Terms of Use
1. Introduction
1.1. Nanny Louenna, through its App and Services provides a service for providing parents or expecting parents and guardians information on how to care for children and guidance of best practices in child care, and pre and post-natal exercises, based on text, images and videos. The Services are informative only, and the user cannot comment or ask questions in relation to the content provided.
1.2. The Services are operated by Nanny Louenna and use of our Services and registration is open to any user who registers with us.
1.3. These terms will apply to all users, registered users and subscribers (“you” or “users”).
1.4. Different levels of registration or subscription may apply, whichever level of registration or subscription you choose you will be bound by these Terms.
1.5. Please note that these Terms may be amended from time to time. Notification of any changes will be made by posting new terms onto the Services. In continuing to use the Services you confirm that you accept the then current Terms in full at the time you use the Services.
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2. Registration and Subscription
1. The App is compatible with and available for download on the Apple AppStore (iOS) and Google PlayStore (Android).
2. Use of certain Services may require registration. We may allow access to some Services without registration but we reserve the right to withdraw access without registration at any time.
3. We are not obliged to permit anyone to register with the Service and we reserve the right to refuse registration to anyone for any reason.
4. Certain functionality or facilities may only be available to registered members who have agreed to subscribe to the Site and Service ("Subscribers").
5. We offer a monthly or annual subscription for our exclusive content.
6. We reserve the rights to change our membership plans at any given time.
7. We may offer a free trial period during which we allow you, for a limited period, to access functionality which is usually only available to subscribers. Once a trial period ends if you do not take out a subscription we reserve the right to withdraw your access to the Service.
We may, at our sole discretion, extend or withdraw any trial period. Trial periods are offered strictly at our discretion and we may reduce the period or change the terms of any trial period we offer at any time.
8. Our method of payment is by in-app purchase (see clause 7 below) or credit or debit card.
9. Please note that in the event that you fail to pay any subscription fees which are due for your subscription we have the right to suspend your access to the Service immediately.
10. If any fees paid or payable by you for your subscription are subsequently disputed by your bank or card provider and withdrawn from us by way of a chargeback or otherwise we have the right to suspend your access to the Service immediately.
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2. Data Protection
2.1. When you register with the Services we will ask for some of your personal information. Any personal information you provide us with will be handled in accordance with our Privacy and Data Protection Policy.
2.2. You agree that personal information supplied to us will be kept up to date. We will use the information provided to us to contact you. You are required to provide us with such information as we may request which may include your name, email address, telephone number (for authentication), profession, country of residence, and such other information as we may reasonably request.
2.3. If we have reason to believe that there is likely to be a breach of security or misuse of the Services or the App through your account or the use of your password, we may notify you by email and require you to change your passwords on our system and with your other suppliers, or we may suspend your account until you have done so. Until you have changed all your passwords or we have reactivated your account you will not be able to access the Services.
2.4. You are not entitled to allow any other person to use or borrow your log in details or password, each additional user must use and register for the Services separately.
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3. Use and Abuse of the Services
3.1. Please note that any guidance (including guidance relating to health, nutrition, wellbeing and fitness) provided pursuant to the Services is intended strictly for general information purposes only. The Services are not intended as a substitute for medical or any other professional advice. Information or guidance provided pursuant to the Services is based on the professional opinion of Nanny Louenna and may differ to official guidelines (for instance, published by organisations such as the National Health Service or World Health Organisation). The Services do not take into account the individual circumstances of you or your child, and you should seek medical or other professional advice where appropriate.
3.2. Any content posted or published by you using the Services will be your personal responsibility. You will be personally liable for claims relating to negligence, defamation, breach of intellectual property, privacy or any other claim arising from your content.
3.3. You may not publish any illegal, offensive, inaccurate, misleading, defamatory or fraudulent content. If any such content is published by you or if in our opinion any content is published by you which damages our goodwill or the goodwill attaching to the Services we reserve the right at our discretion and without notice to take such action as we deem necessary including removing the content from the Services and terminating your registration.
3.4. You may be permitted to share content using the sharing function available on the App. Any content from our Services which is shared externally (including on any social media platforms), that you will not spam our content, or post our content on an inappropriate forum. You will not publish any illegal, offensive, inaccurate, misleading, defamatory or fraudulent about our Services, including when sharing content from our Services.
