- DEFINITIONS and interpretation 1
- intellectual property 2
- third party intellectual property 2
- fair use of intellectual property 2
- links to other websites 2
- links to this website 2
- use of communications facilities 2
- accounts 3
- termination and cancellation 4
- payment 4
- services, pricing and availability 4
- provision of services 4
- privacy 5
- disclaimers 5
- changes to the services and these terms and conditions 5
- availability of the website 6
- limitation of liability 6
- no waiver 6
- previous terms and conditions 6
- notices 6
- law and jurisdiction 7
This agreement applies as between you, the User of this Website and/or Service and Babybrains Limited, the owner(s) of this Website and Service. Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of the Website and/or Service. If you do not agree to be bound by these Terms and Conditions, you should stop using the Website and/or Service immediately. No part of this Website and/or Service is intended to constitute a contractual offer capable of acceptance. Your order constitutes a contractual offer and our acceptance of that offer is deemed to occur upon our sending a dispatch email to you indicating that your order has been fulfilled and is on its way to you.
1. DEFINITIONS and interpretation
In this agreement, the following words shall have the following meanings:
||means collectively the personal information, Payment Information and credentials used by Users to access paid Services, Content and/or any communications System on the Website and/or Service;
||means Babybrains Limited with registered company number 10092679 of registered business address Flat 34, Buckingham Mansions, 353 West End Lane, London, NW6 1LS;
||means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website and/or Service;
||means any details required for the purchase of Services from this Website. This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes;
||means collectively any orders, invoices, receipts or similar that may be in hard copy or electronic form;
||means our registered offices at Flat 34, Buckingham Mansions, 353 West End Lane, London, NW6 1LS;
|Service / Services
||means collectively any online facilities, tools, services or information that Babybrains makes available through the Website either now or in the future, including but not limited to mobile applications that utilise Website functionality;
||means any online communications infrastructure that Babybrains makes available through the Website and/or Service either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
|User / Users
||means any third party that accesses the Website and/or Service and is not employed by Babybrains and acting in the course of their employment; and
||means the website that you are currently using (baby-brains.com) and any sub-domains of this site (e.g. subdomain.baby-brains.com) unless expressly excluded by their own terms and conditions.
2. intellectual property
2.1 Subject to the exceptions in Clause 3 of these Terms and Conditions, all Content included on the Website and/or Service, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Babybrains, our affiliates or other relevant third parties. By continuing to use the Website and/or Service you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.
2.2 Subject to Clause 4 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website and/or Service unless otherwise indicated on the Website and/or Service or unless given express written permission to do so by Babybrains.
3. third party intellectual property
3.1 Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.
3.2 Subject to Clause 5 you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Website and/or Service or unless given express written permission to do so by the relevant manufacturer or supplier.
4. fair use of intellectual property
Material from the Website and/or Service may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.
5. links to other websites
This Website and/or Service may contain links to other sites. Unless expressly stated, these sites are not under the control of Babybrains or that of our affiliates. We assume no responsibility for the content of such Websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website and/or Service does not imply any endorsement of the sites themselves or of those in control of them.
6. links to this website
Those wishing to place a link to this Website on other sites may do so only to the home page of the site baby-brains.com without prior permission. Deep linking (i.e. links to specific pages within the site) requires the express permission of Babybrains. To find out more please contact us by email at firstname.lastname@example.org or by post to Babybrains Limited, Flat 34, Buckingham Mansions, 353 West End Lane, London, NW6 1LS.
7. use of communications facilities
7.1 When using the enquiry form or any other System on the Website and/or Service you should do so in accordance with the following rules:
7.1.1 you must not use obscene or vulgar language;
7.1.2 you must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
7.1.3 you must not submit Content that is intended to promote or incite violence;
7.1.4 it is advised that submissions are made using the English language as we may be unable to respond to enquiries submitted in any other languages;
7.1.6 you must not impersonate other people, particularly employees and representatives of Babybrains or our affiliates; and
7.1.7 you must not use our System for unauthorised mass-communication such as “spam” or “junk mail”.
7.2 You acknowledge that Babybrains reserves the right to monitor any and all communications made to us or using our System.
8.1 In order to use this Website and/or Service, including use of the forum facilities, you are required to create an Account which will contain certain personal details and Payment Information which may vary based upon your use of the Website and/or Service as we may not require payment information until you wish to make a purchase. By continuing to use this Website and/or Service you represent and warrant that:
8.1.1 all information you submit is accurate and truthful;
8.1.2 you have permission to submit Payment Information where permission may be required; and
8.1.3 you will keep this information accurate and up to date. Your creation of an Account is further affirmation of your representation and warranty.
8.2 It is recommended that you do not share your Account details, particularly your username and password. Babybrains accepts no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.
