MIDIRS Terms and Conditions of Sale and Website Use
These terms and conditions describe the basis for your use of the Website(s) and the On-Line Service and all purchases by you of the products and services described on the Website(s). By registering on either or both of the Website(s), as applicable, you agree to be bound by these terms.
- In these terms and conditions, “we” and “us” The National Childbirth Trust, trading at ‘NCT’, ‘MIDIRS’ and the ‘Midwives Information and Resource Service’, whose registered office is at 30 Euston Square, London, NW1 2FB.
- “MIDIRS Forum” means the section of the Website(s) upon which viewers may post information, questions, materials or comments.
- “MIDIRS Shop” means the MIDIRS on-line shop through which you may place Orders for Products.
- “Midwifery Digest” means the quarterly MIDIRS Midwifery Digest made available to you upon Subscription.
- “Essentially MIDIRS” means MIDIRS monthly publication made available to you upon Subscription.
- “OLS Data” means the data made available to Subscribers via the On-Line Service.
- “On-Line Service” means the MIDIRS “On-Line Service” whereby you can access the online MIDIRS database resource.
- “Order” means an order for Subscription Services or other Products or Services made via the Website(s).
- “Products” means products that may be ordered via the Website(s) (but not via limited third party websites) from time to time other than the Midwifery Digest.
- “Services” means the services that may be ordered via the Website(s) from time to time other than the Subscription Services.
- “Subscription Services” means the On-Line Service, the provision of the Midwifery Digest, Essentially MIDIRS and such other subscription-based services as The National Childbirth Trust may make available from time to time.
- “Subscription” means the contractual relationship entered into between The National Childbirth Trust and you upon the acceptance by MIDIRS of an Order for the ongoing provision of the Subscription Services, and “Subscribers” shall be those persons who successfully complete the Subscription process.
- “Subscription Period” means the period of time selected by you for the provision of Subscription Services, commencing upon notification of acceptance by The National Childbirth Trust of your Order.
- “Website(s)” means the website(s) located at www.midirs.org and/or nct.org.uk.
2. Access and content
- 2.1 The National Childbirth Trust will endeavour to allow uninterrupted access to each of the Websites, but access may be suspended, restricted or terminated at any time.
- 2.2 We take care to ensure that prices quoted on the Website(s) are correct at the time of publishing and that all products have been fairly described. We try to ensure that pictures of the goods on the Website(s) are as accurate as possible, but there are technical limitations and slight variations between the pictures and the products themselves must be expected.
- 2.3 We are continually improving The National Childbirth Trust products and services, so specifications or design changes may be made at any time. We shall use reasonable commercial endeavours to keep the Website(s) up to date but information and specifications given are for your information only and are subject to change without notice.
3. Orders for Subscription Services
- 3.2 Upon registration you will be issued with a username and password in order to enable you to access the On-Line Service, and to place further Orders for Products or Services. Your username and password are personal to you and are not transferable under any circumstances.
- 3.3 Any unauthorised use of your username and password should be notified to The National Childbirth Trust immediately. You are responsible for maintaining the confidentiality of your username and password, and will be responsible for any activities that occur under your account including, without limitation, payment for any Subscription Services, or other Products or Services ordered through the Website(s) by anyone using your username and password.
- 3.4 We will confirm receipt of any Order placed by you for Subscription Services via an automatic screen confirmation of the Order. No contract will subsist between us until we have sent a confirmatory follow-up e-mail formally accepting your Order and your Subscription will commence upon that date on which we accept your Order and shall remain in force for the Subscription Period.
4. Contact details
- 4.1 Notices relating to your Subscription or use of the Website(s) shall be sent to the e-mail address you specify to us, and deliveries shall be made to the address indicated for delivery. It is important that you give us accurate and valid contact details and tell us of any changes to them as soon as possible.
- 5.1 When you register with The National Childbirth Trust you will be asked to provide your name, contact details and credit or debit card information. We may also collect information about your usage of the Website(s) and information about you from emails or letters you send to us. To maintain customer service standards and to assist staff training, we may record and monitor incoming calls.
- 5.2 Your information will be used to supply the Subscription Services and any other Products or Services contained in any Order you make and to contact you where necessary concerning your Orders. We may also use and analyse the information for the purposes of administering and improving our business. We might use your information to let you know by email about other products and services which we offer which may be of interest to you. You have the opportunity to decide whether or not receive marketing or other communications from us by ticking the consent box in the contact page or when placing an order, and we will give you the chance to refuse any marketing email from us in the future. If we intend to transfer your information outside the EEA (European Economic Area) we will always obtain your consent first.
