Terms & Conditions
Your use of the Website is conditional on Your acceptance of these terms and conditions
The AnnabelKarmel.com website (and any related website) (“Website”) is designed as a community for like-minded people with an interest in the well-being of babies, infants, children and young adults, especially as regards healthy eating. The Website site is operated by Annabel Karmel Group Holdings Limited (“AK”, “We”, “Us”, “Our”), and use of the Website is strictly conditional on your agreement to these Terms and Conditions and to the Proper Use Conditions, which are set out in the “Privacy Statement and Proper Use Conditions”, (collectively, the “General Terms and Conditions”).
Privacy
When signing up to become an AK Member you must also accept our Privacy Policy (www.annabelkarmel.com/privacy-policy), where we outline what data we store and for what purposes.
We may also share your data with our partner Shop St. so they can supply you with a free access app code (if you decide to download their mobile app following an email invite from us). Shop St. are not allowed to contact you unless you download their application and give your explicit consent to Shop St. For more information on how Shop St. may use your data please see their terms and conditions (www.shop-st.com/privacy/).
Introduction
You must carefully read and agree to the General Terms and Conditions before using the Website. By accessing or using the Website you agree to be legally bound by the General Terms and Conditions as they may be modified and posted on the Website from time to time. If you do not wish to be bound by the General Terms and Conditions then do not use the Website.
Nature of Site
The Site provides information, advice and an online community for parents. The information provided on the Website is not a substitute for examination, diagnosis or treatment by a doctor, midwife, health visitor, nutritionist or other qualified health professional. It is solely your responsibility to evaluate the accuracy, completeness, usefulness and fitness for any purpose of all details of opinions, advice, services and other information provided on the Website. You should carefully read the Disclaimer on the Website. In particular, if you or your children have a health problem, or if you or your baby or child is ill, we strongly advise you to consult a doctor.
Modifications to Offering
We reserve the absolute right to alter, suspend or discontinue any aspect of the Website or the services provided through it, including your access to it. Unless explicitly stated any new features on the Website, including but not limited to the release of new services, shall be subject to the General Terms and Conditions.
Applicability of Online Materials
The Site is controlled and operated by AK offices in England. We make no representations that the Website or any Content on it are appropriate or available for use in other locations. Those who visit the Website from other locations do so at their own initiative and are responsible for compliance with all applicable laws.
Liability
The Site and all materials and information thereon are provided on an “as is” basis. To the fullest extent permissible by applicable law, We do not make any express or implied warranties, representations or endorsements whatsoever with regard to the Website or any information or service provided through the Website. To the fullest extent permitted by law we will not be liable to users for any loss or damage of any nature whatsoever and howsoever arising (including due to our negligence) out of or in connection with the viewing, use or performance of the Website or its contents, whether due to inaccuracy, error, omission or any other cause and whether on the part of AK or its servants or agents, or any other person.
You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use the Website and is compatible with the Website. You also acknowledge and agree that We do not guarantee or warrant that any material available for downloading from the Website will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.
Copyright and Monitoring
The contents of the Website are protected by international copyright laws and other intellectual property rights. The owners of these rights are AK or other third party licensors and licensees. All product and company names and logos mentioned on or in the Website may be the trademarks, service marks or trading names of their respective owners, including AK. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute, by any means or in any manner, any material or information on or downloaded from the Website including but not limited to text, graphics, video, messages, code and/or software without Our prior written consent.
Linked Sites
AK may provide hypertext links to sites on the Internet which are operated by other people who We believe offer services and/or products which complement those offered by Us and which We think may be of interest to the Website users and We make no representations whatsoever about any other site(s) which you may access through the Website or which may link to the Website. When you access any other website you understand that it is independent of the Website and that We have no control over the content or availability of that site. In addition, a link to any other site does not mean that AK endorses or accepts any responsibility for the content, or the use, of such a site and shall not be liable for any loss or damage 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. Any concerns regarding any external link should be directed to its respective site administrator or webmaster.
Availability of the Site
We will endeavour to make the Website available but cannot guarantee that the Website will operate continuously or without interruptions or be error free. You must not attempt to interfere with the proper working of the Website and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, site, router or any other Internet-connected device.
