1) General
a) These Terms and Conditions are dated June 2009 and are a legal agreement between you, the potential user of the MummyGoRound website ("you") and Hebben Limited ("MummyGoRound”). Your use of the MummyGoRound website or any of the products and services offered on the MummyGoRound website (collectively, the "Services") is conditioned on your acceptance without modification of these Terms and Conditions. Please read these Terms and Conditions carefully. If you do not agree to these Terms and Conditions you should not use the MummyGoRound website or Services.
b) These Terms and Conditions may be updated by MummyGoRound without notice at MummyGoRound’s discretion and such modifications will be effective immediately upon being posted on the MummyGoRound website. All modifications to these Terms and Conditions will be notified to Members in accordance with our privacy policy. You agree to review these Terms periodically, and your continued use of the MummyGoRound website and Services after the posting of modifications constitutes your agreement to abide and be bound by the Terms and Conditions, as modified.
c) In these Terms and Conditions, unless expressly stated otherwise: i) the term “Member” means a person who has completed the Member registration on the MummyGoRound website and has not been removed as a Member at the discretion of MummyGoRound;
ii) words in the singular include the plural and vice versa and words in one gender include any other gender; and
iii) the headings are for convenience only and shall not affect the interpretation of these Terms and Conditions.
d) MummyGoRound is a UK product and services swap site. MummyGoRound is wholly owned by Hebben Limited registered company number 06901174.
2) Relationship of Members
a) All transactions are between Members. Nothing in these Terms and Conditions suggests or implies a contract or agreement between the Member and MummyGoRound with respect to the provision of goods or services advertised on MummyGoRound. If there are Member disputes, MummyGoRound will endeavour to provide factual information to the Members as requested, but only in accordance with our privacy policy.
b) MummyGoRound recommends that disputes between Members are handled by an appropriate third party e.g. lawyers or independent dispute resolution.
c) MummyGoRound does not authenticate or verify its users or Members and therefore takes no responsibility for the accuracy of the description of the goods or service. It is the Member’s responsibility to describe the goods or services accurately and to ensure its accuracy (legal, technical etc.) and relevance on bartering for the good or service.
d) MummyGoRound does not accept any obligation to protect a Member from unsafe goods or services listed for exchange or sale on the MummyGoRound website. Members must not assume that the goods listed are safe to use and will be harmless to people, property or pets. MummyGoRound suggests Members thoroughly inspect the goods and services to ensure that they are safe to use before using them.
e) The Member and MummyGoRound are independent. No agency or partnership of any type exists nor is implied.
f) MummyGoRound recommends you do not share any bank account or personal data.
g) MummyGoRound requests that Members report any suspicious behaviour to CustServ@MummyGoRound.com.
3) Membership of MummyGoRound
a) Only UK residents aged 18 and over and who are able to enter legally binding contracts under applicable law are capable of being a Member.
b) Complete and accurate information must be provided by a prospective Member at registration. Failure to do so will be a breach of these Terms and Conditions and may result in the membership being terminated by MummyGoRound.
c) MummyGoRound reserves the right to refuse any membership application, or to terminate membership at its sole discretion.
d) MummyGoRound may disable your Member name or terminate membership in the event of a breach of these Terms and Conditions.
e) MummyGoRound may disable your Member name or terminate membership in its absolute discretion the event of a breach of these Terms and Conditions.
f) For clarity, no refunds for goods or services listed on the site will be provided by MummyGoRound.
g) No compensation for termination will be provided by MummyGoRound.
h) Members will be provided with a Member name and password. It is the Member’s responsibility to keep this information secure. All actions undertaken using the Member’s name are the Member’s responsibility. i) It is the Member’s responsibility to keep their registration details updated.
j) MummyGoRound reserves the right to suspend or terminate your membership without notice if you:
i) Breach these Terms and Conditions;
ii) Have violated the rights or trust of other Members;
iii) Have a poor ‘barter rating’;
iv) Use the MummyGoRound website for fraudulent, harmful or illegal or inappropriate activity;
v) Make contacts for fraudulent or illegal purposes;
vi) Provide misinformation;
vii) Impersonate someone else or provide inaccurate registration information; or
viii) Impose a threat (actual or implied) to our Members.
