terms & conditions
Please read these terms and conditions before using this Website. Using this Website indicates that you accept these terms regardless of whether or not you register with us. If you do not accept these terms, do not use this Website.
-
Definitions
-
In these legal notices the following terms shall have the meanings ascribed to them:
- ‘Company’, ‘we’ or ‘us’ means My Mummy and Me Limited, registered in England and Wales under company registration number 5574505
- ‘Website’ means the website under the domain name mymumyandme.co.uk
- ‘Advertiser/s’ means any person placing a request with the Company to advertise goods or services for sale on this Website
- ‘Buyer’ means any person buying or offering to buy goods or services advertised on the Website by Advertisers
- ‘Users’ or ‘you’ means Advertisers and Buyers, or any other person accessing, browsing or in any other way using this Website
- Legal Notices means these terms and conditions, the privacy policy, disclaimer and other expressly designated legal notices on the Website or promotional material issued by the Company from time to time
-
-
Introduction
- The Legal Notices are issued by the Company and apply to the contents of this Website, to any correspondence by e-mail between the Company and Users, and to any promotional material issued by the Company.
- Use of this Website to advertise or buy goods or services is subject to these terms and conditions.
- We may revise these terms and conditions at any time by updating this posting. You should check this page from time to time to take notice of any changes made by us, as they are binding on you. Certain provisions of these terms and conditions may be superseded by expressly designated Legal Notices or terms located on particular pages of this Website.
-
Advertisers’ use of the Website
- Advertisers will be obliged to register with the Company on submitting their first advertisement request.
- Advertisers contract with the Company as principal. The Advertiser warrants that he or she is authorised to place each advertisement submitted to the Website.
- Other than personally identifiable information, which is covered under the Privacy Policy, any material transmitted or posted to this Website by Advertisers shall be considered non-confidential and non-proprietary. The Company shall have no obligations with respect to such material. By submitting any material to the Website, the Advertiser automatically grants the Company and its designees the royalty-free, perpetual, irrevocable, exclusive right and license to use, publish, modify, copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.
- The Advertiser acknowledges that the Company is not obliged to publish any material submitted by the Advertiser. Please note the Company’s Editing Policy below.
-
Advertisers are prohibited from posting or transmitting to or from this Website any material:
- that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or
- for which the Advertiser has not obtained all necessary licences and/or approvals; or
- which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world; or
- which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
- The Advertiser warrants that any material submitted for advertisement will not breach any legislation, regulation (governmental or otherwise) or contract or infringe or violate any copyright, trademark, or other personal or proprietary right of any person or render the Company liable to any proceedings whatsoever.
- The Advertiser will indemnify the Company and keep it indemnified against all claims, costs, proceedings, demands, losses, damages, expenses or liability whatsoever incurred by the Company arising directly or reasonably foreseeable as a result of any breach or non-performance by the Advertiser of any of the representations, warranties or other terms herein contained or implied by law.
- Advertisers must be resident within, and all products advertised on this Website must be located within, the United Kingdom or the Channel Islands.
- It is the responsibility of the Advertiser to request removal of the advert from the Website once the advertised item has been sold, failing which the advert shall automatically be removed after a period determined by the Company from time to time.
-
Editing Policy
- The Company may decline to publish, exclude, suspend or edit information submitted by Advertisers for placing on the Website and reserves the right to remove any advertisement from the Website without notice or reason given to the Advertiser.
- The Company will format and present advertisements and photographs provided by Advertisers in its house style and entirely at its own discretion. The Company cannot guarantee that reproduction of photographs will meet normal standards.
- Photographs submitted showing clear images of children will not be published. Advertisers wishing to submit photographs with their advert should photograph items for sale without children visible therein.
- Website addresses will not be accepted in any advertisement (except by agreement).
- Advertisement applications must be accompanied by a working UK landline number. Anonymous call barring landline numbers will not be accepted.
- The Company is not obliged to publish any advertisement on a particular day or in a particular position.
