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    website disclaimer

    Website Terms and Conditions of Use

    1. Introduction

    1.1    These terms and conditions shall govern your use of our website.

    1.2    By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.

    1.3    If you register with our website, submit any material to our website or use any of our website services, we will ask you to expressly agree to these terms and conditions.

    1.4    You must be at least 18 years of age to use our website; by using our website or agreeing to these terms and conditions, you warrant and represent to us that you are at least 18 years of age.

    1. Copyright notice

    2.1    Copyright (c) 2021 Weaning World Limited

    2.2    Subject to the express provisions of these terms and conditions:

    (a)    we, together with our licensors, vendors and guest authors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and

    (b)    all the copyright and other intellectual property rights in our website and the material on our website are reserved.

    1. Permission to use website

    3.1    You may:

    (a)    view pages from our website in a web browser;

    (b)    download pages from our website for caching in a web browser;

    (c)    print pages from our website for your own personal and non-commercial use, providing that such printing is not systematic or excessive;

    (d)    stream audio and video files from our website; and

    (e)    use our website services by means of a web browser,

            subject to the other provisions of these terms and conditions.

    3.2    Except as expressly permitted by Section 3.1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.

    3.3    You may only use our website for your own personal and business purposes; you must not use our website for any other purposes.

    3.4    Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.

    3.5    Unless you own or control the relevant rights in the material, you must not:

    (a)    republish material from our website (including republication on another website);

    (b)    sell, rent or sub-license material from our website;

    (c)    show any material from our website in public;

    (d)    exploit material from our website for a commercial purpose; or

    (e)    redistribute material from our website.

    3.6    Notwithstanding Section 3.5, you may redistribute our newsletter in print and electronic form to any person.

    3.7    We reserve the right to suspend or restrict access to our website, to areas of our website and/or to functionality upon our website. We may, for example, suspend access to the website during server maintenance or when we update the website. You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on the website.

    1. Misuse of website

    4.1    You must not:

    (a)    use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability, accessibility, integrity or security of the website;

    (b)    use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

    (c)    hack or otherwise tamper with our website;

    (d)    probe, scan or test the vulnerability of our website without our permission;

    (e)    circumvent any authentication or security systems or processes on or relating to our website;

    (f)    use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;

    4.2    You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.

    1. Use on behalf of an organisation

    5.1    If you use our website or expressly agree to these terms and conditions in the course of a business or other organisational project, then by so doing you bind both:

    (a)    yourself; and

    (b)    the person, company or other legal entity that operates that business or organisational project,

            to these terms and conditions, and in these circumstances references to “you” in these terms and conditions are to both the individual user and the relevant person, company or legal entity, unless the context requires otherwise.

     

    1. Shop purchases

    6.1    This Section 6 applies to buyers and prospective buyers.

    6.2    To be eligible for purchasing on our website through our vendors, you must be at least 18 years of age and resident in the United Kingdom.

    6.3    You may purchase products from our website by completing and submitting your details within the shop section of our website.

     

    1. Seller registration and accounts

    7.1    This Section 7 applies to sellers and prospective sellers/vendors.

    7.2    To be eligible for a vendor page on our website under this Section 7, you must be operating a business and:

    (a)    if you are a sole trader, you must be at least 18 years of age and resident in the United Kingdom;

    (b)    if you are a partnership, you must be established under the laws of the United Kingdom; and

    (c)    if you are a limited company or other limited liability entity, you must be incorporated in the United Kingdom.

    7.3    You may register for a vendor account with our website by completing and submitting the seller registration form on our website – https://weaningworld.com/how-to-sell-your-weaning-products/

    7.5    You must keep your seller/vendor account information up to date.

    7.6   You must, within your vendor page, include links to your delivery and returns policy and your privacy policy.

     

    1. Vendor login details

    8.1    If you register for a vendor account with our website, you will be asked to choose a user ID and password.

    8.2    Your user ID must not be liable to mislead and must comply with the content rules set out in Section 22; you must not use your account or user ID for or in connection with the impersonation of any person.

    8.3    You must keep your password confidential.

    8.4    You must notify us in writing immediately if you become aware of any disclosure of your password.

    8.5    You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.

    1. Seller/vendor stores

    9.1    If you register with our website as a vendor/seller, you will be able to create your own store on the website.

    9.2    To create a store on our website, you should take the steps detailed within this section on our website – https://weaningworld.com/how-to-sell-your-weaning-products/

    9.3    Seller stores that are submitted will be processed within 48 hours following submission.

    9.4    Subject to the other provisions of these terms and conditions, we reserve the right to reject, unpublish and/or delete any seller store that breaches these terms and conditions or that does not meet any additional guidelines for seller stores published on our website.

    9.5    If we permit the publication of a seller/vendor store, it will remain published on our website for the period of one year, subject to these terms and conditions.

     

    1. Seller/vendor product listings

    10.1  If you register with our website as a seller/vendor and create a store on the website, you will be able to submit product listings to the website.

    10.2  To create a product listing on our website, you should take the following steps outlined on the website – https://weaningworld.com/how-to-sell-your-weaning-products/

    10.3  Listings that are submitted will be automatically processed following submission.

    10.4  Subject to the other provisions of these terms and conditions, we reserve the right to reject, unpublish and/or delete any listings that breach these terms and conditions or that do not meet any additional guidelines for listings published on our website; and if we reject, unpublish or delete a listing for any of these reasons, we will not refund any fees you may have paid to us in respect of the listing.

