Terms and Conditions.
Please read these terms of use carefully before you start to use our Website or App and any features wherein, including that of our AI wellness coach. By using our Website or App or AI wellness coach, you indicate that you accept the Terms of Use and that you agree to abide by them. If you do not agree to the Terms of Use, please refrain from using our Website or App or AI Wellness Coach.
1. INFORMATION ABOUT US
1.1 We are a Limited company registered in England and Wales at Companies House under the Baby 2 Body Limited (we, us, our, and Baby 2 Body Limited). Our registered office is at 20 Air St, London, W1B 5AN.
1.2 If you have any queries about the Website, App, and AI Wellness Coach or any information contained on it, please contact us at 9th Floor 107 Cheapside London EC2V 6DN or by email at [email protected].
2. ACCESSING OUR WEBSITE, APP, or AI WELLNESS COACH
2.1 Access to our Website, App, and AI Wellness Coach is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our Website or App or AI Wellness Coach without notice. From time to time, we may restrict access to some or all of our Website or App or AI Wellness Coach. We will not be liable if for any reason our Website or App or AI Wellness Coach is unavailable at any time or for any period.
2.2 If you breach these Terms of Use, your permission to use the Website terminates immediately and you must immediately destroy any downloaded or printed extracts from the Website or App or AI Wellness Coach.
2.3 You are responsible for making all arrangements necessary for you to have access to our Website or App or AI Wellness Coach.
2.4 By accessing our Website or App or AI Wellness Coach any person using your computer agrees to be bound by these Terms of Use. You are responsible for ensuring that all persons who access our Website or App or AI Wellness Coach through your internet connection and on your computer are aware of these Terms of Use and that they comply with them. You are also responsible for the use of our Website or App or AI Wellness Coach by any person using your computer.
3. DISCLAIMER
3.1 Nothing on this Website or App or AI Wellness Coach is intended, nor should it be taken, to create any legal or contractual relationship. Any transmission, downloading or sending of any information from the Website or App or AI Wellness Coach does not create any contractual relationship.
3.2 The content of the Website or App or AI Wellness Coach is designed for information purposes only. Neither the information nor any opinions stated in the Website or App or AI Wellness Coach constitutes a solicitation or offer by Baby 2 Body Limited to buy or sell any securities or other financial instruments or to provide any investment advice.
3.3 It is your responsibility to acquaint yourself with any local laws and restrictions on the usage of this Website or App or AI Wellness Coach and the availability of any services described on it. The information on this Website or App or AI Wellness Coach is not intended for distribution to or use by any personal entity in any jurisdiction or country where such distribution would be contrary to local law or regulation.
3.4 Nothing in this Website or App or AI Wellness Coach may be published in the press or elsewhere without permission of Baby 2 Body Limited.
3.5 Baby 2 Body Limited does not provide medical or health advice, our advice and suggestions are general and are designed for a woman with a low risk pregnancy, who is healthy and fit. You are responsible for getting your doctor’s approval before doing any exercise or taking any advice that we give. The company is not a licensed medical care provider and the app is not intended to replace professional medical advice or diagnose, treat or manage any illness or medical condition.
3.6 Clients of Baby 2 Body Limited and viewers of this Website or App or AI Wellness Coach are encouraged to consult their own legal and tax advisers.
3.7 While we endeavour at all times to ensure information on our Website or App or AI Wellness Coach is clear, fair and not misleading at the date of publication, we do not hold the information as impartial and it should not be viewed as wholly objective. Information on this Website or App or AI Wellness Coach is based on sources that we believe to be reliable but we give no undertaking that it is accurate or complete and Baby 2 Body Limited cannot and does not guarantee the accuracy, validity, timeliness or completeness of any information or data made available to you for any particular purpose or at all.
3.8 Any opinions are subject to change without notice and Baby 2 Body Limited is under no obligation to report or keep information accurate.
3.9 This Website, App and AI Wellness Coach is controlled and operated by Baby 2 Body Limited in the United Kingdom. We make no representations that materials in the Website or App or AI Wellness Coach are appropriate or available for use in other locations. Those who choose to access the Website from other locations do so at their own risk and are responsible for their own health and fitness.
3.10 You acknowledge and agree that any decisions or actions you take based on the information provided by the Website or App or AI Wellness Coach and AI wellness coach are your responsibility. You should exercise your own judgment and consult with healthcare professionals as needed.