General
We may assign or subcontract any or all of our rights and obligations under the General Terms and Conditions.
We may alter the General Terms and Conditions from time to time and post the new version on the Website, following which all use of the Website will be governed by that version. If any provision or term of the General Terms and Conditions shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such term or provision shall be divisible from them and shall be deemed to be deleted from them.
The General Terms and Conditions (incorporating the Proper Use Conditions set out in the Privacy Statement and Proper Use Conditions section) and your use of the Website are governed by English law and you submit to the non-exclusive jurisdiction of the English court.
Notices
All notices shall be given by e-mail to admin@annabelkarmel.com or to you at either the e-mail or postal address you provide during the registration process. Notice will be deemed received 24 hours after an e-mail is sent or 3 days after the date of posting. We welcome feedback to improve the website and its’ usefulness to all users. If you have any suggestions for improvement, please contact us at contact@annabelkarmel.com
App terms of service
This document (the "Agreement") is a legally binding agreement between you and Annabel Karmel Group Holdings LTD., trading under the name Ananbel Karmel, a company registered in England and Wales under number 09187690 that governs your use of the online and mobile services associated with Annabel Karmel, including but not limited to, www.annabelkarmel.com and all associated subdomains (the "Website"), and all associated apps.
Grant of right of use
The System is only available to either individuals who have Purchased a subscription through the iOS App Store and/or have signed up for a free trial or who have had the Service commissioned for them by a third party partner (e.g. their employer or college) ("Paid for Services"). Unless otherwise specified, we grant you a limited, non-exclusive, non-transferable, revocable right to make personal non-commercial use only of that content and those features of the System and the Annabel Karmel App in respect of which you or the third party have paid all applicable rental fees and charges, provided that you comply fully with the provisions of this Agreement. For those on the free trial, this right is restricted to the time-period of their free trial.
Prices and payment
Annabel Karmel account holders may access the System in two ways:
(i) Free Trial: Unlimited, full access to our System for a limited period of time. The subscription automatically renews unless turned off in your account settings at least 24 hours before your free trial period ends. If you’re in the free trial period and cancel, you may lose access to the subscription immediately. Additionally, any unused portion of your free trial is forfeited after purchase.
(ii) Paid Subscription: a subscription fee-based program, which gives you full access to our System for the period of the subscription. You will only have access to Annabel Karmel’s App while your subscription is active and subsisting. You may access Annabel Karmel’s App in the following ways: where allowed by the App marketplace partners. Please note that if you purchase a subscription through the Apple iTunes Store or our iPhone application, the sale is final, and we will not provide a refund. Your purchase will be subject to Apple’s applicable payment policy, which also may not provide for refunds. If you purchase a subscription through the Google Play store, the sale is final and we will not provide a refund. Your purchase will be subject to Google’s applicable payment policy, which also may not provide for refunds. Additionally, you may receive access to Annabel Karmel via a third party partner (e.g. employer or college). In such instances, you will be subject to their terms and the terms of their subscription purchase.
You may access Annabel Karmel’s App via a monthly or annual subscription option. For the purposes of our monthly and yearly subscriptions, a month constitutes 30 calendar days and a year constitutes 365 calendar days.
Our “Monthly” subscription is paid in monthly installments. For each month that your monthly subscription is active, you acknowledge and agree that Annabel Karmel is authorized to charge the same credit card as was used for the initial subscription fee or other payment method. The monthly renewal subscription fees will continue to be billed to the Payment Method you provided until canceled. You must cancel your subscription at least 24 hours before it renews in order to avoid billing of the next month’s subscription fee to the Payment Method you provided. Refunds cannot be claimed for any partial-month subscription period.
Our “Yearly” subscription is paid for by an upfront payment with automatic annual renewals. You acknowledge and agree that Annabel Karmel is authorized to charge the Payment Method used for (i) the initial annual subscription fee at the rate secured at the time of purchase, and (ii) the non-discounted renewal subscription fee(s). You must cancel your subscription at least 24 hours before it renews in order to avoid billing of the renewal subscription fee to the Payment Method you provided. Refunds cannot be claimed for any partial subscription period.
