Terms & Conditions: Bookings
Taster Sessions; Antenatal Classes and Other Courses & Events
BACKGROUND:
(A) These Conditions set out the terms and conditions on which Sessions are organised by Gathered and booked by our Clients via online Booking on our website, https://www.gather-ed.co.uk/ (the “Website”).
(B) Terms and information that are specific to accessing the Sessions led by a Group Facilitator from or via the Website using Zoom are set out below.
(C) Please read these Conditions carefully and ensure that you understand them before making a Booking. If you have any query about anything set out in these Conditions, please contact us to discuss. When making a Booking, you will be required to read, accept, and agree to comply with and be bound by these Conditions. If you do not, you will not be able to make a Booking to access the Sessions.
(D) All of the information that we give to you will be part of the terms of the Contract with you as a Client whether it is information that we:
(i) are required by law to give to you before you make a Booking; or
(ii) voluntarily give to you and you rely on it either when deciding to make a Booking or when, subsequently, you make any decision about the Booking,
we give you some of that information before you make a Booking and some as set out in these Conditions.
(E) Sessions are intended for individuals who are aged 18 or over, and only a person of that age can set up an Account, make a Booking and attend a Session.
(F) These Conditions apply only to making a Booking for the Sessions.
(G) The terms governing use of the Website are separate and are set out on our Website under the heading “Privacy Policy”.
(H) The terms governing membership are separate and are set out on our Website under the heading “Membership Terms and Conditions” [insert hyperlink].
1. Definitions and Interpretation:
1.1. In these Conditions, unless the context otherwise requires, the following expressions have the following meanings:
“Account”
means the account, referred to in Condition 8, that you may choose to set up with us when you make a Booking;
“Booking”
means a booking purchased by you which provides you with access to the Sessions which comprise either:
a. one or more specific single events or items; and/or
b. one or more series or collections of two or more specific events or items; and/or
c. one or more or all types of events or items available on or via the Website; and
d. the Materials.
and “Booked” shall be interpreted as having the same meaning.
“Booking Confirmation”
means our acceptance and confirmation of your Booking;
“Client”
means an individual customer who makes a Booking for a Session which is to be used for their personal use and for purposes wholly or mainly outside the purposes of any business, trade, craft or profession;
“Conditions”
means Gathered’s terms and conditions of Booking, as set out in this document and forming part of the Contract;
“Confidential Information”
means any information in connection with you, your conversation, your opinions or participation in the Sessions which by its nature would be construed by a reasonable person as being confidential information;
“Contract”
means the contract between us and you for the purchase of a Booking for you to access any of the Sessions which consists of the Conditions and the Group Guidelines;
“Course”
means multiple taught sessions pertaining to a wider array of subjects or a more in-depth study of an area of focus and any Materials or other information related thereto, which we offer, where those sessions or Materials are sold by us through the Website and made available by us by:
a. means of a two-way synchronous live stream audio and/or video technology using Zoom;
b. downloadable or other viewable text, graphics or other non-video, non-audio items or information, including Materials; or
c. in-person sessions,
the courses will be more fully described in other information that we give or make available to you before you make a Booking. That information may include the name of any Group Facilitator and the location for in-person courses;
“Event”
means a single, or repeating session with a social, fundraising, networking or entertainment function and any Materials or other information related thereto, which we offer, where those sessions or Materials are sold by us through the Website and made available by us by:
a. means of a two-way synchronous live stream audio and/or video technology using Zoom;
b. downloadable or other viewable text, graphics or other non-video, non-audio items or information, including Materials; or
c. in-person sessions,
the events will be more fully described in other information that we give or make available to you before you make a Booking. That information may include the name of any Group Facilitator and the location for in-person events;
“Force Majeure Event”
means any act of God, fire, act of government or state, war, civil commotion, insurrection, act of terrorism, embargo, prevention from or hindrance in obtaining any raw materials, energy or other supplies, labour disputes of whatever nature and any other event beyond a party’s control;
“Gathered /we/us/our”
means We Are Carried Limited, a company registered in England (company no: 11107338) whose registered address is Foresters Hall, 25-27 Westow Street, London, United Kingdom, SE19 3RY;
