1. These Terms and Conditions will apply to the purchase of a membership by you (the Customer or you). We are “birthly” with email address hello@birthly.uk; (the Supplier or us or we).
  2. These are the terms on which we sell this membership to you.  Before placing an order on the Website, you will be asked to agree to these Terms and Conditions by checking ‘YES’ on the form below. If you do not click on the button, you will not be able to complete your Order.  You can only purchase the Membership from the Website if you are eligible to enter into a contract and are at least 18 years old.


  1. Membership runs annually from the date payment is completed.
  2. Your profile page is your property and to be completed and updated by you.
  3. We can make changes to the Memberships which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.

Customer Responsibilities

  1. You must co-operate with us in all matters relating to the Membership.
  2. Failure to comply with the above is a Member default which entitles us to suspend your profile page until you remedy it or if you fail to remedy it following our request, we can terminate the Contract with immediate effect on written notice to you.

Personal Information and Registration

  1. When registering to use the Website you must set up a username and password. You remain responsible for all actions taken under the chosen username and password and undertake not to disclose your username and password to anyone else and keep them secret.
  2. We retain and use all information strictly under the Privacy Policy.
  3. We will contact you by using the e-mail you have registered with.

Basis of Sale

The description of the Membership on our website does not constitute a contractual offer to sell the Membership or profile page. When an Order has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay. Any monies will be refunded on rejection.

Fees and Payment

  1. The fees (Fees) for the Membership is that set out on the Website at the date we accept the Order.
  2. You must pay by submitting your credit or debit card details with your Order and we can take payment immediately.


  1. We will deliver the Membership and profile page on payment of Order.
  2. The profile page will become your responsibility from the completion of payment. You must keep updated as necessary.


  1. You can cancel the Contract at any time, if you simply wish to change your mind and without giving us a reason, and without liability. Your registration fee will be refunded if you cancel your contract within 5 days; any charges that have been incurred will be deducted.
  2. This is a distance contract (as defined below) which has the cancellation rights (Cancellation Rights) set out below.

Right to Cancel

  1. Subject as stated in these Terms and Conditions, you can cancel this contract within 5 days without giving any reason.
  2. The cancellation period will expire after 5 days from the day on which you acquire.
  3. To exercise the right to cancel, you must inform us of your decision to cancel this Contract by a clear statement to our email address hello@birthly.uk

Payment for Bank Charges During the Cancellation Period

Where a bank charge has been deducted from the membership fee, we shall pass this deduction on and reduce the refund accordingly.

Timing of Reimbursement

  1. We will make the reimbursement without undue delay, and not later than 14 days after receiving your cancellation email.
  2. We will make the reimbursement using the same means of payment as you used for the initial transaction.

Duration, Termination and Suspension

  1. The Contract is for annual membership so covers one year.
  2. Either you or we may terminate the Contract or suspend the Services at any time by a written notice of termination or suspension to the other if that other:
    1. commits a serious breach, or series of breaches resulting in a serious breach, of the Contract and the breach either cannot be fixed or is not fixed within 30 days of the written notice; or
    2. is subject to any step towards safeguarding enquiries from any board.
  3. On termination of the Contract for any reason, any of our respective remaining rights and liabilities will not be affected.


  1. Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.
  2. These Terms and Conditions should be read alongside, and are in addition to our policies, including our Cookies & Privacy Policy (https://birthly.uk/cookies-privacy/).
  3. For the purposes of these Terms and Conditions:
    1. ‘Data Protection Laws’ means any applicable law relating to the processing of Personal Data, including, but not limited to the GDPR.
    2. ‘GDPR’ means the UK General Data Protection Regulation.
    3. ‘Data Controller’, ‘Personal Data’ and ‘Processing’ shall have the same meaning as in the GDPR.
  4. We are a Data Controller of the Personal Data we Process in providing the Services and Goods to you.
  5. Where you supply Personal Data to us so we can provide Services and Goods to you, and we Process that Personal Data in the course of providing the Services and Goods to you, we will comply with our obligations imposed by the Data Protection Laws:
    1. before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected;
    2. we will only Process Personal Data for the purposes identified;
    3. we will respect your rights in relation to your Personal Data; and
    4. we will implement technical and organisational measures to ensure your Personal Data is secure.
  6. For any enquiries or complaints regarding data privacy, you can e-mail: hello@birthly.uk.

Excluding Liability

The Supplier does not exclude liability for: (i) any fraudulent act or omission; or (ii) death or personal injury caused by negligence or breach of the Supplier’s other legal obligations. Subject to this, we are not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (eg loss of profit) to your business, trade, craft or profession which would not be suffered by a Consumer – because we believe you are not buying the Membership wholly or mainly for your business, trade, craft or profession.

Governing Law, Jurisdiction and Complaints

  1. The Contract (including any non-contractual matters) is governed by the law of England and Wales.
  2. Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.
  3. We try to avoid any dispute, so we deal with complaints as follows: If a dispute occurs members should contact us to find a solution. We will aim to respond with an appropriate solution within 14 days.
  4. We aim to follow the Birthly Code of Conduct.

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