4. INTELLECTUAL PROPERTY RIGHTS
4.1 This Website or App or AI Wellness Coach, its contents, any materials downloaded, and all intellectual property pertaining to or contained on the Website or App or AI Wellness Coach (including but not limited to copyrights, patents, database rights, graphics, designs, text, logos, trade dress, trademarks and service marks) are owned by or licensed to us and/or from third parties and all rights, title and interest in them shall remain the property of Baby 2 Body Limited and/or such third parties (collectively, the Content).
4.2 The Content is protected by copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
4.3 You are permitted to print copies and download extracts of the content on the Website or App or AI Wellness Coach for your own personal use for information purposes only, and may draw the attention of others within your organisation to material posted on the Website or App or AI Wellness Coach, subject to the following conditions:
4.3.1 Our status (and that of any identified contributors) as the authors of material on our Website or App or AI Wellness Coach must always be acknowledged;
4.3.2 You must not modify in any way the paper or digital copies of any materials you have printed off or downloaded, and you must not use any illustrations, photographs, video or audio sequences or graphics separately from any accompanying text;
4.3.3 You must not duplicate, copy, publish, modify, create derivative works from, participate in the transfer of, post on the internet, or in any way distribute, redistribute or exploit the Website or App or AI Wellness Coach, or any portion of the Website or App or AI Wellness Coach, for any public or commercial use without our express prior written consent;
4.3.4 You must not otherwise use any part of the Website or App or AI Wellness Coach in contravention of these Terms of Use.
4.4 If you print off, copy or download any part of the Website or App or AI Wellness Coach in breach of these Terms of Use, your right to use the Website or App or AI Wellness Coach will cease immediately and you must, at our option, return to us or destroy any copies of the materials you have made.
4.5 You must not sell, rent or sub-license material from the Website or App or AI Wellness Coach.
5. UNLAWFUL OR PROHIBITED USE
5.1 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, trojans, worms, logic bombs or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or App or AI Wellness Coach or to your downloading of any material posted on it, or on any website linked to it.
5.2 You must not misuse our Website or App or AI Wellness Coach by knowingly or recklessly introducing viruses, trojans, worms, logic bombs or any other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website or App or AI Wellness Coach, the server on which our Website or App or AI Wellness Coach is stored or any server, computer or database connected to our Website or App or AI Wellness Coach. You must not attack our Website or App or AI Wellness Coach via a denial-of-service attack or a distributed denial-of service attack.
5.3 Any such unauthorised use of our Website or App or AI Wellness Coach may give rise to a claim for damages and/or be a criminal offence under the Computer Misuse Act 1990. We will report any such activity to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website or App or AI Wellness Coach will cease immediately and without further notice.
5.4 You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without Baby2Body’s express written consent.
5.5 You must not use this website for any purposes related to marketing without Baby2Body’s express written consent.
6. YOUR USE OF CONTENT AND INFORMATION - DISCLAIMER WITH RESPECT TO CONTENT
6.1 A variety of information, advice, recommendations, letters, messages, comments, posts, text, graphics, software, music, sound, photographs, videos, data, and other materials ("Content") is available on the Website or App or AI Wellness Coach. Some of the Content is provided by Baby2Body or its suppliers, and other Content is provided by persons who use the Website or App or AI Wellness Coach ("Users"), such as User opinions and views provided via posts to chat rooms, bulletin boards, or discussion forums. While Baby2Body strives to keep the Content that it posts on the Website or App or AI Wellness Coach accurate, complete, and up-to-date, Baby2Body cannot guarantee and is not responsible for, the accuracy, completeness, or timeliness of any Content, whether provided by Baby2Body or its suppliers, or by Users of the Website or App or AI Wellness Coach. THE CONTENT AVAILABLE VIA THE WEB SITE AND MOBILE APPLICATION AND AI WELLNESS COACH IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER BABY2BODY NOR ITS SUPPLIERS OR USERS ARE ENGAGED IN RENDERING MEDICAL, COUNSELING, LEGAL, OR OTHER PROFESSIONAL SERVICES OR ADVICE. SUCH CONTENT IS INTENDED SOLELY AS A GENERAL EDUCATIONAL AID. IT IS NOT INTENDED AS MEDICAL OR HEALTHCARE ADVICE, OR TO BE USED FOR MEDICAL DIAGNOSIS OR TREATMENT, FOR ANY INDIVIDUAL PROBLEM. IT IS ALSO NOT INTENDED AS A SUBSTITUTE FOR PROFESSIONAL ADVICE AND SERVICES FROM A QUALIFIED HEALTHCARE PROVIDER FAMILIAR WITH YOUR UNIQUE FACTS. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER REGARDING ANY MEDICAL CONDITION AND BEFORE STARTING ANY NEW TREATMENT.
