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Terms

TERMS OF USE

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. By using this website, you signify your consent to these terms of use. If you do not agree to these Terms of Use, please do not use the website.

Our Agreement

  1. General
    1. Headings are for convenience only and shall not be used to aid interpretation.
    2. References within this contract are as follows
      1. “You” and “your” refer to you, the coachee.
      2. “I”, “me” and “my” refer to Aine Homer, or The Baby Reflux Lady Ltd
      3. “Written” and “in writing” include email unless otherwise indicated.  Text message is not considered “written” for this contract.
      4. “Working Day” is any day on which English banks are open for business.
      5. “Parties” include both individuals and respective legal entities. “Party” refers to either individual or legal entity.
      6. “Client duties” are outlined in Section 6.
      7. “Charges” include the agreed payment for the services and are detailed in Section 11.
      8. “Licensors” are people specifically appointed and approved by me to deal in my Intellectual Property.
    3. Notices served under this letter shall be in writing and sent by ‘signed-for’ mail or by hand to the address specified above, or to such other address as the relevant party may notify in writing in accordance with this clause 10.1. Any notices served by email shall be sent to [email protected]  
    4. Notices shall be deemed served at 9.00am GMT on the first Working Day following delivery by hand or the second working day following delivery by ‘signed-for’ /recorded delivery mail.
    5. You may not assign any of your rights or sub-contract or delegate any of your obligations under this letter except with my prior written consent.
    6. Failure or delay by either party to insist upon strict performance of any provision of this contract or to exercise any right shall not be construed as a waiver of any breach or right.
    7. If any provision of this contract is held by any court or other competent authority to be void or unenforceable in whole or part, the unaffected provisions of this contract shall continue to be valid.
    8. Nothing in this contract shall create, or be deemed to create, a partnership or the relationship of principal/agent or employer/employee between the parties.
    9. For the purpose of section 1(2) of the Contracts (Rights of Third Parties) Act 1999 the parties state that they do not intend any term of this contract to be enforced by any third parties except
  1. clause 7 may be enforced by the persons acting on behalf of The Baby Reflux Lady Ltd on the basis referred to within it, including Aine Homer personally
  2. that any third party right which exists or is available independently of that Act is preserved.
    1. You confirm that you have parental care duties for your child and are the primary care provider.   You have the full permission of any other parental parties to engage in this coaching.
  1. The Services
    1. Subject to the terms of this contract, I shall provide you with the services outlined in the booking, and any further services agreed between us In Writing from time to time.  These services shall be delivered in return for payment as detailed in the Invoice and Course Description as on my website.
    2. Any dates and times specified in Schedule A or otherwise agreed between us, are subject to variation at my discretion with reasonable notice.  
    3. My provision of the Services is subject to:
      1. Your timely payment of all Charges and Expenses due
      2. Your fulfilment of the Client Duties outlined in Section 6
      3. Provision of the information as set out in Schedule A Part 4 and as otherwise reasonably required by me from time to time
      4. You agreeing to provide of information to me as reasonably requested
      5. You agreeing to take appropriate action within reasonable and agreed timescales as reasonably advised by me, or mutually agreed for the progression of your situation
    4. Any further services to be agreed shall be done In Writing and within a mutually agreeable timescale.


  2. Charges and Expenses
    1. The Charges detailed on the Invoice are payable on the contracted dates provided (or in any case payment is due in full in advance of a particular Service, or within 7 days of the invoice being issued, whichever is the sooner)
    2. Upon receipt of this signed contract, I shall issue and invoice for the deposit.  This invoice will specify the dates for the remaining payments according to Schedule A Part 2.
    3. Invoices shall be issued via email at or after the stages/times agreed for such charges.
    4. Any additional charges or expenses shall be mutually agreed before they are incurred, and will be added to your next invoice.  You agree:
      1. To reimburse any expenses reasonably incurred by me in relation to the Services over and above what is outlined in this contract
      2. To meet any third-party expenses as agreed between us in writing during this Coaching Program
    5. All payments of Charges and Expenses shall be made by credit card or bank transfer. Details are in Section 10.3 and on the invoice
    6. If you become aware of any circumstances preventing you from meeting the agreed payment dates outlined in this contract, you must inform me as soon as reasonably possible. I may, at my discretion, re-negotiate a revised payment schedule.  I retain the right to immediate termination of contract as per Section 8.
  3. Protection of Services & Intellectual Property
    1. You shall not to reproduce, copy, sell, trade, resell or exploit any aspect of the Services, Intellectual Property or any associated materials provided by me for any commercial purpose.
    2. All intellectual property and other proprietary rights in materials provided in connection with the Services, are owned by me or my Licensors.  These rights include without limitation copyright and any rights in designs.
    3. You shall not acquire any rights in such materials without my explicit permission and approval.
    4. You shall not use such material for any commercial purpose or carry out any action inconsistent with my ownership.
    5. If you become aware of any actual or threatened infringement by any person of the intellectual property and proprietary rights of my materials, you agree to inform me at once in writing.
  4. Confidentiality and Non-Disparagement
    1. Each party shall keep confidential all sensitive information relating to the other and their business.  This includes materials provided in connection with the Services.
    2. Neither party shall use such information for any purpose other than that for which it was provided.
    3. Clauses 4.1 and 4.2 shall not apply to the extent that any information is required to be disclosed by law or by any court or public body having binding authority to require such disclosure.
    4. Each party agrees not to engage in any conduct or communications, public or private, intended or likely to disparage the other or damage their interests.
  5. Client Conduct
    1. You agree to behave professionally, courteously and respectfully in all dealings with me, any person(s) acting on my behalf and any other clients or other third parties to whom you may be introduced in connection with the Service.
    2. You agree to adhere to any programme rules which I may provide from time to time
    3. You agree not to carry out any action intended or likely to bring me or the Services into disrepute.
  6. Liability and Indemnity
    1. My liability to you in connection with the Services shall be limited to the level of the Charges you have paid me under this contract. This also applies to any breach of this letter or negligence.
    2. I do not accept any liability for:
      1. Any consequential or indirect losses, loss of profit, business, goodwill and/or anticipated savings
      2. Any failure or delay in performing the Services arising from any matter beyond my reasonable control.
    3. You shall indemnify me, and any person(s) acting on my behalf, for any and all losses, costs, claims or demands, suffered by me or them, arising as a result of your acts or omissions.
    4. This contract shall not limit the liability of any person in respect of any matter for which it is not possible to limit liability by law.

