All references to 'our', 'us', 'we' or ‘company’ within these terms and conditions refer to The Baby Gurus Ltd, its subsidiaries and associates.
“Contract” means the contract created by your submission of an application to attend one of our courses and our acceptance of that application
“Specified Service” means the specific course to be supplied by us for you, the details of which appear elsewhere on this website
“Our Standard Charges” means the charges shown on this website from time to time and are per person.
2. Supply of the Specified Service
2.1 We shall provide the Specified Service to you subject to these conditions. Any changes to the Specified Service or these conditions must be agreed in writing between you and us.
2.2 You shall, prior to your arrival at the course, complete the health sheet provided on this web site for all participants on the course.
2.3 The Specified Service shall be provided in accordance with this web site from time to time subject to these conditions.
2.4 Further details about the Specified Service and advice or recommendations about its provision or utilisation which are not given on the web site may be made available on request.
2.5 We may correct any typographical or other errors or omissions on the web site relating to the provision of the Specified Service without any liability to you.
2.6 We may at any time without notifying you make any changes to the Specified Service which are necessary to comply with any applicable safety or other statutory requirements, or which do not materially affect the nature or quality of the Specified Service.
2.7 We reserve the right to refuse treatment to you if you present health issues that could be exacerbated by your participation on the course.
3. Charges
3.1 Subject to any special terms agreed, you shall pay our Standard Charges and any additional sums which are agreed between us for the provision of the Specified Service or which we believe, in our sole discretion, fall due. Our Standard Charges include everything that is included in the course as specified on this web site. Anything surplus to this will be charged to your room and you must pay for these items directly with the hotel on your departure..
3.2 We shall be entitled to vary our Standard Charges from time to time. It is your responsibility to check the web site prices when making your application.
3.3 All charges for the provision of the Specified Services are exclusive of VAT, for which you shall be additionally liable at the applicable rate from time to time.
3.5 You shall pay our Standard Charges and any additional sums payable (together with any applicable VAT, and without any set-off or other deduction) not less than 28 days prior to the date of commencement of the course.
3.6 If payment is not made by the due date, we shall be entitled, without limiting any other rights we may have, to cancel the booking without any obligation to refund any sums already paid.
4 Rights in Input and Output Material
4.1 The property and any copyright or other intellectual property rights in the content of this web site and the courses shall belong to us. We respect the intellectual property rights of others, and require that the people who use this website or take a Specified Service do the same.
5. Warranties and Liabilities
5.1 You warrant to us that you will check with your GP or midwife that you are fit to participate in the aquanatal sessions and physical activities prior to your arrival on the course, and advise us of any advice you are given. You warrant to us that if you have been given any warning about your health or your pregnancy by your GP or midwife, you will advise us of it prior to your arrival on the course.
5.2 We warrant to you that the Specified Service will be provided using reasonable care and skill and as far as reasonably possible in accordance with this website and at the time referred to in your application. Where we supply, in connection with the provision of the Specified Service any services supplied by a third party, we do not give any warranty, guarantee or indemnity beyond that given by the person supplying the services to us.
5.2 We shall have no liability to you for any loss, damage, costs, expenses or other claims for compensation arising from any information or instructions supplied by you which is incomplete, incorrect, inaccurate, illegible, out of sequence or in the wrong form, or arising from its late arrival or non-arrival, or any other fault of you.
5.3 Except in respect of death or personal injury caused by our negligence, or as expressly provided in these conditions, we shall not be liable to you by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the Contract, for any loss of profit or any indirect, special or consequential loss, damages, costs, expenses or other claims (whether caused by our negligence of that of our servants or agents or otherwise) which arise out of or in connection with the provision of the Specified Service or their use by you, and the entire liability of the Supplier under or in connection with the Contract shall not exceed the amount of our charges for the provision of the Specified Service, except as expressly provided in these conditions.
5.4 We shall not be liable to you or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of our obligations in relation to the Specified Service, if the delay or failure was due to any cause beyond our reasonable control.
6. Data protection
We promise never to pass on your details to any third party.
7. Termination
7.1 We shall be entitled to terminate the Contract at any time by giving not less than 14 days written notice to you.
7.2 Either party may (without limiting any other remedy) at any time terminate the Contract by giving written notice to the other if the other commits any breach of these conditions and (if capable of remedy) fails to remedy the breach within a reasonable time after being required by written notice to do so, or if the other goes into liquidation, or (in the case of an individual or firm) becomes bankrupt, makes a voluntary arrangement with his creditors or has a receiver or administrator appointed.
8. General
8.1 These conditions constitute the entire agreement between the parties, supersede any previous agreement or understanding and may not be varied except in writing between the parties. All other terms and conditions, express or implied by statute or otherwise, are excluded to the fullest extent permitted by law.
8.2 Any notice required or permitted to be given by either party shall be in writing addressed to the other party at its registered office or principal place of business or the address you give on your application form.
8.3 No failure or delay by either party in exercising any of its rights under the Contract shall be deemed to be a waiver of that right, and no waiver by either party of any breach of any Contract by the other shall be considered as a waiver by either party of any breach of the Contract by the other shall be considered as a waiver of any subsequent breach of the same or any other provision.
8.4 If any provision of these conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these conditions and the remainder of the provision in question shall not be affected.
8.5 Any dispute arising under or in connection with these conditions or the provision of the Specified Service shall be referred to arbitration by a single arbiter appointed by agreement or (in default) nominated on the application of either party by the President for the time being of the Society of Advocates in Aberdeen.
8.6 These conditions shall be deemed to have been made in Scotland and the construction validity and performance of them shall be governed in all respects by Scottish law.