You agree to promptly notify Annabel Karmel of any changes to the Payment Method you provided while any subscriptions remain outstanding. You are responsible for all applicable fees and charges incurred, including applicable taxes, and all subscriptions purchased by you.
In the course of your use of the Products, Annabel Karmel and its third party payment service provider may receive and implement updated credit card information from your credit card issuer in order to prevent your subscription from being interrupted by an outdated or invalid card. This disbursement of the updated credit card information is provided to Annabel Karmel and Annabel Karmel third party payment service provider at the sole election of your credit card issuer. Your credit card issuer may give you the right to opt-out of the update service. Should you desire to do so, please contact your credit card issuer.
You agree not to hold us responsible for banking charges incurred due to payments on your account. If payment is not received by us from the Payment Method you provided, you agree to pay all amounts due upon demand by us. You agree that you are not permitted to resell any aspect of the System purchased through Annabel Karme for commercial purposes.
We reserve the right to change our subscription plans or adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in this Agreement, any price changes or changes to your subscription plan will take effect following notice to you.
Cancellation of services
Cancellation by you:
You may cancel a Monthly subscription at any time at least 24 hours before the applicable monthly period ends. Cancellation is effective at the end of the applicable monthly period. You may cancel a Yearly subscription plan at any time at least 24 hours before the applicable yearly period ends. Cancellation is effective at the end of the applicable annual period.
Please note that if you purchase a subscription through the Apple iTunes Store or our iPhone application, you may cancel your subscription by cancelling automatic renewal of paid In App Subscriptions by selecting Manage App Subscriptions in your iTunes Account settings and selecting the subscription you want to modify. If you purchase a subscription through the Google Play store you may cancel automatic renewals in account settings under Subscriptions in the Google Play app, or according to the current process outlined by Google Play.
Cancellation by us:
We may suspend or terminate your use of the Products as a result of your fraud or breach of any obligation under this Agreement. Such termination or suspension may be immediate and without notice. A breach of this Agreement, includes without limitation, the unauthorized copying or download of our audio or video content from the Products.
Changes to the agreement
Annabel Karmel reserves the right to change or update this Agreement, or any other of our policies or practices, at any time, and will notify users by posting such changed or updated Agreement on this page. Any changes or updates will be effective immediately. Your continued use of the System constitutes your agreement to abide by the Agreement as changed. Under certain circumstances we may also elect to notify you of changes or updates to our Agreement by additional means, such as pop-up or push notifications within the System or email.
Privacy
We process information about you in accordance with our Privacy Policy. By using the System, you consent to such processing and you warrant that all data provided by you is accurate.
To access the Annabel Karmel’s App , you may be required to register personal information and establish unique usernames and passwords. You are responsible for maintaining the confidentiality of any passwords, and are fully responsible and or liable for all activities that occur under your password and username, whether by you or by anyone else using your identity. Should your password be compromised by breaches of security such as, but not limited to, loss, theft and unauthorized disclosure, it is your responsibility to immediately notify us of the need to change or deactivate the password. Until we are so notified you will remain liable for any unauthorized use of your account.
The System contains functionality that allows you to upload content in a public area (including, but not limited to, the community page). By submitting such content, you agree that such submission is non-confidential for all purposes. Additionally you automatically grant us, or warrant that the owner of such content or intellectual property has expressly granted us, a royalty free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute and display the content in any media or medium, in any form, format or forum now known or hereafter developed. If you wish to keep any such information private, do not submit them to a public area or email us as soon as practicable. You are solely responsible for any content you submit to a public area, the consequences of posting such content, and your reliance on any other content found in your online group.
Intellectual property rights
The layout, design, content and graphics on the System and the Annabel Karmel Service are protected by UK and other international copyright laws. Unless expressly permitted in writing and other than printing a small proportion of content or displaying this on your screen or both, (strictly for your personal non-commercial use), no part of the System may be reproduced or stored in any medium, including but not limited to a retrieval system, or transmitted, in any form or by any means (electronic, mechanical, photocopying, recording, broadcasting), nor shown in public. You may not create any derivative work or make any other adaptation, without our prior written consent. You must not modify the copies you have displayed or printed in any way and you may not use any illustrations, photographs, videos or audio sequences or any graphics separately from any accompanying text.
