Terms & Conditions

Up All Hours Limited. Registered office: The Manor House, Sheep Street, Warwickshire, CV36 4AF Please look over our terms and conditions, they detail your rights and obligations and outline the standards of behaviour expected of the Up All Hours community.

1. Introduction

Please read these terms and conditions carefully before using the website operated by Up All Hours Ltd. registered in England and Wales with company number 08498337 (“Up All Hours”, “we” or “us”) to be found at .www.upallhours.com (the “Website”). By accessing or using the Website you agree to be legally bound by these terms and conditions as they may be modified or amended from time to time. We may make changes to these terms and conditions and any such changes will be posted on the Website under the ‘Terms and Conditions’ link and you should check them on a regular basis and take notice of any revisions and amendments that we make. If you do not wish to be bound by these terms and conditions, please do not use the Website. These terms and conditions include and incorporate the Up All Hours Personal Privacy Policy and Cookies Policy and any reference to the terms and conditions shall be deemed to include the terms set out in the Personal Privacy Policy and the Cookies Policy.

2. The Aim of Our Site

The Website provides information, support and an online community for parents, with a special emphasis on the night-time needs of parents. The information provided on the Website is in no way intended as a replacement for formal advice and/or clinical diagnosis offered by a qualified health professional. When using the Website you need to forge your own judgment concerning the accuracy and helpfulness of the opinions, advice, services and general information it carries. Importantly, if you or your child has any health problem or you are considering taking any medicines (especially if you are pregnant) or giving any to your child, we strongly advise you to consult a health professional.

3. Towards a Healthy Community

The Website must only be used for lawful purposes. You may not use the Website to send, knowingly receive, upload, download, use or re-use material which does not comply with these terms and conditions or our Chatting Protcol.

4. Your Contributions

We welcome comments, messages, postings, ideas, suggestions, reviews, photos, videos, graphics, illustrations, text and other material which is submitted to Up All Hours for publication or is posted on, transmitted through or otherwise made available on the Website (“User Content”). You agree that any User Content which you provide or transmit will:

• Be decent, honest and truthful and in compliance with all applicable laws
• Not be unlawful, fraudulent, false, inaccurate, objectionable or offensive in any way whatsoever (including, but not limited to, anything obscene, abusive, threatening, bigoted, defamatory, invasive, cruel or hateful and anything that may degrade or intimidate other subscribers, individuals or groups on account of their religion, sexual orientation, disability, race, ethnicity, gender or age)
• Not be in breach of any obligations of confidence (or any reasonable expectation of an obligation of confidence)
• Not contain viruses, worms, time-bombs, keystroke loggers, spyware, adware or other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
• Not contain any unsolicited or unauthorised advertising or any unapproved request for funds, unsolicited promotional materials or any other form of similar solicitation
• Not infringe the copyright, patent, trade secret, database right trademark, moral or proprietary right or any other intellectual property rights of any third party

We monitor User Content and may edit, reject or remove anything that we consider does not comply with these terms and conditions (although we are not obliged to do so and make no representations that we will do so).

Unless commissioned otherwise by special arrangement, all User Content and other material submitted to Up All Hours becomes the property of Up All Hours and by providing or submitting User Content to Up All Hours or the Website you automatically and irrevocably grant to us a worldwide, fully paid, royalty free, perpetual, irrevocable, non-exclusive, fully sub-licensable and transferable right and licence to use, record, sell, lease, reproduce, distribute, create derivative works based upon, translate, publicly display, publicly perform, publish and otherwise exploit such User Content.

We may exercise this grant to derive and amend the User Content and to incorporate it within or publish it through any media or technology using existing and future means of distribution.

5. A Word About Advertisers and Third Parties

Any correspondence or dealings you conduct with advertisers and third parties found on the Website, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the advertiser or third party. In particular you agree that Up All Hours shall not be responsible or liable for any loss or damage of any kind incurred as a result of any such dealings. Any transactions placed by you via the Website are subject to confirmation by, and the terms and conditions of business of, the relevant advertiser or third party.

6. Future Modifications to the Up All Hours 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. Typically, new features on the Website, including any new services, shall be subject to these terms and conditions.

7. Our Liability – and Your Obligations

All materials and information on the Website are provided at face value. To the fullest extent permissible by law, we do not make any express or implied warranties, representations or endorsements whatsoever with regard to the Website or any information or the services provided through it. To the fullest extent permitted by law we will not be liable to you or any other users of the Website (or to any third parties who suffer loss or damage as a result of your use of the Website) for any loss or damage of any nature howsoever caused which may result from the viewing, use or performance of the Website or its contents, even if this is as the result of our negligence or of the inaccuracy, error or omission of Up All Hours, its contributors, or any other person.

