Terms of Business for the bump room online community
February 2022
1. Interpretation
In these conditions of sale:
The “Agreement” means the agreement which is formed when we accept an order from you, as provided in Clause 7 below.
“Customer” or “you” means the person who purchases the services via the https://thebumproom.ie website.
“Registration data” means your name and email address
“Services” means the services described in Clause 5 of these terms.
“Supplier”, “we” or “us” means Ailish Cleary, Caitriona Quinn and Fiona Healy trading as The Bump Room registered in Ireland no.487494, whose registered office is at 36 Clonaslee, Nenagh, County Tipperary.
“These terms” means the terms of business set out in this document “Website” means https://thebumproom.ie
2. Acceptance of terms
The terms and conditions of use of this agreement sets out legally binding terms for the website. Whether you are a visitor (simply browsing) or a member (you register to use the services) you agree to be bound by this agreement.
If we modify this agreement at any time, you will be notified and you will be bound by any mediation when you use the website after mediation is posted.
3. Registration
If you wish to become a member and make use of the service, you must agree to the terms of this agreement during the registration process.
You must be 18 years old and provide true accurate current and complete information on your registration form (the “registration data”).
Where such registration data is not true and accurate, we reserve the right to terminate your account and refuse all current and future access to the service.
4. Health disclaimer
4.1 Medical registration form must be completed prior to attending any virtual group sessions. If medical conditions arise during any sessions please advise the instructor/the bump room Ltd immediately.
All physical exercise may pose a risk of injury or physical or mental exhaustion.
In particular, during pregnancy and the post natal period, it is important that you are aware that it is your sole responsibility to decide to participate in these exercise classes, although we would strongly recommend that you discuss with your healthcare provider before commencing.
Please use good judgement and common sense when taking the class, consider your level and ability. Choose the appropriate level of the exercises and rest when you need to. It is your sole responsibility to ensure that you are physically fit and able to engage with the services. Listen to your own body during the exercises performed.
All of the exercises, poses, moves and instructions are not required to be performed by you and if so performed, they are done so at your own election. You are responsible for you and your baby’s health and you must not exceed your own limitations in the practice of physical exercise.
Please ensure you are in a clear space with no obvious hazards, with ventilation, appropriate lighting and access to water.
4.2 High Risk conditions
Should you have any of the following high risk conditions we strongly recommend that you do not use these services.
If you choose to ignore our recommendation, it is at your sole risk exclusively.
The high risk conditions are:-
- Cervical weakness/Incompetent cervix
- Persistent bleeding in the second and third trimesters
- Preterm labour (previous/present)
- Placenta previa after 26 weeks
- Pre-eclampsia or pregnancy-induced hypertension
- Intrauterine growth restriction
- Premature labour, rupture of membranes
- Multiple gestation (eg: triplets or a higher number)
- Poorly controlled diabetes mellitus
- Other serious cardiovascular, respiratory or systemic disorder
- Moderate risk conditions
Should you have any of the following moderate risk conditions we strongly recommend that you seek advice and guidance from your health care provider.
If you choose to ignore your healthcare providers recommendation, it is at your sole risk exclusively.
The moderate risk conditions are:
- History of spontaneous miscarriage, premature labour and fetal growth restriction
- Mild/moderate cardiovascular disease or chronic respiratory disease
- Pregnancy induced hypertension (high blood pressure)
- Poorly controlled type 1 diabetes
- Poorly controlled seizure disorder
- Symptomatic anemia
- Twin pregnancy after the 28th week
- Extreme morbid obesity
- Extreme underweight (BMI less than 12)
- History of extremely sedentary lifestyle
- Intrauterine growth restriction in current pregnancy
- Orthopaedic limitations
- Severe pelvic girdle pain
- Poorly controlled hyperthyroidism
- Heavy smoker
4.4 Warning signs
If you experience any of the following warning signs before or during the course of the services, we recommend that you stop all form of exercise and consult with your own healthcare provider.
