Terms and conditions
Terms and Conditions
Last updated 22 November 2021
Thank you for using our website located at tellmebaby.uk, and any other site, mobile phone applications or any other User interface associated with the website located at tellmebaby.uk (collectively, the “Site”). This Site is operated by Tell Me Group Limited (Company Number 13328936) a private company incorporated in the United Kingdom.
Any reference to “our,” “we” and “us” means Tell Me Group Limited. Any reference to “you” or “your” means you, as a User of the Site.
We reserve the right to update these Terms from time to time. Any changes to these Terms will be effective from the date published on our Site.
These Terms will prevail over any other terms or agreement between you and us.
You agree that we may terminate your access to the Site at any time and without any reason. If we request that you stop using the Site, you must immediately comply with that request.
In addition to the definitions provided above, throughout this document, the following terms have the following meaning:
- “Claim” includes any demand, claim, action, proceeding, loss (including consequential loss), damages, costs, expenses, requisition, objection, alleged right of indemnity incurred or suffered by, or brought or made or recovered against a matter, no matter how arising (whether or not presently ascertained) in the immediate future or contingent (whether criminal or civil, in contract, tort or otherwise).
- “Intellectual Property Rights” means any intellectual property including all copyright, patents, trademarks, design rights, trade secrets, circuit layouts, rights in database and data rights, domain names, know-how, trade secrets, procedures, technical designs, software and code and other rights of a similar nature, whether registrable or not and whether registered or not, and any applications for registration or rights to make such an application.
- “Law” includes a constitutional provision, treaty, decree, convention, statute, regulation, ordinance, by-law, judgment, rule of common law or equity and is a reference to that law as amended, consolidated or replaced.
- “Loss” means any liability, cost, expense, loss or damage, including without limitation in relation to a Claim, amounts payable on a Claim (whether or not the Claim is successful) and legal costs and expenses on a solicitor and own client basis.
- “Product Review Policy” means the provisions of clause 4 of these Terms.
- “Products” means any baby goods or services reviewed or recommended on the Site.
- “Services” means the services provided by us which are limited to providing you with access to the Site and the information on the Site.
- “User” refers to any person who has access to the Site either as a guest or through a registered account and login and the terms ‘you’ and ‘your’ are used throughout this document to refer to the User;
- “User Content” means any content whatsoever which you upload to the Site, including but not limited to, any text, graphics, photos, designs, trademarks, artwork, descriptions, reviews, usage data, feedback, comments, chats and media.
- “Warranties” means any warranties, conditions, terms, representations, statements and promises of whatever nature, whether express or implied.
- “Website” means the website tellmebaby.uk and any subdomains attached to this website.
2. Eligibility and registration
- To be eligible for registration and use of the Site you must:
- be registered as an individual;
- be at least eighteen (18) years of age;
- only use the Site for its intended purpose; and
- use the Site legally in accordance with your location.
3. Registration and account security
- All Users agree to and will submit to and abide by the following obligations when they register and maintain an account with us:
- Users will only create an account for themselves, unless, to the extent permissible by law, they have the express written permission and authorisation to create an account on behalf of another person;
- if an account is disabled, you will not create another account without our express written permission;
- you will not use the Site if you are under 18 years of age;
- you will take reasonable measures to protect the security of your account. This includes not disclosing your password, not allowing another person to access your account, and/or taking any other actions that may directly and/or indirectly jeopardise the security of your account;
- you will not transfer your account (including any page and/or application you administer) to anyone without first requesting and obtaining our written permission; and
- we reserve the right to remove or reclaim any username you create if we deem, at our sole discretion, that it is inappropriate and we may invite you to create a different username.
- Any actions made with your account are deemed to be carried out by you. We do not have the means to check the identities of people using the Site and will not be responsible for losses suffered by you where your password or username is used by someone else unless this is due to our negligence.
- If you become aware of any unauthorised or potential unauthorised use of your password and/or account, contact us at email@example.com. While we exercise reasonable endeavours to protect the security of your account, we do not accept any liability for any loss and/or damage from the unauthorised access of your account by a third party.
4. Product Review Policy
- Our Site is an online review platform of Products that a User has purchased and used. This Site is a research tool containing useful information in relation to Products, which parents may use to search for Products, leave reviews, post questions and receive answers. You must comply with our Product Review Policy when you submit User Content and communicate with our Users.
- When you submit User Content on the Site, such User Content may come to us for approval. User Content must be in compliance with The Consumer Protection from Unfair Trading Regulations 2008. We may remove or suspend fake or suspicious User Content or accounts. Any suspicious accounts may be suspended pending further investigation.
