Terms and Conditions

You can find everything you need to know about us, To Baby and Beyond Limited, and our services,  courses and materials (“products”) on our website before you order.  You can also see the key information in your online account following booking and/or your booking confirmation email.

By booking with us, you are confirming your agreement to these terms and conditions.  Upon booking, these terms and conditions constitute a binding legal contract between you and us.

We don't give business customers all the same rights as consumers.  For example, business customers can't cancel their orders, they have different rights where there is a problem with a product and we don't compensate them in the same way for losses caused by us or our products. Where a term applies just to businesses or just to consumers, this is clearly stated. You are a business customer if you are buying products wholly or mainly for use in connection with your trade, business, craft or profession, even if you are an individual.

Placing orders and/or making a booking:

Confirmation of your order or booking.  Once we have accepted your order or booking, you will receive an email booking confirmation or a confirmation in your online account.  

Sometimes we reject orders or bookings.  Sometimes we decline applications and reject orders or bookings, for example, because a trainer is unexpectedly unavailable, or because the product was mispriced by us. When this happens, we let you know as soon as possible and refund any sums you have paid.

You must check that the product you are ordering is suitable for your needs. It is your responsibility to ensure that the product you are ordering is suitable for your requirements. We are happy to offer advice but we accept no liability in the event that the contents of the purchased product does not meet your requirements.  Our products are provided on an “as is” and on an “as available” basis.  We provide no warranties (express or implied) of fitness for a particular purpose.

Payment:

Prices for our products are as set out on our website.  Please refer to the relevant part of our website for up-to-date pricing and information.

Unless stated otherwise on our website during the ordering process, we charge you at the time of booking or ordering one of our products. For some products we take payment at regular intervals, as explained to you during the online ordering process. Certificates are not issued until all payments are made.

Payment can be made by credit or debit card or via bank transfer. Please note that we do not store your payment card details; we use a third party payment processor.

When purchasing a product:

·      for and on behalf of a group, it is your responsibility to pay us the total fee and, where relevant, recover amounts owed to you from the other group members;  

·      which is to be held in a venue that you will arrange or provide (for example, in your own home or place of business), you may reserve a date by completing and submitting a booking form and paying a non-refundable deposit of £100. The balance of the course fee will then be payable 2 weeks prior to the course start date (except that if the booking is made within 2 weeks of the course date, the full amount of the fee must be made at time of booking).

We charge interest on late payments. If we're unable to collect any payment you owe us we charge interest on the overdue amount at the rate of 4% a year above the Bank of England base rate from time to time. This interest accrues on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You pay us the interest together with any overdue amount.

We pass on increases in VAT.  If the rate of VAT changes between your order date and the date we supply the product, we adjust the rate of VAT that you pay, unless you have already paid in full before the change in the rate of VAT takes effect.

If you are a business customer you have no set-off rights.  If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).

What is included?

Where you book a course, the stated course fees include: all tuition and certification fees, where applicable, and liquid refreshments at scheduled break times.  Provision of course materials (handbook and/or resource files) are also included in the course fee, but: 

·      for online courses and distance-learning products, you shall only have a limited licence to access the course materials (for the duration as stated in the ordering process and as confirmed in your invoice) and then your access will be removed. All course materials and certifications are online only, unless you contact us and request to purchase hard copies; and 

·      for face to face courses and virtual face to face courses, you shall only have a valid right to keep them once you have paid for the course in full. 

Certificates of completion of a course will not be issued until full payment has been received (including where you are paying for your product in instalments).

All other costs, such as travel and accommodation costs (where needed), shall be borne and payable by you.

We cannot be held responsible for your travel or accommodation costs. Please do not incur these costs until you have received your confirmation email that the course is going ahead (or, alternatively, ring the To Baby and Beyond office on 01273 702496 to confirm that a course is going ahead).  Please note that the confirmation email is not the same as the email which you will receive acknowledging your booking.

If you are a CONSUMER and you bought a product online or over the telephone, you have a legal right to change your mind:

Your legal right to change your mind. For most of our products bought online, you have a legal right to change your mind about your purchase and receive a refund of what you paid for it, including the delivery costs (if any). This is subject to some conditions, as set out below.

