Terms and Conditions

TERMS OF USE

1. Introduction

1.1. Welcome to themummysphere.co.uk (the “Site”). The Site is owned and operated by Hornblow Communications Limited (“we”, “us” or “our”) and our Site is intended to provide information on antenatal, postnatal services and information of interest to families with young children, as well as provide a searchable database of activities to enjoy with babies and toddlers.

1.2. PLEASE READ THESE TERMS OF USE (“Terms”) BEFORE USING OUR SITE. By using our Site you are agreeing to be bound by these Terms. If you don’t wish to be bound by what you read below, you shouldn’t use themummysphere.co.uk.

1.3. We may make changes to these Terms at any time. We will let you know what these changes are by posting them to this page but it is your responsibility to check for updates on a regular basis. Changes will become effective as soon as they are posted. If you continue to use our Site after the posting of changes to these Terms, it means that you accept any such changes.

2. What the Site does do and what it doesn’t do

2.1. This Site is a central place for you to find out about information relevant to parents or carers of young children in West Hertfordshire. You can use the information that you will find on this Site to find out about and plan activities, events or engage products or services (together “Listings”) for expectant mothers and parents or carers of young children.

2.2. You are responsible for the use of the information provided on or through the Site and for any decision to use, purchase or visit a Listing. You should always carry out your own checks and research to make sure that the information provided is accurate and that a Listing is suitable for you because:

2.2.1. the information we provide is not individually tailored to you and so it may not address your individual requirements;

2.2.2. whilst we aim to make you aware of what is available, we don’t advise, recommend or endorse any Listings;

2.2.3. we don’t run, sample, use or attend the Listings ourselves; and

2.2.4. our Site includes details on, or links through to, information provided by other websites and we do not control the accuracy or completeness of that information.

3. Privacy Policy

3.1. We take your privacy very seriously. Please read our Privacy Policy to see how we deal your personal data.

3.2. When you use other websites, any personal information you give them will be dealt with in line with their privacy policies, not ours, so please read their privacy policies before using them.

4. Link

4.1. You are welcome to link to our Site if you comply with the terms set out in this section and all applicable laws. Any site or service that links to our Site:

4.1.1. can display the themummysphere.co.uk logo but mustn’t otherwise use any themummysphere.co.uk trade marks without our written consent;

4.1.2. must not remove, distort or otherwise alter the size or appearance of our logo;

4.1.3. may link only to our homepage unless we have given you our prior written consent;

4.1.4. must not in any way imply that we are endorsing it or its activities, events, products or services;

4.1.5. must not misrepresent its relationship with us or present false information about us;

4.1.6. must not be a site or service that infringes any intellectual property or other right of any person or that otherwise does not comply with all relevant laws and regulations;

4.1.7. must not be a site or service that contains illegal content or content that could be considered distasteful or offensive.

4.2. If you breach these terms, we will have the right to require that your link is removed and to take any other action we think appropriate.

5. Our content

5.1. All of the content on our Site is owned by us, or by a third party who has given us permission to use it, and is protected by UK and international copyright laws.

5.2. The content on our Site includes any information or other material found on themummysphere.co.uk, including articles, databases, graphics, software and all other features of our Site. You are allowed to use our content for personal, non-commercial use only. You may make one copy of extracts from this Site on any single computer for personal, individual use only, provided that all copyright and proprietary notices are kept intact. Apart from that, none of our content may be republished, posted, transmitted, stored, sold, distributed or modified without our prior written consent.

6. Disclaimer of warranties and liability

6.1. We provide our Site in good faith but we cannot and do not warrant the completeness, truth or accuracy of the information or of other content or postings found on our Site, or their usefulness for any particular purpose. You agree that we will not be liable for any action that you or others take based on your use of or reliance on information provided by us or other users of this Site.

6.2. We don’t promise that your access to our Site will be uninterrupted or error-free, or that the Site will be free from viruses or other harmful properties. It is your responsibility to implement proper technical and procedural measures to protect your own computer systems.

