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the specialists in pregnancy & birth hypnosis

TERMS AND CONDITIONS.
Definitions:
BabySense: a one 2.5 hour session course relating to breastfeeding and baby behaviour.
BirthSense:  the company known as BirthSense, provider of courses, products and the birthsense.co.uk website
BirthSense Antenatal: an antenatal course comprising three 2.5 hour sessions of antenatal education.
BirthSense Practitioner: an individual delivering BirthSense products, courses or HypnoBirthing courses under the name of and with the agreement of BirthSense.
Client: an individual receiving tuition from BirthSense or a BirthSense practitioner, or expecting to receive such tuition having paid a deposit and received confirmation of acceptance on a BirthSense course. An individual is considered to be a client once a deposit and enrolment form has been received by BirthSense, and a confirmation letter sent.
Course: a series of a set number of sessions as defined in each individual course description.
e-junkie: the host and distributor of downloadable MP3s sold through birthsense.co.uk
HypnoBirthing: the official Mongan Method HypnoBirthing antenatal course comprising five 2.5 hour sessions of antenatal education, hypnosis and self-hypnosis techniques
HypnoCaeasarean: an antenatal course comprising three 2.5 hour sessions of antenatal education, hypnosis and self-hypnosis techniques
Session: one meeting of defined length forming part of a course
 
Access to and use of this site ('birthsense.co.uk'), its courses, products and services is provided by BirthSense subject to the following terms:
1. By using birthsense.co.uk and booking courses and sessions with BirthSense you agree to be legally bound by these terms, which shall take effect immediately on your first use of birthsense.co.uk. If you do not agree to be legally bound by all the following terms please do not access and/or use birthsense.co.uk or book courses or sessions with BirthSense.
2. BirthSense may change these terms at any time by posting changes online. Please review these terms regularly to ensure you are aware of any changes made by BirthSense. Your continued use of birthsense.co.uk after changes are posted means you agree to be legally bound by these terms as updated and/or amended.
 
Use of birthsense.co.uk
3. You may not copy, reproduce, republish, download, post, broadcast, transmit, make available to the public, or otherwise use birthsense.co.uk content or BirthSense goods or services in any way except for your own personal, non-commercial use. You also agree not to adapt, alter or create a derivative work from any birthsense.co.uk content except for your own personal, non-commercial use. Any other use of birthsense.co.uk content requires the prior written permission of BirthSense.
 
BirthSense Courses & Course Bookings
4. BirthSense courses are services. Provision of the service is considered to have started from the point at which the course begins.
5. Application to book a place on a course may only be made via the online bookings facility on birthsense.co.uk, via email or post.
6. For insurance reasons, all sections of the booking form (either paper or electronic) must be completed in order for a booking to be accepted.
7. Submission of a booking form does not constitute a guarantee of a course place: a booking is not considered finalised until BirthSense Head Office receives cleared payment of a £50 deposit, to be deducted from the full course fee, and confirms a place on the course. Until cleared payment has been received and confirmed by BirthSense, the course place will not be considered allocated, and may be booked by another client. Payment of the deposit can be made by PayPal, bank transfer, cheque or cash as detailed below in “Payment and Shipping”.
8. BirthSense reserves the right to decline any booking
9. All course places are booked subject to availability. Once the course is fully booked no further bookings will be accepted.
10. On receipt of the cleared deposit, a confirmation email will be sent to the client. BirthSense endeavours to send confirmation within five working days of receiving the cleared payment.
11. The balance of the course fee (the full fee as advertised minus any deposit paid) must be paid in full to the course practitioner at the first session of the course. The practitioner reserves the right to withhold course materials and a place on the course until full payment is made. The course balance can be paid by cash or cheque only as detailed below in “Payment and Shipping”.
12. A course comprises a set number of sessions as defined in the course description and specified in the confirmation letter sent on booking. Payment is charged for a full course, not for individual sessions. We are unable to give refunds for any sessions missed or cancelled by the client and cannot guarantee alternative dates.
13. In the event that an individual session is arranged to replace a course session missed by a client, BirthSense will calculate the cost of the session based on the standard private course fee for that region divided by the number of sessions in the course.
14. Course dates and times may be changed in exceptional circumstances. If the new time and date is not convenient to you we will try to offer you an alternative course but if one is not available you will be given a refund for the session or sessions changed. No refund will be given for sessions already taken.
15. In the unlikely event that the course venue is changed, a new venue will be found within five miles of the original but no refund is available in these circumstances.
16. If a course participant wishes to transfer to an alternative course a charge of £15 will be made. This arrangement will be subject to availability. If an alternative date cannot be found then the cancellation policy will apply.
 