3.5. You agree that you will not share, copy, or plagiarise any content from our Services except as permitted via the sharing function available on the App. In particular, you shall not be permitted to take screenshots of the Services for the purposes of sharing such information.
3.6. You agree that you will not:
3.6.1.solicit log-in information or access an account belonging to someone else;
3.6.2.bully, intimidate, or harass any user of the Services;
3.6.3.do anything illegal, unlawful, misleading, malicious, or discriminatory using the Services;
3.6.4.do anything to suggest, express or imply that statements made by you are endorsed by us;
3.6.5.impersonate any other person whether or not that other person is a user of the Service.
3.7. We also reserve the right at our discretion to remove any content from the Services, terminate your registration and/or subscription and restrict your access to our services at any time for any reason.
3.8. In the event that you are informed that you will no longer be entitled to access the services you will not be entitled to register again and you will no longer have permission to use the Services.
3.9. If you come across any offensive, inaccurate or damaging material on the Services or if you are subject to any form of abuse or harassment we ask that you contact us immediately.
3.10. You agree not to upload any files or post or publish any on the Services that contain viruses, corrupted files, or malicious code or any other similar software or programs that may damage the operation of another's device.
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4. Advertising and Commercial Use
4.1. Users of the Services are not entitled to directly advertise to or solicit the custom of other users without our express written consent.
4.2. You are not entitled to resell or commercially exploit the contents of the Services. You are not entitled to use any data mining, robots, or similar data gathering and extraction tools to collect user names, e-mail addresses or any other data for the purposes of sending unsolicited e-mail or for any other use.
4.3. We may offer links to products being sold by our third parties partners on the App. The terms upon which you purchase any such products advertised on our App are between you and our partner.
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5. Our Liability
5.1. We will operate the Services with the reasonable skill and care of an online service provider. Services provided do not extend to detailed monitoring or supervision of content, comments or communications between users of the Services.
5.2. From time to time it may be necessary to suspend access to the Services for a period of time and any such interruptions shall not constitute a breach by us of these Terms. Our liability to you for breach of contract will be strictly limited to the subscription price actually paid by you to us.
5.3. We will not be liable for any a) business loss; b) financial loss; c) economic loss; d) consequential loss; e) loss of data; f) lost profit; f) loss of bargain or opportunity or f) indirect loss arising as a result of your use of the Services even if such loss is incurred or suffered as a result of our negligence or otherwise.
5.4. We will not be liable for any use of the Services other than for general information purposes. In particular, we will not be liable for your use of the Services other than in accordance with clause 4.1.
5.5. We will not be liable for any breach of the Data Protection Act 2018, the General Data Protection Regulation or any other applicable legislation relating to the protection of personal data in the event that you disclose personally identifiable information relating to any third party.
5.6. We will not be liable if content you have posted and stored on the Services is lost, corrupted or damaged.
5.7. Our total liability to any user (subject to clause 6.8) is limited to a maximum amount equal to the higher of a) £250 and b); the total charges paid by such user in the previous 12 months.
5.8. Nothing in these Terms will limit our liability for fraud or for death or personal injury caused as a result of our negligence.
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6. In-App Purchases & Cancellation Terms
6.1. If you are a Subscriber but wish to cancel your subscription, you must do this via your App store.
6.2. Following cancellation of your subscription plan via any of the above methods, you will no longer be charged any fees under your subscription plan. If there is any remaining time on your existing paid subscription, your access to paid-for features will continue until its expiry date unless you contact us to specifically request that we remove your account’s access to paid-for features immediately. Posted content will remain available on our Services following termination of your registration.
6.3. In addition to the App’s content and features available to users free of charge or as part of a free trial, users may also purchase certain in-app items including subscriptions (“In-App Purchases”).
6.4. By ordering an In-App Purchase, you acknowledge there is an obligation to pay for such InApp Purchase.
6.5. Users must be at least 18 or over in order to make In-App Purchases. If you are under the age of 18 and would like to make an In-App Purchase, you must have your parent or guardian’s permission and by making any In-App Purchases, you confirm that you have the necessary permissions to do so.
