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Terms and conditions

This page (together with our Privacy Policy, website Terms of Use and Acceptable Use Policy) tells you information about us and the legal terms of use (“Terms of Use”) on which we provide and you may make use of our “Mummy Social” application for mobile devices (“App”), being a social networking service for mums and mums-to-be described on our website www.mummysocial.com, to you (the “Service”). Please read these Terms of Use carefully before you download, install or use the App. By downloading, installing or using the App, you are agreeing to these Terms of Use; if you are unable to abide by these provisions in full, you should cease using the App. References in these Terms of Use to the Service include the content which appears on the App and on our website (“Content”).

These Terms of Use will apply to any contract between us for the supply of the Service; in relation to the download and installation of the App, our end-user license agreement terms (“EULA”) will also apply (collectively, the “Contract”).

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

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

Our Terms of Use are set out below; please also refer to our EULA if you wish to download our App.

1. INFORMATION ABOUT US AND HOW TO CONTACT US

1.1 We operate the social networking service, “Mummy Social” for mums and mums-to-be. 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 of Use 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 for use of the App.

1.4 When we refer, in these Terms of Use, to “in writing” or “written”, this will include email.

2. THE SERVICE, DOWNLOADING THE APP AND REGISTRATION

2.1 We will supply the Service to you from the date on which you download the App, accept our EULA terms and you receive Registration Confirmation as described in clause 5.2 below.

2.2 We do not accept Service users from outside the UK.

2.3 By downloading the App and subsequently becoming 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; and

2.4 By downloading the App and subsequently becoming 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 franchisor 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 of Use 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 &rt; 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 will not use the App or submit or share any Content via our Services that violates any law or other regulation applicable to you or us, or which may reasonably be considered as misleading, likely to take unfair advantage of another User, or is obscene, indecent, pornographic, racist, discriminatory, offensive, derogatory, harmful, abusive, hateful, defamatory or similar.

2.10 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.

2.11 You acknowledge that the complete privacy of your data and messages transmitted over the internet while using the Service cannot be guaranteed.

2.12 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.

2.13 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.

2.14 Registration for the Service is conducted in the English language only.

3. USE OF THE APP

In relation to your download and use of the App and the Service, the license granted to you is limited to a non-transferrable license for use of the App on a mobile device that you own or control, in accordance with these Terms of Use. Your use of our site is governed by our website Terms of Use and 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

Please refer to our Privacy Notice about how we collect, store and process personally-identifiable information. We will only use this information in accordance with our policy, the current version of which is available at: https://mummysocial.com/site/privacyPolicy. We are a ‘data controller’ within the meaning of relevant data protection laws. Please take the time to read our Privacy Notice, as it includes important information which applies to you.

5. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US

5.1 After you register on the App, 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 of the App 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 (“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 for the purposes of our business and promoting our interest, 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 website, from the App or to 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 App (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 App 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 App to promote or advertise any business from the user functions within the App, 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 our website;

(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 of Use (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 vary or amend these Terms of Use from time to time; without limiting our reasons for doing so, this may arise from any changes in relevant laws and regulatory requirements.

7.2 If we have to revise these Terms of Use 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 make no warranty that your access to the App or its availability will be uninterrupted, notwithstanding any inconvenience this may cause; you accept and acknowledge that, from time to time, we may have to suspend the Services or the availability of the App 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 of Use will affect these legal rights.

9. OUR STATUS – IMPORTANT INFORMATION

9.1 We may provide links via the App to the websites or applications of other businesses, whether affiliated with us or not; alternatively, these may be referred to in Content. We cannot give any undertaking that products or services you purchase from third parties following use of the App, 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 exercising 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 through the App (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 App 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 App (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 of Use, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of the Terms of Use or our negligence, but we are not responsible for any loss or damage that is not foreseeable, which shall be deemed to include consequential or indirect loss or damage. 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.

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 via the App. 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 via the App, 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 of Use:

(a) We will contact you as soon as reasonably possible to notify you; and

(b) Our obligations under these Terms of Use 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 own or license all intellectual property rights, including copyright and trademarks, in all material available via the App, our logo, get-up and brand.

14.2 You agree not to interfere with, disrupt, damage or attempt to disassemble or reverse-engineer the App or any related software use in the provision of the App.

14.3 You agree not to copy, reproduce, copy or publish any Content or any other part of the App without our prior written consent.

14.4 You may not use any part of the Content, our intellectual property or other information from the App for any commercial purpose without obtaining a prior license from us to do so.

14.5 You may download or print off extracts from the App for your own personal use or record but no further or other licenses are granted or implied.

14.6 Your use of and access to the App and the latest Content must comply with all relevant laws and third party terms; for example, terms of use of any mobile internet connection, wireless data services or otherwise.

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 of Use. 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 of Use 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 of Use 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 of Use, 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 of Use 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.