These Terms and Conditions govern your use of our website (the “Website”), our products (the “Products”), including, without limitation, our Sleep Programme, ebooks, videos and articles, and our services (the “Services”). By using our Website, Products and Services, you accept these Terms and Conditions in full.
1.1. The Website, Products and Services are owned, operated and provided by Baby Smiles Club (“Baby Smiles Club,” “we” or “us”). By using the Website, Products and Services, you agree to be bound by these Terms and Conditions and to use the Website, Products and Services in accordance with these Terms and Conditions, our Privacy Notice and any additional terms and conditions that may apply to specific sections of the Website or to our Products and Services or from us. Accessing the Website, Products or Services in any manner, whether automated or otherwise, constitutes use of the Website, Products or Services and your agreement to be bound by these Terms and Conditions in full.
1.2. We may, at any time, modify these Terms and Conditions without notice to you. Any such modification will be effective immediately upon public posting on our Website. Your continued use of our Website, Products or Services following any such modification constitutes your acceptance of the modified Terms and Conditions.
1.3. We may, at any time, change the information on our Website or in our Products and Services, or suspend or discontinue the Website, our Products or Services, without notice to you. Access to our Website, Products or Services may be delayed, restricted or interrupted from time to time.
2. Our Website, Products and Services
2.1. The content, information and materials provided on our Website, and in our Products and Services, are provided for general informational purposes only. It may not be applicable to, or suitable for, your child. It does not constitute medical advice, or other professional advice, and should not be used in place of such advice. If you have any concerns about your child’s health or behaviour, or any questions about whether the information contained in our Website, Products or Services is suitable for your child, you should consult your medical advisor.
2.2. Whilst we have made reasonable endeavours to ensure that the content, information and materials provided on our Website, and in our Products and Services, is accurate at the time it is included, we accept no obligation to ensure that the content, information and materials is complete, accurate or up to date, or that the Website, or our Products and Services, will remain accessible.
2.3. To the extent permitted under applicable law or regulation, we exclude all liability (howsoever caused) to you or any third parties for any loss or damage relating to the use of, inability to use, or reliance on our Website or its content, or information and materials contained therein, or on our Products, or their content, or information and materials contained therein, or on our Services, or on any third-party materials, products or services made available through the Website or by us in any way.
2.4. We are not responsible if you are unable to access our Website, Products or Services due to a virus or other harmful components. To the extent permitted under applicable law or regulation, we exclude all liability (howsoever caused) to you or any third parties for any loss or damage relating to a virus or other harmful component affecting your computer or mobile device.
3. Intellectual Property Rights
3.1. The Website and all the materials available on the Website, and our Products and Services, are the property of us and/or our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws.
3.2. The Website and all the materials available on the Website, and our Products and Services, are provided solely for your personal non-commercial use. You may not use the Website or the materials available on the Website, or our Products or Services, in a manner that constitutes an infringement of our rights or that has not been authorised by us.
3.3. Unless explicitly authorised in these Terms and Conditions, or you have obtained prior written consent from us, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means, including on social media, or in any online chat room or other online forum) any material from the Website, our Products or our Services. You may, however, download and/or print one copy of pages from our Website or our Products, for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices.
4. Linking and Framing
4.1. You may establish a hypertext link to the Website so long as the link does not state or imply any sponsorship of your website by us or by the Website, or our Products or Services. However, you may not, without our prior written consent, frame or inline link any of the content of the Website, or our Products or Services, or incorporate into another website or other service any of our material, content or intellectual property.
4.2. Throughout the Website and in our Products and Services, we may provide links and pointers to internet sites maintained by third parties. Our linking to such third-party sites does not imply an endorsement or sponsorship of such sites, or the information, products or services offered on or through the sites. In addition, neither we nor our affiliates operate or control in any respect any information, products or services that third parties may provide on or through the Website or on websites linked to by us on the Website.
5. Access to our Website, Products and Services
5.1. Your purchase of access to our Website and our Products and Services is for your sole personal and non-commercial use. Sharing of purchases is not permitted and will be considered unauthorised, an infringing use of our copyrighted material, and may subject violators to liability.
5.2. To access certain features of the Website, we may ask you to provide certain demographic information including your gender, year of birth, postcode and country. In addition, if you elect to sign-up for a particular feature of the Website, such as chat rooms, weblogs, bulletin boards or email services, you may also be asked to register with us and such registration may require you to provide personal information such as your name and email address. You agree to provide true, accurate, current and complete information about yourself as prompted by the registration form. If we have reasonable grounds to suspect that such information is untrue, inaccurate, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Website or our Products or Services (or any portion thereof). Our use of any personal information you provide to us is governed by the terms of our Privacy Notice.
5.3. To use certain features of the Website and to access our Products and Services, you will need a username and password, which you will receive through the registration process. You must ensure that the username and password are kept confidential. You are responsible for maintaining the confidentiality of the username, password and account and are responsible for all activities (whether by you or by others) that occur under your username, password or account. You agree to notify us immediately of any unauthorised use of your username, password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to protect your username, password or account information.
