Terms and Conditions

Website:

If you continue to browse and use this website, you are agreeing to comply with, and be bound by, the following terms and conditions of use which, together with our cookie policy, govern our relationship with you in relation to this website. If you disagree with any part of these terms and conditions, please discontinue your use of our website immediately.The term ‘DadPad’ or ‘us’ or ‘we’ refers to the owner of the website. The term ‘you’ refers to the user(s) or viewer(s) of our website.The use of this website is subject to the following terms of use:

  • The content of the pages of this website is for your general information and use only. It is subject to change without notice.
  • This website uses cookies to monitor statistical data. For more information please read our cookie policy.
  • Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
  • Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
  • This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
  • All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.
  • Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
  • From time to time, this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
  • Your use of this website and any dispute arising out of such use of the website is subject to the laws of England, Northern Ireland, Scotland and Wales.

Mobile App End User Terms for AppStore (Apple Users):

We are Inspire Cornwall CIC t/a DadPad (‘DadPad‘/‘us‘/‘our‘/‘we‘), a community interest company incorporated in England and Wales with registered number 07307740 and with our registered office at The Old Carriage Works, Moresk Road, Truro, Cornwall, United Kingdom, TR1 1DG and the creators of the “DadPad” (referred to below as the ‘App’). The App will be making available information, content and a community forum (‘Managed Community Group‘) to you. The services you will be provided through the App (including the content) will be called the ‘Services‘.

By downloading the App, you agree to the terms of this agreement which are legally binding. Please read it together with our privacy notice before you download and use the App. If you do not agree to these terms, please do not download the App or select the ‘Decline’ option before proceeding to request the provision of Services.

You must be at least 18 years old and a resident of the UK (United Kingdom) to use the App.

These terms were last updated on: 02 November 2023.