6.6. When you place an order for an In-App Purchase within the App, the download for the content will begin immediately. Please note that because the content will be made immediately available to you, you will lose your statutory 14 day right to cancel the In-App Purchase. By making an In-App purchase, you acknowledge you will lose this cancellation right and will not be entitled to a refund.
6.7. In-App Purchases are processed by the relevant app-store provider from which the App was downloaded, whether this is the Apple AppStore (iOS) or Google PlayStore (Android), and if you make any In-App Purchases in the App, the relevant app-store’s providers own billing terms and conditions will apply. For more information on how your personal data is processed by them, please refer to the relevant app-store provider’s privacy policies.
6.8. All In-App Purchases may be used within the App only and cannot be redeemed outside of the App, exchanged for cash or other consideration, or be transferred to any other user or person.
6.9. All In-Purchases made through the App are your responsibility and we will have no responsibility over which or how many purchases are made by you.
6.10. If you have made an In-App Purchase but are unable to download it properly, whether you are having issues in downloading the content or you are unable to access the content once downloaded, we will either provide you with a replacement In-App Purchase or repair the fault. If however we are unable to provide you with a repair or replacement within a reasonable time frame, we will authorise the relevant app-store provider to provide you with a refund.
6.11. If would like to amend or manage the settings for the In-App Purchases, you will need to do so via the relevant app store provider’s settings, or if you have any queries or issues that are payment related, please contact the relevant app-store provider directly.
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7. Intellectual Property and App Licence
7.1. If you have downloaded a copy of our App, then subject to your agreement to these Terms we hereby grant a non-exclusive, non-transferable licence to download a copy of the App to such devices as are personally used by you and to use the App for your personal purposes. You may also take back-up copies of the App for personal use. We reserve the right to terminate this licence if you are in breach of these Terms. You may not transfer this licence.
7.2. You may not use, copy, modify or transfer the App or any materials or documents we have supplied to you except as expressly set out in these Terms. You may not translate, reverse engineer, decompile, disassemble, modify or create derivative works based on the App, except as expressly permitted by law.
7.3. By providing content for distribution by our Services you expressly grant us a royalty-free, perpetual, irrevocable licence to use such content in order to deliver the Services to you.
7.4. The App together with the format and content of the Services is protected by copyright and we reserve all rights in relation to our copyright whether owned or licensed to us and all rights are reserved to any of our registered and unregistered trademarks (whether owned or licensed to us) which appear on the Services.
7.5. The App and Services may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. You may not systematically extract and/or re-utilise parts of the contents of the App without our
express written consent.
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8. Notice and Take-Down
8.1. We will make all reasonable efforts to delete accounts which are being used in breach of our Terms and to identify and remove content that is defamatory or infringing on intellectual property rights or otherwise in breach of our media policy when we are notified but we cannot be responsible if you have failed to provide the relevant information.
8.2. In the event that you believe that an account is being used in an inappropriate manner or that any Content which is distributed using the Service is defamatory or infringing on intellectual property rights you should notify us in writing either by email to hello@louenna.com including the following:
8.2.1.Your full name and contact details, including postal address, telephone number and email address;
8.2.2.The location where the defamatory or infringing content appears;
8.2.3.The content that you believe is defamatory or infringing on intellectual property rights;
8.2.4.The reasons that you believe the content is defamatory or infringing on intellectual property rights;
8.2.5.A statement confirming that you are authorised to act on behalf of the claimant or rights holders;
8.2.6.A signed declaration truth in respect of the information in the notice.
8.3. Any statement made under this clause may be used in court proceedings.
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9. General
9.1. You shall comply with all foreign and local laws and regulations which apply to your use of our Services in whatever country you are physically located.
9.2. These conditions are governed by and construed in accordance with the laws of England and Wales. You agree, as we do, to submit to the non-exclusive jurisdiction of the English courts.
9.3. If you breach these Terms and we decide to take no action or neglect to do so, then we will still be entitled to take action and enforce our rights and remedies for any other breach.
9.4. We will not be responsible for any breach of these Terms caused by circumstances beyond our reasonable control.
9.5. We may make changes to the format of the Services, or to the App’s content at any time without notice.
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10. Contact Us
10.1. If you have any questions about these Terms, please contact us at hello@louenna.com.
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