- 1. Contract Information
- 2. Understanding Mummylinks
- 3. Grant of right of use
- 4. Prices and payment
- 5. Changes to the agreement
- 6. Privacy
- 7. Intellectual Property Rights
- 8. Prohibited uses
- 9. Breach of agreement
- 10. No warranty
- 11. Limitation of liability
- 12. Technology limitations and modifications
- 13. Third parties
- 14. Indemnity
- 15. Assignment By Mummlinks
- 16. Entire Agreement
- 17. Severability and waiver
- 18. Term and termination
- 19. Governing law and disputes
- 20. Survivorship
- 21. Contact
This document (the “Agreement”) is a legally binding agreement between you and the social enterprise MummyLinks (“MummyLinks”), that governs your use of the online and mobile services associated with MummyLinks, including but not limited to, mummylinks.com, mummylinksapp.com and all associated subdomains (the “Website”), and the MummyLinks mobile application (“App”).
For ease of reference, all the features and functionality of both the App and the Website, together with all its content (whether accessible wirelessly, electronically or downloadable for printing), shall be referred to herein as the “System”.
Please note that you must read and agree to the terms and conditions of this Agreement before you use the System.
The terms “we”, “us”, “our” and “ours” when used in these terms mean MummyLinks, which includes any parent company, subsidiaries, branches or affiliates under common ownership or control of MummyLinks. The terms “you”, “your” and “yours” when used in these terms mean any user of the System.
We have the right to change and update the policies at any time.
1. Contract Information
2. Understanding MummyLinks
You acknowledge and agree that the MummyLinks service is a platform for arranging playdates and that if you choose to meet mums using the platform you are solely responsible for your own safety and the safety of those with you. Should you feel uncomfortable at any point, it is your responsibility to remove yourself and those with your from the situation safely. Please report any concerns you have by emailing [email protected]
3. Grant of right of use
The System is only available to individuals who have been invited by mums currently using the System, those approved into the Facebook group by a mum currently in the Facebook group, or those who sign up at MummyLinks events with children in attendance. Unless otherwise specified, we grant you a non-transferable, revocable right to make personal non-commercial use of the System provided that you comply fully with the provisions of this Agreement.
The System is a free service and must not be used for commercial gain. Should it be found to be used for commercial gain by a mum user that user will be charged for a notification package (see below) or removed from the System.
4. Prices and payment
There is no charge to use MummyLinks as a mum creating free playdates for other local mums.
Should you wish to set up events which will create commercial gain (directly, or indirectly) you will need to sign up to a package of notifications. To discuss packages please email [email protected] No refunds are available once a package is purchased, although upgrades can be arranged.
If a user is found to be using the System inappropriately they will be charged with the appropriate package or removed from the System.
5. Changes to the Agreement
MummyLinks reserves the right to vary this Agreement from time to time by amending this page. Registered user’s will be notified of changes by the email address we have for you on file, or via an app notification. Any material amendments intending to bind an existing user of the System shall become effective 7 days after the email.
To access the MummyLinks service, you are required to register personal information and establish unique usernames and passwords. You are responsible for maintaining the confidentiality of any passwords, and are fully responsible and or liable for all activities that occur under your password and username, whether by you or by anyone else using your identity. Should your password be compromised by breaches of security such as, but not limited to, loss, theft and unauthorized disclosure, it is your responsibility to immediately notify us of the need to change or deactivate the password. Until we are so notified you will remain liable for any unauthorized use of your account.
Social media allows you to upload content in a public area (including, but not limited to, your online group). By submitting such content, you agree that such submission is non-confidential for all purposes. Additionally you automatically grant us, or warrant that the owner of such content or intellectual property has expressly granted us, a royalty free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute and display the content in any media or medium, in any form, format or forum now known or hereafter developed. If you wish to keep any such information private, do not submit them to a public area or email us as soon as practicable. You are solely responsible for any content you submit to a public area, the consequences of posting such content, and your reliance on any other content found in your online group.
7. Intellectual Property Rights
The layout, design, content and graphics on the System are protected by UK and other international copyright laws. Unless expressly permitted in writing and other than printing a small proportion of content or displaying this on your screen or both, (strictly for your personal non-commercial use), no part of the System may be reproduced or stored in any medium, including but not limited to a retrieval system, or transmitted, in any form or by any means (electronic, mechanical, photocopying, recording, broadcasting), nor shown in public. You may not create any derivative work or make any other adaptation, without our prior written consent. You must not modify the copies you have displayed or printed in any way and you may not use any illustrations, photographs, videos or audio sequences or any graphics separately from any accompanying text.