    10.5  If we permit the publication of a product listing, it will remain published on our website for the period of one year, subject to these terms and conditions.

    10.6  Product listings submitted to our website must be true, fair, complete and accurate in all respects.

    10.7  Product listings submitted to our website must constitute bona fide listings relating to the subject of weaning and feeding babies and toddlers.

    10.8  Listings must be allocated to the appropriate category or categories. If you cannot identify an appropriate category for a listing, please contact us.

    10.9  You must keep your listings up to date using our website interface; in particular, you must remove any listings in respect of products that have ceased to be available.

    10.10 You must ensure that all prices specified in or in relation to a product listing are in pounds Sterling only.

     

    1. Product rules

    11.1  The only products that may be the subject of a listing on our website are products falling within the following categories:

            – weaning and feeding products for babies and toddlers

            – weaning workshops

            – books and other publications suitable for parents of babies and toddlers

    11.2  You must not advertise, buy, sell or supply through our website any product that:

    (a)    breaches any law, regulations or code, or infringes any person’s intellectual property rights or other rights, or gives rise to a cause of action against any person, in each case in any jurisdiction and under any applicable law];

    (b)    consists of or contains material that would, if published on our website by you, contravene the provisions of Section 4 or Section 22; or

    (c)    is or relates to: drugs, narcotics, steroids or controlled substances; pornography; obscene, indecent or sexually explicit materials; knives, swords, firearms or other weapons; ammunition for any weapon; items that encourage or facilitate criminal acts or civil wrongs; or items that encourage or facilitate the infringement of any intellectual property right.

    1. Data

    12.1  You may, if you have a vendor account on our website, both during the term of a contract under these terms and conditions and for a period of 30 days after the termination of a contract under these terms and conditions, access the following categories of information provided or generated by you or other users in the course of using our marketplace services: customer data for the purposes of email marketing, communications and fulfillment of orders.

    12.2  We will have access to all information provided or generated by you and other users in the course of the use of our marketplace services.

    12.3  We may provide to third parties information provided or generated by you and other users in the course of the use of our marketplace services in the following circumstances only:

    (a)    where necessary for the proper functioning of our website;

    (b)    in the case of non-personal data; and

    (c)    in the case of personal data, in accordance with our privacy policy (which includes information about opting-out of such data sharing).

    12.4  You will have no contractual right under these terms and conditions or otherwise to access information provided or generated by you or by other users when using our marketplace services, except as specified in this Section 12].

     

    1. The buying and selling process

    13.1  You agree that a contract for the sale and purchase of a product or products will come into force between you and another website user, and accordingly that you commit to buying or selling the relevant product or products, in the following circumstances:

    (a)    a buyer must add the products he or she wishes to purchase to the shopping cart, and then proceed to the checkout;

     (b)   the buyer must select the preferred method of delivery and confirm the order and his or her consent to the vendor terms and conditions and the applicable terms and conditions of sale;

    (d)    the buyer will be transferred to the website of the vendor appointed payment service provider, and the payment service provider will handle the buyer’s payment to the seller; buyers must submit payment in full via credit or debit card or other chosen payment service;

    (e)    the vendor will then send to the buyer an automatically generated acknowledgement of payment or email confirmation within 24 hours of purchase;

    (f)    once the seller/vendor has checked whether it is able to meet the buyer’s order, the seller/vendor will send to the buyer an order confirmation, at which point the order will become a binding contract between the seller/vendor and the buyer, or the seller/vendor will confirm by email that it is unable to meet the buyer’s order.  The vendor takes all liability for the buying and selling process of its products and indemnifies Weaning World Limited of all responsibility during this process.

     

    1. Terms and conditions of sale

    14.1  Sellers must use the website vendor page to create legal notices applying to their relationships with customers.

    14.2  A seller/vendor must ensure that:

    (a)    the vendor’s legal notices are sufficient to meet the seller’s legal disclosure obligations and other legal obligations;

    (b)    to the extent required by applicable law, the seller registers with relevant tax authorities and pays all relevant taxes in relation to the seller’s product sales; and

    (c)    the seller complies with all other laws applicable to their product listings and sales, including where applicable the Consumer Rights Act 2015, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 and the Electronic Commerce (EC Directive) Regulations 2002.

    14.3  Notwithstanding any terms agreed between a buyer and a seller, the following provisions will be incorporated into the contract of sale and purchase between the buyer/vendor and the seller:

    (a)    the price for a product will be as stated in the relevant product listing;

    (b)    delivery charges, packaging charges, handling charges, administrative charges, insurance costs, other ancillary costs and charges, and VAT and other taxes will only be payable by the buyer if this is expressly and clearly stated in the product listing;

    (c)    deliveries of products must be made within 7 – 10 days following the date the contract of sale comes into force or such shorter period as the buyer and seller may agree;

    (d)    appropriate means of delivery of products must be used by the seller; and

    (e)    products must be of satisfactory quality, and must be fit for any purpose specified in, and conform in all material respects to, the product listing and any other description of the products supplied or made available by the seller to the buyer.

    14.4  If the seller is a trader and the buyer is a consumer, the provisions of Section 15 shall be incorporated into the contract of sale and purchase between a buyer and a seller.

    14.5  Both buyers and sellers undertake to comply with the agreed terms and conditions of sale and purchase.

     

    1. Distance contracts: cancellation right

    15.1  This Section 15 applies if and only if the seller/vendor is a trader (a person acting for purposes relating to that person’s trade, business, craft or profession, whether acting personally or through another person acting in the trader’s name or on the trader’s behalf) and the buyer is a consumer (an individual acting wholly or mainly outside his or her trade, business, craft or profession).

