1. MUMMYFIQUE IS A NEUTRAL PARTY
Mummyfique is an exclusive directory platform for mothers around the world. Mummyfique is not a retail product, and Mummyfique is not a service provider, agent or vendor representative. Mummyfique visitors, hereafter referred to as "Visitors", include prospective mothers and fathers, young parents and their children (collectively, “Mummyfique Visitors") and companies and other third parties offering products and services related to Mothers ("Vendors"). Mummyfique, its partners and subsidiaries and “Website” function solely as a neutral party where Visitors/Mummyfique Visitors and Vendors can and may connect for a particular type of service or product. Mummyfique is not involved, nor is Mummyfique a party to the actual transaction between users. Therefore, Mummyfique has no control over the quality, accuracy, safety, or legality of transactions on “Website”. Nor does Mummyfique have any control over accuracy of listings, vendor pages, or the ability of Mummyfique Vendors to provide the items or services they promote. Mummyfique is not responsible for the actions or failures of Visitors, Mummyfique Visitors or Vendors.
Furthermore, Mummyfique cannot guarantee nor does Mummyfique warrant that information provided by or about Vendors on “Website” is accurate.
Vendors: Any and all transactions between you and Visitors/Mummyfique Visitors are strictly between you and the Visitors/Mummyfique Visitors, whereby you as a Vendor agree that Mummyfique is not a party to that transaction. Therefore, you also agree that any dispute with a Visitor/Mummyfique Visitor is solely between you and the Visitor/Mummyfique Visitor, whereby Mummyfique will not be a party to that dispute. After we, Mummyfique and you terminate our relationship, you agree unconditionally that Mummyfique is entitled to retain all reviews associated with your account on “Website”. Furthermore, you also agree that Mummyfique shall have the right to retain and update basic directory information about your business or personal account, including, without limitation or restriction, business name(s), address(es) and telephone number(s).
2. FREE TRIAL
3. PROHIBITED ACTIVITIES
Vendors may only upload images or videos that represent their portfolio or works as part of their Projects. Vendors are not allowed to upload images or videos that contain promotional items.
4. INTELLECTUAL PROPERTY (IP)
Mummyfique contains and uses copyrighted material, inventions, know how, patented and non-patented business material, phrases and descriptions, reviews, names, logos and/or other computer/programming code/scripts (collectively, "Intellectual Property Content"), all of which you agree are the sole property of Mummyfique. By using “Website”, you also agree that Mummyfique has the right to claim ownership under all international and local copyright and trademark laws, what concerns the "look", "feel", "appearance" and "graphic function" of “Website”. You agree that this right includes, but is not limited to Mummyfique’s color combinations, user experience, sounds, layouts and designs. Furthermore, by using “Website”, you agree and acknowledge that you do not have any license or permission to use the Intellectual Property (IP) of Mummyfique. You promise not to reproduce, modify, display, sell, or distribute the Intellectual Property listed on “Website”, including but not limited to information contributed by you or any other Visitors/non-visitors/Mummyfique Visitors or Vendors. You may not, and you agree not to frame or link to/create backlinks to “Website” without the explicit prior written permission of Mummyfique. You shall not contest our right of title to or license at any time. You shall not use or ever register any domain name or trademark that is identical or similar to any that is owned by Mummyfique.
5. DISPUTES AMONG USERS
You are solely responsible for your interactions with Mummyfique users, and you agree that Mummyfique is not a party to any such disputes. Furthermore, you agree to fully release Mummyfique, its officers, directors, shareholders, partners, affiliates, agents and employees from any and all potential, current and future claims, demands and damages.
6. PERSONAL DATA
If you submit or provide any personal data through “Website”, your personal data will be collected, used, disclosed and/or processed by Mummyfique for the following purposes:
a. For registered members, your name and email address will be disclosed to the relevant Vendors when you click on any contact details the Vendors display in their profiles including website, email, social media (e.g. facebook, twitter, instagram), phone number, and other contacts.
b. To send you notices, information, promotions and updates including marketing and advertising materials in relation to our Site and services and those of third party organizations selected by Mummyfique.
c. For Mummyfique or its designated representatives or business partners to provide goods and services to you or parties designated by you and matters ancillary thereto.
d. To verify and process payment when you purchase goods and services from Vendors.
e. For verification and record of your personal particulars including comparing it with information from other sources and using the information to communicate with you.
f. To conduct statistical analysis of the users of “Website” including the number of users, the frequency of use, profile of users and using such analysis for our business plans, the enhancement of our products and services, targeted advertisements and conveying such information in broad terms (but not information in relation to specific individuals) to third parties who have or propose to have business dealings with us.
g. To comply with any request from any third party or any order of court or directive from authorities investigating any alleged offence or misconduct or for the purposes of taking legal action against any users.
If you have any questions relating to Mummyfique’s collection, use and disclosure of your personal data, please contact [email protected].
7. INFORMATION AND OTHER CONTRIBUTIONS YOU SUBMIT TO MUMMYFIQUE
8. RATING AND REVIEW DISPUTES
If you undermine the integrity of the Mummyfique Rating and Review system in any way, your account will immediately be suspended or terminated.
