3. DESCRIPTION OF SERVICES
We provide you with a number of online resources, including but not limited to search functionalities using key words or product categories, content, shopping merchant and product reviews, buyer’s guides and other communication tools (the “Services”) to allow you to find and compare listed products offered on the websites of a number of third parties (the “Merchants”).We have appointed a Data Protection Officer and you can contact him for any further queries you have in relation to the data processing we carry out directly by email ([email protected]).
How does Babycompare work?
We deal direct with the brands you trust
Babycompare works in partnership with thousands of websites and stores across the UK so that you can browse and compare their results all in one place. We work with a large number of companies so that you should always find a good range of prices, but we can’t guarantee that every product a website/store sells will be included on our site.
We keep a close eye on customer service
We care about your shopping experience, so if we hear that one of our Merchants is giving bad service we will raise this with them. If there are further complaints we may remove them from our results.
We like our results to be accurate and up to the minute
In the case of flights and hotels, we get real-time information so you know you can rely on the very latest prices and availability. For shops and online stores, we make sure their information is updated typically every few hours and at least once every 24 hours so that the price you see is what you get on their website. If they have changed a price only minutes earlier, you may find a different price but we’re always working to avoid this happening.
You choose how your results are sorted
You can control the order that results are presented in, whether by price or relevancy. Relevancy takes into account which results most closely match your search and the popularity of those results with other users, amongst other criteria.
Buying from Merchants
We are neither acting as agent for such Merchants nor selling, reselling nor licensing listed products. We will not be party to any transaction or contract with any Merchant that you may enter into for the purchase of listed products and we have no liability in respect of listed products. You agree that you will contact the Merchant or seller of the products directly in relation to questions, complaints or disputes you have in respect of any products and you will not involve us in any dispute between you and any third party.
We may also introduce you to certain partners and the services they offer, notably in the form of integrated services (e.g. classified advertisements). We may also display promotional links on the website; these are also known as sponsored links, advertising messages or promotional offers, which you may find yourself prompted to view while using the Website.
5. USER ACCOUNT AND PASSWORD
If you wish to access certain Services on the Website (such as User Reviews and Newsletters) you must set up an account on the Website. You will receive a password and account designation upon completing the Website registration process. You are responsible for maintaining the confidentiality of the password and account, and for all activities that occur under your password or account. We do not have the means to check the identities of people using the Website and will not be liable where your password or account is used by someone else.
6. USER CONDUCT
You agree to not access the Website and/or use the Services to: (a) harm minors in any way; (b) interfere with or disrupt the Website or Services or servers or networks connected to the Website or Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Website or Services; (c) intentionally or unintentionally violate any applicable law or regulation including; (d) extract, collect, process, combine or store personal data about other users; or (e) reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Website.
You agree not to upload, post, email or otherwise transmit: (a) any Content that is false inaccurate, unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of another’s privacy, hateful, or that otherwise degrades or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability; (b) any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ( “Rights”) of any party; (c) any unsolicited or unauthorised advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas that are designated for such purpose; or (d) any material that contains software viruses or any other computer code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
7. USE OF THE WEBSITE BY CHILDREN
The Website and Services are not intended to be accessed or used by anyone under the age of 18. By accessing the Website and/or using the Services, you represent and warrant that you are at least 18 years old. If you are not at least 18 years old, you may not access the Website or use the Services. We have the right to block or terminate your access to the Website or Services in the event that we become aware you are under the age of 18.
8. CONTENT POSTED BY YOU
9. RESPONSIBILITY FOR CONTENT
We provide product descriptions, pricing information, commentary, user reviews and other content (“Website Content”) in relation to products listed on the Website. Our inclusion of Website Content is for informational purposes only and does not imply any endorsement of any products, Merchants or other services offered by such Merchants. Whilst we use all reasonable endeavours to correct any errors or omissions as soon as practicable once they have been brought to our attention, we do not warrant that the Website Content will be free from errors or omissions and we accept no liability for any inaccuracies or mistakes in any Website Content.
