NW8 Mums Ltd. Terms and Conditions

This website is owned and managed by NW8 Mums Ltd. (‘NW8 Mums’, ‘us’, ‘we’, ‘our’).

These terms and conditions relate to the services and benefits provided by NW8 Mums, a local community for parents including return to work parents or new parent entrepreneurs.

Acceptance of Terms and Conditions: Website

The use of the NW8 Mums website is subject to the following terms and conditions. By using this website, you agree to our terms and conditions. We reserve the right to modify and/or update these terms and conditions at any time without notice to you.

Acceptance of Terms and Conditions: Membership

Membership of the NW8 Mums community is conditional to the acceptance of these terms and conditions. We reserve the right to modify/update these terms and conditions without notice to you.

This is because as our community evolves, we gain a better understanding of how best our members will benefit from their membership. New ideas may be introduced from time to time, and to reflect these we may revise our terms and conditions without notice.

The most current terms and conditions will always be available on the website. You therefore agree to review this page regularly to stay up to date with our most current terms and conditions.

In addition, these terms and conditions must be read in conjunction with our privacy policy which is available on our website. We are committed to ensuring the security and privacy of your information, and our terms and conditions along with our privacy policy explain in more detail the categories of information we collect from you, and the purposes for and the manner in which the information is processed and used.

1. Contractual Relationship

1.1 These terms and conditions constitute a contractual relationship between NW8 Mums and you.

1.2 For the purposes of these terms and conditions, ‘we’, ‘us’, ‘our’, ‘ourselves’ shall refer to NW8 Mums and ‘you’, ‘yourself’ shall refer to our members. NW8 Mums and you shall collectively be referred to as ‘the Parties’ and individually as ‘a Party’.

1.3 The Parties agree to be bound by these terms and conditions, i.e. the Parties agree that their membership at NW8 Mums is governed by these terms and conditions.

2. Application For Membership

2.1 Any individual local to the NW8 neighbourhood can apply to NW8 Mums for membership by getting in touch with us at hello@nw8-mums.com. We reserve the right to deny or cancel, without any liabilities, membership, access to our events and/or online facilities, should a member be in breach of these terms and conditions, and/or our code of ethics, and/or should the member be deemed unsuitable for membership. No explanation needs to be given.

2.2 Loyalty Cards- Our Loyalty Card allows you to avail of discounts and special offers from local businesses, restaurants, shops, cafes as well as a few online businesses. We have published a list of a few participating local businesses. However, for a full list, please email us at hello@nw8-mums.com. Showing your Loyalty Card to participating businesses is a pre-requisite to enjoying their discounts and special offers. We will not be liable if you are refused a discount or special offer on account of your failure to show your Loyalty Card.

3. Membership Fees

3.1 We have different membership packages including different membership benefits. Depending on the membership package you choose, we will communicate the membership fee to you. All membership fees are payable in full at the time of your application, for your membership to begin. With the exception of Loyalty Cards, which can be purchased online, we will not ask you to pay the membership fees unless we have confirmed that your membership application/request has been accepted.

3.2 The membership period is 12-months from the date of commencement of membership, and subject to the payment of the renewal fee by you, will be renewed on the date on which the renewal fee is paid by you.

3.3 Loyalty Cards- Loyalty cards are available for purchase online and have a validity of 12 months from the date of payment. The Loyalty Card membership fee is payable annually and will be set up as an auto-renewal. Should you not wish to renew your Loyalty Card, you will have to unsubscribe via the payment platform used by you to sign up (PayPal or Stripe). The fees for the Loyalty Card are published on our website, and are subject to alteration without prior notification. No refunds are available on the cancellation of your Loyalty Card, whether the cancellation is initiated by you or by us unless the request for cancellation is received within 14 days from the date of purchase of the Loyalty Card (‘cooling off period’) or the Loyalty Card membership is terminated on account of a Force Majeure Event. We will not cancel your Loyalty Card unless you have breached these terms and conditions, and/or our code of ethics, or we have received a complaint about you by another member or a participating business and/or you are deemed unsuitable for membership. Where we cancel your Loyalty Card for breach or on account of a complaint against you, we will make no refunds of the Loyalty Card membership fee to you.