The views and opinions expressed by the resident writers and experts who contribute to the Website are solely those of the original authors. These views and opinions do not represent those of Up All Hours, and/or any/all contributors to the Website and Up All Hours shall have no liability in respect of any content provided by resident writers or experts.

You are responsible for ensuring that your computer, tablet, smartphone or other web browsing device meets all relevant technical specifications necessary to use the Website and that they are compatible with the Website. Whilst we will take every reasonable precaution, we cannot guarantee that any material available to download from the Website will be free from infection, viruses and/or other code that may infect or damage your systems. You maintain responsibility for operating sufficient procedures and virus checks (including the implementation of anti-virus and security software as necessary) capable of satisfying accepted reasonable requirements for the accuracy of data input and output.

8. Up All Hours and Third Party Liability

Although it aims to moderate content on a timely basis, Up All Hours cannot guarantee it will monitor every communication, nor supervise the conduct of every subscriber. Monitors may be online to ensure that other users are adhering to our terms and conditions. Any monitoring activity may be undertaken by Up All Hours or an appointed external moderator, acting on our instruction. With this in mind, Up All Hours shall aim to remove content which is reported as being in breach of these terms and conditions, but cannot guarantee to do so at all times.

Much of the Website features material submitted by third parties. Up All Hours cannot accept liability for the accuracy or truthfulness of advice or information posted on or submitted to the Website, nor can it accept responsibility should you act in reliance on such advice or information. Given its remit as a social community, it follows that Up All Hours may not fully endorse, support, sanction, encourage or agree with the comments, opinions or statements posted or submitted by users. Any information or material submitted or posted to the Website by users, including advice and opinions, represents the view, and is the responsibility, of those that submit them. They do not necessarily represent the view of Up All Hours.

9. Copyright Material

The contents of the Website are protected by international copyright laws and relevant intellectual property rights. Up All Hours or any third-party licensors are the owners of the Website’s content, all rights reserved. It follows that product and company names and logos featured on the Website may be the trademarks or trading names of their respective owners, including Up All Hours or its commercial partners. You may not modify, copy, reproduce, re-publish, upload, post, re-transmit, loan or distribute, any material or information (either on or downloaded from the Website) including but not limited to text, graphics, video, messages, code and/or software without due acknowledgment. Should such action be conducted for any commercial gain, then prior consent must be sought from Up All Hours (in its absolute discretion).

10. Accessing Other Sites from Up All Hours

Up All Hours offers hypertext links to other websites or locations on the internet which we believe to be operated by others who offer services and/or products which complement or augment those offered by ourselves. In doing so, we make no claims or representations whatsoever about these sites or locations. Should you access a third party site or use its ‘buy’ function, in doing so you understand that such site is wholly independent from Up All Hours and we have no control over the content of that site, nor can we guarantee the services it appears to offer. Further, a link to any other site does not mean that Up All Hours endorses or accepts responsibility for its content. If you have any concerns regarding any external link on Up All Hours, you should – in the first instance – address your concerns to that site or its web manager. However, if you believe that the existence of that link is detrimental to the Up All Hours community, our administrators would welcome any comments you may wish to contribute.

11. Keeping Up All Hours up-and-running

Although we will make every effort to do so, we are unable to guarantee that our website will operate without interruption or be free from all errors. For technical reasons or otherwise, access to Up All Hours may become suspended. There may be no prior notice of this, especially in the event of system failure, maintenance or repair or for other reasons beyond our control.

You must not interfere with the proper working of the Website and, importantly, not try to over-ride security systems that are designed to protect subscribers. If you are provided with a user ID code, password or any other piece of information as part of your use of Up All Hours, it is important that you treat such information as confidential and not disclose it to any third party. We reserve the right to disable any user ID code or password, at any time, if – in our view – you are not complying with any of the provisions of these terms and conditions.

12. Controlling Subscriber Behaviour

We will not allow anyone to ruin the Up All Hours community for other users and we will do everything we can to protect our reputation and the enjoyment of the site. If anyone chooses not to comply with these term and conditions, Up All Hours reserves the absolute right, to consider any or all of the following:

• Immediately ban them from using the Website, temporarily or permanently
• Remove their material, reviews and/or comments at any time
• Issue a warning to them
• Take legal action against them
• Disclose such information to local law enforcement authorities as we reasonably feel necessary

We will only take such actions as those above if we believe them to be absolutely necessary. In doing so, we also exclude liability for any actions taken in response to breaches of our terms and conditions. If the responses described above prove not to be sufficient for the purpose intended, we reserve the right to take any further action we reasonably deem appropriate.

