ÉVÉNEMENTS 2016

ÉVÉNEMENTS 2016

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Silvia DALVIT MÉNABÉ

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TERMS AND CONDITIONS

Please take a moment to read the Terms and Conditions for the use of the Babybrains® website and service. Click "I agree" to access our science-based fun content.

Background

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:

Account 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;
Babybrains means Babybrains Limited with registered company number 10092679 of registered business address Flat 34, Buckingham Mansions, 353 West End Lane, London, NW6 1LS;
Content 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;
Payment Information 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;
Purchase Information means collectively any orders, invoices, receipts or similar that may be in hard copy or electronic form;
Premises 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;
System 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
Website 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 silvia@baby-brains.com 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;

7.1.5       the means by which you identify yourself must not violate these terms of use or any applicable laws;

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.             accounts

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.         payment

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.

13.         privacy

Use of the Website and/or Service is also governed by our Privacy Policy which is incorporated into these terms and conditions by this reference. To view the Privacy Policy, please click on the link above.

14.         disclaimers

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.

20.         notices

All notices / communications shall be given to us either by post to our Premises (see address above) or by email to silvia@baby-brains.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.

DATED 21/02/2017

___________________________________________________________

PRIVACY AND SECURITY POLICY FOR BABYBRAINS

__________________________________________________________

 

 

1.    INTRODUCTION

 

  • This constitutes the Privacy and Security Policy of Babybrains Limited a company registered in England and Wales with registered company number 10092679 of registered business address Flat 34, Buckingham Mansions, 353 West End Lane, London, NW6 1LS (“Babybrains”), the owner of baby-brains.com (the “Website”) and provider of 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.

 

  • If you continue to browse and use our Website, you are agreeing to comply with and be bound by the following Privacy and Security Policy in full, which together with our Terms of Use govern the relationship between us and you in relation to your use of our Website. If you disagree with any part of this Privacy and Security Policy, you must not use our Website.

 

  • Babybrains is subject to all applicable laws and regulations relating to the protection of personal data and privacy in the United Kingdom including (without limitation) the EU Data Protection Directive 95/46/EC, the EU Directive on privacy and Electronic Communications 2002/58/EC, the Data Protection Act 1998, the Privacy and Electronic Communications (EC Directive) Regulations 2003, the Regulation of Investigatory Powers Act 2000, the Data Protection (Processing of Sensitive Personal Data) Order 2000 and all other industry guidelines (whether statutory or non-statutory) or Codes of Practice issued by the Information Commissioner relating to the processing of personal data or privacy or any amendments and re-enactments thereof.

 

  • We are committed to safeguarding the privacy of our Website users; this policy sets out how we will treat your personal information.

 

  • Our Website uses cookies. We will ask you to consent to our use of cookies in accordance with the terms of this policy when you first use our Website.

 

2.    WHAT INFORMATION IS COLLECTED

 

  • If you are merely visiting the public areas of our Website we do not collect any personal data about you; however, we may automatically collect information about your visits, such as user traffic patterns and site use. Information collected in this way does not reveal your contact details or any type of personal data. This information is only used in aggregate form to analyse, manage, develop and improve our Website and is not linked to any individual.

 

  • We collect personally identifiable information only when voluntarily submitted by you. If you choose to partake in certain activities including but not limited to, filling out a survey or applying for an offer, you will be asked to supply some information about yourself, including but not limited to your name, address, phone number and email address.

 

  • We collect the details provided by you on registration together with information we learn about you from your use of our Website. We also collect information about the transactions you undertake including details of payment cards used.

 

  • We may also collect additional information in connection with information you provide when giving us feedback or completing profile forms.

 

3.    HOW INFORMATION IS COLLECTED

 

  • We collect data from information supplied by you. When you give us your email address, you are asked to let us know how it can be used. You may ‘opt in’ to receive regular email newsletters that contain information we believe to be of value to you, specifically regular content updates, events, special discounts and offers selected by our marketing department.

 

  • All marketing emails will contain a link to opt out of further communications from us. If you make a purchase via our Website the assumption may be made that you will be interested in similar products and you may receive emails with information about these products. All marketing emails will contain a link to ‘opt out’ of further communications from us.

 

  • We may also use cookie and tracking technology depending on the features offered. Cookie and tracking technology are useful for gathering information such as browser type and operating system, tracking the number of and activities of users of our Website. Cookies can also help customise our Website for users. We use cookies to track user usage on our Website. From time to time, we may use ad servers (such as DoubleClick) to serve advertisements on our Website. Ad servers use cookies to help target relevant ads to users.

 

  • Personal information cannot be collected via cookies and other tracking technology; however, if you previously provided personally identifiable information, cookies may be tied to such information. “Cookies” are small pieces of information sent by a web server to a web browser, which enables the server to collect information from the browser.

 

  • We may also use cookies for a number of other purposes, for instance to enable us to simplify the logging on process for users who have created an account (“Registered Users“), to help ensure the security and authenticity of Registered Users, to provide the mechanisms for improving and monitoring experiences and to enable traffic monitoring.

