Terms of Service

By downloading, accessing and/or using the Mumsnet Baby Bundle Application (the ‘App‘) on Your Device and using any of the Interactive Services on the App, You agree to be bound by these Terms of Use (these ‘Terms‘) and our Privacy Policy (together, the ‘App Licence‘).

The defined terms used throughout these Terms are set out in Clause 23 below.

This App Licence forms a legally binding agreement between You and Baby Bundle in relation to Your use of the App and/or the Interactive Services and applies to all Baby Bundle Members who use the App and the Interactive Services who may also be contributors of User-Generated Content posted on the App.

You should read this App Licence carefully and ensure that You understand the effect before proceeding to use the App and the Interactive Services. If You disagree with any part of this App Licence, please refrain from using the App and uninstall it from Your Device.

1. INFORMATION ABOUT US

1.1 Baby Bundle is the trading name of NICAB Limited (hereinafter referred to as ‘Baby Bundle‘ or ‘We‘, ‘Us‘ or ‘Our‘). We are a company incorporated in Jersey (registered no. 117996) whose registered office is at PO Box 641, No 1 Seaton Place, St Helier, Jersey, JE4 8YJ, Channel Islands.

1.2 Baby Bundle is an intermediary host provider of an interactive, informative, advisory and resourceful platform which facilitates and makes available to Baby Bundle Members a number of exciting features relevant throughout pregnancy and the early years of a child’s life, including but not limited to:

1.2.1 the sharing of parenting and medical know-how by way of guides and information (which shall include but not be limited to information provided by Experts);

1.2.2 the monitoring and tracking of a baby’s measurements and daily activities;

1.2.3 the sharing of information and insights by way of uploading User-Generated Content;

1.2.4 the management and diarising of baby vaccinations and check-ups;

1.2.5 the use of a functionally integrated baby monitor via the App;

1.2.6 the ability to record, document, publish and share information relevant to a baby’s first two years of life e.g. measurements, activities, photos, key events and milestones; and

1.2.7 any other features that Baby Bundle may add to the App from time to time

(together, the ‘Interactive Services‘).

2. MEDICAL INFORMATION

2.1 The information contained in the App (including content which is made available on the App by any third party, including Doctor Care Anywhere) is solely for your general information and is not to be interpreted as medical advice or opinion and should not be used for treatment purposes, or to take the place of professional medical care, or to substitute for the independent judgment of a medical professional in relation to any health issue. Neither Baby Bundle nor Doctor Care Anywhere is a medical professional and neither provides medical services or renders medical advice. The information made available on or through the App and Interactive Services should not be relied upon when making medical decisions, or to diagnose or treat a medical or health condition. Neither Baby Bundle nor Doctor Care Anywhere owes any duty of care to you in this regard and you assume all risks associated with using the App’s tools and information that relate to medical content. Neither Baby Bundle nor Doctor Care Anywhere is responsible or liable for any diagnosis which you make based on the content of the App (or any complications which arise from any treatments suggested on the App). Neither Doctor Care Anywhere nor Baby Bundle has clinically endorsed the advice contained in the ‘what Mumsnetters say’ section of the App.

2.2 If You require medical advice or services (or are in any way concerned about your baby’s health), You should consult a medical professional. Your use of the App and Interactive Services does not create a Doctor-Patient relationship between you and Baby Bundle or Doctor Care Anywhere IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR LOCAL EMERGENCY NUMBER IMMEDIATELY.

3. OUR LIABILTY

3.1 We do not accept any liability to You for any of the following types of Loss or damage, whether or not such Loss or damage was foreseen, foreseeable, unforeseen, unforeseeable, known, unknown or otherwise:

3.1.1 any business loss You may suffer, including loss of revenue, loss of profits or loss of anticipated savings;

3.1.2 loss which You suffer other than as a result of Our failure to comply with these App Terms or Our negligence or breach of statutory duty; and

3.1.3 any loss suffered due to the default of any party other than Us.

3.2 Nothing in these App Terms is intended, nor shall it be construed as an attempt, to exclude or limit any liability for:

3.2.1 fraud and/or fraudulent misrepresentation; or

3.2.2 death or personal injury arising from negligence.