- When submitting User Content and otherwise communicating with Users, you must abide by the following rules:
- be friendly;
- do not post inaccurate, misleading or deceptive User Content;
- post your User Content with sufficient details about Products to show that you have used and are familiar with the product features and use.
- be clear and use accurate grammar and spelling;
- use tact and be objective when posting your User Content;
- write helpful and descriptive original content about the product and your experience;
- write original User Content – do not copy or plagiarise from others;
- do not use content generators to create User Content;
- do not personally insult another User;
- do not submit User Content in order to harass, threaten or attack anyone;
- do not behave in any way that would cause annoyance or distress to other Users;
- do not post hateful, abusive, threatening, profane User Content;
- do not post personal reprisals against companies’ owners and employees;
- do not use the Site for marketing or selling to other Users;
- do not post third party links that are wrong or may harm our Site or other Users; and/or
- do not duplicate your User Content or flood in any other way.
- We reserve the right to:
- edit or delete your User Content if it does not comply with Product Review Policy, these Terms or if we determine that we have reasonable grounds to do so;
- verify whether a User who posted a review has actually used or tried the reviewed baby product or service;
- ask a User to provide additional information for confirmation of User Content; and/or
- suspend, terminate or delete your account if we have reasonable grounds to believe that you have breached any of these policies or restrictions.
- We may from time to time review a User’s User Content submissions individually or collectively, in forming a view as to whether the nature, volume of content, frequency and timing of content submission and quality of the User Content violates these policies.
- If you become aware that someone posted a negative or fake review under your username, you should notify us at firstname.lastname@example.org by providing evidence to support your claim. We will review and investigate your claim. Upon investigation, we may place a notification on your listing with the fake review, refuse access to your listing and/or submit your claim to the Competition and Markets Authority (“CMA”). The CMA has the authority to take any necessary legal actions as well as impose penalties on a person who has violated consumer protection laws.
- Where the Site allows you to upload any User Content, you:
- represent and warrant to us that you have all right, title, interest and authority in the User Content;
- represent and warrant to us that you have the permission to use the name and likeness of each person whose image appears in any User Content in the manner contemplated by these Terms;
- represent and warrant to us that the use or exploitation of User Content will not infringe the rights of any third party (including, but are not limited to, Intellectual Property Rights and privacy rights); and
- agree and undertake to us to pay all amounts which become owing to any person (whether by way of royalty or otherwise) as a result of or in connection with your submission of the User Content to or via the Site;
- agree that it is your responsibility to back up any User Content to your own systems. We do not guarantee that the Site will always be available at all times;
- agree that we can store User Content on our servers; and
- to the maximum extent permitted by law, release us and indemnify us from any Claim or Loss in relation to User Content being stored in our servers.
- By submitting, posting or displaying your review or any other User Content on the Site, you grant us a worldwide, royalty-free, perpetual, irrevocable, transferable right and license to use, copy, host, delete in its entirety, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes), communicate, publish, publicly perform, publicly display and/or sell and/or distribute such User Content into any form, medium, or technology through the world without any compensation to you. This license continues even if you stop using our Site. You must ensure that you have the necessary rights to grant us this license for any User Content that you submit to our Site.
- You agree that this license includes the right for us to make your User Content available to others for the publication, distribution, syndication, or broadcast of such User Content on other media and services, subject to our terms and conditions for such User Content use.
5. Further User obligations
- You irrecoverably and unconditionally agree that you will not engage in any act or omission, that directly and/or indirectly constitutes or may directly and/or indirectly constitute:
- a breach of any applicable laws and/or regulations;
- unauthorised commercial communications, such as, but not limited to, spam;
- impersonation of any person and/or organisation and/or false stating an affiliation with a person and/or organisation;
- using the Site in a manner contrary to the use we have authorised such as, but not limited to, interfering with the operation of the Site;
- soliciting login information and/or accessing an account belonging to someone else;
- registration of more than one account on the Site and/or registration of any other account if your primary account has been terminated or suspended;
- use the Site in any way or take any action that could harm, disable, overburden or otherwise impair performance, availability or accessibility of the Site;
- accessing the Site through a method other than the interface and the instructions that we have provided;
- reproduce, download, send, sell, resell, transmit or otherwise post and/or distribute unauthorised advertising information, spam (including spamdexing), lists of email addresses of other people, pyramid schemes, multilevel marketing (MLM), Internet earning systems and email businesses, chain letters as well as use the Site for participation in any of the above;
- conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our Site without our express written consent; and/or
- distribute, on or through the Site, any advertising, promotion, solicitation for goods, services or funds;
6. Tell Me Baby rewards program
- We offer all Users access to the Tell Me Baby rewards program as part of the Services. To earn a reward through the program, current Users will need to have achieved 2000 reward points since the date the rewards program started.