 

  • Non-registered users of the site are sent anonymous cookies to keep track of their browsing patterns and build up a demographic profile. In addition, any user who has clicked on any advertisement on another site that links to the Website will be sent anonymous cookies that will allow us to analyse advertising effectiveness and manage our relationship with affiliate sites.

 

  • Whilst you do not need to allow your browser to accept cookies in order to browse the majority of our Website, you must have cookies enabled if you wish to shop online or access any areas reserved for Registered Users. Most browsers allow you to turn off the cookie function. If you want to know how to do this, please look at the help menu on your browser.

 

  • Cookies on our Website cannot be used by themselves to identify you and you can accept or decline cookies by modifying the settings in your browser.

 

4.    USE OF INFORMATION

 

  • Personal information submitted to us via our Website will be used for the purposes specified in this Privacy and Security Policy or in relevant parts of our Website.

 

  • We may use your personal information to:

 

  • administer our Website;
  • enable your use of our Website;
  • send statements and invoices to you, and collect payments from you;
  • send you general (non-marketing) commercial communications;
  • send you email notifications which you have specifically requested;
  • send to you our newsletter and other marketing communications relating to our business or the businesses of carefully-selected third parties which we think may be of interest to you by email or similar technology (you can inform us at any time if you no longer require marketing communications);
  • deal with enquiries and complaints made by or about you relating to our Website; or
  • keep our Website secure and prevent fraud.

 

  • Where you submit personal information for publication on our Website, we will publish and otherwise use that information in accordance with the licence you grant to us.

 

  • We may use your information to send you offers and news about our products and services. Your information may be passed to and used by all Babybrains licensees and affiliates.

 

  • From time to time we will be entering into commercial agreements with third party suppliers to provide additional features, goods or services via our Website. Those third-party suppliers may provide all or part of our service to you. Unless you expressly opt out, any personal data that you provide when signing up on a co-branded page will be shared with the third-party supplier in question.

 

  • We may also use and disclose information in aggregate (so that no individual users are identified) for marketing and strategic business purposes and aggregate cookie and tracking information may be shared with third parties.

 

  • We will not without your express consent provide your personal information to any third parties for the purpose of direct marketing.

 

5.    DISCLOSURE OF INFORMATION

 

  • We may disclose information about you to any of our employees, officers, agents, suppliers or subcontractors insofar as reasonably necessary for the purposes as set out in this Privacy and Security Policy.

 

  • In addition, we may disclose your personal information:

 

  • to the extent that we are required to do so by law;
  • in connection with any legal proceedings or prospective legal proceedings;
  • to establish, exercise or defend our legal rights (including providing information to others for the purposes of fraud prevention and reducing credit risk);
  • to the purchaser (or prospective purchaser) of any business or asset that we are (or are contemplating) selling; and
  • to any person who we reasonably believe may apply to a court or other competent authority for disclosure of that personal information where, in our reasonable opinion, such court or authority would be reasonably likely to order disclosure of that personal information.

 

  • Except as provided in this Privacy and Security Policy, we will not provide your information to third parties.

 

6.    INTERNATIONAL DATA TRANSFERS

 

  • Information that we collect may be stored and processed in and transferred between any of the countries in which we operate to enable us to use the information in accordance with this Privacy and Security Policy.

 

  • Information which you provide may be transferred to countries (including but not limited to the United States, Japan, Canada, Australia, New Zealand, South Africa and China) which do not have data protection laws equivalent to those in force in the European Economic Area.

 

  • In addition, personal information that you submit for publication on our Website will be published on the internet and may be available, via the internet or across mobile applications, around the world. We cannot prevent the use or misuse of such information by others.

 

  • You expressly agree to such transfers of personal information.

 

7.    SECURITY OF INFORMATION

 

  • We will take reasonable technical and organisational precautions to prevent the loss, misuse or alteration of your personal information.

 

  • Of course, data transmission over the Internet is inherently insecure, and we cannot guarantee the security of data sent over the Internet.

 

  • You are responsible for keeping your password and user details confidential. We will not ask you for your password (except when you log in to our Website).

 

8.    AMENDMENTS

 

  • We may update this Privacy and Security Policy from time-to-time by posting a new version on our Website. You should check this page occasionally to ensure you are happy with any changes.

 

  • We may also notify you of changes to this Privacy and Security Policy by email.

 

9.    YOUR RIGHTS

 

You may instruct us not to process your personal information for marketing purposes, by sending an email to us. In practice, you will usually either expressly agree in advance to our use of your personal information for marketing purposes, or we will provide you with an opportunity to opt-out of the use of your personal information for marketing purposes.

 

10. THIRD PARTIES

 

The Website contains links to other websites. We are not responsible for the privacy policies or practices of third party websites.

 

11. UPDATING OF INFORMATION

 

Please let us know if the personal information which we hold about you needs to be corrected or updated.

 

12. CONTACT

 

If you have any questions about this Privacy Policy or our treatment of your personal information, please write to us by email to silvia@baby-brains.com.

 

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