MYMIDWIFE.CO.UK LIMITED

TERMS AND CONDITIONS

(NOTE – Nothing contained in these terms and conditions affects your Statutory Rights i.e. any rights you may have by any Act of Parliament)

1.       GENERAL

1.1.        We, MYMIDWIFE.CO.UK LIMITED, of Suite B, 29 Harley Street, London, W1G 9QR Registered in England No. 54065323  will supply our services to you (the client) on the following terms and conditions.

1.2.        All the terms of the contract between us are contained in this document. If we agree to change any of these terms with you, we will confirm the agreed changes by email.

2.       our Services

2.1.        We will provide you access by email, and by telephone where necessary, to a qualified midwife  who will be dedicated to you throughout the term of your pregnancy and will provide ante-natal and post-natal (one month after birth) advice and information to you. This is for non-emergency requests only.

2.2.        We will also provide the facility of an “On-line Life Forum” scheduled for the dates specified weekly on the site for you and our other clients to discuss pregnancy related issues and personal experiences via a secure “chat room” facility.

2.3.        Our services are ancillary to medical advice obtained from your GP or midwife and are not in any way intended as a substitute for medical checks required during and after pregnancy by a GP, midwife or hospital.

3.       How a contract for our services is made

3.1.        A legally binding contract will be made between us when:

3.1.1.          you have completed and submitted an On-line purchase  via our website www.mymidwife.co.uk and;

3.1.2.          you have paid the necessary fee which has been cleared in full and;

3.1.3.          we have confirmed receipt of the On-line purchase by email to you.

4.       price and payment 

4.1.        The price for our services is detailed in our price list inclusive of VAT (a current version of our price list can be found on our website at www.mymidwife.co.uk)

4.2.        Payment must be made in advance for the services.   Payment is in pounds sterling (£).

4.3.        You can make payment by;

4.3.1..         debit or credit card via the website

4.4.        Payment will be made in full when we have confirmation of a secure debit or credit card transaction, or a personal cheque has been cleared by your bank.

5.       Provision of our service

5.1.        We will provide a professional, personal advisory service to you on pregnancy related queries. This will be by email exchange and telephone calls when necessary. 

5.2.        Your questions will be answered by a qualified practising midwife whose professional details are as follows:

Registered Midwife Claire Parry PIN NO. 00J2356E

5.3.        We will respond to your queries via the email address provided in the “Online Service Request Form”. If your email address changes or is out of use for any period, you must inform us straight away.

5.4.        We will acknowledge your email query straightaway and we aim to answer your query within the times specified on the site.. There may be times when we need to obtain further information from you before we are able to provide full advice. In these circumstances we are not responsible for any delay in responding to you where you do not provide us with the further information necessary to answer your query fully.

5.5.        If we are unable to provide our services for any reason, we will provide a substitute service from a qualified midwife of equivalent qualification and experience and notify you in this event.

5.6.        In the unlikely event that we are unable to provide our services or provide a substitute service we shall notify you immediately.  You shall be entitled to a refund for the period during which our services are not available.

6.       Complaints procedure

6.1.        If you have any complaints or comments about our services please email your complaint to [ customer_service@mymidwife.co.uk].

6.2.        If we are unable to resolve your complaint within [14 days] from your notice to us in clause 6.1, you are entitled to cancel the contract with us immediately and we will refund to you the full subscription payment.

7.       CANCELLATION – YOUR RIGHTS:

7.1.        We aim to meet the requirements of the Consumer Protection (Distance Selling) Regulations 2000. Accordingly, you have an unconditional right to cancel the contract with us at any time up to 7 working days (that is not including the weekend or bank or public holidays) from the day after the contract between us is made.

7.2.        If you choose to cancel the contract with us in clause 7.1, we shall refund you fully for payment already made within 30 days of the date of cancellation by you.  Where payment has been made by credit or debit card, we will refund the payment onto the debit or credit card used for initial payment.

7.3.        After 7 days from the date our services are provided to you (as described in clause 7.1), if you want to cancel the contract with us, you must provide [14 days’ notice] to us.  We will reimburse you the full subscription price.

7.4.        If it is necessary for us to change these terms and conditions and you do not agree to the changes proposed, you may cancel the contract by providing [7 days’ notice]. We will reimburse you the full subscription price.

8.       TERMINATION OF THE CONTRACT By us

8.1.        We may terminate the contract with you by 7 days notice in writing if:

8.1.1          you persistently fail to provide us information necessary for us to provide you health advice;

8.1.2          your communication becomes in any way abusive or aggressive towards us;

8.2.       If you break the contract and we decide not to take action in that instance, it will not affect our right to take action in the future.

