Consumer T&Cs
THE BABY REFLUX LADY LTD
ONLINE COURSES
STANDARD TERMS & CONDITIONS
Background
These Standard Terms & Conditions, together with any documents referred to therein, set out the terms on which We will provide Our online baby reflux courses (the “ Courses ”) to You. Please read these Standard Terms & Conditions carefully and ensure that You understand them before agreeing to purchase a place on a Course. 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, our Courses.
- Definitions and Interpretation
In these Standard Terms & Conditions, unless the context otherwise requires, the following expressions have the following meanings:
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“Account” |
means an account created by You on the Platform through which You will be given access to the Course Materials; |
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“Agreement” |
means the agreement between You and Us pursuant to which We shall provide the Course on the terms set out in these Standard Terms & Conditions; |
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“Commencement Date” |
means the date on which You enter into the Agreement with Us; |
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“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. Confidential Information may include (but is not limited to): (1) information of a secret, sensitive or confidential nature relating to Our business, dealings, affairs, clients, practice, accounts, finances, trading, products, software or know-how, and includes the Course Materials, 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; and/ or (2) information of a secret, sensitive or confidential nature which is disclosed by another Course participant; |
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“Consumer” |
means a “consumer” as defined by the Consumer Rights Act 2015, and in relation to the Agreement means an individual customer who enters into the Agreement and participates in the Course for their own personal use and for purposes wholly or mainly outside the purposes of any business; |
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“Course” and “Courses” |
“Courses” means the online baby reflux courses provided by Us, including: the Breastfeeding Masterclass Webinar, the Reflux Free Baby Workshop, the Reflux Free Baby Weaning Course, the Reflux Free Baby Solids Course or any combination of these courses under the Complete Reflux Free Baby packages (together with such other online baby reflux courses as We may provide from time to time). References to the “Course” in these Standard Terms & Conditions shall be a reference to the individual Course which is the subject of Your Order and the Agreement; |
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“Course Fees” |
means the fees payable by You for the Course in accordance with Clause 6, as specified on Our Site; |
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“Course Materials” |
means any and all materials to which You may have access as a result of Your participation in the Course (including but not limited to any live or recorded material, audio or video files and any other recorded material delivered by Us or on Our behalf; and written or downloadable materials, whether in soft or hard copy); |
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“Data Protection Legislation”
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means 1) unless and until EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) is no longer directly applicable in the UK, the GDPR and any national implementing laws, regulations, and secondary legislation (as amended from time to time), in the UK; and subsequently 2) any legislation which succeeds the GDPR; |
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“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 including the Course Materials; (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; |
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“Order” |
means Your order for a place on the Course; |
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“Order Confirmation” |
means Our acceptance and confirmation of Your Order; |
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“Our Site” |
means Our website at https://www.thebabyrefluxlady.co.uk ; |
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“Platform” |
means the Kajabi online platform accessed via Our Site through which We may release the Course Materials to You, or such other online platform as We may use from time to time; |
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“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 |
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“You” |
means the person to whom We shall provide the Course under the Agreement. |
2. How the Agreement is formed
2.1 Our Site will guide You through the process of placing Your Order.
2.2 No part of Our Site constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer to purchase a place on the Course subject to these Standard Terms & Conditions. We may, at Our sole discretion, accept that offer. Our acceptance is indicated by Us sending You an Order Confirmation by email. Only once We have sent You an Order Confirmation will there be a legal, binding Agreement between You and Us.
2.3 If, for any reason, We cannot accept Your Order, then any Course Fees paid by You will be refunded to You as soon as possible.
2.4 We shall provide the Course to You on the terms set out in these Standard Terms & Conditions, which are incorporated into the Agreement.
3. The Course
3.1 A full description of the Course appears on Our Site, and may include some or all of:
3.1.1 recorded training session(s);
3.1.2 access via the Platform to the Course Materials; and
3.1.3 access to a private Facebook group for participants in Our Courses .
3.2 In providing the Course to You, We shall be acting as an independent course provider. Nothing in the Agreement shall be deemed to create any:
3.2.1 partnership, joint venture or agency between You and Us;
3.2.2 employment relationship between You and anyone engaged by Us; or
3.2.3 other fiduciary relationship between You and Us,
other than the contractual relationship expressly provided for in the Agreement.
