Terms & Conditions
Most recent Update: 01 January 2022
1. BINDING AGREEMENT
1.1. This terms and conditions agreement (the “Agreement”) constitutes a binding agreement between you, as the User, and Sense-IT Limited (“us”, “we”) regarding your access and use of the Parent Sense mobile application and our website(s), the website currently located at www.parentsense.app, as well as any other media form, media channel, mobile website, mobile application or other website related, linked, or otherwise connected thereto (collectively, the “Site”).
1.2. You agree that by accessing the Site, you have read, understood and you agree to the terms of this Agreement. You accept and agree that, should you object to any term in this Agreement, you have the option not to proceed with accessing the Site.
1.3. When you access the Site, you warrant that you have legal capacity and are not a minor in your own jurisdiction and / or the jurisdiction governing this Agreement, alternatively that you have your parents’ or legal guardians’ authorisation, consent and permission to access the Site and to be bound by this Agreement.
1.4. This Agreement is effective immediately upon your accessing the Site.
1.5. We reserve the right to add to, amend, vary, update and / or replace (“Update”) this Agreement at any time, and we will alert you thereto by reflecting the date of the most recent Update. You hereby waive any right to receive any further notification of any Update, and you accept that it is your duty and responsibility to periodically review this Agreement. You will be subject to, and will be deemed to have been made aware of and accepted any Update by your continued access to the Site after the date any Update has been made.
2. SERVICES PROVIDED
2.1 The content provided on and through the Site was created and / or curated by Meg Faure, who has an Occupational Therapy qualification from the University of Cape Town, and has continued to study in the areas of Sensory Integration, Neuro-development therapy, DIR Floortime, and Infant Mental Health.
2.2 We do not represent Meg Faure or any person affiliated with us to be registered, qualified, engaged or practising in any particular field or occupation, in any jurisdiction.
2.3 We believe that the content provided by us was responsibly drafted, however, the use of the Site is intended for guidance purposes only and does not constitute professional advice any kind, be it legal, professional, medical, personal or otherwise, and we recommend that you seek your own advice from a professional in your area.
3. LIMITATION OF LIABILITY AND INDEMNITY
3.1. Limitation of liability:
You access and use the Site at your own risk, and we will not be liable for any loss whatsoever arising in connection with your use of the Site, an inability to access the Site, or your reliance of the data obtained from or transmitted using the Site, to the fullest extent permissible by law, even if we were negligent or aware of the problem in advance.
3.2. Vaccination information:
We currently only provide vaccination information for a limited number of jurisdictions. It is your responsibility to ensure that you obtain the correct vaccination information for your child and in terms of your jurisdiction.
3.3. Indemnity in case of your breach:
You agree to indemnify and hold us harmless from any claim or demand, including attorneys’ fees on a party and own client scale, made by any third party due to or arising out of your breach of this Agreement or your violation of any law or the rights of a third party.
3.4. No warranty on third party content:
We do not make any warranties, representations or undertakings, express or implied, about the content of the Site or about the content of any other website which may be referred to or accessed by hypertext link from this site, and we do not endorse or approve the content of such third party websites. In particular, and as far as permitted in law, we disclaim all warranties implied by law and we do not make any representations as to the accuracy, suitability, non-infringement, availability, timeliness, security, completeness or reliability of information contained on the Site and we shall not be bound in any manner whatsoever by the information contained on the Site, notwithstanding any errors and omissions.
3.5. No representation on safety of use:
We do not represent that this site is free of viruses or bugs or anything similar, which may have a harmful effect on any technology or that the Site is compatible with all computer systems and browsers. Any material and/or information downloaded or otherwise obtained through the access of the Site is thus done at your sole discretion and risk and you are solely responsible for any damage to your computer / mobile system or loss of data that results from the download of any such material.