13. General

We may, at our discretion, assign or subcontract any or all of our rights and obligations under these terms and conditions.

We may alter these terms and conditions (which include and incorporate our personal privacy policy and cookies policy) from time to time and post a fresh version on the Website; these will then be the defining terms and conditions of the Website and your continued use of the Website after they are posted will signify your acceptance of them. Should any provision or term of our terms and conditions become or be declared illegal, invalid or unenforceable for any reason under UK law, it shall be divisible from them and shall be deemed to be deleted from them.

Our terms and conditions and your use of the Website are governed by English law and you submit to the non-exclusive jurisdiction of the English courts.

14. Notices

All notices shall be given to you at either the e-mail or postal address you provide during the registration process. Formal notice will be deemed received 48 hours after the e-mail is sent or if posted, 5 days after the posting date.

15. Governing Law

These terms and conditions and any dispute or claim (including any non-contractual claim) arising out of or in connection with them or their subject matter or formation shall be governed by and construed in accordance with the laws of England and Wales.

Privacy Policy

Both to improve our overall service to subscribers and to increase our value as a partner to reputable commercial companies, Up All Hours will collect, use and may disclose a limited amount of personal information.

This statement as it is incorporated into the terms and conditions of the Website sets out the principles governing our use of the personal information that you supply to the Website or provide during your use of it. By using the Website, you agree to our terms and conditions (including this personal privacy policy) and the use of your personal data as detailed in them.

When you join the Up All Hours community, you will need to provide certain personal information including – but not limited to:

• Name
• E-mail address

We will store this personal information securely and use it: to provide you with timely information;

• To send you the Up All Hours newsletter
• For the general use and improvement of the Website
• For the purpose of marketing communications. For example, Is member submit the reason Wet the Toilet/Potty Training and then how many members go on to read a review of different nappies.

By joining the Up All Hours community you not only accept our terms and conditions (which incorporate this personal privacy policy), but consent to being contacted for marketing purposes. We will only transfer or disclose personal information to official authorities if required to disclose such information by law. We may also transfer or disclose personal information on an internal basis, to our professional advisers and approved third parties contracted to support the administration of the Website and/or the successful operation of our community.

Depending on how you adjust your Up All Hours personal profile, [W]e may transfer or disclose your personal information to reputable third parties who may contact you with details of products or services which may interest you. This will only be where you have given your consent to being contacted by third parties by not ticking the ‘I do not want to be contacted box’ during your registration. Your preferences may be changed at any time by adjusting your user profile. When you use Up All Hours, we gather certain information about you, including details of your operating system, browser version, domain name and IP address, the URL you come from/go to and the parts of the Website you visit. We may also gather statistics, usage patterns and related information. We may disclose summaries of such data (but not the individual details) to third parties for marketing, advertising, profiling and other promotional purposes.

Cookie Policy

As you may know, a ‘cookie’ is not a crumbly biscuit, but a small file, which is stored by the Up All Hours browser on your computer’s hard drive. Our use of cookies is conventional and limited. We use them to store information such as your user ID and your session identifiers. Since our site aims to bring you personalised content, it is a necessary process if you want to enjoy Up All Hours at its best.

You can change your cookies settings. However, if you select a ‘no cookies’ setting, your site experience may be affected. You may be unable to access certain parts of the site,especially those tailored to bring you the most relevant information. You will also need to log in each time you use the site. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you log on.

Please note that it is standard practice for third party advertisers on the internet to use cookies and Up All Hours is no exception. We have no control of such cookies. There are inherent security implications involved through providing personal information over the internet and Up All Hours can not be held responsible for any breach of security unless we have been demonstrably negligent or incompetent. Of course, we will take all reasonable steps to protect your personal information from those seeking to access it unlawfully.

We may make further changes to this personal privacy policy and our policy on the use of cookies, either at our own discretion, in response to legislation or the wishes of the Up All Hours community. In accordance with our terms and conditions, any changes we may make will be posted on this page and govern future policy.

Your continued use of the Website after we have posted any changes to our terms and conditions (including changes to this personal privacy policy) will signify your agreement to all such changes.

f you would prefer to disable cookies on this site and on others. The most effective way to do this is to disable cookies in your browser. We suggest consulting the Help section of your browser or taking a look at the About Cookies website which offers guidance for all modern browsers