3.4 WhatsApp group memberships- As part of our services we run several WhatsApp groups giving our members the opportunity to connect with fellow members, and to engage in positive and productive conversations that might result in solutions, collaborations, business and/or wider support for all the members of the WhatsApp group. We charge a nominal fee for those who sign up only for our WhatsApp membership. Agreeing to adhere to our Communications Code of Ethics, and privacy policy, along with our general terms and conditions is a pre-requisite for becoming a WhatsApp group member. A breach of these terms and conditions and/or our Communication Code of Ethics will result in the cancellation of your WhatsApp group membership, and we shall not be liable to refund your WhatsApp membership fee.

4. Membership Payments

4.1 Frequency of Payment- Membership Fees for membership packages are payable annually, the very first payment due on the start date of membership, and thereafter on each anniversary of the membership start date. Please note that your membership will be renewed from the date on which we receive the renewal fee. Membership will be deemed suspended in the period between the expiration of your current membership and its renewal date. Details of your membership term will be specified in your welcome pack, and reminders will be sent to you ahead of your membership renewal.

4.2 Refund- For every membership you purchase, you are committing to a 12-month membership, and there are no refunds in full or in part, unless we receive your request for cancellation of membership within the first 14 days of purchase of the membership, i.e. during the ‘cooling off’ period or your membership is cancelled due to a Force Majeure Event continuing for 30 days or more. All refunds shall be made via the payment method originally used by you to pay the membership fee.

4.3 Method of Payment- Membership Fees can be paid:

4.4 Refund for cancellation during the cooling off period and on account of a Force Majeure Event- If you wish to cancel your membership, you can do so within 14 days from the date on which we receive your membership application/request. In this case, should you have paid the membership fee, we will refund the membership fee, minus an administration fee. Refunds pro-rata to your unused membership period will also be available where your membership is terminated on account of a Force Majeure Event if such Force Majeure Event continues for 30 days or more. All refunds will be made via the payment method originally used by you to pay the membership fee.

4.5 Payment of Renewal Fees- A reminder that your membership is due for renewal will be sent out to you via email before the end of your current membership, and the renewal fee will be communicated to you before your current membership expires. Should you wish to renew your membership, an invoice for the payment of the renewal membership fee will be sent to you via email. You must pay the renewal fee before the end of the current annual membership for the successful renewal of your membership. In such cases where payment is not received before the end of the current membership, membership will be suspended pending settlement. Once a renewal fee has been paid, it shall not be refunded except in case of a Force Majeure Event.

4.6 The Loyalty Card membership is set up as an auto-renewal annually and should you wish not to renew, you must unsubscribe on the platform used to buy the Loyalty Card membership (PayPal or Stripe). WhatsApp payments will also be processed as auto-renewals, and if members wish not to continue, they will need to unsubscribe via the platform through which they purchased the membership. Failure to unsubscribe will result in the automatic charge for the next membership term.

4.7 Late Payment Fee- In order to ensure the smooth running of the NW8 Mums community, we request all our members to pay the annual fees by the due date. We reserve the right to charge an administration fee for late payment of renewal fees.

5. Cancellation of your membership

5.1 You are entitled to cancel your membership without question during the cooling off period, i.e., within the first 14 days from the date on which you purchase your membership. In this case any membership fees paid by you will be refunded minus administration costs incurred by us.

5.2 Requests for cancellation of membership after the cooling off period will not be accepted, and no refunds will be available. The membership benefits will still be available for you to use at your discretion until the end of your current membership. Once your membership expires, you shall be required to pay the renewal fee, should you wish to renew your membership. The renewal fee will be communicated to you before your current membership expires. In this case your membership will renew from the date on which you pay the renewal fee.

