Last Updated: 5th September 2024
PLEASE READ THESE LICENCE TERMS CAREFULLY
BY CLICKING ON THE “ACCEPT” BUTTON IN THE APP YOU AGREE TO THESE TERMS WHICH WILL BIND YOU.
IF YOU DO NOT AGREE TO THESE TERMS, DO NOT CLICK ON THE “ACCEPT” BUTTON OR CONTINUE TO USE THE APP.
WHO WE ARE AND WHAT THIS AGREEMENT DOES
We, Orbital Evolution Limited t/as BabyLatch, of The Oakley, Kidderminster Road, Droitwich, Worcestershire, United Kingdom WR9 9AY, license you to use:
as permitted in these terms.
YOUR PRIVACY
Under data protection legislation, we are required to provide you with certain information about who we are, how we process your personal data and for what purposes and your rights in relation to your personal data and how to exercise them. This information is provided in our Privacy Notice and it is important that you read that information. By accepting these terms and using the App you consent to the collection and use of your personal information in accordance with our Privacy Notice.
Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the App or any Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
Please also be aware that when you use the App your personal data may also be processed by the App Store, in accordance with the App Store’s privacy policy.
APP STORE’S TERMS ALSO APPLY
The ways in which you can use the App and Documentation may also be controlled by the relevant app store’s rules and policies the relevant app store’s rules and policies will apply instead of these terms where there are differences between the two.
SUPPORT FOR THE APP AND HOW TO TELL US ABOUT PROBLEMS
Support. If you want to learn more about the App or the Service or have any problems using them please take a look at our support resources at the help page on the BabyLatch website.
Contacting us (including with complaints). If you think the App or the Service is faulty or misdescribed or wish to contact us for any other reason please contact our customer service team at [email protected] or get in touch via any of the other methods set out on our website from time to time on the contact page on the BabyLatch website.
How we will communicate with you. If we have to contact you we will do so by email, by SMS or by pre-paid post, using the contact details you have provided to us.
HOW YOU MAY USE THE APP, INCLUDING HOW MANY DEVICES YOU MAY USE IT ON
In return for your agreeing to comply with these terms you may:
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- download or stream a copy of the App onto your mobile telephone or handheld device and view, use and display the App and the Service on such devices for your personal purposes only.
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- use any Documentation to support your permitted use of the App and the Service.
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- receive and use any free supplementary software code or update of the App incorporating “patches” and corrections of errors as we may provide to you.
YOU MUST BE 18 TO ACCEPT THESE TERMS AND DOWNLOAD THE APP
You must be 18 or over to accept these terms and download the App.
YOU MAY NOT TRANSFER THE APP TO SOMEONE ELSE
We are giving you personally the right to use the App and the Service as set out above. You may not otherwise transfer the App or the Service to someone else, whether for money, for anything else or for free. If you sell any device on which the App is installed, you must remove the App from it.
CHANGES TO THESE TERMS
We may need to change these terms to reflect changes in law or best practice or to deal with additional features which we introduce.
We will give you at least 30 days’ notice of any change by sending you an SMS or email with details of the change or notifying you of a change when you next start the App.
If you do not accept the notified changes you will not be permitted to continue to use the App and the Service.
UPDATES TO THE APP AND CHANGES TO THE SERVICE
From time to time we may automatically update the App and change the Service to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively we may ask you to update the App for these reasons.
If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the App and the Service.
The App will always work with the current or previous version of the operating system (as it may be updated from time to time) and match the description of it provided to you when you bought it.
Under the App Store’s terms, the App Store may also make available upgrades or updates to its own software at its discretion.
Where you are using a free trial version of the App you may not be able to access the full functionality of the App.
IF SOMEONE ELSE OWNS THE PHONE OR DEVICE YOU ARE USING
If you download or stream the App onto any phone or other device not owned by you, you must have the owner’s permission to do so. You will be responsible for complying with these terms, whether you do or do not own the phone or other device.
WE MAY COLLECT TECHNICAL DATA ABOUT YOUR DEVICE
By using the App or the Service, you agree to us collecting and using technical information about the devices you use the App on and related software, hardware and peripherals to improve our products and to provide any Service to you.
