The defined terms used throughout these Terms are set out in Clause 23 below.
This Website Licence forms a legally binding agreement between You and TOTAL MAMA in relation to Your use of the Website and/or the Interactive Services and applies to all TOTAL MAMA Users who use the Website and the Interactive Services who may also be contributors of User-Generated Content posted on the Website.
You should read this Website Licence carefully and ensure that You understand the effect before proceeding to use the Website and the Interactive Services. If You disagree with any part of this Website Licence, please refrain from using the Website and uninstall it from Your Device.
1. INFORMATION ABOUT US
1.1 TOTAL MAMA is the trading name of Total Mama Limited (hereinafter referred to as ‘TOTAL MAMA‘ or ‘We‘, ‘Us‘ or ‘Our‘). We are a company incorporated in England and Wales (registered no. 9499769) whose registered office is at Buxton Court, 3 West Way, Oxford, OX2 0JB, United Kingdom.
1.2 TOTAL MAMA is a provider of an interactive, informative, advisory and resourceful platform which facilitates and makes available to TOTAL MAMA Users a number of exciting features relevant throughout pregnancy and the early years of a child’s life, including but not limited to:
1.2.1 the sharing of parenting and medical know-how by way of guides and information (which shall include but not be limited to information provided by Experts);
1.2.2 the monitoring and tracking of a mother and baby’s measurements and daily activities;
1.2.3 the sharing of information and insights by way of uploading User-Generated Content;
1.2.4 the management and diarising of mother and baby vaccinations and check-ups;
1.2.5 the use of a functionally integrated baby monitor via the App;
1.2.6 the ability to record, document, publish and share information relevant to a baby’s first two years of life e.g. measurements, activities, photos, key events and milestones; and
1.2.7 any other features that TOTAL MAMA may add to the Website from time to time
(together, the ‘Interactive Services’).
2. MEDICAL INFORMATION
2.1 The information contained in the Website (including content which is made available on the Website by any third party) is solely for your general information and is not to be interpreted as medical advice or opinion and should not be used for treatment purposes, or to take the place of professional medical care, or to substitute for the independent judgment of a medical professional in relation to any health issue. TOTAL MAMA is not a medical professional or medical organization and does not provide
medical services or render medical advice. The information made available on or through the Website and Interactive Services should not be relied upon when making medical decisions, or to diagnose or treat a medical or health condition. TOTAL MAMA does not owe any duty of care to you in this regard and you assume all risks associated with using the App’s tools and information that relate to medical content. TOTAL MAMA is not responsible or liable for any diagnosis which you make based on the content of the Website (or any complications which arise from any treatments suggested on the App). TOTAL MAMA does not clinically endorse any advice contained uploaded or added to the Website by any third party, such as in ‘social forum’ section of the Website.
2.2 If You require medical advice or services (or are in any way concerned about your baby’s health), You should consult a medical professional. Your use of the Website and Interactive Services does not create a Doctor-Patient relationship between you and TOTAL MAMA. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR LOCAL EMERGENCY NUMBER IMMEDIATELY.
3. OUR LIABILTY
3.1 We do not accept any liability to You for any of the following types of Loss or damage, whether or not such Loss or damage was foreseen, foreseeable, unforeseen, unforeseeable, known, unknown or otherwise:
3.1.1 any business loss You may suffer, including loss of revenue, loss of profits or loss of anticipated savings;
3.1.2 loss which You suffer other than as a result of Our failure to comply with these Website Terms or Our negligence or breach of statutory duty; and
3.1.3 any loss suffered due to the default of any party other than Us.
3.2 Nothing in these Website Terms is intended, nor shall it be construed as an attempt, to exclude or limit any liability for:
3.2.1 fraud and/or fraudulent misrepresentation; or
3.2.2 death or personal injury arising from negligence.
5. YOUR CONTENT AND USE OF THE WEBSITE
5.1 TOTAL MAMA does not claim ownership of the User-Generated Content You submit or make available for inclusion on the Website. You retain all of Your ownership rights in Your User-Generated Content but, by agreeing to this Website Licence, You grant the IP Licence described in Clause 5.2 below.
5.2 When using the Interactive Services, if You publish any User-Generated Content via the Website by way of inputting mother and/or baby information such as measurements or daily activities, You automatically grant to TOTAL MAMA and any of its affiliates, a worldwide, non-exclusive, royalty-free, sublicensable, transferable licence to use, record, publish, distribute, prepare derivative works of, display and perform all that User-Generated Content, or any part of it, and the Intellectual Property Rights therein, in connection with the provision of the Website and the Interactive Services, including without limitation the promotion and redistribution of all or part of Your UCG (and derivative works thereof) in any media formats and through any media channels (the ‘IP Licence’).