7. NO OBLIGATION TO PRESCREEN USER CONTENT
7.1 Baby2Body does not have any obligation to prescreen, edit, or remove any Content provided by Users that is posted on or available through the Website or App or AI Wellness Coach. However, Baby2Body will have the right (but not the obligation), in its sole discretion and for any reason, to prescreen, edit, refuse to accept, remove, or move any such Content.
8. USER-SUBMITTED CONTENT REPRESENTATIONS MADE AND RIGHTS GRANTED
8.1 You are responsible for all Content or Feedback that you submit, post, or otherwise make available to us through questionnaires, email communication, social platform communication, or through the Website or App or AI Wellness Coach. By doing so, you (1) represent and warrant to Baby2Body that such content is not confidential and that you have all necessary permission to submit, post and otherwise make available such Content or Feedback; (2) grant to Baby2Body and its affiliates a worldwide, nonexclusive, perpetual, fully sub-licensable, royalty-free right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute (including, without limitation, making available on-line, electronically transmitting or otherwise communicating to the public), perform, and display such Content or Feedback (in whole or part) worldwide via the Website or App or AI Wellness Coach or otherwise, and/or to incorporate it in other works in any form, media, or technology now known or later developed; and (3) consent to all relevant acts or omissions in relation to your moral rights in such Content or Feedback which may or might otherwise constitute a breach or infringement of those moral rights and to the extent permitted by law, waive all your moral rights in such Content or Feedback.
9. PRIVACY AND PROCESSING OF PERSONAL INFORMATION
9.1 Our Privacy Policy applies to use of our Website or App or AI Wellness Coach, and its terms are made a part of these Terms of Use by this reference.
9.2 We will always do our utmost to keep your data safe and secure. However, by using our Website or App or AI Wellness Coach, you acknowledge and agree that internet transmissions are never completely private or secure. You understand that any message or information you send to our Website or App or AI Wellness Coach may be read or intercepted by others, notwithstanding our efforts to protect such transmissions. We are not responsible for any messages which are lost, altered by third parties or intercepted and we will not be liable to you or anyone else for any damages or otherwise in connection with any message sent by you to us or by us to you via the internet.
9.3 Our Website, App, and AI Wellness Coach makes use of cookies. Cookies are files which our server uses to identify your computer. Cookies cannot identify which person is using the computer. The cookies we use record which parts of our Site are being visited and for how long. Please view our website and app privacy policy which lists exactly what cookies we use.
9.4 The Privacy and Electronic Communications (EC Directive) (Amendment) Regulations 2011 requires that cookies can only be placed on a computer where the user has given their express consent. You can choose to accept or decline cookies when you first access our Site. We require you to indicate your choice via an automated "pop-up" box, which explains the cookies we use and what we use them for. Most web browsers automatically accept cookies, but you can also usually modify your browser setting to decline cookies if you prefer. If you decline to accept our use of cookies or set your web browser to decline their use, you will have only limited functionality in the use of our Site. Our Privacy Policy contains further guidance on our use of cookies.
9.5 For information about our data protection practices, please read our Privacy Policy which can be viewed at baby2body.com/privacy. The Privacy Policy explains how we process your personal information and protect your privacy when you use our Services and submit your information or data to us. It also outlines how you are able to change your privacy preferences. This Privacy Policy applies where we are acting as a data controller with respect to the personal data of our website visitors and service users; in other words, where we determine the purposes and means of the processing of that personal data. The Privacy Policy and Data Protection Policy (baby2body.com/privacy) form part of our General Terms and Conditions of Service. By using our Website or App or AI Wellness Coach, you warrant, represent and undertake that all data provided by you is accurate, up to date and complete.
10. EXCLUSION OF LIABILITY
10.1 The material displayed on our Website or App or AI Wellness Coach is provided without any guarantees, conditions or warranties as to its accuracy, originality or completeness. To the extent permitted by law, we and third parties connected to us hereby expressly exclude:
10.1.1 All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity;
10.1.2 Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our Website or App or AI Wellness Coach or in connection with the use, inability to use, or results of the use of our Website or App or AI Wellness Coach, any websites linked to it and any materials posted on it, including: (a) loss of income or revenue; (b) loss of business; (c) loss of profits or contracts; (d) loss of anticipated savings; (e) loss of data; (f) loss of goodwill; (g) wasted management or office time; and (h) any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
10.1.3 In jurisdictions which do not allow the exclusion or limitations of certain types of liability, Baby 2 Body Limited's liability will be limited to the maximum extent permitted by law. 10.2 Nothing in these Terms of Use limits or excludes our liability for death or personal injury arising from our negligence or any other liability which cannot be excluded or limited under applicable law.