6.3. You agree that under no circumstances will we be held liable for any direct, indirect, incidental or other type loss or injury resulting from your use, or downloading of any content on our Site.

7. Indemnity

You agree to indemnify, defend and hold harmless us, our directors, officers, employees and licensors from and against any claim, liability, cost, damage or loss we may incur (including reasonable legal fees) as a result of any material that you post or transmit on themummysphere.co.uk and any actions you take which disrupt access to and/or the functioning of our Site or any breach by you of your obligations under these Terms.

8. General

8.1. If any of these provisions is deemed invalid, void or unenforceable that provision will be deemed severable from the rest and will not affect the validity and enforceability of any remaining provisions.

8.2. This Site is directed to users in England and Wales only unless otherwise specified for specific items posted on this Site.

8.3. These Terms shall be governed by the laws of England and any dispute between us will be resolved exclusively in the Courts of England.

9. Changes

These Terms were published on 19th August 2013.

10. Contact us

This Site is owned and operated by Hornblow Communications Limited, registered in England & Wales with number 7951504, whose registered office is at 12 Damson Way, St Albans, AL4 9XU.

TERMS OF USE FOR ADVERTISERS

1. Definitions

1.1. For the purposes of these Terms:

“Activity” means a class, activity, event or other business or place of interest which is run by an Advertiser;

Advertiser means a person or entity who wishes to and/or who does place a Listing on the Site;

“Basic Listing” means a listing of an Activity where the Advertiser has opted for a Basic Package or has not opted for a Premium Package;

“Basic Package” and “Premium Package” are defined in the Listing Specification;

Company shall mean Hornblow Communications Limited, a company registered in England & Wales with company number 7951504;

“Information Request” means a request for information on Activities which is sent to an Advertiser by the Company in order for the Company to create a Listing;

“Listing” means a listing of an Activity on the Site;

Listing Specification means the specification for a Listing provided by the Company;

“Package” means a Premium or Basic Package of features and facilities for a Listing as set out in the Listing Specification;

Premium Listing means a Listing of an Advertiser’s Activity where the Advertiser has opted for a Premium Package;

Premium Listing Rates means the rates set out in the Listing Specification as the same may be varied from time to time by the Company;

Rate Card means the Company’s Rate Card as specified in the Listing Specification;

“Response” means a response from an Advertiser to an Information Request;

“Site” means www.themummysphere.co.uk

“Terms” means these terms and conditions;

“User” means a user of the Site; and

“User Terms of the Site” means the terms and conditions that apply to the use of and access to the Site by Users.

2. Listings

2.1. Where an Advertiser requests a Premium Listing it comes with the benefit of the relevant features and facilities specified in the Listing Specification.

2.2. If an Advertiser requests a Basic Package, the Advertiser consents to these Terms regardless of the fact that it has not paid for the Basic Package. If an Advertiser decides to withdraw a Premium Listing, the Company reserves the right to continue to display elements of that listing as a Basic Listing.

2.3. All Listings are required to be submitted to the Company in a form that complies with the Listing Specification and with payment of any applicable Premium Listing Rates. All Advertisers agree to use their reasonable endeavours to provide the Company with any updates or corrections to their Listings as soon as reasonably possible but the Company shall not be under any obligation to make such changes other than in accordance with clause 2.4 of these Terms.

2.4. The Company acknowledges that Listings for some Activities may change each school term: autumn, spring and summer terms (a “Termly Update”) and the Company will update all Premium Listings with any Termly Updates communicated to the Company by an Advertiser as soon as reasonably possible, provided that such updates have been delivered to the Company at least 14 days prior to the date on which they are to take effect. The Company shall be under no obligation to make a Termly Update where the information has not been provided to the Company in accordance with these timescales.

2.5. The Company will use its reasonable endeavours to update Basic Listings with a Termly Update where the Advertiser provides updates in accordance with the timescales set out in clause 2.4.

