FitMama 2.0

Copyright © 2014-2016 HAPPYMUMS Solutions Ltd

*** End User License and Warranty Agreement ***

IMPORTANT: PLEASE READ THIS LICENSE AGREEMENT CAREFULLY BEFORE USING THIS SOFTWARE. BY CLICKING “I AGREE” YOU AGREE TO BE BOUND BY THE TERMS OF THIS LICENSE AGREEMENT.

This software program, any printed materials, any on-line or electronic documentation, and any and all copies and derivative works of such software program and materials (the “Program”) are the copyrighted work of HappyMums Solutions Ltd, its subsidiaries, licensors and/or its suppliers. All use of the Program is governed by the terms of this End User License and Warranty Agreement (“License Agreement”). The Program is solely for use by end users according to the terms of the License Agreement. Any use, reproduction or redistribution of the Program not in accordance with the terms of the License Agreement is expressly prohibited.

This is the License Agreement for the mobile application we make available for download for a) iPhone and other devices using Apple’s iOS operating system, b) Devices using Android operating System.

The Program is provided by HappyMums Solutions Ltd (“HAPPYMUMS”, we, ). We are a limited company number 8254471,registered office is at 5 Jupiter House, Calleva Park, Aldermaston, Reading, Berkshire, RG7 8NN. Our VAT registration 153750905. Our Program may be downloaded from the online “iTunes Store”, which is operated and owned by Apple Inc. and other companies within its group (“Apple”); for Google’s Android platform, the Google Play Store (“Google”).

The terms of this License Agreement should be read together with the Privacy Statement www.behappymum.com/privacy-policy/. Your use of the Program is subject to (1) this License Agreement; and (2) the Privacy Statement. By downloading and/or using the Program you agree to be bound by the License Agreement.

We can change the License Agreement at any time by notifying you of a change and asking for your consent when you next use the Program. The new License Agreement will be displayed on-screen and you will be required to accept.

You may be required to download updates to the latest version of the Program and accept any accompanying changes.

  1. Limited Use License. HAPPYMUMS, hereby grants, and by installing the Program you thereby accept, a limited, non-exclusive license and right to install and use a copy of the Program for your use on your mobile device subject to the terms of this License Agreement. The Program is licensed, not sold. Your license confers no title or ownership in the Program.
  2. Ownership. All right, title, interest and ownership rights in the Program and any copyright, design right, database right, patents and any rights to inventions, know-how, trade and business names, trade secrets and trade marks (whether registered or unregistered) and any applications thereof and other intellectual property rights (“Intellectual Property Rights”), in or connected with and to the Program and any and all copies thereof are owned by, belong to and vest in HAPPYMUMS or its licensors. The Program is protected by the copyright laws of all countries in world, international copyright treaties and conventions and other laws. All rights are asserted and reserved.
  3. Responsibilities of End User.
  • Subject to the grant of license herein above, you may not copy, reproduce, translate, reverse engineer, derive source code from, modify, or create derivative works based on or of the Program, or remove any proprietary notices or labels on the Program without the consent, of HAPPYMUMS. All and any modification, adaptations or improvements shall belong to, vest in and be the exclusive property of HAPPYMUMS on creation in any event save where any applicable law may state otherwise.
  • The Program is licensed to you as a single product. Its component parts may not be separated.
    • You are entitled to use the Program for your own personal non-commercial use as described in this License Agreement
  • You must back-up to another secure location, on a regular basis, any data files concerning your use of the Program as HAPPYMUMS has no liability for lost or corrupted data.
  1. Termination. This License Agreement is effective until terminated. You may terminate the License Agreement at any time by deleting and removing the Program from your mobile device. This License will terminate automatically if you fail to abide by any of the terms and conditions. HAPPYMUMS may additionally, at its discretion, give notice to terminate this License Agreement if you breach our terms. In such event, you must immediately destroy and erase the Program.
  2. Export Controls. The Program may not be re-exported, downloaded to any embargoed country.
  3. Limited Warranty. HAPPYMUMS does not warrant that the operation of the Program will be uninterrupted or error free. The Program is provided without any warranties or guarantees save as specifically provided in these conditions and to the extent permitted by the applicable law. TO THE MAXIMUM EXTENT PERMITTED BY LAW HAPPYMUMS EXPRESSLY DISCLAIMS ANY WARRANTY FOR THE PROGRAM AND MANUAL(S). THE PROGRAM AND MANUAL(S) ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY OR NONINFRINGEMENT. The entire risk arising out of use or performance of the Program and Manual(s) remains with you.
  4. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW HAPPYMUMS SHALL NOT BE LIABLE IN ANY WAY FOR LOSS OR DAMAGE OF ANY KIND RESULTING FROM THE USE OF THE PROGRAM INCLUDING, BUT NOT LIMITED TO, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST HAPPYMUMS ARISING OUT OF YOUR USE OF THE Program and any of the information contained thereon.

HAPPYMUMS will not be held responsible for the risks connected with lost profit, damage to property, lost data, loss of goodwill, computer, failure, errors or loss of business or other information as a result of possession, use or malfunction of the Program, . HAPPYMUMS will not be held liable for any damage, injury or loss if caused as a result of your negligence, accident or misuse, or if the Program has been modified in any manner. In any case, the liability of HAPPYMUMS and its licensors shall not exceed the actual price paid for the Program.

HAPPYMUMS, its developer and their licensors do not seek to exclude or limit liability for any death or personal injury arising from their negligence.

  1. Equitable Remedies. You hereby agree that HAPPYMUMS would be irreparably damaged if the terms of this License Agreement were not specifically enforced, and therefore you agree that HAPPYMUMS shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this License Agreement, in addition to such other remedies as HAPPYMUMS may otherwise have available to it under applicable laws.

HEALTH ADVISORY.

THE PROGRAM OFFERS HEALTH, FITNESS AND NUTRITIONAL INFORMATION DESIGNED FOR EDUCATIONAL PURPOSES ONLY. YOU SHOULD CONSULT YOUR PHYSICIAN BEFORE BEGINNING A NEW NUTRITION OR FITNESS REGIMEN. YOU SHOULD NOT RELY ON ANY INFORMATION AVAILABLE THROUGH THE PROGRAM AS A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. YOUR USE OF ANY OF THE INFORMATION PROVIDED THROUGH THE PROGRAM IS SOLELY AT YOUR OWN RISK.

PHONE SETTINGS AND UNINSTALL PROCEDURES.

As part of the installation process of the Program, you may be changing your mobile device settings and/or your social network account settings. By installing the Program, you agree you have approved such changes and you understand you can reconfigure such settings at any time from the “Settings” Menu available in the Program, in the configuration options available in your mobile device, from within your social network account or from your mobile device Setting Menu. Such changes may include, without limitation, the following:

– Allowing software updates of the Program once a new version is released and the ability to send notifications.

– Allowing Program access to information contained on your Social Network account (which you must explicitly and separately opt in to).

APPLICABLE LAW.

  • The Online Service is intended for use and may only be used in countries where all such use is lawful.
  • The Program, Online Service and this License Agreement are subject to the Laws of England and Wales.

© 2014-2016 HappyMums Solutions Ltd. All Rights Reserved. BeHappyMum and the BeHappyMum logo are trademarks of HappyMums Solutions Ltd in the UK and/or other countries.