  7. Termination
    1. If a breach of contract is identified by either party, the party identifying the breach shall serve written notice (including email) to the other party requesting a remedy.
    2. This contact can be terminated immediately by giving the other party notice in writing (excluding email) if the other party:
      1. Material breaches the this contract and fails to remedy the breach within 7 days of the first party serving written notice.  Material breaches include but are not limited to:
        1. Failure to pay agreed charges and expenses 28 days passed due date
        2. Improper use of my IP as outlined in Section 3
        3. Any breach of confidentiality as outlined in Section 4
        4. Any other action deemed to bring me, my company, any person working with me, any member of the Coaching Programme, or any member of my online forums into disrepute
        5. Is admitted to hospital under mental health legislation
        6. Is under a court order due to a mental disorder (in any legal jurisdiction)
        7. Has given Power of Attorney to someone else in relation to any of the decisions required under this contract.
    3. This contract terminates automatically on your or my death.
    4. Either party can terminate this contract with 7 days’ notice in writing (including email/text message with confirmation that they have been received) to the other at any time.
    5. Termination shall not affect the rights or obligations of either party accrued up to termination and all rights and obligations set out in this letter other than those contained in section 8.5.
    6. In the instance of termination, there shall be no refund of charges paid unless there has been a material breach of contract by me.  No charges will be due past termination date.

  8. Photos and Recordings
    1. You agree for recordings to be made that may include your image, voice, name and likeness during the course of this contract.
    2. You shall not distribute or share any recordings to anyone outside of this agreement.
    3. You agree for photos or recordings that include your name, voice or likeness for any lecture, teaching, coaching, other goods or services offered by me or marketing materials with written permission.
    4. This contract and any non-contractual claims or disputes shall be governed by and construed in all respects in accordance with English law, and each party agrees to the exclusive jurisdiction of the English courts.
  9. Charges and Payment
    1. Where I perform any Services not included within Schedule 1 Part 1, any additional charges agreed between us shall be due at the times outline in Schedule A Part 3 and detailed in your first invoice.
    2. Charges for agreed support are detailed on you invoice.
      1. Payments to be made by:
        Electronic Bank Transfer
        Account Name The Baby Reflux Lady Ltd
        Account number 63998401
        Sort Code 40-22-26
        Please include your name on your payment as reference
      2. Credit / Debit Card as per link on invoice
  10. Disclaimers
    1. You acknowledge that the Services involve coaching and education, that their effect depends on your own level of engagement and commitment and that no specific results can therefore be guaranteed by me. I accept no responsibility for any decisions made by you as a result of the Services.
    2. My obligations are limited to providing the Services as expressly described in this contract and no further warranties, representations or assurances are given by me except where these are implied by and cannot be excluded under law.
    3. You acknowledge that you understand I am not a medical doctor and that the Services are not intended to be medical services. This course does not qualify you to be a substitute for medical advice for clients.
    4. In graduating from this course you agree to continue to recognise the role of the medical institutions, that you are not qualified to prescribe or change any medications for your clients unless you have that from another qualification independent of this course.
    5. I am a licentiate of acupuncture (Traditional Chinese Medicine) and apply the balance principles from TCM theory to my advice.  I am a Mechanical Engineer and Mathematician, and project manager with over 10 years professional experience of data analysis and pattern recognition. I am a student of Nutrition for Food Allergies and Intolerances.  I draw knowledge from other sources of information based on my personal experiences and research.
  11. Declaration

By taking on this service you agree to abide by these Terms and Conditions in full