Terms of Use

Introduction

Welcome to the Baby Brezza website, bought to . This page, together with our privacy policy, cookie policy and our terms and conditions of sale (Terms and Conditions), tells you information about Baby Brezza and the legal terms under which you may use the website and on which we sell products on our website. These apply whether you are a guest or a registered user, and whether you are just accessing or browsing the website, or registering to use the website to purchase Baby Brezza’s products. The Terms and Conditions will apply to any contract between Baby Brezza and you for the sale of Baby Brezza’s products. The website is owned and operated by Cheeky Rascals Ltd (we, our), a company registered in England and Wales with registered company number 03933118 and with trading address: Stone Barn, The Brows, Farnham Road, Liss, Hampshire, GU33 6JG, United Kingdom. Our VAT number is UK 689097664. Please read the Terms and Conditions carefully before you use our website and contact us or a legal advisor if you have any questions. By using the website you confirm that you have read, understood and agree to the Terms and Conditions and that you agree to be bound by them. If you do not agree to be bound by all of the Terms and Conditions, please do not proceed and please refrain from using our website. If you are a business user please login to your business account on the trade area of the website and refer to our ‘Reseller Agreement’ for business customers and resellers. These Terms and Conditions are effective from 1st July 2014 and include:

• Terms covering the permitted and prohibited uses of our website, and standards for content that you may submit to the website;
• Our Privacy Policy, setting out how we protect and use information that we collect or that you provide to us when you use our website;
• Our Cookie Policy, setting out information about the cookies used when you use the website.

Please note that when you choose to purchase products from our website, you will also be subject to and must comply with our terms and conditions of sale.

Changes to the Website and the Terms and Conditions

We update the website regularly and you should note that we may change, withdraw or correct any website content or our services at any time. While we endeavour to keep the website up to date, please be aware that content may be out of date at any given time and we are under no obligation to update it. We may also change the Terms and Conditions from time to time without notice. You should check this page regularly to take account of any changes as they are legally binding on you.

Access to the Website

We make all efforts that we reasonably can to keep the website up and running smoothly. However, we may from time to time be required to suspend operation of the website or restrict access to it or to parts of it without notice to you. This may be for repair, maintenance, improvement or for another technical reason. We do not guarantee that the website will be available all of the time or that your use of it will be uninterrupted or error-free or will achieve any particular results. You are responsible for making all arrangements to enable you to access the website. You must also ensure that all persons who access the site through your internet connection are aware of all of the Terms and Conditions and that they comply with them. If you use, or we provide you with, a user identifier or password for security purposes and to enable you to access certain areas of the site, it is important that you keep these confidential and not disclose them to anyone else. If we believe, in our reasonable opinion, that you have not complied with the Terms and Conditions, we reserve the right to suspend or disable access to the site via your user identifier. Please inform us immediately at info@cheekyrascals.co.uk if you know or suspect that your user identifier or password is no longer secure.

Use of the website from outside the UK

Unless specified otherwise, the website and its content cover our products and services available in the UK. If you access the website from outside the UK, please be aware that you are responsible for compliance with any applicable local laws. If we accept orders for delivery to locations outside of the UK these will be subject to customs, legal, regulatory and certain practical restrictions.

Information about You

We process information about you in accordance with our Privacy Policy. By using the website, you consent to such processing and you warrant that all data provided by you is accurate. Please note that any telephone calls between us may be recorded for quality monitoring and training purposes.

Content of the Website

We have taken reasonable care in the preparation of the content of the website. Information and materials are provided in good faith using sources that we believe to be reliable. However, the content of the website is not intended to amount to advice upon which you should rely, and any reliance you place on such content is at your own risk. You are responsible for ensuring that any information, goods or services available on or through the website meet your specific requirements and you should seek specialist advice before taking or refraining from taking any action based on the content of the site. We use reasonable endeavours to make sure that the information on the website is correct, but we do not guarantee that the website content is accurate, up-to-date, error-free, complete or suitable for your particular requirements, and/or does not infringe the rights of any third party. We try to ensure that the website is free from software bugs, viruses and other malicious or harmful content, but we do not guarantee that the website will be completely secure or free from these items or content that may cause damage to your computer or other device. It is important that you have in place suitable security and protection software to protect your computer and other devices.

Disclaimers and Limit of Liability

Please read these provisions carefully as they limit our legal liability in connection with your use of the website. As far as is permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the website or any content on it. We shall be liable to you in respect of any fraud or other criminal act committed by us, and of any personal injury or death arising from our negligence. All other liabilities are excluded to the fullest extent permitted by English law. Except where required by applicable law, we will not be responsible for or liable to any user or third party for any loss or damage, arising in connection with:

• the use of, or inability to use, the website;
• the use of or reliance on any content displayed on the website;
• use of websites linked to our website;
• any errors or inaccuracies in the content of the website;
• any unavailability of the website;
• the content or accuracy of any content submitted by any user of the website;
• a virus or other technologically harmful material that may affect your computer, software, data or other materials and which arises from your use of the website or your downloading of any content.

