terms & conditions

Article 1 Definitions

The Birth Coach, established in Palma de Mallorca, CIF X3658658W, is referred to in these general terms and conditions as service provider.
The other party is referred to in these general terms and conditions as thecostumer.
The agreement shall be referred to as the assignment agreement pursuant to which service provider performs work for the costumer against payment and under which the general terms and conditions have been declared applicable.

Article 2 Rates and payments

The agreement is entered into for a definite period, unless the nature of the agreement dictates otherwise or if the parties expressly agree otherwise in writing.
Acceptance of the offer creates the obligation to pay, even if not the entire course or course is completed.
The rates agreed upon when entering into the agreement are based on the price level applied at that time. Service Provider has the right to adjust the fees at any time when changed circumstances require it. Adjusted fees shall be communicated to the customer as soon as possible.
Invoices must be paid within 15working days of the invoice date, unless the parties have made other arrangements in writing, or the invoice states a different payment term.
If the customer fails to pay an invoice on time, he shall be in default by operation of law and shall owe statutory interest. The interest on the amount due will be calculated from the moment the customer is in default until the moment of payment of the full amount due.
If the customer is in default or omission in the fulfillment of his obligations, all reasonable costs to obtain satisfaction out of court shall be borne by the customer.

Article 3 Execution of the Agreement

Service Provider performs assignment to the best of its knowledge and ability. It is not liable for not achieving the result the customer intended.
Because some services of service provider are provided online, it cannot guarantee that its services are available at any time at any location.

Article 4 Modification of the agreement

A loose consultancy session can be rescheduled free of charge up to 24 hours before the start; if rescheduled or cancelled within 24 hours, or absent, the session will be cancelled and charged as such.
It is not possible to exchange and/or return purchased digital products, including an online course. By ordering and paying for the digital products, customer gains access to his purchase. Customer expressly agrees that she thereby waives the right to use reflection time and the right to revoke the agreement. Except for losing the pregnancy, a full refund will be done by The Birth Coach.

Article 5 Online course

If the offer is accepted and the course is purchased online, an immediate payment obligation arises for the customer.
Customer receives access to the course after purchase. The course is thus excluded from the right of withdrawal, which means that the customer does not have the opportunity to cancel the purchase with a refund. Except for losing the pregnancy during the course, a full refund will be done by The Birth Coach.
Customer will receive access to the content only after payment of the agreed amount.
Service Provider shall be entitled to adjust the fees in the event of the re-run of a course. It shall also be entitled to adjust the price in the run-up to a course for promotional purposes.
Service Provider shall perform the Agreement to the best of its knowledge and ability. However, it is not responsible for not achieving the result the customer intended with the purchase. Customer remains at all times responsible for applying or performing knowledge or actions as acquired during a course.
Due to the use of a third-party platform to deliver the course, Service Provider cannot guarantee that the course will be available at any time and location.
Service Provider reserves the right to refuse participation at any time.
Service provider is entitled to expand, limit or modify the content of a course.
Customer acquires a limited and personal right to use the course content for personal purposes. The course is intended to inspire, not copy. Customer may share portions of the content on social media to a limited extent when such material is provided with service provider name attribution.
Content provided during the course will remain the property of service provider. It will timely indicate until when the content is available. It is the customer’s own responsibility to review the material in a timely manner and where given the opportunity to store it.
While participating in a course, participants may communicate among themselves, for example in the WhatsApp group. The customer declares not to send spam or otherwise unwanted communications. Acting in violation of these conditions may result in immediate denial of access and use of the services of service provider.
Service provider is free at any time to remove communications or other parts of the shared information without further notice, if the content of these communications and information justifies their removal.
Service provider reserves the right to exclude participants whose behavior impedes or complicates the course from further participation and, if necessary, from future participation. Exclusion does not affect the obligation to pay the costs for the relevant content.

Article 6 Force majeure

In the event of force majeure, the parties shall be entitled to suspend or reschedule the agreement. Force majeure shall be deemed to exist, inter alia, if the performance of the agreement is prevented, temporarily or otherwise, by circumstances beyond the reasonable control of the parties, such as illness, accidents,pregnancy loss,fire or government measures.
If a situation as described in the first paragraph of this article occurs, or other circumstances occur as a result of which the agreement cannot be continued temporarily, the obligations shall be suspended for as long as the parties are unable to fulfill their obligations. The parties shall jointly seek a solution in such a situation. If this situation continues without a suitable solution, both parties have the right to dissolve the agreement in writing without undoing it. The costs and hours worked up to that point shall become immediately due and payable.

Article 7 Liability for damages

Service Provider shall not be liable forany medical decisions taken by the Customer.
Service Provider shall not be liablefor any pregnancy or birth outcomes.
The client remains at all times responsible for the application or execution of knowledge or actions gained during a program, workshop or online course.
The Customer takes full responsibility over where and with who they give birth.
Customer indemnifies service provider against all third party claims related to the services and products provided by it.
Service provider will help inform you but is not a medical care provider and medical decisions taken by the Customer is her own decision and responsibility.

Article 8 Intellectual property

The intellectual property rights on the materials and advice made available by service provider to customer are vested in service provider. Customer is expressly not allowed to reproduce, disclose or make available to third parties the materials and documentation provided without prior permission.
Any action in violation of the provisions of this article shall be considered copyright infringement.
In case of infringement the service provider shall be entitled to compensation equal to at least three times the license fee usually charged by it for such form of use, without losing any right to compensation for other damage suffered.
If visual recordings are made during a workshop by the client, this must be made known to the service provider at all times and it is explicitly forbidden to use these recordings for purposes other than personal use. Where other participants appear on this footage, permission from them is also required.

Article 9 Special Provisions

Both parties are bound to keep confidential all confidential information obtained in the context of their agreement.

Article 10 Complaints

Customer is obliged to communicate complaints about offers, invoices and/or the delivered services and products to service provider in writing and motivated as soon as possible.
Lodging a complaint does not suspend the payment obligation.

Article 11 Settlement of disputes

These general terms and conditions are governed bySpanishlaw.
Parties will only appeal to court after they have made every effort to settle a dispute by mutual agreement.
All disputes shall be settled by the competent court in the district where the service provider is established, unless a legal obligation specifies otherwise.
Contrary to the legal limitation periods, the limitation period of all claims and defenses against service provider and third parties involved is 12 months.