Course Cancellation Policy
17. In the case of cancellation by a client, the £50 deposit is non-refundable. Further to that, the following cancellation charges will be applicable:
 
Days before course start date  Cancellation Charge
 30 or more    No further cancellation charge
 20-29 days    25% of course fee
 15-19 days    50% of course fee
 14 days or less    100% of course fee
 
18. In the event of exceptional circumstances, which includes the unexpected birth of your baby before the start of the course (baby born before 37 weeks gestation), 50% of the course fee will be deducted from the amount owed to us. Evidence of these circumstances will be required and any deduction or refund will be at our sole discretion. No refunds will be given if your baby is born after the start of the course.
19. BirthSense and BirthSense practitioners reserve the right to cancel courses or sessions at short-notice, or to change course or session dates or times in the event of situations such as practitioner illness, childcare restrictions, or if the practitioner is working in the capacity of birth doula to a client.
20. Any course cancelled by BirthSense or the BirthSense practitioner will be rescheduled if possible. If this is not possible or if alternative dates cannot be agreed, all monies paid by the client will be refunded and no further payments will be owed to BirthSense.
21. Any session cancelled by BirthSense or the BirthSense practitioner will be rescheduled if possible. If this is not possible or if alternative dates cannot be agreed, all monies paid by the client for sessions not yet taken will be refunded and no further payments will be owed to BirthSense. The price refunded per session not yet taken will be calculated as the full course fee divided by the number of sessions comprising the full course. No refund will be made for sessions already taken.
22. All group courses require a minimum number of participants to run. If for any reason these numbers are not reached you will be notified. We will endeavour offer you an alternative arrangement, but if no acceptable alternative can be found or agreed upon you will be entitled to a full refund.
 
Hypnotherapy Sessions (including HypnoFertility and HypnoBirthing Fertility Therapy)
23. BirthSense hypnotherapy sessions are services. Provision of the service is considered to have started from the point at which each individual session begins.
24. Bookings for hypnotherapy sessions may be requested via the contact form on birthsense.co.uk, by email or telephone (contact details as listed on birthsense.co.uk).
25. At the first session you will be required to complete a client information form. For insurance reasons, all sections of the form must be completed in order for a booking to be accepted and the session to commence.
26. An enquiry about sessions or availability does not constitute a guarantee of a session: a booking is not considered finalised until BirthSense Head Office sends confirmation that a booking has been made for an agreed time, location, price and issue. We reserve the right to decline any booking.
27. On agreement of a time, location, price and issue to be treated, a confirmation email will be sent to the client. BirthSense endeavours to send confirmation within five working days of agreeing to deliver a session.
28. The agreed payment for the session must be paid in full to the BirthSense practitioner at the beginning of each session. The BirthSense practitioner reserves the right to withhold therapy until full payment is made. Payment can be made by cash or cheque only.
29. We cannot guarantee alternative dates for sessions cancelled by client or BirthSense practitioner.

