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 (Key Details)

These Terms cannot be varied and by 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 the law and set out the terms under which Miracle Moon Limited (“we”, “our” or “us”) provides services to you as the 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 updated terms and agreement to any changes.

2. Membership Outline

The NICU Space is a membership program designed to assist parents in navigating their NICU journeys by providing access to resources and peer support. It is hosted on a private online community platform called Circle (accessible via our Miracle Moon community site), which allows members to access content and interact with each other in a secure environment. 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 intended for individuals who have had a baby (or babies) that required neonatal care, or who are expecting a baby likely to require such care. It is also suitable for professionals who work with NICU parents/families to gain insight into the impact of NICU experiences 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 among members.

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

All members are expected to conduct themselves in a polite and respectful manner towards others at all times. 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.

To maintain a safe community environment, you agree to abide by any community guidelines we publish and any acceptable use policies of the Circle platform. We reserve the right to remove or moderate any content you post within the community that violates these Terms, our community standards, or Circle’s policies.

6. Membership Fees and Payment Terms

The cost of the Membership is set at the time you subscribe and is inclusive of any applicable VAT or taxes. Upon subscribing, you agree to recurring payments processed through our Circle platform’s payment system. Payments will be charged on a monthly or annual basis, depending on your chosen plan type.

The Membership is an ongoing subscription, meaning it will renew automatically each billing period (monthly or annually, according to your plan). Payment will be taken automatically on the same calendar day each month or each year that corresponds to your initial sign-up date. All payments are handled securely via Circle’s integrated payment processor.

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 under the new terms. We will never increase your membership fees without giving you at least 28 days’ notice, along with details of the changes.

7. Refunds and Cancellation

We want you to be completely happy with the Membership; however, we understand that there may come a time when you wish to leave. As you have instant access to the Membership resources upon joining, you will not be entitled to a refund of your subscription fees if you decide to cancel after gaining access. Please consider the details of the Membership carefully before purchasing, and feel free to get in touch with any questions about its suitability. (Your statutory refund rights are not affected by this policy.)

Should you wish to cancel your Membership, you can do so at any time via your account settings on the Circle platform or by contacting us. You will retain access to the Membership until the end of your current billing period. The cancellation will take effect on your next billing date, and you will not be charged further. By default, mid-term cancellations do not terminate your access immediately. If you wish to end your access immediately (for example, to avoid continuing in the community), you may delete your account or request us to remove you from the Membership with immediate effect.

We reserve the right to cancel the program (the Membership) for any reason without prior notice. In such circumstances, if we terminate the Membership entirely, a pro-rata refund will be provided for any remaining portion of the current billing period (month or year, as applicable).

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

  • If you fail to pay your membership fees by the due date.
  • If you commit a serious breach of these Terms.
  • If, in our sole discretion, we determine that removal is necessary (for example, due to misconduct or other significant issues).

In cases where we cancel your membership due to any of the above circumstances, you will be notified promptly, and we will communicate any decisions regarding the cancellation to you directly.

8. Contact and Schedule

It is our intention for the Membership to run continuously, providing access as outlined. In the event of unforeseen circumstances leading to a temporary interruption or postponement of any live sessions or content delivery, we will reschedule those sessions as soon as possible and/or provide updates accordingly.

We are available for support via email at hello@miraclemoon.co.uk, with a typical response time of 2–4 working days. For technical queries related to the platform, please include “Tech” in the subject line of your email. This helps us address your issue more efficiently. While we strive to support all members in a timely manner, please note that inquiries outside of our core business hours may not receive an immediate response.

Please note that while we may post on social media or within the community outside of core hours, not all posts or messages are monitored in real-time. We are committed to supporting everyone in the Membership, but responses during off-hours will depend on availability.

9. Disclaimers

We make no guarantees or claims regarding any specific results or outcomes for members of The NICU Space. Each individual's journey is unique, and the support provided is intended to offer general information and guidance, not personalized professional advice or guaranteed results.

All content within the Membership is for informational purposes only and should not be considered medical advice (for physical or mental health) or professional therapeutic advice. If you require medical attention or have specific health-related questions, please seek assistance from a qualified healthcare professional. We are not responsible for any action or inaction you take as a result of the information within the Membership. You are solely responsible for any decisions you make based on the content provided.