5.3 You warrant and represent that You have obtained all consents and possess all copyright, patent, trademark, trade secret or any other proprietary rights, or the necessary licences thereto, to grant the licence in this Clause 5.
5.4 As between You and TOTAL MAMA (and third parties with whom You might share Your User-Generated Content if applicable), You assert and waive any and all moral rights in Your User-Generated Content.
5.5 The IP Licence granted by You under this Clause 5 will terminate if this Website Licence terminates (for whatever reason), or You are denied access through the TOTAL MAMA Onboarding process or Your TOTAL MAMA Account is deleted (for whatever reason).
5.6 You acknowledge and agree that You have no ownership rights in Your TOTAL MAMA Account (other than the User-Generated Content You submit or make available via the App) or data that has been submitted by You and anonymised by TOTAL MAMA.
5.7 The following is a non-exhaustive list of content which is illegal or prohibited on the Website. You agree that You will not submit any User-Generated Content to the Website that:
5.7.1 is patently offensive, such that it is abusive or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
5.7.2 could be harmful to minors or vulnerable adults;
5.7.3 could be seen to incite abusive behaviour from another person;
5.7.4 constitutes Inappropriate Content;
5.7.5 harasses or advocates harassment of another person;
5.7.6 involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”;
5.7.7 promotes information that You know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
5.7.8 promotes an illegal or unauthorised copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent
manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
5.7.9 contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
5.7.10 displays pornographic or sexually explicit material of any kind;
5.7.11 provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal data from anyone under 18;
5.7.12 provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
5.7.13 solicits passwords or personal identifying information for commercial or unlawful purposes from other TOTAL MAMA Users; or
5.7.14 engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes.
5.8 You agree that Your failure to adhere to any of the following restrictions shall constitute a breach of this Website Licence on Your part. You agree:
5.8.1 not to post, frame, sell, license, modify, loan, rent, publish, reverse engineer, distribute or create derivative works based on any User-Generated Content or Content or any part of the Website or the Interactive Services, or otherwise exploit such for any other purposes and in any manner whatsoever without the prior written consent of TOTAL MAMA or the respective licensors of the User-Generated Content or the Content including, but not limited to, by trespass or burdening network capacity;
5.8.2 not to use the Website to send unsolicited advertising or promotions, requests for donations or spam;
5.8.3 not to alter or modify any part of the Website or any of the Interactive Services or use the same in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
5.8.4 not to access User-Generated Content or Content through any technology or means other than the Website itself or such other means as TOTAL MAMA may explicitly designate for this purpose;
5.8.5 not to access or attempt to access the TOTAL MAMA Accounts of other TOTAL MAMA Users (other than via the “Family Sharing” feature) or penetrate or attempt to penetrate TOTAL MAMA’s security measures;
5.8.6 not to (or attempt to) circumvent, disable or otherwise interfere with any security related features of the Website or the Interactive Services or features that (i) prevent or restrict use or copying of User-Generated Content or Content; or (ii) enforce limitations on the use of the Interactive Services or the accessible User-Generated Content or Content;
5.8.7 not to use any area of the Website or the Interactive Services for any non-permitted commercial purposes. You must obtain Our prior written consent to make commercial offers of any kind, whether by advertising, marketing, solicitations, links, or any other form of communication in
accordance with these Website Terms. We will investigate and take appropriate legal action against anyone who breaches this provision, including without limitation, removing the offending communication from the Website and barring anyone breaching this provision from future use of the Website and the Interactive Services. We reserve the right to block access to the Website with respect to
any TOTAL MAMA User who is known or reasonably believed to be (or is associated with any person who is known or reasonably believed to be) acting unlawfully, or breaching these Website Terms, or infringing TOTAL MAMA’s rights;
5.8.8 not to use the Website to copy, store, host, transmit, send, use, publish or distribute any malicious software; and
5.8.9 not to conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to any TOTAL MAMA User of the Website or the Interactive Services.
5.9 If TOTAL MAMA reasonably believes that You have breached this Website Licence, TOTAL MAMA may suspend or terminate Your use of the Website, bar You from future use of the Website and/or take appropriate legal action against You.