5.3 We are entitled to cancel your membership without any liability, i.e. without being liable to refund any membership fees and/or other costs paid by you if:

5.4 You will also be entitled to terminate your membership if a Force Majeure Event continues for 30 (thirty) days.

6. Membership Benefits

6.1 Depending on the membership package you purchase you will enjoy certain membership benefits. Below is a list of some of the benefits available to our members. Please note that this is not an exhaustive list. Also, not all benefits will be available to each and every member. The membership package purchased by you will determine which benefits you are entitled to.

7. Rules around Member benefits

7.1 You agree to adhere to the following rules while availing of member benefits:

8. Confidentiality

8.1 Members acknowledge that during the course of their membership they may be given access to each other’s Confidential Information and data relating to each other or each other’s businesses. For the purposes of this Agreement, ‘Confidential Information’ shall mean any non-public information supplied by one party (‘Owning Party’) to the other (‘Receiving Party’) and/or any information relating to a party that is not in the public domain. Confidential Information does not include information to the extent that it is independently developed or known by the Receiving Party (including because it is in the public domain for reasons other than as a result of the Receiving Party’s breach of its confidentiality obligations) or required to be disclosed by law.

8.2 Obligations of Non-Disclosure and Non-Use

• Unless otherwise agreed to in advance and in writing by the Owning Party, the Receiving Party will not, except as required by law or under a court order, use the Confidential Information for any purpose other than for the purposes of their membership. In addition, neither Party will disclose the Confidential Information belonging to the Owning Party, to any third party nor use it for the benefit of themselves or of any third party. As a member you agree that:
  • other members in the group will be privy to any information including without limitation the Confidential Information that you share with the group
  • You will not disclose a group member’s Confidential Information to third parties, save and except where you have the group member’s express written consent to do so.
• We may disclose your Confidential Information:
  • to our employees, independent contractors, free-lancers, consultants, advisors, partners, mentors or co-workers (as applicable) on a ‘need to know basis’ only which means that we may disclose the Confidential Information only to those of our employees, independent contractors, freelancers, consultants, advisors, partners, mentors or co-workers who need to know such information for the performance of our services and/or for the conduct of our business
  • where maintaining confidentiality conflicts with our duty of care
  • when an issue arises, that we believe needs to be referred elsewhere. However, we will discuss this with you first
  • for the purposes outlined in clauses 9.5, 9.6, and 9.8
  • if required by law, a court order or by the instructions of an authority

By purchasing our services, you agree to your information being disclosed to the parties and in the manner outlined in clause 8.2 (ii) of these terms and conditions.

9. Data Protection

9.1 All the information supplied by you will be treated as confidential and only processed to provide the services or as described in clauses 8 and 9 of these terms and conditions, and in our Privacy Policy which should be read in conjunction with these terms and conditions, as they constitute important terms that apply to the collection, storage and use of your Personal Data.

9.2 For the purposes of Data Protection Laws, the data controller is NW8 Mums Ltd.

9.3 The primary purpose for which we will collect and use your Personal Data is to provide our services to you and/or for the running of our business operations. In addition, Personal Data may be collected and used for the purposes of due diligence and identity verification.

9.4 We may make audio and video recordings of our masterclasses and talks for the purposes of internal reference, quality control, marketing and monitoring purposes. If you do not wish to be recorded, please let us know in advance.

9.5 We will not share your Personal Data with third parties unless we have your express written permission to do so or where there is an overriding public interest in disclosing the information without your consent or where your interests in terms of your health and safety over-ride our obligation of confidentiality. This is in accordance with the General Medical Council’s guidance which may from time-to-time change.

9.6 We may share aggregated anonymised data with third parties in order to monitor our services and to ensure consistent quality and safety relating to the services provided to our members.

