TERMS AND CONDITIONS OF USE
OF
www.breastfeedingmums.com
1 ACCEPTANCE
OF TERMS
1.1 Your access to and use of www.breastfeedingmums.com ("the Website")
and any Services referred to in Clause 2, is subject exclusively to these Terms
and Conditions. You will not use the
Website/Services for any purpose that is unlawful or prohibited by these Terms
and Conditions. By using the
Website/Services you are fully accepting the terms, conditions and disclaimers
contained in this notice. If you do not
accept these Terms and Conditions you must immediately stop using the
Website/Services.
1.2 We reserve the right to update or amend
these Terms and Conditions at any time and your continued use of the
Website/Services following any changes shall be deemed to be your acceptance of
such change. It is therefore your
responsibility to check the Terms and Conditions regularly for any changes.
2 THE SERVICES
The Website may provide
communication tools such as email, bulletin boards, chat areas, news groups,
forums and/or other message or communication facilities ("the
Services") designed to enable you to communicate with others. Unless
stated otherwise the Services are for your personal and non-commercial use
only.
3 CHILD SUPERVISION
We are concerned about the
safety and privacy of our users, particularly children. Parents who wish to allow their children
access to and use of the Website/Services should supervise such access and
use. By allowing your child access to
the Services you are allowing your child access to all of the Services,
including email, bulletin boards, chat areas, news groups, forums and/or other
message or communication facilities. It
is therefore your responsibility to determine which Services are appropriate
for your child. Always use caution when
revealing personally identifiable information about yourself or your children
via any of the Services.
4 PRIVACY POLICY
4.1 We are
committed to responsible data management and subscribe to the principals of the
data protection legislation in the United Kingdom. We are committed to maintaining the privacy of our users and
maintaining the security of any personal information received from you. If you register for any of the Services you
will be asked to provide basic personal information. The information provided by you is not available for sale or use
by third parties. The information is
used solely for notifying you of changes or updates to the Website/Services.
4.2 We use a technology called
"cookies" as part of our normal business procedure to track patterns
of behaviour of visitors to the Website.
A cookie is an element of data that the Website sends to your browser
that is then stored on your system. You
can set your browser to prevent this happening. Any information collected in this way can be used to identify you
unless you change your browser settings.
5 USER ACCOUNT, PASSWORD AND SECURITY
If a particular Service
requires you to open an account you will be required to complete the
registration process by providing certain information and registering a
username and password for use with that Service. You are responsible for maintaining the confidentiality of the
username and password and also for all activities which take place under your
account. You agree to immediately
notify us of any unauthorised use of your password or account or any other
breach of security. In no event will www.breastfeedingmums.com be liable for any indirect
or consequential loss or damage whatsoever resulting from the disclosure of
your username and/or password. You may
not use another person’s account at any time, without the express permission of
the account holder.
6 ACCEPTABLE USE
6.1 You acknowledge that all information, text,
graphics, logos, photographs, images, moving images, sound, illustrations and other
materials ("the Content"), whether posted publicly or transmitted
privately, are the sole responsibility of the person from whom such Content
originated. We do not control or
endorse the Content and cannot guarantee the accuracy, integrity or quality of
such Content and you acknowledge that by using the Services you may be exposed
to Content that is offensive and/or indecent.
www.breastfeedingmums.com will not be
liable in any way for any Content or for any loss or damage of any kind
resulting from the use of any Content transmitted via the Services and you
agree to bear all risks associated with the use of any Content, including any
reliance on the accuracy or completeness of such Content.
6.2 In using
the Website/Services you agree not to:
6.2.1 use the Services to send junk email, spam,
chain letters, pyramid schemes or any other unsolicited messages, commercial or
otherwise;
6.2.2 post, publish, distribute or disseminate
material or information that is defamatory, infringing, obscene, indecent,
threatening, abusive, harassing or unlawful;
6.2.3 post, publish, distribute or disseminate
material or information that incites discrimination, hate or violence towards
any person or group on account of their race, religion, disability, nationality
or otherwise;
6.2.4 threaten, abuse, disrupt, stalk or otherwise
violate the legal rights (including rights of privacy and publicity) of others;
6.2.5 use any information or material in any manner
that infringes any copyright, trademark, patent or other proprietary right of
any party;
6.2.6 make available or upload files that contain a
virus, worm, trojan or corrupt data that may damage the operation of the
computer or property of another;
6.2.7 collect or store personal information about
others, including email addresses;
6.2.8 advertise or offer to buy or sell goods or
services for any commercial purpose, unless such communication facility
specifically allows such messages;
6.2.9 impersonate any person or entity for the
purpose of misleading others;
6.2.10 violate any applicable laws or regulations;
6.2.11 use the Website/Services in any manner that
could damage, disable, overburden or impair the Website/Services or interfere
with any other party’s use and enjoyment of the Website/Services;
6.2.12 post, publish, distribute or disseminate
material or information that you do not have a right to transmit under any law
or under contractual or fiduciary relationships (such as inside information or
confidential information disclosed in the course of employment or under a
confidentiality agreement);
6.2.13 attempt to gain unauthorised access to any of
the Services, other accounts, computer systems or networks connected to the
Website/Services through hacking, password mining or any other means.