10. CONTENT RELATING TO FINANCIAL SERVICES
In respect of any Website Content or Services in respect of financial services, investment or trading, such Website Content or Services are provided for informational purposes only, and no such Website Content or Services are intended for trading or investing purposes. We shall not be responsible or liable for the accuracy, usefulness or availability of any such information transmitted on the Website or via the Services, and shall not be responsible or liable for any trading or investment decisions made based on such information.
11. ACCESS TO WEBSITE AND SERVICES
Whilst we will try to ensure that the Website will be available uninterrupted and in a fully operating condition, we cannot guarantee this. Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons reasonably beyond our control.
We will make every effort to provide you with the latest and most accurate information and data possible, notably as regards price, regarding the goods and services on the Website. However, as this information and data is transmitted to us either by the Merchants listed on the Website under the terms of a listing agreement, or via professional databases, we are unable to guarantee that it is fully accurate and exhaustive.
In the event of any differences between the information and the data appearing on our Website and that appearing on the Merchant’s website, the latter shall prevail.
12. CHANGES TO THE WEBSITE AND SERVICESWe reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website or Services (or any part thereof) or to launch new services, with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website or Services. In the event of any changes to Services requiring the opening of a Babycompare account, we will notify users using all appropriate means. You may cancel your Babycompare account online by notifying us through the contact us page.
You agree that we, in our sole discretion, may terminate your password, account (or any part thereof), access to the Website or use of the Services, and remove and discard any Content within the Services, for any reason. We may also in its sole discretion and at any time discontinue providing the Services, or any part thereof, with or without notice.
We may provide, or third parties may provide, links to other World Wide Web sites or resources. Because we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource. You acknowledge that we will not be party to any transaction or contract with a third party that you may enter into and you agree that you will not involve us in any dispute between you and any third party.
15. COPYRIGHT/COPYRIGHT LICENCE
Your use of the Website and its contents grants no rights to you in relation to our intellectual property rights including, without limitation, trade marks, logos, graphics, photographs, animations, videos and text or the intellectual property of third parties in the Website and its contents. You may not copy, reproduce, republish, download, post, broadcast, record, transmit, commercially exploit, edit, communicate to the public or distribute in any way the services, web pages or materials on the Website or the computer codes of elements comprising the Website other than for your own personal use. Subject to the above, you may download insubstantial excerpts of this content to your hard disk for the purpose of viewing it provided that no more than one copy of any information is made.
You agree to compensate us and our subsidiaries, affiliates, officers, agents, co-branders and other partners, and employees, from any claim or damages (including any legal fees in relation to such claim or damages), made by any third party in respect of any matter in relation to or arising from your use of the Website including any breach or suspected breach of these Terms or your violation of any law or the rights of any third party.
17. OUR LEGAL OBLIGATIONS AND LIMITS ON LIABILITY
19. TRADEMARK INFORMATION“BABYCOMPARE” and other Babycompare logos and product and service names are trademarks of Zamo Media Ltd (the “Babycompare Marks”). Without our prior permission, you agree not to display or use in any manner, the Babycompare Marks.
20. COPYRIGHTS AND COPYRIGHT AGENTS
If you believe that any of your intellectual property rights have been infringed by any User Content or Website Content, please send notice of such alleged infringement to our Legal Department at [email protected]
21. GENERAL INFORMATION
Term Of Use Babycompare rewards
Babycompare rewards is a market research and product review panel owned and operated by Zamo Media Ltd.
As a member of the rewards program, you will have the opportunity to participate in writing product reviews, market research activities including online and mobile surveys, product tests, focus groups, and more.
1. Definition of terms
Panel: The Babycompare rewards program
Member: an individual member of the babycompare rewards
Panel Currency: the program/panel currency earned by participation in the Panel. Panel Currency has no monetary value and cannot be redeemed for cash; Panel Currency may not be auctioned, traded, bartered or sold and is not transferrable upon death, by gift, as part of a domestic relations matter, or otherwise, except by operation of law.