6. OUR WEBSITE AND CONTENT
6.2 TOTAL MAMA grants to You a worldwide, non-exclusive, royalty-free, revocable licence to use the Website in accordance with this Website Licence and copy and store the Website on Your Device for Your own personal and non-commercial use. We do not grant to You any other rights whatsoever in relation to the Website or the material on the Website. All other rights are expressly reserved by TOTAL MAMA.
6.3 All Intellectual Property Rights in and to the Website, are either owned exclusively and/or used under licence by TOTAL MAMA (the ‘Content’). Such Intellectual Property Rights include, but are not limited to, trade marks, service marks, trade names, computer or software code, scripts, editorial content, design elements, graphics, user interface/interactive features, audio clips, artwork, text communication, and any other content that may be found on or in the Website. Such Content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purpose whatsoever without the prior written consent of TOTAL MAMA or, where applicable, TOTAL MAMA licensors. TOTAL MAMA and its licensors reserve all rights not expressly granted in and to the Content.
7. DISPUTES BETWEEN TOTAL MAMA USERS AND THIRD PARTIES
7.1 You acknowledge that TOTAL MAMA has no obligation to monitor any User-Generated Content or other content provided by TOTAL MAMA Users, Experts or Third Party Retailers. However, We may modify or remove any such User-Generated Content or content if We believe that it is inconsistent with this Website Licence, infringes a person’s Intellectual Property Rights or is otherwise unlawful.
7.2 In the event that You have a dispute with another TOTAL MAMA User or third party via the Website or Interactive Services, You acknowledge and agree that TOTAL MAMA (and our officers, directors, employees, agents, subsidiaries, affiliates, successors, and assigns) shall not be liable in respect of any claims, demands or damages of every kind and nature, known and unknown,
suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such dispute.
7.3 If You believe that any User-Generated Content published by a TOTAL MAMA User via the Website and/or Interactive Services or any activity undertaken by a TOTAL MAMA User in connection with the Website is unlawful or otherwise infringes this Website Licence, please notify Us by email to [email protected]
8. COMPLAINTS AGAINST TOTAL MAMA
8.1 We take any complaints We receive about our Website very seriously. We encourage people to bring any concerns to Our attention and We welcome any suggestions for improving Our procedures. We will endeavour to solve any disagreements quickly and efficiently.
8.2 If You have any complaint against TOTAL MAMA in respect of Your use of the Website and/or the Interactive Services, We ask that You first provide us with all relevant details by email to [email protected] If We are unable to resolve Your complaint within 30 days, You may escalate Your complaint to a process of mediation. If the dispute still remains unresolved, You agree that the issue shall be submitted to a mutually agreed expert for determination before either party may commence litigation.
9. TERM, SUSPENSION AND TERMINATION
9.1 This Website Licence shall remain in full force and effect unless terminated by You or by TOTAL MAMA in accordance with these Terms.
9.2 You may terminate this Website Licence by deleting Your TOTAL MAMA Account (including all baby profiles) and uninstalling the Website from Your Device (and no longer using it).
9.3 If You fail, or TOTAL MAMA has reasonable grounds to believe that You have failed, to comply with any of the provisions of this Website Licence, TOTAL MAMA, at its sole discretion and without notice to You, may terminate or suspend this Website Licence and/or Your TOTAL MAMA Account.
9.4 In the event of such termination for any reason, Your rights under this Website Licence will terminate automatically without notice from TOTAL MAMA. Upon termination of this Website Licence, You shall cease all use of the Website and uninstall/delete/destroy all copies, full or partial, of the Website.
9.5 You acknowledge and agree that in seeking to update and/or improve the Website and/or the Interactive Services, TOTAL MAMA may stop (permanently or temporarily) providing the Interactive Services (or any features within the Interactive Services) to You at TOTAL MAMA’s sole discretion, without prior notice to You.
10. CHANGES TO TERMS
We keep these Terms under regular review and We reserve the right to make changes to these Terms at any time (including without limitation, in respect of the removal, modification and/or variation of any elements, features and functionalities of the App). Any changes to these Terms will be effective upon the posting of the revised Terms via the Website, and if You continue to use the Website and/or the Interactive Services, We will be entitled to assume that You have accepted the changes.
If You no longer agree with these Terms, please refrain from using the Website and the Interactive Services.
11. NETWORK CHARGES
You acknowledge that the terms of agreement with Your respective Mobile Network Provider will continue to apply when using the Website. As a result, You may be charged by the Mobile Network Provider for access to network connection services for the duration of the connection while accessing the Website or any such third party charges as may arise and You accept responsibility for any such charges. If You are not the bill payer for the Device being used to access the Website, You will be assumed to have received permission from the bill payer for using the Website.