“Gathering(s)”
means a session or sessions of our regular, weekly, conversational group and any Materials or other information related thereto, which we offer, where those sessions or Materials are sold by us through the Website and made available by us by:
a. means of a two-way synchronous live stream audio and/or video technology using Zoom;
b. downloadable or other viewable text, graphics or other non-video, non-audio items or information, including Materials; or
c. in-person sessions,
the sessions will be more fully described in other information that we give or make available to you before you make a Booking. That information may include the name of any Group Facilitator and the location for in-person sessions;
“Group Facilitator”
means the group leader or other individual who facilitates and presents the Session and/or who interacts with you online during any Session;
“Group Guidelines”
means the guidelines setting out the acceptable standards of participation and behaviour for Clients attending and participating in the Sessions, available from our Website or contained in the Booking Confirmation;
“Materials”
means background and other information or materials relating to or forming part of any Sessions, all of which information or materials is downloadable or viewable as text/graphics;
“Prices”
means the fees applicable and payable for the Booking and attending each Session;
“Session”
means any Gathering, Workshop, Course or Event hosted by Gathered and available for Booking by the Client;
“Workshop”
means a single or multiple taught session pertaining to a particular subject or focus and any Materials or other information related thereto, which we offer, where those sessions or Materials are sold by us through the Website and made available by us by:
a. means of a two-way synchronous live stream audio and/or video technology using Zoom;
b. downloadable or other viewable text, graphics or other non-video, non-audio items or information, including Materials; or
c. in-person sessions,
the workshops will be more fully described in other information that we give or make available to you before you make a Booking. That information may include the name of any Group Facilitator and the location for in-person workshops;
“you”
means the Client who sets up an Account and purchases Bookings and accesses any of the Sessions; and
“Zoom”
means the cloud-based web conferencing platform called Zoom, owned and operated by Zoom Video Communications, Inc.
2. Information About us:
The Website is owned and operated by Gathered.
3. Contacting us:
3.1 If you wish to contact us with general questions, you may contact us by email at: hello@gather-ed.co.uk.
3.2 For matters relating to the Sessions, to your Booking or to your Account, please contact us by email at: hello@gather-ed.co.uk.
3.3 For matters relating to rescheduling or cancellations, please use the rescheduling link or the cancellation link in your confirmation email, contact us by email at: hello@gather-ed.co.uk, or refer to the relevant Conditions below.
3.4 To make a complaint, see Condition 17.
4. Age Restriction and Clients only:
Only if a person is aged at least 18 years of age may they purchase a Booking through the Website and access Sessions.
5. Business Customers:
These Conditions do not apply to customers purchasing Bookings and accessing Sessions, in the course of any business trade, craft or profession carried on by either them or any other person/organisation.
6. Bookings, Sessions, Pricing and Availability:
6.1 We use Acuity Scheduling to schedule and process our Bookings.
6.2 We make all reasonable efforts to ensure that all descriptions of Bookings and the Sessions available from us correspond to the actual Booking and the Sessions that you will receive and take part in.
6.3 Every Booking will include access to the Materials for the whole period of the Booking, and they will be accessible during and following the Session. The Materials may also be accessible prior to a Session, where applicable. We will provide details to you on how to access the Materials.
6.4 We may from time to time change our Prices. Changes in our Prices will not affect any Booking that you have already purchased but will apply to any subsequent new Booking. We will inform you of any change in Price at least 30 days before the change is due to take effect. If you do not agree to such a change, you may cancel the Contract as described in Condition 15.1.
6.5 Minor changes may, from time to time, be made to certain aspects of the Sessions, for example, to reflect changes in relevant laws and regulatory requirements, or to address technical or security issues. These changes will not alter the main characteristics of the Session and should not normally affect your participation. However, if any change is made that would affect your participation, suitable information will be provided to you.
6.6 In some cases, as described in the relevant descriptions on our Website, we may also make more significant changes to our Sessions. If we do so, we will inform you at least 14 days before the changes are due to take effect. If you do not agree to the changes, you may cancel the Contract as described in Condition 15.1.