    15.2  The buyer may withdraw an offer to enter into a contract with a seller/vendor through our website or cancel a contract entered into with a seller/vendor through our website (without giving any reason for the withdrawal or cancellation) at any time within the period:

    (a)    beginning upon the submission of the buyer’s offer; and

    (b)    ending at the end of 14 days after the day on which the goods come into the buyer’s physical possession or the physical possession of a person identified by the buyer to take possession of them (or, if the contract is for delivery of multiple goods, lots or pieces of something, 14 days after the day on which the last of those goods, lots or pieces comes into the buyer’s physical possession or the physical possession of a period identified by the buyer to take possession of them).

    15.3  In order to withdraw an offer to contract or cancel a contract on the basis described in this Section 15, the buyer must inform the seller/vendor of the buyer’s decision to withdraw or cancel (as the case may be). The buyer may inform the seller/vendor by means of any clear statement setting out the decision. In the case of cancellation, the buyer may inform the seller using the cancellation form that the seller/vendor will make available to the buyer or by means of a contact form or email on the seller/vendor’s individual website. To meet the cancellation deadline, it is sufficient for the buyer to send the communication concerning the exercise of the right to cancel before the cancellation period has expired.

    15.4  If the buyer cancels a contract on the basis described in this Section 15, the buyer must send the products back to the seller (to the address specified by the seller on our website) or hand them over to the seller/vendor or a person authorised by the seller/vendor to receive them. The buyer must comply with this obligation without undue delay and in any event not later than 14 days after the day on which the buyer informs the seller/vendor of the decision to cancel the contract. The buyer must pay the direct cost of returning the products.

    15.5  If the buyer cancels an order in accordance with this Section 15, the buyer will receive from the seller/vendor a full refund of the amount you paid to the seller in respect of the order including the costs of delivery to the buyer, except:

    (a)    if the buyer chose a kind of delivery costing more than the least expensive kind of delivery that the seller offers, the seller reserves the right to retain the difference in cost between the kind of delivery the buyer chose and the least expensive kind of delivery that the seller offer; and

    (b)    as otherwise provided in this Section 17.

    15.6  If the value of the products returned by the buyer is diminished by any amount as a result of the handling of those products by the buyer beyond what is necessary to establish the nature, characteristics and functioning of the products, the seller/vendor may recover that amount from the buyer up to the contract price. The seller/vendor may recover that amount by deducting it from any refund due to the buyer or require the buyer to pay that amount direct. Handling which goes beyond the sort of handling that might reasonably be allowed in a shop will be “beyond what is necessary to establish the nature, characteristics and functioning of the products” for these purposes.

    15.7  The seller/vendor will refund money using the same method used to make the payment, unless the buyer has expressly agreed otherwise. In any case, the buyer will not incur any fees as a result of the refund.

    15.8  Unless the seller/vendor has offered to collect the products, the seller will process a refund due to the buyer as a result of a cancellation on the basis described in this Section 17 within the period of 14 days after the day on which the seller receive the returned products or (if earlier) after the day on which the buyer supplies to the seller evidence of having sent the products back. If the seller has not sent the products at the time of withdrawal or cancellation or has offered to collect the products, the seller will process a refund due to the buyer without undue delay and, in any case, within the period of 14 days after the day on which the seller is informed of the withdrawal or cancellation.

    15.9  The buyer will not have any right to cancel a contract as described in this Section 15 insofar as the contract relates to:

    (a)    the supply of any sealed audio recordings, sealed video recordings or sealed computer software which have been unsealed by the buyer;

    (b)    the supply of products the price of which is dependent upon fluctuations in financial markets which the seller cannot control and which may occur during the cancellation period;

    (c)    the supply of newspapers, periodicals or magazines, with the exception of subscription contracts for the supply of such publications;

    (d)    the supply of goods which are liable to deteriorate or expire rapidly;

    (e)    the supply of non-prefabricated goods that are made on the basis of an individual choice of or decision by the buyer, or goods that are clearly personalised;

    (f)    the supply of sealed goods and consumables which are not suitable for return due to health protection or hygiene reasons, where such goods have been unsealed by the buyer, unless deemed faulty;

    (g)    the supply of goods which are, according to their nature, inseparably mixed with other items after delivery; and

    (h)    the supply of goods which have been unpackaged and used by the buyer, unless the returning of said goods is due to a fault.

    1. Weaning World’s role

    16.1  You acknowledge that:

    (a)    we (Weaning World) do not confirm the identity of website users, check their credit worthiness or bona fides, or otherwise vet them;

    (b)    we (Weaning World) do not check, audit or monitor the information contained in listings;

    (c)    we (Weaning World) are not party to any contract for the sale or purchase of products advertised on the website;

    (d)    we (Weaning World) are not involved in any transaction between a buyer and a seller in any way, save that we facilitate a marketplace for buyers and sellers,

            and accordingly we will not be liable to any person in relation to the offer for sale or sale or purchase of any products advertised on our website; furthermore we are not responsible for the enforcement of any contractual obligations arising out of a contract for the sale or purchase of any products and we will have no obligation to mediate between the parties to any such contract.

    16.2  The provisions of this Section 16 are subject to Section 22.1.

     

    1. Our rights to use your content

    17.1  In these terms and conditions, “your content” means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our website for storage or publication on, processing by, or transmission via, our website.

