Birth.Expert terms of service

General Provisions
1. The service providing access to paid content for Users of the Service is provided by the Seller.
2. The provision of the Service on the Website is conducted under the terms and conditions specified in these Terms of Service ("Terms").
3. These Terms set out the general rules that form the legal basis for using the Service on the Website. By starting the process to use the Service, every User agrees to comply with these Terms.
4. Before using the Service, please read these Terms carefully. By using the Shop and the Website, the User confirms they have read, accepted, and agreed to comply with these Terms.
Definitions
1. Website: The website located at https://birth.expert, including its subdomains and other possible domains, comprising a range of electronic services and functionalities (catalog).
2. Catalog: A feature of the Website allowing, in particular, the searching, sorting, and displaying of Product descriptions.
3. Shop: The online store available at https://birth.expert.
4. Client: An individual, legal entity, or organizational unit placing an Order within the Shop and purchasing through the Shop. The Client includes Consumers (as defined under UK consumer law), Businesses, and Sole Traders with consumer rights.
5. User: A person using the Website and the Course Platform, including those accessing it with or without payment. Users must be adults with full legal capacity. Minors must obtain written consent from their parents or legal guardians and present it upon request by the Website Administration.
6. Seller: Ignisdev Ltd, CRN: 11184492, Office 127B, 182-184 High Street North, London, E6 2JA, United Kingdom.
7. Course Platform: The website at https://birth.expert used for storing and providing courses to registered Users.
8. Client Account: The Client's profile on the Course Platform, allowing access to purchased Products and order history.
9. Service: The service provided electronically via the Website, including access to the Catalog and paid or free presentation of Products (streaming video materials), offered under the terms of these Terms. Access to paid services may be time-limited depending on the product.
10. Newsletter: Electronic messages containing information about blog products, services, Seller’s products, recommended links, promotions, and other information deemed valuable by the Seller, sent to the community.
11. Product: A digital product or service that may also be available free of charge, as indicated in its presentation on the Website. Availability may be limited.
12. Digital Content: Products produced and delivered in electronic form.
13. Digital Service: A service allowing Consumers or Sole Traders with consumer rights to create, process, store, or access data, or to share data in digital form.
14. Order Form: A form for making purchases in the Shop.
15. Compatibility: The interaction of Digital Content, Digital Service, or goods with computer hardware or software typically used to use such content or services.
16. Functionality: The ability of Digital Content, Digital Service, or goods to perform their functions, considering their intended purpose.
17. Interoperability: The ability of Digital Content, Digital Service, or goods to work with hardware or software other than those usually used with content or services of the same kind.
Technical Requirements and Terms of Service
1. Interoperability: Access to and use of the Service is possible for Users on the following operating system platforms: MS Windows Vista, 8, 10, 11, MS Windows XP SP-3, MacOS X 10.4.8, or newer versions, on any computer meeting the requirements of these operating systems, and through internet connections with a bandwidth of at least 700 kbps, using the following browsers: Microsoft Internet Explorer 8.0 or later, Mozilla Firefox 20.X or later, Apple Safari 4.X (MacOS only) or later, Google Chrome 23.X (Windows only) or later, with cookies and JavaScript enabled.
2. Video materials available in the Products are in the English and Polish language available with subtitles or with translator voice.
3. The quality of video playback may depend on the technical parameters of the internet connection and the device used for playback.
4. For free Service access, Users may be shown advertisements (video or graphic) before, during, and after the video playback.
5. The Seller will exercise due diligence to ensure the Service works correctly as described on the Website at https://birth.expert. However, the Seller does not guarantee uninterrupted access to the Services.
6. Technical problems or limitations on the User's computer equipment (e.g., firewalls, outdated multimedia players, antivirus programs) may limit or prevent access to Services.
7. Due to the nature of the internet and computer equipment, the Seller does not guarantee uninterrupted and faultless access to the Website.
8. The Website may use cookies or similar technologies (e.g., local storage). The installation of cookies is necessary for the proper provision of Services. Cookies do not contain personally identifiable information.