8. Prohibited uses
You agree that you will not use the System to:
- Upload, post, email or otherwise transmit any content or materials that are unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable, at our sole and absolute discretion;
- Harm minors in any way, or solicit or otherwise attempt to gain any information from a minor;
- Impersonate any person or entity, including, but not limited to, any user of this System, a director, officer, employee, shareholder, agent or representative of MummyLinks or our affiliates, or any other person or entity, or falsely state or otherwise misrepresent your affiliation with MummyLinks, our affiliates or any other person or entity
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Postings or other materials transmitted to or through the System
- Upload, post, email or otherwise transmit any materials that are not your own, or that you do not have a right to upload, post, email or otherwise transmit under any law or under contractual or fiduciary relationships (such as insider information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements)
- Upload, post, email or otherwise transmit any content or other materials that infringe upon any patent, trademark, trade secret, copyright, right of privacy or publicity or other proprietary rights of any party
- Upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of commercial solicitation except in the areas, if any that are specifically designated for such purpose
- Upload, post, email or otherwise transmit any content or other materials that contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment
- Disrupt the normal flow of dialog, cause a screen to “scroll” faster than other users of the System are able to type, or otherwise act in a manner that negatively affects or otherwise diminishes the quality of another user’s experience of this System
- Interfere with or disrupt the System or servers or networks connected to the System, or disobey any requirements, procedures, policies or regulations of networks connected to the System
- Intentionally or unintentionally violate any applicable laws and/or regulations
- “Stalk” or otherwise harass another user of the System and/or any employee of MummyLinks
- Solicit, collect or post personal data or attempt to solicit, collect or post personal data about other users of the Website from the Website (including user names or passwords) or about any other third party, and/or:
- Access or attempt to access another user’s account without his or her consent.
- Knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree not to:
- Reproduce, duplicate, copy or re-sell any part of the System in contravention of the provisions of this Agreement.
- Resell access to the System.
- Frame the System or any part of it.
- Copy any material obtained from the System to peer to peer networks or other web sites or web services.
- Access without authority, interfere with, damage or disrupt any part of the System; any equipment or network on which the System is stored; any software used in the provision of the System; or any equipment or network or software owned or used by any third party.
9. Breach of the Agreement
We will determine, in our absolute discretion, whether there has been a breach of this Agreement through your use of the System. When a breach of this Agreement has occurred, we may take such action as we deem appropriate, which may include all or any of the following actions:
- Immediate, temporary or permanent withdrawal of your right to use the System.
- Immediate, temporary or permanent removal of any posting or material uploaded by you to the System.
- Issue a warning notice to you to immediately cease and/or remedy such breach and following receipt such action should be taken immediately.
- Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
- Any further legal action against you.
- Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
We exclude liability for actions taken in response to breaches of this Agreement. The possible actions we may take on breach of this Agreement are not limited to those described here, and we may take any other action we reasonably deem appropriate.
10. No warranty
The use of the System (including but not limited to their content and features) is at your own risk. The System is provided on an “as is” and “as available” basis. To the extent permitted by applicable law, MummyLinks gives no warranty, express or implied, as to the quality, content and availability or fitness for a specific purpose of the System or to the accuracy of the information contained in any of the materials on the System. MummyLinks shall not be liable to any person for any loss or damage of any kind, which may arise, directly or indirectly from the use of or inability to use any of the information contained in any of the materials on the System. There is no guarantee of availability of information on the System at any time, nor that it is up to date or error-free. As with any purchase of a product or service through any medium or in any environment, you should use your judgment and exercise caution where appropriate. No advice or information whether oral or in writing obtained by you from MummyLinks shall create any warranty on behalf of MummyLinks in this regard. Certain jurisdictions do not allow the exclusion or disclaimer of certain warranties. Accordingly, some of the above disclaimers may not apply to you. Your statutory rights as a consumer, if any, are not affected hereby.
11. Limitation of liability
To the fullest extent applicable permitted by applicable laws, MummyLinks, its affiliates, officers, directors, employees, licensors or any third parties exclude liability for any direct, indirect, incidental, special or consequential damages (including but not limited to any loss of data, service interruption, computer failure or pecuniary loss, loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, loss of goodwill, wasted management or office time and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable) arising out of the use of or inability to use the System, even if you have advised MummyLinks about the possibility of such loss, and including any damages resulting therefrom. Commentary and other materials posted on the System by other users are not intended to amount to advice on which reliance should be placed. We therefore, to the fullest extent permitted by applicable laws, disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to the System, or by anyone who may be informed of any of its contents. If any part of this limitation of liability is found to be invalid or unenforceable for any reason, then the aggregate liability of MummyLinks (including any of its affiliates, service providers and licensors) under such circumstance for liabilities that otherwise would have been limited, shall not exceed the price associated with the users MummyLinks service (i.e. zero for a Mum user, and a single notification package for a Business user). Any claims arising out of or in connection with your use of the System must be brought within one year of the date of the event giving rise to such action occurred.