4 PRIVACY

Your privacy is very important to Us. We process information about You in accordance with Our Privacy Policy, which sets out the types of data that we may collect from you and the basis on which it may be used or disclosed by us. We encourage You to read Our Privacy Policy, which is incorporated by references into this App Licence and applies to Your use of the App and the Interactive Services.

5. YOUR CONTENT AND USE OF THE APP

5.1 Baby Bundle does not claim ownership of the User-Generated Content You submit or make available for inclusion on the App. You retain all of Your ownership rights in Your User-Generated Content but, by agreeing to this App Licence, You grant the IP Licence described in Clause 5.2 below.

5.2 When using the Interactive Services, if You publish any User-Generated Content via the App by way of inputting baby information such as measurements or daily activities, You automatically grant to Baby Bundle and any of its affiliates, a worldwide, non-exclusive, royalty-free, sub-licensable, transferable licence to use, record, publish, distribute, prepare derivative works of, display and perform all that User-Generated Content, or any part of it, and the Intellectual Property Rights therein, in connection with the provision of the App and the Interactive Services, including without limitation the promotion and redistribution of all or part of Your UCG (and derivative works thereof) in any media formats and through any media channels (the ‘IP Licence‘).

5.3 You warrant and represent that You have obtained all consents and possess all copyright, patent, trademark, trade secret or any other proprietary rights, or the necessary licences thereto, to grant the licence in this Clause 5.

5.4 As between You and Baby Bundle (and third parties with whom You might share Your User-Generated Content if applicable), You assert and waive any and all moral rights in Your User-Generated Content.

5.5 The IP Licence granted by You under this Clause 5 will terminate if this App Licence terminates (for whatever reason), or You are denied access through the Baby Bundle Onboarding process or Your Baby Bundle Account is deleted (for whatever reason).

5.6 You acknowledge and agree that You have no ownership rights in Your Baby Bundle Account (other than the User-Generated Content You submit or make available via the App).

5.7 The following is a non-exhaustive list of content which is illegal or prohibited on the App. You agree that You will not submit any User-Generated Content to the App that:

5.7.1 is patently offensive, such that it is abusive or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;

5.7.2 could be harmful to minors or vulnerable adults;

5.7.3 could be seen to incite abusive behaviour from another person;

5.7.4 constitutes Inappropriate Content;

5.7.5 harasses or advocates harassment of another person;

5.7.6 involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”;

5.7.7 promotes information that You know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;

5.7.8 promotes an illegal or unauthorised copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;

5.7.9 contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);

5.7.10 displays pornographic or sexually explicit material of any kind;

5.7.11 provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal data from anyone under 18;

5.7.12 provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;

5.7.13 solicits passwords or personal identifying information for commercial or unlawful purposes from other Baby Bundle Members; or

5.7.14 engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes.

5.8 You agree that Your failure to adhere to any of the following restrictions shall constitute a breach of this App Licence on Your part. You agree:

5.8.1 not to post, frame, sell, license, modify, loan, rent, publish, reverse engineer, distribute or create derivative works based on any User-Generated Content or Content or any part of the App or the Interactive Services, or otherwise exploit such for any other purposes and in any manner whatsoever without the prior written consent of Baby Bundle or the respective licensors of the User-Generated Content or the Content including, but not limited to, by trespass or burdening network capacity;

5.8.2 not to use the App to send unsolicited advertising or promotions, requests for donations or spam;

5.8.3 not to alter or modify any part of the App or any of the Interactive Services or use the same in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

5.8.4 not to access User-Generated Content or Content through any technology or means other than the App itself or such other means as Baby Bundle may explicitly designate for this purpose;

5.8.5 not to access or attempt to access the Baby Bundle Accounts of other Baby Bundle Members (other than via the “Family Sharing” feature) or penetrate or attempt to penetrate Baby Bundle’s security measures;

5.8.6 not to (or attempt to) circumvent, disable or otherwise interfere with any security related features of the App or the Interactive Services or features that (i) prevent or restrict use or copying of User-Generated Content or Content; or (ii) enforce limitations on the use of the Interactive Services or the accessible User-Generated Content or Content;