  1. This Agreement
    • We license you to download and use the App, as long as you follow all the rules described in this agreement. The licence:
      • is only for you personally (and anyone else that the Apple store rules lets you share the App with) and for non-business use;
      • starts when you download the App;
      • is for specific, limited use and can be cancelled by us;
      • can only be used in the United Kingdom who are over 18; and
      • covers content, materials, or services accessible from, or bought in the App, including all of our support resources. It also covers updates to the App unless they come with separate terms, in which case we will give you an opportunity to review and accept the updated terms.
      • is non-transferable from your Apple device account to another non-Apple device.
    • If you sell or give away the device on which you have downloaded the App, you agree to first remove the app from the device.
  2. Apple App store
    • In this agreement, we refer to the site that you download the App from as the ‘Apple Appstore’, owned by Apple Inc ‘Apple’, and we refer to their rules and policies as the ‘Apple Appstore rules’. You must comply with the Apple Appstore rules as well as this agreement, but, if there is any conflict between them, you should follow the Apple Appstore rules rather than the equivalent rule here.
    • Please be aware that you do not own the App or its contents, but you may use it on devices you own or control, as permitted by the Apple Appstore rules.
    • As required by the Apple Appstore, we may only allow you to use this App to you if you have not been listed on any U.S. Government list of prohibited or restricted parties.  If you are, immediately delete this App and do not proceed to use it.
    • You acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this agreement, and that, on your acceptance of this agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this agreement against you as a third-party beneficiary of t.
    • Apple is not a party to this agreement and will not have any liability under this agreement. We will be solely responsible for any investigation, defence, settlement or discharge of any intellectual property claims against us or the App (and not Apple). Any warranty will also be given by us and not by Apple.
  3. Your privacy and your personal information
    • Protecting your personal information is important to us. The way we use your personal data which we collect from the App is explained in our ‘privacy notice’ at https://thedadpad.co.uk/privacy-policy/. We do not use any personal data we collect through your use of the App and the Services other than in the ways set out in our privacy notice.
  4. We may collect technical data about your device
    • By using the App or any of the Services, you agree to us collecting and using technical data that might include, for example, the specifications of your device and its software in order to help us provide software updates, product support, and other services related to the app as outlined in our ‘cookie notice’ at https://thedadpad.co.uk/cookie-policy/.
  5. We may collect location data (but you can turn it off)
    • We will use location data from your devices to provide you with certain services. If you use the App, you agree that we and our partners (such as affiliates and licensees) may transmit, collect, retain, maintain, process, and use your location data to provide and improve location-based services.
    • You can stop us from collecting such data at any time by turning off the location services settings on your device; however, once you turn the location services off, some services we provide through the App might not work properly (or not at all).
  6. Your image or that of others or places
    • This App may use the camera and other sensors on your device for you to enjoy our services.
    • You are responsible for your safety, and the safety of others around you, while using the camera technologies and features. We recommend you to always check that the area around you is free from hazards and that your use of the App will not cause danger or disruption to other people.
    • While enjoying the App, we recommend being mindful of your responsibilities, especially when the camera feature is in use.
    • We are committed to maintaining a safe and respectful environment on our App. To ensure everyone’s privacy and safety, please refrain from posting explicit images or clear photos of your baby’s face.
  7. What you may not do with this App and the Services
    • You will not, and will not attempt to:
      • copy, reproduce, publish, distribute, redistribute, broadcast, transmit, modify, adapt, alter, edit, abstract, store, archive, display publicly or to third parties, sell, license, lease, rent, assign, transfer, disclose (in each case whether or not for charge) or in any way commercially exploit any part of any Services;
      • permit any (direct or indirect) use of the Services (or any part of it) in any way by any other/ third party (including, without limitation, use it in connection with the internet or any timesharing or service bureau, software as a service, outsourced or other similar service or making any services (or any part) available to any third party);
      • create derivative works or improvements based on:
        • any software or applications used by or on behalf of us to provide the Services; or
        • the Services (or any part of it);
      • permit any Services or application(s) (or any part) to become incorporated into any other program or service or to be combined or merged with any other program;
      • attempt to reverse engineer, observe, study, or test the functioning of, decompile or otherwise derive or access the source code of the applications;
      • create any software that is substantially similar in its expression and use as the App;
      • remove, alter, obscure, translate, combine, supplement, or change any trademarks, terms, warranties, disclaimers, or Intellectual Property Rights, proprietary rights or other symbols, notices, marks, or serial numbers on or relating to the services;
      • use the Services (or any part of it) for any purpose other than the purpose of providing these Services;
      • release, publish or make available any results of its assessment of the Services (including, but not limited to, any data regarding availability, functionality, faults or performance) in any format, including screenshots, pictures or videos, publicly or to any third party;
      • use the Services (directly or indirectly) for any purpose or in any way that:
        • is unlawful under any applicable law (including, without limitation, all laws relating to privacy, data protection and use of systems and communications);
        • is in breach of this Agreement;
        • disrupts, disables, interferes with, or otherwise hinders the operation of the services (in whole or in part) in any way or the operations, business or systems of any person or entity;
        • infringes any Intellectual Property Rights (as defined in clause 17);
        • contains any virus, disabling code or malicious software (including, but not limited to, malware, trojan horses, ransomware, and spyware);
        • 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.
    • You must not:
      • use the Services (directly or indirectly) to store, transmit or process in any way any data or User Data (as defined in clause 22) that:
        • is unlawful, obscene, indecent, threatening, harassing, racially or ethnically offensive, libellous, or defamatory; or
        • harms or may endanger any person, whether emotionally or physically;
        • can be perceived as slander, intimidation or bullying;
        • is unlawful, obscene, indecent, threatening, harassing, racially or ethnically offensive, libellous, or defamatory;