If you are a business, please note that in particular, we will not be liable for:

• loss of profits, sales, business, or revenue;
• loss of use, or any business interruption;
• loss of anticipated savings;
• loss of business opportunity, goodwill or reputation; or
• any indirect or consequential loss or damage.

If you are a consumer, please note that the website is for your private use only and you agree that you will not use it for any commercial or business purposes. We will not be liable to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

Copyright and Intellectual Property Rights

We are the owner or the licensee of all intellectual property rights in the website, the computer code comprising the website, and in the content on the website including any materials published on it. The website and these materials, including any trademarks and logos, is copyright of Cheeky Rascals Limited or its licensors, and all rights are reserved. Unless we have given you our express written permission, you may not commercially exploit, or use for any commercial purpose whatsoever, any part of or all of the website or its content. If you wish to make enquiries about a licence to reproduce material from the website, please contact us or the copyright owner. Unless we have given you our express written permission, you are not allowed to copy, download, print, redistribute, reproduce, transmit, broadcast, record, edit, re-post any part of or all of the website or its content in any form, except that:You may print off one copy of the content and may download extracts of the content in an unaltered form for your personal reference and non-commercial use only;

• You may print off one copy of the content and may download extracts of the content in an unaltered form for your personal reference and non-commercial use only;
• You may copy the content to individual third parties for their personal and non-commercial use, but only if you acknowledge the website as the source of the material and also acknowledge our intellectual property rights in the content. You must also acknowledge our status (and that of any contributors) as authors of the content.

You must not modify any such copies and downloads and any illustrations, photographs, video sequences or graphics must include their accompanying text. BuggyBoard™ and Buggy Board™ are registered trademarks of Cheeky Rascals Limited.

Linking to and from Our Site

You may link to our homepage provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website not owned by you, and the website from which you are linking must comply in all material respects with the principles set out in our content standards set out below and the Terms and Conditions. Our website must not be framed on any other site without our prior written permission, nor may you create a link to any part of our site other than the homepage. We reserve the right to withdraw linking permission without notice at our sole discretion. If you wish to make any use of material on our site other than set out above, please contact us. You may find that the website includes links to other websites provided by third parties. These links are provided for your convenience and we have no control over and shall not be responsible for the content of any linked websites. The existence of any links does not imply that we recommend or endorse the content in any linked websites.

Competitions

In addition to the following rules, any competitions that we may offer will be subject to individual competition rules that will be available to all prospective entrants. Please note that we reserve the right to cancel or amend competition rules at any time without prior notice and with no liability to any entrants. No family member or relation of a member of the Baby Brezza team may enter a competition. Winning entries will be picked at random by computer or an independent person within ten working days after the closing date for the competition and winners will be contacted by telephone, post or email within a further fourteen days. We will use reasonable efforts to contact winners, but if we are unable to contact a winner in that time, then an alternative winner will be drawn from the remaining entries. Prizes will be sent by post or courier no later than 90 days after the closing date. There will be no cash alternative to a prize and we reserve the right to award an alternative prize of equal or greater value if the advertised prize or any part of it becomes unavailable. The result of each competition, and any judges’ decision will be final. No correspondence will be entered into. We accept no liability for competition entries which are not properly submitted for any technical reason whatsoever and we reserve the right to reject entries that are not properly submitted or are not in accordance with the competition rules. Winners may be required to participate in reasonable press or PR activity as notified by us. The name and county of each winner will be available on request by sending a stamped addressed envelope to our address above, and may be posted online. Any other personal data that we obtain from competition entries will only be used internally by us and will be processed in accordance with our Privacy Policy. Terms & Conditions: Prize-A-Day Advent Calendar Competitions

• Daily competitions are valid from midnight today until midnight on Facebook & Twitter
• Daily competitions are valid from 8am to 8am on Instagram.
• For competitions housed on Social Media: winners will be selected at random from across Facebook, Instagram & Twitter
• For competitions housed on the website under winners will be selected at random from the correct answer.
• One entry per person per platform. Bulk entries made by third parties will not be permitted.
• The winning entrant(s) will be drawn at random from all the correct entries after the closing date. Our decision as to the winner is final and no correspondence relating to the promotion will be entered into.
• The winner(s) will be notified within 14 days of the close of the promotion by email. Winners must claim their prize within 2 week of the closing date by replying to the email.
• Competition only open to UK residents aged 16 or over.
• Unclaimed prizes will be deferred to later promotions or new winners will be drawn.
• Baby Brezza reserves the right to amend these terms and conditions or to cancel, alter or amend the promotion at any stage, if deemed necessary in its opinion, or if circumstances arise outside of its control.
• There is no cash alternative and the prize will not be transferable. Prizes must be taken as stated and cannot be deferred. Baby Brezza reserves the right to substitute the prize with one of the same or greater value.