5.8.7 not to use any area of the App or the Interactive Services for any non-permitted commercial purposes. You must obtain Our prior written consent to make commercial offers of any kind, whether by advertising, marketing, solicitations, links, or any other form of communication in accordance with these App Terms. We will investigate and take appropriate legal action against anyone who breaches this provision, including without limitation, removing the offending communication from the App and barring anyone breaching this provision from future use of the App and the Interactive Services. We reserve the right to block access to the App with respect to any Baby Bundle Member who is known or reasonably believed to be (or is associated with any person who is known or reasonably believed to be) acting unlawfully, or breaching these App Terms, or infringing Baby Bundle’s rights;

5.8.8 not to use the App to copy, store, host, transmit, send, use, publish or distribute any malicious software; and

5.8.9 not to conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to any Baby Bundle Member of the App or the Interactive Services.

5.9 If Baby Bundle reasonably believes that You have breached this App Licence, Baby Bundle may suspend or terminate Your use of the App, bar You from future use of the App and/or take appropriate legal action against You.

6. OUR APP AND CONTENT

6.2 Baby Bundle grants to You a worldwide, non-exclusive, royalty-free, revocable licence to download the App to a Device via a web browser, use the App in accordance with this App Licence and copy and store the App on Your Device for Your own personal and non-commercial use. We do not grant to You any other rights whatsoever in relation to the App or the material on the App. All other rights are expressly reserved by Baby Bundle.

6.3 All Intellectual Property Rights in and to the App, are either owned exclusively and/or used under licence by Baby Bundle (the ‘Content‘). Such Intellectual Property Rights include, but are not limited to, trade marks, service marks, trade names, computer or software code, scripts, editorial content, design elements, graphics, user interface/interactive features, audio clips, artwork, text communication, and any other content that may be found on or in the App. Such Content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purpose whatsoever without the prior written consent of Baby Bundle or, where applicable, Baby Bundle licensors. Baby Bundle and its licensors reserve all rights not expressly granted in and to the Content.

7. DISPUTES BETWEEN BABY BUNDLE MEMBERS AND THIRD PARTIES

7.1 You acknowledge that Baby Bundle has no obligation to monitor any User-Generated Content or other content provided by Baby Bundle Members, Experts or Third Party Retailers. However, We may modify or remove any such User-Generated Content or content if We believe that it is inconsistent with this App Licence, infringes a person’s Intellectual Property Rights or is otherwise unlawful.

7.2 In the event that You have a dispute with another Baby Bundle Member or third party via the App or Interactive Services, You acknowledge and agree that Baby Bundle (and our officers, directors, employees, agents, subsidiaries, affiliates, successors, and assigns) shall not be liable in respect of any claims, demands or damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such dispute.

7.3 If You believe that any User-Generated Content published by a Baby Bundle Member via the App and/or Interactive Services or any activity undertaken by a Baby Bundle Member in connection with the App is unlawful or otherwise infringes this App Licence, please notify Us by email to info@babybundleapp.com.

8. COMPLAINTS AGAINST BABY BUNDLE

8.1 We take any complaints We receive about our App very seriously. We encourage people to bring any complaints to Our attention and We welcome any suggestions for improving Our procedures. We will endeavour to solve any disagreements quickly and efficiently.

8.2 If You have any complaint against Baby Bundle in respect of Your use of the App and/or the Interactive Services, We ask that You first provide us with all relevant details by email to info@babybundleapp.com. If We are unable to resolve Your complaint within 30 days, You may escalate Your complaint to a process of mediation. If the dispute still remains unresolved, You agree that the issue shall be submitted to a mutually agreed expert for determination before either party may commence litigation.

9. TERM, SUSPENSION AND TERMINATION

9.1 This App Licence shall remain in full force and effect unless terminated by You or by Baby Bundle in accordance with these Terms.

9.2 You may terminate this App Licence by deleting Your Baby Bundle Account (including all baby profiles) and uninstalling the App from Your Device (and no longer using it).

9.3 If You fail, or Baby Bundle has reasonable grounds to believe that You have failed, to comply with any of the provisions of this App Licence, Baby Bundle, at its sole discretion and without notice to You, may terminate or suspend this App Licence and/or Your Baby Bundle Account.

9.4 In the event of such termination for any reason, Your rights under this App Licence will terminate automatically without notice from Baby Bundle. Upon termination of this App Licence, You shall cease all use of the App and uninstall/delete/destroy all copies, full or partial, of the App.