    17.2  You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media related to Weaning World.

    17.3  You grant to us the right to sub-license the rights licensed under Section 17.2.

    17.4  You grant to us the right to bring an action for infringement of the rights licensed under Section 17.2.

    17.5  You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.

    17.6  You may edit your content to the extent permitted using the editing functionality made available on our website.

    17.7  Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.

     

    1. Rules about your content

    18.1  You warrant and represent that your content will comply with these terms and conditions.

    18.2  Your content must not be illegal or unlawful, must not infringe any person’s legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).

    18.3  Your content, and the use of your content by us in accordance with these terms and conditions, must not:

    (a)    be libellous or maliciously false;

    (b)    be obscene or indecent;

    (c)    infringe any copyright, moral right, database right, trade mark right, design right, right in passing off or other intellectual property right;

    (d)    infringe any right of confidence, right of privacy or right under data protection legislation;

    (e)    constitute negligent advice or contain any negligent statement;

    (f)    constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;

    (g)    be in contempt of any court or in breach of any court order;

    (h)    be in breach of racial or religious hatred or discrimination legislation;

    (i)     be blasphemous;

    (j)     be in breach of official secrets legislation;

    (k)    be in breach of any contractual obligation owed to any person;

    (l)     depict violence;

    (m)   be pornographic, lewd, suggestive or sexually explicit;

    (n)    be untrue, false, inaccurate or misleading;

    (o)    consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;

    (p)    constitute spam;

    (q)    be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or

    (r)    cause annoyance, inconvenience or needless anxiety to any person.

     

    18.4  Your content must be appropriate, civil and tasteful, and accord with generally accepted standards of etiquette and behaviour on the internet.

    18.5  You must not use our website to link to any website or web page consisting of or containing material that would, were it posted on our website, breach the provisions of these terms and conditions.

    18.6  You must not submit to our website any material that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

     

    1. Report abuse

    19.1  If you learn of any unlawful material or activity on our website, or any material or activity that breaches these terms and conditions, please let us know.

    19.2  You can let us know about any such material or activity by email or using our abuse reporting form.

     

    1. Suspension and restriction of vendor services

    20.1  If we decide to suspend and/or restrict your vendor account on our website:

    (a)    we will provide to you contemporaneous or prior written notice of the suspension and/or restriction;

    (b)    alongside that notice, we will provide to you a statement of the reasons for the suspension and/or restriction, unless we are under a legal or regulatory obligation not to do so; and

    (c)    if you would like to contest the suspension and/or restriction, you may do so by writing to us using the contact details set out in these terms and conditions.

    20.2  Subject to the other provisions of this Section 20, if we decide to suspend and/or restrict your account on our website, we may do so at any time with or without notice to you.

    20.3  Where we suspend or restrict access to our website or services, you must not take any action to circumvent such suspension or restriction (including without limitation creating and/or using a different account).

     

    1. Limited warranties

    21.1  We do not warrant or represent:

    (a)    the completeness or accuracy of the information published on our website;

    (b)    that the material on the website is up to date;

    (c)    that the website will operate without fault;

    (d)    that the website or any service on the website will remain available; or

    (e)    the views or opinions expressed within the forum.  These are the opinions of individual users and expressly not those of Weaning World.

     

    21.2  We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.

    21.3  To the maximum extent permitted by applicable law and subject to Section 22.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.

     

    1. Limitations and exclusions of liability

    22.1  Nothing in these terms and conditions will:

    (a)    limit or exclude any liability for death or personal injury resulting from negligence;

    (b)    limit or exclude any liability for fraud or fraudulent misrepresentation;

    (c)    limit any liabilities in any way that is not permitted under applicable law; or

    (d)    exclude any liabilities that may not be excluded under applicable law,

            and, if you are a consumer, your statutory rights will not be excluded or limited by these terms and conditions, except to the extent permitted by law.

    22.2  The limitations and exclusions of liability set out in this Section 22 and elsewhere in these terms and conditions:

    (a)    are subject to Section 22.1; and

    (b)    govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.

    22.3  To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.

    22.4  We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

    22.5  We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

    22.6  We will not be liable to you in respect of any loss or corruption of any data, database or software.

    22.7  We will not be liable to you in respect of any special, indirect or consequential loss or damage.

    22.8  You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

    22.9  Our aggregate liability to you in respect of any contract to provide services to you under these terms and conditions shall not exceed the greater of:

    (a)    [amount]; and

    (b)    [the total amount paid and payable to us under the contract].

     

    1. Indemnity

    23.1  You hereby indemnify us, and undertake to keep us indemnified, against:

    (a)    any and all losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute) incurred or suffered by us and arising directly or indirectly out of your use of our website or any breach by you of any provision of these terms and conditions;

    (b)    any VAT liability or other tax liability that we may incur in relation to any sale, supply or purchase made through our website, where that liability arises out of your failure to pay or to register to pay any VAT or other tax properly due in any jurisdiction.

     

    1. Termination of vendor contracts

    24.1  We may terminate a contract under these terms and conditions at any time in our sole discretion with or without notice to you, except as specified in this Section 24.

    24.2  You may terminate a contract under these terms and conditions at any time using your account control panel on our website.