Disclaimers, Guarantees and Limitation of Liability
30. All courses, sessions and products offered by BirthSense are designed to teach an individual to use their own natural abilities to bring their mind and body into a state of relaxation.
31. The content of all BirthSense classes and products is in no way intended to be represented as medical advice nor as a prescription for medical procedure. BirthSense practitioners are not medical practitioners: each individual must seek the advice of their midwife, GP or other health-care provider to answer any questions about their pregnancy, labour, birth or the health of themselves or their baby.
32. Neither BirthSense, nor the HypnoBirthing Institute, their owners or their practitioners or representatives are responsible for any special circumstances or adverse outcomes that could arise as a result of an individual’s pregnancy, labour, birth of their child or breastfeeding of their child. By taking a course with BirthSense or using BirthSense products, you agree that neither you nor any member of your family will make any claim or initiate any legal action against any of the above named parties now or at any time in the future.
33. We do not offer any guarantees on our courses, sessions, products or services. Payment is made for provision of courses, sessions, products or services and not for the outcome. While our courses, sessions, products and services are intended to improve your pregnancy, birth or breastfeeding experiences, there are many aspects that can affect these processes and no way to tell how you personally will experience them. Your conception, the outcome of your birth, pregnancy or breastfeeding relationship are not dependent on the use of our goods and services, or your implementation of any of the techniques.
34. birthsense.co.uk content, including the information, names, images, pictures, logos and icons regarding or relating to BirthSense , its products and services (or to third party products and services), is provided "AS IS" and on an "IS AVAILABLE" basis without any representations or any kind of warranty made (whether express or implied by law) to the extent permitted by law, including the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
35. Under no circumstances will BirthSense be liable for any of the following losses or damage (whether such losses where foreseen, foreseeable, known or otherwise): (a) loss of data; (b) loss of revenue or anticipated profits; (c) loss of business; (d) loss of opportunity; (e) loss of goodwill or injury to reputation; (f) losses suffered by third parties; or (g) any indirect, consequential, special or exemplary damages arising from the use of birthsense.co.uk regardless of the form of action.
36. BirthSense does not warrant that functions contained in birthsense.co.uk content will be uninterrupted or error free, that defects will be corrected, or that birthsense.co.uk or the server that makes it available are free of viruses or bugs.
 
Privacy Policy
37. BirthSense does not disclose client information to any third parties other than when order details are processed as part of the order fulfilment, to our secure payment services provider. Individual practitioners use discretion when discussing individual clients. All booking forms and client registration forms are kept in a secure, locked cabinet, and on a password-protected excel database.
38. Cookies are used on birthsense.co.uk to keep track of the contents of your shopping cart. They are also used after you have logged on as part of that process. You can turn on cookies within your browser by going to 'Tools | Internet Options | Privacy' and selecting to ALLOW COOKIES. If you turn off cookies, you will be unable to place orders or benefit from the other features that use cookies. Data collected by this site is used to:
a. Take and fulfill customer orders
b. Administer and enhance the site and service
c. Send BirthSense newsletters and invitations to events
d. Only disclose information to third-parties for goods delivery purposes
 
MP3 Downloads
39. Add any items you wish to purchase into the shopping basket. After you have made payment you will be sent a confirmation of purchase and a link to download your items.
40. A link to complete MP3 downloads will be sent to you by email from a company called e-junkie who stores and despatches all our MP3 products. E-junkie’s own terms & conditions are applicable for this service. This email should be sent immediately or within 24 hours. To prevent copyright infringements, you will only be given three attempts to download each item. If you have been unable to download your item after three attempts, please contact us at info@birthsense.co.uk
41. Under no circumstances will BirthSense be liable for any of the following losses or damage (whether such losses where foreseen, foreseeable, known or otherwise): (a) loss of data; (b) loss of revenue or anticipated profits; (c) loss of business; (d) loss of opportunity; (e) loss of goodwill or injury to reputation; (f) losses suffered by third parties; or (g) any indirect, consequential, special or exemplary damages arising from the use of BirthSense MP3 products regardless of the form of action.
 
