Terms & Conditions

 

 

Last Updated as of June 25, 2016

  1. Your Acceptance

    1. By using the HealthyMama Applications Inc. (the “Provider”) “HealthyMama” service (including without limitation all other content and functionality available through such service, and all updates thereof, the “Service”), whether through the website interface or mobile application provided by Provider, you signify your agreement to be bound by (i) these terms and conditions (the “Terms of Service”), and (ii) Provider’s Privacy Policy, found at www.nourishedbabe.com> and incorporated herein by reference. If you do not agree to any of these Terms of Service or to Provider’s Privacy Policy, please do not use the Service.

    2. Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version on the Provider’s website at www.nourishedbabe.com and application. The Provider may, in its sole discretion, modify or revise these Terms of Service and the Privacy Policy at any time, and your continued use of the Service signifies your agreement to be bound by such modifications or revisions.
       

  2. Service

    1. Subject to your compliance with the terms and conditions set out in these Terms of Service, Provider hereby grants to you a personal, limited, non-exclusive, non-transferrable, and freely revocable license to access and use the Service.

    2. You hereby acknowledge and agree that the information generated by your use of the Service (“Statistics”) and any text, photos, videos and other content and media (“Content”) submitted by you through the Service will be disclosed to and be accessible by (i) Provider; (ii) parties, such as parents, insurance companies, external company or employers, designated or consented to by you to have access to monitor such Statistics (“Designated Parties”) and (iii) on an aggregated, non-identifying basis only, Provider’s partners, such as other companies and government entities (“Partners”). [You hereby acknowledge and agree that the Service may submit and utilize your GPS and other location information, and other device information, in connection with your use of the Service.]

    3. Provider will not and cannot censor or edit the content of any third-party site or application, or any Content submitted by any other user. By using the Service, you expressly relieve Provider from any and all liability arising from your use of any third-party website or application or viewing any Content submitted by another user. Provider has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party.

    4. All right, title, interest and ownership and intellectual property rights in and to the Service and the marks used in connection with the Service by the Provider, other than Content submitted by you through the Service, are and will remain the property of Provider or its software or content suppliers.

    5. The Service is provided to you “AS IS” for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purpose other than use as intended through the provided functionality of the Service.

    6. Your Content is hosted by a third party servicer provider that is not owned or controlled by Provider. Provider has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third parties.

    7. Provider reserves the right to terminate these Terms of Service or modify, suspend or discontinue the Service, or any portion thereof, at any time and for any reason, with or without notice. Provider shall have no liability whatsoever for any damages, liabilities, losses or any other consequences that you may incur as a result of any such termination, modification, suspension or discontinuance.
       

  3. User Information

    1. In order to access the Service, you will be asked to provide certain contact information, including but not limited to, your name, email address and phone number. You must provide complete and accurate information to Provider through the Service. If you are a business, government, or non-profit entity, the person whose contact information you provide must have the authority to bind the entity to these Terms of Service. If you are a business, government, or non-profit entity, you must use the actual name of your organization.
       

  4. General Use of the Service - Permissions and Restrictions

    1. You may not use the Service to infringe any third party’s privacy rights, publicity rights, defamation rights, copyrights, trademark rights, contract rights or any other rights of any person.

    2. You agree not to use or launch any automated system, including without limitation any “robot” or “spider” that accesses the Service. You agree not to collect or harvest any personally identifiable information, from the Service or the Content, nor to use the Service for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any other users of the Service.

    3. You may not interfere with, or attempt to interfere with, the Service or the networks or services connected to the Service, whether through the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit such activity.

    4. You must use the Service in a manner consistent with any and all applicable laws and regulations. Provider reserves the right to investigate and take appropriate legal action against anyone who, in Provider’s sole discretion, violates this provision, including without limitation, removing Content from the Service and banning the violating computer or mobile device from accessing the Service.
       
  5. Content Restrictions
    1. Provider does not guarantee any confidentiality with respect to any Content uploaded by you. You shall be solely responsible for your own Content and the consequences of posting or publishing it. In connection with Content, you affirm, represent, and warrant that you own or have the necessary licenses, rights, consents and permissions to use and authorize Provider to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Content to enable inclusion and use of the Content in the manner contemplated by the Service and these Terms of Service.
    2. By submitting Content, you hereby grant Provider an irrevocable, worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use, host, reproduce, distribute, display, perform, modify and create derivative works of the Content in connection with providing the Service to you and to other users of the Service. Provider expressly disclaims any and all liability in connection with Content and its use. Provider does not permit copyright infringing activities and infringement of intellectual property rights on the Service, and Provider reserves the right to remove Content if properly notified that such Content infringes on another's intellectual property rights.
    3. Provider reserves the right to remove any Content for any reason whatsoever. Specifically, the prohibited conduct listed below will be immediately deleted and the IP address of the uploader may be reported to authorities. Violating these terms may result in the termination of your ability to upload further Content and/or access the Service. Prohibited Content includes but is not limited to any Content that (i) is patently offensive, exploitative, criminal, or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (ii) is considered adult or pornographic; (iii) harasses or advocates harassment of another person, or promotes illicit or criminal activity; (iv) solicits personal information from anyone under 18; (v) constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (vi) involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, or “spamming”; or (vii) interferes or attempts to interfere with the proper working of Service or prevents others from using the Service, or in a manner that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the Service, or that otherwise negatively affects other persons’ ability to use the Service.
    4. You acknowledge that any ideas, suggestions, concepts, processes or techniques which you provide to Provider related to the Service or Provider or its business ("Feedback") shall become Provider's property without any compensation or other consideration payable to you by Provider, and you do so of your own free will and volition. Provider may or may not, in its sole discretion, use or incorporate the Feedback in whatever form or derivative Provider may decide into the Service or its other products and services, or any future versions or derivatives of the foregoing. You hereby assign all rights on a worldwide basis in perpetuity to Provider in any Feedback and, as applicable, waive any moral rights therein.
       
