biamother

Terms of service

PLEASE READ THESE TERMS CAREFULLY BY DOWNLOADING AND ACCESSING THE APP YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS PLEASE DO NOT DOWNLOAD OR ACCESS THE APP. 

INTRODUCTION 

  1. THESE TERMS 

These Terms set out the basis on which L3M Technologies Limited, whose registered office is at 2nd Floor, 1 Westferry Circus, London E14 4HD with company number 11157173 (“we”, “us”, “our”), permits you to use the: 

  • Biamother mobile application (the “App”); 
  • the related online documentation (the “Documentation”); and 
  • the content and services we provide to you through the App (the “Services”). 
  1. DISCLAIMER 

THE APP AND THE SERVICES ARE PROVIDED FOR INFORMATION PURPOSES ONLY AND ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE RECOMMEND YOU OBTAIN PROFESSIONAL OR SPECIALIST ADVICE BEFORE TAKING, OR REFRAINING FROM TAKING, ANY ACTION ON THE BASIS OF INFORMATION OBTAINED FROM THE APP OR THE SERVICES. WHILST WE COMPILE THE INFORMATION MADE AVAILABLE TO YOU VIA THE APP IN GOOD FAITH, WE MAKE NO REPRESENTATIONS, WARRANTIES OR GUARANTEES, WHETHER EXPRESS OR IMPLIED, THAT SUCH INFORMATION IS ACCURATE, COMPLETE OR UP TO DATE. SUCH INFORMATION IS NOT INTENDED TO REPLACE ADVICE FROM YOUR GP OR ANY HEALTHCARE PROFESSIONAL. 

You must ensure that all information you submit to us via the App or otherwise in connection with the Services is accurate, current and complete as this could affect the information which is provided to you. We are entitled to rely on any information you submit to us via the App or otherwise in connection with the Services. 

Please also note, where you use any of the recipes on our App or follow any of the training programmes, you are responsible (at your own cost) for sourcing the ingredients and equipment required for such recipes and training; these are not provided as part of your Subscription or otherwise as part of our Service. Please also ensure you check the nutritional and allergen information given in our recipes – the recipes have not been designed specifically for you, nor do they account for any allergies or food intolerances you may have. 

  1. YOUR DATA & PRIVACY 

Under data protection legislation, we are required to provide you with certain information about who we are, how we process your personal data and for what purposes and your rights in relation to your personal data and how to exercise them. This information is provided in our Privacy Policy and it is important that you read that information. Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the App or any Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted. 

  1. CONTACT 

Contacting us. If you think the App or the Services are faulty or mis-described or wish to contact us for any other reason please email our customer service team at support@ biamother.com. 

How we will communicate with you. If we have to contact you we will do so by email or by phone using the contact details you have provided to us. 

  1. PERMITTED USE 

In return for your agreeing to comply with these Terms you may: 

  • download a copy of the App and view, use and display the App and the Service on your device for your personal purposes only; 
  • use any Documentation to support your permitted use of the App and the Service; and 
  • receive and use any free updates of the App incorporating “patches” and corrections of errors as we may provide to you. 

The ways in which you can use the App and Documentation may also be controlled by the rules and policies of the appstore from where you downloaded the App. Such rules and policies will apply instead of these Terms where there is a conflict between the two. 

Our App is currently only compatible with certain Apple iPhones; this may change in the future, so please keep checking for any updates. 

ACCESS 

  1. GENERAL ACCESS 

You are permitted to access and use the majority of our Services, available via our App, free of charge. You must be at least 18 years of age to use the App and access our Services. If you choose to access the Services from outside the United Kingdom, you are responsible for your compliance with local laws for that country if and to the extent that local laws are applicable. 

PLEASE NOTE, in order to access and use our coaching services (whether virtual or in-person coaching), to receive coaching recommendations, fitness plans and any other personalised programmes (collectively “Coaching Services”), you will need to purchase a subscription in accordance with the process set out below. Please see the “SUBSCRIPTIONS” section for more details on the terms that govern your subscription with us. 

  1. OFFERS 

We may make certain Services available as part of an offer, free trial or other discounted packages. Details of these Services will be available on our App from time to time, which you may choose to take advantage of. In order to receive such offers you must ensure that you select the relevant offer when you place your order request, at which time we will provide you with specific information on the offer selected. 

Please note that our offers may expire, after which time they may not be available. We will endeavour to update the App where offers expire; otherwise you will be notified that the offer is no longer available on proceeding through the checkout process. All offers are subject to availability. We reserve the right to withdraw offers at any time, without notice to you, and for any reason. 

SUBSCRIPTIONS 

  1. YOUR ACCOUNT 

In order to purchase a subscription to use the Coaching Services (“Subscription”) you will need to register for a Biamother account. You will be required to choose a username and password for your Biamother account. You are responsible for safeguarding your account user name and password and must treat such information as confidential and not disclose it to any third party. We will not be liable for any loss or damage arising from your failure to comply with the above. 

If you know or suspect that anyone other than you knows your username or password, or you believe there has been unauthorised access to your Biamother account, you should promptly notify us at [email protected]. Should you forget your password for your account, please select the “I forgot my password” option on the App. You will be asked to submit your user name and e-mail address and a new password will be generated for you to use. 