3. Order of Precedence for Search Listings

3.1. Users of the Site will have the option to search the Company’s database for an Activity by specifying certain criteria. The Site will return results for such searches (“Search Results”) in accordance with the following order of precedence:

3.1.1. Premium Listings;

3.1.3. Basic Listings.

Within each level of Listings, the Search Results will be displayed in alphabetical order.

3.2. Where a User has specified criteria for a search which does not apply to an Advertiser’s Activity, that Activity will not be displayed in the Search Results regardless of the fact that the Advertiser has paid for a Premium Package.

3.3. Premium Advertisers will be entitled to make Premium Listings for multiple Activities at the discretion of the Company.  Where a Premium Advertiser wishes to make Premium Listings for several additional Activities the Premium Advertiser may be required to pay additional fees as may be agreed with the Company. Where the Premium Advertiser does not opt to pay these fees, the Company shall list any other activities as Basic Listings. The Company reserves the right to create bespoke packages for individual Advertisers.

3.4. Where an Advertiser runs Activities through a number of entities or trading names, or runs Activities at more than one location, the Company reserves the right to charge the Advertiser a separate fee in accordance with the Rate Card for each such entity, trading name or location.

4. Payment Terms

4.1. All payments for Premium Packages must be made annually in advance. In the absence of any prior specific written arrangement between the Company and the Advertiser, payment for any Premium Listing must be received prior to the Advertiser’s Activity acquiring a Premium Listing status. Payment shall be made in accordance with the instructions on the invoice issued to individual Advertiser.

4.2. In the event that payment is not made by the due date (in respect of which time shall be of the essence) the Company reserves the right to charge at the Company’s election the following additional charges:

4.2.1. the sum of £25 as an administration charge in respect of each invoice not paid on or before the due date; and

4.2.2. interest on the amount paid late at the rate of 4% above the base rate of National Westminster Bank Plc accruing from day to day (including the day on which payment was due).

Any such additional charge is payable within 7 days following delivery of the Company’s invoice particularising it.

5. Right to Reject/Alter

5.1. The Company may, without derogation from the warranties now given by the Advertiser, refuse or require the amendment of any artwork, materials and copy for or relating to an Premium Listing so as:-

5.1.1. to comply with the legal or moral obligations placed on the Company or the Advertiser; or

5.1.2. to avoid infringing a third party’s rights, the Trade Descriptions Act 1958, the Business Premium Listings (Disclosure) Order 1977, the British Code of Advertising Practice and all other codes under the general supervision of the Advertising Standards Authority (“ASA”);

5.1.3. to comply with the specifications stipulated or referred to in the Listing Specification.

5.2. The Company has the right at its discretion to decline to publish, or to omit, suspend, alter, resize and reformat any Listing otherwise accepted for the Site for any reason provided always that the Company shall use its reasonable endeavours to deliver the Listing in accordance with the relevant Package.

6. Submission Terms

6.1. All Advertisers agree that by providing a response (the “Response”) to an Information Request:

6.1.1. They are agreeing and consenting to the Company copying, displaying and making available the information provided in that Response on the Site, including but not limited to any contact information relating to the Advertiser and to keep and retain that information in the Company’s database;

6.1.2. Where they have ordered a Premium Listing, they grant the Company a worldwide royalty free licence to reproduce, display and copy the Advertiser’s logo on the Site, in accordance with the Listing Specification;

6.1.3. They are agreeing to these Terms; and

6.1.4. They warrant to the Company that the use of the Response and the Advertiser’s logo by the Company in accordance with these Terms will not infringe the rights of any third party.

6.2. It is the responsibility of the Advertiser to check that all of the details provided for a Listing are correct and the Company accepts no liability for any error in any Listing. The User Terms of the Site will make it clear that Users should contact the Advertiser to confirm the accuracy of Listings and that the Company will not be liable to the Users for any inaccuracies.