When you can’t change your mind. You can’t change your mind about an order for: 

·      digital products, after you have accessed these, started to download or stream them; or

·      services, once these have been completed.  If you change your mind once the services have started, we don’t refund you for the time you were receiving them before you told us you’d changed your mind; or

·      services, where these relate to leisure activities with a specific date or period for performance (for example, face to face courses or virtual face to face courses for a specific date).  In these circumstances, we would have set aside a place for you, which if the contract were cancelled, we would find difficult to fill; as a result, you do not have a legal right to change your mind.

[For the avoidance of doubt, you do not have a legal right to change your mind if you bought a product online or over the telephone and you are a business customer.  You are a business customer if you are buying products wholly or mainly for use in connection with your trade, business, craft or profession, even if you are an individual.  If you are a business customer and you would like to know about our refund policy, please refer to the section below entitled “You can request a change to your booking in the following limited circumstances:”]

The deadline for changing your mind. If you change your mind about a product you must let us know no later than 14 days after:

·      the day we confirm we have accepted your order, if it is for a service, for example the provision of a face to face course which you purchased online.

·      the day we confirm we have accepted your order, if it is for digital content for download or streaming (for example, access to an online course which you purchased online), although you can’t change your mind about digital content once we have started providing it / you have accessed it. 

How to let us know. To let us know you want to change your mind, contact our Customer Service Team by telephone on 01273 702496 or by email to info@tobabyandbeyond.com . 

When and how we refund you. We refund you as soon as possible and within 14 days of you telling us you’ve changed your mind. We refund you by the method you used for payment. We don’t charge a fee for the refund.

You can request a change to your booking in the following limited circumstances:

In some circumstances, consumers may benefit from a legal right to change their mind.  See the section above entitled “If you are a CONSUMER and you bought a product online or over the telephone, you have a legal right to change your mind:” for more information on this.

For all other customers, we do not offer refunds or an option to change your mind about a product you have booked or ordered from us, except that: 

·      For face to face courses or virtual face to face courses, you have the right to cancel at any time provided that you give us at least 1 calendar months’ notice before the date of the course.  If you provide us less than 1 calendar months’ notice, we are unable to transfer you to another course, or to offer any refunds. As you can appreciate, this could otherwise result in us having to run a course with insufficient numbers. However, we may be prepared to offer you a discount on the next available course, taking into account the lessons already taken by you.  We would recommend that, in these circumstances, you contact us as soon as you can so we can discuss this further with you.

We do not offer discounts or refunds if you do not use, attend or finish a purchased product:

We cannot offer you refunds or discounts if, through no act of our doing, you fail to use, attend or finish a purchased product.  In these circumstances, you are still liable to pay us the full price for the product.  

When purchasing a product for distance-learning or an online course, you understand that:

We license use of the product to you on the basis of these Terms.  We do not sell the product (or related materials) to you. We always remain the owners of the product (and related materials).

In consideration of you agreeing to abide by these Terms, we hereby grant to you a non-exclusive, non-transferable licence to use the products on the basis of these Terms until the end of the access period as stated in the ordering process and as confirmed in your invoice.

You may access and use the product for your own personal purposes only.  

Except as expressly set out in these Terms or as permitted by any local law, you undertake:

·      not to copy the product (or the related materials), except where such copying is incidental to normal use of digital content;

·      not to rent, lease, sub-license, loan, translate, merge, adapt, vary, alter or modify, the whole or any part of the product (or related materials) nor permit the same or any part of the same to be combined with, or become incorporated in, any other material, program or content;

·      not to disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the product; and

·      not to provide, or otherwise make available, the product in any form, in whole or in part to any person without prior written consent from us.

You acknowledge that product has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure it meets your requirements.

It is your responsibility to ensure that content is compatible with your systems. We are not liable or responsible for any technical issues which may arise as a result of your failure to ensure compatibility as above. Due to its inherent nature you acknowledge that we are not liable or responsible for any delay, disruption or disturbance in the operation of the internet. Similarly you acknowledge that 24 hour access to our online content may be interrupted due to telecommunications failures which are beyond our control. 

When purchasing a product which is to be held in a venue that you will arrange or provide (for example in your own home or place of business):

You are responsible for ensuring that the venue is safe and suitable. We require space for all students to sit comfortably during the course and enough floor space for 2 people to lie down at the same time.

You must ensure that there is available parking for our trainers to attend the venue.  If the parking is not free, then the cost of parking for the day(s) of the course shall be paid for by you on the day in question.  No other expenses will be chargeable unless we agree these with you in advance. 