The list of warning signs are as follows:-
• Vaginal bleeding
• Amniotic fluid leakage
• Severe abdominal or back pain
• Regular and painful contractions
• Shortness of breath before exertion
• Dizziness or blurred vision
• Chest pain
• Muscle weakness affecting balance
• Calf pain or swelling
• Decrease or sharp increase in baby movements
• Changes in vision
• Frequent painful headaches
• Excessive fatigue
• Severe or sudden swelling of hands, eyes, face or feet
• All over itching late in pregnancy
• Vomiting or diarrhoea
• Pain or burning with urinating
• Fever or chills
• An accident, fall, or blow to the belly
4.5 Twin pregnancies
Twin pregnancies are more demanding on the body. The classes are suitable, however extra precaution is required in monitoring fatigue levels and we strongly recommending reducing to ‘Finding Relief’ classes after 28 weeks.
4.6 You agree, that by using the services provided, you are physically capable and you are responsible solely for your own health in doing so.
4.7 We strongly recommend that you do not use these exercise classes where you have any of the high risk conditions outlined above and if any of the warning signs arise before or during the services, we recommend that you stop using the services and consult with your own healthcare provider whether to continue using the exercise classes or not.
4.8 Supervisory capacity is limited on an online platform and therefore we are not responsible for any injuries that you may suffer as a result of the exercise programme.
5. The Services, Packages and terms of service
- The Bump Room Ltd provides an online service to its customers where they will have access to a series of live and pre-recorded pregnancy and postnatal exercise classes streamed over the internet.
- The content of the pre-recorded classes has been created to support the live classes and is progressed safely. It is strongly recommended that the pre-recorded content is completed alongside the live content.
- Live content is timetabled in advance. https://thebumproom.ie reserves the right to cancel/postpone timetabled content due to unforeseen events and/or circumstances.
- Monthly subscriptions: This is a subscription service. There is a 7 day free trial with all subscriptions so first payment is processed 7 days after the initial subscription. Your subscription will automatically renew each month without notice until you cancel. You authorise us to store your payment method(s) and to automatically charge your payment method(s) every month until you cancel. We will automatically charge you the then-current rate for your plan, plus applicable taxes (such as VAT or GST if the rate does not include it), every month upon renewal until you cancel.
- 6 month/annual membership: This is a fixed fee service. Your payment gives you access for 6 months/one year and access will cease automatically at the end of that time period.
- If your primary payment method fails, you authorise us to charge any other payment method in your account. If you have not provided us a backup payment method(s) and you fail to provide payment or if all payment methods in your account fail, we may suspend your subscription. You can edit your payment information any time in your Account page.
- We may change your plan’s rate each monthly renewal term and we will notify you of any rate change with the option to cancel. If the applicable VAT or GST rate (or other included tax or duty) changes during your one-month term, we will accordingly adjust the tax-inclusive price for your plan on your next billing date.
- The customer will receive immediate access to all the videos.
- Availability and quality of the streamed classes may vary from computer to computer and may be affected by available bandwidth and speed of internet connection. We give no warranties about the quality of your watching experience. You are responsible for all internet access charges.
- Access may be impacted if you do have an updated browser and/or operating system. If access is delayed in these circumstances it is the responsibility of the customer and no warranties/refunds are offered.
- We reserve the right to make changes from time to time and without notice to the way in which we operate the service.
6. Terms of Sale
The advertising of Services on this website does not constitute an offer to sell them as described, or to sell any services at all. By clicking to place an order, you are making an offer to buy which incorporates these terms. If we elect to accept your offer, you will receive an order confirmation. We reserve the right to decline any order, without giving a reason.
7. Orders
Orders are only binding when the order confirmation is received. You should check the order confirmation and notify the Supplier of any mistake by email or telephone immediately; otherwise the details stated in the order confirmation
will apply to the Agreement.
8. Availability
If you order services and we accept the order, we reserve the right to notify you that the Services are no longer available at any time up to providing them.
9. VAT
Unless they are expressly quoted as not including VAT, all prices are inclusive of value added tax and other government taxes or duties where applicable.