- 5.3 We will collect, use or disclose your personal information if permitted by law or required to do so by law or where we believe such action is necessary in order to protect or defend us or other third parties against error, negligence, breach of contract, theft, fraud and other illegal or harmful activity, to comply with our audit and security requirements and to audit compliance with our corporate policies, procedures, legal and contractual obligations.
- 5.4 You are entitled to see the information held about you and you may ask us to make any necessary changes to ensure that it is accurate and kept up to date. If you wish to do this, please contact us by clicking here. We are entitled by law to charge you a fee of £10 to meet our costs in providing you with details of the information we hold about you.
- Cookies are small amounts of information which we may store on your computer. Our system will issue cookies to your computer when you log on to the Website(s). Cookies make it easier for you to log on to and use the site during future visits. They also allow us to monitor website traffic and to personalise the content of the site for you. You may set up your computer to reject cookies by following the relevant instructions which can be found at www.aboutcookies.org. In that case, you may be unable to use certain features on our site, including the basket facility.
7. Orders for Products and Services
- 7.1 Upon successful completion of the Subscription process, Orders can be placed for Products and Services using the username and password issued to you upon registration for your Subscription pursuant to clause 3. Descriptions of Products and Services, prices, currency, VAT, insurance and delivery costs are set out on the Website(s) and will be subject to variation and update from time to time.
- 7.2 We will confirm receipt of any Order placed by you for Products or Services via an automatic screen confirmation of the Order. No contract will subsist between us in respect of your Order until we have sent a confirmatory follow-up e-mail formally accepting your Order and confirming that it has been or will be despatched. Orders shall be accepted at our sole discretion.
- 7.3 All individual items ordered from the MIDIRS Shop are subject to availability. We will inform you as soon as possible if the product you have ordered is not available.
- 8.1 Prices may be varied during the term of any Subscription and we will notify you of any applicable changes at least 14 days prior to any amount being debited from your account.
- 8.2 Subscription fees stated relate to the Subscription Services expressly listed on the Order screen only, and do not include additional Products and Services ordered from time to time from the MIDIRS Shop or otherwise, unless expressly stated. Orders placed for additional Products and Services shall be subject to the prices stated on the Website(s) for those Products and Services at time of Order, and shall be invoiced as a separate Order.
- 9.1 All payments to The National Childbirth Trust will be payable strictly in advance.
- 9.2 Subscription fees shall be payable as follows, depending on the MIDIRS Subscription package you have selected on the Order screen:
- (a) Where full payment for your chosen Subscription Services is due in advance, the Subscription Fee and any associated charges shall be due on the date upon which you wish the applicable Subscription Services to commence. Where you choose to pay for Subscription Services by Direct Debit, we will release titles and/or usernames and passwords (as applicable) immediately upon Subscription and payment of the initial Direct Debit payment will be debited after the 14 day mandatory notice period.
- (b) Where payment for your chosen Subscription Services is payable annually, the payment for the year from the date of acceptance of your Order shall be made immediately and the subscription fee applicable to any subsequent year(s) and any associated charges shall be due 28 days prior to the end of the initial year and on each anniversary of that date during the Subscription Period.
- (c) Where payment for your chosen Subscription Services is payable on a quarterly basis, the payment for the initial quarter shall be payable immediately and the subscription fee applicable to the subsequent quarter period(s) and any associated charges shall be due 28 days prior to the commencement of the subsequent quarter period.
- 9.3 Save where expressly stated, all sums to be taken by Direct Debit or CAT (Continuous Credit Card Authorisation) will be debited on the date on which payment falls due. Any change in Direct Debit or CAT payments, whether for a new subscription rate or package, will be notified to you at least 14 days prior to the date of the debit.
- 9.4 If we have not received payment or are unable to debit your account or debit or credit card, as applicable, on the date upon which payment falls due, we shall be entitled to charge you interest at 2% above the base rate at the relevant time of National Westminster Bank plc. Such interest shall accrue daily and be compounded monthly. In addition, we may where applicable suspend your access to and use of either or both of the Websites and all Subscription Services, including your right to place further orders.
- 10.1 If you subscribe to the Midwifery Digest or Essentially MIDIRS at a calendar date which falls within two weeks of the next issue date, then you will receive the next issue as your first issue. If you subscribe at any time before this two week period, you will receive the previous issue. If you wish to receive any further back issues, or if you have any other preference then please state this upon registration for the Subscription Services.
- 10.2 Subsequent issues of the Midwifery Digest or Essentially MIDIRS will be despatched to you quarterly or monthly during the Subscription Period. NB: Essentially MIDIRS comprises 11 issues in a twelve month period (July/August issues combined).
