Terms and Conditions
These legal terms (English law applies) are between you (the Customer or you) and Midwives in your Pocket Ltd (Midwives in your Pocket®/us/we), a company registered in England and Wales under number 10949797 whose registered office is VPC Accountants, 104 College Road, Harrow, Greater London, HA1 1BQ, with email address hello@midwivesinyourpocket.com, and you agree to them by using our content, products or services. These include but are not limited to our;
website (the Site):
www.midwivesinyourpocket.com
social media accounts:
www.instagram.com/midwivesinyourpocket
This Site is an ecommerce website. By using this Site, you indicate that you have read and understand these Terms and Conditions and agree to abide by them at all times.
Intellectual Property
All content published and made available on our Site is the property of Midwives in your Pocket Ltd. and the Site’s creators. This includes, but is not limited to images, text, logos, documents, downloadable files and anything that contributes to the composition of our Site. ‘Midwives in your Pocket®” is a registered trademark in the UK.
Acceptable Use
As a user of our Site, you agree to use our Site legally, not to use our Site for illegal purposes, and not to:
Harass or mistreat other users of our Site;
Violate the rights of other users of our Site;
Violate the intellectual property rights of the Site owners or any third party to the Site;
Hack into the account of another user of the Site;
Act in any way that could be considered fraudulent; or
Post any material that may be deemed inappropriate or offensive.
If we believe you are using our Site illegally or in a manner that violates these Terms and Conditions, we reserve the right to limit, suspend or terminate your access to our Site. We also reserve the right to take any legal steps necessary to prevent you from accessing our Site.
User Contributions
Users may post the following information on our Site:
Photos;
Videos; and
Public comments.
By posting publicly on our Site, you agree not to act illegally or violate these Terms and Conditions.
Accounts
When you create an account on our Site, you agree to the following:
You are solely responsible for your account and the security and privacy of your account, including passwords or sensitive information attached to that account; and
All personal information you provide to us through your account is up to date, accurate, and truthful and that you will update your personal information if it changes.
We reserve the right to suspend or terminate your account if you are using our Site illegally or if you violate these Terms and Conditions.
Sale of Goods and Services
These Terms and Conditions govern the sale of goods and services available on our Site.
The following services are available on our Site:
Midwives in your Pocket®
Virtual Consultation
Gift Card
These are the terms on which we sell all Services to you. Before placing an order on the Website, you will be asked to agree to these Terms and Conditions by clicking on the button marked ‘I Accept’. If you do not click on the button, you will not be able to complete your Order. You can only purchase the Products or Services from the Website if you are eligible to enter into a contract and are at least 18 years old.
These Terms and Conditions apply to all the goods and services that are displayed on our Site at the time you access it. This includes all products listed as being out of stock. All information, descriptions, or images that we provide about our goods and services are as accurate as possible. However, we are not legally bound by such information, descriptions, or images as we cannot guarantee the accuracy of all goods and services we provide. You agree to purchase goods and services from our Site at your own risk.
We reserve the right to modify, reject or cancel your order whenever it becomes necessary. If we cancel your order and have already processed your payment, we will give you a refund equal to the amount you paid. You agree that it is your responsibility to monitor your payment instrument to verify receipt of any refund.
Payments
We accept the following payment methods on our Site:
Credit Card;
Apple Pay;
PayPal; and
Debit.
When you provide us with your payment information, you authorise our use of and access to the payment instrument you have chosen to use. By providing us with your payment information, you authorise us to charge the amount due to this payment instrument.
If we believe your payment has violated any law or these Terms and Conditions, we reserve the right to cancel or reverse your transaction.
The subscription payments are paid monthly, with the final payment taking place following birth and the service terminating at 28 days post birth. Should you wish to exercise your right to cancel prior to this, you must inform us by email at hello@midwivesinyourpocket.com of your decision to cancel this Contract by a clear statement setting out your decision.
Basis of Sale
We will deliver Services within the following periods:
in the case of subscription services, within 48 hours
in the case of one-off services, contact will be made via email within a reasonable time, and a mutually agreed date will be set. You have the right to change the date of the Virtual Consultation at no extra fee.
Right to Cancel and Receive Reimbursement
If you are a customer living in the United Kingdom or the Eurpoean Union you have the right to cancel your contract to purchase goods and services from us within 14 days. The cancellation period:
Will end 14 days from the date of purchase when you purchased a service.
Effects of Cancellation
If you requested the performance of subscription services begin during the cancellation period, you are required to pay us the full amount. No further payments will however be made. You can continue to use the service for the remainder of the 28 day period following the initial payment.
If you requested the performance of one-off services and cancel during the cancellation period, you will be refunded the full amount.