When receiving services from us, you must comply with our policies and reasonable instructions:

All students are required to observe and abide by all policies regarding health and safety, security, student conduct and any other policies or reasonable instructions notified by us to you.  For the avoidance of doubt, we will not tolerate disrespectful, abusive or aggressive language or behaviour whether it is directed at our trainers or any other student attending our courses. If we feel (acting reasonably) that you are being disrespectful, abusive or aggressive, then we may require you to leave the course (without incurring any liability to you for doing so).

You can let us know if you do not want your photograph or video taken during our courses:  

If you attend one of our courses, we may take photographs and/or videos of you for use by us for general marketing purposes.  This means that we might use your image or recording on our website, on social media or on other marketing collateral (such as in our course materials, books, newspapers and/or magazine articles).  It is important that you let us know at the time of booking if you if you do not wish to be photographed or videoed in this way.  By agreeing to these terms you are granting us the right to use any photographs and/or videos and any reproductions or adaptations of the photographs and/or videos for our general marketing purposes, without further reference to you. 

You have rights if there is something wrong with your product:

Your rights and remedies if you are a consumer. We honour our legal duty to provide you with products that are as described to you on our website and that meet all the requirements imposed by law. Your legal rights are summarised below. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.citizensadvice.org.uk. Remember too that You have several options for resolving disputes with us.

Your rights if you are a business. We warrant that, subject to payment in accordance with these terms, we shall perform the services with all reasonable skill and care and in accordance with all applicable laws.

Your remedies if you are a business. Unless an exception applies (see Exceptions to business customers' warranty) if you give us notice in writing within a reasonable time of discovery that a product does not comply with the business customer warranty (see Your rights if you are a business), we shall, at our option, replace or re-perform the affected product, or refund the price of the affected product in full and this will be your only remedy for breach of the warranty. These terms shall apply to any re-performed or replaced products supplied by us.

Exceptions to business customers' warranty. We will not be liable for a product's failure to comply with the business customer warranty (see Your rights if you are a business) if: 

·      you make any further use of such product after telling us it is non-compliant;

·      the defect arises because you failed to follow our oral or written instructions as to the use of the product or (if there are none) good trade practice;

·      the defect arises because we followed a brief or instructions supplied by you;

·      you alter the product without our written consent; or

·      the defect arises because of fair wear and tear, wilful damage, negligence, or abnormal working conditions.

Please note: The contents of our products have been carefully researched and we believe that they are up-to-date in all material respects. However, we do not warrant to you that all of the most recent developments will be reflected in their contents.  

We can cancel products, change our product offering and change these terms:

Changes we can always make. We can always change a product (and suspend supply for a short reasonable amount of time if necessary while we do so) in order to:

·      reflect changes in relevant laws and regulatory requirements;

·      if it’s a face to face course, the course venue (provided that it is still within the same town or city) or trainers; and

·      update digital content, provided that the digital content always matches the description of it that we provided to you before you bought it. 

We can cancel or withdraw products. We can stop providing or withdraw a product, such as a service or a course. For example, courses occasionally must be cancelled because we’ve had too few bookings. We do all that we can to avoid this, but it’s not possible to run a course if the minimum numbers have not been met. You will be informed as soon as possible if a product is withdrawn and, in any event, we will let you know at 24 hours in advance.  You will be offered an alternative date and you have 7 days from the date of being offered the alternative date to notify us that you do not accept the alternative offered.  If we do not hear from you or you notify us too late, then it will be deemed that you have accepted the alternative option and enrolled accordingly.  If you notify us that you do not accept the alternative offered to within the 7 day period, and no other date can be agreed, then we will refund any sums you've paid in advance for products which won't be provided.  Please note that we cannot be held responsible for your travel or accommodation costs, so please do not incur these costs until you have received your confirmation email that the course is going ahead.

We can end our contract with you:

We can end our contract with you for a product and claim any compensation due to us if:

·      you don't make any payment to us when it's due and you still don't make payment within 14 days of our reminding you that payment is due; and

·      you don't, within a reasonable time of us asking for it, provide us with information, cooperation or access that we need to provide the product, for example, for face to face courses, details of location and access.

We're not responsible for delays outside our control: 

If our supply of your product is delayed by an event outside our control, such as extreme weather conditions, strikes or union action, problems with utilities and internet connection, we will contact you as soon as possible to let you know and do what we can to reduce the delay. As long as we do this, we won't compensate you for the delay, but if the delay is likely to be substantial you can contact our Customer Service Team by telephone on 01273 702496 or by email to info@tobabyandbeyond.com to end the contract and receive a refund for any products you have paid for in advance, but not received. 