8.3 If you have reason to believe that your Account details have been obtained by another without consent, you should contact Babybrains immediately to suspend your Account and cancel any unauthorised orders or payments that may be pending. Please be aware that orders or payments can only be cancelled up until provision of Services has commenced. In the event that an unauthorised provision commences prior to your notifying us of the unauthorised nature of the order or payment, Babybrains will suspend provision of Services and the withdrawal of any scheduled payments pending investigation. Following investigation, it shall be determined whether or not to cancel the Services and make a full or partial refund of the payment.
8.4 When choosing your username you are required to adhere to the terms set out above in Clause 7. Any failure to do so could result in the suspension and/or deletion of your Account.
9. termination and cancellation
9.1 Either Babybrains or you may terminate your Account. If Babybrains terminates your Account, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, we reserve the right to terminate without giving reasons.
9.2 If Babybrains terminates your Account, any current or pending orders or payments on your Account will be cancelled and provision of Services will not commence.
9.3 Babybrains reserves the right to cancel orders or payments without stating reasons, for any reason prior to processing payment or commencing Services provision.
9.4 If orders or payments are cancelled for any reason prior to commencement of Services provision you will be refunded any monies paid in relation to those purchases.
9.5 If you terminate your Account any non-completed orders or payments will be cancelled and you will be refunded any monies paid in relation to those orders.
10.1 Any and all monies are due for payment on completion of the order or on the dates, or intervals specified in that order as may be appropriate, unless alternative arrangements are agreed between the Purchaser and Babybrains.
11. services, pricing and availability
11.1 Whilst every effort has been made to ensure that all descriptions of Services available from Babybrains correspond to the actual Services, Babybrains is not responsible for any variations from these descriptions. This does not exclude our liability for mistakes due to negligence on our part and refers only to variations of the correct Services, not different Services altogether. Please refer to sub-Clause 12.4 for incorrect Services.
11.2 Where appropriate, you may be required to select the required Services.
11.3 All pricing information on the Website and/or Service is correct at the time of going online. Babybrains reserves the right to change prices and alter or remove any special offers from time to time and as necessary. All pricing information is reviewed and updated every calendar month.
11.4 In the event that prices are changed during the period between an order being placed for Services and Babybrains processing that order and taking payment, provision of Services shall commence as per your order and you will be charged the original price.
12. provision of services
12.1 Provision of Services shall commence when full payment has been received or as otherwise detailed in the Terms & Conditions pertaining directly to those Services.
12.2 BabyBrains shall use its best endeavours to provide the Services with reasonable skill and care.
12.3 Provision of all Services shall be subject to the terms and conditions pertaining directly to those Services.
12.4 In the event that Services are provided that are not in conformity with your order and thus incorrect, you should contact us within 10 days to inform us of the mistake. Babybrains will ensure that any necessary corrections to the Services provided are made within 7 working days.
12.5 Babybrains reserves the right to exercise discretion with respect to any alterations to Services under the provisions of this Clause 12. Factors which may be taken into account in the exercise of this discretion include, but are not limited to:
12.5.1 Any use or enjoyment that you may have already derived from the Services;
12.5.2 Any characteristics of the Services which may mean that cessation of provision is impossible without significant further work on the part and at the expense of Babybrains. Such discretion to be exercised only within the confines of the law.
14.1 Babybrains makes no warranty or representation that the Website and/or Service will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Services.
14.2 No part of this Website and/or Service is intended to constitute advice and the Content of this Website and/or Service should not be relied upon when making any decisions or taking any action of any kind.
14.3 No part of this Website and/or Service is intended to constitute a contractual offer capable of acceptance.
15. changes to the services and these terms and conditions
Babybrains reserves the right to change the Website and/or Service, its Content or these Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions from the first time you use the Website and/or Service following the changes. If Babybrains is required to make any changes to Terms and Conditions by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.
16. availability of the Website and/or Service
The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. Babybrains accepts no liability for any disruption or non-availability of the Website and/or Service resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
17. limitation of liability
17.1 To the maximum extent permitted by law, Babybrains accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website and/or Service or any information contained therein. Users should be aware that they use the Website and/or Service and its Content at their own risk.
17.2 Nothing in these Terms and Conditions excludes or restricts Babybrains’s liability for death or personal injury resulting from any negligence or fraud on the part of Babybrains.
17.3 Nothing in these Terms and Conditions excludes or restricts Babybrains’s liability for any direct or indirect loss or damage arising out of the incorrect provision of Services or out of reliance on incorrect information included on the Website and/or Service.
17.4 Whilst every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.
18. no waiver
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
19. previous terms and conditions
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
All notices / communications shall be given to us either by post to our Premises (see address above) or by email to email@example.com. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
21. law and jurisdiction
These terms and conditions and the relationship between you and Babybrains shall be governed by and construed in accordance with the Law of England and Wales and Babybrains and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.