Belle Mama

THE HYPNOBIRTHING TOOL KIT TERMS OF SERVICE

Thank you for purchasing The Hypnobirthing Tool Kit. 

All sales are final for this course. By clicking “Buy Now,” “Complete Order,” or any other phrase on the purchase button, entering your credit card information, or otherwise rendering payment (either in-full or partial) for the product for which these terms appear ("Product," “Course,” and/or “Program”), you (“Client” and/or “Customer”) agree to be provided with products, programs, or services by Ellie Waddington (owner) in her capacity as owner and creator of this product. and you are executing a legally binding agreement with the owner, subject to the following terms and conditions: 

Ellie Waddington provides expectant parents with education and non-medical advice for building confidence around birthing their baby. 

Ellie Waddington has created this Product to teach expectant parents how to build a confident birth mind-set. This product is a self-paced programme consisting of pre-recorded videos, presentations, audios, PDF's, one live Q&A session a month and a Facebook Group.

This Term of this Agreement shall be one (1) year from the date of initial purchase, with the exception of Section 6 through 11, which shall survive the Term of this Agreement.

Termination - Customer dissatisfaction with the owner's subjective teaching style, independent judgment, methods, or other techniques are not valid reasons for termination of this Agreement or request of any monies returned to Customer. Even if Customer does not complete all portions of the Program, Customer is nevertheless responsible for all payments due and owed under this Agreement by making the first payment of the Program at checkout and executing these Terms and Conditions.

The owner is not not a doctor, nurse, registered dietician, physical therapist, occupational therapist, psychiatrist, psychologist, therapist,  master of science in nutrition, certified personal trainer, midwife, obstetrician or any other kind of medical professional

Customer understands that the Program is created to help Customer learn new skills and assist Customer with finding his/her own direction. The Program may offer guidance regarding how to make informed decisions, but it is the responsibility of the Customer to make the final decision and choose the best option for themselves.     

Customer understands that the Product has been designed by the owner for general educational and informational purposes only, with the goal of teaching the customer how to get confident going into the birth of their baby. Through the Programme, the owner might provide guidance regarding making decisions around your own maternity care, but it is ultimately the responsibility of the Customer (and only the Customer) to make the final decision for themselves. By using the owner’s services and purchasing this Product, Customer accepts any and all risks, foreseeable or unforeseeable, arising from such a transaction. Customer agrees that the owner will not be held liable for any damages of any kind resulting or arising from the use or misuse of the Program. Customer agrees that use of this Product is at the user's own risk.

Customer hereby acknowledges that birth confidence and positive birth mindset coaching are subjective services and Company’s methods to provide this service may change in terms of style and/or technique. The owner may use its personal judgment to provide the Programme services to Customer, even if these methods do not follow strict adherence to Customer’s suggestions.

 Hypnobirthing - The customer understands that Hypnobirthing is a method of managing pain and anxiety during childbirth, involving various therapeutic relaxation techniques, such as deep breathing and visualization. The customer also understands that the advice given in this programme is not intended to replace medical advice.

Customer hereby acknowledges that Customer is solely responsible for the effectiveness of the techniques learned in this programme and the effect they have on the customer's birth journey. Customer also acknowledges that the owner cannot and does not guarantee that implementation of the Course will provide Customer with a particular birth outcome. Customer also agrees that he/she is solely responsible for any decision Customer makes and indemnifies the owner from any liability regarding said decision. 

The Product has been developed for educational purposes only. The owner has established her proprietary Product in order to educate and inspire Customer to pursue his/her birth goals. However, Customer hereby acknowledges that the owner does not guarantee Customer’s goals, whatever the goals may be, will be reached by completing and implementing the advice and techniques in the Product. Customer accepts and agrees that Customer is 100% responsible for his/her results from the Product. Customer acknowledges that, as with any investment, there is an inherent risk associated. As such, Customer agrees there is no guarantee that Customer will attain his/her goals by simply completing the programme.

Nevertheless, Customer acknowledges that he/she can optimise her potential results from the Product by adhering to the following: 

• Completion of all Product material, including worksheets;
• Thoughtful and meaningful participation in all Question & Answer sessions.
• Utilisation of the Product’s private Facebook Group.
• Daily listening of the Hypnobirthing Audios included in the programme.
• Taking 100% responsibility for Customer’s results, 100% of the time.

(a) Upon execution of this Agreement, Customer agrees to pay to the owner the full purchase amount for the Product, regardless of what payment option Customer selects at checkout. 

(b) If Customer selects a payment plan option, Customer agrees to pay all fees pursuant to the payment schedule outlined at checkout and selected by Customer. All payments must be paid before the Programme end date, or else the owner reserves the right to take legal action for any outstanding monies due and owed under this Agreement.

(c) Customer authorises the owner to charge the credit card or account used at checkout to complete all payments pursuant to the payment plan Customer selected at checkout, and Customer does not require separate authorisation for each payment. 

(d) If any payments fail, Customer agrees to remedy the situation immediately (ie. update Customer’s payment information, provide a new credit card, and/or make all past-due payments within 5 business days) or else Customer forfeits his/her right to access the Product. 