- The Advertiser has the right to cancel an advertisement for any reason on reasonable notice to the Company by e–mail however the Advertiser shall only be entitled to a refund (in the event payment has been made for any services) if the advertisement or part thereof has not already appeared on the Website in any form.
-
Access to Website
- Access to this Website is permitted on a temporary basis, and the Company reserves the right to withdraw or amend the service provided on the Website without notice. While the Company endeavours to ensure that this Website is available 24 hours a day the Company will not be liable if for any reason the Website is unavailable at any time or for any period.
- Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond the Company’s control.
- If Users choose, or are provided with, a user identification code, password or any other piece of information as part of the Website security procedures, Users must treat such information as confidential, and must not disclose it to any third party. The Company has the right to disable any user identification code or password, whether chosen by a User or allocated by the Company, at any time, if in its opinion a User has failed to comply with any of the provisions of these terms of use. Each registration is for a single User only.
- Users are responsible for making all arrangements necessary for them to have access and use of this Website.
-
Links to and from other websites
- Links to third party websites on this Website are provided solely for Users’ convenience. If you use these links, you leave this Website. We have not reviewed all of these third party websites and the Company does not control and is not responsible for these websites or their content or availability. The Company therefore does not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk. The Company cannot give any undertaking that products purchased from third party sellers through this Website, or from companies to whose website the Company has provided a link on this Website, will be of satisfactory quality, and any such warranties are disclaimed by the Company absolutely. This disclaimer does not affect your statutory rights against the third party seller.
- If a User wishes to link his or her website to this Website, he or she may only do so on the basis that the User;
- links to, but does not replicate, the home page of this Website,
- complies with clause 4 above (‘Intellectual Property Rights’), and
- subject to the following conditions:
- the User does not remove, distort or otherwise alter the size or appearance of the My Mummy and Me logo;
- the User does not create a frame or any other browser or border environment round this Website;
- the User does not in any way imply that the Company is endorsing any products or services other than its own;
- the User does not misrepresent its relationship with the Company nor represent any other false information about the Company;
- the User does not otherwise use any My Mummy and Me trade marks displayed on this Website without express written permission from the Company;
- the User does not link from a website that is not owned by the User; and
- the User’s website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
- The Company expressly reserves the right to revoke the right granted in paragraph 9.2 for breach of these terms and to take any action it deems appropriate.
- The User shall fully indemnify the Company for any loss or damage suffered by the Company for breach of paragraph 9.2.
-
Intellectual Property Rights
- The Company is the owner or the licensee of all intellectual property rights in this Website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
- Users are permitted to print and download extracts from this Website for their own use
on the following basis:
- no text, documents, photographs or graphics on this Website are modified in any way. Users must not modify the paper or digital copies of any materials printed off or downloaded in any way, and must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text; and
- the Company’s copyright and trade mark notices and this permission notice appear in all copies. The Company’s status and that of any identified contributors, as the authors of material on this Website must always be clearly acknowledged.
- None of the materials on this Website may be used by Users for commercial purposes without first obtaining a licence from the Company or its licensors.
- Subject to clause 4.2, no part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without the Company’s prior written permission (contact us via our enquiry form).
- If a User breaches any of the terms in this Legal Notice, permission to use this Website automatically terminates and the User must immediately destroy any downloaded or printed extracts from this Website.
- Any rights not expressly granted in these terms are reserved.
-
Updates to Website
- The Company aims to update this Website regularly, and may change the content at any time. If the need arises, the Company may suspend access to the Website, or close it indefinitely.
- Any of the material on this Website may be out of date at any given time, and the Company is under no obligation to update such material.
-
Users’ Conduct
- Users may not misuse this Website, including, without limitation, by hacking or introducing viruses. Users must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. Users must not attack this Website via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, Users would commit a criminal offence under the Computer Misuse Act 1990. The Company will report any such breach to the relevant law enforcement authorities and will co-operate with those authorities by disclosing the User’s identity to them. In the event of such a breach, the User’s right to use the Website will cease immediately.