12. REGISTERING ON THE WEBSITE FOR A TOTAL MAMA ACCOUNT
12.1 By using the Website, You agree that You are legally capable of entering into binding contracts, that You are eighteen (18) years old or above, and that You have read, understood, agree with, and will abide by the terms of this Website Licence.
12.2 To make use of the Website and the Interactive Services, You may be required to fill out certain Registration Information via a TOTAL MAMA Registration Form. The information that You provide must be true, accurate and complete at all times.
12.4 You will keep Your TOTAL MAMA Onboarding information confidential and not reveal it to anyone else. You are responsible for all activities that are carried out using Your TOTAL MAMA Account, whether by You or another person. We do not have the means to check the identities of TOTAL MAMA Users using the Website and will not be liable where Your TOTAL MAMA Account is unlawfully used by another person. You agree to notify TOTAL MAMA immediately by email at [email protected] if you become aware of any unauthorised use of Your TOTAL MAMA Onboarding information or Your TOTAL MAMA Account (with “IMPORTANT” in the subject line). You will not create additional TOTAL MAMA Accounts for the purpose of abusing the functionality of the Website or other registered TOTAL MAMA Users or for any other reason in breach of this Website Licence.
12.5 Although TOTAL MAMA cannot monitor the conduct of TOTAL MAMA Users off the Website, it is a violation to use any information obtained from the Website in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit or sell to any TOTAL MAMA User without their prior explicit consent.
12.6 You may not transfer ownership or sell Your TOTAL MAMA Account or Your TOTAL MAMA Usership to a third party.
12.7 Where TOTAL MAMA has reason to believe that You have breached any provision of this Website Licence, TOTAL MAMA reserves the right to suspend Your access to the Website and TOTAL MAMA
Usership privileges and/or terminate Your TOTAL MAMA Account. This includes all TOTAL MAMA Userships and TOTAL MAMA Accounts by virtue of association at TOTAL MAMA’s discretion.
13. THIRD PARTY MARKETING, APPLICATIONS, WEBSITES AND PRODUCTS
13.1 The Website may contain links to websites and/or applications owned and/or operated by Our affiliates, partners and other third parties (including social media sites and other curated Third Party Retailer promotions). If You click on any such link, You will be redirected out of the Website and into the relevant website or application.
13.3 TOTAL MAMA does not give any warranty or guarantee to You in respect of the quality of any Products sold by a Third Party Retailer or that any such Product details are accurate and not false or misleading.
14. ACCESS AND AVAILABILITY OF THE WEBSITE
14.1 You acknowledge and agree that You will not necessarily be able to successfully access and use certain functionalities of the Website unless You have use of a Device which meets the Device Requirements.
14.2 TOTAL MAMA does not warrant or guarantee the validity or accuracy of any information on the Website or provided via the Interactive Services, or that the Website is kept up-to-date.
14.3 The Website, its Content and the Interactive Services are delivered on an “as-is” and “as-available” basis. You acknowledge that the Website is provided to You over the internet and relies on unrelated third parties (such as Website hosting providers, network providers and other services providers), the activities of which are outside of TOTAL MAMA’s reasonable control. Due to the nature of the internet, TOTAL MAMA does not represent or warrant to You that:
14.3.1 Your use of the Website and/or the Interactive Services will be uninterrupted, timely, secure or free from error at all times, nor that it will provide specific results from use of the Website or any User-Generated Content or Content, search or link on it;
14.3.2 any information obtained or downloaded by You as a result of Your use of the Interactive Services will be accurate, reliable or free of viruses or contamination or destructive features;
14.3.3 Your shared User-Generated Content will not be used by a third party in various ways on or off the App; or
14.3.4 there will not be any defects in the operation or functionality of any software provided to You as part of the Website.
15. THIRD PARTY LINKS, THIRD PARTY CONTENT AND SEARCH RESULTS
15.1 The Website may enable access to third party applications, websites and services by way of hyperlinks or produce search results that reference or link to third party content on applications and websites throughout the World Wide Web. These are provided for Your ease of reference only and TOTAL MAMA does not endorse such applications or websites or accept any responsibility for the content of such applications or websites and cannot therefore guarantee, represent or warrant that the content contained in the applications or websites are accurate, legal and/or inoffensive or that they will not contain viruses or otherwise impact Your Device. Such third party links may require You to accept additional terms.