    24.3  If you have a business seller account on our website, we may only terminate a contract under these terms and conditions in the following circumstances:

    (a)    you breach these terms and conditions;

    (b)    you breach any applicable laws, infringe the legal rights of any person or create legal liabilities for us or any other person, in each case in relation to your use of our website;

    (c)    you abuse our systems, our users or our personnel;

    (d)    you are or become insolvent, bankrupt or unable to pay your debts as they fall due;

    (e)    you do not respond within 60 days, substantively and reasonably, to communications that we send to you via our website soliciting a response;

    (f)    you do not log into our website during a period exceeding 60 days;

    (g)    we decide to cease publishing our website or providing our services; or

    (h)    we decide to make fundamental changes to our services.

     

    24.4  If [you have a vendor account on our website and we decide to terminate a contract under these terms and conditions:

    (a)    we will provide to you at least 30 days’ prior written notice of the termination, except in the circumstances set out in below;

    (b)    alongside that notice, we will provide to you a statement of the reasons for the termination, unless we are under a legal or regulatory obligation not to do so; and

    (c)    if you would like to contest the termination, you may do so by writing to us using the contact details set out in these terms and conditions,

            providing that the notice period set out above will not apply if we are subject to a legal or regulatory obligation which requires us to terminate the provision of the whole of our marketplace services to you in a manner which does not allow us to respect the specified notice period; nor will it apply if we exercise a right of termination under an imperative reason pursuant to applicable national law, nor will it apply if we can demonstrate that you have repeatedly infringed these terms and conditions. If the notice period set out above does not apply, we will nonetheless provide to you, without undue delay, a written statement of reasons for our decision to terminate.

     

    24.5  If:

    (a)    we terminate a contract under these terms and conditions;

    (b)    as a result of such termination, you lose access to any of our services with respect to which you have paid us in cleared funds; and

    (c)    you have not breached a contract under these terms and conditions and we do not have any other specific ground or grounds for terminating as set out in these terms and conditions,

            then we will refund to you a pro rata amount of your payment(s), such amount to be calculated by us using any reasonable methodology. You will not be entitled to any refund except as set out in this Section 24.5.

     

    1. Third party websites

    25.1  Our website includes hyperlinks to other websites owned and operated by third parties; such hyperlinks are not recommendations.

    25.2  We have no control over third party websites and their contents, and subject to Section 25.1 we accept no responsibility for them or for any loss or damage that may arise from your use of them.

     

    1. Trade marks

    26.1  Our logos and our other registered and unregistered trade marks are trade marks belonging to us and to those of our partners; we give no permission for the use of these trade marks, and such use may constitute an infringement of our rights.

    26.2  The third party registered and unregistered trade marks or service marks on our website are the property of their respective owners and, unless stated otherwise in these terms and conditions, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.

     

    1. Variation

    27.1  We may revise these terms and conditions from time to time.

    27.2  The revised terms and conditions shall apply to the use of our website from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions.

    27.3  If you have a vendor account on our website:

    (a)    we will notify you in writing of any proposed changes to these terms and conditions;

    (b)    the date upon which the proposed changes will take effect will be specified in our notice to you, but will not be before the expiry of a period of 15 days following the date that we give you the notice; and

    (c)    you will have the right to terminate a contract under these terms and conditions by giving to us written notice of termination before the expiry of the period specified above, in which case a contract under these terms and conditions will terminate,

            but, notwithstanding the foregoing, we may vary these terms and conditions by giving to you written notice of variation if we are subject to a legal or regulatory obligation which requires us to change these terms and conditions in a manner that does not allow us to respect the notice period referred to above, or if we have exceptionally to change these terms and conditions to address an unforeseen and imminent danger related to defending our websites or our users from fraud, malware, spam, data breaches or other cybersecurity risks.

     

    1. Assignment

    28.1  You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions, providing, if you are a consumer, that such action does not serve to reduce the guarantees benefiting you under these terms and conditions.

    28.2  You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.

     

    1. Severability

    29.1  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.

    29.2  If any unlawful and/or unenforceable provision of these terms and conditions 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.

     

    1. Third party rights

    30.1  A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.

    30.2  The exercise of the parties’ rights under a contract under these terms and conditions is not subject to the consent of any third party.

     

    1. Entire agreement

    31.1  These website terms and conditions, together with our privacy and cookies policy, shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.

     

    1. Law and jurisdiction

    32.1  These terms and conditions shall be governed by and construed in accordance with English law.

    32.2  Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England.

     

    1. Statutory and regulatory disclosures

    33.1  We will specify on the website or elsewhere in these terms and conditions the different technical steps you must follow to conclude a contract under these terms and conditions, and also the technical means for identifying and correcting input errors prior to the placing of your order.

    33.2  We will not file a copy of these terms and conditions specifically in relation to each user or customer and, if we update these terms and conditions, the version to which you originally agreed will no longer be available on our website. We recommend that you consider saving a copy of these terms and conditions for future reference.

    33.3  These terms and conditions are available in the English language only.

     

    1. Our details

    34.1  This website is owned and operated by Weaning World Limited.

    34.2  We are registered in England and Wales under registration number 13296326 and our registered office is at 2nd Floor, 30 Market Place, Hitchin, Herts.  SG5 2HZ. UK.

    34.3  Our principal place of business is at 2nd Floor, 30 Market Place, Hitchin, Herts.  SG5 2HZ. UK.

    34.4  You can contact us:

    (a)    by post, to the postal address given above;

    (b)    using our website contact form;

    (c)    by email, using the email address published on our website.