-
Liability
- The Company is providing this Website on an ‘as is’ basis and all material is published in good faith. All information relating to products being sold by third parties on this Website is supplied by individual Advertisers and the Company does not in any circumstances accept responsibility for the accuracy or otherwise of any advertisement or message published or its compliance with any legal or regulatory requirements. The Company gives no guarantee nor makes any kind of representation or warranty expressed or implied with respect to the content of any material on this Website in particular as to its accuracy or reliability.
- The material on this Website does not constitute advice and you should not rely on any material in this Website to make (or refrain from making) any decision or take (or refrain from taking) any action.
- The Company gives no guarantee nor makes any kind of representation or warranty with respect to the quality, safety, condition, age, availability, price, suitability or otherwise of any good or service advertised on this site and, save as mentioned below, disclaims all liability arising from such good or service. The Company does not at any time see or inspect any of the goods advertised on this Website. It is both the seller and buyer’s responsibility to be comfortable with the safety of any good bought or sold.
- To the fullest extent permitted by law, the Company, any other party (whether or not involved in creating,
producing, maintaining or delivering this Website), and any of the Company’s officers, directors, employees, shareholders or agents of any of them, exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the
law of equity and exclude all liability and responsibility for any amount or kind of loss or damage that may
result to you or a third party (including without limitation, any direct, indirect, punitive or consequential
loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or
damages arising from or connected in any way to business interruption, and whether in tort (including
without limitation negligence), contract or otherwise) in any way or in connection with:
- this Website;
- any error, omission or inaccuracy in any material on this Website;
- promotional material related to this Website;
- the use, inability to use or the results of use of this Website;
- any websites linked to this Website or the material on such websites;
- your downloading of any material from this Website or any websites inked to this Website;
- your purchase of any goods or services advertised on this Website; or
- viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Website.
- Nothing in this Legal Notice shall exclude or limit the Company’s liability for:
- death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977); or
- fraud; or
- misrepresentation as to a fundamental matter; or
- any liability which cannot be excluded or limited under applicable law.
- If your use of material on this Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
-
Data Protection and Privacy Policy
- Any details which you provide to us from which we can identify you are held and processed in accordance with Data Protection legislation. Further details are set out in our Privacy Policy.
-
Payment
- Payment, if any required in respect of an advertisement enhancement, sponsored link or otherwise is due in advance of publication or provision of any service, to be made in Pound Sterling through the secure payment facility provided by PayPal®.
- Through Paypal® you can use one of the following credit/debit cards: [Visa, MasterCard, Switch, Delta, Barclays Connect, Electron, Solo, JCB and Maestro.]
- The Company will provide an email confirmation of booking for each Advertisement placed on the Website, which shall also serve as a receipt of payment for any services provided.
- All credit card information is held by Paypal® who will be responsible for debiting the correct amount from your card. The Company does not keep a record of your credit card number. See our Privacy Policy
-
General
- If any of these terms and conditions is determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
- These terms and conditions shall be governed by and construed in accordance with English law. Disputes arising in connection with these Legal Notices shall be subject to the exclusive jurisdiction of the English courts.
- The use of this Website or the placing of an order for an Advertisement amounts to an acceptance of these terms to the exclusion of any other terms and conditions.
- No variation shall be binding unless agreed in writing.
- No waiver by the Company shall be effective except in relation to the matter in respect of which it was specifically given.
- Nothing in these terms is intended to confer on any person any right to enforce any provision of these terms which that person would not have had but for the Contracts (Rights of Third Parties) Act 1999.
- In the event of any contradiction between these terms and conditions and any other content on the Website, these terms and conditions shall prevail.
-
Customer Services
- If you have any questions relating to these Legal Notices or other legal issues relating to this Website, please contact us via our enquiry form.
- For any other communications with the Company you can contact us via our enquiry form.
Issue date: 20/12/06
