BestBaby Terms of Service

Role of BestBaby

BestBaby.Org Ltd (“BestBaby”, “we”; “our”; “us”) operates the BestBaby platform (“the Platform”). These Terms regulate the use of, and access to, the Platform.

The Platform is operated by and belongs to BestBaby. By creating an account and using the Platform, Users confirm they have read and agree to these Terms.

BestBaby and Moira provide educational information, personalised guidance, and suggestions based on the information you share. Nothing on the platform constitutes medical advice, diagnosis, or treatment. BestBaby does not carry out independent checks on user-submitted information. Use of the Platform is entirely at your own risk and BestBaby offers no warranties or undertakings as to the quality of any of the information on the Platform.

BestBaby does not act as agent or representative of any third party and nothing in these Terms shall be construed as creating any agency, partnership or employment relationship.

By using the Platform, Users confirm that they are at least 18 years of age.

Intellectual Property Rights

For the purposes of these Terms, Intellectual Property Rights means patents, rights to inventions, copyright and related rights (including moral rights), trade marks, business names, domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off, rights in designs, rights in computer software, database rights, rights to use and protect the confidentiality of confidential information (including know-how and trade secrets) and all other intellectual property rights, whether registered or unregistered, and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms or protection which either subsist or will subsist now or in the future in any part of the world.

The Platform and all Intellectual Property Rights in the Platform belong to BestBaby and nothing in these Terms assigns or transfers any of those rights to any user or any other third party.

Use of the Platform

Platform users shall use the Platform for personal parenting, pregnancy, and family support purposes in accordance with these Terms.

Users undertake that they shall:

• not copy any software incorporated in the Platform;
• not merge, adapt, vary or modify the Platform or combine any part of the Platform with, or incorporate it into, any other products or services;
• not disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Platform or software installed on the Platform or attempt to do so;
• not sub-licence, resell, or otherwise make the Platform commercially available to any third party;
• not use the Platform for any unlawful purpose or otherwise than in accordance with the terms of this Agreement;
• comply with all laws when using the Platform;
• not transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
• not knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;
• not use the Platform in any way or for any purpose which is unlawful or fraudulent, defamatory, obscene, hateful, threatening or inflammatory or which infringes the intellectual property or any other rights of any third party; and
• ensure that content posted is true and accurate.

Any User who posts content on the Platform grants to BestBaby a non-exclusive, worldwide, perpetual, irrevocable, royalty free licence to use, copy, modify, adapt, publish distribute and otherwise make available that content anywhere, in any form for the purposes of providing the Platform. Each User warrants and undertakes that it has the right to post any content uploaded by that User and that no content shall infringe the rights of any third party including the intellectual property rights of any third party and the User shall indemnify us in respect of all claims, losses, costs and expenses suffered by us in respect thereof.

We reserve the right to remove any content (without notice) which we reasonably consider to be unlawful or in breach of these Terms or is otherwise inaccurate or out of date, and shall have no liability whatsoever in respect of any such content or any losses arising therefrom.

BestBaby reserves the right to update, alter, remove and adapt the Platform and services provided by us at any time without notice.

BestBaby reserves the right to suspend or terminate the account of, and our agreement with, any User, if that User breaches these Terms or acts in any way which damages or which we reasonably consider likely to damage our business and/or reputation.

In the event of a breach of these Terms by any User, BestBaby may terminate our agreement with that User immediately on giving notice. BestBaby reserves the right, in our absolute discretion, to terminate access to the Platform by any User for any reason.

Accounts and Fees

BestBaby is currently free to use. If BestBaby introduces paid features or subscription tiers in the future, we will notify you in advance and provide full details of any charges before they apply.

Medical and Other Advice

Information which may be accessed through the Platform is designed to be of interest to our Users and the content is designed for the purposes of information only. It is not medical or healthcare advice and should not be treated as such. The information available on the Platform should not be treated as a substitute for medical advice and we would strongly advise any User who has concerns about their health or that of their child or family members to seek advice from a qualified medical practitioner.

Any User should consult their GP before making any changes to their diet or lifestyle. Any User taking any medication or with any medical problems should consult their doctor.

The information on the Platform may be inaccurate, out of date or incomplete. There may be differing views as to the effect and safety of the information provided and the information provided may not be appropriate or suitable for every User. As such, BestBaby makes no warranties or representations in respect of that information and accepts no liability whatsoever for the information and context available on the Platform or any User’s use of that information.

BestBaby may from time to time include links to third-party products and services in platform content and marketing emails. Where these are editorially curated affiliate recommendations, they will be clearly identified as such in accordance with our disclosure obligations. BestBaby is not responsible for the content of third-party sites and has no liability for third-party products or services beyond what is required by applicable law.