6.3. If an Advertiser does not respond to an Information Request, the Company reserves the right to display any publicly available information relating to the Advertiser and their Activities on the basis of a Basic Listing unless the Advertiser specifically instructs the Company in writing to withdraw all details of such a Listing and provided that there will be no contractual relationship between the parties in respect of that Listing.

7. Cancellation Terms

7.1. The Advertiser may cancel any Premium Listing on 30 days written notice provided that the Advertiser shall not be entitled to a refund of any fee paid by the Advertiser in advance for such a Premium Listing.

7.2. The Company may cancel or remove any Listing and terminate any Package if the Advertiser has failed to pay any monies to the Company on or before the due date or is deemed unable to pay its debts within the meaning of Insolvency Act 1986 or is otherwise in breach of any of the other terms and conditions set out herein.

8. Warranties

8.1. The Advertiser warrants and confirms that:-

8.1.1. In respect of any Listing submitted for publication which contains the name or pictorial representation (photographic or otherwise) of any living person and/or any part of any living person and/or any copy by which any living person is or cannot be identified the Advertiser has obtained the authority of such person to make use of their name, representation and/or copy;

8.1.2. The Listing shall not be obscene or libellous and shall comply with the requirements of all applicable legislation (including subordinate legislation, the rules of statutorily recognised regulatory authorities and the law of the European Economic Community); and

8.1.3. All copy submitted to the Company shall be legal, honest and truthful and shall comply with the British Code of Advertising Practice and all other relevant codes under the supervision of the ASA.

8.2. The Advertiser indemnifies the Company and agrees to keep it indemnified against all claims, costs, proceedings, demands, losses, damages, expenses or liability whatsoever arising directly or being reasonably foreseeable as a result of any breach or non-performance of any of the representations, warranties or other terms contained in the Terms or implied by law.

9. Limitation of Liability

9.1. Any Advertiser’s complaint, claim or query in respect of their Premium Listing (whether in relation to the Premium Listing or an invoice) must be raised within 28 days following the date when the Premium Listing appeared or should have appeared and shall not be valid thereafter. Without prejudice to the Company’s right to be paid for the Premium Listing:-

9.1.1. in no circumstances shall the total liability of the Company for any error or omission exceed the higher of (i) charge for the Premium Listing (if any) in question; or (ii) one hundred pounds sterling (£100);

9.1.2. any complaint, claim or query shall not affect the liability of the Advertiser for payment by the due time of the Company’s charges for that and any other Premium Listings.

9.2. The Company shall not be liable for any indirect or consequential loss (including without limitation, business interruption and loss of profits, business, goodwill, anticipated savings, information and data) whether arising out of negligence, breach of contract or otherwise and whether or not the party was advised of the possibility of such loss by the other party or for any liability arising from the publication of any material submitted by the Advertiser.

9.3. Where the Advertiser is acting as agent instructed by a third party, the Advertiser warrants that it is authorised by such third party to place the advertisement with the Company and shall indemnify the Company against any claims made by such third party against the Company arising from the publication thereof.

10. Miscellaneous

10.1. These Terms supercede and replace all the Company’s previous conditions and all documentation previously issued by the Company purporting to set out its terms and conditions.

10.2. No modification amendment or waiver of any of the terms of these Terms or any provision hereof shall be binding upon either party unless confirmed in writing by the parties. No waiver of any provisions of or default under these Terms shall affect any party’s right thereafter to enforce such provision or to exercise any right or remedy hereunder in respect of a subsequent default.

10.3. If any part of these Terms shall be determined to be invalid or unenforceable by a court of competent jurisdiction or by any other legally constituted body having the jurisdiction to make such determination then such part or parts shall be deemed never to have been incorporated in these Terms but all other terms and provisions in the remainder of these Terms shall remain in full force and effect.

10.4. All matters and disputes relating to these Terms, shall be construed under and governed by the laws of England and the parties submits the exclusive jurisdiction of the English Courts.