3.3 The Course 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 be solely responsible for organising when, how and where the Course is provided under the Agreement.
3.4 We shall make all reasonable efforts to ensure that the general description of the Course which appears on Our Site corresponds to the actual Course that will be provided to You. However, We reserve the right to update and / or change the precise nature and contents of the Course from time to time, at Our sole discretion.
3.5 We expect You to satisfy Yourself that the Course will meet Your needs or those of Your baby. We do not make any guarantee that You or Your baby will obtain any particular result from Your participation in the Course. Decisions as to whether and how to incorporate the principles covered in the Course are entirely Your responsibility.
3.6 You understand that any testimonials provided on Our Site do not and are not intended to represent or guarantee that any other participant on the Course will receive the same or similar results for themselves or their baby .
3.7 You understand that the Course is 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 Your baby where necessary or appropriate. In particular, You must seek medical advice before making any changes to or ceasing to use any prescription medication.
4 Our obligations
4.1 In providing the Course to You, We shall act at all times with reasonable skill and care, consistent with prevailing standards in the baby reflux education industry in the United Kingdom.
4.2 We shall ensure that any person(s) engaged by Us to provide the Course to You have the requisite skills and experience to provide the Course.
4.3 Our obligations to You under the Agreement are limited to providing the Course. Any request You may make for additional advice or assistance outside the Course Materials shall not be included in the Course Fees. We may at Our sole discretion decline to deal with any such request or impose an additional charge for Our time. Any such charge will be agreed with You in advance.
4.4 We will make every reasonable effort to provide the Course in a timely manner. In certain circumstances, Your access to the Course Materials may be delayed. We shall use all reasonable endeavours to resolve any such issues. However, We shall not be liable for any delay in the access to Course Materials due to circumstances which are outside Our control or to any Event Outside Out Control as described in Clause 14.
5 Your obligations
5.1 You will need to create an Account on the Platform in order to access the Course Materials, 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].
5.2 You understand and acknowledge the importance of Our Confidential Information and Intellectual Property Rights, and warrant and undertake to comply at all times with Your obligations in relation to Our Confidential Information and Intellectual Property Rights as set out in Clauses 7 and 8 below.
5.3 We reserve the right, at Our sole discretion, to suspend or terminate Your participation in the Course if You materially breach the provisions of the Agreement.
5.4 When communicating in any way using the Platform and any Facebook group to which You have access as part of the Course, You must not communicate or otherwise do anything that:
5.4.1 is obscene, offensive, hateful or otherwise inflammatory;
5.4.2 promotes or assists in any form of unlawful activity;
5.4.3 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;
5.4.4 is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
5.4.5 is calculated or is otherwise likely to deceive;
5.4.6 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;
5.4.7 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;
5.4.8 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
5.4.9 otherwise infringes the Our Website Terms of Use, or the terms of use of the Platform and/ or Facebook.
5.5 We reserve the right to suspend or terminate Your access to the Course, Your access to the Platform and/ or the Facebook group associated with the Course if You materially breach the provisions of this Clause 5 or any of the other provisions of the Agreement. If We suspend or terminate Your access in this way, no refund shall be due in respect of the Course Fees.
6 Course Fees
6.1 In consideration for Us providing the Course to You, You agree to pay the Course Fees in accordance with this Clause 6. The Course Fees shall be the fees displayed on Our Site at the time You enter into the Agreement.
6.2 The Course Fees shall be payable in one lump sum payment on entry into the Agreement, via the payment gateway on the Platform.
6.3 You shall be responsible for all incidental costs You may incur in connection with Your participation in the Course (including but not limited to telephone and/ or internet costs of accessing the Platform).
6.4 We make all reasonable efforts to ensure that the Course Fees shown on Our Site are correct. We reserve the right to change the Course Fees from time to time and as necessary. However, any such changes in Course Fees will not affect You once You have entered into the Agreement.