9. MANIPULATING RATINGS AND REVIEWS
You acknowledge and agree that you have not, do not intend to, or will you ever offer anyone cash or other compensation for a more favorable review. You furthermore agree to never misrepresent or impersonate another Vendor or Mummyfique Visitor. As a Vendor you agree to never post any fake feedback reviews of your own service, or attempt to gain multiple feedbacks from the same Mummyfique Visitor pretending to be a different Mummyfique Visitor. You understand and agree that reviews posted on “Website” are property of Mummyfique and are therefore protected by the IP rights as listed above. You agree that you will never copy and paste, partially or whole, any reviews from Visitors/Mummyfique Visitors anywhere on “Website”, onto your own personal, business website or any other website or platform.
10. NO AGENCY
You hereby agree and acknowledge that you do not have any contractor (independent or other), agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship, or other with Mummyfique. You furthermore agree that no affiliation, association or connection exists between you and Mummyfique. You shall never have any authority to bind, commit, contract for, or otherwise obligate Mummyfique in any manner whatsoever.
11. RIGHT TO REJECT OR REMOVE MEMBERS
Mummyfique reserves the absolute right to reject your participation, or remove you from your current participation, in “Website” at any time and for any reason without notice to you.
Mummyfique may disclose to you or you may learn of our documents, technical (such as but not limited to object code, source code, software), financial and operating information of Mummyfique, graphical, business information or practices, management styles, day-to-day business operations, capabilities, systems, marketing information, technologies, processes, procedures, methods and applications, or otherwise, whether tangible or intangible, concerning or regarding Mummyfique, including but not limited to all forward looking plans and strategies whether they be current or future, business plans, business concepts, website designs and layouts, all information, data, intellectual property and other opinions, forecasts (collectively “Mummyfique’s Information”). You hereby agree and acknowledge that any and all of Mummyfique’s Information is confidential and shall be the sole and exclusive intellectual property and proprietary information of Mummyfique, whether the information is in oral, visual or written from or is recorded in any other medium. Disclosure of any or all Mummyfique’s Information to anyone, especially a direct competitor is strictly prohibited. You acknowledge and agree that Mummyfique shall be entitled to monetary damages and that Mummyfique shall be entitled to injunctive relief if you fail to adhere to these agreements.
13. RECORD KEEPING/AUDIT
Mummyfique reserves the right to keep all records of any and all communications between you and other users.
14. LIMITED LIABILITY
IN NO EVENT SHALL MUMMYFIQUE, ITS AFFILIATES, ITS PARTNERS OR SUBSIDIARES, OUR EMPLOYEES, DIRECTORS, SHAREHOLDERS OR INVESTORS BE LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES, LOSSES, OR DAMAGES OF ANY KIND WHATSOEVER ARISING OUT OF OR RELATING TO THE USE OF “Website” OR FOR ANY DECISION AND ACTION MADE BY YOU IN RELIANCE ON INFORMATION CONTAINED ON “Website”. ANY POSSIBLE LIABILITY, BY MUMMYFIQUE, ITS PARTNERS OR SUBSIDIARES, OUR EMPLOYEES, DIRECTORS, SHAREHOLDERS OR INVESTORS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO ONE QUARTER (1/4th) OF THE AMOUNT OF FEES YOU PAY TO MUMMYFIQUE IN THE 12 MONTHS PRIOR.
MUMMYFIQUE, ITS AFFILIATES, ITS PARTNERS OR SUBSIDIARES, OUR EMPLOYEES, DIRECTORS, SHAREHOLDERS OR INVESTORS PROVIDE “Website” AND THE SERVICES THEREON "AS IS" WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY.
15. DO NOT HOLD LIABLE
You agree not to hold Mummyfique, its affiliates, its partners or subsidiaries, our employees, shareholders or investors liable from any claim or demand, made by anyone or any entity, due to your use of “Website”. In no event shall Mummyfique or any of its affiliates, partners, subsidiaries, employees, shareholders or investors be liable for any loss, injury, damage, claims, costs or expense of any kind arising from any error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus or other harmful elements, communication line failure, breach of contract, tort, negligence, defamation, copyright infringement, breach of intellectual property right or any other cause of action.
You agree to defend and hold Mummyfique, its affiliates and related corporations from and against all claims, losses, damages, costs and expenses, including legal fees on an indemnity basis, arising out of your use of “Website” or any breach of these terms. You agree that this includes but is not limited to (i) your advertising, providing or failure to provide or pay for goods or services promoted on “Website”; and (ii) any potential claims that any part or all of your Submitted Contributions includes copyrighted or non-copyrighted materials owned by third parties without authorization, or that what you posted was defamatory or harassing, or that it otherwise violated the rights of any person or any entity.
In addition, Mummyfique may use whatever information that is available about you to stop any such breach or any unlawful or inappropriate use of “Website”, including informing any third party Mummyfique deems appropriate of such breach or use and/or disclosing your personal information to such third party.
17. LINKS TO OTHER MUMMYFIQUES
This Site may contain links to other sites which are provided solely as a convenience to you, or which are provided by other users. Mummyfique is not responsible for the availability of external sites or resources linked to “Website”, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. Transactions that occur between you and such third-party sites are strictly between you and the third party and are not the responsibility of Mummyfique. Because Mummyfique is not responsible for the availability or accuracy of these outside resources or their contents, you should review the terms and conditions and privacy policies of these linked sites, as their policies may differ from ours.
18. GOVERNING LAW
You hereby agree and acknowledge: (a) that all electronic communications made pursuant to the use of this Site shall be given legal effect, validity and enforceability and shall have, between the parties thereto, comparable evidential value to that accorded to a signed written document; (b) not to contest the legally binding nature, validity or enforceability of any transaction on “Website” on the ground that it was entered into electronically.