9.7 We will always seek your permission before attributing you in our publicity material such as member testimonials.

9.8 We will generally share your information/Personal Data with persons nominated as your ‘Emergency Contact’ or where an ‘Emergency Contact’ has not been nominated, with your next of kin only in cases of emergencies where it is in the legitimate interest of the public or in the legitimate interest of our organisation or in your own legitimate interest for us to disclose the Personal Data or where your interests (health and safety) over-ride our obligation of confidentiality. For such circumstances it shall be deemed that you have consented to your information being shared with the recipient of the information.

9.9 Any details that you provide to us will be stored securely and will not be shared with third parties, unless the recipient of the information is an employee, independent contractor, consultant or advisor of ours or is receiving the information in circumstances outlined in clauses 9.5 and 9.8.

9.10 Emails are sent and received by us on a device that is password protected. We send emails to our members in a TLS (Transport Layer Security) encrypted format.

9.11 We do not store our members’ information for longer than we need it.

9.12 Children’s Data – We do not collect Children’s data unless we have one of the following grounds to do so. If you feel that we have erroneously received your Child’s data, or you wish for us to delete your Child’s data please email us at hello@nw8-mums.com so that we can delete your Child’s information at the earliest.

In addition to one of the lawful bases contained in Article 6 of the GDPR and the UK GDPR, including without limitation consent, contractual necessity, compliance with legal obligations and legitimate interests the following are the lawful bases for us processing your Child’s Special Category Personal Data:

• Article 9.2 (a) of the GDPR 2016/679, and the UK GDPR- Explicit consent
  In order to provide our services to you for your Child, we require your consent to process Personal Data about your Child that comes under ‘Special Category Personal Data’. This includes but is not limited to Personal Data relating to your Child’s medical conditions and health, special education needs and/or allergies, in order for us to ensure their safety.
  By enrolling your Child in any programs run by us, you consent to us using your Child’s Health Data and other Special Category Data for the above mentioned purposes, in which case the lawful basis for us using your Child’s Personal Data is your explicit consent as outlined in Article 9.2 (a) of the GDPR 2016/679, and the UK GDPR.
  ‘Health Data’ as defined under Article 4(15) of the UK GDPR means personal data related to the physical or mental health of a natural person, including the provision of health care services, which reveal information about his or her health status.
• Article 9.2 (c) of the GDPR 2016/679, and the UK GDPR- Vital interests
  Processing is necessary to protect the vital interests of the Child or of another natural person where the data subject is physically or legally incapable of giving consent. For example, where such Personal Data has to be shared for emergency medical care, and/or for the safety and protection of the Child or where you are not physically or legally capable of giving consent or where the medical emergency involves a Child of a member, and we are not able to reach out to the Child’s parent or guardian to seek their explicit consent for sharing their Child’s Special Category Personal Data.
  
  However, you can object to us processing your Personal Data, on any of these bases at any time and, if you do so, we will stop processing the Personal Data unless we can show compelling legitimate grounds which override your rights and interests such as, without limitation your own health and safety or the health and safety of any other person(s) such as that of your Child whose data is in our possession, or the legitimate interest of our organisation and/or the public or that we need the Personal Data to establish, exercise or defend legal claims

9.13 For the purposes of this Agreement and our Privacy Policy, which should be read in conjunction with this Agreement:

• ‘Data Protection Laws’ shall refer to the UK GDPR (General Data Protection Regulations)(the retained EU law version of the General Data Protection Regulation (EU) 2016/679), as it forms part of the law of England and Wales, Scotland, and Northern Ireland by virtue of section 3 of the European Union (Withdrawal) Act 2018), the UK Data Protection Act 1998, the GDPR and any/other data protection legislation that applies to the Parties
• *Personal Data shall have the definition given to it in Article 4(1) of the UK GDPR i.e. ,‘Personal Data’ means any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier, or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
• Special Category Personal Data refers to Personal Data that is more sensitive, and therefore requires more protection and additional reasons for its processing.
• ‘Child’/ ‘Children’ refer to individuals below the age of 18 years

10. Disclaimers

10.1 The contents of our website such as text, information, graphics, statistics, images, blogs, and any other content made available through our website (‘the Content’) are for informational purposes only. The Content is not intended to be a substitute for therapy or coaching, professional medical advice, diagnosis, or treatment. We therefore assume no liability if a member relies on informative articles and/or Content published and made available on our website.