(e) The Customer shall not threaten or make any chargebacks to the owner’s account or cancel the credit card that is provided as security without the owner’s prior written consent. The owner reserves the right to collect any and all monies owed by Customer to the owner for the Programme, by any means necessary within the parameters of the law. The Customer shall pay for any fees associated with recouping payment, including but not limited to, legal fees. In the event of a chargeback, the owner reserves the right to report the incident to credit reporting agencies as a delinquent account. 

(f) Late Fees - the owner understands that, from time to time, there are issues with payment. All payments must be received by the owner within five (5) days of the due date for that instalment. Any payments not received within 5 days of their due date shall be subject to a late fee of £50. Any payments not received within 10 days of their due date shall result in Customers breach of these terms and may result in removal of access to the Programme. Customer shall still remain responsible to make all payments due and owing under this Agreement to the owner in the event Customer’s access to the Program is revoked.

All sales are final for this Product. Due to the inherent nature of educational programs and the electronic transmission of the same, there are no refunds.

Confidential Information & Non-Disclosure - the owner takes pride in its proprietary information included in each Product. As such, Customer agrees and acknowledges all Confidential Information shared through this Product and by the Owner is confidential, proprietary, and belongs exclusively to the the owner.

“Confidential Information” includes, but is not limited to:

• Any systems, sequences, processes or steps shared with Customer;
• Any information disclosed in association with this Agreement;
• Any systems, sequences, processes, or  secrets in connection with the Product or the owner’s business practices.

Testimonials - The Owner also agrees to protect Customer’s personally identifiable information. However, from time to time, the owner may use general statements about Customer’s success for testimonials as part of the owner’s marketing strategy. By agreeing to these Terms, Customer agrees to the owner sharing Customer’s success stories as testimonials in any matter across any media at the sole discretion of the owner.

Intellectual Property - This Product and the related content shall be considered intellectual property owned by Ellie Waddington. Other examples of intellectual property owned by Ellie Waddington and  within Ellie Waddington’s products include, but are not limited to: trademarks, service marks, layout, logos, business names, course/program/module names, design, text, written copy, certain images, podcast recordings, workbooks, videos, audio files, and all of her paid products (collectively referred to as “Intellectual Property”). 

Limited License - The owner grants only a limited, personal, non-exclusive and non-transferable license to Customer to use the Intellectual Property for Customer’s personal use. Nothing in this Agreement shall transfer ownership of or rights to any intellectual property of the the owner to the Customer, nor grant any right or license other than those stated in this Agreement. Customer acknowledges that his/her purchase of this Product is for his/her/its single individual use. Customer shall not copy, reproduce, transmit, modify, edit, create derivative works from, alter, sell, or share with others any products or parts of the Program without prior written consent or unless provided otherwise. 

If Customer is also a business owner or professional in a similar industry, Customer shall not misappropriate any of the owner’s Intellectual Property and proprietary information in the following manner:

• Teaching Customer’s clients/customers/audience any of the information, methods, solutions, or formulae owned by Ellie Waddington and passing it off as Customer’s own;
• Copying any of the owner’s Product content and/or material for Customer’s commercial use;
• Copying, publishing, transmitting, transferring, selling, creating derivative works from, reproducing, or in any way exploiting any of the Intellectual Property owned by the owner in either whole or part without prior written consent. 

Customer hereby acknowledges that the owner is not liable for any injuries that may arise from Customer’s actions, omissions, or decisions based off Customer’s participation in this programme. Customer hereby agrees to indemnify and hold harmless the owner of any claims that may arise after use of this Product. 

Access to this Product is currently through a third-party platform, THINKIFIC, Ellie Waddington is not liable for any limitation of access to the Product caused by THINKIFIC.

A.             Amendments - We reserve the right to amend this Agreement from time to time. Any amendments must be agreed in writing and executed by both parties.

B.             Headings & Severability - Headings are included for convenience purposes only and shall not affect the construction of this Agreement. If any portion of this Agreement is held to be unenforceable, it shall not affect the remaining portions of the Agreement, which shall remain in full effect. If any portion of this Agreement is held to be unenforceable, then the unenforceable portion shall be construed in compliance with applicable law in a light most favourable to the original intentions of the parties. If the unenforceable portion of the Agreement is found by a competent court of this jurisdiction to be contrary to law, then it shall be changed and interpreted to best reflect the original intentions of the parties, and all other provisions shall remain in full force and effect.

C.             Entire Agreement - This Agreement reflects the entire agreement between the parties. This Agreement trumps any other existing negotiations, communications or Agreements between the parties, whether written, oral, or electronic, and is the full extent of the Agreement between the parties.

D.            All Rights Reserved - All rights not expressly granted in this Agreement are reserved by us. 

E.           Governing Law - Ellie Waddington is located in the United Kingdom and is subject to the applicable laws governing the United Kingdom. The governing law for this agreement is the laws of The United Kingdom. 

F.             Arbitration - Any disputes arising under this Agreement shall first be resolved through a binding arbitration. 

G.           Maximum Damages - Customer agrees and acknowledges that the maximum amount of damages that Customer may be entitled to in any claim arising from this Agreement or Program shall not exceed the total cost of the Programme.

H.         Execution – Customer agrees to accept the above Agreement in its entirety when Customer selects and confirms “I agree to the Terms & Conditions” at the Product checkout page and by rendering first payment.