5.4. We may disable your username and password for any reason, and without notice or explanation to you.
6. Interactive Features
6.1. Our Website may include a variety of features, such as chat rooms, weblogs and bulletin boards which allow feedback to us and real-time interaction between users, and other features which allow users to communicate with others. Responsibility for what is posted on chat rooms, weblogs, bulletin boards, and other public posting areas on the Website, or sent via any email services on the Website, lies with each user – you alone are responsible for the material you post or send. We do not control the messages, information or files that you or others may provide through the Website.
6.2. It is a condition of your use of the Website and our Products and Services that you do not:
6.2.1. Restrict or inhibit any other user from using and enjoying the Website, our Products or our Services.
6.2.2. Use the Website, our Products or our Services to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
6.2.3. Interfere with or disrupt any servers or networks used to provide the Website or its features, or disobey any requirements, procedures, policies or regulations of the networks we use to provide the Website.
6.2.4. Use the Website, our Products or our Services to instigate or encourage others to commit illegal activities or cause injury or property damage to any person.
6.2.5. Gain unauthorised access to the Website, or any account, computer system, or network connected to the Website, by means such as hacking, password mining or other illicit means.
6.2.6. Obtain or attempt to obtain any materials or information through any means not intentionally made available through the Website.
6.2.7. Use the Website to post or transmit any unlawful, threatening, abusive, libellous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any local, state, national or international law.
6.2.8. Use the Website to post or transmit any information, software or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights or that is protected by copyright, trademark or another proprietary right, or derivative works with respect thereto, without first obtaining consent from the owner or rights holder.
6.2.9. Use the Website to post or transmit any information, software or other material that contains a virus or other harmful component.
6.2.10. Use the Website to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contains advertising.
6.2.11. Use the Website, our Products or our Services to advertise or solicit to anyone to buy or sell products or services, or to make donations of any kind, without our prior written consent.
6.2.12. Gather for marketing purposes any email addresses or other personal information that has been posted by other users of the Website.
6.3. Any user failing to comply with these Terms and Conditions may be expelled from and refused continued access to the message boards, chats or other public forums in the future.
6.4. Message boards, chats and other public forums are intended to serve as discussion centres for users and subscribers to our Website, Products and Services. Information and content posted within these public forums may be provided by our staff, our outside contributors, or by users not connected with us, some of whom may employ anonymous user names. We expressly disclaim all responsibility and endorsement and make no representation as to the validity of any opinion, advice, information or statement made or displayed in these forums by third parties, nor are we responsible for any errors or omissions in such postings, or for hyperlinks embedded in any messages.
6.5. Under no circumstances will we, our affiliates, suppliers or agents be liable for any loss or damage caused by your reliance on information obtained through these forums. The opinions expressed in these forums are solely the opinions of the participants and do not reflect the opinions of us or any of our subsidiaries or affiliates. We are not liable for any defamatory, offensive or illegal conduct of any user.
6.6. We have no obligation whatsoever to monitor any of the content or postings on the message boards, chat rooms or other public forums on the Website. However, you acknowledge and agree that we have the absolute right to monitor the same at our sole discretion. We reserve the right to alter, edit, refuse to post or remove any postings or content, in whole or in part, for any reason and to disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request and to protect ourselves, our clients, sponsors, users and visitors.
We may cancel or terminate your right to use the Website or any part of the Website, or our Products or Services, at any time without notice. In the event of cancellation or termination, you are no longer authorised to access the Website, or part of the Website, or our Products or Services affected by such cancellation or termination. The restrictions imposed on you with respect to material downloaded from the Website, and the disclaimers and limitations of liabilities set forth in these Terms and Conditions, shall survive.
8.1. The content, information and materials provided on our Website, and in our Products and Services, and any third-party sites, are provided “as-is” and without warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties as to merchantability and fitness for a particular purpose.
8.2. We do not warrant that the Website or any of its functions, or our Products and Services, will be available or provided uninterrupted or error-free, that defects will be corrected, or that any part of the Website or our Products or Services, including bulletin boards, or the servers that make the Website available, are free of viruses or other harmful components.
8.3. We do not warrant or make any representations regarding the use or the results of the use of the Website, our Products or our Services, or on third-party sites, in terms of their correctness, accuracy, timeliness, reliability or otherwise.
You agree at all times to defend, indemnify and hold harmless us and our affiliates, successors, transferees, assignees and licensees and their respective parent and subsidiary companies, agents, associates, officers, directors, shareholders and employees of each from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to your breach of any obligation, warranty, representation or covenant set forth herein.
If you are dissatisfied with the Website or any of our Products or Services, you may be entitled to a refund. For details, see our Refund Policy.
11. Governing Law
These Terms and Conditions and all issues regarding our Website, Products and Services are governed by English law and all disputes shall be determined exclusively by the English courts.
Last updated: 12 August, 2020