        • has an objective to extract personal information from a User, or interact with the Managed Community Group in a manner that is not in line with the purpose of being a supportive forum where kind advice and support are provided, such as but not limited to being aggressive to a user; judgemental comments and promoting products or services;
      • provided that nothing in this agreement excludes any of your rights under applicable law which cannot be excluded or limited by agreement.
  8. Your responsibility to us
    • If you use our App in a way that breaks this agreement or the law, and this leads to legal claims or expenses for us (except those due to our own mistakes or negligence), you agree to cover those costs. This does not include any issues related to personal injury or death. We will do our best to notify you if such a situation arises.
  9. Technical requirements
    • To use the App your device needs to comply with the following minimum requirements:
      • Device compatability: iPhone 6s and upwards
      • Operating system: Apple iOS v13.0+
      • Space: Apple iOS = 7MB
  10. Support and contact
    • If you need to get in touch with us, you can use any of the following methods:
      • Email: hello@thedadpad.co.uk
      • Twitter: @dadpaduk
      • Telephone: 07403 274757
      • Post: c/o The Old Carriage Works, Moresk Road, Truro, Cornwall TR1 1DG
    • If we need to get in touch with you, we will do so by email or an in-app notification.
    • If you think the App or the Services are faulty or misdescribed or wish to contact us for any other reason. You acknowledge and agree that Apple has no obligation whatsoever to provide maintenance or support in respect of the App.
  11. Updates/maintenance to the App and changes to the Services
    • We may update the App from time to time for any reason that includes fixing bugs or improving performance, functionality, reflect changes to the operating system or address security issues.
    • We might also change or remove functionality, but if we do that, we will ensure that the App still meets the description provided to you when you downloaded the App.
    • We may tell you beforehand if there is scheduled maintenance. However, you may not get any warning if the services go down due to emergencies or reasons beyond our control. No uptime is guaranteed.
    • Updates will either download automatically or you may need to trigger them yourself, depending on your device, its settings, and the Apple store. We strongly suggest that you download all updates as soon as they become available to avoid being exposed to security vulnerabilities. Depending on the nature of the update, the App may not work properly (or at all). If you do not update the App to the latest version, and there is a security breach, we cannot be held responsible for any damages that might happen. 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.
    • We have the right to modify the features and functionality at any time but will not be under any obligation to do so.
  12. 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 are not responsible for any charges you may have to pay for using the internet on your device while using the App or Services.
  13. We are not liable for business losses
    • The App is for personal use ONLY. 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.
  14. When we are liable for damage to your property
    • If the App damages your device or any software installed on it as a result of our failure to use reasonable care and skill, please let us know. If we can, we will repair the damage. If that is not possible, we will compensate you up to £500. This is the most we can offer based on what the App costs and its risks. We may ask you for information (including photographs) about what has happened so that we can understand the nature of the problem.
    • 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.
  15. We are not responsible for external services
    • The App may enable you to access services and websites that we do not own or operate (referred to below as ‘external services’).
    • Such external services 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). Before using them, please make sure you have read and agreed to the terms on which they are being offered to you.
    • You must not use external services in any way that:
      • is inconsistent with these terms or with the terms of the external service; or
      • infringes our intellectual property rights, or the intellectual property rights of any third party.
    • From time to time, we may change or remove the external services that are made available through the App.
  16. We do not exclude or limit in any way our liability to you where it would be unlawful to do so
    • Nothing in these terms excludes or limits our liability for any death or personal injury caused by our negligence, liability for fraud or fraudulent misrepresentation, or any other liability that the law does not allow us to exclude or limit.
  17. Intellectual property rights
    • In this Agreement Intellectual Property Rights means any and all copyright, rights in inventions, patents, know-how, trade secrets, trademarks and trade names, service marks, design rights, rights in get-up, database rights, domain names and all similar rights and, in each case: whether registered or not; including any applications to protect or register such rights; including all renewals and extensions of such rights or applications; whether vested, contingent or future; and wherever existing.
    • All Intellectual Property Rights in and to the Services (including, among other things, in all related documentation, Content and data other than User Data) belong to and will remain vested in us or the relevant third-party owner.
  18. Not a medical tool
    • We have designed this app full of general information to help guide you. However, please beware that nothing in this app is the same as personalized professional medical advice. You must always obtain professional or specialist advice before taking, or refraining from, any action based on information obtained from the App or the Service or the Managed Community Group. Even though we do our best to keep everything aligned with NHS-approved medical guidelines, the advice in our App is based on typical situations and your own circumstances might need a different approach. So, while we strive for accuracy and relevancy, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date. If you choose to act based on the advice given on the App, you agree that it is at your own risk to do so.
  19. Disclaimer
    • While we will do everything we can to make the App available 24/7, we cannot make any guarantees or promises beyond what’s permitted by law. This means we cannot promise that the App and the Services, from time to time:
      • will run without any interruption or error;
      • be available, up-to-date, or maintained;
      • work with specific software, hardware, or systems;
      • be completely secure;
      • always meet your needs (even if you’ve let us know what you need).
    • All warranties, conditions, terms, undertakings or obligations (whether express or implied) and including, without limitation, any implied terms relating to quality, fitness for any particular purpose or ability to achieve a particular result are excluded to the fullest extent allowed by applicable law.
  20. Feedback
    • We welcome your feedback and suggestions to improve our Services and App. When you share your feedback or suggestions with us, we might use them to enhance our Services, develop new features, or for other business-related purposes, all without any charge. You hereby assign (or will ensure the assignment of) all Intellectual Property Rights in the Feedback with full title guarantee (including by way of present assignment of future Intellectual Property Rights), and with waiver of all moral rights, to us at the time such Feedback is first provided to us.