10.2 Our services and/or talks and masterclasses delivered by our members and guest speakers do not constitute professional advice, whether medical and/or otherwise and are not intended to be a substitute for any kind of professional advice, medical or otherwise, diagnosis, or treatment. Neither our services nor talks and masterclasses delivered by our members and guest speakers involve therapy, psychiatric and/or any medical treatment or diagnosis. Our services and/or the talks and masterclasses of our guest speakers should therefore not be relied upon as therapy or treatment in lieu of therapy or treatment that one would normally seek from a qualified medical expert.

10.3 Sometimes our members ask for referrals, as a result of which we may recommend certain individuals and/or businesses as service providers. As a general rule we do not earn any referral fee. Any referrals made by us will be to serve our members’ best interests. We may undertake partnership or collaboration arrangements with other professional organisations where there may be payment involved for referral. In such circumstances it will always be declared in advance as such. However, it is in your sole discretion whether or not to purchase the services of persons recommended by us. Since referrals merely constitute recommendations, we cannot make any warranties as to the quality of services nor can we guarantee that you will find the referral suitable. We do not assume liability for the referrals we make nor for the services provided by persons recommended by us.

10.4 We use payment gateways on our website in their capacity of service providers only, i.e., we use the payment gateway platforms to help facilitate payments and transactions on our website, and we do not have any further association with them. As such, we are not responsible for how they collect and store your personal information, including any Personal Data. Should you wish to use a payment gateway for the purchase of our services please familiarise yourself with their respective terms and conditions and privacy policy, the links to which are as below:

• PayPal – Terms and Conditions, Privacy Policy
• Stripe – Terms and Conditions, Privacy Policy

10.5 While we are confident in the products and services offered by every member of the NW8 Mums group, we are not directly liable for the quality of such products and/or services, and/or for the acts or omissions of our members.

10.6 When we list member profiles on our website/in our members’ directory, social media and/or our newsletters we have permission to do so. Other members are requested not to misuse any such information or images belonging to fellow members. Sometimes as part of the members’ listing, we may add their logo. We disclaim all rights to the Intellectual Property in our members’ trade marks, logos and description provided by them. Members are the owners of Intellectual Property Rights to their trade marks, logos and description.

11. Limitation of Liability

11.1 Except as stated in these terms and conditions, we make no guarantees, representations or warranties of any kind or nature, explicit or implicit with respect to the services we provide.

11.2 We do not assume liability or responsibility for the membership benefits that our members derive from our services, as, they depend on a number of factors including without limitation, the member’s own commitment, discipline, motivation and dedication towards their membership goals.

11.3 We shall not be liable for any consequences suffered by a member or any third party, where they have failed to disclose relevant information to the directors of NW8 Mums, and where the lack of such disclosure affects their membership.

11.4 Nothing in these terms and conditions limits or excludes either Party’s liability for any liability that cannot be limited or excluded by applicable law.

11.5 Subject to clauses 11.4 and 13.1 (Indemnification), neither Party shall have any liability to the other Party, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with these terms and conditions for:

• loss of profits
• loss of sales or business
• loss of agreements or contracts
• loss of anticipated savings
• loss or damage to goodwill or reputation
• loss of use or corruption of software data or information
• any indirect, or consequential loss

11.6 Subject to the terms outlined in clause 10 (Disclaimers) and this clause 11 (Limitation of Liability) and notwithstanding any damages that you may incur, our entire liability under these terms and conditions, and your exclusive remedy, shall not exceed the total membership fees paid by you in the immediately preceding 12 months, i.e., in the 12 months preceding the date on which the liability arose.