6.7 Where any updates are made to our Sessions, they will continue to match the description provided to you before you purchased your Booking for access. Please note that this does not prevent us from enhancing our Sessions, thereby going beyond the original description.
6.8 We make all reasonable efforts to ensure that all Prices shown on the Website are correct at the time of going online. Changes in Prices will not affect any Booking that you have already placed.
6.9 All Prices are checked by us before we accept your Booking. In the unlikely event that we have shown incorrect pricing information, we will contact you in writing to inform you of the mistake. If the correct price is lower than that shown when you made your Booking, we will simply charge you the lower amount and continue processing your Booking. If the correct price is higher, we will give you the option to purchase the Booking at the correct price or to cancel your Booking (or the affected part of it). We will not proceed with processing your Booking in this case until you respond. If we do not receive a response from you within 5 days, we will treat your Booking as cancelled and notify you of this in writing.
6.10 If we discover an error in the Prices or the description of your Booking after your Booking is processed, we will inform you immediately and make all reasonable efforts to correct the error. You may, however, have the right to cancel the Contract if this happens. If we inform you of such an error and you do wish to cancel the Contract, please refer to Condition 15.4.
6.11 If the Price of a Booking changes between your Booking being placed and us processing that Booking and taking payment, you will be charged the Price shown on the Website at the time of making your Booking.
7.Orders- How Contracts are Formed
7.1 The Website will guide you through the process of making a Booking and optionally setting up an Account with us.
7.2 If, during the Booking process, you provide us with incorrect or incomplete information (including any incorrect or incomplete information about you) please contact us as soon as possible. If we are unable to process your Booking due to incorrect or incomplete information, we will contact you to ask to correct it. If you do not give us the accurate or complete information within a reasonable time of our request, we will cancel your Booking and treat the Contract as being at an end. We will not be responsible or liable for any delay in the availability of the Sessions that results from you providing incorrect or incomplete information.
7.3 No part of the Website constitutes a contractual offer capable of acceptance. Your Booking constitutes a contractual offer that we may, in our sole discretion, accept. Our acceptance is indicated by us sending you a Booking Confirmation by email. Only once we have sent you a Booking Confirmation does this constitute a legally binding Contract between us and you.
7.4 Booking Confirmations shall contain the following information:
7.4.1 confirmation of the Booking including full details of the main characteristics of the Booking and the Sessions available as part of it;
7.4.2 the Prices, and where appropriate, other additional charges;
7.4.3 the time and date of your Session;
7.4.4 the location of the Session or Zoom link for the Session, as appropriate; and
7.4.5 a link to reschedule or cancel a Session, if required.
7.5 In the unlikely event that we do not accept or cannot fulfil your Booking for any reason, we will explain why in writing. No payment will be taken under normal circumstances. If we have taken payment, any such sums will be refunded to you as soon as possible and in any event within 14 days.
7.6 Any refunds under this Condition 7 will be issued to you as soon as possible, and in any event within 14 calendar days of the day on which the event triggering the refund occurs.
7.7 Refunds under this Condition 7 will be made using the same payment method that you used when you made your Booking.
8.Your Account
8.1 Following purchase of a Booking, you will have the option to create and maintain an Account with us. The Website will guide you through the process of setting up an Account. Please also note the following in regard to Account setup.
8.1.1 you may not create an Account if you are under 18 years of age; and
8.1.2 we only offer the Sessions in the UK to individuals residing in the UK.
8.2 During the process of setting up an Account, you will be required to choose a password and username.
8.3 You will be asked for additional information regarding your Account, such as your e-mail address.
8.4 You must not share your Account or your Account details with anyone. If you believe that your Account is being used without your permission, please contact us immediately. We will not be liable for any unauthorised use of your Account.
8.5 You are fully responsible for maintaining the confidentiality of your password and account information and for all activities that occur under your password or Account. You must ensure that you log out from your Account at the end of each session accessed by you. You must immediately notify us of any unauthorised use of your password or Account or any other breach of security relating to your Account.