    • To respect your privacy, any feedback used in such a way will be made anonymous to protect your identity unless you make the feedback through Apple store or social media by choosing to reveal your identity. You may refer to our privacy notice for more information on how we secure your data.
  21. Sample Data
    • Services may include various sample data made available by us (the ‘Sample Data‘). Where such data is provided, references in this agreement to the Services will be read to include reference to the Sample Data.
  22. User Data
    • Services may permit you to input certain data (‘User Data‘). You acknowledge and agree that the Services are not designed or intended for use with production data, business data, confidential information, personal data, or any other data which may have value or pose any risk to you or any person or third party; and
    • Subject to clauses 17 and 20, User Data will at all times remain your property or that of your licensors. You:
      • ensure that your Data does not include any personal data and special data (as defined by applicable data protection and privacy laws) or data that is confidential or needs to be kept secure, confidential, or free from loss, damage, destruction, corruption or unauthorised access or disclosure;
      • hereby grant us (and each of our direct and indirect sub-contractors) a royalty-free, non-exclusive, sub-licensable (including by multi-tier) licence to use, copy and other otherwise use all User Data on an aggregate basis, whether necessary to provide the Services, exercise our rights under this Agreement or sharing such anonymous, aggregate data in line with our privacy notice.
      • ensure (and are exclusively responsible for) the accuracy, quality, integrity, and legality of your User Data;
    • We will have the right to permanently delete or otherwise remove, delete, or suspend access to any data and User Data and/or disclose User Data to law enforcement authorities at any time (in each case without the need to consult you).
    • We are not required to store or retain any User Data during or after the use of Services;
    • We will have the right to permanently delete or otherwise remove, delete, or suspend access to any data and User Data and/or disclose User Data to law enforcement authorities at any time (in each case without the need to consult you).
    • We are not required to store or retain any User Data during or after the use of Services;
  23. Monitoring
    • We may monitor, collect, store and use any information in, about or relating to the Services or to User Data (including, without limitation, information on their performance and use) to monitor for or detect breaches of this agreement or errors and for the maintenance, development and improvement of our Services.
  24. Export laws
    • You will comply with all applicable export control laws that apply to the Services and your data. You will not export, access, use, transmit, or re-export, directly or indirectly, separately or as a part of a system, the Services or any data or User Data (or any part of it) in or to any country or territory for which an export licence or other approval is required under the laws of the United Kingdom the European Union or any of its member states or any other jurisdiction, without first obtaining all necessary licences or other approvals.
  25. Managed Community Group
    • In using our App, you acknowledge it features a Managed Community Group with private details. Should you mistakenly access personal information from this group, you agree not to share, distribute, or use that information, to alert us immediately, erase any copies, and to act diligently to maintain the privacy and security of our community.
  26. Ending this agreement
    • We can end this agreement if you do not comply with any part of it.
    • We will give you a reasonable amount of notice before the agreement ends but if what you have done is serious then we may end this agreement immediately and without advance notice to you. ‘Serious’ means that you are causing harm (or attempting to cause harm) to other users, interfering with the operation of the App or doing anything else that we think presents a big enough risk to justify us ending the agreement quickly.
    • The consequences of the agreement ending are as follows:
      • you are no longer allowed to use the App and Services and we may remotely limit your access to it;
      • you must delete it from any devices that it has been installed on;
      • we may delete or suspend access to any accounts that you hold with us.
    • Termination or expiry of this Agreement will not affect any accrued rights and liabilities of either of us at any time up to the date of termination and some clauses will continue such as confidentiality and intellectual property rights.
  27. Failures of networks or hardware
    • The App relies on a number of things working properly to enable you to enjoy all of its features. Many of these, such as your internet connection, your device, and the Apple store, are entirely outside of our control. Although we will do everything, we reasonably can, to resolve issues, we are not responsible to you if you are unable to use all or any part of the App due to a poor internet connection, faulty components in your device (such as a faulty camera), Apple store failure or anything else that it would not be reasonable to expect us to control.
  28. Changes to the agreement
    • We may need to revise this agreement from time to time for any reason including to reflect changes in the App’s functionality, to deal with a security threat or if there is a change in the law or guidance.
    • You will be asked to agree to any material changes in advance by an in-app notification, usually when you download an update. If you do not accept the changes, you will not be able to use the App.
  29. Entire Agreement
    • This agreement is the only agreement between us and replaces all other agreements (including the previous versions) or promises made before about the same topic, whether they were written or spoken.
  30. Variation
    • No variation of this Agreement will be valid or effective unless it is made in accordance with this agreement or made in writing, refers to this agreement and is duly signed or executed by, or on behalf of, each party.
  31. Transferring this agreement
    • We may transfer our rights under this agreement to another business without your consent, but we will notify you of the transfer and make sure that you are not adversely affected as a result.
    • You cannot transfer your rights under this agreement to anyone without our prior written consent.
  32. Severance
    • If any part of this agreement becomes illegal, invalid, or cannot be enforced, it will not affect the rest of the agreement. If a part of the agreement can be made legal, valid, and enforceable by changing or removing some words, it will be changed or removed so that it can be enforced.
  33. Giving up your rights
    • If one party (you or us) does not use their legal rights or powers or follow this agreement, it does not mean they are giving up those rights or powers, or that they can’t use them in the future. Also, if one party only uses part of their rights or powers, it does not stop them from using the rest later or using other rights and powers.
  34. Third parties
    • No one other than us or you have any right to enforce any term of this agreement.
  35. Governing law and jurisdiction
    • The laws of England apply to this agreement, although if you are resident elsewhere you will retain the benefit of any mandatory protections given to you by the laws of the country in which you live.
    • Any disputes will be subject to the non-exclusive jurisdiction of the English courts. This means that you can choose whether to bring a claim in the courts of England or in the courts of another part of the UK in which you live.

