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Terms and conditions

This page (together with our privacy policy https://mummysocial.com/site/privacy-policy , website terms of use https://mummysocial.com/site/website-terms-of-use and acceptable use policy https://mummysocial.com/site/acceptable-use-policy) tells you information about us and the legal terms and conditions (Terms) on which we provide the social networking service for mums and mums-to-be described on our website www.mummysocial.com, to you (the Service). References in these Terms to the Service, include the content on our site (Content).

These Terms will apply to any contract between us for the supply of the Service to you (Contract). Please read these Terms carefully and make sure that you understand them, before registering on our site. Before registering you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to register on our site or use the Service.

You should print a copy of these Terms or save them to your computer for future reference.

We may amend these Terms from time to time as set out in clause 6.

These Terms, and any Contract between us, are only in the English language.

  • 1. INFORMATION ABOUT US AND HOW TO CONTACT US
    • 1.1 We operate the social networking service for mums and mums-to-be via the website www.mummysocial.com (our site). We are Mummy Social Limited, a limited company registered in England and Wales under company number 09196932 and with our registered office and main trading address at 128 High St, Crediton, Devon, EX17 3LQ.
    • 1.2 If you have any questions or if you have any complaints, please contact us by emailing us at josie@mummysocial.com.
    • 1.3 If you wish to contact us in writing, or if any clause in these Terms requires you to give us notice in writing (for example, to cancel the Contract once you have been given access to the Service), you can send this to us by email, by hand, or by pre-paid post to Mummy Social Limited at 128 High St, Crediton, Devon, EX17 3LQ / josie@mummysocial.com. If we have to contact you or give you notice in writing, we will do so by email, by hand or by pre-paid post to the address you provide to us when you register on our site.
    • 1.4 When we refer, in these Terms, to “in writing” or “written”, this will include email.
  • 2. THE SERVICE AND REGISTRATION
    • 2.1 We will supply the Service to you from the date on which we send you the Registration Confirmation as described in clause 5.2 below.
    • 2.2 We do not accept Service users from outside the UK.
    • 2.3 By registering on our site as a registered user, you confirm that:
      • (a) You are legally capable of entering into binding contracts;
      • (b) You are at least 18 years old;
      • (c) You are a mum or a mum-to-be;
      • (d) You are resident in the UK;
      • (e) You are accessing our site from that location.
    • 2.4 By registering on our site as a registered business user, you confirm that:
      • (a) You are legally capable of entering into binding contracts;
      • (b) You are at least 18 years old;
      • (c) You are resident in the UK;
      • (d) You are accessing our site from that location.
      • (e) You are not a franchiser promoting on behalf of multiple franchisees.
    • 2.5 Our registration process allows you to check and amend any errors before submitting your details to us, and we ask you to take the time to read and check your details at each stage of the registration process, and to ensure that you read these Terms carefully. You agree:
      • (a) To provide true, accurate, current and complete information about yourself as prompted by the Service registration process (Registration Details);
      • (b) That, in providing such Registration Details, you will not knowingly omit or misrepresent any material facts or information (including without limitation in relation to your age, sex, status (whether as a mum, mum-to-be or otherwise) or identity);
      • (c) That you will advise us promptly of any changes to your Registration Details (including, but not limited to, your current email address) as soon as they change.
    • 2.6 When you submit your Registration Details to us, we will send you an email confirming receipt of your Registration Details, but this does not require us to accept your registration for the Service (see clause 5 below).
    • 2.7 When you register to use the Service, you will need to enter a unique user name and password to access your account (User ID). You agree that you will not allow another person to use your User ID to access or use the Service under any circumstances. You agree that you are solely and entirely responsible for your User ID and for any charges, damages, liabilities or losses incurred or suffered as a result of your failure to keep it secure. We are not liable for any charges, damages, liabilities or losses caused by or related to the theft of your User ID, your disclosure of your User ID, or you allowing another person to access and use the Service using your User ID.
    • 2.8 Your User ID must not include any of the following:
      • (a) Spaces or tabs;
      • (b) Obscene or profane words;
      • (c) Email addresses or website addresses or representations of email addresses or website addresses;
      • (d) Another user's username;
      • (e) The @, &, ', (, ), <, or > symbols;
      • (f) Consecutive underscores (__);
      • (g) An underscore (_), dash (-) or full stop (.) at the beginning of a username; or
      • (h) The words "Mummy Social".
    • 2.9 You are solely and entirely responsible for any and all use of your account, including any charges incurred relating to the Service. You agree immediately to notify us of any unauthorised use of your account, or any other breach of security known to you.
    • 2.10 You acknowledge that the complete privacy of your data and messages transmitted over the internet while using the Service cannot be guaranteed.
    • 2.11 Your access to the Service may occasionally be restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore the Service as soon as we reasonably can.
    • 2.12 The Service does not include the provision of computer or other necessary equipment to access the Service. To use the Service you will require internet connectivity and appropriate telecommunication links. We will not be liable for any telephone or other costs that you may incur.
    • 2.13 Registration for the Service is conducted in the English language only.
  • 3. USE OF OUR SITE