Your Use of the Website

You may only use the website for lawful purposes and you may not use it in a way that infringes anyone else’s rights or that restricts or inhibits anyone else’s enjoyment of the website. You are prohibited from using our website:

• For any commercial purposes;
• For data mining or for market research purposes or for collecting users’ personal or contact information;
• For the purpose of harming or attempting to harm minors in any way;
• To divert users to other websites;
• To promote, advertise or market any other services or products without our prior written approval;
• For any unlawful or fraudulent purpose, or in a way which breaches any applicable local, national, or international law or regulation;
• To send, knowingly receive, upload, download or use any material which does not comply with our content standards
• To transmit, or procure the sending of unsolicited or unauthorized advertising or promotional material (spam);
• To knowingly transmit, send or upload any data or material that contains viruses, Trojan horses, worms, timebombs, keystroke loggers, spyware, adware or other programs or code designed to harm or adversely affect the operation of any computer software or hardware;
• To interfere with, damage or disrupt the website or any part of it including any computer code, equipment, network comprising or used in the provision of the website.

Please note that any unauthorised use of the website, any part of it or its content may give rise to a claim for damages and may be a criminal offence.

Submitting Content to the Website

When you submit content to the website or to any related third party website or page such as our Facebook page, Twitter or YouTube, or social networking site, or make contact with other users of the site, you must comply with our content standards set out below and the Terms and Conditions. You will be responsible for and liable to us for any loss or damage that we suffer as a result if you do not comply. You must be 18 years of age or older and registered with us on the website to submit content. Suppliers and manufacturers of either our products, or competitive ones, may not submit content either directly or indirectly to the website or to our related third party website pages. Please note that we will consider any content (other than your personal data) that you submit to the website, or to any Baby Brezza related third party website or page, to be non-confidential and non-proprietary, and we will have the right to use, edit, copy and distribute this content and disclose it to third parties, for any purpose at our discretion. By submitting content, you confirm and warrant that you have the right to use it, and to grant us these rights over it. We also have the right to disclose your identity to any third party who is claiming that any content submitted by you to the website constitutes a violation of their intellectual property rights, or of their right to privacy. We have the right to remove any submission you make to the website if, in our opinion, your submission does not comply with our content standards. The views expressed by other users on the website or on any related sites do not necessarily represent our views or values. Whilst we encourage you to contribute your views, some people may decide to come onto the website with the intention of causing trouble for other users. If you do choose to break our rules by breaching the Terms and Conditions, we may:

• Suspend or withdraw your right to use our website and/or withdraw any submission made by you to our site, immediately, on a temporary or permanent basis;
• Instigate legal action against you, including action for reimbursement of our costs, losses and damages resulting from the breach;
• Disclose such information to law enforcement authorities as we reasonably feel is necessary;
• Take any other action we reasonably deem is necessary.

Content Standards

Our content standards apply to all submissions that you make to our website, or to any related third party website or page such as our Facebook page, Twitter or YouTube, or other social networking site. All content submitted to the website should be polite, in English, and should be accurate as to any facts, or if opinions, should be genuinely held, and must:

• comply with applicable law in the UK and any country from which the submission is made; and
• reference the sources of information and content as appropriate.

Content submitted must not:

• Contain any material which is defamatory of any person or which is obscene, offensive, hateful or inflammatory.
• Contain or promote sexually explicit material, violence, discrimination based on race, sex, religion, nationality, disability, sexual orientation or age or any illegal activity.
• Be threatening, abusive or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety or be likely to harass, upset, embarrass, alarm or annoy any other person.
• Be made in breach of any legal duty owed to a third party including infringing any copyright, database right or trade mark of any other person.
• Be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
• Give the impression that it emanates from us, if this is not the case.
• Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
• Contain comments about other users, reviewers or bloggers on our website.
• Include spam or advertising, third party brand names or trademarks, computer code or website URLs.
• Contain availability, price, or alternative ordering or delivery information or information about our suppliers or manufacturers.
• Be misleading, inaccurate or unfair in respect of products shown on the website.
• Contain information or comments about competitive products or any comparisons between competitive products and products shown on the website.

Please let us know if you find any submissions which do not comply with these content standards.

Governing Law

If you are a consumer, please note that the Terms and Conditions, their subject matter and their formation, are governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction over any claim arising from or related to a visit to the website. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland. If you are a business, the Terms and Conditions, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. You and we both agree to the exclusive jurisdiction of the courts of England and Wales over any claim arising from or related to a visit to the website, although we retain the right to bring proceedings against you for breach of the Terms and Conditions in your country of residence or any other relevant country.

General

If any provision of the Terms and Conditions shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions. The Terms and Conditions constitute the entire agreement between you and us with respect to the subject matter hereof and shall supersede all previous representations, agreements and other communications between you and us, both oral and written. Thank you for visiting our website.