6.3 We have no obligation to monitor the
Services but shall be entitled to review materials posted to a communications
facility and, at our sole discretion, to remove any material that breaches
these Terms and Conditions or is otherwise objectionable.
7 TERMINATION
We have the right to
terminate your access to any or all of the Services at any time, without
notice, for any reason, including without limitation, breach of these Terms and
Conditions. We may also at any time, at
our sole discretion, discontinue the Website/Services or any part thereof
without prior notice and you agree that we shall not be liable to you or any
third party for any termination of your access to the Website/Services.
8 LINKS TO THIRD PARTY WEBSITES
The Website/Services may
include links to third party websites that are controlled and maintained by
others. Any link to other websites is
not an endorsement of such websites and you acknowledge and agree that www.breastfeedingmums.com is not responsible for the
content or availability of any such sites.
9 INTERNATIONAL
USE
You agree to comply with all
applicable laws regarding the transmission of technical data exported from the
United Kingdom or the country in which you reside (if different) and with all
local laws and rules regarding acceptable use of and conduct on the Internet.
10 INTELLECTUAL
PROPERTY RIGHTS
10.1 The Website and its content (including
without limitation the Website design, text, graphics and all software and
source codes connected with the Website and the Services) are protected by
copyright, trade marks, patents and other intellectual property rights and
laws. In accessing the Website you
agree that you will access the contents solely for your personal,
non-commercial use. None of the content
may be downloaded, copied, reproduced, transmitted, stored, sold or distributed
without the prior written consent of the copyright holder. This excludes the downloading, copying
and/or printing of pages of the Website for personal, non-commercial home use
only.
10.2 www.breastfeedingmums.com
does not claim ownership of any materials you post, upload or submit to any
publicly accessible area of the Services. However, by doing so you are granting
us a world-wide, royalty free, non-exclusive licence to copy, distribute,
transmit, reproduce, publicly display, edit, translate or publish such Content
for as long as you elect to display such Content via the Services. The licence shall be terminated when such
Content is deleted from the Services.
11 INDEMNITY
You agree to indemnify and
hold www.breastfeedingmums.com harmless from and
against any breach by you of these Terms and Conditions and any claim or demand
brought against www.breastfeedingmums.com by any
third party arising out of your use of the Services and/or any Content submitted,
posted or transmitted through the Services, including without limitation, all
claims, actions, proceedings, losses, liabilities, damages, costs, expenses
(including reasonable legal costs and expenses) howsoever suffered or incurred
by www.breastfeedingmums.com in consequence of
your breach of these Terms and Conditions.
12 DISCLAIMERS
AND LIMITATION OF LIABILITY
12.1 Use of the Website/Services is at your own
risk. The Website/Services are provided
on an "AS IS" and "AS AVAILABLE" basis without any
representation or endorsement made and without warranty of any kind whether
express or implied, including but not limited to the implied warranties of
satisfactory quality, fitness for a particular purpose, non-infringement,
compatibility, security and accuracy.
12.2 To the extent permitted by law, www.breastfeedingmums.com will not be liable for any indirect or consequential loss or
damage whatsoever (including without limitation loss of business, opportunity,
data, profits) arising out of or in connection with the use of the
Website/Services.
12.3 www.breastfeedingmums.com
makes no warranty that the Website/Services will meet your requirements,
that Content will be accurate or reliable, that the functionality of the
Website/Services will be uninterrupted or error free, that defects will be
corrected or that the Website/Services or the server that makes them available
are free of viruses or anything else which may be harmful or destructive.
12.4 Nothing in these Terms and Conditions shall
be construed so as to exclude or limit the liability of www.breastfeedingmums.com for death or personal injury as a result
of the negligence of www.breastfeedingmums.com.
12.5 Nothing in these Terms and Conditions shall
affect your statutory rights as a consumer.
13 SEVERANCE
If any of these Terms and Conditions should be determined to be invalid,
illegal or unenforceable for any reason by any court of competent jurisdiction
then such Term or Condition shall be severed and the remaining Terms and
Conditions shall survive and remain in full force and effect and continue to be
binding and enforceable.
14 GOVERNING LAW
These Terms and Conditions
shall be governed by and construed in accordance with the law of England and
you hereby submit to the exclusive jurisdiction of the English courts.