- There is no time limit or expiry on reward points.
- Businesses, our Employees and our Contractors are not eligible for the rewards program.
- The benefits to a User joining the rewards programs include but are not limited to the collection of reward points in the Tell Me Baby reward points system.
- Users accounts can be deleted at any time if they are deemed to be suspicious or fraudulent in nature; Users may be contacted to provide supplementary proof of identity, but may also have their account cancelled with no correspondence.
- Only one account is permitted per household.
- To earn reward points, Users can:
- complete a written product review of at least 50 words to earn 100 reward points, and;
- complete a written product review with photos, earning 100 reward points.
- Users are given awards when earning the following reward points (all currency in GBP):
- 2000 rewards points – User earns £20 Amazon gift card
- Each reward can only be claimed once per 2000 points.
- Users can check their rewards points balance on their User profile or by emailing email@example.com.
- Additional promotions may be run from time to time including but not limited to annual, seasonal and event promotions. Some of these promotions may only be exclusive to reward program members and not the general public, guests or outside Users. Additional promotions and prizes should be read in conjunction with these Terms. Additional rewards points and entitlements may be awarded at any time and at our sole and absolute discretion. The number of points, prizes and conditions may vary from time to time based on availability of third party goods without prior notice to reward program members.
- Reward points are not transferable, exchangeable or redeemable for cash, and points cannot be traded or combined with multiple reward point accounts. We reserve the right to not accept reward points that do not meet these Terms (and the Product Review Policy) or are otherwise unlawful. Reward points are available whether a review is positive or negative, provided that is complies with the Product Review Policy.
- We reserve the right to act retrospectively to deduct points for rejected on disapproved User Content or cancel rewards in the event of a suspension, termination or deletion of your user access.
7. Our content and intellectual property
- We own the Intellectual Property Rights on this Site. You acknowledge that the Intellectual Property Rights in or relating to the Site is the property of or licensed by us or vests on creation in us. Any other third-party trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or property of the respective parties.
- The copyright material on the Site, if any, is protected by copyright under the laws of the United Kingdom and through international treaties.
- Unless otherwise indicated, all rights (including copyright) on the Site and a part of the compilation of the Site (including but not limited to text, graphics, logos, button icons, video images, audio clips, code, scripts, design elements and interactive features) are owned or controlled by us or any related entities. Information procured from a third party may be the subject of copyright owned by that third party.
- You must not reproduce or redistribute any material available on the Site without our permission. Nothing contained on the Site or in these Terms should be construed as granting a license or right to use any such intellectual property without our prior written consent.
- You must not collect content or information from the Site, or otherwise access the Site, using automated means, such as through harvesting bots, robots, spiders, or scrapers.
- Unless otherwise stated, we retain all rights, title and interest in and to the Site. Nothing you do on or in relation to the Site will transfer any:
- business name, trading name, domain name, trademark, industrial design, patent, registered design or copyright;
- right to use or exploit a business name, trading name, domain name, trademark, industrial design, patent, registered design or copyright;
- thing, invention, design, system, work or process that is the subject of a patent, registered design or copyright or any other Intellectual Property Right (or an adaptation, improvement, modification of such a thing, invention, design, system, work or process); or
- any proprietary rights in the Site.
8. Third-party sites and full disclosure
- The Site may link to websites that are owned and operated by third parties over whom we have no control. These external websites are governed by independent terms and conditions and privacy policies which you must review prior to using such websites.
- You acknowledge and agree that when you access a third-party website available via a link contained on the Site:
- you do so at your own risk and that to the full extent permitted by applicable law, we will not be liable for any loss or damage suffered by you or any other person as a result of or in connection with your access or use of such third-party website; and
- we are not liable for the content, accuracy, lawfulness, appropriateness, or any other aspect of that third-party website.
- You acknowledge that we may receive third-party commissions being paid to us. Levels of commissions may vary due to but not limited to products, volume and advertising. These commissions received are not rebated and we do not rebate or pass on commissions directly to you or other Users or guests. We may have a financial interest in the outcome or success of Products offered or made available to you via the Site, or that are otherwise offered or made available to you by or on behalf of us. If you need further information, please contact firstname.lastname@example.org.