 

Mobile App End User Terms for Google Play Store (Android Users):

We are Inspire Cornwall CIC t/a DadPad (‘DadPad‘/‘us‘/‘our‘/‘we‘), a community interest company incorporated in England and Wales with registered number 07307740 and with our registered office at The Old Carriage Works, Moresk Road, Truro, Cornwall, United Kingdom, TR1 1DG and the creators of the “DadPad” (referred to below as the ‘App’). The App will be making available information, content and a community forum (‘Managed Community Group‘) to you. The services you will be provided through the App (including the content) will be called the ‘Services‘.

By downloading the App, you agree to the terms of this agreement which are legally binding. Please read it together with our privacy notice before you download and use the App. If you do not agree to these terms, please do not download the App or select the ‘Decline’ option before proceeding to request the provision of Services.

You must be at least 18 years old and a resident of the UK (United Kingdom) to use the App.

These terms were last updated on: 02 November 2023.

  1. This Agreement
    • We license you to download and use the App, as long as you follow all the rules described in this agreement. The licence:
      • is only for you personally (and anyone else that the Google Play store rules lets you share the App with) and for non-business use;
      • starts when you download the App;
      • is for specific, limited use and can be cancelled by us;
      • can only be used in the United Kingdom who are over 18; and
      • covers content, materials, or services accessible from, or bought in the App, including all of our support resources. It also covers updates to the App unless they come with separate terms, in which case we will give you an opportunity to review and accept the updated terms.
      • is non-transferable from your Google Play store account to another device
    • If you sell or give away the device on which you have downloaded the App, you agree to first remove the app from the device.
  2. Google Play store
    • In this agreement, we refer to the site that you download the App from as the ‘Google Play store’, owned by Google LLC, and we refer to their rules and policies as the ‘Google Play store rules’. You must comply with the Google Play store rules as well as this agreement, but, if there is any conflict between them, you should follow the Google Play store rules rather than the equivalent rule here.
    • Please be aware that you do not own the App or its contents, but you may use it on devices you own or control, as permitted by the Google Play store rules.
    • Google LLC is not a party to this agreement and will not have any liability under this agreement. We will be solely responsible for any investigation, defence, settlement or discharge of any intellectual property claims against us or the App (and not Google LLC). Any warranty will also be given by us and not by Google LLC.
  3. Your privacy and your personal information
    • Protecting your personal information is important to us. The way we use your personal data which we collect from the App is explained in our ‘privacy notice’ at https://thedadpad.co.uk/privacy-policy/. We do not use any personal data we collect through your use of the App and the Services other than in the ways set out in our privacy notice.
  4. We may collect technical data about your device
    • By using the App or any of the Services, you agree to us collecting and using technical data that might include, for example, the specifications of your device and its software in order to help us provide software updates, product support, and other services related to the app as outlined in our ‘cookie notice’ at https://thedadpad.co.uk/cookie-policy/.
  5. We may collect location data (but you can turn it off)
    • We will use location data from your devices to provide you with certain services. If you use the App, you agree that we and our partners (such as affiliates and licensees) may transmit, collect, retain, maintain, process, and use your location data to provide and improve location-based services.
    • You can stop us from collecting such data at any time by turning off the location services settings on your device; however, once you turn the location services off, some services we provide through the App might not work properly (or not at all).
  6. Your image or that of others or places
    • This App may use the camera and other sensors on your device for you to enjoy our services.
    • You are responsible for your safety, and the safety of others around you, while using the camera technologies and features. We recommend you to always check that the area around you is free from hazards and that your use of the App will not cause danger or disruption to other people.
    • While enjoying the App, we recommend being mindful of your responsibilities, especially when the camera feature is in use.
    • We are committed to maintaining a safe and respectful environment on our App. To ensure everyone’s privacy and safety, please refrain from posting explicit images or clear photos of your baby’s face.
  7. What you may not do with this App and the Services
    • You will not, and will not attempt to:
      • copy, reproduce, publish, distribute, redistribute, broadcast, transmit, modify, adapt, alter, edit, abstract, store, archive, display publicly or to third parties, sell, license, lease, rent, assign, transfer, disclose (in each case whether or not for charge) or in any way commercially exploit any part of any Services;
      • permit any (direct or indirect) use of the Services (or any part of it) in any way by any other/ third party (including, without limitation, use it in connection with the internet or any timesharing or service bureau, software as a service, outsourced or other similar service or making any services (or any part) available to any third party);
      • create derivative works or improvements based on:
        • any software or applications used by or on behalf of us to provide the Services; or
        • the Services (or any part of it);
      • permit any Services or application(s) (or any part) to become incorporated into any other program or service or to be combined or merged with any other program;
      • attempt to reverse engineer, observe, study, or test the functioning of, decompile or otherwise derive or access the source code of the applications;
      • create any software that is substantially similar in its expression and use as the App;
      • remove, alter, obscure, translate, combine, supplement, or change any trademarks, terms, warranties, disclaimers, or Intellectual Property Rights, proprietary rights or other symbols, notices, marks, or serial numbers on or relating to the services;
      • use the Services (or any part of it) for any purpose other than the purpose of providing these Services;
      • release, publish or make available any results of its assessment of the Services (including, but not limited to, any data regarding availability, functionality, faults or performance) in any format, including screenshots, pictures or videos, publicly or to any third party;
      • use the Services (directly or indirectly) for any purpose or in any way that:
        • is unlawful under any applicable law (including, without limitation, all laws relating to privacy, data protection and use of systems and communications);
        • is in breach of this Agreement;
        • disrupts, disables, interferes with, or otherwise hinders the operation of the services (in whole or in part) in any way or the operations, business or systems of any person or entity;
        • infringes any Intellectual Property Rights (as defined in clause 17);
        • contains any virus, disabling code or malicious software (including, but not limited to, malware, trojan horses, ransomware, and spyware);
        • 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.
    • You must not:
      • use the Services (directly or indirectly) to store, transmit or process in any way any data or User Data (as defined in clause 22) that:
        • is unlawful, obscene, indecent, threatening, harassing, racially or ethnically offensive, libellous, or defamatory; or
        • harms or may endanger any person, whether emotionally or physically;
        • can be perceived as slander, intimidation or bullying;
        • is unlawful, obscene, indecent, threatening, harassing, racially or ethnically offensive, libellous, or defamatory;
        • has an objective to extract personal information from a User, or interact with the Managed Community Group in a manner that is not in line with the purpose of being a supportive forum where kind advice and support are provided, such as but not limited to being aggressive to a user; judgemental comments and promoting products or services;
    • provided that nothing in this agreement excludes any of your rights under applicable law which cannot be excluded or limited by agreement
  8. Your responsibility to us
    • If you use our App in a way that breaks this agreement or the law, and this leads to legal claims or expenses for us (except those due to our own mistakes or negligence), you agree to cover those costs. This does not include any issues related to personal injury or death. We will do our best to notify you if such a situation arises.
  9. Technical requirements
    • To use the App your device needs to comply with the following minimum requirements:
  10. Support and contact
    • If you need to get in touch with us, you can use any of the following methods:
      • Email: hello@thedadpad.co.uk
      • Twitter: @dadpaduk
      • Telephone: 07403 274757
      • Post: c/o The Old Carriage Works, Moresk Road, Truro, Cornwall TR1 1DG
    • If we need to get in touch with you, we will do so by email or an in-app notification.
    • If you think the App or the Services are faulty or misdescribed or wish to contact us for any other reason. You acknowledge and agree that Google LLC has no obligation whatsoever to provide maintenance or support in respect of the App.
  11. Updates/maintenance to the App and changes to the Services
    • We may update the app from time to time for any reason that includes fixing bugs or improving performance, functionality, reflect changes to the operating system or address security issues.
    • We might also change or remove functionality, but if we do that, we will ensure that the App still meets the description provided to you when you downloaded the App.
    • We may tell you beforehand if there is scheduled maintenance. However, you may not get any warning if the services go down due to emergencies or reasons beyond our control. No uptime is guaranteed.
    • Updates will either download automatically or you may need to trigger them yourself, depending on your device, its settings, and the Google Play store. We strongly suggest that you download all updates as soon as they become available to avoid being exposed to security vulnerabilities. Depending on the nature of the update, the App may not work properly (or at all). If you do not update the App to the latest version, and there is a security breach, we cannot be held responsible for any damages that might happen. 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.
    • We have the right to modify the features and functionality at any time but will not be under any obligation to do so.
  12. 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 are not responsible for any charges you may have to pay for using the internet on your device while using the App or Services.
  13. We are not liable for business losses
    • The App is for personal use ONLY. 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.
  14. When we are liable for damage to your property
