Our Website Terms of Use

1. General

These website terms of use (“Website Terms”) together with the documents referred to in them set out the terms and conditions upon which you may make use of our website www.mamasandpapas.com (the “Website”) whether as a casual browser or a registered user.  Please read these Website Terms carefully before you start to use the site.  We would recommend that you print and keep a copy of them for future reference.

By using the Website you indicate that you have read and understood these Website Terms and that you agree to abide by them in their entirety.  If you do not agree to these Website Terms in their entirety, you must not use the Website.

1. About Us

www.mamasandpapas.comis a site operated by Mamas & Papas Limited (“Mamas & Papas”, “we” or “us”).  We are registered in England and Wales under company number 4992387 and our registered office is at Colne Bridge Road, Huddersfield, HD5 0RH.  Our VAT number is GB829660008.

1. Privacy Policy

We process information about you in accordance with our Privacy Policy a copy of which can be viewed here.  By using the Website you consent to such processing and you warrant that all data provided by you is accurate.  Note that when you confirm your agreement to these Website Terms you shall be deemed to have read, understood and agree to our Privacy Policy.

1. Accessing the Website
2. Access to the Website is permitted on a temporary basis and we reserve the right to withdraw or amend the service we provide on the Website without notice at our absolute discretion.  We will not be liable if for any reason the Website is unavailable at any time or for any period.
3. Certain services are only available if you complete the registration process and accordingly we may restrict access to some parts of the Website, or our entire site, to those users that have registered with us.
4. In return for using the Website and benefitting from our services you agree that the information you provide about yourself during the registration process is true, accurate, current and complete and you agree to keep this information up to date.
5. If you choose or you are provided with a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential and must not disclose it to any third party. We have the right to disable any username or password at any time if, in our opinion, you have failed to comply with any of the provisions of these Website Terms.
6. You are fully responsible for all activities which occur under your username and password.  You are also fully responsible for ensuring that all persons who access the Website through your internet connection are aware of these terms, and that they comply with them.

4.6           You must notify us immediately if of any unauthorized use of your username and password or any other breach of security.

4.7           Mamas & Papas shall not be liable to any person for any loss or damage which may arise as a result of any failure to protect your username or password.

1. Ownership of Rights

5.1           We are the owner or the licensee of all rights, including copyright and intellectual property rights in the Website (whether by operation of law or otherwise) and in the material published on it.  All such rights are reserved.

5.2           You may print off one copy and may download content from the Website solely for your own personal use and for the purpose of placing an order with us or using the site as a shopping resource.

                5.3           You may draw the attention of others within your organization to material posted on the Website.

5.4           You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

5.5           You are strictly prohibited from using any part of the materials on the Website for commercial purposes without obtaining a licence to do so from us or our licensors.

5.6           If you print off, copy or download any part of the Website in breach of these Website Terms your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

1. Website Content and Links

6.1           We aim to update the Website regularly and may change the content, suspend access or close it indefinitely at any time at our absolute discretion without the need to give notice.

6.2           Any material on the Website may be out of date at any given time and we are under no obligation to update such material.

6.3           Materials posted on the Website are not intended to amount to advice on which reliance should be placed.  To the extent permissible by law we therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to the Website or by anyone who may be informed of any of its contents.

6.4           Where the Website contains links to other sites and resources provided by third parties such links are provided for your information only and you use them at your own risk.  We have no control over the contents of those sites or resources we accept no responsibility for them or for any loss or damage that may arise from your use of them. 

1. Limitation of Liability

7.1           The material displayed on the Website is provided without any guarantees, conditions or warranties as to its accuracy.  To the extent that we are lawfully able to do so we, other members of our group of companies and third parties connected to us hereby expressly exclude:

7.1.1        All representations, conditions, warranties and other terms whether express or implied by statute, common law or otherwise.

7.1.2        Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the Website or in connection with the use, inability to use, or results of the use of the Website, any websites linked to it and any materials posted on it, including, without limitation any liability for loss of income or revenue, profits, goodwill, anticipated savings, data or for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.

7.2           For the avoidance of doubt nothing in these Website Terms shall exclude or limit our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

1. Transactions Concluded Through the Website

Contracts for the supply of goods formed through the Website or as a result of visits made by you are governed by our terms and conditions of supply.

1. Viruses, Hacking and Other Offences

9.1           You must not misuse the Website by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful.  You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website.  You must not attack the Website via a denial-of-service attack or a distributed denial-of service attack.

9.2           By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website will cease immediately.

9.3           We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any material posted on it, or on any website linked to it.

1. USE OF WEBSITE FROM OUTSIDE US

Except where otherwise specified on this Website the materials are displayed solely for the purpose of promoting Mamas & Papas products and services available in the United States of America.  We may accept order for delivery to locations outside of the USA subject to customs, legal, regulatory and certain practical restrictions.  Those who choose to access this Website from locations outside of the USA or place orders for delivery outside of the USA are responsible for compliance with local laws if and to the extent that local laws are applicable.

1. Jurisdiction and Applicable Law

These Website Terms and any matter that arises out of our use of this Website shall be governed by and construed in accordance with the laws of the State of New Jersey, without giving effect to any principles of conflicts of laws.  Any action seeking legal or equitable relief arising out of or in relation to this Website will be brought only in the courts of the State of New Jersey or the United States District Court for the District of New Jersey.

1. Third Party Rights

Only you and Mamas & Papas shall be entitled to enforce these Website Terms.  No third party shall be entitled to enforce any part of these Website Terms.

1. Changes to Website Terms

We may revise these Website Terms at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these Website Terms may also be superseded by provisions or notices published elsewhere on the Website.