11. INDEMNITY
11.1 By using our Website or App or AI Wellness Coach, you agree to indemnify and hold harmless Baby 2 Body Limited from and against any and all losses, claims, damages, costs and expenses (including reasonable legal and accounting fees) that Baby 2 Body Limited may become obliged to pay, arising or resulting from your use of our Website, the Content, the App or the AI Wellness Coach or your breach of these Terms of Use. Baby 2 Body Limited reserves the right to assume or participate, at your expense, in the investigation, settlement and defense of any such action or claim.
12. LINKS TO THIRD-PARTY WEBSITES
12.1 Our Website or App or AI Wellness Coach may contain links to websites and resources maintained by third parties. These links are provided for your information only. We have no control over the contents of those websites and resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. We are not responsible for the content, availability or privacy policies of those sites, and the existence of such links should not be considered an endorsement or recommendation of those sites or of any product or service offered on those sites or of any party that is associated with those sites.
12.2 Please note that other websites and resources linked to on our Website or App or AI Wellness Coach may be governed by separate terms and conditions, including privacy policies. You should refer to the applicable terms and conditions of those websites and resources before using them and you should direct any questions or comments about the linked website or resource to the appropriate website provider.
13. LINKING TO OUR WEBSITE
13.1 You may link to our home page, 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.
13.2 You must not establish a link from any website that is not owned by you.
13.3 Our Website or App or AI Wellness Coach must not be framed on any other website, nor may you create a link to any part of our Website other than the home page. We reserve the right to withdraw linking permission without notice.
13.4 If you wish to make any use of material on our Website or App or AI Wellness Coach other than that set out above, please address your request to [email protected].
14. REVISION OF TERMS
14.1 We may revise these Terms of Use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our Website or App or AI Wellness Coach.
15. JURISDICTION AND APPLICABLE LAW
15.1 The English courts will have non-exclusive jurisdiction over any claim arising from, or related to, a visit to our Website or App or AI Wellness Coach. We retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.
15.2 These terms of use 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.
16. MISCELLANEOUS
16.1 Any failure by Baby 2 Body Limited to exercise any rights or enforce any of these Terms of Use shall not constitute a waiver of such rights or terms.
16.2 If any provision of these Terms of Use or their application in a particular circumstance is held to be invalid or unenforceable to any extent, the remainder of these Terms of Use, or the application of such provision in other circumstances, shall not be affected thereby, and each provision of these Terms of Use shall be valid and enforced to the fullest extent permitted by law.
16.3 These Terms of Use (together with any documents referred to in them) constitute the entire agreement between you and Baby 2 Body Limited with regard to your use of our Website or App or AI Wellness Coach, and any and all other written or oral agreements or understandings previously existing between you and Baby 2 Body Limited with respect to such use are superseded and cancelled.
17. YOUR CONCERNS
17.1 If you have any concerns about any material which appears on our Website or App or AI Wellness Coach, please contact [email protected].
18. SEVERABILITY
18.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
19. PROMOTIONAL CODES
19.1 Promotional Codes offered by Baby2Body Limited each have their own terms, which will be made clear at the time it’s issued to you (e.g. expiry date).
19.2 To redeem a promotional code the user must sign up via the Baby2Body Website (https://app.baby2body.com/get-started) and enter the relevant code when prompted at check-out.
19.3 Only one promotional code can be used per membership and cannot be used in conjunction with any other promotions unless specifically stated otherwise.
19.4 Promotional codes only apply to new memberships unless specifically stated otherwise.
19.5 Promotional codes have no cash redemption value.
19.6 We reserve the right to end a promotion at any time.
19.7 We reserve the right to decline an order where, in its opinion, a promotional code is invalid.
20. FREE TRIAL, CANCELLATION & REFUND POLICIES
20.1 These policies only apply to purchases made on the Baby2Body website (www.baby2body.com).
20.2 If you purchased a subscription through a third party (such as an in-app purchase through your Apple ID or Google Play account), please refer to any terms and conditions provided to you in connection with the purchase. You will need to contact Apple regarding purchases made through your Apple ID and refunds will be subject to Apple’s applicable payment policy. You will need to contact Google regarding purchases made through your Google Play account, and refunds will be subject to Google’s applicable payment policy.