BestBaby does not provide any guarantee or warranty in respect of, third party products or services and Users engage with such third parties and use any third party products and services at their own risk.

Insofar as permitted by law, all liability and all warranties (express or implied and statutory or otherwise) are excluded.

Limitation of Liability

BestBaby accepts no responsibility, and shall not be liable for, any content posted, or representations made, on the Platform.

The Platform is provided on an “as is” and “as available” basis and is used at the User’s own risk. BestBaby does not provide technical or other support and hereby disclaims any and all express and/or implied warranties, statutory or otherwise. BestBaby does not warrant that access to the Platform will be uninterrupted, error free or completely secure. Insofar as permitted by law, BestBaby disclaims all liability resulting from or relating to any such event including but not limited to outages and security incidents.

None of BestBaby, its directors, employees, agents or affiliated entities shall be liable in any way for any damages, claims or expenses arising as a result of or in connection with the information available via this Platform or the use of same.

BestBaby shall have no liability for any indirect, consequential, incidental or special losses. BestBaby’s aggregate liability in respect of any claims, losses, costs or compensation however so arising (and whether in contract, delict, negligence, misrepresentation, misstatement or otherwise) shall be limited to £10,000.

Data Protection

For the purposes of providing access to the Platform, BestBaby is a controller of data and will comply with applicable data protection law. For further details on how we collect and use your data, please see our Privacy Notice [insert hyperlink to privacy notice].

When using our services, you agree not to provide BestBaby with Special Category personal data — such as health information — about any other individual , unless you have parental rights and responsibilities in respect of that individual. This restriction does not apply to basic identifying information such as a partner’s first name provided voluntarily for the purpose of personalising your experience.

Termination

Each party shall be entitled to terminate the agreement for access to the Platform by the User:

• at any time, for any reason, on giving no less than 28 days prior written notice to the other party;
• immediately on written notice to the other party, where the other party is in material breach of these terms and, where such breach is remediable, has failed to remedy the breach within 14 days of written notice of same.

Law and Disputes

These Terms shall be governed by and construed in accordance with the law of Scotland and the Scottish courts shall have exclusive jurisdiction in respect of any dispute arising in connection with them.

Schedule 1 — Beta Testing

Users who access and use the Platform during the Beta Testing Period (“Beta Testers”) are deemed to have accepted the foregoing Terms but acknowledge and agree that such access is subject to this Schedule 1. Beta Testers are deemed to have accepted the Terms and this Schedule on first use of the Platform. In the event of any conflict between the Terms and this Schedule, the terms of this Schedule shall apply.

You understand and acknowledge that the Platform has not been made commercially available and the Platform may contain errors and bugs. General platform functionality is provided on an as-is basis during the Beta Testing Period. Notwithstanding the above, information stored in your Private Vault is protected by AES-256 field-level encryption and BestBaby takes all reasonable technical measures to protect Private Vault data. As with all digital platforms, absolute security cannot be guaranteed.

On conclusion of the Beta Testing Period, BestBaby shall have no obligation to make the Platform available to you or to release it commercially.

You agree to use the Platform as a genuine user and to provide BestBaby with feedback and assessment on the functionality, content, and design of the Platform. Your use of the Platform for your own personal parenting and pregnancy needs during the Beta Testing Period is encouraged and intended.

You shall provide BestBaby with written feedback and assessment on the functionality, content and design of the Platform (“Feedback”). Beta Testers grant to BestBaby a worldwide, non-exclusive, perpetual, irrevocable licence to use that Feedback for the purposes of developing, improving and providing the Platform.

Beta Testers shall not at any time use or disclose to any person any Confidential Information concerning the business, assets, affairs, customers, clients or suppliers of BestBaby or any Confidential Information relating to the Platform, including its existence, form, function or design and all Intellectual Property Rights therein, save as permitted by clause (vi) below. For the purposes of this Schedule, Confidential Information includes information which is in any format and which relates to the Platform, is identified by BestBaby as confidential or which a reasonable person would, in all the circumstances, reasonably consider to be confidential.

Beta Testers may disclose BestBaby’s Confidential Information:

• to their professional advisors who need to know such information for the purposes of exercising the Beta Tester’s rights or carrying out their obligations under or in connection with this Schedule. The Beta Tester shall ensure and procure that their advisors to whom they disclose Confidential Information are subject to binding obligations of confidentiality and comply with this clause; and
• as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.

Beta Testers shall not use BestBaby’s Confidential Information for any purpose other than to exercise their rights and perform their obligations under or in connection with this Agreement.