Copyright (c) 2015 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. FURTHERMORE, IF YOU DO NOT AGREE TO THE TERMS OF THE END USER LICENSE AND WARRANTY AGREEMENT THEN YOU MUST NOT USE THE APPLICATION OR SOFTWARE FOR ANY PURPOSE WHATSOEVER.
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.
Reference to Program in this License Agreement shall include the Online Service where and to the fullest extent that the content permits.
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 and b) Android devices using AOS operating System.
The Program is provided by HappyMums Solutions Ltd (“HAPPYMUMS”, we, us and our). We are a limited company, registered in England. Our registered company number is 8254471, and our registered office is at 5 Jupiter House, Calleva Park, Aldermaston, Reading, Berkshire, RG7 8NN. Our VAT registration number is 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.
HAPPYMUMS reserve the right to change the License Agreement at any time without notification. Where you are notified of any change/s then you maybe asked for your consent when you next use the Program. In such circumstances the new License Agreement will be displayed on-screen and you will be required to accept the Terms and conditions before you continue to use the Program. In the event that any provision of this License Agreement shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, such provision will be enforced to the maximum extent permissible and the remaining portions of this License Agreement shall remain in full force and effect.
- 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.
All rights, title, interest and other 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 (including but not limited to any titles, computer code, objects, characters, character names, text, catch phrases, artwork, animations, sounds, audio-visual effects, moral rights and any related documentation) are owned by, belong to and vest in HAPPYMUMS or its licensors. The Program is protected by the copyright laws of all countries in the world, international copyright treaties and conventions and other laws. All rights are asserted and reserved. The Program may contain certain licensed materials and HAPPYMUMS and licensors may act to protect their rights in the event of any violation of this License Agreement. All trademarks are the property of their respective owners.
3. Responsibilities of End User.
- Subject to the grant of license herein above, you may not, in whole or in part, copy, photocopy, reproduce, translate, reverse engineer, derive source code from, modify, adapt, merge, translate, disassemble, decompile, or create derivative works based on or of the Program, or remove any proprietary notices or labels on the Program without the prior consent, in writing, 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, but you are not entitled to:
- sell, distribute or otherwise transfer copies or reproductions of the Program to other parties in any way, nor to rent, lease or license the Program to others without the prior written consent of HAPPYMUMS; or
- exploit the Program or any of its parts for any commercial purpose including, but not limited to, use at a cyber or internet cafe or any other location-based site. HAPPYMUMS may offer a separate site license agreement to permit you to make the Program available for commercial use; contact HAPPYMUMS for details;
- use, copy, transfer or distribute the Program or part of it other than as permitted by this License Agreement;
- use, assign, rent, loan, charge or otherwise deal in the Program or any part or interest therein or under this License Agreement except as expressly provided herein;
- use the Program for any illegal or immoral purposes;
- use the Program, or permit use of the Program, in a network, multi-user arrangement or remote access arrangement, including any online use, except as otherwise explicitly provided by HAPPYMUMS and subject to acceptance of the terms and conditions of use;
- remove, disable or circumvent any proprietary notices, labels contained on or within the Program;
- export or re-export the Program or any copy or adaptation in violation of any applicable laws or regulations;
- otherwise use, copy, transfer or distribute the Program or part of it except as expressly permitted by this License Agreement or in any manner which is inconsistent with 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.
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 in the event that it becomes aware that you are failing to comply with the terms and conditions contained herein or on the website. In such event, you must immediately destroy and erase the Program and all and any copies in your possession or control and stored on any media whatsoever and on request certify that you have done so. To uninstall the Program, you may use the standard uninstall procedures offered by your device’s Operating System.
6. Export Controls. The Program may not be re-exported, downloaded or otherwise exported into (or to a national or resident of) any country to which this country has an embargo in force.
7. Limited Warranty. HAPPYMUMS does not warrant that the operation of the Program will be uninterrupted or error free or that errors can be corrected. 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. These warranties set out above define in full the extent of HAPPYMUMS’ liability, warranties and your remedies. To the maximum extent permitted by law, HAPPYMUMS excludes liability for all representations (except those made fraudulently), warranties, conditions and other terms which but for this notice would have effect. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE 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.
8. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW NEITHER HAPPYMUMS, ITS SUBSIDIARIES, AFFILIATES OR LICENSORS SHALL 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/DEVICE 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 and its licensors will not be held responsible for the risks connected with lost profit, damage to property, lost data, loss of goodwill, computer/device, failure, errors or loss of business or other information as a result of possession, use or malfunction of the Program, even if it has been advised of the possibility of such loss. HAPPYMUMS and its licensors 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 (other than by HAPPYMUMS or its licensors) after it has been bought. 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.
