The use of this Website and these Terms are governed by English law and will be subject to the exclusive jurisdiction of the courts of England and Wales.
1 - INFORMATION ABOUT US
1.1 www.mamaonthemove.co.uk is a website created by Laura Gibb and Tamsin Yates.
1.2 If you want to contact us, you can do so by email firstname.lastname@example.org or in writing to Mama on the Move, 42 Fernbank Road, Bristol, BS6 6PU
2 - ACCESS AND USE OF THE WEBSITE
2.1 We grant you a limited, revocable and non-exclusive licence to access and make personal use of this Website. Any use of the materials and information on the Website other than for private, non-commercial viewing purposes is strictly prohibited. You are responsible for making all arrangements necessary for you to have access to our Website.
2.2 When using particular services on the Website, you may be subject to any rules applicable to such services which may be posted from time to time. If you do not agree with these terms and conditions and/or any additional rules for specific services and/or are not authorised to do so, you should not continue to access and use the Website.
2.3 We reserve the right to prevent and/or suspend your access to the Website where we reasonably consider that you are in breach of these terms and conditions or any applicable law or regulation. Access to this Website may also be subject to interruptions from to time to time in order for maintenance and/or repair work to be carried out.
2.4 If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential and you must not disclose it to any third party. You must inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner. You agree to accept responsibility for all activities that occur under your account or password. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms.
2.5 Occasionally, at our discretion, we may include or offer third party products or services on our site. These third party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.
3 - YOUR WEBSITE SUBSCRIPTION
3.1 For the precise details applicable to your programme, please refer to the information given in each of our offers and the email sent to you confirming your membership.
3.2 Only persons aged 18 years and over are permitted to subscribe to the Website. By joining, you warrant that you are at least 18 years old.
3.3 You will be sent an email at your email address confirming registration of your order. We cannot accept your order if your email address or card authorisation is invalid.
3.4 We may decline (without giving any reason) to accept a membership subscription for any of our services or products. Acknowledgement of your order is not acceptance.
4 – DELIVERY AND USE OF SUBSCRIPTION CONTENT
4.1 Unless there are exceptional circumstances, a notification regarding your successful application will be delivered to you within approximately 24 hours to the email contact address that you have provided to us. In the event of any error or omission, your subscription order may not be accepted.
4.2 The subscription services and products will be used at your own risk from the time of acceptance as set out in our Disclaimer in section 13.
4.3 Delivery of the content of the services and products within the subscription will only begin when we receive full payment of all sums due in respect. Ownership of Intellectual Property and image rights remains ours at all times, as set in section 7.
5 – CANCELLATION AND REFUNDS
5.1 You have a statutory right to cancel this agreement within 14 days of entering into it and without giving a reason in accordance with regulation 29 of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (“the Regulations”). That right would require us to reimburse you any money you paid to us in that period. If you wish to exercise your right to cancel you may do so in the same manner as described in the previous clause. If you do so, you must give us sufficient information to be able to identify you and to realise that you wish to cancel this agreement.
6 - PRICES
6.1 The price of any services or products will be as quoted on the Website. Prices are given in pounds sterling (£) and include any applicable VAT. The Website may modify its prices at any time according to economic circumstances.
6.2 Payments for the Website subscription can only be made online through PayPal and not by cheque or postal order. We may, from time to time, change the payment provider or providers that we use to process your payments. You consent to all payment providers we use processing your debit or credit card details for the purpose of processing your payment.
7 - INTELLECTUAL PROPERTY AND RELATED RIGHTS
7.1 The Website and all its component parts, including but not limited to its contents, photos, text, presentations, names, titles, brands, drawings, models and the associated software are protected by intellectual property rights and related rights and are the property of Mama on the Move. Accordingly, any use, reproduction, representation or distribution in part or in full of these items, other than reproductions with no amendments or alterations made for personal and private copying purposes only, is strictly prohibited. You must not use any part of the materials on the Website for commercial purposes without first obtaining a written express licence to do so.
8 - OUR LIABILITY
8.1 We warrant to you that any subscription service or product purchased through the Website is of satisfactory quality and reasonably fit for the purposes for which services and products of this kind are commonly supplied.
8.2 Except where these Terms say otherwise, our liability for losses you suffer arising out of this agreement or our provision of information or other services to you is strictly limited to the purchase price of the services or products you purchased.
