the human body.  If You (or Your clients) are under the care of a health care professional or currently use prescription medications, You (or Your clients, as appropriate) should discuss any dietary changes or changes in medication with Your (or Your clients’) doctor, and should not discontinue any prescription medicine without first consulting Your (or Your clients’)doctor.
    • Subject to Clauses 15.1 – 15.4 above, Our total liability to You in respect of any claims arising out of or in connection with theAgreement, whether in contract, tort (including negligence), breach of statutory duty or otherwise, shall not exceed the total Course Fee and Membership Subscription Fees paid by You to Us under the
    • Nothing in these Standard Terms & Conditions seeks to exclude or limit Our liability for death or personal injury caused by Our negligence, or for fraud or fraudulent misrepresentation, or for any other liability which cannot be excluded by English law.
    • The provisions of this Clause 15 shall survive the termination of the Agreement.
  2. Events outside Our control

We shall not be liable for any failure or delay in performing Our obligations under the Agreement where that failure or delay arises from a cause or event that is beyond Our control.  Such causes or events may include, but are not limited to: power failure, internet service provider failure, service interruptions on the Platform, industrial action by third parties, civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism, acts of war, governmental action, epidemic, pandemic or other natural disaster or any other event that is beyond Our reasonable control.

  1. Data Protection
    • All personal information that You and We may use shall be collected, processed and held in accordance with the provisions of the Data Protection Legislation and the data subjects’ rights (including the rights of the parties to the Agreement) under the Data Protection Legislation. 
    • For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of Your rights and how to exercise them, and personal data sharing (where applicable), please refer to the Privacy Policy on Our Site.
    • You hereby consent to Us holding, processing and accessing Your personal and sensitive personal data for all purposes relating to provision of the Course under the Agreement, in accordance with Our Privacy Policy and this Clause 17.
  2. Contacting Us

If You wish to contact Us about any aspect of Our service, or to serve any notice under the Agreement, You may do so by email at [email protected].

  1.  No Waiver

No failure or delay by Us in exercising any of Our rights under the Agreement shall be deemed to be a waiver of that right, and no waiver by Us of a breach of any provision of the Agreement shall be deemed to be a waiver of any subsequent breach of the same or any other provision.

  1.  Assignment, Sub-Contracting and Third Party Rights
    • We may transfer (assign) Our rights under the Agreement to a third party (this may happen, for example, if We sell Our business). If this occurs, You will be informed by Us in writing. 
    • You may not transfer (assign) Your obligations and rights under the Agreement without Our express written permission.
    • We shall be entitled to perform any of Our obligations under the Agreement through suitably qualified and skilled sub-contractors.
    • The Agreement is between You and Us. No part of the Agreement is intended to benefit or confer rights on any other person, and accordingly the Contracts (Rights of Third Parties) Act 1999 shall not apply to the Agreement.
    • Subject to the above provisions of this Clause 20, the Agreement shall continue and be binding on Your and / or Our transferee, successors and assigns, as required.
  2. Severance

In the event that one or more of the provisions of the Agreement is found to be unlawful, invalid or otherwise unenforceable, that / those provision(s) shall be deemed severed from the remainder of the Agreement.  The remainder of the Agreement shall be valid and enforceable.

  1. Entire Agreement
    • The Agreement contains the entire agreement between You and Us with respect to its subject matter and may not be modified except by an instrument in writing signed by You and by Our duly authorised representative.
    • You and We acknowledge that, in entering into the Agreement, You and We do not rely on any representation, warranty, assurance or other provision (made innocently or negligently) except as expressly provided in the Agreement, and shall have no remedies in respect thereof.
  2. Amendments to these Standard Terms & Conditions

We may revise these Standard Terms & Conditions from time to time.  If We make changes to these Standard Terms & Conditions which will materially affect Your rights or obligations under the Agreement, We will give You written notice of the changes before they take effect. 

  1. Complaints and Dispute Resolution
    • You agree that if You have any complaints or issues with the Course and/ or the Membership and/ or the services provided by Us or on Our behalf, You will contact us as soon as possible and work collaboratively with us to attempt to resolve those issues in a constructive way. We also commit to resolving any issues You may have quickly and effectively, and are committed to ensuring that You experience as a Course participant and/ or as a Member is a positive one.
    • If You and We are unable to resolve any issues informally in accordance with Clause 24.1, then any dispute, controversy or claim between the You and Us arising out of or in connection with this Agreement (a “Dispute”) shall be resolved in accordance with the remainder of this Clause 24.
    • In the event of a Dispute arising, either party shall give the other party written notice of the Dispute, setting out its nature and particulars (a “Dispute Notice”) together with the supporting documents.
    • On service of the Dispute Notice, You and We shall attempt in good faith to resolve the Dispute by negotiation.
    • If, within 30 days, the Dispute has not been resolved pursuant to Clause 24.4, You and We shall attempt to resolve the Dispute by mediation in accordance with the CEDR Model Mediation Procedure. Unless otherwise agreed, the mediator shall be appointed by CEDR.  Either party may initiate mediation under this clause by serving an ADR notice on the other party requesting mediation, with a copy of the ADR notice being sent to CEDR.
    • If the Dispute is not resolved within 90 days after service of the Dispute Notice, the Dispute shall be finally resolved by the courts of England and Wales in accordance with Clause 25.
  2.  Law and Jurisdiction
    • The Agreement shall be governed by and construed in accordance with the laws of England and Wales. 
    • Any dispute, controversy or claim between the parties arising out of or in connection with this Agreement shall fall within the exclusive jurisdiction of the courts of England and Wales.

 

 

SCHEDULE

 

MODEL CANCELLATION FORM

To: The Baby Reflux Lady Ltd, of 18 - 22 Church Street, Malvern, United Kingdom, WR14 2AY

 

I hereby give notice that I wish to cancel the Course & Membership Agreement between us dated [insert date] (the “Agreement”).

Name of consumer(s):

Address of consumer(s):

Signature of consumer(s):

Date:

 

 

I understand that if I have requested and received access to the Course during the 14 day “cooling off” period and then cancel the Agreement during the “cooling off” period, I will be required to pay for that part of the Course and any related services that has been provided to me at the point of cancellation. 

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Certificate in Infant Reflux

THANK YOU for saying YES to your business, and YES to helping other families overcome baby reflux, for good.

Baby Reflux Specialists are a whole new niche, and one of which there is incredibly high demand and incredibly low supply – a great place to be entering a market from! Which is why I’m delighted to support you as you grow your business and reach the parents and babies who need you most, around your town, country and the rest of the world.

On completion of The Certificate in Infant Reflux, you will:

  • Have clarity of understanding on what reflux is and is not
  • Know when the doctor MUST be involved
  • Be able to decipher every baby's symptoms to identify the cause of their reflux and discomfort
  • Evaluate symptoms to determine the best course of action for each baby
  • Be able to create unique plan of action for each baby based on their specific symptoms
  • Critical understanding of how the medications work and don't work, how to support your clients in conversations with their paediatricians, doctors and other medical professionals
  • Change families lives, quickly and effectively
  • Be a Go-To Certified Reflux Specialist
  • Build Your Own Business on Your Terms

Join the Infant Reflux revolution with like-minded professionals working together to improve support for babies with reflux, and their families! We can’t wait to see you inside!

 

IMPORTANT:

FOR STUDENTS OUTSIDE THE UK: If you are not a registered business, or are unsure of your registration status, please enrol and pay VAT on this link. When your business becomes registered you can change your payments to exclude VAT from your payment plans.