We expect all members to respect the rights and privacy of others in the community. However, we are not responsible for the actions of any members, including any disclosures or information that a member may share about themselves or others within the Membership.

We provide the Membership and its content “as is” and disclaim all warranties, express or implied, to the fullest extent permitted by law. This includes, but is not limited to, implied warranties of merchantability and fitness for a particular purpose. We do not warrant that the Membership services will be uninterrupted or error-free, or that the platform (Circle) will be free from viruses or other harmful components.

10. Limitation of Liability and Indemnification

To the fullest extent permitted by applicable laws, we hereby limit our liability for any loss or damage suffered by you in connection with your use of any part of the Membership. We shall not be liable to you for any indirect, consequential, or special damages (including, without limitation, any loss of data, profits, revenue, business, or opportunity) arising out of or in connection with your use of the Membership, whether such claim is based in contract, tort (including negligence), strict liability, or any other legal theory, even if we have been advised of the possibility of such damages.

If we are found to be liable to you for any direct damage or loss arising out of or in connection with your use of the Membership, our total cumulative liability shall in no event exceed the total amount of Membership fees that you have paid to us in the six (6) months immediately preceding the event giving rise to the liability.

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

You agree to indemnify, defend, and hold harmless Miracle Moon Limited and its officers, directors, employees, agents, and subcontractors from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable 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.

Members from outside the United Kingdom (including the United States and other international locations) 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 (as further described under "Jurisdiction" below). By accepting these Terms, U.S. and other international members waive any rights to pursue claims in any jurisdiction other than England and Wales. U.S. members further 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), to the fullest extent permitted by applicable laws.

We are not responsible for any issues arising from the use of third-party services, platforms, or content that may be linked to or integrated with the Membership. This includes the Circle platform on which The NICU Space is hosted—any downtime, technical issues, or data incidents on Circle’s side are outside of our direct control, and any reliance on such services is at your own risk. We will, however, make reasonable efforts to work with Circle to resolve platform-related issues promptly if they arise.

11. Privacy and Confidentiality

Your privacy and the protection of your personal data are important to us. You are responsible for ensuring that your contact details and personal information provided during registration (and updated thereafter) are accurate and up-to-date.

Your personal data will be handled in accordance with our Privacy Policy, which can be found on our website. By providing your personal data, you agree to the terms of our Privacy Policy. Additionally, since the Membership is delivered through the Circle platform, certain data (such as your name, email address, profile information, and engagement data) will be processed by Circle on our behalf in order to provide you with access to the community. We have taken steps to ensure that Circle meets our standards for data protection. By using The NICU Space on Circle, you also agree to Circle’s privacy practices as they apply to your usage of the platform.

Throughout your participation in the Membership, you may have access to confidential information, including personal stories or details shared by other members. By accepting these Terms, you agree that you will not use or disclose to any person, organisation, or company any confidential information that belongs to another member. You also agree to use your best efforts to prevent the publication or dissemination of any confidential information shared within the Membership community.

Any unauthorised disclosure of personal or confidential information about another member is a serious breach of these Terms and may result in your immediate removal from the Membership. Even if you leave the Membership, whether voluntarily or through cancellation by us, you remain obligated to maintain the confidentiality of all confidential information you encountered during your participation.

Please be aware that some live sessions or events may be recorded. Your name, image, or video may be captured during these sessions. Recordings of sessions may be made available to other members as part of the Membership resources. If you share information about yourself during a recorded session, that information will be accessible to others in the Membership when they view the recording. If you do not wish to be recorded or identified, please ensure that your camera is turned off and consider changing your displayed name to a non-identifying nickname (for example, “Attendee” plus your initials) when joining live sessions. This will allow you to participate and receive support anonymously.

Your account login details for accessing The NICU Space on the Circle platform must remain confidential. You must not share your password or account access with any third party without our express permission in writing. If you know or suspect that your login details have been compromised or obtained by someone else, you agree to change your password immediately and notify us as soon as possible at hello@miraclemoon.co.uk so we can help secure your account.