     

    Website disclaimer

    1. Introduction

    1.1    This disclaimer shall govern your use of our website.

    1.2    By using our website, you accept this disclaimer in full; accordingly, if you disagree with this disclaimer or any part of this disclaimer, you must not use our website.

    1. Credit

    2.1    This document was created using a template from Docular (https://docular.net).

    1. Copyright notice

    3.1    Copyright (c) 2021 Weaning World Limited

    3.2    Subject to the express provisions of this disclaimer:

    (a)    we, together with our licensors, retailers and experts, own and control all the copyright and other intellectual property rights in our website and the material on our website; and

    (b)    all the copyright and other intellectual property rights in our website and the material on our website are reserved.

    1. Permission to use website

    4.1    You may:

    (a)    view pages from our website in a web browser;

    (b)    download pages from our website for caching in a web browser; and

    (c)    print pages from our website for your own personal and non-commercial use, providing that such printing is not systematic or excessive,

            subject to the other provisions of this disclaimer.

    4.2    Except as expressly permitted by Section 4.1 or the other provisions of this disclaimer, you must not download any material from our website or save any such material to your computer.

    4.3    You may only use our website for your own personal and business purposes; you must not use our website for any other purposes.

    4.4    Unless you own or control the relevant rights in the material, you must not:

    (a)    republish material from our website (including republication on another website);

    (b)    sell, rent or sub-license material from our website;

    (c)    show any material from our website in public;

    (d)    exploit material from our website for a commercial purpose; or

    (e)    redistribute material from our website.

    4.5    We reserve the right to suspend or restrict access to our website, to areas of our website and/or to functionality upon our website. We may, for example, suspend access to the website during server maintenance or when we update the website. You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on the website.

    1. Misuse of website

    5.1    You must not:

    (a)    use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability, accessibility, integrity or security of the website;

    (b)    use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

    (c)    hack or otherwise tamper with our website;

    (d)    probe, scan or test the vulnerability of our website without our permission;

    (e)    circumvent any authentication or security systems or processes on or relating to our website;

    (f)    use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;

    (g)    impose an unreasonably large load on our website resources (including bandwidth, storage capacity and processing capacity);

    (h)    decrypt or decipher any communications sent by or to our website without our permission;

    (i)     conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;

    (j)     access or otherwise interact with our website using any robot, spider or other automated means, except for the purpose of search engine indexing;

    (k)    use our website except by means of our public interfaces;

    (l)     violate the directives set out in the robots.txt file for our website;

    (m)   use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing); or

    5.2    You must not use data collected from our website to contact individuals, companies or other persons or entities.

    5.3    You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.

    1. Limited warranties

    6.1    We do not warrant or represent:

    (a)    the completeness or accuracy of the information published on our website;

    (b)    that the material on the website is up to date;

    (c)    that the website will operate without fault; or

    (d)    that the website or any service on the website will remain available.

    6.2    We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in this disclaimer, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.

    6.3    To the maximum extent permitted by applicable law and subject to Section 7.1, we exclude all representations and warranties relating to the subject matter of this disclaimer, our website and the use of our website.

    1. Limitations and exclusions of liability

    7.1    Nothing in this disclaimer will:

    (a)    limit or exclude any liability for death or personal injury resulting from negligence;

    (b)    limit or exclude any liability for fraud or fraudulent misrepresentation;

    (c)    limit any liabilities in any way that is not permitted under applicable law; or

    (d)    exclude any liabilities that may not be excluded under applicable law.

    7.2    The limitations and exclusions of liability set out in this Section 7 and elsewhere in this disclaimer:

    (a)    are subject to Section 7.1; and

    (b)    govern all liabilities arising under this disclaimer or relating to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in this disclaimer.

    7.3    To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.

    7.4    We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

    7.5    We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

    7.6    We will not be liable to you in respect of any loss or corruption of any data, database or software.

    7.7    We will not be liable to you in respect of any special, indirect or consequential loss or damage.

    1. Variation

    8.1    We may revise this disclaimer from time to time.

    8.2    The revised disclaimer shall apply to the use of our website from the time of publication of the revised disclaimer on the website.

    1. Severability

    9.1    If a provision of this disclaimer is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

    9.2    If any unlawful and/or unenforceable provision of this disclaimer 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.

    1. Law and jurisdiction

    10.1  This disclaimer shall be governed by and construed in accordance with English law.

    10.2  Any disputes relating to this disclaimer shall be subject to the jurisdiction of the courts of England.

    1. Our details

    11.1  This website is owned and operated by Weaning World Limited.

    11.2  We are registered in England and Wales under registration number 13296326 and our registered office is at 2nd Floor, 30 Market Place, Hitchin, Herts, SG5 1DY.

    11.3  Our principal place of business is at 2nd Floor, 30 Market Place, Hitchin, Herts, SG5 1DY.

    11.4  You can contact us:

    (a)    using our website contact form;

    or

    (b)    by email, using the email address published on our website.

    [additional list items]

    Free website disclaimer: drafting notes

    This website disclaimer does three different jobs for a website operator: it disclaims certain liabilities that might arise out of the use of the website; it sets out the basis upon which a website may be used; and it prompts certain disclosures that are or may be required of website operators by English/EU law.

    The document is a shortened and simplified version of our standard website terms and conditions.

    If the website in respect of which the document will be used includes any ecommerce features, user-generated content features or other service-like features, you should consider one of our more detailed terms and conditions documents, rather than this disclaimer.

    Section 1: Introduction

    Section 1.2

    Optional element.

    The completed document should be easily accessible on the website, with a link from every page.

