Terms & Conditions
Important notice: Please read these Term and Conditions carefully before booking any course with The Village Midwife.
The following constitute the terms and conditions to which clients agree to be bound when booking any course with The Village Midwife.
1. APPLICATION
1.1 These terms and conditions (the Terms and Conditions) apply to the provision of Training to Clients by a qualified Midwife working for The Village Midwife.
2. INTERPRETATION
2.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions shall have the following meanings:
Booking: the reserving of a Training via the Online Booking Process
Charges: the charges payable by the Client for the Training in accordance with clause 6 (Charges and Payment).
Client: the person who books and pays for the Training from The Village Midwife.
Client Data: the data provided by the Client for the purpose of facilitating the Training.
Data Protection Legislation: means:
(a) The General Data Protection Regulation (GDPR), and the Data Protection Act 2018; and
(b) any other legislation in force from time to time relating to privacy and/or the Processing of Personal Data and applicable to the provision and receipt of Training under these Terms and Conditions; and
(c) any statutory codes of practice issued by the Information Commissioner in relation to such legislation.
Online Booking Process: the booking process for Training available through The Village Midwife’s website: https://www.thevillagemidwife.co.uk/
Personal Data: has the meaning given to it in the Data Protection Legislation.
Processing: has the meaning given to it in the Data Protection Legislation.
Training: the training course supplied by The Village Midwife to the Client, whether given at a physical location or online.
Training Materials: any materials or documents provided by The Village Midwife as part of the Training.
Writing: means in a written document or in an email
3. BASIS OF THESE TERMS AND CONDITIONS
3.1 These Terms and Conditions shall come into effect when the Client completes the Online Booking Process.
3.2 Save for terms pertaining to the relevant Training in the Online Booking Process, any descriptions contained in The Village Midwife’s website are issued or published for the sole purpose of giving an approximate idea of the Training described in them. They shall not form part of these Terms and Conditions nor have any contractual force.
4. SUPPLY, CONTENT, AND PURPOSE OF TRAINING
4.1 The Village Midwife shall use reasonable endeavours to supply the Training to the Client in accordance with these Terms and Conditions in all material respects but reserves the right to change the course content of any Training at any time and without notice.
4.2 The Village Midwife shall use reasonable endeavours to meet any specified training dates, but any such dates shall be anticipated dates only and may be subject to alteration.
4.3 Notwithstanding the above sub-clauses, The Village Midwife reserves the right to cancel Training at any time without incurring additional liability to the Client. In such circumstances, The Village Midwife may offer (at its sole discretion) alternative dates, a full refund, or a credit note.
4.4 The content of Training is not, and is not intended, as medical advice and The Village Midwife is unable to advise on personal medical circumstances.
4.5 No information provided to a Client by email, phone, Whatsapp or otherwise by The Village Midwife is intended as medical advice. Clients should seek the advice of a medical professional to answer any health related or pregnancy related issues surrounding pregnancy, labour and/or birth or for any concerns with their baby once they are born.
5. CLIENT'S OBLIGATIONS
5.1 The Client shall co-operate with The Village Midwife in all matters relating to the Training.
5.2 The Client must comply with all health and safety rules and regulations and any other reasonable security requirements that apply at any premises at which Training is provided.
5.3 When attending a Training, Clients agree to adhere to The Village Midwife’s Covid 19 guidelines and comply with government rules and guidance in force at that time regarding Covid 19.
5.4 When taking part in any physical activity on any Training, the Client is responsible for ensuring their space and equipment are safe to use. Taking part in any physical exercises, positions or movements during Training should only be done by the Client when informed by the person conducting the Training that in her or his opinion that it is safe but it is the Client’s responsibility to ensure this is the case in her individual circumstances. If the Client has any complexities of pregnancy or has any concerns about any physical aspect of the Training, they should not engage in the physical aspects of the Training.
6. CHARGES AND PAYMENT
6.1 Charges for Training are as set out in The Village Midwife’s website at the time when a Booking is made as part of the Online Booking Process.
6.2 Full payment for Training or a payment of a minimum of a £50 deposit must be made into The Village Midwife’s bank account no less than 7 days after a Booking for Training has been made via the Online Booking Process. If no such payment has been received within the said 7 days, the Booking will be automatically cancelled.