9. Detailed information on privacy, cookies, and other technologies is available in separate privacy policies and service-specific terms.
Access to the Service, Products, and Updates
1. Use of the Website may be free or chargeable.
2. The cost of paid access to the Service (video streaming) is indicated for each Product.
3. The following Products are available on the Website:
  1. Relaxation recordings.
  2. Online courses and summits.
4. During the availability of Products, rotational changes in video materials or the number of materials (updates) may occur, ensuring that the nature of the materials remains consistent with the Product description.
5. Access to some Products may be free of charge temporarily or permanently, as described on the Website.
6. Single access allows playback of content on one device at a time.
7. The Website Administration reserves the right to modify Products and usage terms, ensuring that purchased Products function according to the terms at the time of the order.
8. Access to free Products requires only a system meeting the technical requirements.
9. Clients who purchase certain Products gain access to the Course Platform and become Users with an individual, free Client Account.
10. Users will be informed of their access to the Service/Course Platform and the transaction via email.
11. A Client Account is necessary to use the Course Platform.
12. An email address and internet access are required for maintaining the Client Account.
13. By providing a Client Account, the Seller enters into an agreement with the User for its maintenance and management.
14. The Seller is responsible for the proper and secure operation of the Course Platform.
15. The Seller may terminate the Client Account agreement with two weeks' notice or immediately if the User violates these Terms by using the Platform in a prohibited manner (e.g., hacking attempts, copying materials). This may result in permanent account suspension and legal action.
16. Users may delete their Client Account or request deletion via info@birth.expert but must be aware that this will prevent access to purchased Products.
Placing Orders
1. To place an Order, the Client should select a Product, register, login and click buy now button.
2. The Client completes the Order Form.
3. For business orders, the Client must provide company details, such as VAT number, country, company name and address.
4. Additional comments on the Order may be sent to Us.
5. Before finalizing the Order, the Client must accept these Terms and the Privacy Policy.
6. To finalize and pay for the Order, the Client clicks the pay button.
7. After payment, the Client receives confirmation via email, including confirmation of the agreement and consent to the loss of the right to withdraw from the contract.
8. For some Products, login details for the Client Account on the Course Platform will be sent after finalizing the Order.
9. Direct orders for foreign companies are not possible through the Shop. Contact info@birth.expert for these cases.
10. The Administrator cannot edit invoice details issued by the Client in the Shop.
11. Clients may receive Digital Content via Newsletter signup, as described in the Newsletter Terms.
Delivery of Products and Payments
1. Payments in the Shop are made via electronic transfer.
2. Payment operators include Stripe and PayPal.
3. The Seller will inform of additional payment methods via communication channels and the Shop page.
4. Products are sent within 24 hours to the email address provided in the purchase form after payment.
5. An invoice or receipt is issued for each Order.
6. The Website Administration reserves the right to change Product prices, conduct promotions, and introduce changes. Promotions and discounts do not combine. Changes do not affect previous purchases.
7. If the Seller does not deliver the Product, the Consumer or Sole Trader with consumer rights may demand delivery. If the Seller fails to deliver promptly, the Consumer may withdraw from the contract.
8. The Consumer or Sole Trader with consumer rights may withdraw from the contract without demanding delivery if:
  1. The Seller has stated or circumstances indicate that the Product will not be delivered.
  2. The parties agreed, or circumstances indicate that the delivery date was crucial, and the Product was not delivered on time.
Product Compliance with the Contract
1. A Product complies with the contract if, in particular, its:
  1. Description, type, quantity, quality, completeness, functionality, compatibility, interoperability, and availability of updates are as agreed.
  2. Suitability for the specific purpose for which the Consumer notified the Seller at the time of contract conclusion, which the Seller accepted.
2. The Product must also:
  1. Be suitable for the usual purposes for which such products are used, considering legal provisions, technical norms, or good practices.
  2. Match the typical features of Digital Content or Digital Service of the same kind, including functionality, compatibility, continuity, and security, considering the Seller's public declarations unless rectified before the contract was made.