Eligibility: Who is allowed to be part of our panel?
Membership in our panel is open to residents of UK above the age of 16.
Employees of Zamo Media Ltd. are not permitted to claim rewards.
Registration: Your details, accuracy
You may only open one account per person on our panel. Your account is not transferrable.
You will be asked to provide a personal email address and a password in order to register with our panel.
Please do not disclose your password to anyone else, you are responsible for keeping it safe.
We will not be liable for any unauthorised use of your account, which includes unauthorised use of your email address, password and reward redemption.
To receive surveys relevant to you, please fill in your profile; our systems will select your account for our activities based on the information it contains.
Make sure you fill in your profile accurately as your membership can be cancelled if your details are found to be incorrect.
Please ensure that the information you provide both when setting up your account and completing your profile is accurate. If, in our reasonable view, the information you provided was inaccurate, your account may be terminated.
From time to time our clients may want to survey the opinion of minors, they may only participate with parental consent, via their parent’s account.
2. Benefits of Membership
Membership in the Panel is free of charge.
You may earn Panel Currency by participating in market research activities, which will be credited to your account. Once you have accumulated sufficient Panel Currency to reach a redemption threshold you can exchange your Panel Currency for your reward. More details concerning redemption can be found here:( https://www.babycompare.co.uk/help ).
Panel Currency has no monetary value and may not be bartered, sold or transferred.
Babycompare.co.uk relies on accurate data to serve its clients that reflect the true opinions of our members. As a member, you agree to provide truthful and well considered answers to our product review and market research activities.
Zamo Media Ltd. reserves the right to withhold awarding Panel Currency to a member if, in Zamo Media’s reasonable view, a member’s survey question responses are untruthful or not well considered.
You can terminate your account at any time, but in doing so you forfeit the Panel Currency in your account. If you wish to do so you can unsubscribe by contacting us here or from the unsubscribe link present in the footer in any email from us.
We reserve the right to terminate your account at any time, immediately without specifying a reason, or if:
- You have been inactive for 365 days or more
- You are in breach of these terms
Your account termination will result in your panel currency being deleted.
5. Intellectual Property – ownership of content, assignment of rights to content
When you become a member, you agree that title, ownership rights, and other intellectual property and proprietary rights in the panel shall remain in Zamo Media Ltd. and/or its licensors and suppliers.
Through your membership, you acknowledge that the content of the website, the application and the panel – including but not limited to text, sound, photographs, graphics, software or other material contained in Zamo Mediat Ltd e-mail communications, services or software – is copyrighted by Zamo Media Ltd. and/or its licensors and suppliers under United Kingdom and international copyright laws and author’s rights laws, is subject to other intellectual property and proprietary rights and laws, and is owned by Zamo Media Ltd. or its licensors and suppliers.
Save as otherwise provided by applicable copyright law and/or author’s rights laws, such content may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without the prior written permission of Zamo Media Ltd. and its applicable licensors or suppliers, with the sole exception that one copy of any necessary software that may be provided by Zamo Media Ltd. may be downloaded onto a single computer for Member’s personal, non-commercial use.
You must abide by all copyright notices, information, or restrictions contained in or attached to any such content.
Any and all panel responses, data and information provided by a member during your participation on the Panel including as part of a survey, product review or study, becomes the Intellectual Property of Zamo Media Ltd. and/or its client or partners. This includes:
- Survey responses
- Images or videos
- Response to open-ended survey questions
As a member of our panel, you will be exposed to some new products and innovative ideas from our clients and we ask that you do not share any of the information relating to the products or the research activity in which you participated, via any medium.
If Zamo Media Ltd. has reason to believe you have shared material containing our client’s intellectual property outside the context of the research activity, your membership may be terminated.
