Disclaimer
ACCEPTANCE OF TERMS
Your access to and use of Gentle Water ("the Website") is subject exclusively to these Terms and Conditions. You will not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions. By using the Website you are fully accepting the terms, conditions and disclaimers contained in this notice. If you do not accept these Terms and Conditions you must immediately stop using the Website.
2 ADVICE
The contents of the Website do not constitute advice and should not be relied upon in making or refraining from making, any decision.
3 CHANGES TO WEBSITE
Gentle Water reserves the right to:
3.1 change or remove (temporarily or permanently) the Website or any part of it without notice and you confirm that Gentle Water shall not be liable to you for any such change or removal; and
3.2 change these Terms and Conditions at any time, and your continued use of the Website following any changes shall be deemed to be your acceptance of such change.
4 LINKS TO THIRD PARTY WEBSITES
The Website may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that we are not responsible for the content or availability of any such sites.
5 COPYRIGHT
5.1 All copyright, trade marks and all other intellectual property rights in the Website and its content (including without limitation the Website design, text, graphics and all software and source codes connected with the Website) are owned by or licensed to Gentle Water or otherwise used by Gentle Water as permitted by law.
5.2 In accessing the Website you agree that you will access the content solely for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the Website for personal, non-commercial home use only.
6 DISCLAIMERS AND LIMITATION OF LIABILITY
6.1 The Website is provided on an "AS IS" and "AS AVAILABLE" basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
6.2 To the extent permitted by law, Gentle Water will not be liable for any indirect or consequential loss or damage whatever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website.
6.3 Gentle Water makes no warranty that the functionality of the Website will be uninterrupted or error free, that defects will be corrected or that the Website or the server that makes it available are free of viruses or anything else which may be harmful or destructive.
6.4 Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of Gentle Water for death or personal injury as a result of the negligence of Gentle Water or that of its employees or agents.
7 INDEMNITY
You agree to indemnify and hold Gentle Water and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against Gentle Water arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of this Website.
8 SEVERANCE
If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.
9 GOVERNING LAW
These Terms and Conditions shall be governed by and construed in accordance with the law of England and you hereby submit to the exclusive jurisdiction of the English courts.
Terms & Conditions
Conditions of hire
1. We are confident that the Birthing Pools leave our premises in perfect working order. You must follow all our assembly, filling and operating instructions. Failure to do so will invalidate the guarantee, It is the responsibility of you the hirer to ensure the safety of all those involved in the use of the pool and to make sure that the building in which the pool is placed is suitable for the purpose, e.g. is weatherproof and can take the weight of the pool. Except in respect of death or personal injury caused by our negligence, we do not accept liability for any consequential loss or damage, costs, expenses or other claims for compensation whatsoever which may arise out of or in connection with the hiring and use of one of our pools. In all other events our liability is limited to return of the hire charge
2. We wish to make it clear that the pool has a capital value which means that if for any reason you cannot return it at the end of the hire period we will expect that sum and also the hire period will extend until we have a pool ready to hire out. This also applies to damage to the pool such that we will charge you for the cost of repairs and the hire period will continue until the repairs are complete.
3. We make no claim as to the medical or other benefits from the use of our pools and remind all those using them that it is their own decision as to whether the pool is appropriate for their particular use or desire.
4. The pool must remain at the address given overleaf and in your possession unless otherwise agreed by us.
5. In the event of a cancellation less than 2 weeks before the beginning of the hire date, we reserve the right to charge the full hire fee.
6. You are responsible for the pool during the duration of the hire period unless otherwise agreed with us.
7. Any fault or failure of the pool must be reported to us immediately and no attempt to repair it without our authorisation. Any use of the pool for purposes other than those stated in the contract will invalidate the guarantee.
8. The guarantee as stated overleaf covers for repair or replacement of any faulty part. When a pool has been collected from us, the faulty item must be returned to us for attention. If the pool is rendered unusable for more than 24 hours as a result of a failure then a refund of the hire charge for however many days it is unusable will be made. If a fault causes the pool to be unusable for the birth itself then a full refund will be made.
9. Please clean and dry the liner before returning the pool and ensure that the hose and heater unit are fully drained, otherwise a charge will be deducted from the damage retainer. We will inspect the pool on return and if all is well, we will return the retainer immediately.
Throughout these conditions, the term pool means the birthing pool and all its subcomponents and accessories.
N.B. You are responsible for anticipating the date of your baby's arrival. Refunds cannot be made if baby arrives prior to the pool, or if the pool cannot be used in labour due to unforeseen medical or midwifery changes of circumstance.