    Section 2: Credit

    Section: Free documents licensing warning

    Optional element. Although you need to retain the credit, you should remove the inline copyright warning from this document before use.

    Section 3: Copyright notice

    A copyright notice is an assertion of ownership.

    Copyright notices usually take the form specified in Article 3(1) of the Universal Copyright Convention (although the UCC itself is now of very limited significance):

    “Any Contracting State which, under its domestic law, requires as a condition of copyright, compliance with formalities such as deposit, registration, notice, notarial certificates, payment of fees or manufacture or publication in that Contracting State, shall regard these requirements as satisfied with respect to all works protected in accordance with this Convention and first published outside its territory and the author of which is not one of its nationals, if from the time of the first publication all the copies of the work published with the authority of the author or other copyright proprietor bear the symbol © accompanied by the name of the copyright proprietor and the year of first publication placed in such manner and location as to give reasonable notice of claim of copyright.”

    It will be rare for a website owner to be the sole proprietor of all the copyright in a website. For example, the software code used to run the website may belong to another person. For this reason, the notice here refers also to licensors.

    • Universal Copyright Convention – http://portal.unesco.org/en/ev.php-URL_ID=15381&URL_DO=DO_TOPIC&URL_SECTION=201.html
    • Berne Convention for the Protection of Literary and Artistic Works – https://wipolex.wipo.int/en/text/283698

    Section 3.1

    • What was the year of first publication of the relevant copyright material (or the range of years)?
    • Who is the principal owner of copyright in the website?

    Section 4: Permission to use website

    Every website is a compendium of copyright-protected works. These may include literary works, (website text, HTML, CSS and software code), graphic works (photographs and illustrations), databases, sound recordings and films.

    The most fundamental principle of copyright law is that a person may not copy a protected work without permission. Using a website involves copying some or all of the works comprised in the website. Accordingly, a user needs permission to use a website. A “licence” is just such a permission.

    In most if not all cases, by publishing a website a person will be granting an implied licence to website visitors to copy of the website. The problem with an implied licence is that the scope of the licence is inherently uncertain. Is the visitor permitted to download the entire website? Is the visitor permitted to reproduce elements of the website elsewhere?

    Because of this uncertainty, most publishers will include an express licence setting out exactly what visitors are permitted to do in relation to a website and, just as important, what they are not permitted to do.

    The scope of the licence will vary. In editing these provisions, consider carefully exactly what your users should be allowed to do with the website and material on the website.

    • Copyright, Designs and Patents Act 1988 – https://www.legislation.gov.uk/ukpga/1988/48

    Section 4.3

    Optional element.

    • For what purposes may the website be used?

    Section 5: Misuse of website

    Section 5.1

    • Should automated interactions with the website be prohibited?
    • Will the website incorporate a robots.txt file?
    • Should users be prohibited from using the website for direct marketing activity?

    Section 5.2

    Optional element. Should the use of data collected from the website to contact people and businesses be prohibited?

    Section 5.3

    Optional element.

    • What standard of veracity etc should user-submitted content meet?

    Section 6: Limited warranties

    Section 6.1

    Optional element.

    Section 6.2

    Optional element.

    Section 7: Limitations and exclusions of liability

    Limitations and exclusions of liability are regulated and controlled by law, and the courts may rule that particular limitations and exclusions of liability are unenforceable.

    The courts may be more likely to rule that provisions excluding liability, as opposed to those merely limiting liability, are unenforceable.

    If there is a risk that any particular limitation or exclusion of liability will be found to be unenforceable by the courts, that provision should be drafted as an independent term, and be numbered separately from the other provisions.

    It may improve the chances of a limitation or exclusion of liability being found to be enforceable if it was specifically drawn to the attention of the relevant person.

    In English law, exclusions and limitations of liability in legal notices are regulated by the Unfair Contract Terms Act 1977 (“UCTA”).

    Legal notices regulated by UCTA cannot exclude or restrict a party’s liability for death or personal injury resulting from negligence (Section 2(1), UCTA).

    Except insofar as the relevant term satisfies the requirements of reasonableness, such legal notices cannot exclude or restrict liability for negligence (Section 2(2), UCTA).

    These guidance notes provide a very incomplete and basic overview of a complex subject. Accordingly, you should take legal advice if you may wish to rely upon a limitation or exclusion of liability.

    • Unfair Contract Terms Act 1977 – https://www.legislation.gov.uk/ukpga/1977/50

    Section 7.1

    Do not delete this provision (except upon legal advice). Without this provision, the specific limitations and exclusions of liability in the document are more likely to be unenforceable.

    Section 7.3

    Optional element. Do you want to attempt to exclude all liability for free services and information?

    This sort of exclusion is quite common, but unlikely to be enforceable in court.

    Section 7.5

    Optional element.

    Section 7.6

    Optional element.

    Section 7.7

    Optional element.

    Section 8: Variation

    Changes to legal documents published on a website will not generally be retrospectively effective, and variations without notice to and/or consent from relevant users may be ineffective.

    Section 10: Law and jurisdiction

    The questions of which law governs a document and where disputes relating to the document may be litigated are two distinct questions.

    Section 10.1

    This document has been drafted to comply with English law, and the governing law provision should not be changed without obtaining expert advice from a lawyer qualified in the appropriate jurisdiction. In some circumstances the courts will apply provisions of their local law, such as local competition law or consumer protection law, irrespective of a choice of law clause.

    • Which law should govern the document?