15.2 By using the Website to search for or link to a website, You agree and understand that You may not make any claim against TOTAL MAMA for any Loss whatsoever resulting from Your use of the Website to obtain search results or to link to a website.
15.3 TOTAL MAMA advises You to read the terms and conditions of any website that You are transferred to. You agree to use third party links at Your sole risk and that neither TOTAL MAMA nor its agents shall have any liability to You for third party content that may be found to be Inappropriate Content.
16.1 TOTAL MAMA Users acknowledge that TOTAL MAMA is solely an intermediary host provider of the TOTAL MAMA platform where TOTAL MAMA Users can make use of the Interactive Services on or via the Website. Consequently, TOTAL MAMA cannot make any guarantees to TOTAL MAMA Users. For the avoidance of doubt, TOTAL MAMA:
16.1.1 is not a party to any purchase contract that may ensue between TOTAL MAMA Users and a Third Party Retailer outside of the App;
16.1.2 does not guarantee that Your use of the Interactive Services via the Website will meet Your personal requirements – Your use of the Website and Interactive Services is at Your own risk, and all content, material, and services provided on or through the Website and Interactive Services are provided “as-is” without any warranties of any kind including warranties of merchantability, fitness for a particular purpose, security or non-infringement of Intellectual Property Rights. Neither TOTAL MAMA, nor any of its affiliates, suppliers, service providers or licensors warrants the accuracy or completeness of the Content, materials or services provided on or through the Website and Interactive Services. The Content, materials and services provided on or through the Website and Interactive Services may be out of date, and neither TOTAL MAMA, nor any of its affiliates makes any commitment or assumes any duty to update such Content, materials or services. The foregoing exclusions of implied warranties do not apply to the extent prohibited by law. No advice or information, whether oral or written, obtained from TOTAL MAMA or through the materials, Content and services will create any warranty not expressly made herein;
16.1.3 does not guarantee that the information or advice submitted by a TOTAL MAMA User, a Third party Retailer or an Expert is valid, adequate, accurate and/or complete; and
16.1.4 does not warrant the availability of the Website in accordance with Clause 14.
16.2 You warrant, represent and undertake to TOTAL MAMA that You:
16.2.1 will comply with all applicable laws when using the Website and/or Interactive Services;
16.2.2 will comply with the terms of this Website Licence (Clause 5 in particular) and any guidelines provided or reasonable instructions issued by Us from time to time in respect of Your use of the App;
16.2.3 are solely responsible for any breach of Your obligations under this Website Licence due to Your act, omission, default or failure and for the consequences of any such breach;
16.2.4 will ensure that all information provided to TOTAL MAMA in connection you’re your TOTAL MAMA Account (when applying to become a TOTAL MAMA User or at any time thereafter) is true and accurate in all respects;
16.2.5 will ensure that Your Device complies with the Device Requirements; and
16.2.6 will keep Your TOTAL MAMA Onboarding details secure and confidential.
17. ENTIRE AGREEMENT / SEVERABILITY / SURVIVAL
17.2 Should the courts strike-out as invalid or unenforceable or otherwise alter any part of the terms constituting this Website Licence, the remaining terms shall remain valid and in force.
17.3 The following Clauses will survive any termination or expiration of this Website Licence: Clause 2 (Medical Information); Clause 3 (Our Liability), 5 (Your Content and Use of the App), Clause 7 (Disputes Between TOTAL MAMA Users and Third Parties), Clause 8 (Complaints Against TOTAL MAMA), Clause 9 (Term, Suspension and Termination), Clause 16 (Warranties), Clause 17.3 (Survival), Clause 21 (Law and Jurisdiction) and Clause 23 (Definitions).
This Website Licence shall be personal to You and You may not assign, transfer or delegate all or any of Your rights and obligations, without TOTAL MAMA’s prior written consent. TOTAL MAMA reserves the right to assign or transfer all or any of its rights and obligations under this Website Licence to any third party. In the event of assignment or transfer, notification will either be given to You by email or posted on the Website.
19. NO WAIVER
Failure by either TOTAL MAMA or You to exercise or enforce any right conferred shall not be deemed to be a waiver of any such right nor operate so as to bar the exercise or enforcement thereof or of any other right on any later occasion.
20. THIRD PARTY RIGHTS
You may enforce the terms of this Website Licence in accordance with the provisions of the Contracts (Rights of Third Parties) Act 1999 (the “Act”). Except as provided above, this Website Licence does
not create any right enforceable by any person who is not a party to it under the Act, but does not affect any right or remedy that a third party has which exists or is available apart from that Act.