20.3 Cancellation and refund policies differ according to the payment term. We offer 4 payment options: 1) “Monthly” subscriptions paid in monthly installments and renewing each month unless canceled; 2) “Annual” subscriptions paid for in annual installments and renewing each year unless canceled; 3) “Lifetime” purchase paid for as a one-time payment and allowing for unlimited individual access to Baby2Body Premium; and 4) “Program” purchase paid for as a one-time payment and allowing for unlimited individual access to the purchased Program.
20.4 “Monthly” and “Annual” subscriptions come with a 7-day free trial period for new subscribers. If you have activated a free trial before, you will not be eligible for the 7-day free trial and you will be billed for your selected subscription immediately.
20.5 The 7-day free trial can be canceled at any time within the trial period and your Premium access will expire at the end of the 7 days.
20.6 If you do not cancel before the end of the 7-day free trial, you will be billed for the selected subscription.
20.7 “Monthly” and “Annual” subscriptions can be canceled at any time and your Premium access will expire at the end of your current subscription cycle. You will not be automatically refunded.
20.8 “Monthly” subscriptions must be canceled before the renewal date to avoid billing of the next month’s subscription fees.
20.9 “Annual” subscriptions must be canceled before the renewal date to avoid billing for the next year’s subscription fees.
20.10 “Monthly” and “Annual” subscriptions are not eligible for partial refunds.
20.11 Lifetime purchases may be eligible for refunds within 7 days of purchase. After 7 days, the Lifetime purchase will not be eligible for a refund.
20.12 Program purchases may be eligible for refunds within 24 hours of purchase, as long as the Program materials have not been downloaded. If any material has been downloaded after purchasing a Program, it will no longer be eligible for a refund.
20.13 To inquire about our refund policies further, please email us at [email protected].
21. SOCIAL MEDIA GIVEAWAYS
21.1 For the purposes of this section, "The Promoter" refers to Baby2Body Limited whose Instagram handle is @baby2bodyofficial.
21.2 By entering into a giveaway hosted on The Promoters social channels you agree to be bound by these terms and conditions, and those outlined in the caption of the particular giveaway you enter into.
21.3 No purchase necessary. Winners will not be required to pay to enter the competition.
21.4 Entrants must be over 18 years old on the date of their entry.
21.5 Employees of The Promoter are not eligible to enter.
21.6 The Promoter will not be held liable for any failure of receipt of entries. The Promoter takes no responsibility for any entries which are lost, delayed, illegible, corrupted, damaged, incomplete, or otherwise invalid.
21.7 To the extent permitted by applicable law, The Promoter’s liability under or in connection with the competition or these terms and conditions shall be limited to the cost price of the Prize in question.
21.8 To the extent permitted by applicable law, The Promoter shall not be liable under or in connection with these terms and conditions, the competition or any Prize for any indirect, special or consequential cost, expense, loss or damage suffered by a participant even if such cost, expense, loss or damage was reasonably foreseeable or might reasonably have been contemplated by the participant and the promoter and whether arising from breach of contract, tort, negligence, breach of statutory duty or otherwise.
21.9 Prizes are non-negotiable, non-transferable and non-refundable. No cash alternative is available. Where a Prize becomes unavailable for any reason, the promoter reserves the right to substitute that prize for a prize of equal or higher value.
21.10 Orders that are shipped to countries outside the United Kingdom may be subject to import taxes, customs tariffs, and fees levied by the destination country or the shipping company. These charges are the customer’s responsibility and will be billed by the delivery company. We have no control over these charges and are unable to estimate them. Tariffs and taxes are neither collected nor included in your price calculation at the time of your order; for an estimate of these fees, which vary by region, contact the customs office in your area.
21.11 The name, address, email address and phone number of the winner must be provided to The Promoter if requested and will be shared to enable fulfilment of the Prize.
21.12 In the event of unforeseen circumstances beyond The Promoter’s reasonable control, the promoter reserves the right to cancel, terminate, modify or suspend the competition or these terms and conditions, either in whole or in part, with or without notice.
21.13 The Promoter's decision is final. No correspondence will be entered into.
21.14 The winner’s name and social media username may be posted on the social media profiles of The Promotor after the winner has been selected.