9.5 You acknowledge and agree that in seeking to update and/or improve the App and/or the Interactive Services, Baby Bundle may stop (permanently or temporarily) providing the Interactive Services (or any features within the Interactive Services) to You at Baby Bundle’s sole discretion, without prior notice to You.

10. CHANGES TO TERMS

We keep these Terms under regular review and We reserve the right to make changes to these Terms at any time (including without limitation, in respect of the removal, modification and/or variation of any elements, features and functionalities of the App). Any changes to these Terms will be effective upon the posting of the revised Terms via the App, and if You continue to use the App and/or the Interactive Services, We will be entitled to assume that You have accepted the changes. If You no longer agree with these Terms, please refrain from using the App and the Interactive Services.

11. NETWORK CHARGES

You acknowledge that the terms of agreement with Your respective Mobile Network Provider will continue to apply when using the App. As a result, You may be charged by the Mobile Network Provider for access to network connection services for the duration of the connection while accessing the App or any such third party charges as may arise and You accept responsibility for any such charges. If You are not the bill payer for the Device being used to access the App, You will be assumed to have received permission from the bill payer for using the App.

12. REGISTERING ON THE APP FOR A BABY BUNDLE ACCOUNT

12.1 By using the App, You agree that You are legally capable of entering into binding contracts, that You are thirteen (13) years old or above, and that You have read, understood, agree with, and will abide by the terms of this App Licence.

12.2 To make use of the App and the Interactive Services, You are required to download the App and fill out certain Registration Information via a Baby Bundle Registration Form. The information that You provide must be true, accurate and complete at all times.

12.3 In order to setup and access Your Baby Bundle Account securely, You will need to comply with Our Baby Bundle Onboarding process which will involve: (i) Your acceptance of our disclaimer (which shall incorporate these Terms and Our Privacy Policy); (ii) Your provision of certain information about yourself and your baby (including, but not limited to, its name, sex, expected date of birth, date of birth, measurements, daily activities and photos); and (iii) the invitation of other users through the App’s “Family Sharing” functionality (which will allow multiple users to access, generate and edit User-Generated Content).

12.4 You will keep Your Baby Bundle Onboarding information confidential and not reveal it to anyone else. You are responsible for all activities that are carried out using Your Baby Bundle Account, whether by You or another person. We do not have the means to check the identities of Baby Bundle Members using the App and will not be liable where Your Baby Bundle Account is unlawfully used by another person. You agree to notify Baby Bundle immediately by email at info@babybundleapp.com if you become aware of any unauthorised use of Your Baby Bundle Onboarding information or Your Baby Bundle Account (with “IMPORTANT” in the subject line). You will not create additional Baby Bundle Accounts for the purpose of abusing the functionality of the App or other registered Baby Bundle Members or for any other reason in breach of this App Licence.

12.5 Although Baby Bundle cannot monitor the conduct of Baby Bundle Members off the App, it is a violation to use any information obtained from the App in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit or sell to any Baby Bundle Member without their prior explicit consent.

12.6 You may not transfer ownership or sell Your Baby Bundle Account or Your Baby Bundle Membership to a third party.

12.7 Where Baby Bundle has reason to believe that You have breached any provision of this App Licence, Baby Bundle reserves the right to suspend Your access to the App and Baby Bundle Membership privileges and/or terminate Your Baby Bundle Account. This includes all Baby Bundle Memberships and Baby Bundle Accounts by virtue of association at Baby Bundle’s discretion.

13. THIRD PARTY MARKETING, APPLICATIONS, WEBSITES AND PRODUCTS

13.1 The App may contain links to websites and/or applications owned and/or operated by Our affiliates, partners and other third parties (including social media sites, the “Mumsnet Talk” application and other curated Third Party Retailer promotions). If You click on any such link, You will be redirected out of the App and into the relevant website or application.

13.2 Any purchases on, or use of, any website or application operated by a Third Party Retailer shall be subject to the separate terms of use, terms of sale and privacy policies of the Third Party Retailer, and Baby Bundle is not responsible and shall not be liable in connection with any such terms of use, terms of sale or privacy policies, or practices or content of any such website or application, or in connection with any purchase You may make via any such website or application.