You agree to indemnify, defend and hold HAPPYMUMS and its licensors, partners, affiliates, contractors, officers, directors, employees and agents harmless from any claims, costs and expenses (including legal expenses) arising directly or indirectly from your acts and omissions to act in using the Program otherwise than in accordance with the terms of this License Agreement.
9. 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 AND SAFETY ADVISORY.
THE PROGRAM OFFERS HEALTH, EARLY YEARS TRAINING AND FITNESS INFORMATION DESIGNED FOR EDUCATIONAL PURPOSES ONLY. YOU SHOULD CONSULT YOUR PHYSICIAN BEFORE BEGINNING A NEW NUTRITION, FITNESS AND EARLY YEARS DEVELOPMENT TRAINING 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. YOUR USE OF ANY PART OF THE PROGRAM OR APPLICATION OR SOFTWARE OR ANY OF THE INFORMATION PROVIDED THEREIN IS SOLELY AND ENTIRELY AT YOUR OWN RISK. IF THE USER HAS ANY DOUBT WHATSOEVER THEN THE USER MUST STOP IMMEDIATELY AND SEEK PROFESSIONAL HELP AND GUIDANCE.
THE USER MUST ENSURE A SAFE ENVIRONMENT PRIOR TO COMMENCING ANY ACTIVITY, AND FOLLOW ALL SAFETY GUIDELINES AND POLICIES WHEN USING ANY EQUIPMENT AND OR TOYS/ACCESSORIES AND OBEY MANUFACTURER’S SAFETY STANDARDS. HAPPYMUMS DOES NOT ACCEPT ANY LIABILITY FOR MISUSE OR ERRONEOUS USE.
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).
- HAPPYMUMS provides and maintains certain online functionality, network connectivity, interactivity, downloadable content and sharing facilities and other features relating to the Program (“Online Service“) subject to the terms and conditions of this License Agreement, including without limitation the section entitled Subscription.
- The Online Service is available for personal use only, on an “as is” basis and all use must be in accordance with the terms of this License Agreement.
- In order to use the Online Service you will need to register for which you will need to submit various types of information and choose a username and a password.
- You warrant and undertake that all the information supplied during registration is truthful, complete and correct. In the event that the information you have supplied is incomplete or incorrect you agree to indemnify HAPPYMUMS against any loss or damage incurred by HAPPYMUMS and any third parties who may suffer damage as a result of the information that you have supplied.
- You accept and understand that you are obliged to ensure that all information held about you by HAPPYMUMS is up to date and that you can amend your registration details, at any time through the Online Service.
- The password chosen by and issued to you upon registration with HAPPYMUMS is personal to you in order to facilitate your use of and access to the Online Service and shall not be disclosed to any third party without HAPPYMUMS prior written consent.
- In the event that you believe your password or account to have been compromised you undertake to inform HAPPYMUMS immediately.
- You agree that you are and shall remain responsible for maintaining the confidentiality of your password.
- You accept and understand that you are solely liable for any use of the Online Service undertaken by use of your username and password whatsoever. DO NOT SHARE YOUR USERNAME AND PASSWORD WITH ANY OTHER PERSON OR ALLOW ANY OTHER PERSON TO USE YOUR ACCOUNT. HAPPYMUMS IS NOT LIABLE FOR ANY IMPROPER USE OF YOUR USERNAME, PASSWORD OR ACCOUNT OR ANY USE BY ANY THIRD PARTY.
- you acknowledge that third party terms and fees may apply to the use and operation of your mobile device in connection with your use of the Program, such as your carrier’s terms of services, and fees for phone service, data access, or messaging capabilities, and that you are solely responsible for payment of any and all such fees.
ONLINE SERVICE LIABILITY
- To the maximum extent permitted by law, HAPPYMUMS gives no warranty in connection with the Online Service and excludes liability for any loss or damage of any kind howsoever arising, including without limitation any direct, indirect, punitive or consequential loss whether or not such arises out of any problem you notify to HAPPYMUMS and HAPPYMUMS shall have no liability to pay any money by way of compensation, including without limitation all liability in relation to:
- the availability of the Online Service;
- any incorrect or inaccurate information on Online Service and all errors, interruptions to or delays in updating the Online Service;
- the infringement by any person of any Intellectual Property Rights of any third party caused by their use of Online Service;
- any amount or kind of loss or damage due to viruses or other malicious software that may infect a user’s computer equipment, software, data or other property caused by persons accessing, using or downloading Online Service, or from transmissions via emails or attachments received from HAPPYMUMS or its licensees
- the availability, quality, content or nature of the other sites on the internet that are owned and operated by third parties (“External Sites”) to which Online Service link and web site located on or through any External Site nor for any transactions involving External Sites (including as to ‘cookies’, personal data, confidential information, or purchases of domain names or other services). You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links, web site or transactions;
- all representations, warranties, conditions and other terms which but for this notice would have effect.