3.6. No liability on third party events, services or products:
We do not endorse any events, products or services posted, promoted and/or listed by any User on our site, and our display of any events, services or products should not be construed as any form of endorsement thereof. All arrangements regarding such events, products and services are to be made directly with the relevant User and are made at your own risk and we accept no liability regarding any event, service or product advertised, supplied or otherwise promoted on the Site by any third party or any arrangements made in respect thereof, or otherwise incurred in connection with any such events, products or services.
4.1. Access to the Site is reserved for natural persons with legal capacity, and over the age of majority in the jurisdiction in which the Site is accessed and in the jurisdiction which law governs this Agreement.
4.2. Certain access and content on or through the Site are provided free of charge, while other parts of the Site may be restricted to those Users registered with us (“Members”), while other access, content or services may be limited to those Users who have subscribed to our Site (“Subscribers”).
4.3. Subject to the terms of the type of access provided, we grant Users a non-exclusive, non-transferable, revocable, limited license to view, copy, print, and distribute content retrieved from the Site only for your personal, non-commercial use, provided that you do not remove or obscure any copyright notice, trademark notice, or other proprietary rights notices displayed on or in conjunction with the content. You may not use any content available via the Site in any other manner or for any other purpose without our prior written permission. All rights not expressly granted in this Agreement are expressly reserved.
4.4. You agree to keep your registration and / or subscription details, and in particular your password, confidential. You have the sole responsibility for all the use and access of the Site through your account, subscription, and / or electronic device.
4.5. We reserve the right at all times, and without any obligation to provide a reason, to refuse access to the Site to any person, discontinue access to the Site at any time, in general or to any specific persons, and to amend, vary or substantially replace the Site, and / or to terminate the Site or any part of it without prior notice. Any amendment, variation or replacement of the Site will also be subject to this Agreement.
In order to access the part of our Site which is restricted for access by Subscribers, you will have to subscribe by registering and providing an accepted payment method. Unless you cancel your subscription before your next billing date, you authorise us to charge the subscription fee for the next billing cycle.
5.2. Period of subscription:
Your subscription will continue until terminated.
5.3. Subscription fees:
5.3.1. Different subscription options are available. The subscription fee and billing cycle options are displayed on our Site and may be changed at any time without notice; and the subscription fee displayed may vary between different parts of our Site. Any changes to exiting Subscribers’ fees will be communicated to you at least 1 month prior to your next billing cycle.
5.3.2. Switching subscription option or mobile device:You may switch between the available subscription options at any time, and the mobile application of our Site may be accessed from a different device where the Subscriber changes mobile devices. Subscribers are prohibited from accessing the Site other than as intended in terms of this Agreement, and any abuse or attempted circumvention on the restrictions of access may result in the immediate termination of your subscription, without any refund.
5.4. Free trial:
Your subscription may start with a free trial, subject to our sole discretion. The duration of the free trial period will be specified during registration and is intended to allow new Subscribers to try the Site. Unless you cancel your subscription prior to the end of the free trial period, we will charge the monthly subscription fee as may apply from time to time for the next billing cycle at the end of your free trial period, save where you have elected a different subscription option.
5.5. Termination of subscription:
You may cancel your Subscription at any time. If you cancel your subscription at least 5 Business Days prior to your next billing cycle, you will not be charged at the next billing cycle and you will continue to have access to the Site until the end of your current billing period. If you cancel your subscription within 5 Business Days prior to your next billing cycle, you will be charged at your next billing cycle and you will continue to have access to the Site until the end of your next billing period.
You may request a request a refund within 14 days of initial subscription. Thereafter, payments are non-refundable and we do not provide refunds or credits to any partial billing periods.
5.7. Billing cycle / period:
The length of your billing cycle or billing period will depend on the type of subscription you have elected, and the date on which your subscription commenced. In general, you can expect the payment date for your billing cycle to be 5 – 10 business days prior to the start of the next billing period.
5.8. Access to caregivers:
Subscribers may provide access to the Site to any two other persons (‘caregivers’) at a time, who may access the Site in terms of the subscription of the Subscriber. Any person accessing the Site through the subscription of a Subscriber is a User and is bound by this Agreement.