7 Confidential information
7.1 As a result of Your participation in the Course, We may disclose Confidential Information to You. You may also, as a result of Your participation in the Course and/ or the Facebook group associated with the Course, be privy to confidential information relating to another Course participant.
7.2 You undertake that You will, at all times during the continuance of the Agreement and after its termination:
7.2.1 keep confidential all Confidential Information;
7.2.2 not disclose any Confidential Information to any other person;
7.2.3 not use any Confidential Information other than for the purpose of Your participation in the Course and subject to these Standard Terms & Conditions; and
7.2.4 not make any copies of, record in any way or part with possession with any Confidential Information.
7.3 The obligations contained in this Clause 7 shall survive the termination of the Course and of the Agreement.
8 Intellectual property
8.1 All Intellectual Property Rights subsisting in Our Site and in the Course Materials shall at all times remain Our exclusive property (or the property of Our licensors, as appropriate). Nothing in the Agreement 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).
8.2 When We provide You with 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 material that We may licence from third parties).
8.3 You may not, for the term of the Agreement and after its termination:
8.3.1 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
8.3.2 use the Course Materials in the provision of any other course or training
9 Legal right to cancel and ‘cooling off’
9.1 If You are a Consumer in the United Kingdom or the EU, You have the legal right to a “cooling off” period during which You can cancel the Agreement for any reason. This “cooling off” period begins on the date that You enter into the Agreement, and ends 14 calendar days after that date. This right to a “cooling off” period does not apply if You enter into the Agreement wholly or mainly for purposes relating to a business.
9.2 If You wish to exercise Your right to cancel under Clause 9.1 above, You must inform Us of Your decision within the “cooling off” period. You may inform Us of this in any way You wish. However, for Your convenience, a sample cancellation notice is included in the Schedule to these Standard Terms & Conditions. If You cancel by email or by post, Your cancellation is effective from the date on which You send Your cancellation. Our contact details for the purposes of any cancellation notice are as follows:
9.2.2 Email: [email protected]
9.2.3 Postal address: 18-22 Church Street, Malvern, Worcs, WR14 2AY, UK
9.3 If You access the Course Materials during the “cooling off” period referred to in Clause 9.1, and then subsequently cancel the Agreement during the “cooling off” period, You will be required to pay the Course Fees for that part of the Course Materials You have accessed on a pro-rata basis. Any Course Fees that have already been paid by You will be refunded to You within 14 days of Your cancellation, less any sums deducted in accordance with this Clause 9.3.
9.4 Any refunds made under Clause 9.3 above will be made using the same payment method You used when paying the Course Fees.
10 Cancellation after the “cooling off” period
10.1 You may only cancel the Agreement outside the “cooling off” period referred to in Clause 9 if We have committed a material breach of the Agreement, You have given Us written notice of that breach, and We have failed to remedy the said breach within 14 days of Your notice.
10.2 If You wish to cancel the Agreement in accordance with Clause 10.1, and We agree that You are entitled to do so:
10.2.1 You must inform Us in writing at [email protected]; and
10.2.2 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.
10.3 Any refunds made under Clause 10.2.2 will be made using the same payment method You used when paying the Course Fees.
10.4 Subject to Clause 10.1 above, once the “cooling off period” referred to in Clause 9 has expired:
10.4.1 You shall not be entitled to cancel the Agreement; and
10.4.2 You shall not be entitled to a refund of the Course Fees (or any part thereof).
11 Our right to terminate the Agreement
11.1 We shall have the right to terminate the Agreement immediately if You breach any of the terms set out in the Agreement including, but not limited to:
11.1.1 Your obligations as set out in Clause 5;
11.1.2 Your obligation to pay the Course Fees in full and on time, in accordance with Clause 6; and
11.1.3 Your obligations in respect of Our Confidential Information (Clause 7) and Our Intellectual Property (Clause 8).
11.2 If We terminate the Agreement under Clause 11.1, You shall not be entitled to any refund of the Course Fees paid by You (in whole or in part).
11.3 We shall have the right to terminate the Agreement if an Event Outside Our Control occurs, 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.
11.4 If We terminate the Agreement under Clause 11.3, You shall only be required to pay the Course Fees for the part of the Course that We have already provided as at the date of termination. This sum will be deducted from any refund due to You.