  6. Access Termination Policy

    1. Provider may ban a computer or mobile device from accessing the Service and/or terminate a user's access to the Service if, under appropriate circumstances, they are determined by Provider to be an infringer of these Terms of Service.
    2. Provider reserves the right to decide whether Content is appropriate and complies with these Terms of Service for violations other than copyright infringement, such as, but not limited to, pornography, obscene or defamatory material. Provider may remove such Content, ban the user’s computer or mobile device from accessing the Service and/or terminate a user's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
       
  7. Warranty Disclaimer
    1. The Service may require use of technology (including hardware and software) and information provided by third parties, including mobile carriers, email and SMS programs, Bluetooth hardware, data from GPS and telematics services/providers, and phone dialers and other applications. The Service may send or receive information, electronic data and spoken data in conjunction with these third party technologies and information, and the malfunctioning, latency, accuracy or other errors of such third party technology and information may affect the functioning of any software, information, and other technology provided by Provider and/or the Service. Provider expressly disclaims any warranties with respect to such third party technology or information, including without limitation the accuracy or reliability thereof.

      YOU AGREE THAT YOUR USE OF THE SERVICE AND ALL CONTENT FORMING PART OF OR RELATED TO THE SERVICE SHALL BE AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, PROVIDER AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED OR STATUTORY, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, PERFORMANCE, HARDWARE COMPATIBILITY, QUIET ENJOYMENT, TITLE AND NON-INFRINGEMENT. PROVIDER MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF ANY SITES, APPLICATIONS, PAGES OR SERVICES LINKED TO OR THROUGH THE SERVICE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR (I) ANY ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN THE SERVICE, (II) ANY PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RELATED TO OR RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICE OR ANY CONTENT, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY, OR (VI) ANY ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE. THE SERVICE IS JUST SUGGESTIONS AND SHOULD BE USED IN CONJUNCTION WITH A HEALTHCARE PROVIDER. THE SERVICE IS NOT A SUBSTITUTION FOR THE ADVICE OF A MEDICAL PROFESSIONAL. THE SERVICE IS NOT TO BE USED IF YOU HAVE ANY PREEXISTING CONDITIONS, OR CONDITIONS THAT HAVE DEVELOPED DURING THE USE OF THE SERVICE, INCLUDING BUT NOT LIMITED TO, HEART CONDITION, DIABETES, HIGH BLOOD PRESSURE, THYROID CONDITION, HYPERTENSION, HYPOTENSION. PRODUCT IS NOT DESIGNED FOR UNDER 18 AND OVER 45, AND SHOULD NOT BE USED WITHOUT FURTHER CONSULTATION WITH A MEDICAL PROFESSIONAL.

      YOU ACKNOWLEDGE THAT THE SERVICE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET, EMAIL, MOBILE AND VOICE AND ELECTRONIC COMMUNICATIONS. PROVIDER IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR DAMAGES RELATED TO OR RESULTING FROM SUCH PROBLEMS. YOU UNDERSTAND AND AGREES THAT YOU DOWNLOAD OR OTHERWISE OBTAINS MATERIAL OR DATA THROUGH THE SERVICE AT YOUR OWN DISCRETION AND RISK. YOU ACKNOWLEDGE THAT PROVIDER DOES NOT GUARANTEE THE COMPLETENESS OF EVENT AND OTHER DATA CAPTURED THROUGH THE SERVICE. THE DATA CAPTURED MAY BE SUSCEPTIBLE TO DELAYS AS WELL AS MISSING DATA DUE TO HANDSET OR DEVICE PERFORMANCE, THE MOBILE NETWORK, 3rd PARTY SERVICES INCLUDING TELEMATICS VENDORS AND OTHER TECHNOLOGY BEYOND PROVIDER’S CONTROL.
       
