Last updated: 15 January 2021
1. These terms
1.1 What these terms cover. These are the terms and conditions which govern how we will supply our maternity nurse matching services to you. We match you with a qualified maternity nurse so that they can provide you with support and guidance during the early stages after childbirth.
1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide the services to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
2. Information about us and how to contact us
2.1 Who we are. We are Pachamama Group Limited (“Pachamama”), a limited company registered in England and Wales. Our company registration number is 12195778 and our registered office is at Harben House, Harben Parade, Finchley Road, London, England, NW3 6LH. Our company is not VAT-registered.
2.2 What we do. Pachamama is a matching and subscription service that connects new mothers with qualified maternity nurses. During this trial period, the sign-up period is for 3 months. For details on how to terminate, please see further below.
2.3 How to contact us. You can contact us by writing to us at firstname.lastname@example.org. If you prefer more traditional methods, you can also write to us at Harben House, Harben Parade, Finchley Road, London, England, NW3 6LH.
2.4 How we may contact you. If we have to contact you, we will do so using the contact details you provide to us in your order.
3. Our contract with you
3.1 How we will accept your purchase of our services. Our acceptance of your order will take place when we email you to confirm submission of your order and that we have received payment from you of the service fee, at which point a contract will come into existence between you and us.
4. Our services
4.1 Scope of our services. Our service is to match and connect new mums with qualified maternity nurses who can offer support, advice and guidance during the early stages following the arrival of your child, whether it is your biological or adopted new-born child.
Once we have accepted your order, we will commence our matching service to pair you up with a qualified maternity nurse based on availability and certain details that you have submitted in relation to your young one(s). We will then make the qualified maternity nurse available to you for the trial period in accordance with these terms and conditions.
Once you have been paired up, you will have an initial video consultation with your maternity nurse, and you will then be able to interact with them 24 hours, 7 days a week via WhatsApp during your subscription period.
To ensure that you are happy with our service, we will offer you a feedback opportunity over video or voice call with us each month. We expect this to take about 30 minutes of your time.
Whilst all our maternity nurses are qualified professionals, if you are not happy with the match our service has provided, then we will endeavour to provide you with a new match as soon as possible. We understand that a good relationship is important between you and your matched maternity nurse, and if for whatever reason you are not happy then we will look to provide you a different match.
4.2 What our service does not cover. The service we are offering is not intended to be and nor is it a replacement for seeking emergency medical advice, replacement GP service, or an alternative to calling NHS 111. Our maternity nurses will not be giving any medical advice, prescriptions or support as part of these services. Neither Pachamama nor the maternity nurses will be liable if for any reason access to the service or the messaging service used to contact the maternity nurse is suspended temporarily and without notice in the case of a system failure, maintenance, repair or for reasons beyond our reasonable control.
4.3 Maternity nurses. We guarantee all our maternity nurses are highly-qualified and trained as maternity nurses and will have their own maternity nurse insurance policy in place. You are responsible for ensuring that the maternity nurse has current public liability insurance, if required.
Our maternity nurses are not employees of Pachamama, but instead they work with us on a self-employed contractor basis. We put a written agreement in place with each maternity nurse that includes terms to protect the confidentiality of you and your child. If your paired maternity nurse is sick during the contracted period that they are to be with you then an equivalent maternity nurse will be provided. We will notify you if we are aware that your matched maternity nurse will be unavailable for any long period. If an equivalent maternity nurse cannot be provided, you will receive a refund based on the number of days that the service was not provided due to illness of the maternity nurse.
4.4 Interacting with your maternity nurse. While the maternity nurses will be contracted to assist you with your questions or comments sent to them via Whatsapp, we cannot guarantee that their response will be immediate. Your messages will be responded to by the maternity nurse as soon as reasonably practicable and we have engaged them on the basis that they will use their best endeavours to respond as soon as they can. There is no fixed limit to the number of support messages you can send – we know every new mother needs a different level of support – however, our maternity nurses can only respond to a reasonable number in any given 24-hour period.
We do not tolerate the sending of spam, rude, aggressive or abusive messages to any our maternity nurses and we reserve the right to immediately end the services if we determine this has been the case. We reserve the right of the maternity nurse to refuse to answer any more questions and/or block you from contacting them if you breach this provision. If a maternity nurse complains to us about your messages or conduct, then please note that as part of our review of how you have used the service, we may review the messages you have sent the maternity nurse that is the subject of their complaint. Other than this purpose, we do not review or receive copies of the messages you send the maternity nurse.
You should use your best judgement and common sense as to the information and pictures you want to send the maternity nurse – although we can request that a maternity nurse deletes any content you send, we cannot guarantee that they do so. If you are uncomfortable with sending any personal information or images, then please do not do so and instead seek support from your GP or other NHS service.
The support and guidance is on provided on a remote basis only, and our maternity nurses do not offer home visits.