    Section 10.2

    In some circumstances your jurisdiction clause may be overridden by the courts.

    • Should the jurisdiction granted be exclusive or non-exclusive? Choose “non-exclusive” jurisdiction if you may want to enforce the terms and conditions against users outside England and Wales. Otherwise, choose “exclusive jurisdiction”.
    • The courts of which country or jurisdiction should adjudicate disputes under the document?

    Section 11: Statutory and regulatory disclosures

    Do the Electronic Commerce (EC Directive) Regulations 2002 apply to the website or is the website operator registered for VAT?

    This section can be deleted where website operator is not registered for VAT and the Electronic Commerce (EC Directive) Regulations 2002 do not apply. Generally, those Regulations will apply unless a website is entirely non-commercial, ie where a website does not offer any goods or services and does not involve any remuneration (which includes remuneration for carrying AdSense or other advertising).

    • Electronic Commerce (EC Directive) Regulations 2002 (original version) – https://www.legislation.gov.uk/uksi/2002/2013/made

    Section 11.1

    Optional element. Is the website operator registered in a trade or similar register that is available to the public?

    The Electronic Commerce (EC Directive) Regulations 2002 provide that if you are “registered in a trade or similar register available to the public”, you must provide “details of the register in which the service provider is entered and his registration number, or equivalent means of identification in that register”.

    • What is the name of the trade register?
    • At what URL can the trade register be found?
    • What is the website operator’s registration number?
    • Regulation 6, Electronic Commerce (EC Directive) Regulations 2002 – http://www.legislation.gov.uk/uksi/2002/2013/regulation/6/made

    Section 11.2

    Optional element. Is the website operator subject to an authorisation scheme (eg under financial services legislation)?

    The Electronic Commerce (EC Directive) Regulations 2002 provide that “where the provision of the service is subject to an authorisation scheme” you must provide “the particulars of the relevant supervisory authority”.

    • What is the name of the authorisation scheme to which the website operator is subject?
    • What authority supervises the authorisation scheme?
    • Regulation 6, Electronic Commerce (EC Directive) Regulations 2002 – http://www.legislation.gov.uk/uksi/2002/2013/regulation/6/made

    Section 11.3

    Optional element. Is the service provider a member of a regulated profession (eg solicitors)?

    The Electronic Commerce (EC Directive) Regulations 2002 provide that if “the service provider exercises a regulated profession”, it must provide “(i) the details of any professional body or similar institution with which the service provider is registered; (ii) his professional title and the member State where that title has been granted; (iii) a reference to the professional rules applicable to the service provider in the member State of establishment and the means to access them”.

    • What is the website operator’s professional title?
    • Which professional body regulates the website operator?
    • What is the name of the document containing the rules governing the profession?
    • At what URL can the rules be found?
    • Regulation 6, Electronic Commerce (EC Directive) Regulations 2002 – http://www.legislation.gov.uk/uksi/2002/2013/regulation/6/made

    Section 11.4

    Optional element. Does the website operator subscribe to any codes of conduct?

    The Electronic Commerce (EC Directive) Regulations 2002 provide that “a service provider shall indicate which relevant codes of conduct he subscribes to and give information on how those codes can be consulted electronically”.

    • Identify the codes of conduct in question.
    • Where can the codes be viewed?
    • Regulation 9, Electronic Commerce (EC Directive) Regulations 2002 – http://www.legislation.gov.uk/uksi/2002/2013/regulation/9/made

    Section 11.5

    Optional element. Is the website operator registered for VAT?

    • What is the website operator’s VAT number?

    Section 12: Our details

    Optional element.

    The provisions here reflect a mixture of EU law and UK law requirements relating to contact information.

    All services covered by the Ecommerce Directive (which was implemented in the UK through the Electronic Commerce (EC Directive) Regulations 2002) must provide a name, a geographic address (not a P.O. Box number) and an email address.

    Under distinct UK legislation, UK companies must provide their corporate names, their registration numbers, their place of registration and their registered office address on their websites (although not necessarily in this document). Sole traders and partnerships that carry on a business in the UK under a “business name” (i.e. a name which is not the name of the trader/names of the partners or certain other specified classes of name) must also make certain additional disclosures: (a) in the case of a sole trader, the individual’s name; (b) in the case of a partnership, the name of each member of the partnership; and (c) in either case, in relation to each person named, an address in the UK at which service of any document relating in any way to the business will be effective. All operators covered by the Provision of Services Regulations 2009 must also provide a telephone number.

    • Electronic Commerce (EC Directive) Regulations 2002 (original version) – https://www.legislation.gov.uk/uksi/2002/2013/made
    • Provision of Services Regulations 2009 – https://www.legislation.gov.uk/uksi/2009/2999
    • Directive 2000/31/EC (Directive on electronic commerce) – https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=CELEX%3A32000L0031

    Section 12.1

    • What is the name of the company, partnership, individual or other legal person or entity that owns and operates the website?

    Section 12.2

    Optional element. Is the relevant person a company?

    • In what jurisdiction is the company registered?
    • What is the company’s registration number or equivalent?
    • Where is the company’s registered address?

    Section 12.3

    Optional element.

    • Where is the relevant person’s head office or principal place of business?

    Section 12.4

    Optional element.

    • By what means may the relevant person be contacted?
    • Where is the relevant person’s postal address published?
    • Either specify a telephone number or give details of where the relevant number may be found.
    • Either specify an email address or give details of where the relevant email address may be found.