21. LAW AND JURISDICTION
21.1 The terms of this Website Licence and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
21.2 The English courts will have exclusive jurisdiction over any claim arising from, or related to, this Website Licence although We retain the right to bring proceedings against You for breach of these conditions in Your country of residence or any other relevant country. If You are resident in Northern Ireland, You may also bring proceedings in Northern Ireland, and if You are resident in Scotland, You may also bring proceedings in Scotland.
21.3 TOTAL MAMA makes no claims or representations that the Website may be lawfully viewed or accessed outside of the United Kingdom. Full access may not be legal by certain persons or in certain countries. If You access the Website outside of the United Kingdom, You do so at Your own risk and are responsible for compliance with the laws of Your jurisdiction.
In this Website Licence (except where the context otherwise requires), the following words shall have the following meanings:
Content: has the meaning given to is in Clause 6.3.
Data Protection Legislation: the Data Protection Act 2018, the Data Protection Directive (95/46/EC), the Regulation of Investigatory Powers Act 2000, the Telecommunications (Lawful Business Practice) (Interception of Communications) Regulations 2000 (SI 2000/2699), the Electronic Communications Data Protection Directive (2002/58/EC), the Privacy and Electronic Communications (EC Directive) Regulations 2003 (SI 2426/2003), in each case as amended, substituted, re-enacted or consolidated from time to time, and all applicable laws and regulations relating to the processing of Personal Data and privacy, including where applicable the guidance and codes of practice issued by the Information Commissioner.
Device: refers to the compatible mobile telephone, tablet or other relevant device.
Device Requirements: refers to the minimum specifications required for Your Device to install and use all of the features of the Website.
Expert(s): refers to any provider of Content such as medical information, parenting guides and other information to TOTAL MAMA and TOTAL MAMA Users by publication on the Website.
Inappropriate Content: means any material of any nature which is or which contains material which is: (a) in contravention of any law, statute, regulation, directive and/or subordinate legislation; (b) defamatory, libellous, obscene, unlawful or which would, if published, be in contempt of court; (c) material which infringes the Intellectual Property Rights of a third party; and/or (d) a virus.
Intellectual Property Rights: database rights, patents, user interface rights, rights to inventions, copyright and related rights, trademarks, trade names, domain names, rights in get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database rights, topography rights, moral rights, rights in confidential information (including without
limitation know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world.
Interactive Services: refers to those services listed in in Clause 1.2 as may be supplemented or amended form time to time and delivered on the Website or Website.
Loss: means any claims, losses, demands, actions, third party claims, damages, costs (including court costs and legal fees), fines, liabilities, obligations, liens and expenses.
Mobile Network Provider: refers to the third party mobile telecoms provider with whom You have a contract.
Product: refers to any product available for purchase via a hyperlink to any website or application operated by a Third Party Retailer.
Product Details: refers to the details pertaining to the Product.
Third Party Retailer: refers to a third party who is affiliated with TOTAL MAMA by the way of TOTAL MAMA promoting its application, website and/or Product(s) to TOTAL MAMA Users.
TOTAL MAMA Account: means the secure account that may be created upon registration from where a TOTAL MAMA User can access the Website and the Interactive Services via their TOTAL MAMA Onboarding setup.
TOTAL MAMA User(s): refers to a registered or unregistered user who is likely to be a parent, guardian, carer or other responsible adult.
TOTAL MAMA Usership: refers to the participation required to access the Website and to avail of the Interactive Services generally.
TOTAL MAMA Onboarding: refers to the process of used to set up and access a TOTAL MAMA Account, whereby a user accepts Our disclaimer, provides certain personal information and generates a PIN in order to use the Website on other devices.
TOTAL MAMA Registration Form: refers to the registration form required to be filled in by a user to complete TOTAL MAMA Usership.
User-Generated Content: means content provided/generated by a TOTAL MAMA User, uploaded, embedded or otherwise displayed and/or stored on the Website, which may include but is not limited to text, articles, images, listings, graphics, photos, stories, audio, video, software, audiovisual combinations, interactive features and other materials in any form, medium or technology now known or hereinafter developed that may be viewed on, accessed through or disseminated publicly on the Website for use by TOTAL MAMA, TOTAL MAMA Users and Visitors where applicable, but which shall exclude any personal data (as such term is defined in the Data Protection Legislation). User-generated content does not include personal data, demographic data, health data, and related data inputted by the User for use by the Website in delivering content.