8.3 This does not include or limit in any way our liability for (i) death or personal injury caused by our negligence; (ii) fraud or fraudulent misrepresentation; or (iii) any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
8.4 We are not responsible for indirect losses which happen as a side effect of the main loss or damage including but not limited to: (i) loss of income or revenue (ii) loss of business (iii) loss of profits or contracts (iv) loss of anticipated savings (v) loss of data or (vi) waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise; provided that this paragraph 8.4 shall not prevent claims for loss of or damage to your tangible property that fall within the terms of paragraphs 8.1 or 8.2 or any other claims for direct financial loss that are not excluded by any of categories (i) to (vi) inclusive of this paragraph 8.4.
8.6 This Website and all information, content, materials and services included on or otherwise made available to you through this Website are provided by us on an "as is" and "as available" basis. We make no representations or warranties of any kind, express or implied, as to the operation of this Website or the information, content, materials or services included on or otherwise made available to you through this Website. By using this Website, you expressly agree that your use of this Website is at your sole risk.
8.7 We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control.
9 - CHANGES TO TERMS & CONDITIONS
We reserve the right to amend or delete any part of the Website and/or these Terms at any time without notice. Therefore, we recommend that you review these Terms on a regular basis to ensure that you are kept up-to-date with any such changes.
10 - VIRUSES, HACKING AND OTHER OFFENCES
10.1 You must not use the Website in any way that causes, or is likely to cause, the Website or access to it to be interrupted, damaged or impaired in any way. You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack.
10.2 By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990 as amended or like legislation. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.
10.3 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or to your downloading of any material posted on it, or on any website linked to it.
10.4 You must not use the Website as part of any unlawful activity or to cause anyone annoyance, inconvenience or needless anxiety.
10.5 We do not warrant that this Website; information, content, materials, products (including software) or services included on or otherwise made available to you through this Website; their servers; or email sent from us are free of viruses or other harmful components.
11 - WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using the Website, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on our Website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
12 - GENERAL
If we fail at any time to insist upon strict performance of any of your obligations under these terms and conditions or any other contract, or if we fail to exercise any of the rights or remedies to which we are entitled under these terms or any other contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default.
13 - DISCLAIMER
Any exercise is not without inherent risks and any exercises may result in injury or illness. We therefore advise you to consult a doctor before attempting any physical exercise programme. The exercises demonstrated in this Website have been carefully categorised and constructed for the purposes described, but they may not be suitable for everyone. If you engage in this exercise programme, you agree that you do so entirely at your own risk, and you further agree that you will follow the instructions given in this programme in all respects. We exclude to the fullest extent permitted by law any and all liability for injuries that may arise from and in connection with the exercises demonstrated in this programme.
This site offers health, fitness and nutritional information and is designed for educational purposes only. You should not rely on this information as a substitute for, nor does it replace, professional medical advice, diagnosis, or treatment. If you have any concerns or questions about your health, you should always consult with a physician or other health-care professional. Do not disregard, avoid or delay obtaining medical or health related advice from your health-care professional because of something you may have read on this site. The use of any information provided on this site is solely at your own risk.
Developments in medical research may impact the health, fitness and nutritional advice that appears here. No assurance can be given that the advice contained in this site will always include the most recent findings or developments with respect to the particular material.
If you are in the United Kingdom and think you are having a medical or health emergency, call your health care professional, or GP immediately.
Please also take account of the following advice if you are pregnant:
You must have a pregnancy health check with your Midwife/GP before you start this or any other exercise or fitness programme.
It is particularly essential if you have any of the following conditions that you go and see your GP or Midwife for specific advice as exercise may be contra indicated in early or even for your whole pregnancy:
- History of miscarriage in the previous pregnancy
- Medical problems such as diabetes, kidney disorder and or respiratory problems
- History of cardiac disease
- High blood pressure
- Medication which alters blood flow or cardiac output
- History or present joint problems
- Poor general health and immunity problems
- Expecting twins/ triplets
- IVF conception
- History of premature labour (birth before 35 weeks gestation)
- Incompetent cervix
Please note that some complications may not happen immediately but only appear as you progress through your pregnancy. Therefore it is very important that you re-read the above list after each check up with your midwife/ GP to check that it is still safe to exercise.
If any of the following conditions, complications or changes arises at any time during your pregnancy then it is strongly advised that you immediately stop all exercise and seek the advice of your medical practitioner.