- 10.3 Products Ordered (other than the Midwifery Digest) will be despatched within 30 days of you receiving confirmation by email of acceptance by us of your Order (unless otherwise stated). Delivery dates are given only for general guidance and we will not be held liable in any way for late delivery of Products.
- 10.4 Notices relating to your Subscription shall be sent to the contact details you specify to us, and deliveries shall be made to the address indicated for delivery. It is your responsibility to ensure that MIDIRS is notified of any change of circumstances, particularly address changes, which may affect the delivery of Products. We shall attempt to deliver all Products to the address you specify for delivery, or if none, to the credit or debit card address you supply. MIDIRS cannot be held responsible for any lost items if you fail to inform us of any changes to your details.
11. Ownership and risk
- 11.1 You will only own the Products once they have been successfully delivered and when we have received cleared payment for them in full. Until that time we will retain title to the Products. Products supplied are not for resale.
- 11.2 Risk in the Products ordered passes at the time of delivery, and MIDIRS will be responsible for any losses or damage to Products in transit.
12. Term and Cancellation
- 12.1 You have a right to cancel Orders for Products within 7 days of first subscribing, without reason, for a full refund. You shall further be entitled to cancel your Subscription or any Order for other Services upon 90 days notice to The National Childbirth Trust.
- 12.2 Notice to cancel must be given by you by e-mail to email@example.com. Monies will be refunded to your account within 14 days (minus the current quarterly payment).
- 12.3 Your Subscription shall continue for the Subscription Period and may not be terminated prior to the expiration of such period except as expressly stated in this Agreement.
- 12.4 At least 28 days before the expiration of the Subscription Period, we will contact you by email to remind you that your Subscription is ready for renewal, save to the extent that you have given prior indication that you do not wish to be contacted in this way.
13. Termination of Subscription
- 13.1 The National Childbirth Trust may suspend or terminate access to the On-Line Service and/or cease delivery of Subscription Services to you at any time in the event that any fee, charge or other payment due hereunder is unpaid for more than 14 days after becoming due or you commit a breach or default of any term herein and fail to remedy it promptly on receiving notice of it.
- 13.2 Either party may terminate any Subscription immediately by notice to the other in the event that the other party (a) passes a resolution for winding up (otherwise than for the purposes of a solvent amalgamation or reconstruction) or a court makes an order to that effect, is dissolved, becomes or is declared insolvent or convenes a meeting of or makes or proposes to make any arrangement or composition with its creditors or has a liquidator, receiver, administrator, administrative receiver, manager, trustee or similar officer appointed over any of its assets; or (b) ceases, or threatens to cease, to carry on business or (c) is in material breach of any of the terms of this agreement and, in the case of a breach capable of remedy, fails to remedy such breach within 14 working days of receipt of written notice giving full particulars of the breach, and of the steps required to remedy it.
- 13.3 In the event that your Subscription is terminated pursuant to this clause, your obligation to pay for the Subscription Services, Products or Services to be delivered during the remainder of the Subscription Period shall cease on the last day of the quarter in which termination occurs. Any advance payment that has been made in respect of subsequent Subscription Services, Products or Services shall be refunded within 14 days after deduction of the current quarterly payment. For the avoidance of doubt, this shall take effect without prejudice to the obligation to pay any outstanding sums in respect of Subscription Services or Products or Services received accruing up to the final day of the quarter of termination.
14. Additional Terms governing use of the On-Line Service
- 14.1 Access
- Access to the On-Line Service shall commence once we have received cleared payment of the Subscription fee or the first instalment thereof, as applicable, in accordance with the payment provisions set out in clause 9, save as expressly stated in clause 9.2(a).
- The username and password issued to you when you register on the Website(s) will enable you to access the On-Line Service for the duration of the Subscription Period, subject to the terms and conditions herein. Any unauthorised use of your username or password, including permitting a third party to use it to access the OLS Data, shall constitute a breach of your Subscription and shall entitle The National Childbirth Trust to terminate your Subscription immediately.
- The National Childbirth Trust reserves the right without notice to: (a) alter the arrangements for access to the On-Line Service; (b) change the content, presentation and/or facilities of the On-Line Service and/or (c) withdraw any OLS Data from the On-Line Service database.
- 14.2 Use of On-Line Service
- 14.3 You may use the On-Line Service in the following ways:
- (a) Search and view the OLS Data on screen.
- (b) Reproduce, quote and excerpt extracts of the OLS Data in your own research, teaching, and otherwise for personal use. Where references are cited, the user agrees to attribute the reference to the correct source.
- (c) Print extracts of the OLS Data for your own personal studies and for distribution to third parties where those third parties undertake not to distribute the same.
- (d) Bookmark or link to any part of the On-Line Service for your personal use.