We will make the reimbursements using the same form of payment as you used for the initial purchase unless you have expressly agreed otherwise. You will not incur any fees because of the reimbursement.
This right to cancel and to reimbursement is not affected by any return or refund policy we may have.
Duration, Termination and Suspension
The Contract continues as long as it takes us to perform the Services. In the case of subscription services, the Contract continues at a maximum of 28 days post birth.
Either you or we may terminate the Contract or suspend the Services at any time by a written notice of termination or suspension to the other if that other commits a serious breach, or a series of serious breaches resulting in a serious breach or is subject towards its bankruptcy or liquidation. On termination of the Contract for any reason, any of our respective remaining rights and liabilities will not be affected.
In the event of any failure by a party because of something beyond its reasonable control the party will advise the other party as soon as reasonably possible, and the party’s obligations will be suspended so far as reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid.
Consumer Protection Law
Where the Sale of Goods Act 1979, the Consumer Rights Act 2015, or any other consumer protection legislation in your jurisdiction applies and cannot be excluded, these Terms and Conditions will not limit your legal rights and remedies under that legislation. These Terms and Conditions will be read subject to the mandatory provisions of that legislation. If there is a conflict between these Terms and Conditions and that legislation, the mandatory provisions of the legislation will apply.
Links to Other Websites
Our Site contains links to third party websites or services that we do not own or control. We are not responsible for the content, policies, or practices of any third party website or service linked to on our Site. It is your responsibility to read the terms and conditions and privacy policies of these third party websites before using these sites.
Limitation of Liability
Midwives in your Pocket® and our directors, officers, agents, employees, subsidiaries, and affiliates will not be liable for any actions, claims, losses, damages, liabilities and expenses including legal fees from your use of the Site.
Indemnity
Except where prohibited by law, by using this Site you indemnify and hold harmless Midwives in your Pocket® and our directors, officers, agents, employees, subsidiaries, and affiliates from any actions, claims, losses, damages, liabilities and expenses including legal fees arising out of your use of our Site or your violation of these Terms and Conditions.
Applicable Law
These Terms and Conditions are governed by the laws of the Country of England.
Additional Terms
Midwives in your Pocket Ltd. takes no responsibility for the decisions you make regarding your antenatal, intrapartum, or postnatal care, and is not a substitute for the presence during birth or any part of pregnancy or labour of a qualified medical practitioner, midwife or obstetrician. It does not represent in fact or otherwise an alternative to appropriate medical care or for professional medical advice in any way shape or form.
Any questions or doubts that you have about the use of Midwives in your Pocket® by you or any third party in any part should be discussed by you with your medical caregiver and the safety of or the appropriateness of this support to you or any third party whom you represent be confirmed with your medical caregiver.
Midwives in your Pocket Ltd. accepts no responsibility for complications or harm to any third party resulting from the use of Midwives in your Pocket® as a substitute for medical advice. Midwives in your Pocket® is intended solely as a midwifery support service to empower you to make informed decisions throughout the perinatal period and is not in any way a “private midwife” service, guaranteeing or promising expected, imagined or actual outcome of the labour or birth in any way shape or form.
Subscribing to Midwives in your Pocket® in any part or in total by any person or third party is undertaken with the understanding by any persons or third party that no litigtion or legal action whatsoever will be initiated or that no form of compensation or reimbursement or refund will be claimed or applied for at any time now or in the future against Midwives in your Pocket Ltd. or its representatives under any circumstances whatsoever.
The information shared by Midwives in your Pocket® is not there to replace medical advice from your chosen maternity care provider.
Please note that medical guidelines change over time & content will not always be updated in line with the latest changes that have been updated since your purchase.
If you have any concerns about your or your baby’s health or wellbeing, you should always contact your midwife or maternity care provider.
Midwives in your Pocket Ltd. accepts no responsibility for any of the decisions you make in regards to your pregnancy and birth.
GDPR
You agree that Midwives in your Pocket Ltd. shall hold your details on file and on computer and, in accordance with the GDPR Act 2018, you have the right to view, amend or delete your individual file by giving not less than seven days’ written notice. We treat your personal data with the utmost care and keep only relevant information to process your order. We will not sell or give your information to a 3rd party.
Severability
If at any time any of the provisions set forth in these Terms and Conditions are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from these Terms and Conditions. All other provisions will not be affected by the removal and the rest of these Terms and Conditions will still be considered valid.
Changes
These Terms and Conditions may be amended from time to time in order to maintain compliance with the law and to reflect any changes to the way we operate our Site and the way we expect users to behave on our Site. We will notify users by email of changes to these Terms and Conditions or post a notice on our Site.
How to contact us?
Our contact email address is hello@midwivesinyourpocket.com.