    Your use of our site is governed by our website terms of use https://mummysocial.com/site/website-terms-of-use and acceptable use policy https://mummysocial.com/site/acceptable-use-policy). Please take the time to read these, as they include important terms which apply to you.

  • 4. HOW WE USE YOUR PERSONAL INFORMATION

    We only use your personal information in accordance with our privacy policy https://mummysocial.com/site/privacyPolicy. Please take the time to read our privacy policy, as it includes important terms which apply to you.

  • 5. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
    • 5.1 After you register on our site, you will receive an email from us acknowledging that we have received your Registration Details. However, please note that this does not mean that your registration has been accepted. Our acceptance of your registration will take place as described in clause 5.2 below.
    • 5.2 We will confirm our acceptance to you by sending you an email confirming that your registration as a registered user on our site has been accepted (Registration Confirmation). The Contract between us will only be formed when we send you the Registration Confirmation.
  • 6. ADDITIONAL OBLIGATIONS FOR REGISTERED USERS
    • 6.1 By registering to use the Service, you acknowledge and agree that:
      • (a) By giving us details, information, photographs and other images relating to you, your family, your friends, or anyone or anything else, for publication on our site (the Information), you grant us a royalty-free, perpetual, irrevocable and non-exclusive right and licence to use, reproduce, distribute, display, modify and edit the Information in connection with the Service, and you warrant and represent that:
        • (i) You have all rights and authority necessary to grant us these rights (including where relevant the permission of any third party such as a family member, friend or other person, or their parent or guardian if they are under 18 years of age, to provide us with the Information); and
        • (ii) You are a private individual acting in your capacity as such.
      • (b) We retain the right at our sole discretion to remove from our site or edit the Information at any time;
      • (c) You are solely responsible for making your own decision and exercising your own judgement regarding whether to trust any other registered user you encounter on our site (including without limitation whether to contact, enter into discussions with, or make arrangements to meet any other registered user), and whether to act on any opinions, recommendations or advice given by them, and we do not accept any liability to you or any third party in this respect. You acknowledge that this is reasonable because we have no way of checking that individuals who register as social users on our site are mums or mums-to-be, or that they are who they say they are, or are qualified or otherwise competent to give any advice or opinions to third parties;
      • (d) You are solely responsible for preparing the Information in good faith, and for ensuring that it is complete and accurate in all respects, and that it is not misleading in any way (including but without limitation in relation to your age, sex, status (whether as a mum, mum-to-be or otherwise), or identity);
      • (e) You will not use the Service or the Website to promote or advertise any business from the user side of the website, whether such business is owned by you or a third party. Businesses may only be promoted from an active business account and from the business area within www.mummysocial.com;
      • (f) If there is any change in relation to the Information, you will promptly inform us of such change.
    • 6.2 You further agree that you will indemnify and keep us indemnified against any and all actions, costs, claims, demands, damages, expenses (including legal fees), liabilities, losses and proceedings in connection with your breach of these Terms (including but without limitation any breach of the provisions of this clause 6), or any claim by a third party in connection with such a breach, or in relation to the Information.
  • 7. OUR RIGHT TO VARY THESE TERMS
    • 7.1 We may amend these Terms from time to time in the event of any changes in any relevant laws and regulatory requirements.
    • 7.2 If we have to revise these Terms under clause 7.1, we will give you at least one month’s written notice of the changes before they take effect. You can choose to cancel the Contract in accordance with clause 8.2.
  • 8. SUSPENSION OR CANCELLATION OF YOUR REGISTRATION AND/OR THE SERVICE
    • 8.1 Access to the Service is made available as soon as we send you the Registration Confirmation described in clause 5.2 above.
    • 8.2 You can cancel your registration at any time by informing us in writing. If you do so, you must stop using the Service immediately.
    • 8.3 We may cancel the Contract:
      • (a) At any time by providing you with at least seven calendar days' notice in writing;
      • (b) At any time with immediate effect by giving you written notice if you break the Contract in any material way and you do not correct or fix the situation within five days of us asking you to in writing.
    • 8.4 We may have to suspend the Services if we have to deal with technical problems. We will contact you to let you know in advance where this occurs, unless the problem is urgent or an emergency.
    • 8.5 We reserve the right to modify or discontinue the Service (or any part of it) without notice to you at any time. Where reasonably practicable, we will try to give you reasonable notice of any discontinuation of the Service.
    • 8.6 As a consumer, you have legal rights in relation to services not carried out with reasonable skill and care, or which are not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
  • 9. OUR STATUS – IMPORTANT INFORMATION
    • 9.1 We may provide links on our site to the websites of other businesses, whether affiliated with us or not. We cannot give any undertaking that products or services you purchase from third parties following a visit to our site, or from businesses to whose website we have provided a link on our site, will be of satisfactory quality.
    • 9.2 We do not in any way vet or screen people who apply to become registered users of our site, and we do not check their identity. Therefore you are solely responsible for making your own decision and exercise your own judgement regarding whether to:
      • (a) Trust any other registered user who you encounter on our site, and we do not accept any liability to such users or to any third party in this respect. You acknowledge that this is reasonable because there is no way that we can check that registered social users of our site are mums or mums-to-be, or that they are who they say they are;
      • (b) Enter into any kind of arrangement or transaction with anyone who you encounter on our site (for example, a social engagement, baby sitting or child minding arrangement). You do so at your own risk, and we accept no liability for any consequences of your taking such a step;
      • (c) Act on any opinions, recommendations or advice given by other registered users, and we do not accept any liability to you or any third party in this respect.
  • 10. OUR LIABILITY TO YOU
    • 10.1 We make no representations as to the validity of any opinion, advice, information or statement contained in any of the Content. Any views expressed do not necessarily represent our views. You are responsible for checking the identity of registered users with whom you make contact through our site or with whom you are considering entering into an arrangement or transaction. You are also responsible for checking the accuracy of relevant facts, information, instructions, suggestions and/or opinions given in any Content before relying on them.
    • 10.2 You are also responsible for making your own decision and exercising your own judgement regarding whether to trust any other registered user you encounter on our site (including without limitation whether to contact, enter into discussions with, or make arrangements to meet any other registered user), and we do not accept any liability to you or any third party in this respect. You acknowledge that this is reasonable because we have no way of checking that individuals who register social users on our site are mums or mums-to-be, or that they are who they say they are.
    • 10.3 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of the Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach, or if they were contemplated by you and us at the time we entered into the Contract.
    • 10.4 We only supply the Service for domestic and private use. You agree not to use the Service for any commercial or business purpose, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. Businesses may only be promoted from an active business account and from the business area within www.mummysocial.com.
    • 10.5 We do not exclude or limit in any way our liability for:
      • (a) Death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors;
      • (b) Fraud or fraudulent misrepresentation; and
      • (c) Any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
  • 11. WRITTEN COMMUNICATIONS

    Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on our site. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This does not affect your statutory rights.

  • 12. NOTICES AND COMMUNICATIONS

    All notices given by you to us must be given to Mummy Social Limited at josie@mummysocial.com. We may give notice to you at either the email or postal address you provide to us when registering on our site, or in any of the ways specified in clause 11 above. Notice will be deemed received and properly served immediately when posted on our site, 24 hours after an email is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.

  • 13. EVENTS OUTSIDE OUR CONTROL
    • 13.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 13.2.
    • 13.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.
    • 13.3 If an Event Outside Our Control takes place that affects the performance of our obligations under these Terms:
      • (a) We will contact you as soon as reasonably possible to notify you; and
      • (b) Our obligations under these Terms will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our provision of the Service, we will restart the Service as soon as reasonably possible after the Event Outside Our Control is over.
    • 13.4 You may cancel the Contract if an Event Outside Our Control takes place and you no longer wish us to provide the Service to you. Please see your cancellation right under clause 8.2. We will only cancel the Contract if the Event Outside Our Control continues for longer than four weeks in accordance with our cancellation rights in clause 8.3.
  • 14. OTHER IMPORTANT TERMS
    • 14.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms. We will always notify you in writing or by posting on this webpage if this happens.
    • 14.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
    • 14.3 This Contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
    • 14.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
    • 14.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
    • 14.6 These Terms are governed by English law. This means a Contract for the provision of the Service to you through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.