    • If the App damages your device or any software installed on it as a result of our failure to use reasonable care and skill, please let us know. If we can, we will repair the damage. If that is not possible, we will compensate you up to £500. We may ask you for information (including photographs) about what has happened so that we can understand the nature of the problem.
    • 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.
  15. We are not responsible for external services
    • The App may enable you to access services and websites that we do not own or operate (referred to below as ‘external services’).
    • Such external services 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). Before using them, please make sure you have read and agreed to the terms on which they are being offered to you.
    • You must not use external services in any way that:
      • is inconsistent with these terms or with the terms of the external service; or
      • infringes our intellectual property rights, or the intellectual property rights of any third party
    • From time to time, we may change or remove the external services that are made available through the App.
  16. We do not exclude or limit in any way our liability to you where it would be unlawful to do so
    • Nothing in these terms excludes or limits our liability for any death or personal injury caused by our negligence, liability for fraud or fraudulent misrepresentation, or any other liability that the law does not allow us to exclude or limit.
  17. Intellectual property rights
    • In this Agreement Intellectual Property Rights means any and all copyright, rights in inventions, patents, know-how, trade secrets, trademarks and trade names, service marks, design rights, rights in get-up, database rights, domain names and all similar rights and, in each case: whether registered or not; including any applications to protect or register such rights; including all renewals and extensions of such rights or applications; whether vested, contingent or future; and wherever existing.
    • All Intellectual Property Rights in and to the Services (including, among other things, in all related documentation, Content and data other than User Data) belong to and will remain vested in us or the relevant third-party owner.
  18. Not a medical tool
    • We have designed this app full of general information to help guide you. However, please beware that nothing in this app is the same as personalized professional medical advice. You must always obtain professional or specialist advice before taking, or refraining from, any action based on information obtained from the App or the Service or the Managed Community Group. Even though we do our best to keep everything aligned with NHS-approved medical guidelines, the advice in our App is based on typical situations and your own circumstances might need a different approach. So, while we strive for accuracy and relevancy, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date. If you choose to act based on the advice given on the App, you agree that it is at your own risk to do so.
  19. Disclaimer
    • While we will do everything we can to make the App available 24/7, we cannot make any guarantees or promises beyond what’s permitted by law. This means we cannot promise that the App and the Services, from time to time:
      • will run without any interruption or error;
      • be available, up-to-date, or maintained;
      • work with specific software, hardware, or systems;
      • be completely secure;
      • always meet your needs (even if you’ve let us know what you need).
    • All warranties, conditions, terms, undertakings or obligations (whether express or implied) and including, without limitation, any implied terms relating to quality, fitness for any particular purpose or ability to achieve a particular result are excluded to the fullest extent allowed by applicable law.
  20. Feedback
    • We welcome your feedback and suggestions to improve our Services and App. When you share your feedback or suggestions with us, we might use them to enhance our Services, develop new features, or for other business-related purposes, all without any charge. You hereby assign (or will ensure the assignment of) all Intellectual Property Rights in the Feedback with full title guarantee (including by way of present assignment of future Intellectual Property Rights), and with waiver of all moral rights, to us at the time such Feedback is first provided to us.
    • To respect your privacy, any feedback used in such a way will be made anonymous to protect your identity unless you make the feedback through Google Play store or social media by choosing to reveal your identity. You may refer to our privacy notice for more information on how we secure your data.
  21. Sample Data
    • Services may include various sample data made available by us (the ‘Sample Data‘). Where such data is provided, references in this agreement to the Services will be read to include reference to the Sample Data.
  22. User Data
    • Services may permit you to input certain data (‘User Data‘). You acknowledge and agree that the Services are not designed or intended for use with production data, business data, confidential information, personal data, or any other data which may have value or pose any risk to you or any person or third party; and
    • Subject to clauses 17 and 20, User Data will at all times remain your property or that of your licensors. You:
      • ensure that your Data does not include any personal data and special data (as defined by applicable data protection and privacy laws) or data that is confidential or needs to be kept secure, confidential, or free from loss, damage, destruction, corruption or unauthorised access or disclosure;
      • hereby grant us (and each of our direct and indirect sub-contractors) a royalty-free, non-exclusive, sub-licensable (including by multi-tier) licence to use, copy and other otherwise use all User Data on an aggregate basis, whether necessary to provide the Services, exercise our rights under this Agreement or sharing such anonymous, aggregate data in line with our privacy notice.