We are giving you the personal right to access the Coaching Services. You may not transfer your Biamother account to someone else, whether for money, for anything else or for free. 

We will contact you by email, SMS or phone as selected by you when creating your Biamother account, using the contact details you have provided to us. You are responsible for ensuring that your contact details are kept up to date. 

  1. YOUR SUBSCRIPTION 

Each Subscription to the Coaching Services is offered with an initial one-week free trial period. Once the free trial expires, unless you have cancelled your Subscription at least 24 hours before expiry of your free trial, your Subscription will automatically convert into a paid-for Subscription, based on the option you selected when creating your account. Subscriptions may be offered on a monthly, quarterly or annual basis, so please ensure you select the correct option. Full details of the Subscription you have selected will be emailed to you in your Subscription confirmation, when your Biamother account has been created. 

Subject to your cancellation rights detailed below, you provide us with a continuous payment authority to charge your payment method for the specified amount on approval of your Subscription and at monthly, quarterly or annual intervals (as applicable) following such approval date. Each payment will be taken on or around the same day of each month, quarter or year (as detailed in your Subscription confirmation unless your Subscription is cancelled by you in accordance with these Terms). 

  1. CANCELLING YOUR SUBSCRIPTION 

You have the right to cancel your Subscription at any time during the free trial or within 14 days of it converting into a paid-for trial (the “cooling off period”). If you choose to cancel your Subscription, you can do so through your Apple iPhone – select Settings > tap “[your name] (Apple ID, iCloud, iTunes & App Store)” > scroll to Subscriptions > tap “Biamother” > select “Cancel Subscription”. 

If you are entitled to cancel, we will refund you your first Subscription fee. Unless you notify us otherwise, we will arrange for the refund to be made to the payment method you used to purchase the Subscription (i.e. to your PayPal account). Please allow 30 days for any refund to reach your account. Please note, except where you cancel your Subscription in the “cooling off period” and in accordance with this section 10, any Subscription fee is non-refundable. 

Once the “cooling off period” has expired, you can also cancel your Subscription at any time by following the same steps as set out above (on your Apple iPhone, select Settings > tap “[your name] (Apple ID, iCloud, iTunes & App Store)” > scroll to Subscriptions > tap “Biamother” > select “Cancel Subscription”). 

We must receive your request to cancel your Subscription more than 24 hours before your next payment date. If we receive the request less than 24 hours before your next payment date your Subscription will only be cancelled at the end of the following month, quarter or year (as applicable) and we will still take payment for your next instalment of your Subscription. 

If you cancel your Subscription within the cooling off period, your access to the Coaching Services will cease with immediate effect; if you cancel after the cooling off period, your access to the Coaching Services will cease with immediate effect on the next renewal date. 

We reserve the right to cancel your Subscription, Biamother account and right to access the Coaching Services, or any part thereof at any time by contacting you if you have breached these Terms in a serious way. If what you have done can be put right, we will give you a reasonable opportunity to do so. 

  1. COACHING SERVICES 

We reserve the right to change the Coaching Services and Subscriptions offered via the App from time to time – please check the App for full details of any changes in Coaching Services and Subscriptions available for purchase. If you would like to upgrade your Subscription to access additional Coaching Services, you can do so through the App. Any changes in the Coaching Services or Subscriptions offered via the App will not affect your current Subscription. 

If you choose to use our live chat-messaging as part of the Coaching Service with one of our personal trainer coaches, please ensure that the information you give is true, accurate and complete at all times. Any errors in such information may impact the accuracy and applicability of the advice you are given and may detrimentally affect your results from using the Coaching Service. Details of all consultations and questionnaires are retained in accordance with all applicable laws. 

Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical). 

PERMITTED USE 

  1. USE RESTRICTIONS 

You agree that you will: 

  • not rent, lease, sub-license, loan, provide, or otherwise make available, the App or the Services in any form, in whole or in part to any person without prior written consent from us; 
  • not copy the App, Documentation or Services, except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security; 
  • not translate, merge, adapt, vary, alter or modify, the whole or any part of the App, Documentation or Services nor permit the App or the Services or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the App and the Services on your device as permitted in these Terms; 
  • not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App or the Services nor attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are necessary to decompile the App to obtain the information necessary to create an independent program that can be operated with the App; and 
  • comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App or any Service. 
  1. ACCEPTABLE USE 

You must: 

  • not use the App or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App, any Service or any operating system; 
  • not infringe our intellectual property rights or those of any third party in relation to your use of the App or any Service, including by the submission of any material (to the extent that such use is not licensed by these Terms); 
  • not use the App or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; or 
  • not collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service. 
  1. CONTENT 

These content standards apply to any and all material, content and data which you contribute to our App, and to any interactive services associated with it. Each contribution must: be accurate (where it states facts); be genuinely held (where it states opinions); and comply with the law applicable in England and Wales and in any country from which it is posted. 