13.3 Baby Bundle does not give any warranty or guarantee to You in respect of the quality of any Products sold by a Third Party Retailer or that any such Product details are accurate and not false or misleading.

14. ACCESS AND AVAILABILITY OF THE APP

14.1 You acknowledge and agree that You will not necessarily be able to successfully access and use certain functionalities of the App unless You have use of a Device which meets the Device Requirements.

14.2 Baby Bundle does not warrant or guarantee the validity or accuracy of any information on the App or provided via the Interactive Services, or that the App is kept up-to-date.

14.3 The App, its Content and the Interactive Services are delivered on an “as-is” and “as-available” basis. You acknowledge that the App is provided to You over the internet and relies on unrelated third parties (such as App hosting providers, network providers and other services providers), the activities of which are outside of Baby Bundle’s reasonable control. Due to the nature of the internet, Baby Bundle does not represent or warrant to You that:

14.3.1 Your use of the App and/or the Interactive Services will be uninterrupted, timely, secure or free from error at all times, nor that it will provide specific results from use of the App or any User-Generated Content or Content, search or link on it;

14.3.2 any information obtained or downloaded by You as a result of Your use of the Interactive Services will be accurate, reliable or free of viruses or contamination or destructive features;

14.3.3 Your shared User-Generated Content will not be used by a third party in various ways on or off the App; or

14.3.4 there will not be any defects in the operation or functionality of any software provided to You as part of the App.

15. THIRD PARTY LINKS, THIRD PARTY CONTENT AND SEARCH RESULTS

15.1 The App may enable access to third party applications, websites and services by way of hyperlinks or produce search results that reference or link to third party content on applications and websites throughout the World Wide Web (e.g. the “Mumsnet Talk” application). These are provided for Your ease of reference only and Baby Bundle does not endorse such applications or websites or accept any responsibility for the content of such applications or websites and cannot therefore guarantee, represent or warrant that the content contained in the applications or websites are accurate, legal and/or inoffensive or that they will not contain viruses or otherwise impact Your Device. Such third party links may require You to accept additional terms.

15.2 By using the App to search for or link to a website, You agree and understand that You may not make any claim against Baby Bundle for any Loss whatsoever resulting from Your use of the App to obtain search results or to link to a website.

15.3 Baby Bundle advises You to read the terms and conditions of any website that You are transferred to. You agree to use third party links at Your sole risk and that neither Baby Bundle nor its agents shall have any liability to You for third party content that may be found to be Inappropriate Content.

16. WARRANTIES

16.1 Baby Bundle Members acknowledge that Baby Bundle is solely an intermediary host provider of the Baby Bundle platform where Baby Bundle Members can make use of the Interactive Services on or via the App. Consequently, Baby Bundle cannot make any guarantees to Baby Bundle Members. For the avoidance of doubt, Baby Bundle:

16.1.1 is not a party to any purchase contract that may ensue between Baby Bundle Members and a Third Party Retailer outside of the App;

16.1.2 does not guarantee that Your use of the Interactive Services via the App will meet Your personal requirements – Your use of the App and Interactive Services is at Your own risk, and all content, material, and services provided on or through the App and Interactive Services are provided “as-is” without any warranties of any kind including warranties of merchantability, fitness for a particular purpose, security or non-infringement of Intellectual Property Rights. Neither Baby Bundle, nor any of its affiliates, suppliers, service providers or licensors warrants the accuracy or completeness of the Content, materials or services provided on or through the App and Interactive Services. The Content, materials and services provided on or through the App and Interactive Services may be out of date, and neither Baby Bundle, nor any of its affiliates makes any commitment or assumes any duty to update such Content, materials or services. The foregoing exclusions of implied warranties do not apply to the extent prohibited by law. No advice or information, whether oral or written, obtained from Baby Bundle or through the materials, Content and services will create any warranty not expressly made herein;

16.1.3 does not guarantee that the information or advice submitted by a Baby Bundle Member, a Third party Retailer or an Expert is valid, adequate, accurate and/or complete; and

16.1.4 does not warrant the availability of the App in accordance with Clause 14.