5.9. Registration of further pregnancies:
Subscribers may enter the details of one pregnancy for which tailored content will be provided through the mobile application. Should a Subscriber wish to renew the service for another pregnancy, the Subscriber would have to add another subscription to his / her account in terms of the normal subscription options available at that time.
Access to records:
Subscribers who have been subscribed to the Site for an uninterrupted period of 12 months will be eligible to download the information relating to their pregnancy / their child recorded on the Site. We are however under no obligation to retain such information in the case of any interruption in a User’s subscription, and we are under no obligation to provide the information to any other Subscriber or under any other circumstances.
5.10. Unlimited subscription:
The unlimited subscription option provides for a once-off payment for access to the Site for an unlimited period, for one pregnancy only. As stated herein, we reserve the right to vary, replace or terminate the Site at any time and will not be liable for any loss arising as a result thereof. We will not provide a refund to any Subscribers under the unlimited subscription where the Site or access to the Site is varied, replaced or terminated.
6. NOTIFICATION AND PERMISSIONS GRANTED
6.1. You accept that the Site will need certain permissions (including, but not limited to notifications on your mobile device) from you in order to function as designed by us, and that if you do not provide these permissions, it is likely that the Site will not function as designed, and / or that your use of and access to the Site may be limited, restricted, or denied.
6.2. You accept that from time to time we may need to amend, adjust, or extend the permissions needed for the Site to function as designed. We accept no liability for any loss to you or a third party if you can no longer access or use the Site in the same manner as before if you do not grant the necessary adjusted permissions.
7. PROTECTION OF OUR COPYRIGHT, INTELLECTUAL PROPERTY AND TRADEMARKS
7.1. The Site is our property. All right to, title to, and interest in the content available via the Site, the Site’s look and feel, the designs, trademarks, service marks, and trade names displayed on the Site, and any URLs, are our property, and are protected by copyrights, trademarks, patents, or other proprietary rights and laws.
7.2. You acknowledge that we also own any intellectual property rights in the compilations, collective works and derivative works created by us which may incorporate the content of Users.
7.3. No part of this Site (including its source HTML code) may be used, transferred, copied or reproduced in whole or in part in any manner other than for the purposes of utilising this Site, meaning that you may only display it on your computer screen and print it out on your printer for the sole purpose of viewing its content. Framing of the content on the Site without our prior written consent is expressly prohibited.
7.4. If you submit any content to our website, you grant us an irrevocable, perpetual, worldwide and royalty-free license to use, compile, display, publish, publicly perform, reproduce, distribute, broadcast, lease, adapt, modify and promote such content in any manner of form, which license will survive termination of any contractual arrangement between us.
You hereby warrant that:
8.1. all registration and / or subscription information you submit is true, accurate, current and complete;
8.2. you will maintain the accuracy of such information and promptly update such registration or subscription information as necessary;
8.3. you will use the Site only for legal and authorised purpose;
8.4. your use of the Site will not violate an applicable law or regulation;
8.5. 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
8.6. you are not listed on any U.S. government list of prohibited or restricted parties.
9. PROHIBITIONS ON USE
Unless you have our prior written specific permission, you may not –
9.1. use the Site for any purpose other than that for which we make the Site available;
9.2. sell or transfer your account or subscription;
9.3. use the Site in a manner that would bring us into disrepute;
9.4. access the Site through automated or non-human means;
9.5. systematically retrieve data or other content from the Site to create, compile, directly or indirectly a collection, compilation, database or directory, without our prior written permission;
9.6. make any unauthorised use of the Site, including collection of usernames and / or email addresses of Users by electronic or other means for the purpose of sending unsolicited correspondence, or creating user accounts by automated means or under false pretences;
9.7. use the Site to advertise or offer to sell goods or services;
9.8. do or try to do anything to circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any content or enforce limitations on the use or access of the Site and or content provided therein;
9.9. do anything to trick, defraud, or mislead us or other Users, or to impersonate, harass, abuse, harm, intimidate or threaten another person;
9.10. use the Site as part of any effort to compete with us or otherwise use the Site for any revenue-generating enterprise;
9.11. attempt to use or access our property by attempting to decipher, decompile, disassemble, reverse engineer, copy or adapt any of the software comprising or un any way making up a part of the Site;
9.12. upload or transmit (or attempt to upload or transmit) any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices.