Stop & Seek Medical Advice if you experience any of the following symptoms:
- Any vaginal bleeding
- High blood pressure
- Prolonged headaches and/or ‘flashing' lights in your vision
- Anaemia or severe fatigue
- Any infection or high temperature and fever
- Leak of fluid which may be rupture of membranes
- Urinary incontinence
- Baby has been medically confirmed to be small for dates (IUGR)
- Placenta praevia has been diagnosed
- Swelling, pain & redness in calf (DVT)
- Fainting and dizzy spells
- Any abdominal pain
Please also take account of the following general advice if you are postnatal:
Do not exercise if:
- You are feeling unwell, faint or dizzy, or if you have eaten a heavy meal in the last two hours, or if you have been drinking alcohol.
- You are in pain or have sustained any injury. If so, consult your doctor before undertaking any of the exercises.
- You are taking pain-killers – they will mask any warning pain
- You are undergoing medical treatment or taking drugs. Consult your doctor before exercising.
- You feel any pain. Always stop any exercise if it causes pain.
- You are in any doubt at all about the applicability to you of any of the routines in this programme. If so, do not attempt them.
- You have a Body Mass Index (BMI) below 18 or over 35. You are responsible for knowing your own BMI. For the avoidance of doubt, if you have a BMI of under 18, or a BMI of 35 or more, you must consult your doctor before attempting any exercise or nutrition plan on Mama on the Move.
You should consult your physician or other health care professional before starting this or any other fitness programme to determine if it is right for your needs. This is particularly true if you (or your family) have a history of high blood pressure or heart disease, or if you have ever experienced chest pain when exercising or have experienced chest pain in the past month when not engaged in physical activity, smoke, have high cholesterol, are obese, or have a bone or joint problem that could be made worse by a change in physical activity. Do not start this fitness programme if your physician or health care provider advises against it. If you experience faintness, dizziness, pain or shortness of breath at any time while exercising you should stop immediately.
14 - PROHIBITED ACTIVITIES
14.1 The Website and the products and services are not intended for children under the age of 18 and children under 18 should not use the Website or the products and services. You acknowledge and agree that the Website and products and services contain proprietary and confidential information that is protected by applicable intellectual property and other laws, and are the sole property of Mama on the Move. Unless otherwise specified in writing, the products and services are for your personal and non-commercial use. In connection with your use of the Website and/or the products and services, you acknowledge and agree that you will not:
- Copy, reverse engineer, reverse assemble, otherwise attempt to discover the source code, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, software, products or services obtained through the Website or the products and services
- Access the Website or Services by any means other than through the standard industry-accepted or Mama on the Move - provided interfaces;
- Post or transmit any material that contains a virus or corrupted data;
- Delete any author attributions, legal notices or proprietary designations or labels;
- Manipulate or otherwise display the Website and/or the products and services by using framing or similar navigational technology;
- Register, subscribe or unsubscribe any party for any product or service if you are not expressly authorized by such party to do so;
- Use the Website or the products and services in any manner that could damage, disable, overburden or impair Mama on the Move servers or networks, or interfere with any other user's use and enjoyment of the Sites and/or the products and services;
- Gain or attempt to gain unauthorized access to any of the Sites, products and services, accounts, computer systems or networks connected to Mama on the Move through hacking, password mining or any other means;
- Obtain or attempt to obtain any materials or information through any means not intentionally made available through the Sites or the products and services or harvest or otherwise collect information about other users without their consent;
- Use the websites in any manner that could damage, disparage, or otherwise negatively impact. In addition, you agree to comply with our Posting Guidelines below. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, COPYING OR REPRODUCING ANY SERVICES, PROGRAMS, PRODUCTS, INFORMATION OR MATERIALS PROVIDED BY THE WEBSITE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.
14.2 If you carry out a Prohibited Activity or act in a manner contrary to our Message Boards, Chat Rooms and Posting Guidelines then we may deem it necessary to cancel your subscription. If this happens then we shall not refund any amounts you may have already paid to us.
15 - MESSAGE BOARDS, CHAT ROOMS AND POSTING GUIDELINES
We may make message boards, chat rooms, and other interactive forums available as part of the Website products and services. You should be aware that any information which you post to these interactive forums or otherwise choose to make publicly available, including your Personal Information, may be disclosed and available to all users who have access to that portion of the Website or products and services. By using these interactive forums, you agree that we are not responsible for any information that you disclose or communicate in such forums, and any disclosures you make are at your own risk.
Message boards, chats and other public forums are intended to serve as discussion centres for users and subscribers of the Website. These are public forums and any information that you post on the Website or through the products and services may be seen by anyone on the Internet. Any user will have the ability to edit or delete their own posts after posting.