8.6 You must never use anyone else’s Account without prior authorisation from us for the specific occasion in question.
8.7 When creating an Account, the information you provide must be accurate and complete. If any of your information changes at a later date, it is your responsibility to ensure that your Account is kept up-to-date.
8.8 If you wish to close and delete your Account, you may do so by emailing us at: hello@gather-ed.co.uk.
9. Payment for Bookings
9.1 Payment for Bookings must always be made in advance. Your chosen payment method will be charged when we process your Booking and send you a Booking Confirmation (this usually occurs immediately).
9.2 We use Square to process your payment and the following methods of payment are accepted:
9.2.1 VISA;
9.2.2 Mastercard; and
9.2.3 American Express
9.3 If you believe that we have charged you an incorrect amount, please contact us at: hello@gather-ed.co.uk as soon as reasonably possible to let us know.
10. Provision of the Sessions
10.1 We undertake to make available to you on these Conditions, our Sessions, but if you choose not to access or make any permitted use of some or all of the Sessions or, for any reason not attributable to us, you are unable to do so, you will not be entitled to any refund.
10.2 The particular Session Booked by you will be available to you from when we send you a Booking Confirmation for the duration of your Booking, subject to the following:
10.2.1 the particular Session Booked by you will be available at the time and on date when it is scheduled to start, as communicated to you;
10.2.2 we will use all reasonable endeavours to make it available and start it at the time it is scheduled to start, but the start may be delayed by certain circumstances. Any such delay will not normally exceed 15 minutes but if the start is delayed by more than that period, we will rebook the Sessions by providing rebooking details to you.
10.3 When you place a Booking, you will be required to expressly acknowledge that by accessing the Session or the Materials, you will lose your legal right to cancel if you change your mind (the “cooling-off period”). Please see Condition 14.1 for more information.
10.4 In some limited circumstances, we may need to suspend the provision of the Session (in full or in part) for one or more of the following reasons:
10.4.1 to fix technical problems or to make necessary minor technical changes;
10.4.2 to update the Session to comply with relevant changes in the law or other regulatory requirements; and/or
10.4.3 to make more significant changes to the Session, as described above in Condition 6.6.
10.5 If we need to suspend availability of the Session for any of the reasons set out in Condition 10.4, we will inform you in advance of the suspension and explain why it is necessary (unless we need to suspend availability for urgent or emergency reasons such as a significant problem with the Session, in which case we will inform you as soon as reasonably possible after suspension). We will rebook the Session by providing rebooking details to you. If the suspension lasts (or we tell you that it is going to last) for more than 30 days, you may end the Contract as described below in Condition 15.2.
10.6 To ensure that our Sessions run smoothly and in-line with our values, you agree to adhere to the Group Guidelines.
10.7 If any Client is found to be in breach of the Group Guidelines, we reserve the right to:
10.7.1 remove the Client from the Session; and/or
10.7.2 block the Client from attending any future Sessions.
11. Gathered’s Disclaimers
11.1 You acknowledge and agree:
11.1.1 that the Sessions are in no way to be construed as psychological counselling or therapy nor are they a substitute for professional mental health care, midwifery care or other medical care and are not intended to diagnose, treat or cure any mental health or medical conditions;
11.1.2 that a Group Facilitator is not acting as a mental health counsellor, a midwife or any other medical professional;
11.1.3 that if you have any concerns about the health or mental health of you or you baby, you should contact your Health Visitor, GP, Midwife or a relevant Mental Health care professional;
11.1.4 that we are not responsible or liable for any distress or discomfort you experience due to any conversations you take part in or overhear during the Sessions. If you are affected by those conversations, you should contact your Health Visitor, GP, Midwife or a relevant Mental Health care professional. We can also provide details of relevant charities or support groups who may be able to advise and help you;
11.1.5 that neither Gathered or the Group Facilitators are responsible for the content, accuracy or validity of the views and opinions expressed and shared by the other participants in the Sessions and that those views are expressed solely by that particular participant;
11.1.6 not to, during a Session, intentionally make statements or comments that are or are likely to be, discriminatory, hateful, false, inaccurate, threatening, defamatory, abusive, obscene, indecent, seditious, offensive, pornographic, harassing, profane, sexually oriented, invasive of a person's privacy, liable to incite racial hatred, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, or which otherwise constitute a breach of any relevant law or a breach of the Group Guidelines; and
11.1.7 not to disclose any information in the Sessions that you would not be comfortable being disclosed publicly, as we cannot guarantee the confidentiality of your Confidential Information.