10. Payment
Payment is collected from your credit/debit card at the same time that your order confirmation is sent, and before the Services are supplied.
11. Refunds
Online programs- you understand and agree, due to the digital nature of the product refunds are not available for any purchase. You can however cancel your subscription access to the programme at anytime.
12. Your right to cancel
- Once your registration is completed and you receive confirmation of your order, you will be given access to the services. You can cancel your subscription any time via your account page or by contacting The Bump Room Ltd. For monthly subscriptions if you cancel within 7 days of your initial order, you’ll be fully refunded. Should you cancel after 7 days, your payment is non-refundable and your service will continue until the end of that month’s billing period. If you cancel and you decide to re-join you will need to re-purchase your subscription at the current market price.
- For six month/annual prepaid orders you can cancel your subscription any time. If you cancel within 7 days of your initial order, you’ll be fully refunded. Should you cancel after 7 days, your payment is non-refundable and your service will continue until the end of your contracted term.
13. Prices Quoted
Unless otherwise stated, prices quoted are only valid during your browser session.
14. Intellectual Property Rights
- All intellectual property rights in the content of this site belong to The Bump Room. No content should be modified, performed, published, transferred to anyone else nor used for any commercial purpose. Except to the extent permitted by applicable law, you must not disassemble, de-compile, reverse engineer or otherwise break or attempt to break encryption protecting content downloaded from this site.
- You grant to us a world-wide, royalty-free, irrevocable, non-exclusive licence (including the right to sublicense) to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any content (in whole or part) you upload, post or email and/or to incorporate such content in other works in any form, media or technology now known or developed.
15. Queries and Complaints
Notification of queries and/or complaints must be notified to us in writing within 14 days of the problem arising, or 14 days of completion of the Services, whichever is the earlier. To contact us please email hello@thebumproom.ie
16. Warranties
We warrant that the services will be provided with due skill, care and diligence, and that any materials used will be sound and reasonably fit for the purpose for which they are required.
17. Remedy
If we are in breach of the warranties given by us under Clause 16, our liability shall be limited to:
17.1 correcting the problem at our expense; or
17.2 at our option, reimbursement of the price.
18. No Other Liability
We will have no further liability to you other than as described in Clause 17, whether under these terms of sale or on any other basis including liability in tort as a result of the sale of the Goods.
19. Consequential Loss Etc.
Subject to Clause 18, we will not under any circumstances be liable to the Customer by reason of any representation or warranty, condition or other term or any duty of common law, or under the express terms of these terms, for any consequential, special, incidental or punitive loss or damage (whether for loss of current or future profits, loss of enterprise value or otherwise)
and whether occasioned by our negligence, or that of our employees or agents or otherwise, even if advised of the possibility of such damages.
20. Non-Excludable Liability
Nothing in these conditions of sale shall exclude or limit our liability for death or personal injury resulting from our negligence, or that of any of our employees or agents, nor shall they operate to exclude or limit any statutory rights which cannot be legally excluded or limited, including the statutory rights of a consumer.
21. Force Majeure
We are not liable for delays in performance (including delivery or service) caused by circumstances beyond our reasonable control and will be entitled to a time extension for performance. Examples include strikes, problems with suppliers or transport, industrial relations problems, exchange fluctuations, governmental or regulatory reaction and natural disasters. If the conditions last for more than 2 months, the Agreement may be terminated by either party without compensation.
22. Entire Agreement
These terms are the current terms in use and they are available on the website
Terms and Conditions and expressly incorporate our Privacy Policy. These terms may change from time to time and it is the user’s responsibility to check prior to using the site that they are happy to use the current terms and conditions in force. The current terms and conditions together with the privacy policy are the entire understanding and agreement between the Supplier and the Customer relating to the sale of products to the Customer throughout this website.
23. Governing Law
These conditions of sale = shall be governed by Irish law and the exclusive jurisdiction of the courts of the Republic of Ireland. The Vienna Convention on contracts for the international sale of goods is excluded in its entirety.