  8. Limitation of Liability
    1. IN NO EVENT SHALL PROVIDER, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RELATED TO OR RESULTING FROM YOUR USE OF OR ACCESS TO THE SERVICE, INCLUDING WITHOUT LIMITATION RELATED TO OR RESULTING FROM ANY (I) ANY ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN THE SERVICE, (II) PERSONAL INJURY, TO YOU OR OTHERS FOR WHICH AT LAW YOU ARE RESPONSIBLE, OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RELATED TO OR RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICE OR ANY CONTENT, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PROVIDER IS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
    2. The Service is offered by Provider from its facilities in British Columbia, Canada. Provider makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.
       
  9. Indemnity

    1. You agree to defend, indemnify and hold harmless Provider and its officers, directors, employees and agents from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of or access to the Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content submitted through the Service or otherwise to Provider caused damage to a third party. This defence and indemnification obligation will survive these Terms of Service and your use of the Service.
       
  10. Apple Specific Terms
    If you download, purchase or otherwise acquire any products or services of Provider, including without limitation the Service, through the “App Store” provided by Apple Inc. (“Apple”) or are otherwise using the Service through an iOS device, you agree to be bound by the additional terms and conditions set forth below:

    1. You acknowledge that these Terms of Service are concluded between you and Provider only, and not with Apple, and that Provider, not Apple, is solely responsible for the products or services of Provider, including without limitation the Service and the content thereof.
    2. Notwithstanding anything to the contrary in these Terms of Service, the license granted to you hereunder with respect to the Service is limited to a non-transferable license to use the Service on any iOS device that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service.
    3. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Service.
    4. Provider is solely responsible for any product warranties, if any, made under these Terms of Service. In the event of any failure of the Service to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Service, if any, to you. You acknowledge and agree that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Service, and that, subject to the terms of these Terms of Service, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Provider’s sole responsibility.
    5. You acknowledge that Provider, not Apple, is, subject to the terms of these Terms of Service, responsible for addressing any claims made by you or any third party relating to the Service or your possession and/or use of the Service, including, but not limited to: (i) product liability claims; (ii) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
    6. You acknowledge that, in the event of any third party claim that the Service or your possession and use of the Service infringes that third party’s intellectual property rights, Provider, not Apple, will, be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms of Service.
    7. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
    8. You acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms of Service, and that, upon your acceptance of the terms and conditions of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you as a third party beneficiary thereof.
       
  11. Ability to Accept Terms of Service
    You affirm that you are either older than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service.
     
  12. Assignment
    These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Provider without restriction.
     
  13. Data Usage and Charges
    The Service may use information and data transmission networks operated by third parties to send data, information and Content from a computer or mobile device to Provider’s servers, and to serve data, information and Content back to such computer or mobile device. Depending on your wired or wireless data or similar plan with such third party operators, you may incur charges from such third party operators for use of its information and data transmission networks. You are solely responsible for any and all costs, including without limitation wireless and cellular data costs, you may incur as a result of the usage of the Service and/or as a result of data, information and Content submitted or received by your computer or mobile device through the Service.
     

  14. General

    1. If there is any dispute between you and Provider about or involving these Terms of Service or the Service, you hereby agree that the dispute shall be governed by and construed in accordance with the laws of the Province of British Columbia, Canada, without regard to its conflict of law provisions. You hereby agree to submit to the exclusive jurisdiction of the courts in Vancouver, British Columbia with respect to any claim, proceeding or action relating to or otherwise arising out of these Terms of Service or your access to or use of the Service, howsoever arising, provided always that Provider may seek and obtain injunctive relief (or an equivalent type of urgent legal relief) in any jurisdiction.

    2. The Terms of Service, together with the Privacy Policy, constitute the whole legal agreement between you and Provider and govern your use of the Service (but excluding any services which Provider may provide to you under a separate written agreement), and completely replace any prior agreements between you and Provider in relation to the Service.

    3. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Provider’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. Provider reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Service following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms.
       

  15. Contact the Provider
    You may direct any questions, complaints or claims with respect to the Service to Provider at HELLO@NOURISHEDBABE.COM
     

  16. Account Access

    1. You must be granted access by the Provider in order to access and use this password required login section of the nourished babe App (the “Private Section”). Upon being granted such access, you will be provided a password and/or username for your user account (“Account”) which can be used to enter and view information contained in the Private Section. You agree and understand that you are responsible for maintaining the confidentiality of your password which, together with your user name, allows you to access the Private Section. Your right to access and use the Private Section is personal to you and is not transferable by you to any other person or entity. You agree not to disclose the password for your Account to any third party. You hereby specifically agree that you are responsible for all activities that occur under your Account by you or others who obtain access through your Account. You hereby agree that the Provider is not responsible for any damages or losses resulting from any breach of security caused by your failure to maintain the confidentiality of the password for your Account, or as a result of any other party obtaining access to your Account (whether as a result of your computer or mobile device being hacked, stolen or otherwise). If you become aware of any unauthorized use of your Account or profile information, you are responsible for notifying the Provider immediately. While Provider intends to employ measures to ensure that only those granted access by the Provider are able to access the Private Section, you hereby acknowledge and agree that the Internet is not a 100% secure medium and that the Provider shall not be liable to you in any manner if unauthorized parties obtain access to the Private Section as a result of hacking, tampering or otherwise.