If you print off or download any material from the System in breach of these terms of use, your right to use the System and the Annabel Karmel Service will cease immediately and you must at our option return or destroy any copies of the materials you have made. All rights not expressly granted in these terms or any express written license, are reserved. For all other uses of our content or images you must contact us and obtain our prior written permission.
Prohibited uses
You agree that you will not use the System to:
Upload, post, email or otherwise transmit any content or materials that are unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable, at our sole and absolute discretion.
Harm minors in any way, or solicit or otherwise attempt to gain any information from a minor.
Impersonate any person or entity, including, but not limited to, any user of this System, a director, officer, employee, shareholder, agent or representative of Annabel Karmel or our affiliates, or any other person or entity, or falsely state or otherwise misrepresent your affiliation with Annabel Karmel, our affiliates or any other person or entity.
Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Postings or other materials transmitted to or through the System.
Upload, post, email or otherwise transmit any materials that are not your own, or that you do not have a right to upload, post, email or otherwise transmit under any law or under contractual or fiduciary relationships (such as insider information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
Upload, post, email or otherwise transmit any content or other materials that infringe upon any patent, trademark, trade secret, copyright, right of privacy or publicity or other proprietary rights of any party.
Upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of commercial solicitation except in the areas, if any that are specifically designated for such purpose.
Upload, post, email or otherwise transmit any content or other materials that contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
Disrupt the normal flow of dialog, cause a screen to "scroll" faster than other users of the System are able to type, or otherwise act in a manner that negatively affects or otherwise diminishes the quality of another user's experience of this System.
Interfere with or disrupt the System or servers or networks connected to the System, or disobey any requirements, procedures, policies or regulations of networks connected to the System.
Intentionally or unintentionally violate any applicable laws and/or regulations"Stalk" or otherwise harass another user of the System and/or any employee of Annabel Karmel.
Solicit, collect or post personal data or attempt to solicit, collect or post personal data about other users of the System from the System (including usernames or passwords) or about any other third party, and/or:
Access or attempt to access another user's account without his or her consent.Knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.You agree not to use the System for any purposes related to scientific research, analysis or evaluation of the System without the express written consent of Annabel Karmel.
You also agree not to:
Reproduce, duplicate, copy or re-sell any part of the System in contravention of the provisions of this Agreement.
Resell access to the System.Frame the System or any part of it.
Copy any material obtained from the System to peer to peer networks or other web sites or web services.Access without authority, interfere with, damage or disrupt any part of the System; any equipment or network on which the System is stored; any software used in the provision of the System; or any equipment or network or software owned or used by any third party.
Breach of the agreement
We will determine, in our absolute discretion, whether there has been a breach of this Agreement through your use of the System. When a breach of this Agreement has occurred, we may take such action as we deem appropriate, which may include all or any of the following actions:
Immediate, temporary or permanent withdrawal of your right to use the System and/or the Annabel Karmel Service.
Immediate, temporary or permanent removal of any posting or material uploaded by you to the System and/or the Annabel Karmel Service.
Issue a warning notice to you to immediately cease and/or remedy such breach and following receipt such action should be taken immediately.
Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
Any further legal action against you.
Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
We exclude liability for actions taken in response to breaches of this Agreement. The possible actions we may take on breach of this Agreement are not limited to those described here, and we may take any other action we reasonably deem appropriate.
Third parties
Certain hypertext links in this site may lead to other third party websites, which are not under the control of Annabel Karmel. When you activate any of these you will leave the System and Annabel Karmel has no control over, and will accept no responsibility or liability, for the material on any website which is not under the control of Annabel Karmel. Annabel Karmel does not make any representations or give any guarantee or warranties of any kind, expressed, implied or otherwise about the content of on any external website link.
Contact
You can contact us via the following details: Email: Contact@annabelkarmel.com
Post: Get Annabel Karmel LTD., 18A Pindock Mews, London, W9 2PY
Please note that we are unable to answer any enquiries requesting medical advice. Such enquiries should be addressed to an appropriate, qualified health practitioner.