4) Liability
a) MummyGoRound accepts no responsibility for the content of any listing.
c) By agreeing to these Terms and Conditions you accept that MummyGoRound is not responsible for the acts or omissions of its Members.
d) MummyGoRound accepts no liability or responsibility for the statements or conduct made by Members. We do not review or control any information posted. As such Members may find information posted by other Members to be harmful, offensive, inaccurate or deceptive.
e) We do not guarantee continuous, uninterrupted or secure access to our services, and operation of the MummyGoRound website may be interfered with by numerous factors outside of our control. MummyGoRound has no liability for the acts or omissions of other providers of telecommunications services or faults in or failures of their networks and equipment.
f) The MummyGoRound website and our services are provided “as is” and as and when available, and to the extent permissible by law we exclude all implied warranties, conditions or other terms, whether implied by statute or otherwise, including without limitation any terms as to skill and care or timeliness of performance.
g) The general information on the MummyGoRound website is provided free-of-charge, and you acknowledge that it would be unreasonable to hold us liable in respect of the MummyGoRound website and the information on the MummyGoRound website.
h) It is the Member’s responsibility to ensure the goods and/or services they are listing are legal under applicable law and do not infringe any patent, copyright, registered design, registered or unregistered trademark or other intellectual property rights subsisting anywhere in the world.
i) Members are entirely responsible for all shipping costs, including packaging, optional insurance and any other costs. In no event will MummyGoRound be liable for any costs you incur in shipping goods or in any costs incurred directly or indirectly by use of the MummyGoRound website.
j) Under no circumstances will MummyGoRound be responsible for goods exchanged or sold on the site which are damaged in transit, nor for any misinterpretations and/or breaches of contract by the buyer or seller of any goods or services.
k) The Members will reimburse MummyGoRound for any losses suffered by MummyGoRound as a result of a listing unless the loss is a direct result of an act or omission by MummyGoRound.
l) MummyGoRound will not be liable for any economic losses (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings), any loss of goodwill or reputation, or any special, indirect or consequential damages (however arising, including negligence) arising out of or in connection with these Terms and Conditions.
a) The MummyGoRound website must not be used in any way which is harmful, illegal or fraudulent. This includes posting illegal goods or services as per applicable law and using the MummyGoRound website for a fraudulent, illegal or harmful purpose or activity.
b) Members must not post any material which could:
i) Be defamatory, obscene, indecent, hateful, discriminatory or inflammatory;
ii) Infringe any person’s intellectual property rights or rights of confidence, impinge any form of copyright, impinge upon any person’s privacy; or
iii) Be misleading, deceptive, sexually explicit, threatening, abusive, harassing or menacing.
c) Members adding goods or services to the MummyGoRound website must be legally able to provide the goods or service.
a) Hebben Limited owns the intellectual property rights in the MummyGoRound website and the material on the MummyGoRound website. All of our intellectual property rights are reserved.
b) All software that is made available on the MummyGoRound website is the copyrighted work of MummyGoRound and/or its suppliers and is licensed, not sold.
c) You may view, download for caching purposes only, and print pages from the MummyGoRound website, provided that:
i) You do not republish material from the MummyGoRound website (including republication on another website), or reproduce or store material from the MummyGoRound website in any public or private electronic retrieval system;
ii) You do not reproduce duplicate, copy, sell, resell, visit, or otherwise exploit the MummyGoRound website or material on the MummyGoRound website for a commercial purpose, without our express written consent; iii) You do not edit or otherwise modify any material on the MummyGoRound website except as expressly permitted by the MummyGoRound website;
iv) You do not cause the MummyGoRound website to contain any computer viruses, macro viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer or to surreptitiously intercept, access without authority or expropriate any system, data or personal information; and
v) You do not cause the MummyGoRound website to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the MummyGoRound website is in any way impaired.
d) We reserve the right to restrict access to various parts of the MummyGoRound website at our discretion.
a) You must not damage, reverse engineer or impair the MummyGoRound website or its availability.
b) You must not use the MummyGoRound website for marketing, mailing or publishing purposes without MummyGoRound’s express, prior consent in writing.
c) You must not use the MummyGoRound website to copy, publish or send material which is illegal or unlawful, or material which could give rise to legal action under applicable law.
d) You must not swap or offer for sale goods or services which are stolen, counterfeit or fraudulent or for which you have not a full title guarantee or any goods or services which are illegal.
e) The following items may not be listed in any sections of the MummyGoRound website:
i) live animals of any type;
ii) pornographic goods or services of any type;
iii) pharmaceutical medicines and drugs of any type; or
iv) weapons or any items reasonability considered to be a weapon including, but not limited to, knives, firearms, coshes and other adapted goods or services of violence.
f) You must not swap or offer for sale goods or services which are damaged or not fit for purpose, unless the deficiency is clearly detailed in the description of the goods or services.
a) MummyGoRound reserves the right to cease trading or running the MummyGoRound website with no notice.
b) MummyGoRound reserves the right to edit or remove any material posted upon the MummyGoRound website without notice.
c) These Terms and Conditions are governed by English law and each party agrees to submit to the exclusive jurisdiction of the courts of England and Wales.