9. No Warranty and limitation of liability
- To the maximum extent permitted by law, we exclude all Warranties relating to the subject matter of these Terms, our Site, the Products and the use of the Services.
- We do not Warrant that the Site will be uninterrupted or free from error or that any defects on the Site will be corrected or that the Site or servers are free of viruses or other harmful conditions or components.
- Our Site is intended to provide a general overview for information and guidance purposes only in relation to Products, and to give you a platform to search and select Products based on reviews and recommendations made by Users on the Site. We do not actually offer, sell or provide you with any Products. We only provide the Services. Although we make reasonable efforts to update the information on our Site, we do not guarantee that our Site is in all respects accurate, complete or current. We also do not say that we present all of the options available to you in relation to Products.
- In particular, we do not Warrant or express that we share any of the views, opinions, thoughts, beliefs or otherwise which have been posted on the Site by Users. We expressly disclaim that any of the content on the Site, under any circumstances, is intended to be, or in any way constitutes, any form of financial, legal, medical or other professional advice. The material and/or wording on the Site must not, in any way, be relied on as professional or other advice.
- Any information or advice provided through the Services, including any information advice in relation to the Products, health or anything else, is of general nature only. You acknowledge that:
- you must not use any Products or other accessories in a manner or for a purpose inconsistent with any instructions from the provider of the Products;
- taste and preferences change from person to person and there is no Warranty made in relation to your satisfaction with the Products; and
- we disclaim any liability for any non-economic loss including without limitation loss of enjoyment, disappointment, distress or frustration, whether physical or mental.
- Our liability arising in connection with these Terms or the Site is limited as follows:
- we exclude all liability for consequential, special, indirect or remote loss, including loss of opportunity, savings or business;
- our total maximum total liability arising in connection with these Terms is capped to £10;
- our liability is excluded to the extent that you contributed to the liability;
- we exclude all liability for anything you have been aware of for longer than six months and you have not commenced a claim; and
- our liability is subject to your duty to mitigate your loss.
- All paragraphs of this section are cumulative to one another.
10. Important information relating to health or nutritional products
- Nothing contained on this Site is intended to be or should be taken to constitute medical diagnosis or advice on medical treatment.
- The information and statements provided on this Site with respect to any health or nutritional product are not intended to diagnose, treat, cure, or prevent any disease. Such information and statement with respect to any product is for general knowledge only and should not be relied upon.
- Medical advice is required for any health or nutritional related treatment or condition and for dosages of any pharmaceutical product supplied via this Site.
- You take full and total responsibility for what you do with this information and any resulting outcomes from your actions.
- All information contained on this Site is not intended nor is it implied to be a substitute for professional medical advice or any information contained on or in any product packaging or labels.
- Despite any information provided on the Site, if any medical providers provide you with any advice in relation to medical treatments, you must follow that advice and must not do anything inconsistent with any such advice.
- You must not delay seeking medical advice from your medical providers because of any information provided on the Site.
- You should not rely solely on any information provided on the Site in relation to medical treatments, and must always obtain specific independent advice, including without limitation, advice from appropriate medical providers, to determine if medical treatments are suitable for you.
- Always seek the advice of your pharmacist or general practitioner when making decisions concerning starting any new medical treatment, continuing with medical treatment or with any questions you may have regarding any health or nutritional related Product.
11. Ending the service
- You can terminate your use of the Services at any time, although we will be disappointed by your departure.
- In addition to our other rights, we may also stop providing the Services to you or add or create new limits to the Services by giving you seven (7) days’ written notice. If we deem that you have breached any of our Terms, and we consider, in our absolute discretion, such a breach to be significant, we may terminate the Services to you immediately without any requirement to provide you with notice of such termination.
12. Updating the Site, Services or these Terms
- Users acknowledge that we may, in our absolute discretion and without penalty or notice:
- vary the Site or any part of the Site;
- vary, update, amend, add and/or delete any content regarding our Terms; and/or
- modify and/or discontinue the Site, any part of the Site and the services available on it.
- We reserve the right to update, amend, add and/or delete any content regarding any terms and conditions on the Site at any time. We may make any changes to take into account changes in the Services, the law or to deal with any perceived deficiencies in our Terms. Where we update our Terms, we do not have any obligation to inform, notify and/or advertise Users of such changes. However, as a matter of best practice we may (but are not obliged to) give you notice by posting the change on the Site or contacting you by email. Where we consider a change may cause you a material disadvantage, we may (but are not obliged to) exercise reasonable endeavours to provide you with reasonable notice.