12. Intellectual Property

During your time as a Member, you will be provided with access to extensive resources and information. All intellectual property rights in and to those materials (including all content, text, videos, audio, graphics, and compilations) remain owned by us (Miracle Moon Limited) or our licensors at all times. You have the right to access and use the materials for your personal learning and support while a member, but you are not permitted to copy, duplicate, download, republish, reproduce, distribute, publicly display, translate, or otherwise share any Membership materials with any third parties without our prior written consent. Any unauthorized use or distribution of our materials may result in termination of your Membership and possible legal action. We retain and reserve all rights in our intellectual property.

13. Waiver

If at any time we do not insist on your strict performance of any of your obligations under these Terms, or if we fail to exercise any of the rights or remedies to which we are entitled under these Terms, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. Any waiver by us of any default will not constitute a waiver of any subsequent default or waiver of the obligation in question.

14. Errors and Inaccuracies

While we strive to ensure that all information provided on our site and within the Membership is accurate, there may occasionally be typographical errors, inaccuracies, or omissions in descriptions of services, pricing, or other details related to the Membership. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice. Such corrections may occur after you have seen the inaccurate information, but they will apply on a going-forward basis and will not affect the validity of these Terms.

15. Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of England and Wales. You and we both agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms or your Membership.

For members located in the United States or any other country outside of England and Wales, you agree that any dispute arising out of or relating to these Terms shall be resolved through binding arbitration in England and Wales, in accordance with English law. Additionally, to the maximum extent permitted by law, you waive any right to participate in any class-action lawsuits or class-wide arbitrations related to the Membership or these Terms.

16. Complaints

We aim for you to be completely satisfied with the Membership. If you have any feedback or suggestions, we welcome you to share them with us, as we are always striving to improve our services. If you have a complaint about the Membership, please submit it in writing via email to hello@miraclemoon.co.uk. We will review your complaint and respond as promptly as possible, addressing your concerns to the best of our ability.

17. General

We intend to rely on the written terms set out in this Terms & Conditions document as the entire agreement between you and us for provision of the Membership services. These written Terms constitute the entire agreement between us with respect to the Membership and supersede any prior agreements or understandings, whether written or oral.

The NICU Space Membership is hosted on the Circle platform. You acknowledge that in addition to this agreement between you and Miracle Moon Limited, your use of the Circle platform is subject to Circle’s own Terms of Service and community guidelines. In the event of any conflict between these Terms and any terms or policies of the Circle platform or our payment processor, these Terms shall prevail in governing our relationship with you (to the extent permitted by law). However, this does not diminish your obligation to abide by Circle’s terms and policies while using their platform.

If any provision of these Terms is found by a court or other competent authority to be unlawful, void, or unenforceable, that provision shall be deemed deleted or modified to the minimum extent necessary, and the remainder of the Terms shall remain fully valid and enforceable. If a provision would be lawful or enforceable if part of it were deleted or modified, then that part shall be deemed deleted or modified accordingly, and the rest of the provision shall continue in effect.

No person other than you and us (Miracle Moon Limited) shall have any rights to enforce any term of this agreement. In other words, nothing in these Terms confers any benefit or right of enforcement on any third party under the Contracts (Rights of Third Parties) Act 1999 or otherwise.

We may update or revise these Terms from time to time for legal or regulatory reasons, or to reflect changes in our services or the platform. If we make significant changes, we will notify members of the Membership (for example, via email or through a notification on the community platform) as soon as possible. By continuing to use the Membership after such changes are communicated, you will be deemed to have accepted the updated Terms.

We shall not be liable for any failure to perform, or delay in performing, any of our obligations under these Terms if such failure or delay is caused by events outside our reasonable control. This includes, but is not limited to, natural disasters, power or internet outages, war, acts of terrorism, pandemic-related disruptions, or any other event that renders our performance impracticable or impossible.

You acknowledge that your use of the Membership is at your own risk. You are solely responsible for your actions and decisions within the Membership and for how you apply the information and support provided.

By joining and participating in The NICU Space, you acknowledge that you have read, understood, and agree to these Terms & Conditions. If you do not agree with any part of these Terms, you should not proceed with the Membership.

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