Payment & Shipping
42. Payment for course deposits and products listed on the website can be paid via Paypal to callie@birthsense.co.uk, by credit or debit card via Paypal to callie@birthsense.co.uk, by cheque made payable to “BirthSense” sent to BirthSense Head Office, 12 Meadowfield Road, Sawston, Cambs CB22 3HS or by direct bank transfer. If you wish to pay by bank transfer, please contact BirthSense Head Office by emailing info@birthsense.co.uk or call 07941 429691.
43. We endeavour to send goods or booking confirmations within five working days of cleared payment reaching our account.
44. Paypal’s own terms and conditions apply when using their services.
45. Course balances are payable directly to the BirthSense practitioner on the first day of training. Payment can be made by cash or cheque only.
46. A link to complete MP3 downloads will be sent to you by email from a company called e-junkie who stores and despatches all our MP3 products. E-junkie’s own terms & conditions are applicable for this service. This email should be sent immediately or within 24 hours. To prevent copyright infringements, you will only be given three attempts to download each item. If you have been unable to download your item after three attempts, please contact us at info@birthsense.co.uk
47. We endeavour to send all CDs and other products using Royal Mail first class within five working days of cleared payment for the order. All orders are packed in opaque Jiffy bags, courier bags or CD boxes.
48. It is very unlikely that you will find a product is unavailable. In the event of this we will contact you to discuss alternative arrangements or process a refund.
49. BirthSense is currently VAT exempt. You will not be charged VAT on any of our products or services.
50. For credit card payments we use Paypal, a separate secure payment provider which takes your credit card details and processes them for the amount on your order. We do not store your card details on our systems. The BirthSense website only takes your address details. When the order is placed, you are transferred to PayPal for payment processing. You enter your credit card details into Paypal’s secure site. We only receive payment confirmation from PayPal to let us know payment has been accepted – we do not see or receive any card details.
 
Returns Policy
51. If you need to return something please email us on info@birthsense.co.uk and we will discuss the issue. MP3s and CDs are non returnable and non refundable, unless goods are faulty. Please note that all CDs are individually checked before despatch, so it is extremely unlikely you will receive damaged goods.
52. Your rights to return goods are protected under the EU Distance Selling Directive which can be found at http://www.hmso.gov.uk/si/si2000/20002334.htm
Intellectual Property
53. The names, images and logos identifying BirthSense or third parties and their products and services are subject to copyright, design rights and trade marks of BirthSense and/or third parties. Nothing contained in these terms shall be construed as conferring by implication, estoppel or otherwise any licence or right to use any trademark, patent, design right or copyright of BirthSense, or any other third party.
 
Contributions to birthsense.co.uk
54. Where you are invited to submit any contribution to birthsense.co.uk (including any text, photographs, graphics, video or audio) you agree, by submitting your contribution, to grant BirthSense a perpetual, royalty-free, non-exclusive, sub-licenseable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, play, make available to the public, and exercise all copyright and publicity rights with respect to your contribution worldwide and/or to incorporate your contribution in other works in any media now known or later developed for the full term of any rights that may exist in your contribution, and in accordance with privacy restrictions set out in BirthSense's Privacy Policy. If you do not want to grant to BirthSense the rights set out above, please do not submit your contribution to birthsense.co.uk.
55. Further to paragraph 8, by submitting your contribution to birthsense.co.uk, you:
• 55.1 warrant that your contribution;
• 55.1.1 is your own original work and that you have the right to make it available to BirthSense for all the purposes specified above;
• 55.1.2 is not defamatory; and
• 55.1.3 does not infringe any law; and
• 55.2 indemnify BirthSense against all legal fees, damages and other expenses that may be incurred by BirthSense as a result of your breach of the above warranty; and
• 55.3 waive any moral rights in your contribution for the purposes of its submission to and publication on birthsense.co.uk and the purposes specified above.
 
General
56. If there is any conflict between these terms and specific terms appearing elsewhere on birthsense.co.uk then the latter shall prevail.
57. Terms and conditions for doula services are made and agreed to separately at the time of client booking.
58. If any of these terms are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these terms and the remaining terms shall survive, remain in full force and effect and continue to be binding and enforceable.
59. These terms shall be governed by and interpreted in accordance with the laws of England and Wales.
 
Contact By Post :
BirthSense Head Office,
12 Meadowfield Road
Sawston
Cambs
CB22 3HS
Tel: 07941 429691