12 Effects of cancellation or termination
12.1 Upon cancellation or termination of the Agreement under Clauses 9 or 11 above, for any reason:
12.1.1 any outstanding Course Fees due from You to Us in accordance with the Agreement shall become immediately due and payable;
12.1.2 the licence granted to You by Us under Clause 8.2 shall terminate immediately;
12.1.3 You will cease to have access to the Course Materials through the Platform;
12.1.4 You will cease to have access to any Facebook group associated with the Course;
12.1.5 We may require You to destroy any soft or hard copies of the Course Materials that are in your possession, custody or control, and to confirm to Us in writing (on our request) that You have done so.
12.1.6 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;
12.1.7 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
12.1.8 subject as provided in this Clause 12, and except in respect of any accrued rights, neither party shall be under any further obligation to the other.
13 Our liability
13.1 We make reasonable efforts to ensure that the Course Materials are accurate, complete and up-to-date at the time they are delivered. 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. We are under no obligation to update the Course Materials after they have been provided to You.
13.2 Without prejudice to the generality of Clause 13.1, all warranties and representations are excluded to the fullest extent permitted by law.
13.3 We shall not be liable in respect of:
13.3.1 any inaccuracy or misleading information provided during the Course and/ or in the Course Materials;
13.3.2 any reliance by You on any such information;
13.3.3 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.
13.4 We (and the persons engaged by Us to provide the Course) are not acting in the capacity of doctor, psychiatrist, TCM practitioner dietician, or other licensed or registered medical 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 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. Any dietary changes or potential dietary supplements or change in medication should be discussed with a doctor, and You should not discontinue any prescription medicine for You or Your baby without first consulting Your doctor.
13.5 Our total liability to You in respect of any claims arising out of or in connection with the Agreement, whether in contract, tort (including negligence), breach of statutory duty or otherwise, shall not exceed the total Course Fees paid or payable by You to Us under the Agreement.
13.6 Nothing in these Standard Terms & Conditions or in the Agreement seeks to exclude or limit Our liability for death or personal injury caused by Our negligence, or for fraud or fraudulent misrepresentation.
14 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.
15 Data protection
15.1 All personal information that We may use will be collected, processed, and held in accordance with the provisions of the Data Protection Legislation.
15.2 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 Our Privacy Policy on Our Site.
15.3 You hereby consent to Us holding, processing and accessing Your personal data for all purposes relating to provision of the Course under the Agreement, in accordance with Our Privacy Policy and this Clause 15.
16 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.
17 Assignment, Sub-Contracting and Third Party Rights
17.1 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.
17.2 You may not transfer (assign) Your obligations and rights under the Agreement.
17.3 We shall be entitled to perform any of Our obligations under the Agreement through suitably qualified and skilled sub-contractors.
17.4 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.
17.5 Subject to the above provisions of this Clause 17, the Agreement shall continue and be binding on Your and / or Our transferee, successors and assigns, as required.
18 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.
19 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.
20 Feedback and Complaints
We always welcome feedback from Our Course participants, and will use all reasonable endeavours to ensure that your experience on the Course is a positive one. If You do have any complaints or issues with the Course or services provided by Us or on Our behalf, please contact us as soon as possible at [email protected] and We will work collaboratively with You to attempt to resolve those issues in a constructive way in accordance with Our Complaints Policy [EG2] (which is available on request). We also commit to resolving any issues You may have quickly and effectively .
21 Governing law and jurisdiction
21.1 Any dispute, controversy or claim arising out of or in connection with the Agreement shall be governed by, and construed in accordance with the law of England & Wales.
21.2 Any dispute, controversy or claim arising out of or in connection with the Agreement shall be subject to the exclusive jurisdiction of the courts of England & Wales.
SCHEDULE
MODEL CANCELLATION FORM
To: The Baby Reflux Lady Ltd
I hereby give notice that I wish to cancel the Course Agreement between us dated [insert date] (the “ Agreement ”).
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s):
Date:
I confirm that I entered into the Agreement as a consumer, and not wholly or partly for the purposes of any business. 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.