- (e) Download extracts of the OLS Data to a storage device under your exclusive control and store the same in order to carry out the above functions.
- 14.4 Restrictions on use
- Except as expressly permitted herein or with The National Childbirth Trust consent, you may not:
- (a) re-use, reproduce, decompile, reverse engineer, disassemble, attempt to discern the source code of the On-Line Service or interfere with the OLS Data in any way;
- (b) create derivative works from the whole or any part of the OLS Data;
- (c) licence, or sell the data or use the OLS Data as a material part of a product licensed or sold;
- (d) store or use the OLS Data in any form of database intended for the storage and/or provision of access to know-how by third parties;
- (e) assign or otherwise dispose of your rights under your Subscription.
- Great care is taken to ensure the reference information delivered by way of the Midwifery Digest, the OLS Data and any other MIDIRS Products is both suitable and accurate, however The National Childbirth Trust makes no warranty as to the accuracy of any external materials incorporated in the Website(s), the Midwifery Digest or any Products. The Website(s) are provided for reference information only. The National Childbirth Trust does not monitor the MIDIRS Forum and is not responsible or liable for any information or content posted on the MIDIRS Forum or for any diagnosis made by a user based on the content of either or both of the Websites or any MIDIRS supplied Products or for any other losses resulting directly or indirectly from reliance on these.
- The National Childbirth Trust does not endorse any commercial product or service mentioned or advised on the Website(s) or in any MIDIRS or NCT publication.
- 16.1 We will take all reasonable care to keep your Order secure, but we cannot be held liable for any loss you may suffer if a third party obtains unauthorised access to any data (including credit card and account details) you provide when accessing or ordering from the Website(s).
- 16.2 The National Childbirth Trust takes all reasonable steps to ensure that the Website(s) are free from defects or viruses. However, we cannot guarantee that your use of the Website(s), the On-Line Service or any websites accessible through the Website(s) will not cause damage to your computer. It is your responsibility to ensure that appropriate equipment is available to use such Website(s) and to prevent access to anything that may damage it. The National Childbirth Trust shall not be liable to any person for any loss or damage to computer equipment as a result of using the Website(s).
- 16.3 We shall not be liable to you in connection with this Agreement in contract, tort (including negligence) or otherwise for any loss of profit, anticipated savings or data (in each case whether direct or indirect) or any indirect loss. Our aggregate liability to you in connection with this Agreement shall not exceed the value of your Subscription or the Products or Services ordered by you which are the subject of any claim.
- 16.4 Notwithstanding anything else in these terms and conditions, we accept unlimited liability in respect of death or personal injury caused by our negligence.
17. Matters outside our control
- We shall not be liable to you or in breach of this Agreement for delay or failure to perform if the delay or failure is due to a cause beyond our reasonable control.
18. Intellectual property
- 18.1 The copyright in the content and material contained in the Website(s), including the OLS Data, together with the Website(s)’ design, text and graphics and their selection and arrangement and all software compilations, underlying source code and software (including applets) belongs to The National Childbirth Trust or to its content and technology providers. All rights are reserved.
- 18.2 Users of the Website(s) shall be permitted to electronically copy and to print in hard copy portions of the Website(s) for the purpose of placing an Order with The National Childbirth Trust or using the Website(s) as a research or shopping resource, and Subscribers to the On-Line Service may use the On-Line Service as set out in these terms.
- 18.3 MIDIRS is a trade mark of the The National Childbirth Trust. Other product and company names mentioned on the Website(s) may be the trademarks or registered trademarks of their respective owners.
- We may place links on the Website(s) to other websites we think may be of interest to you. We do not review or vet these websites and have no control over their contents and as such, will not accept any liability in respect of the use of these websites.
20. Legal Notices
- There may be legal notices elsewhere on the Website(s) which relate to your use of the Website(s). All such notices shall, together with these terms and conditions, govern your use of the Website(s), unless the context requires otherwise.
- We reserve the right to change these terms and conditions from time to time, and you should read them each time you place an Order.
- 21.1 If we fail to enforce a right under these terms and conditions, that failure will not prevent us from enforcing other rights, or the same type of right on a later occasion.
- 21.2 If any provision of these terms and conditions is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and the validity and enforceability of the remaining provisions of these terms and conditions shall not be affected.
22. Statutory Rights
- These terms and conditions do not affect your statutory rights (if appropriate) as a consumer.
- 23.1 If you have a complaint, please e-mail us at: firstname.lastname@example.org or phone: +44 (0)117 370 6799.
24. Governing law
24.1 These terms and conditions shall be governed by and construed in accordance with English law.
- 24.2 Any disputes shall be subject to the exclusive jurisdiction of the English courts, to which both parties submit.