TERMS & CONDITIONS
Terms and Conditions
By commissioning Newborninthecity™ Ltd to provide a consultation either verbally or through written instruction, you accept Newborninthecity™ Ltd terms and conditions as set out below.
In the event of any inconsistency between these conditions and the terms and/or conditions of an order placed by you these conditions shall prevail unless otherwise agreed in writing by the proprietor of Newborninthecity™ Ltd.
Delivery of Services
· Consultations by Newborninthecity™ Ltd will be provided or in your home / in a suitable environment, as a phone/skype consultation. Newborninthecity Ltd will work with women and their families who require help in managing all aspects of the new family dynamic.
How payment is to be made
· Payment will be invoiced at completion of first consultation.
· Fees are payable to Newborninthecity™ Ltd within seven (7) days of the date of the invoice or prior to second consultation.
· Newborninthecity Ltd require payment to be made by cash or bank transfer (account details will be provided at the initial consultation).
Cancellation of Appointments
· If you cancel an appointment with Newborninthecity™ Ltd within twenty four (24) hours of the appointment you will be liable for the full consultation fee.
· The full consultation fee will be charged for a revised appointment.
Limitation of liability
· The following provisions set out the entire financial liability of Newborninthecity™ Ltd (including any liability for the acts or omissions of its employees, agents and subcontractors) to you in respect of:-
o any breach of this agreement;
o any representation, statement or tortious act or omission, including negligence, arising under or in connection with this agreement
· (A) All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from this agreement.
· (B) Nothing in this agreement excludes or limits the liability of Newborninthecity Ltd for death or personal injury caused by Newborninthecity™ Ltd negligence, or for fraud or fraudulent misrepresentation.
· Subject to sub clauses (A) and (B) above:
o (C) Newborninthecity™ Ltd total liability for direct loss or damage in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance of or failure to perform this agreement shall be limited to the price paid under this agreement; and
o subject to clause (C) Newborninthecity Ltd shall not be liable to you for any pure economic loss, loss of profit, loss of business, depletion of goodwill or otherwise (in each case whether direct, indirect or consequential) or from any costs, expenses or other claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with this agreement.
· The parties will attempt in good faith to resolve any dispute or claim arising out of or relating to this agreement promptly through negotiations between them.
· If the matter is not resolved through negotiation, the parties will attempt in good faith to resolve the dispute or claim through an Alternative Dispute Resolution (ADR) procedure as recommended to the parties by the Centre for Dispute Resolution.
· If the matter has not been resolved by an ADR procedure within 60 days of the initiation of such procedure, or if either party will not participate in an ADR procedure, the dispute shall be referred to arbitration.
· Information communicated between Newborninthecity Ltd™ and you, whether written or verbal, shall be deemed as confidential.
· Information passed on to an Expert regarding your status you will be done with verbal consent from you.
· You will give consent for Newborninthecity™ Ltd to source the Expert and thereby will grant consent for Newborninthecity™ Ltd to disclose a reasonable amount of information to the Expert to conduct a sensible conversation to determine suitability of service.
Introduction of the Expert
· Experts will be sourced for you by Newborninthecity™ Ltd at your request.
· Newborninthecity Ltd endeavours to ensure but does not guarantee the suitability of any Expert introduced to you.
· The final decision to employ the Expert is your sole responsibility. You shall therefore satisfy yourself as to the suitability of the Expert and you shall take up any references provided by the Expert to you or Newborninthecity™ Ltd before employing the Expert.
· You have the sole responsibility for engaging the Expert.
Relationship with the Expert
· Newborninthecity™ Ltd does not accept any liability for any inconvenience, damage, loss or personal injury arising whether caused directly or indirectly from any act or omission of an Expert introduced to you by Newborninthecity Ltd
· Newborninthecity™ Ltd offers no warranty for an Expert’s character, honesty, reliability, suitability or capacity.
· Newborninthecity™ Ltd is not responsible for the basis on which an Expert supplies his/her services to you. These are to be arranged by you and the Expert, and are your responsibility.
· Newborninthecity™ Ltd accepts no liability for any disputes arising between the Expert and you.Disputes between you and the Expert are to be managed between you and the Expert.
All fees and expenses incurred by the Expert
· For all purposes, you are responsible for negotiating the rate of the Expert’s expenses. Newborninthecity™ Ltd will have no part in remunerating / determining payment for the Expert.
· All charges incurred by the Expert relating to the Expert’s service will be paid by you direct to the Expert. The service from Newborninthecity™ Ltd is only to introduce the Expert to you. You shall settle this directly with the Expert.