- Users are deemed to have accepted all such revisions by accessing any part of the Site or continuing to access it after that revision is posted on the Website. Any changes to our Terms are deemed to be effective immediately after posting.
- If you do not agree to any changes, you should discontinue your use of the Services. Refer to Ending the Service above for more information about how to delete your account.
13. Change of control
- Subject to relevant laws, if we merge, sell or otherwise change control of our business or this Site, we reserve the right, without giving notice or seeking consent, to transfer or assign your Personal Data, User Content and rights that we have collected from you and any agreements we have made with you.
14. Matters beyond our reasonable control
- There may be instances where we may not be able to perform some or all obligations that we have agreed to in these Terms because of something beyond our reasonable control, which may include but is not limited to, events that constitute a force majeure which may include: pandemics, lightning, flood, severe weather, fire, explosion, terrorist activities, anything done by a government body or other competent authority, industrial disputes, technical difficulties, power outages, hardware difficulties, software difficulties or other acts, events or omissions that affect our capacity to perform certain or all obligations that we have agreed to in these Terms. There may be other reasons not expressly set out here. In these cases, you irrevocably and unconditionally agree that we do not accept responsibility or liability for not providing you with the Services or for breaching our obligations.
- To the maximum extent permitted by law, you agree to release the Released Parties from all Loss or Claims arising out of or in any way connected with any Relevant Matter. You further waive any and all rights and benefits otherwise conferred by any statutory or non-statutory law of any jurisdiction that would purport to limit the scope of a release or waiver.
- To the maximum extent permitted by law, you agree to indemnify, defend and hold harmless the Released Parties from any Loss or Claims arising out of or in any way connected with any Relevant Matter.
- You agree to promptly notify us of any third-party Claims, cooperate with all Released Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, legal fees on a full indemnity basis). You agree not to settle any Claim without our prior written consent.
- We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defence of such claim.
- In this section:
- “Released Parties” means us and our officers, directors, shareholders, agents, employees, consultants, associates, affiliates, subsidiaries, related parties, related body corporates, sponsors, and other third-party partners.
- “Relevant Matter” means anything in connection with:
- your access to or use of the Site or the Services;
- any direct or indirect consequences of you accessing or using the Site or the Services or using the Products;
- any damage to person, property, personal injury or death;
- your breach of these Terms;
- any matter for which we have purported to disclaim liability for under these Terms; and
- your breach or failure to observe any applicable law.
16. Communication by us
- As a condition of registering for tellmebaby.uk, you consent to us sending you Administrative Emails and Promotional Emails. In this document:
- ‘Administrative Emails’ involve details of account activity and purchases you have made
- The Site (excluding any linked third-party sites or services) is owned and controlled by us from our offices in the United Kingdom. The Services and our Website are hosted on a server and are governed by the laws of the United Kingdom. By accessing the Services, you accept that any disputes about the Services or its contents are to be determined by the courts having jurisdiction in the United Kingdom in accordance with the laws in force in the United Kingdom (except any principle of conflict of laws inconsistent with this requirement). The Site may be accessed throughout the United Kingdom and overseas. We make no representation that the Site complies with laws (including intellectual property laws) of any country outside the United Kingdom. If you are accessing the Site outside the United Kingdom, you accept that you are responsible for ensuring compliance with all laws and regulations in the place where you are located and that you are responsible for any breaches of law that occur. The terms of this document apply notwithstanding any other material, terms or conditions elsewhere on the Site.
- You accept that these Terms are personal to you and you agree not to assign or transfer it to anyone else, or to try to do so. However, we may take instructions from a person whom we, in our absolute discretion, think, with good reason, is acting with your permission. We can assign or transfer these Terms to another company or entity provided this does not adversely affect your rights under the agreement.
- After these Terms come to an end, the provisions of these Terms, which by their nature extend beyond the termination, will survive termination of the agreement or termination of your use or access to all or any portion of our Site.
- Unless stated otherwise in these Terms, no third party is entitled to enforce any term under these Terms under any applicable source of contract law.
- Nothing in these Terms excludes, restricts and/or modifies any guarantee, right or remedy implied or imposed by any statute or regulation which cannot lawfully be excluded, restricted or modified, which may include statutory consumer guarantees implied by statute which operate to protect the purchasers of goods and services in various circumstances. To the extent that any clause or provision of these terms and conditions is adjudged by a court of law to be invalid, the remaining terms and conditions shall remain in full force and effect.
- These Terms make up the entire agreement between the parties regarding the Services, and supersedes any prior agreements.
18. Contact information