12. Licence
12.1 When you purchase a Booking, we will grant you a limited, non-exclusive, non-transferable, non-sublicensable licence for you to access, participate in and use the relevant Session for your personal, non-commercial purposes. The licence granted does not give you any other rights in the Sessions (including any material that we may licence from third parties).
12.2 The licence granted under Condition 12.1 is subject to the following usage restrictions and/or permissions:
12.2.1 you may not copy, rent, sell, publish, republish, share, broadcast or otherwise transmit the Sessions (or any part of them) or make them available to the public, except as permitted under the Copyright Designs and Patents Act 1988 (Chapter 3 ‘Acts Permitted in relation to Copyright Works’); and
12.2.2 you may not make your access to the Sessions available to any other person (by voice, text, image or otherwise) except for a query about that Session having regard to the content of that item or event.
13.Problems with our Sessions
13.1 By law, we must provide digital content that is of satisfactory quality, fit for purpose, and as described. If any of the Sessions made available to you through your Booking do not comply, please contact us as soon as reasonably possible to inform us of the problem. Your available remedies will be, as follows:
13.1.1 if we cannot fix the problem, or if it has not been (or cannot be) fixed within a reasonable time and without significant inconvenience to you, you may be entitled to a full or partial refund; or
13.1.2 if you can demonstrate that the fault has damaged your device or other digital content belonging to you because we have not used reasonable care and skill, you may be entitled to a repair or compensation. Please refer to Condition 16.3 for more information.
13.2 Please note, we will not be liable under this Condition 13, if we informed you of the fault(s) or other problems with particular Sessions before you accessed them and it is that same issue that has now caused the problem, if you have purchased a Booking for an unsuitable purpose that is neither obvious nor made known to us and the problem has resulted from your use of the Sessions for that purpose; or if the problem is the result of misuse or intentional or careless damage.
13.3 If there is a problem with any of our Sessions, please contact us at: hello@gather-ed.co.uk or visit the contact page on the Website https://www.gather-ed.co.uk/ to inform us of the problem.
13.4 Refunds (whether full or partial, including reductions in Price) under this Condition 13 will be issued within 14 calendar days of the day on which we agree that you are entitled to the refund.
13.5 Refunds under this Condition 13 will be made using the same payment method that you used when purchasing your Booking.
13.6 For further information on your rights as a consumer, please contact your local Citizens’ Advice Bureau or Trading Standards Office.
14.Cancelling your Booking
14.1 If you are a consumer in the UK, by default you have a legal right to a “cooling-off” period within which you can cancel a contract for any reason, including if you have changed your mind, and receive a refund. The period begins once we have sent you your Booking Confirmation (i.e. when the Contract between you and us is formed) and ends when you: (i) access the Sessions or the Materials (whichever occurs earlier); or (ii) 14 calendar days after the date of our Booking Confirmation, whichever occurs first (“Cooling-Off Period”).
14.2 If you access the Materials prior to end of the Cooling-Off Period, the Cooling-Off Period will no longer apply and you will not be entitled to cancel your Session or be entitled to a refund.
14.3 After the Cooling-Off Period, you may cancel your Booking provided that you notify us 48 hours prior to the start time of the Sessions. We will issue you a refund for the applicable Price.
14.4 After the Cooling-Off Period, if you wish to cancel your Booking on less than 48 hours’ notice prior to the start time of the Session, we would not usually offer any refund to you. However, you may transfer your Booking to a friend, contact or family member, provided you let us know. If we manage to fill your space, we may offer you a refund in our sole discretion.
14.5 If you purchase a Booking by mistake, you can reschedule the Session by using the link in the Booking Confirmation. However, if you have accessed any of the Materials prior to the end of the Cooling-Off Period, we will not be able to offer any refund.