Once we have matched you with a maternity nurse, we do not control how the maternity nurse provides support to you, and in the same way we do not control how you interact with the nurse. We therefore disclaim any liability, to the extent possible, regarding the quality or accuracy of the support and advice you receive.
By using our service, you agree that you will not employ or solicit the support or guidance of any of our maternity nurses for payment by you, outside of a subscription to Pachamama.
4.7 Problems with contacting the maternity nurse. If you are unable to use Whatsapp, you and the maternity nurse may seek a suitable and comparable alternative method of communication.
5. Our rights to make changes
5.1 Minor changes to the services. We may change the services:
(a) to reflect changes in relevant laws and regulatory requirements; and
(b) to implement minor technical adjustments and improvements, for example to address a security threat. These changes are unlikely to affect your use of the services but if we anticipate that they will we will notify you in advance.
6. Providing the services
6.1 When we will provide the services. Our services will be provided as soon as we accept your order. We aim to confirm your match within 24 hours.
7. Your rights to end the contract
7.1 You can always end your contract with us. Your rights when you end the contract will depend on the services, how we are performing and when you decide to end the contract:
(a) If you want to end the contract because of something we have done or have told you we are going to do, see clause 7.2; or
(b) If you have just changed your mind about the services, see clause 7.3 to clause 7.8. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions.
7.2 Ending the contract because of something we have done or are going to do. If you are ending the contract because you have a legal right to end the contract because of something we have done wrong (see clause 10.2), the contract will end immediately, and we will refund you in full for any services which have not been provided and you may also be entitled to compensation.
7.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most services bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms and are subject to clause 7.4.
7.4 When you do not have the right to change your mind. However, you do not have a right to change your mind when we have commenced the matching and subscription services to you already, and as part of signing up, you agreed that we will provide our services immediately on acceptance of your order.
7.5 End of the Service after the trial period. After the initial 3 month trial period, the Services will end automatically and the support from the maternity nurse will formally end.
7.6 How to end the trial with us (including if you have changed your mind). The trial is for a fixed 3 month period and all payments are final. If you no longer want to use the Service during the trial, please let us know and we will inform the maternity nurse.
7.7 Deductions from refunds if you are exercising your right to change your mind. If you are entitled to exercise your right to change your mind, we may deduct from any refund an amount for the supply of the Service for the period for which it was supplied. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.
7.8 When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind, then your refund will be made within 14 days of your telling us you have changed your mind.
8. Our rights to end the contract
8.1 We may end the contract if you break it. We may end the contract for the matching services at any time by writing to you if:
(a) you do not make any payment to us when it is due;
(b) you send what we objectively consider to be spam, rude, aggressive or abusive messages to our maternity nurses; or
(c) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the services for example, correct contact details.
9. If there is a problem with the services
9.1 How to tell us about problems. If you have any questions or complaints about the services, please contact us. You can write to us at email@example.com or to our address at Harben House, Harben Parade, Finchley Road, London, England, NW3 6LH.
9.2 Summary of your legal rights. We are under a legal duty to supply services that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights.
|Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
As we are offering a service, the Consumer Rights Act 2015 says:
a) You can ask us to repeat or fix a service if it’s not carried out with reasonable care and skill or get some money back if we can’t fix it.
b) If you have not agreed a price beforehand, what you’re asked to pay must be reasonable.
c) If you have not agreed a time beforehand, it must be carried out within a reasonable time.
d) The services must be performed in line with the information we have provided you about the nature of the services and us.
See also Exercising your right to change your mind (Consumer Contracts Regulations 2013).
10. Price and payment
10.1 Where to find the price for the product. The price of the services (which includes VAT) will be the price indicated on the order pages when you placed your order.
10.2 When you must pay and how you must pay. We accept payment with the payment methods set out via the order form. You must make payment of the amounts set out in the order form in accordance with the information provided and in advance of the services commencing.
10.3 What to do if you think an invoice is wrong. If you think an invoice is wrong, please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved.
11. Our responsibility for loss or damage suffered by you
11.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen.
11.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so.
11.3 We are not responsible for the support given by the maternity nurse. We are a matching service for self-employed maternity nurses. Although we pay the maternity nurse for their support, we are not responsible for their advice and support. Our maternity nurses are not our employees, agents or sub-contractors.
11.4 We are not liable for your personal actions. We are not responsible for any actions or omissions you take as a result of the services provided.
11.5 Entire liability. Both your and our total liability in relation to all events or series of connected events occurring under these terms and conditions (and whether the liability arises because of breach of contract, negligence or for any other reason) shall be limited to 200% of fees you have paid in connection with our services.
12. How we may use your personal information
13. Other important terms
13.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
13.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. The agreement is personal to you and you should not seek support and advice from your matched maternity nurse for any other parent outside of your household.
13.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
13.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
13.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you, but we continue to provide the services, we can still require you to make the payment at a later date.
13.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the services in the English courts. If you live in Scotland, you can bring legal proceedings in respect of the services in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the services in either the Northern Irish or the English courts.