16.2 You warrant, represent and undertake to Baby Bundle that You:

16.2.1 will comply with all applicable laws when using the App and/or Interactive Services;

16.2.2 will comply with the terms of this App Licence (Clause 5 in particular) and any guidelines provided or reasonable instructions issued by Us from time to time in respect of Your use of the App;

16.2.3 are solely responsible for any breach of Your obligations under this App Licence due to Your act, omission, default or failure and for the consequences of any such breach;

16.2.4 will ensure that all information provided to Baby Bundle in connection you’re your Baby Bundle Account (when applying to become a Baby Bundle Member or at any time thereafter) is true and accurate in all respects;

16.2.5 will ensure that Your Device complies with the Device Requirements; and

16.2.6 will keep Your Baby Bundle Onboarding details secure and confidential.

17. ENTIRE AGREEMENT / SEVERABILITY / SURVIVAL

17.1 This App Licence (which incorporates Our Privacy Policy) constitutes the entire agreement between You and Baby Bundle in relation to Your use of the App and/or the Interactive Services and supersedes any prior representations, inducements or agreements relating to its subject matter.

17.2 Should the courts strike-out as invalid or unenforceable or otherwise alter any part of the terms constituting this App Licence, the remaining terms shall remain valid and in force.

17.3 The following Clauses will survive any termination or expiration of this App Licence: Clause 2 (Medical Information); Clause 3 (Our Liability), 5 (Your Content and Use of the App), Clause 7 (Disputes Between Baby Bundle Members and Third Parties), Clause 8 (Complaints Against Baby Bundle), Clause 9 (Term, Suspension and Termination), Clause 16 (Warranties), Clause 17.3 (Survival), Clause 21 (Law and Jurisdiction) and Clause 23 (Definitions).

18. ASSIGNMENT

This App Licence shall be personal to You and You may not assign, transfer or delegate all or any of Your rights and obligations, without Baby Bundle’s prior written consent. Baby Bundle reserves the right to assign or transfer all or any of its rights and obligations under this App Licence to any third party. In the event of assignment or transfer, notification will either be given to You by email or posted on the App.

19. NO WAIVER

Failure by either Baby Bundle or You to exercise or enforce any right conferred shall not be deemed to be a waiver of any such right nor operate so as to bar the exercise or enforcement thereof or of any other right on any later occasion.

20. THIRD PARTY RIGHTS

You may enforce the terms of this App Licence in accordance with the provisions of the Contracts (Rights of Third Parties) Act 1999 (the “Act”). Except as provided above, this App Licence does not create any right enforceable by any person who is not a party to it under the Act, but does not affect any right or remedy that a third party has which exists or is available apart from that Act.

21. LAW AND JURISDICTION

21.1 The terms of this App Licence and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

21.2 The English courts will have exclusive jurisdiction over any claim arising from, or related to, this App Licence although We retain the right to bring proceedings against You for breach of these conditions in Your country of residence or any other relevant country. If You are resident in Northern Ireland, You may also bring proceedings in Northern Ireland, and if You are resident in Scotland, You may also bring proceedings in Scotland.

21.3 Baby Bundle makes no claims or representations that the App may be lawfully viewed or accessed outside of the United Kingdom. Full access may not be legal by certain persons or in certain countries. If You access the App outside of the United Kingdom, You do so at Your own risk and are responsible for compliance with the laws of Your jurisdiction.

22. APP STORES

This Clause applies to any version of the App that You acquire from the Apple iOS App Store, the Android Google Play App Store or any other application store for mobiles, tablets and other relevant devices. This App Licence is entered into between You and Baby Bundle. Apple, Inc., Google Inc. and any other app store operator (each an “App Store Operator”) are not a party to this Agreement and shall have no obligations with respect to the App or Interactive Services. Baby Bundle, and not any App Store Operator, is solely responsible for the App and Interactive Services, including any maintenance and support, and the content thereof as set forth hereunder. However, each App Store Operator and any of their subsidiaries are third-party beneficiaries of this App Licence. Upon Your acceptance of this App Licence, the relevant App Store Operator shall have the right (and will be deemed to have accepted the right) to enforce this App Licence against You as a third-party beneficiary. If the App fails to conform to any applicable warranty, You may notify the relevant App Store Operator and it will refund the purchase price (if any) of the App and, to the maximum extent permitted by applicable law, the relevant App Store Operator will have no other warranty obligation whatsoever with respect to the App and, as between each App Store Operator and Baby Bundle, any other Loss attributable to any failure to confirm to any warranty is Baby Bundle’s responsibility. Baby Bundle and You both acknowledge that Baby Bundle, and not any App Store Operator, is responsible for addressing any end-user or third-party claims related to the App, including, but not limited to: (a) product liability claims, (b) any claim that the App fails to conform to any applicable legal or regulatory requirement, and (c) claims arising under consumer protection or similar law. Further, Baby Bundle and You both acknowledge that, in the event of any third-party claim that the App or Your possession or use of the App infringes on that third party’s intellectual property rights, as between Baby Bundle and the relevant App Store Operator, Baby Bundle will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.