- HAPPYMUMS does not warrant that the operation of the Online Service will be uninterrupted or error free or that any error or interruption will be corrected.
- These terms above shall not limit any rights you might have as a consumer that may not be excluded under applicable law nor shall it exclude or limit HAPPYMUMS’ liability for death or personal injury resulting from its negligence nor any fraudulent representation.
Please note: You use the Online Service at entirely your own risk. It is a known risk of internet usage that people are not necessarily who they say they are. People may provide information or behave in a way that is unreliable, misleading, unlawful or illegal.
- HAPPYMUMS has no way of telling if statements made by other users are true.
- This is a decision that can only be made at your discretion and the exercise of some degree of caution is recommended.
- By using the Online Service and its services you accept that this is the case and accept the risk associated with it.
- Users must take particular care in relation to the disclosure of their own personal information. You hereby acknowledge that you have read and understand the foregoing License Agreement and agree that the action of installing the Program is an acknowledgement of your agreement to be bound by the terms and conditions of the License Agreement contained herein. You also acknowledge and agree that this License Agreement is the complete and exclusive statement of the agreement between HAPPYMUMS and you and that the License Agreement supersedes any prior or contemporaneous agreement, either oral or written, and any other communications between HAPPYMUMS and you, including any inconsistent written license agreement accompanying the Program.
- HAPPYMUMS may make alterations to the terms and conditions applicable to the use of the Online Service from time to time and these variations shall become effective immediately upon being accessible from an update or at: www.behappymum.com/eula/
- HAPPYMUMS may also remove or suspend access to the Online Service at any time.
APPLE FLOW DOWN TERMS
You acknowledge that:
- Apple has no obligation at all to provide any support or maintenance services in relation to the Program. If you have any maintenance or support questions in relation to the Program, please contact us, not Apple or, using the Contacting Us details at the end of this License Agreement;
- except as otherwise expressly set out in these terms, any claims relating to the possession or use of the Program are between you and us (and not between you, or anyone else, and Apple); and
- in the event of any claim by a third party that the Program or your possession or use (in accordance with the Term of Use) of the Program infringes any intellectual property rights, we (and not Apple or its subsidiaries) will be responsible for any such claim.
You represent and warrant that:
- you are not, and will not, be located in any country that is the subject of a United States Government embargo or that has been designated by the United States Government as a “terrorist supporting” country; and
- you are not listed on any United States Government list of prohibited or restricted parties.
If the Program does not conform with any warranty applying to it, you may notify Apple, which may then refund the purchase price of the Program (if any) to you. Subject to that, and to the maximum extent permitted by law, Apple does not give or enter into any warranty, condition or other term in relation to the Program and will not be liable to you for any claims, losses, liabilities, damages, costs or expenses of whatever nature in relation to the Program or as a result of you or anyone else using the Program or relying on any of its content.
- 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.
PRIVACY AND DATA POLICY
- HAPPYMUMS may ask you for certain information and you may submit personal data to the Online Service (such as your name and email address) when you register or sign up to the Online Service.
- HAPPYMUMS may also record which parts of the Online Service you use and as user patterns. This information will be kept securely in accordance with an internal security policy and may be used to:
- Enable and process your use of the Online Service;
- provide you with an up to date, efficient and reliable service;
- generally run the Online Service.
- By registering, using the Online Service and submitting your data you agree to this use.
- HAPPYMUMS may also record which parts of the Online Service users you use and as user patterns. This information will be kept securely in accordance with an internal security policy.
- If you believe HAPPYMUMS has information about you that you do not want HAPPYMUMS to have or that it is incorrect please contact HAPPYMUMS as described below and HAPPYMUMS shall correct or remove the data as you request as soon as reasonably practicable.
- The Program or Online Service may also use software, which records whether you have used the Online Service before on your computer/device and other information about your use. This is used to improve the Online Service and the services available to you.
- HAPPYMUMS does not store any private data including photographic and other images. All photographic and other images the user adds are stored locally on the user’s device.
© 2015 HappyMums Solutions Ltd. All Rights Reserved. BeHappyMum and the BeHappyMum logo are trademarks of HappyMums Solutions Ltd in the UK and/or other countries.
HappyMums Solutions Ltd, 5 Jupiter House, Calleva Park, Aldermaston, Reading, Berkshire, RG7 8NN