11.7 We do not warrant that our services, information, or content, included on or otherwise made available to you through our servers or electronic communication sent by us are free of viruses or other harmful components. We will not be liable for any damages of any kind arising from the use of our services, or from any information or content and/or services, included on or otherwise made available to you through our website, including, but not limited to direct, indirect, incidental, punitive and consequential losses and/or damages, unless otherwise specified in writing.

11.8 We will not be responsible for delays outside our control. If the supply of services is delayed by an event outside our control, such as a Force Majeure Event, we will contact you as soon as possible to let you know and we will take steps to minimise the impact of the delay. Provided that we do this, we will not be liable for delays caused by the event. Should there be a risk of substantial delay (30 days or more) you may contact us so that we may mutually determine the possibility of terminating your membership in accordance with clause 5.4 and processing a refund pro-rata to the membership period not used.

11.9 Our members are not permitted to use our content, material and/or programs (together ‘our Material’) for distribution to third parties. Should you make unauthorised use of our Material for servicing or for distribution to third parties we will not be held liable for the consequences thereof.

11.10 If you bring your Child/Children along to an event being organised by NW8 Mums, you agree to supervise and look after your Child, ensuring that your Child is within your sight at all times, and that the Child’s health and safety is not being compromised in any way. We will not be liable for any consequences when you bring your Child along to any of our events.

12. Warranties

12.1 Each Party warrants that it has the legal capacity to enter into this Agreement, and that by doing so it is not, and will not be in breach of any other contractual obligations it is subject to.

12.2 You warrant that all the information that you provide to NW8 Mums is accurate, complete and not misleading.

12.3 Where you share information about your Child/minor, you warrant that you are the parent and/or authorised guardian of the Child/minor.

12.4 All of the Parties’ liabilities and obligations relating to these terms and conditions are expressly outlined here. To the maximum extent permitted by applicable law, no other terms concerning the subject matter of these terms and conditions are implied here or in any related contract.

13. Indemnification

13.1 In the event a Party breaches its obligations relating to:

• Intellectual Property under the provisions of clause 15
• Confidentiality under the provisions of clause 8
• Data Protection under the provisions of clause 9
• Its warranties outlined in clause 12
• Refraining from engaging in acts and/or omissions that are detrimental to these terms and conditions and/or NW8 Mums and/or its members, and/or acts and/or omissions that bring NW8 Mums and/or its members into disrepute and/or constitute defamation against NW8 Mums and/or its members, the breaching Party shall indemnify the non-breaching Party, and shall hold its representatives harmless, against any claims, including third party claims, damages, expenses, losses and costs including legal costs (‘Losses’) arising from or in connection with the breach of its obligations under the provisions of this clause 13.1 of the terms and conditions.

14. Insurance

14.1 We are insured by insurers of recognised financial responsibility against such losses and risks and in such amounts as are prudent and customary in the business in which we are engaged.

14.2 We do not have any reason to believe that we will not be able to renew our existing insurance cover as and when such cover expires or to obtain similar cover from similar insurers as may be necessary to continue our business without a significant increase in cost.

15. Intellectual Property

15.1 You agree that all Material is owned exclusively by NW8 Mums, and all the trade marks, logos and content published on our website are the sole and exclusive property of NW8 Mums or that of its members who have expressly consented to/licensed the use of their Intellectual Property to us.

15.2 You may refer to the Material for reference and information purposes only and/or for the purposes of receiving our services under these terms and conditions. However, you are not permitted to reproduce, publish, distribute, or communicate to third parties our Material. Doing the above-mentioned acts without our express consent will constitute a violation of our Intellectual Property Rights, entitling us to seek indemnification under clause 13.1 as well as remedies available at law and/or equity.

16. Notices

16.1 All notices and communication required or permitted under these terms and conditions shall be in writing and shall be either delivered by hand or sent by registered or certified mail, postage prepaid, return receipt requested, facsimile transmission with confirmed answer back, or by electronic mail with confirmation of receipt or where no confirmation of receipt is provided it shall be deemed delivered unless the sender receives a delivery failure notification, at the respective addresses, electronic addresses and numbers provided by the Parties to each other.