9.       Your Personal Data

9.1.        In order to provide our services, it will be necessary to obtain personal information from you including information about your medical health. Your personal information will be treated in accordance with the Data Protection Act 1998 (“the Act”) which provides you rights as an individual as to how your personal information is handled.  We will adhere to the requirements under the Act as follows:

9.1.1.          information about your medical health is “sensitive data” under the Act and requires your express consent to be processed by us. By accepting these terms and conditions [and ticking the box on the On-line Service Request Form] you expressly consent to the collection of information about your medical health from you for the provision of our services.

9.1.2.          all information we hold about you will be used solely for the provision of health advice;

9.1.3.          you can request the information we hold about you at any time;

9.1.4.          we will not hold information about you any longer than necessary and only keep records of your personal information in order to keep accurate records;

9.1.5.          we will take all measures available to ensure information we hold about you is kept secure and is not processed in any manner which contravenes the Act.

9.2.        All personal and medical information we hold about you will be treated in the strictest confidence and we will comply with the best practices of confidentiality practiced by NHS midwives. We will not divulge any of your personal or medical information to any third party unless you request us to do so or if required by law.

9.3.        Our obligations of confidentiality and compliance with the Data Protection Act 1998 will continue after the contract between us ends in accordance with our legal requirements.

10.     LIABILITY

10.1.     NOTHING IN THESE TERMS AND CONDITIONS EXCLUDES OR LIMITS OUR LIABILITY TO YOU FOR DEATH OR PERSONAL INJURY CAUSED BY OUR ACTS, OMISSION OR NEGLIGENCE.

10.2.      Strictly subject to clause 10.1 above the following will operate to limit our liability to you for all other losses as described:

10.2.1.        The advice we provide to you is based solely upon the information you give to us and your description of your medical symptoms. We are wholly reliant on this information from you as we will not meet you in person to perform a physical examination. We cannot be liable for any loss caused to you as a result of inaccurate information which is given by you.

10.2.2.        If we ask for further information from you, you must provide this to us in a timely manner in order for us to respond fully to your query as soon as possible. We will not be liable for losses which you suffer if you fail to do so.

10.2.3.        The advice we provide to you will be based on the best current midwifery practice in accordance with the midwifery guidelines laid down by the [Royal College of Midwives] which can be found at [insert hyperlink to RCM recognised midwifery guidelines or code of practice] We will only be liable to you if our advice fails to meet such guidelines.

10.2.4.        If you worried about yours or your baby’s health at any time during your pregnancy or following the birth of your baby you must seek medical advice from your GP, midwife or emergency services immediately. The advice we provide is in no way a substitute for contacting your GP or midwife in relation to your pregnancy or the emergency services and we will not accept any liability for losses suffered as a result of failing to seek such professional care.

10.2.5.       We do not maintain professional indemnity insurance .

10.2.6.        The advice we provide is for you and you only based upon your personal information you provide to us. We shall not be liable in any way to any third party if you pass on specific or general advice to a third party.

10.2.7.        We cannot be held responsible, and accept no liability for, failure in email transmission and where, for whatever reason, any loss is suffered by you because any email transmission is corrupted, fails to arrive, or arrives after an undue delay, or is received in an unintelligible form.

11.     miscellaneous

11.1.      We can only provide our services to clients resident in the UK who are registered with a GP in the UK.

11.2.      Any notice under the contact can be made in writing sent by first class or special delivery post or by email.  Any notice sent by first class post is considered delivered 48 hours after posting and, if sent by special delivery post, 24 hours after posting it.  All other communications sent by email are considered delivered at the time.

11.3.      We recommend that you send any notices to cancel the contract with us by special delivery post. 

11.4.      We shall use the email address and postal address provided in your “Online Service Request form” during the contract unless you notify us otherwise.

11.5.      You must not transfer the contract to anyone else as it is personal to you only.

11.6.      A person who is not a party to the contract has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any terms of the contract.  This does not affect any right or remedy of a third party which exists or is available apart from that Act.

11.7.      If any of these Conditions is, or at any stage in the future becomes invalid, illegal or cannot be enforced in law, it will not affect the other terms which will stay in force.

11.8.      If there is a dispute between you and us, we both agree that the courts of England and Wales will be the only courts with the power to deal with the dispute and that English law will apply.