10.1. We may provide space for discussion between Users on our Site, (including but not limited to our ‘forums’ and our social media pages).
10.2. You are responsible for anything which you submit or post on our Site, and you will be solely liable for any loss or claims arising therefrom. All content posted on or through our Site must comply with our Contributor Guidelines.
10.3. We do not control or screen the content of what is posted to, from or via the Site by our members or third parties, and accordingly we do not guarantee its accuracy, integrity or quality or that it will not be objectionable to you. You should not place any reliance on, nor will we be responsible or liable for anything which has been transmitted or received from any thirty party.
10.4. You are not permitted to transmit to, from or via or post on the Site anything that you do not have a clear right to use. You must ensure that you do not transmit or post, intentionally or inadvertently, on the Site any material containing software viruses or files designed to damage or disrupt the good working order of any computer or telecommunications equipment.
10.5. We reserve the right, in our sole and absolute discretion, and without notice, to remove any material, including any username, you have submitted to the Site and/or to suspend and/or terminate your membership, registration, subscription, access and/or use of any or all of the services and/or the Site at any time without notice.
10.6. We may record, preserve and disclose anything which has been transmitted to, from or via or posted on the Site, where required by law or where we are acting in good faith.
11. GOVERNING LAW
11.1. This Agreement shall be governed and construed in accordance with the laws of the Bailiwick of Jersey and you hereby irrevocably submit to the non-exclusive jurisdiction of the Jersey courts in connection with this Agreement.
11.2. You hereby irrevocably and unconditionally waive any (i) objection which you may have now or at any time to the commencement of any proceedings in any such court as is referred to in this paragraph; and (ii) claim that any such proceedings have been commenced in an inconvenient forum.
11.3. You hereby unconditionally agree that a judgment in any proceedings brought in any such court as is referred to in this paragraph shall be conclusive and binding upon you and may be enforced in the court of any other jurisdiction.
11.5. The Site is not intended for use or access by any person in any jurisdiction where such use or access would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.
12. COMPLAINTS PROCEDURE
All complaints, questions and feedback can be directed to [email protected].
In this Agreement –
13.1. clause headings are for convenience only and are not to be used in its interpretation;
an expression which denotes any gender includes the other genders, a natural person includes a juristic person and vice versa; and the singular includes the plural and vice versa;
13.2. Hyperlinks, which are not operational, will not in any way detract from the validity and interpretation of the Agreement.
13.3. In this Agreement, unless the context indicates a contrary intention, the following words and expressions bear the meanings assigned to them –
13.4. “Access” includes the use of a service on the Site, and vice versa;
13.5. “Business day” means a day (other than a Saturday or a Sunday or a public holiday) on which banks are open for normal business in Jersey;
13.6. “Content” means any information, data, text, software, sound, photographs, graphics, video, messages, comments, ideas, feedback, suggestions and the tags contained on the Site;
13.7. “Loss” includes any claims, or loss of profit, revenues, goodwill, opportunity, business, anticipated saving and/or other direct or indirect or consequential loss of any kind in statute, contract, delict (including negligence and gross negligence) or otherwise;
13.8. “Subscription Fee” means the cost of subscribing to the subscription portion of our Site, as may be applicable from time to time;
13.9. “Us” / “We” refers to and includes Sense-IT Limited (registration number 129850) registered in Jersey (with registered address at Osprey House, Old Street, St Helier, Jersey, JE2 3RG) our parent, subsidiaries, officers and employees, owners, affiliates, directors, agents, suppliers, internet service providers and our business;
13.10. “User” means any user of the Site, including any advertiser, subscriber, blogger, member, contributor or other person accessing the Site;
13.11. “You” means a User.