6.3 If only a deposit has been made, full payment of the balance of the charge for Training must be received into The Village Midwife’s bank account prior to the commencement of Training. In the event of non-payment of the balance prior to the commencement of Training, The Village Midwife reserves the right to cancel the Booking in which case the deposit shall be forfeit as a contribution towards the loss that the cancellation will cause The Village Midwife.
7. CANCELLATION
7.1 Training may only be cancelled by the Client in accordance with this clause 7.
7.2 If the client’s baby arrives before the start of the course, a full refund will be offered if the course was due to start prior to the Client’s 37th week of pregnancy.
7.3 If the Client cancels the Training due to a medical reason confirmed by a letter from a member of the Client’s medical team, they will be refunded the fee, minus the deposit as a contribution to the loss The Village Midwife will suffer from the cancellation.
7.4 If the Client cancels the Training due to a non-medical reason, the refund of the cost of the Training (less the deposit) is at The Village Midwife’s discretion.
7.5 The Village Midwife reserves the right to cancel, change or alter the dates and venues of any Training at any time. If the date of a Training is altered and the client is no longer able to attend, the Client will be offered an alternative or a full refund.
7.6 If a Training is moved online via Zoom due to a covid 19 related or any other reason, a refund will not be offered unless there is a medical or practical reason preventing the client from attending the Training via Zoom.
8. INTELLECTUAL PROPERTY RIGHTS
8.1 All intellectual property rights in or arising out of or in connection with the Training, including any associated Training Materials, shall be owned by Sophie Hiscock.
8.2 All information on The Village Midwife website is copyright and may not be used without permission in Writing given by The Village Midwife. The copyright symbol © appears on every page of the Website.
9. CLIENT DATA
9.1 Please refer to The Village Midwife’s Privacy Policy accessible on its website.
10. LIMITATION OF LIABILITY
10.1 Nothing in these Terms and Conditions limits any liability which cannot legally be limited, including, but not limited to, liability for:
10.1.1 death or personal injury caused by negligence;
10.1.2 fraud or fraudulent misrepresentation; and
10.1.3 breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).
10.2 Subject to clause 10.1:
10.2.1 The Village Midwife shall not be liable whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation, restitution or otherwise for any loss of profits, loss of business, loss of income, depletion of goodwill and/or similar losses or loss or corruption of data or information, or pure economic loss, or for any special, indirect or consequential loss, costs, damages, charges or expenses however arising;
10.2.2 The Village Midwife’s total aggregate liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the Agreement shall be limited to the total Charges paid for the Training.
10.3 The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 and 4 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from these Terms and Conditions.
10.4 The Village Midwife accepts no responsibility or liability for any loss or damage to any client’s property arising out of or resulting from attendance at a Training.
10.5 This clause 10 shall survive termination of the Agreement.
11. DISCLAIMER
11.1 Those delivering Training are not responsible for any complications that could arise as a result of pregnancy, labour and/or birth. The Village Midwife accepts no responsibility for complications or harm to any third party resulting from the use of hypnobirthing techniques or information from its antenatal course, workshops or postnatal course when used as a substitute for medical advice.
12. GENERAL
12.1 If any provision of these Terms and Conditions is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect, and such invalid or unenforceable provisions or portion thereof will be deemed omitted.
12.2 No waiver of any provision of these Terms and Conditions, whether by conduct or otherwise, in any one or more instances, will be deemed to be, or be construed as, a further or continuing waiver of that provision or any other provision of these Terms and Conditions.
12.3 The Client may not assign, charge, sub-contract or otherwise transfer any of their rights or obligations arising under these Terms and Conditions.
12.4 Each Booking made under these Terms and Conditions is made for the benefit of the parties to it and is not intended to benefit, or be enforceable by, any other person. The right of the parties to terminate, rescind, or agree any amendment, variation, waiver or settlement under such Booking is not subject to the consent of any person who is not a party to the relevant contract.
12.5 These Terms and Conditions contain the entire agreement and understanding of the parties in relation to the Training booked through the Online Booking Process and supersede all previous agreements and understandings between the parties in relation to Training and each party acknowledges that no representations not expressly contained in these Terms and Conditions have been made by or on behalf of the other party in relation to the Booking of a Training.
12.6 These Terms and Conditions will be governed by and construed in accordance with English law, and the courts of England and Wales will have exclusive jurisdiction to adjudicate any dispute arising under or in relation to these Terms and Conditions.
These Terms and Conditions were updated on 31/01/2024