We don't compensate you for all losses caused by us or our products:

Our liability to consumers. We're responsible for losses you suffer caused by us breaking this contract unless the loss is:

·      Unexpected. It was not obvious that it would happen and nothing you said to us before we accepted your order meant we should have expected it (so, in the law, the loss was unforeseeable).

·      Caused by a delaying event outside our control. As long as we have taken the steps set out in the section We're not responsible for delays outside our control. 

·      Avoidable. Something you could have avoided by taking reasonable action. For example, damage to your own digital content or device, which was caused by digital content we supplied and which you could have avoided by following our advice or having the minimum system requirements advised by us.

·      A business loss. Our liability for any loss you suffer in connection with your trade, business, craft or profession is limited, as described in Your rights if you are a business.

Our liability to businesses. If you're a business, then, except in respect of the losses described in Losses we never limit or exclude: 

·      we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and

·      our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to 100% of the total sums paid by you for products under that contract.

Losses we never limit or exclude. Nothing in these terms shall limit or exclude our liability for:

·      death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);

·      fraud or fraudulent misrepresentation;

·      breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or

·      any matter in respect of which it would be unlawful for us to exclude or restrict liability.

We use your personal data as set out in our Privacy Notice:

How we use any personal data you give us is set out in our Privacy Notice

We may occasionally run sales or promotions or offer discounted prices:

We may occasionally offer sale or discounted prices or promotion codes either via our website, email newsletter or on social media. All products included will have been offered at full price for 30 days or more prior to the sale, promotion or discount.

Sale/offer prices are only applicable for those products ordered/booked and paid for during the offer/sale period. Products ordered/booked but not paid for within the sale time will revert to full price.

If you ordered or booked a product 7 days prior to the sale or offer period starting, we may be prepared to discount the price of your product to match the sale price on request from you.  Any products ordered or booked prior to that 7 day period remain at the price advertised originally.

Sale and offer prices are not to be used in conjunction with any other offer or discount.

You have several options for resolving disputes with us:

Our complaints policy. We will do their best to resolve any problems you have with us or our products.  If you have a complaint please contact us either by telephone on 01273 702496 or by email to info@tobabyandbeyond.com.

Resolving disputes without going to court (consumers only). Alternative dispute resolution is an optional process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. You can submit a complaint to The Centre for Effective Dispute Resolution (CEDR) through their website at https://www.cedr.com/.  CEDR does not charge you for making a complaint.  If you're not satisfied with the outcome you can still go to court. 

You can go to court. These terms are governed by English law. If you are a consumer then, wherever you live, you can bring claims against us in the English courts and if you live in Wales, Scotland or Northern Ireland, you can also bring claims against us in the courts of the country you live in. If you are a consumer we can claim against you in the courts of the country you live in. If you are a business you irrevocably agree to submit all disputes arising out of or in connection with our contract with you to the exclusive jurisdiction of the English courts.

Other important terms apply to our contract:

All intellectual property rights in our products (and their related materials) vest with us. The contents of our materials, including copyright and all other intellectual property rights in them, remain our property and you may not reproduce any part of the product materials without our prior written consent.

We can transfer our contract with you, so that a different organisation is responsible for supplying your product. We'll tell you in writing if this happens and if you are a consumer we'll ensure that the transfer won't affect your rights under the contract.

You can only transfer your contract with us to someone else if we agree to this. If you're a consumer we may not agree if, for example, you have purchased an online course and you have already accessed it. If you're a business you need our agreement to transfer your contract with us and it's entirely up to us whether we give it.

Nobody else has any rights under this contract. This contract is between you and us. Nobody else can enforce it and neither of us will need to ask anybody else to sign-off on ending or changing it.

If a court invalidates some of this contract, the rest of it will still apply. If a court or other authority decides that some of these terms are unlawful, the rest will continue to apply.

Even if we delay in enforcing this contract, we can still enforce it later. We might not immediately chase you for not doing something (like paying) or for doing something you're not allowed to, but that doesn’t mean we can't do it later.

If you are a business customer this is our entire agreement with you.  If you are a business customer these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by us or on our behalf which is not set out in these terms and that you have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these terms.