When posting information through the products and services you must comply with our Community Guidelines. In particular, use good taste when discussing sensitive topics. Both users and moderators are required to treat others with respect and honesty. Be fair and informative. Post honest and valuable information and don't post rumours or negative opinions that are not supported by facts. Unless the information in your post arises directly from your personal experience, references to any health-related or medical information you provide must be included in your post.
In addition to the prohibited activities described above, when posting information and media on the Website or through the products and services you must not:
- Post anything that interferes with or disrupts the Website or the operation thereof, including files that contain malicious code, viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer, network or the Website;
- Post statements or materials that are libellous or defame, harass, abuse, stalk, threaten, intimidate or in any way infringe on the rights of others;
- Post statements or materials that violate other contractual or fiduciary rights, duties or agreements;
- Post or upload personal information, pictures, videos or any other media of another person without their express permission;
- Delete or revise any material posted by any other person or entity;
- Post statements or materials that are bigoted, hateful, racially offensive, vulgar, obscene, pornographic, profane, or otherwise objectionable, including language or images that typically would not be considered socially or professionally responsible or appropriate in person;
- Post statements or materials that encourage criminal conduct or that would give rise to civil liability or otherwise violate any law or regulation in any jurisdiction;
- Post statements or materials that in any way harm minors;
- Post statements or materials that impersonate any other person or entity, whether actual or fictitious, including, without limitation, employees and representatives of the Website;
- Post statements or materials that misrepresent your affiliation with any entity and/or the Website;
- Post anything that violates the privacy or publicity rights of any other person, including, without limitation, posting any personal identifying information of another individual, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers, credit card numbers or any trade secrets or information for which you have any obligation of confidentiality;
- Post statements or materials that constitute junk mail, spam or unauthorized advertising or promotional materials, including, without limitation, links to commercial products or services or any political campaigning;
- Post material that in the sole judgment of the Website is objectionable or restricts or inhibits any person or entity from using or enjoying any interactive features or other portions of the Site, or which may expose the Website or its users to harm or liability of any nature; or
- Post material that infringes, or that may infringe, any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party, or that you otherwise do not have the right to make available, without the express permission of the owner of the copyright, trademark or other proprietary right. The Website does not have any express burden of responsibility to provide any user with indications, markings or anything else that may aid any user in determining whether the material in question is copyrighted or trademarked. Users shall be solely liable for any damage resulting for infringements of copyrights, trademarks, proprietary rights or any other harm resulting from such submission.
Any user failing to comply with these guidelines may be expelled from and refused continued access to the message boards, chats or other public forums in the future. The Website or its designated agents may remove or alter any user-created content at any time for any reason. Materials posted and/or uploaded to the various public forums may be subject to size and usage limitations. You are responsible for adhering to such limitations.
The Website expressly disclaims 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. Under no circumstances will the Website 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 the Website.
The Website has no obligation whatsoever to monitor any of the content or postings on the message boards, chat rooms or other public forums. However, we reserve the right to monitor the same at our sole discretion. The Website employees typically moderate our boards on a daily basis. Unless otherwise stated, these moderators are not medical professionals and should not be construed as such. Our moderators 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. In addition, the Website and the Website’s moderators reserve the right to contact users to inform them of policies, hide users’ posts or delete users’ accounts without warning or notice in advance, for any reason, including but not limited to the violation of these Terms.
By sending or transmitting to us content, images, video, audio files, creative suggestions, ideas, notes, concepts, information or other materials (collectively, "Submission Materials"), or by posting such Submission Materials on the Sites, you hereby grant to us and our designees a worldwide, non-exclusive, sublicenseable, assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute, modify, create derivative works of, publicly perform, publicly display, digitally perform, sell, offer for sale and import such Submission Materials in any media now known or hereafter devised, for any purpose whatsoever, commercial or otherwise, without compensation to you. The foregoing license to the Website shall be fully paid-up and royalty free. You represent and warrant that any person or entity named or pictured in such Submission Material has provided any necessary licenses, rights or authorizations to allow the Website's use of such Submission Materials in accordance with such license. None of the Submission Materials disclosed or posted via message boards, chats or other public forums shall be subject to any obligation, whether of confidentiality, attribution or otherwise.
16 - CHILDREN’S INFORMATION
The Website and products and services are not directed or intended for children under 18 years of age, you should not register or provide Personal Information on the Website or through the products and services. If you are the parent or guardian of a child whom you believe has disclosed Personal Information to us, please contact us at email@example.com so that we may delete and remove such child's information from our systems.