      • ensure (and are exclusively responsible for) the accuracy, quality, integrity, and legality of your User Data;
    • We will have the right to permanently delete or otherwise remove, delete, or suspend access to any data and User Data and/or disclose User Data to law enforcement authorities at any time (in each case without the need to consult you).
    • We are not required to store or retain any User Data during or after the use of Services;
  23. Monitoring
    • We may monitor, collect, store and use any information in, about or relating to the Services or to User Data (including, without limitation, information on their performance and use) to monitor for or detect breaches of this agreement or errors and for the maintenance, development and improvement of our Services.
  24. Export laws
    • You will comply with all applicable export control laws that apply to the Services and your data. You will not export, access, use, transmit, or re-export, directly or indirectly, separately or as a part of a system, the Services or any data or User Data (or any part of it) in or to any country or territory for which an export licence or other approval is required under the laws of the United Kingdom the European Union or any of its member states or any other jurisdiction, without first obtaining all necessary licences or other approvals.
  25. Managed Community Group
    • In using our App, you acknowledge it features a Managed Community Group with private details. Should you mistakenly access personal information from this group, you agree not to share, distribute, or use that information, to alert us immediately, erase any copies, and to act diligently to maintain the privacy and security of our community.
  26. Ending this agreement
    • We can end this agreement if you do not comply with any part of it.
    • We will give you a reasonable amount of notice before the agreement ends but if what you have done is serious then we may end this agreement immediately and without advance notice to you. ‘Serious’ means that you are causing harm (or attempting to cause harm) to other users, interfering with the operation of the App or doing anything else that we think presents a big enough risk to justify us ending the agreement quickly.
    • The consequences of the agreement ending are as follows:
      • you are no longer allowed to use the App and Services and we may remotely limit your access to it;
      • you must delete it from any devices that it has been installed on;
      • we may delete or suspend access to any accounts that you hold with us.
    • Termination or expiry of this Agreement will not affect any accrued rights and liabilities of either of us at any time up to the date of termination and some clauses will continue such as confidentiality and intellectual property rights.
  27. Failures of networks or hardware
    • The App relies on a number of things working properly to enable you to enjoy all of its features. Many of these, such as your internet connection, your device, and the Google Play store, are entirely outside of our control. Although we will do everything, we reasonably can to resolve issues, we are not responsible to you if you are unable to use all or any part of the App due to a poor internet connection, faulty components in your device (such as a faulty camera), Google Play store failure or anything else that it would not be reasonable to expect us to control.
  28. Changes to the agreement
    • We may need to revise this agreement from time to time for any reason including to reflect changes in the App’s functionality, to deal with a security threat or if there is a change in the law or guidance.
    • You will be asked to agree to any material changes in advance by an in-app notification, usually when you download an update. If you do not accept the changes, you will not be able to use the App.
  29. Entire Agreement
    • This agreement is the only agreement between us and replaces all other agreements (including the previous versions) or promises made before about the same topic, whether they were written or spoken.
  30. Variation
    • No variation of this Agreement will be valid or effective unless it is made in accordance with this agreement or made in writing, refers to this agreement and is duly signed or executed by, or on behalf of, each party.
  31. Transferring this agreement
    • We may transfer our rights under this agreement to another business without your consent, but we will notify you of the transfer and make sure that you are not adversely affected as a result.
    • You cannot transfer your rights under this agreement to anyone without our prior written consent.
  32. Severance
    • If any part of this agreement becomes illegal, invalid, or cannot be enforced, it will not affect the rest of the agreement. If a part of the agreement can be made legal, valid, and enforceable by changing or removing some words, it will be changed or removed so that it can be enforced.
  33. Giving up your rights
    • If one party (you or us) does not use their legal rights or powers or follow this agreement, it does not mean they are giving up those rights or powers, or that they can’t use them in the future. Also, if one party only uses part of their rights or powers, it does not stop them from using the rest later or using other rights and powers.
  34. Third parties
    • No one other than us or you have any right to enforce any term of this agreement.
  35. Governing law and jurisdiction
    • The laws of England and Wales apply to this agreement, although if you are resident elsewhere you will retain the benefit of any mandatory protections given to you by the laws of the country in which you live.
    • Any disputes will be subject to the non-exclusive jurisdiction of the English courts. This means that you can choose whether to bring a claim in the courts of England or in the courts of another part of the UK in which you live.