7. Limitation of liability
Neither Zamo Media Ltd. nor its officers, directors, stockholders, subsidiaries, employees, agents, licensors, affiliates, or other third-party providers shall be held liable for any damages or losses, whether direct, indirect, incidental, special, consequential or exemplary damages resulting from:
- The use or inability to use the panel;
- The cost of procurement of substitute goods or services;
- Any transaction entered into or through the panel;
- The reliance on or use of any information, goods, services or merchandise provided on the panel;
- Unauthorized access to or alteration of Member’s transmissions or data;
- Statements or conduct of any third party; Any claim attributable to errors, omissions or other inaccuracies in the panel and/or materials or information retrieved through the panel; or
- Any other matter relating to the panel or these terms.
If this limitation of liability provision shall be deemed unenforceable, either in whole or in part, then such parts as are unenforceable shall be deleted, the remaining parts shall remain in full force and effect and the liability of Zamo Media Ltd. shall be limited to the greatest extent permitted by applicable law.
Nothing in these terms shall exclude or limit the liability of Zamo Media Ltd. for:
- Death or personal injury arising from its negligence; or
- Liability arising from fraud.
8. Trademark Information
Babycompare.co.uk., the Babycompare logo, and Babycompare are trademarks of Zamo Media Ltd. Other trademarks, as well as any third-party trademarks, service marks, logos and trade names appearing on the website, the application or through the panel, are the property of their respective owners.
9. Disclaimer and Warranties
To the extent permitted by applicable law:
- Member agrees that use of the panel and this website and/or application is solely at the risk of the member.
- The panel and all services offered therein are provided on a strictly “as is” and “as available” basis, without representation or warranty of any kind.
- Neither Zamo Media Ltd. nor its third-party partners make any warranty, express or implied:
- With regard to any products, services, or gifts obtained by members through the panel.
- That the panel will meet member’s requirements.
- That the panel will be uninterrupted, timely, free of errors or without defects.
- As to the results a member may obtain by using the panel.
- As to the accuracy or reliability of any information obtained via the panel.
- Zamo Media Ltd. expressly disclaims any and all express, implied and statutory warranties regarding the panel, information, services or goods provided by or through the panel (other than those incapable of exclusion under the laws applicable to these terms), including, but not limited to:
- The implied warranty of merchantability;
- The implied warranties of fitness for a particular user or purpose; and
- Zamo Media Ltd. cannot and shall not be liable or responsible for those guarantees, warranties and representations, if any, offered by clients, partners, reward partners, manufacturers of merchandise or suppliers of services.
- No advice or information, whether oral or written, obtained by a member from Zamo Media Ltd. or via the panel shall create any warranty not expressly made herein.
10. Jurisdiction and Governing Law
These terms shall be governed by and construed according to the laws of England.
If any provision(s) of these terms are held by a court of competent jurisdiction to be invalid, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, and all other provisions shall remain in full force and effect. Zamo Media Ltd. and member agree that all lawsuits or proceedings arising out of these terms, or out of member’s use of the panel, shall be brought in the courts of England , and the parties hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose.
Member agrees to pay the reasonable costs incurred by Zamo Media Ltd. and its subsidiaries, predecessors, successors, affiliates, officers, directors, employees, agents, licensors, suppliers, co-branders, third-party providers, clients, partners, reward partners or other partners that such parties may incur as a result of, due to, or arising out of the negligent or wilful violation by member (or anyone acting under member’s account or password) of these terms or the use or misuse of the panel by member (or anyone acting under member’s account or password), or the violation of any rights of another by member (or anyone acting under member’s account or password).
12. Notice provision
Except as provided above with respect to modifications of these terms, Zamo Media Ltd. may deliver notices to Member by prepaid certified mail, return receipt requested at the address in Zamo Media Ltd. database, or via electronic mail at the email address in Zamo Media Ltd. database; any such notice shall be deemed effectively given upon delivery
Member may give notice to Zamo Media Ltd. by prepaid certified mail, return receipt requested at the following address: 142 Uxbridge Road, W7 3SL, London; Attn: Legal Department, and any such notice shall be effective upon receipt.