A contribution must not: be defamatory of any person; be obscene, offensive, hateful or inflammatory; bully, insult, intimidate or humiliate; promote sexually explicit material; promote violence; promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; infringe any copyright, database right or trade mark of any other person; promote any illegal activity; be threatening; abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety; be likely to harass, upset, embarrass, alarm or annoy any other person; impersonate any person, or misrepresent your identity or affiliation with any person; give the impression that the contribution emanates from us, if this is not the case; or contain any advertising or promote any services or web links to other sites. 

You warrant that all contributions will comply with the standards set out above, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty. 

Any content you upload to our App (and any content you allow us to access via your Apple Health app) will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us a licence to use, store, copy and aggregate that content and to distribute and make it available to third parties. Where any content you upload includes personal data, we will always treat such content in accordance with the terms of our Privacy Policy. 

We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our App constitutes a violation of their intellectual property rights, or of their right to privacy. 

We have the right to remove any posting you make on our App if, in our opinion, your post does not comply with the content standards set out above. 

  1. INTELLECTUAL PROPERTY RIGHTS 

All intellectual property rights in the information, data, text, documents, graphics, logos, designs, images, pictures, photographs, videos, interactive features, advertisements or other content, services or materials (or any part of them) accessible on our Services, or otherwise protecting the App, the Documentation and/or the Services and all others throughout the world, belong to us (or our licensors). Such rights are licensed (not sold) to you. You have no intellectual property rights in, or to, the App, the Documentation or the Services other than the right to use them in accordance with these Terms. 

LIABILITY 

  1. OUR LIABILITY 

WE DO NOT WARRANT THAT INFORMATION WE PROVIDE WILL MEET YOUR HEALTH OR MEDICAL REQUIREMENTS. YOU MUST CHECK OUR RECOMMENDATIONS OR ANY INFORMATION PROVIDED THROUGH THE SERVICES WITH YOUR OWN GP OR OTHER APPROPRIATE HEALTHCARE PROFESSIONAL. 

Limitations on our liability. To the fullest extent permitted by applicable law, we disclaim all warranties, conditions and other terms of any kind, express or implied, in connection with our Services and your use of our Services (including, without limitation, as to satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy). We do not warrant that the functions contained in any materials on our Services will be uninterrupted or error-free, that defects will be corrected or that our Services or the servers that makes them available are free of viruses or bugs. 

We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these Terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these Terms, both we and you knew it might happen. 

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation. 

When we are liable for damage to your property. If defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us. We are not liable for business losses. The App is for domestic and private use. If you use the App for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. 

Please back-up content and data used with the App. We recommend that you back up any content and data used in connection with the App, to protect yourself in case of problems with the App or the Service. 

Check that the App and the Services are suitable for you. The App and the Services have not been developed to meet your individual requirements. Please check that the facilities and functions of the App and the Services (as described on the Appstore site and in the Documentation) meet your requirements. 

We are not responsible for events outside our control. If our provision of the Services or support for the App or the Services is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to end your contract with us and receive a refund for any Services you have paid for but not received. 

  1. TERMINATION OF YOUR RIGHTS 

We may end your rights to use the App and Services at any time by contacting you if you have breached these Terms in a serious way. If what you have done can be put right we will give you a reasonable opportunity to do so. 

If we end your rights to use the App and Services: 

  • you must stop all activities authorised by these Terms, including your use of the App and any Services; 
  • you must delete or remove the App from all devices in your possession and immediately destroy all copies of the App which you have and confirm to us that you have done this; and 
  • we may remotely access your devices and remove the App from them and cease providing you with access to the Services. 

GENERAL 

  1. YOU MAY NOT TRANSFER THE APP TO SOMEONE ELSE 

We are giving you personally the right to use the App and the Service as set out above. You may not transfer the App or the Service to someone else, whether for money, for anything else or for free. If you sell any device on which the App is installed, you must remove the App from it. 

  1. CHANGES TO THESE TERMS 

We may need to change these Terms to reflect changes in law or best practice or to deal with additional features which we introduce. We will give you at least 30 days’ notice of any change by sending you an email with details of the change or notifying you of a change when you next start the App. 

If you do not accept the notified changes you may continue to use the App and the Service in accordance with the existing Terms, but certain new features may not be available to you. 

  1. UPDATES TO THE APP AND CHANGES TO THE SERVICE 

From time to time we may automatically update the App and change the Service to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively, we may ask you to update the App for these reasons. 

If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the App and the Services. 

  1. IF SOMEONE ELSE OWNS THE PHONE OR DEVICE YOU ARE USING 

If you download the App onto any phone or other device not owned by you, you must have the owner’s permission to do so. You will be responsible for complying with these Terms, whether or not you own the phone or other device. 

  1. WE ARE NOT RESPONSIBLE FOR OTHER WEBSITES YOU LINK TO 

The App or any Service may contain links to other independent websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any). 

You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them. 

  1. TRANSFER OF THIS AGREEMENT 

We may transfer our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract. 

You may only transfer your rights or your obligations under these Terms to another person if we agree in writing. 

  1. NO RIGHTS FOR THIRD PARTIES 

These Terms do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of these Terms. 

  1. GENERAL 

Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect. 

Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breach of these Terms, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. 

These Terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland, you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts. 

Last updated: 29 October 2019.

 

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