14.6 If you wish to exercise your right to cancel under this Condition 14, you may inform us of your cancellation by email to: hello@gather-ed.co.uk. Cancellation by email is effective from the date on which you send us your message. Please provide us with your name, address, email address, and telephone number.
14.7 We may ask you why you have chosen to cancel and may use any answers you provide to improve our content and services, however please note that you are under no obligation to provide any details if you do not wish to.
14.8 Refunds under this Condition 14 will be issued to you as soon as possible, and in any event within 14 calendar days of the day on which you inform us that you wish to cancel.
14.9 Refunds under this Condition 14 will be made using the same payment method that you used when purchasing your Booking.
15.Your Other Rights to End the Contract
15.1 You may end the Contract at any time if we have informed you of a forthcoming change to your Booking (as described in Conditions 6.4 or 6.6), or to these Conditions that you do not agree to. If the change is set to take effect or apply to you before the start of your current Booking, we will issue you with a refund. If the change will not take effect or apply to you on the expiry of your current Booking, the Contract will end at the end of that Booking period and you will continue to have access to the Session until that date.
15.2 If we have suspended availability of the Session for more than 30 days, or we have informed you that we are going to suspend availability for more than 30 days, you may end the Contract immediately, as described in Condition 10.5. If you end the Contract for this reason, we will issue you with a refund.
15.3 If we inform you of an error in the Price or description of your Booking or the Sessions and you wish to end the Contract as a result, you may end it immediately. If you end the Contract for this reason, we will issue you with a refund.
15.4 You also have a legal right to end the Contract at any time if we are in breach of it. You may also be entitled to a full or partial refund. For more details of your legal rights, please refer to your local Citizens Advice Bureau or Trading Standards Office.
15.5 Refunds under this Condition 15 will be made within 14 calendar days of the date on which your cancellation becomes effective, using the same payment method that you used when purchasing your Booking.
15.6 If you wish to exercise your right to cancel under this Condition 15, you may do so using the cancellation link in your booking confirmation.
15.7 We may ask you why you have chosen to cancel and may use any answers you provide to improve our content and services, however please note that you are under no obligation to provide any details if you do not wish to.
16. Our Liability to Clients
16.1 We will be responsible for any foreseeable loss or damage that you may suffer as a result of our breach of these Conditions (or the Contract) or as a result of our negligence. Loss or damage is foreseeable if it is an obvious consequence of our breach or negligence or if it is contemplated by you and us when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable.
16.2 The Sessions are intended for non-commercial use only. We make no warranty or representation that the Sessions are fit for commercial, business or industrial use of any kind. We will not be liable to you for any loss of profit, loss of business, interruption to business, or for any loss of business opportunity.
16.3 If, as a result of our failure to exercise reasonable care and skill, any of our digital content (including but not limited to the Sessions) from the Website damages your device or other digital content belonging to you, we will either repair the damage or pay you appropriate compensation. Please note that we will not be liable under this provision if:
16.3.1 we have informed you of the problem and provided a free update designed to fix it, but you have not applied the update; or
16.3.2 the damage has been caused by your own failure to follow our instructions; or
16.3.3 your device does not meet any relevant minimum system requirements that we have made you aware of before you purchased your Booking.
16.4 Nothing in these Conditions seeks to limit or exclude our liability for death or personal injury caused by our negligence (including that of our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation, or for the Sessions which is not as described, does not match information that we provided, not of satisfactory quality, or is not fit for any purpose made known to us.
16.5 Nothing in these Conditions seeks to exclude or limit your legal rights as a consumer. For more details of your legal rights, please refer to your local Citizens Advice Bureau or Trading Standards Office.
16.6 We will not be responsible or liable if you are unable to access any the Sessions due to any failure or delay in performing our obligations under the Contract resulting from any Force Majeure Event.
17. Complaints and Feedback
17.1 We always welcome feedback from our Clients and, whilst we always use all reasonable endeavours to ensure that your experience as a Client of ours is a positive one, we nevertheless want to hear from you if you have any cause for complaint.
17.2 If you wish to complain about any aspect of your dealings with us, please contact us by email to: hello@gather-ed.co.uk.