  3. Be supplied with accessories and instructions the Consumer may reasonably expect.
  4. Conform to any trial or preview versions provided before the contract.
3. The Seller is not liable for non-compliance if the Consumer was informed and expressly accepted the deviation before the contract.
4. The provisions of this section also apply to Sole Traders with consumer rights.
Complaints
1. Every User has the right to lodge a complaint concerning the Website, Course Platform, purchase process, or Product.
2. Complaints should be submitted to the Customer Service Office at info@birth.expert or by post to Ignisdev Ltd, CRN: 11184492, Office 127B, 182-184 High Street North, London, E6 2JA, United Kingdom.
3. Complaints must include the Client's identification data, order number, and claims related to the complaint.
4. The Seller will handle complaints promptly, but no later than 14 days from receipt.
5. A response to the complaint will be sent to the contact provided during the complaint submission.
6. All Client rights concerning complaints are described in the Consumer Rights Act 2015 and other relevant UK legislation.
Right to Withdraw from the Contract
1. The provisions of this section apply to Clients who are Consumers or Sole Traders with consumer rights.
2. Clients have the right to withdraw from the contract within 14 days without providing any reason, except as otherwise stated in this section.
3. To exercise the right to withdraw, submit a declaration of withdrawal.
4. The declaration should be submitted to the Customer Service Office at info@birth.expert or by post to Ignisdev Ltd, CRN: 11184492, Office 127B, 182-184 High Street North, London, E6 2JA, United Kingdom.
5. The Seller must refund all payments without delay, no later than 14 days from receiving the withdrawal declaration.
6. The Seller refunds payments using the same method as the Client unless the Client agrees to a different method.
7. Clients may provide a bank account number for refunds. No fees apply to this refund.
8. The right to withdraw does not apply to contracts for:
  1. Services fully performed with the Client's express consent, with prior acknowledgment of the loss of the right to withdraw upon full performance.
  2. The supply of digital content not on a tangible medium (e.g., e-books) if performance began with the Client's express consent before the withdrawal period ended.
9. If the Client withdraws after requesting performance before the withdrawal period ends, they must pay for services provided proportionately.
10. In the event of withdrawal, the Seller may prevent further use of Products, particularly by disabling access or blocking the Client Account.
11. Withdrawal results in the contract being treated as if it was not concluded.
12. For some Products, the Seller may offer a "satisfaction guarantee," which means a more favorable withdrawal period, as described in the Product details or offer.
13. Clients may use the withdrawal form in Schedule 2 of the Consumer Contracts (Information, Cancellation, and Additional Charges) Regulations 2013.
Copyright and License
1. All content, electronic materials, Products, and services provided by the Seller on the Website are protected by copyright. They may not be shared, reproduced, or used for public or commercial purposes without written consent from the Seller.
2. By providing purchased materials within Products, the Seller grants a non-exclusive, indefinite license for personal use, including:
  1. Personal use, e.g., printing.
  2. Loading into computer memory.
Final Provisions
1. The law governing the legal relations arising from the use of the Services is the law of England and Wales.
2. If any provision of these Terms is found to be inconsistent with prevailing consumer protection laws, the Seller will apply the correct provision.
3. Any disputes between the Seller and a Consumer shall be subject to the courts of England and Wales.
4. Disputes between the Seller and a Client who is not a Consumer shall be subject to the jurisdiction of the Seller's registered office.
5. Consumers have access to alternative dispute resolution (ADR) methods. Consumers can:
  1. Apply to a certified ADR provider in the UK.
  2. Use the ODR platform at http://ec.europa.eu/consumers/odr.
6. The ODR platform serves to resolve disputes between consumers and traders aiming for out-of-court settlement.
Changes to the Terms
1. The Seller reserves the right to amend these Terms for significant reasons related to technical or substantive aspects of the Website’s operation, including changes in the law.
2. Purchased Products are governed by the Terms in force at the time of the purchase. Changes to the Terms will be communicated on the Website and during User login to the Course Platform.

These Terms are effective as of 13/09/2024.