Terms of Service

Terms of Service

Last updated: 1 July 2016.

Before using our website www.mytoddlr.co.uk please read carefully these Terms of service (“Terms”) for the website and the Mytoddlr mobile application (the “App”) operated by  Mytoddlr™ (“us”, “we”, or “our”).

By the use of our Service you agree to be bound by these terms of service. In case you disagree with any part of the terms, the use of our service is not permitted.

Content

  1. Scope
  2. Our Service
  3. Registration
  4. Account and Password
  5. Use of service
  6. Rights
  7. Payments
  8. Intellectual Property
  9. Termination Clause
  10. Limitation of liability
  11. Modification and amendments of our Service
  12. Choice of forum
  13. Choice of law
  14. Severability
  15. Waiver

1. Scope

These Terms apply to all visitors, users and others who access or use the Service.

2. Our Service

Mytoddlr is a mobile parenting and early childcare service uniquely built for our users.

You can easily track the child’s development and daily activities, share important moments in your child’s day. You can ensure the child’s security and the service allows communication between the nursery and the parents.

Mytoddlr helps parents to keep informed about their child’s day and its activities. The nurseries provide information about meals and nap times. Moreover they can share photos and videos with the parents.

3. Registration

To use our service it is required to register via our website or App. Upon successful registration, you are able to use our service properly.

We reserve the right to decide who becomes a user, therefore you cannot claim to have an account, prior to mytoddr’s approval.

The user is obliged to keep his login data confidential. It is prohibited to pass on login data to third parties.

4. Account and Password

Mytoddlr requires to create an account to participate in our services. You agree to provide and maintain accurate, current and complete information, including your contact details for communications from us and your payment information. You agree not to imitate or misrepresent your association with any person, including using their personal data or provide incorrect details for a user. You agree that we will take action to verify the correctness of information you provide.

You are responsible for the confidentiality of your username and password, and you are responsible for any abuse under your account that you could have controlled. You agree to inform us promptly of any unauthorized use of your personal data, or of any other breach of security involving your Mytoddlr account.

The security and confidentiality of your personal data is very important to us.  We do our best to protect your personal data from unauthorized access, disclosure, use and modification.

5. Use of service

Your use of the Service is at your own risk. The service is provided on an “as is” and “as available” basis.

Mytoddlr does not warrant that the service will meet your specific needs and your expectations, that the results that may be obtained from the use of the service will be accurate.

As a user of Mytoddlr, you agree not to reproduce, duplicate or sell any portion of the Service without the express written permission by Mytoddlr.

You understand that the technical processing and transmission of the Service, including your content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

6. Rights

You retain your rights to any content you submit, post or display on or through the Services.  Therefore, Mytoddlr does not claim ownership to your provided content; however, you grant Mytoddlr a non-exclusive, sublicensable, irrevocable and royalty-free worldwide license under all copyrights, trademarks, privacy and publicity rights and other intellectual property rights to use, transmit, redistribute, translate, create derivative works based upon your content.

The miscarriage of  Mytoddlr to enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and the Company and govern your use of the Service, superseding any prior agreements between you and Mytoddlr (including prior versions of the Terms of Service).

7. Payments

Fees for Mytoddlr services are in accordance with the rates of services listed in Mytoddlr’s Subscription plans.

The Service is offered with a free Mytoddlr trial for one month. If you need more than one month of full service, you will only be able to continue using the Service by paying the monthly rate according to your Subscription plan.

Additionally, it is possible to upgrade your account into a premium account. Then you are able to unlock more features in your account. In this case, you have to pay the monthly fee plus the premium fee.

All payments are made through the payments platform www.braintreepayments.com

If you fail to pay for additional usage, your account will be frozen until payment is made.

8. Intellectual Property

The website and App and their original content, features and functionality are owned by Mytoddlr and are protected by international intellectual property or proprietary rights laws.

9. Contact details

Questions about the Terms of Service should be sent to:  wecare@mytoddlr.com

10. Termination

We may terminate your access to Mytoddlr, in case of any abuse or for good cause, which may result in the forfeiture and destruction of all information associated with you. In addition, we might terminate your account and your ability to use Mytoddlr’s services if you engage in for illegal conduct, or if you fail to comply with these terms or any additional terms.

At any time, the user is entitled to terminate the service contract with Mytoddlr by sending an email to: wecare@mytoddlr.com

In case of termination, the user’s account will be deleted immediately, all content will be saved for the parents and retrievable on request for a period of 6 months from the date of termination.

11. Limitation of liability

As a user of Mytoddlr, you understand that Mytoddlr may use third party partners to provide the necessary software and related technology required to run the Service.

You expressly understand and agree that Mytoddlr shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses, resulting from:

  • the use or the inability to use the service
  • unauthorized access to your personal data
  • statements or behavior of any third party on the service or
  • failure of any equipment or software provided by Customer
  • Customer’s breach of the Terms of Service, Privacy Policy or any other binding policies provided by Mytoddlr.
  • force majeure
  • any other matter regarding our services

Disclaimer of Actions Caused by and/or Under the Control of Third Parties.

MYTODDLR DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM MYTODDLR’s  NETWORK AND OTHER PORTIONS OF THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT CUSTOMER’S CONNECTIONS TO THE INTERNET. ALTHOUGH MYTODDLR WILL USE COMMERCIALLY REASONABLE EFFORTS TO TAKE ACTIONS IT DEEMS APPROPRIATE TO REMEDY AND AVOID SUCH EVENTS, MYTODDLR CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, MYTODDLR DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS.

12. Modification and amendments of our Service

Mytoddlr reserves the right to modify or amend regulations and content of the provided Service.

13. Choice of forum

You agree that any action at law arising out of these terms or the Mytoddlr services shall be subject to the exclusive jurisdiction of the courts of England and Wales.

14. Choice of law

These terms are governed by and defined in accordance with the laws of the United Kingdom, without giving effect to any conflict of law principles.

15. Severability

If any regulation of these terms shall be unlawful, void or for any reason unenforceable, then that regulation shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining regulations.

16. Waiver

No waiver of any regulation of these terms by us shall be deemed a further or continuing waiver of such regulation or any other regulation, and our failing to assert any right or regulation under these terms shall not create a waiver of such right or regulation.