Nothing in this provision affects our or our contractors’ liability for death or personal injury arising from our (or their) negligence nor our (or their) liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter nor any other liability which cannot be excluded or limited under an applicable law.
12. Technology limitations and modifications
MummyLinks will make reasonable efforts to keep the System operational. However, certain technical difficulties, maintenance, or any other cause beyond our reasonable control (including (but not limited to) failure of the internet, natural disaster, labour shortage or dispute, or governmental act) may, from time to time, result in interruptions. MummyLinks reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, functions and features of the System with or without notice. You agree not to hold us liable for any such failure or delay in performance and we agree to make all reasonable efforts to restore the System (or any part thereof) as soon as practicable. Following any disruption within MummyLinks’ reasonable control we shall extend your access to the Paid for Services for at least the duration for which those Paid for Services were inaccessible on written request to the below address.
13. Third parties
Certain hypertext links in this site may lead to other third party websites, which are not under the control of MummyLinks. When you activate any of these you will leave the System and MummyLinks has no control over, and will accept no responsibility or liability, for the material on any website which is not under the control of MummyLinks. MummyLinks does not make any representations or give any guarantee or warranties of any kind, expressed, implied or otherwise about the content of on any external website link.
You agree to indemnify and hold MummyLinks and its officers, directors, employees and licensors harmless from any claim or demand (including but not limited to reasonable legal fees) made by a third party due to or arising out of or related to your violation of the terms and conditions of this Agreement or your violation of the System (and all related materials) or any applicable laws, regulations or third party rights.
15. Assignment by MummyLinks
MummyLinks may assign (or otherwise transfer) this Agreement or any part of it without restrictions. You may not assign (or otherwise transfer) this Agreement or any part of it to any third party.
16. Entire agreement
We reserve the right to revise this document and to make the revised version effective for all personal information that we created or received prior to the effective date of the revised version. If you are a registered user, we will notify you of changes by the email address we have for you on file.
Questions relating to revisions to this Policy may be addressed to the Privacy and Security Officer at [email protected] This Policy will be promptly revised if there is a material change to a policy described herein.
Effective Date: This Policy is effective as of January1st 2018.
17. Severability and waiver
If any provision of the Agreement is held by a court of competent jurisdiction to be unlawful, void or for any reason unenforceable, such provision shall be changed and interpreted to best accomplish the objectives of the original provision fully permitted by law, and the remaining provisions of the Agreement shall remain in full force and effect.
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.
18. Term and termination
This Agreement is between you and us only and will become effective when you start using the System and will remain effective until terminated by you or MummyLinks. MummyLinks reserves the right to terminate this Agreement or suspend your MummyLinks account at any time in case of unauthorized, or suspected unauthorized use of the System whether in contravention of this Agreement or otherwise. If MummyLinks terminates this Agreement, or suspends your MummyLinks account, for any of the reasons set out in this section, MummyLinks shall have no liability or responsibility to you whatsoever.
19. Governing law and disputes
The System is controlled by MummyLinks from its offices in the United Kingdom. Access to, or use of, the System, including any related information and materials, may be prohibited by law in certain jurisdictions. You are responsible for compliance with all applicable laws of the jurisdiction from which you are accessing the System. We make no representation that the information contained herein is appropriate or available for use in other locations.
This Agreement and any contract between us, whether for use of the System or other purpose, and any non-contractual obligations (if any) arising out of or about these terms and conditions or any such contract will be governed by English law. The parties agree that the courts of England have exclusive jurisdiction to settle any dispute arising out of or about this Agreement (including a dispute regarding the existence, validity or termination of this Agreement or any non-contractual obligation arising out of or about this Agreement). Notwithstanding the foregoing, we reserve the right to bring legal proceedings in any jurisdiction where we believe a breach of this Agreement has originated.
The following provisions shall survive termination of this Agreement: Clause 8 (Intellectual Property), Clause 12 (Limitation), Clause 15 (Indemnity), Clause 17 (Entire Agreement), Clause 18 (Severability and waiver) and Clause 20 (Governing Law and Disputes).
You can contact us via the following details:
- Email: [email protected]
Effective Date: This document is effective as of January 1st 2018.