18.Use of Zoom
18.1 We use technology which allows us to provide the Sessions provided that you have the appropriate technology (see below) to attend the Sessions. For this purpose, we use Zoom and we make the Sessions available to you via Zoom on the following basis:
18.1.1 we will subscribe to Zoom and will pay any necessary fees to Zoom to maintain an online video conferencing service;
18.1.2 Zoom will enable us to act as “host” and to provide the Sessions to you over the internet via the Zoom facilities;
18.1.3 we do not supply or make available the Zoom platform that you use to access any of the Sessions. We are not a party to your download and use of that platform, and we will have no responsibility or liability to you in relation to it in any respect. It will be subject to and governed by such terms and conditions and privacy policy of Zoom, as the third-party provider of the platform to you imposes on such download and use;
18.1.4 to receive or participate in any of the Services via Zoom, you will need to join a Session which is within the scope of your Booking;
18.1.5 you will not need to pay any fee or charge to use the Zoom facility or join the Session, you will only need to pay for the Session made available by your Booking; and
18.1.6 we do not provide any PC, laptop, tablet, mobile phone or other hardware (“Device”) or any Zoom application (“Zoom App”) or other software for use on or with any Devices, nor any internet connection or service or other equipment or facilities necessary to enable you to use Zoom.
18.2 It will be your sole responsibility to ensure that you have access to, and familiarity with all necessary technology so that you can receive and participate in the Sessions via Zoom.
18.3 You will need to ensure that you have access to and use the following non-exhaustive list of facilities for this purpose:
18.3.1 an appropriate functioning Device which is adequately charged;
18.3.2 an up-to-date Zoom App, where applicable. It will need to be downloaded to your Device, and installed and working fully and correctly on your Device, so that you can receive the Services;
18.3.3 stable, reliable, internet access with an adequate speed;
18.3.4 a safe location with a suitable quiet and comfortable environment in which to watch and/or listen, speak where appropriate or desired, and otherwise to participate as necessary, without the presence of any other person to distract you or the Group Facilitator (with the exception of your baby or child(ren));
18.3.5 where the Device on its own does not provide an adequate microphone and/or loudspeakers for the purpose of the Sessions, external microphone and/or speakers, as reasonably necessary; and
18.3.6 note books, pens, pencils, and any books or materials that you will need, as advised by us or the Group Facilitator.
18.4 The Materials are not provided via Zoom but are instead shared by email, or for members via the membership site directly (see Membership Terms and Conditions).
18.5 We do not, and cannot, assist you to obtain, set up, maintain, or operate any technology. If you need any assistance or advice about technology, you should seek it from an appropriate third party. We do not, and cannot, give you any advice about what technology is needed or how to use it.
18.6 We do not claim to have any expertise or skill in relation to any technology that you need or use for the purpose of attending the Sessions. However, we may, if you request it, either before or during any Session, and without charge, offer suggestions in good faith to resolve any problem with the technology that you report, but our suggestions will not constitute advice. We do not therefore take on any responsibility or accept any liability to you if any such suggestion does not help you to resolve any problem or if by following any such suggestion you experience any other problem, loss or damage to any technology or other thing except if your Device or your digital content is damaged in circumstances where we are liable in respect of that damage. We will not be responsible or liable to you if you are unable to access any of the Sessions due to any failure or delay in performing our obligations under the Contract resulting from any cause beyond our reasonable control. In any such case, you will remain liable to pay for the Sessions that we have made available for you. Such causes beyond our reasonable control may include (but are not limited to):
18.6.1 where you are unable to resolve any technology problem (whether or not you have asked us for or we have offered any suggestions as to how to resolve the problem);
18.6.2 any slow speed, instability, temporary or other breakdown, unavailability or inadequacy of, or defect in, your internet service or any other equipment or service (e.g. telecommunications, computing, audio or visual) that you use or rely on;
18.6.3 failure of or defect in the Zoom platform used by us or you to make the Sessions available to you;
18.6.4 your inability to access the Sessions due to failure of or defects in the Website; or
18.6.5 any Force Majeure Event.