23. DEFINITIONS

In this App Licence (except where the context otherwise requires), the following words shall have the following meanings:

Baby Bundle Account: means the secure account created upon registration from where a Baby Bundle Member can access the App and the Interactive Services via their Baby Bundle Onboarding setup.

Baby Bundle Member(s): refers to a registered user who has valid Baby Bundle Membership who is likely to be a parent, guardian, carer or other responsible adult.

Baby Bundle Membership: refers to the membership required to access the App and to avail of the Interactive Services generally.

Baby Bundle Onboarding: refers to the process of used to set up and access a Baby Bundle Account, whereby a user accepts Our disclaimer, provides certain personal information and generates a PIN in order to use the App on other devices.

Baby Bundle Registration Form: refers to the registration form required to be filled in by a user to complete Baby Bundle Membership.

Content: has the meaning given to is in Clause 6.2.

Data Protection Legislation: the Data Protection Act 1998, the Data Protection Directive (95/46/EC), the Regulation of Investigatory Powers Act 2000, the Telecommunications (Lawful Business Practice) (Interception of Communications) Regulations 2000 (SI 2000/2699), the Electronic Communications Data Protection Directive (2002/58/EC), the Privacy and Electronic Communications (EC Directive) Regulations 2003 (SI 2426/2003), in each case as amended, substituted, re-enacted or consolidated from time to time, and all applicable laws and regulations relating to the processing of Personal Data and privacy, including where applicable the guidance and codes of practice issued by the Information Commissioner.

Device: refers to the compatible mobile telephone, tablet or other relevant device.

Device Requirements: refers to the minimum specifications required for Your Device to install and use all of the features of the App.

Expert(s): refers to any provider of Content such as medical information, parenting guides and other information to Baby Bundle and Baby Bundle Members by publication on the App.

Inappropriate Content: means any material of any nature which is or which contains material which is: (a) in contravention of any law, statute, regulation, directive and/or subordinate legislation; (b) defamatory, libellous, obscene, unlawful or which would, if published, be in contempt of court; (c) material which infringes the Intellectual Property Rights of a third party; and/or (d) a virus.

Intellectual Property Rights: database rights, patents, user interface rights, rights to inventions, copyright and related rights, trademarks, trade names, domain names, rights in get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database rights, topography rights, moral rights, rights in confidential information (including without limitation know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world.

Interactive Services: refers to those services listed in in Clause 1.2 as may be supplemented or amended form time to time.

Loss: means any claims, losses, demands, actions, third party claims, damages, costs (including court costs and legal fees), fines, liabilities, obligations, liens and expenses.

Mobile Network Provider: refers to the third party mobile telecoms provider with whom You have a contract.

Product: refers to any product available for purchase via a hyperlink to any website or application operated by a Third Party Retailer.

Product Details: refers to the details pertaining to the Product.

Registration Information: refers to the registration information collected by Baby Bundle in the Baby Bundle Registration Form as further detailed in Our Privacy Policy.

Third Party Retailer: refers to a third party who is affiliated with Baby Bundle by the way of Baby Bundle promoting its application, website and/or Product(s) to Baby Bundle Members.

User-Generated Content: means content provided/generated by a Baby Bundle Member, uploaded, embedded or otherwise displayed and/or stored on the App, which may include but is not limited to text, articles, images, listings, graphics, photos, stories, audio, video, software, audio-visual combinations, interactive features and other materials in any form, medium or technology now known or hereinafter developed that may be viewed on, accessed through or disseminated publicly on the App for use by Baby Bundle, Baby Bundle Members and Visitors where applicable, but which shall exclude any personal data (as such term is defined in the Data Protection Legislation).