WE MAY COLLECT LOCATION DATA (BUT YOU CAN TURN LOCATION SERVICES OFF)
Certain Services will make use of location data sent from your devices. You can turn off this functionality at any time by turning off the location services settings for the App on the device. However if you do this, certain functions of the App may not work properly or at all. If you use these Services, you consent to us and our affiliates’ and licensees’ transmission, collection, retention, maintenance, processing and use of your location data and queries to provide and improve location-based and road traffic-based products and services. You may stop us collecting such data at any time by turning off the location services settings on your App settings menu.
WE ARE NOT RESPONSIBLE FOR OTHER WEBSITES YOU LINK TO OR THIRD PARTY PRODUCTS OR SERVICES YOU BUY OR RECEIVE
The App or any Service may contain links to other independent websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any).
You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.
You can also use the App and the Service to find third parties whose products or services may be of use to you and purchase or otherwise obtain such products or services (Third Party Products). Where this happens, you acknowledge that you are dealing with those third parties directly and that you must look to them where there is a problem with Third Party Products. We are not responsible for Third Party Products and any claims, complaints or other concerns you may have about them.
LICENCE RESTRICTIONS
You agree that you will:
ACCEPTABLE USE RESTRICTIONS
You must:
INTELLECTUAL PROPERTY RIGHTS
All intellectual property rights in the App, the Documentation and the Service throughout the world belong to us (or our licensors) and the rights in the App and the Service are licensed (not sold) to you. You have no intellectual property rights in, or to, the App, the Documentation or the Service other than the right to use them in accordance with these terms.
OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
We are responsible to you for foreseeable loss and damage caused by us. We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms, both we and you knew it might happen.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.
When we are liable for damage to your property. We will not be liable for damage to your device or digital content belonging to you that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
We are not liable for business losses. The App is for your personal domestic use as a consumer. If you use the App for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity (except as set out in our Business Terms).
Limitations to the App and the Services. The App and the Services are provided for general information purposes only. They do not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the App or the Service. Although we make reasonable efforts to update the information provided by the App and the Service, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date. The App and Services only give general tracking tool facilities and information about breastfeeding, milk storage and related matters. You understand and acknowledge that we are not acting in a professional medical, midwifery, doula, lactation consultancy or health consultancy capacity or providing you with the individual care, advice or treatment that would normally be provided by a doctor, midwife, lactation consultant, doula or other relevant health care professional. The App and Services can in no circumstances replace any of the aforementioned specific and individual health care services that you require and you must not rely on the App and Services in that way. If you have specific queries or concerns about your own breastfeeding, milk storage or related matters or your health or wellbeing you should immediately consult your GP, midwife, obstetrician or other appropriate health professional. It follows that we do not accept liability for your reliance on any information, data, advice, or other matters of any nature provided by the App or the Services. No responsibility can be accepted by us for any loss, damage, expense or other consequences which may arise as a result of direct and/or indirect reliance thereon.
Please back-up content and data used with the App. We recommend that you back up any content and data used in connection with the App, to protect yourself in case of problems with the App or the Service.
Check that the App and the Service are suitable for you. The App and the Service are provided ‘as is’ and have not been developed to meet your individual requirements. Please check that the facilities and functions of the App and the Service (as described on the relevant app store site and in the Documentation) meet your requirements.
We are not responsible for events outside our control. If our provision of the Service or support for the App or the Service is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to end your contract with us and receive a refund for any Service you have paid for but not received.
WE MAY END YOUR RIGHTS TO USE THE APP AND THE SERVICE IF YOU BREAK THESE TERMS
We may end your rights to use the App and Service at any time by contacting you if you have broken these terms in a serious way. If what you have done can be put right we will give you a reasonable opportunity to do so.
If we end your rights to use the App and Service:
In some circumstances, your rights to use the App and the Services may also be terminated by the App Store. Please refer to the App Store’s terms for more information.
WE MAY TRANSFER THIS AGREEMENT TO SOMEONE ELSE
We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
YOU NEED OUR CONSENT TO TRANSFER YOUR RIGHTS TO SOMEONE ELSE
You may only transfer your rights or your obligations under these terms to another person if we agree in writing.
NO RIGHTS FOR THIRD PARTIES
This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.
IF A COURT FINDS PART OF THIS CONTRACT ILLEGAL, THE REST WILL CONTINUE IN FORCE
Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
EVEN IF WE DELAY IN ENFORCING THIS CONTRACT, WE CAN STILL ENFORCE IT LATER
Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
WHICH LAWS APPLY TO THIS CONTRACT AND WHERE YOU MAY BRING LEGAL PROCEEDINGS
These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.