18.7 When you access any Session, it will also be made accessible to other participants who have Booked it and choose to access it. The following will apply to any such Session:
18.7.1 when you sign in to Zoom, you should indicate your (and your baby’s) first name(s) only since those names will be visible to the other participants;
18.7.2 you understand and are aware that there is a risk that other participants and other people may see and hear (via the video and/or audio facilities of the Zoom platform, Zoom App and your Device) not only you but also your space and its surroundings and other people in or near that space and its surroundings when you are participating in the Session;
18.7.3 the space that you use should be free of others and it should be difficult to see or hear via the Zoom platform, Zoom App and your Device any interactions between people who are in or near that space and its surroundings. For example, you might decide to use a private room and/or wear headphones;
18.7.4 there are potential risks in transmitting information over technology that include, but are not limited to, breaches of confidentiality and the theft of personal information; and
18.7.5 it will be your responsibility to ensure that you have a suitable space to use when participating in any Session to protect your privacy and that of others in or near that space.
18.8 We will not be liable to you for any loss or damage arising from your failure to comply with the requirements set out in Condition 18.7.
18.9 You acknowledge and agree that:
18.9.1 you must tell us of any special requirement, problem or condition of which you are aware which might be relevant to you participating in the Sessions; and
18.9.2 due to the remote nature of online sessions, we do not undertake to and cannot supervise, attend, assist or advise (or arrange for or alert any third party to do so), if during a session you fall ill, have an accident or experience any other problem.
18.10 Please note that:
18.10.1 we will, in our discretion, decide which Group Facilitator to assign to each Session; and
18.10.2 we may assign different Group Facilitators to different Sessions depending on their availability and suitable expertise.
19. How we use your Personal Information (Data Protection)
We will only use your personal data in accordance with our Privacy Policy available from [insert hyperlink for Privacy Policy].
20. Confidentiality
20.1 We cannot ensure the total privacy or confidentiality of your Confidential Information due to the nature of two-way Sessions involving the other participants as well as you.
20.2 Except with the prior consent of the participant concerned, you may not disclose any names or personal details of or the specifics of any conversations that take place during a Session.
21. Other Important Terms
21.1 We may transfer (assign) our obligations and rights under these Conditions (and under the Contract, as applicable) 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. Your rights under these Conditions (and the Contract) will not be affected and our obligations under these Conditions (and the Contract) will be transferred to the third party who will remain bound by them.
21.2 You may not transfer (assign) your obligations and rights under these Conditions (and under the Contract) without our express written permission.
21.3 The Contract is between you and us. No other person shall have any rights to enforce any of its terms.
21.4 If a court or other authority finds that any part(s) of these Conditions are unlawful, the remaining parts will remain in full force and effect.
21.5 If we fail to take steps or delay in taking steps to enforce any of our rights against you under these Conditions, that will not prevent us doing so at a later date, for example our right to require you to make any payment which has become payable under the Contract.
21.6 We may revise these Conditions from time to time in response to changes in relevant laws and other regulatory requirements. If we change these Conditions as they relate to your Booking, we will give you reasonable advance notice of the changes and provide details of how to cancel if you are not happy with them (also see Condition 15.1 above).
22. Dispute Resolution
22.1 We will try to resolve any disputes with you quickly and efficiently.
22.2 If you are unhappy with:
22.2.1 the Sessions;
22.2.2 our service to you generally; or
22.2.3 any other matter,
please contact us as soon as possible.
22.3 If you and we cannot resolve a dispute using our internal complaint handling procedure, we will:
22.3.1 let you know that we cannot settle the dispute with you; and
22.3.2 we may recommend that we use an online dispute resolution (ODR) platform to resolve the dispute.
23. Law and Jurisdiction
23.1 These Conditions, and the relationship between you and us (whether contractual or otherwise) shall be governed by, and construed in accordance with, the law of England & Wales.
23.2 As a consumer you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Condition 23.1 above takes away or reduces your rights as a consumer to rely on those provisions.
23.3 As a consumer, any dispute, controversy, proceedings or claim between you and us relating to the Contract, or the relationship between you and us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.