The NICU Space Membership Terms & Conditions

Effective date: 1st August 2024

Our core ethos for Miracle Moon Limited is to provide accessible support to NICU parents. This document details from the outset the way in which we will deliver our services to you. If you are planning to join The NICU Space, (“the Membership”) then you must read these terms and conditions in full prior to purchasing.

1. Membership Terms & Conditions (‘Terms’): Key Details

These Terms cannot be varied and in proceeding to purchase the Membership you will be deemed to have accepted these Terms. The Terms set out below apply to the services offered by Miracle Moon Limited. Please read them carefully as they affect your rights and liabilities under law and set out the Terms under which Miracle Moon Limited (“we”, “our” or “us”) provide services to you, as purchaser of the Membership. These Terms are subject to any rights you have under consumer law to which we are bound and which cannot be waived by contract. 

Please be aware that we may update these Terms at any time. Your continued use of the Membership indicates your acceptance of the terms and agreement to any changes. 

2. Membership Outline

The NICU Space is a membership platform designed to assist parents in navigating their NICU journeys by providing access to resources and peer support. This membership constitutes an ongoing commitment, offering members continuous access to support and guidance as they require it. The services provided are intended to supplement your journey with valuable information and community support, but they do not replace professional medical or therapeutic advice.

3. Eligibility 

This membership is suitable for those who have had a baby/babies that required neonatal care, or is about to/likely to in the near future. It is also suitable for professionals who work with NICU parents / families to gain insight into the impact of NICU on those families.

4. Membership Specifics

The NICU Space membership comprises five key elements:

  1. Regular live virtual meet-ups for parents.
  2. Live Q&A sessions with Dr. Frankie Harrison.
  3. In-depth resources covering all stages of the NICU journey.
  4. Expert content from a multidisciplinary team of specialists.
  5. Facilitated community connections.

Please note that none of the resources, content, or services provided by The NICU Space should be interpreted as therapeutic support. These materials are intended solely for self-access and informational purposes. They offer guidance, support, and general information but do not constitute professional therapy, medical advice, or any form of therapeutic intervention. Members are advised to seek personalized advice from qualified healthcare providers for specific medical or therapeutic needs.

5. Behaviour

It is requested that at all times your behaviour towards others is polite and respectful. Should your behaviour be deemed offensive or inappropriate we reserve the right to remove you from the Membership with immediate effect.

Each person is responsible for their own behaviour and we will not be held responsible for the behaviour or actions of any other Members.

6. Membership Fees and Payment Terms

The cost of the Membership is set at the time you subscribe and is [inclusive/exclusive] of VAT/Taxes. On subscription you will agree to monthly payments via Mighty Networks which will be taken on a monthly or annual basis, dependent on your plan type.

The Membership is an ongoing monthly or annual subscription and payment will be taken on the same day each month / year.

We reserve the right to modify the content and delivery of services within the membership, as well as the associated price point, at any time. Should any changes be made, we will provide you with advance notice so that you can decide whether to continue your subscription. Please note that we will never increase your membership fees without giving you at least 28 days’ notice, along with advance notification of the changes.

7. Refunds and Cancellation 

It is our aim that you will be completely happy with the Membership however, we appreciate that there may come a time when you wish to leave the Membership. 

As you have instant access to the Membership resources you will not be entitled to a refund of your subscription fees should you join and then wish to leave. Please consider the detail of the Membership carefully before purchasing and get in touch to ask any questions about suitability. You will not be entitled to a refund if you change your mind. Your statutory refund rights are not affected. 

Should you wish to cancel your Membership you can do so at any time and will retain access until the end of their current billing period. The cancellation will take effect on your next billing date, and you will not be charged further. Members cannot leave the plan immediately unless they delete their account or request the Host to remove them from the plan.

We reserve all rights to cancel the programme for any reason without prior notice. In such circumstances a refund will be provided for the remainder of that month or year as applicable. 

Notwithstanding any other rights or remedies available to us, we reserve the right to cancel your membership with immediate effect under the following circumstances:

  • If you fail to pay your membership fees by the due date;
  • If you commit a repudiatory breach of the terms of this agreement;
  • As determined at our sole discretion, in circumstances we deem necessary.

In such cases, you will be notified promptly, and any decisions regarding the cancellation will be communicated to you directly.

8. Contact and Schedule

It is the intention for the membership to run continuously, providing access as outlined. In the event of unforeseen circumstances leading to a postponement, sessions will be rescheduled as soon as possible.

We are available for support via email with a response time of 2-4 working days. For technical queries, please include “Tech” in the subject line of your email.

Please note that while we may post on social media outside of core hours, not all posts are live, and responses during these times cannot be guaranteed. We are committed to supporting everyone in the membership, but out-of-hours responses will depend on availability.

9. Disclaimers

We make no guarantees or claims regarding the success or outcomes for any member of The NICU Space. Each individual's journey is unique, and the support provided is intended to offer general information and guidance, not personalised advice.

All content within the membership is informational and should not be considered medical advice, whether physical or mental. If you require medical attention, please seek assistance from a healthcare professional immediately. We are not responsible for any action or inaction which you take as a result of the information within the Membership. We are not responsible for any loss of opportunity or any investments which you make.

We ask that all members in the Membership respect the rights of others in respect of their behaviour and privacy. We will not be responsible for the action of any members including for any disclosures made by any members based on information which has been shared within the Membership.

We disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose. We do not warrant that the membership services will be uninterrupted, error-free, or free from viruses or other harmful components.

10. Limitation of Liability and Indemnification

To the fullest extent permitted by applicable laws, we limit liability and responsibility for any harm resulting from your use of all or any part of the Membership. We shall not be liable to you for any damages, including lost profits, whether such claim is based on warranty, contract, tort or otherwise (even if we have been advised in advance of the possibility of such damages).

If we are found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Membership, our liability shall in no event exceed the total of any fees with respect to the Membership received by us from you, during the 6 months preceding the date on which the claim arose.

Nothing in these Terms shall limit or exclude our liability in respect to fraudulent misrepresentation, death, or personal injury, resulting from our negligence, or any other liability which cannot be limited or excluded by law.

You agree to indemnify, defend, and hold harmless Miracle Moon Limited, its officers, directors, employees, and subcontractors from and against any and all claims, liabilities, damages, losses, and expenses, including legal fees, arising out of or in connection with your use of the membership, your violation of these terms, or your infringement of any third-party rights. This indemnification obligation will survive the termination of your membership and these terms.

To the fullest extent permitted by applicable laws, members from the United States agree that any claims or legal actions arising out of or related to their use of The NICU Space shall be governed by the laws of England and Wales. By accepting these Terms, U.S. members waive any rights to pursue claims in any jurisdiction other than England and Wales, and agree to indemnify and hold us harmless from any claims, liabilities, or damages arising out of or in connection with their membership, including legal fees and costs.

We are not responsible for any issues arising from the use of third-party services, platforms, or content linked within the membership. Any reliance on such services is at your own risk.

11. Privacy and Confidentiality

Your privacy and protection of your personal data is important to us. You are responsible for ensuring that your contact details are accurate and up-to-date, at the time of registration, and on an on-going basis thereafter. 

Your personal data is protected as set out in our privacy policy which can be found [INSERT LINK TO PRIVACY POLICY]. By providing your personal data you agree to the terms of our privacy policy. 

During the course of the Membership you may have access to confidential information, in particular the personal affairs of other members. In accepting these Terms, you agree that you will not use or disclose to any person, organisation or company, and shall use your best endeavours to prevent the publication of, any confidential information relating to any other member.  

You accept that any unauthorised disclosure of personal or confidential information belonging to another may amount to immediate dismissal from the Membership. Should you decide to leave the Membership then you remain bound by the confidentiality and privacy obligations.

Please be aware that some live sessions may be recorded and your name and image/video may be captured. The recordings of the sessions will be kept and made available to others in the Membership. If you provide or share any information within these sessions about yourself, that information will be shared within the group. Should you not wish to be recorded please ensure that if you attend any session your camera is switched off and your name field is changed to “Attendee” with your initials so that support can still be offered but no personal identifiable information will be captured.

Your login details must remain confidential, and you must not disclose this information to a third party, without our express permission in writing. If you know, or suspect, that your login details have been obtained by a third party, you agree to change your password immediately, and provide notification of the same as soon as possible to hello@miraclemoon.co.uk

12. Intellectual Property 

During your time as a Member you will be provided with access to extensive resources and information. At all times the intellectual property rights and copyrights connected with those materials remain with us. You have the right to use the materials as learning tools personally but you are not permitted to duplicate, republish, reproduce, distribute, translate or provide copies to third parties. We retain and reserve all of our copyrights.

13. Waiver 

In the event that we fail to insist upon your strict performance of any obligations under these Terms, or we fail to exercise any rights or remedies to which we are entitled, this will not constitute a waiver of any such rights and / or remedies available to us.

14. Errors and Inaccuracies

There may be information within our Site or the Membership which contains typographical errors, inaccuracies or omissions relating to the service delivery, pricing or promotion of the Membership. We reserve the right to correct or amend any errors without prior notice.

15. Jurisdiction 

These Terms are governed by the laws of England & Wales. The English Courts have exclusive jurisdiction over any matter and proceedings arising out of the Membership.

For U.S. members and other international members, any disputes arising out of or relating to these Terms shall be resolved through binding arbitration in England and Wales. This arbitration will be governed by the laws of England and Wales, and U.S and other international. members waive any right to participate in class actions.

16. Complaints 

It is our aim that you are completely satisfied with the Membership. Should you have any feedback please feel free to share it with us as we are always striving to ensure that we provide you with the highest level of service. If you have a complaint about the Membership this should be made in writing to hello@miraclemoon.co.uk.

17. General

We intend to rely on the written Terms set out in Terms and Conditions for the services that we provide to you in delivery of the Membership. These written Terms shall constitute the entire agreement between us.

Should there be any conflict between these Terms and any Membership hosting platform or payment gateway, these Terms shall prevail.

If any provision within these Terms is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect (unless that would contradict the clear intention of the parties, in which case the entirety of the relevant provision will be deemed to be deleted).

No provision within these Terms shall be enforceable by any third party under the Contracts (Rights of Third Parties) Act 1999 or otherwise.

We may update these Terms and Conditions from time to time for legal or regulatory reasons or to allow the proper operation of your service. Any changes will be notified to you as soon as possible.

We shall not be liable for any failure to perform our obligations under these Terms where such failure is due to events beyond our reasonable control, including but not limited to natural disasters, war, or interruptions in internet service.

You agree that your use of the membership is at your own risk. You are solely responsible for your use of the services, including any decisions you make based on the information provided within the membership.

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