For the purposes of sending and receiving notices via email our contact details are as below:

Details of NW8 Mums
Email: hello@nw8-mums.com

16.2 A notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these terms and conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

16.3 Where a notice is hand delivered it shall be deemed delivered at the time of delivery. Where a notice is sent by prepaid or registered post it shall be deemed delivered on the third Business Day from the date of dispatch, and if posted via an international courier on the fifth Business Day from the date of dispatch. Where a notice is transmitted via facsimile or via email, it will be deemed delivered at the time of transmission, unless the sender receives a delivery failure notification. A notice will be deemed delivered on a particular day if it is on a Business Day between business hours, i.e., 9.00 am – 5.00 pm at the place of delivery. If a notice is delivered on a day that is not a Business Day or beyond 5.00 pm on a Business Day, it shall be deemed delivered on the following Business Day.

For the purposes of this Agreement, a ‘Business Day’ refers to a day (other than a Saturday or Sunday or public holiday) when clearing banks in the City of London are open for non-automated commercial transactions.

17. Dispute Resolution and Governing Law

17.1 These terms and conditions shall be governed and construed in accordance with the Laws of England and Wales.

17.2 If you have a complaint or grievance, please email us at hello@nw8-mums.com in the first instance. NW8 Mums’ directors Karin and Zehra will try their best to help resolve the issue in an amicable way. The attempt to bring about an amicable settlement shall be considered to have failed as soon as one of the Parties, after reasonable attempts, (which attempts shall continue for at-least 30 (thirty) calendar days from the date of the dispute having arisen) gives a notice thereof to the other Party in writing. For the purposes of this Agreement, a dispute shall be deemed to have arisen on the day one of the Parties notifies the other in writing, of a problem or concern or complaint.

17.3 If, for any reason, such a dispute cannot be resolved amicably by the Parties, the same shall then be referred to and settled by way of mediation, wherein a sole mediator shall be mutually appointed by the Parties in dispute. The mediator shall be a neutral person with no ties to either party and should have an experience of at-least 12 months’ in resolving commercial disputes. The costs of appointing a mediator shall be shared equally by the Parties. The settlement arrived at as a result of mediation shall to the extent possible and permissible, be upheld by the Parties. The Parties must ensure that the settlement agreement is in writing.

17.4 Should the mediation fail any dispute arising out of or in connection with these terms and conditions, including any question regarding their existence, validity or termination, shall be referred to the exclusive jurisdiction of the courts of England and Wales.

18. Miscellaneous

18.1 Variations- We are entitled to make amendments to these terms and conditions without prior notice. Members are therefore advised to read our terms and conditions regularly for the most up to date version of terms and conditions.

18.2 Restriction on assignment- No member may assign, transfer or sub-contract to any third-party the obligations, liabilities and/or rights and benefits of their membership without the prior written consent (not to be unreasonably withheld) of NW8 Mums.

18.3 Severance- if any court or competent authority finds that any provision, or part provision of these terms and conditions is invalid, illegal or unenforceable, such provision or part-provision will, to the extent required, be deemed to be severed from the Agreement, such that the validity and enforceability of the other provisions of these terms and conditions are not affected.

18.4 Waiver- A delay or failure by NW8 Mums and/or its directors on behalf of NW8 Mums to exercise its rights or remedies against a member shall not constitute a waiver of such rights and remedies. A waiver of rights and remedies by a Party shall be effective only if it is in writing and is signed by the Party against whom the waiver is being exercised. A waiver of rights and remedies on one occasion shall not be deemed to be an ongoing waiver of rights and remedies and a waiver of a particular right or remedy shall not be deemed a waiver of any other rights or remedies.

18.5 Contracts (Rights Of Third Parties) Act 1999- For the purposes of the Contracts (Rights of Third Parties) Act 1999 the Parties agree that they do not intend any of these terms and conditions to be enforceable by any third party who but for that Act would not have been entitled to enforce such terms.