Terms of Service

  1. GENERAL

    • The Website www.nurturey.com (hereinafter referred to as “the Website”) is owned and operated by NURTUREY Limited with official place of abode at 9, Willett Way, Petts Wood, BR5 1QB, United Kingdom.
    • The present agreement governs the relationship between Nurturey Limited (hereinafter referred to as “the Company”, "us" or "we") and the Website Users, whether active Users with a registered account or guest users visiting the Website (hereinafter referred to as “Users” or “you”).
    • The scope of the present agreement shall extend to the Website, which has been developed and is operated by us, with an aim of provision of services of the Company or any of its affiliate entities to the User.
    • The present agreement is a reflection of the entire understanding of our relationship with you and it shall prevail any previous agreements, unless the Company, expressly and in writing, states otherwise.
    • The standard language of the agreement is English and in case of any conflict between human-readable form and machine-readable form, the human-readable form shall prevail.
    • UPON CREATION OF YOUR ACCOUNT AND ACCESSING THE SERVICES PROVIDED BY US, YOU EXPRESSLY AGREE TO BE BOUND BY OUR TERMS OF SERVICE AND OUR PRIVACY POLICY. WE DO NOT ACCEPT RESERVATIONS TO ANY TERM OF THE AFOREMENTIONED DOCUMENTS.
    • OUR SERVICES ARE CURRENTLY ONLY AVAILABLE IN BETA VERSION. THE COMPANY, ITS AFFILIATES AND EMPLOYEES SHALL NOT ASSUME ANY LIABILITY ARISING OUT OF THE USE OF THE WEBSITE AND SERVICES PROVIDED THEREIN BY ANYONE. ANYONE WHO USES THIS WEBSITE, SIGNS UP FOR A DEMO VERSION, BROWSES, DOWNLOADS AND PRINTS THE CONTENT PUBLISHED ON THE WEBSITE, PUBLISHES, SHARES, OR MAKES THEIR PERSONAL DATA AVAILABLE, SHALL BE SOLELY LIABLE AS WE STRICTLY DISCOURAGE USAGE OF THE SERVICES UNTIL THE OFFICIAL LAUNCH OF THE PLATFORM, WHEN ALL THE SECURITY MEASURES WILL HAVE BEEN INSPECTED AND VERIFIED

  2. PROVISION OF SERVICES

    1. At www.nurturey.com, Users can create accounts for their families, and upload and manage information and documents related to their children. Users can also share information or form groups with other Users on the Website. Information such as, but not limited to the following, can be uploaded and managed on the Website:

      1. Academic information
      2. Health related information
      3. Achievements & Milestones
      4. General activities and calendar
      5. Pictures, certificates and other documents
    2. New features and services are added on regular basis and the volume and type of information that can be managed on the Website will continue to expand.

  3. OWNERSHIP

    • The services offered by us including, but not limited to, any concepts, ideas, artwork, animations, sounds, methods of function, coding related to computer, moral and legal rights, documented archives, musical work, audio effects, profiles, accounts of Users, any non User published content except third party advertisements and any other data related to us and published by us are copyrighted works owned by us exclusively.

    • We reserve complete rights, without limitation, to all moral and intellectual property rights and related proprietary rights, in connection with the service, as further specified in our Copyright Policy.

    • We reserve the right to change, modify, alter, amend or delete any content on our Website without prior consent or information and with a just in time notice in situations we seem appropriate to.

    • No User shall have the right, without our express consent, to change, alter, modify, reproduce, amend, distribute or transfer all or any part of the materials specified in section 3.1, and in accordance with our Copyright Policy. Nothing within this clause shall be deemed to give rise to any liability on us due to User posted content on our Website or through our services. We reserve the right to terminate or suspend any account subject to the Section 10.

  4. ACCOUNT INFORMATION

    1. We allow our Users to create an account to use our services. They can create the account through our Website or through the following social networking and emailing Websites.

      1. Facebook
      2. Google
      3. Twitter
      4. Yahoo

      We also allow our Users to access our services through these social networking Websites. In order to access our services, we may require you to provide us with account information, login information and related content.

    2. Any inclusion of new Website shall be informed to the Users through notification on our Website or through email. We encourage our Users to confirm the authenticity of any other Website claiming to provide our services.

    3. We also reserve the right to publish latest offers, your activities and use your account to send invites to your friends unless it is expressly denied by you through privacy settings, as it is further stipulated in our Privacy Policy.

  5. USERNAME AND PASSWORD (LOGIN INFORMATION)

    1. In order to access our services, you will be required to provide a unique Username and a password for secure access. We DO NOT store your password with us. It is sent to you the moment it is auto-generated through computer.
    2. The Username and password are always necessary to use our services and jointly shall be referred to as Login information.

      1. The User shall be solely and fully responsible to maintain the confidentiality of their login information. The User shall refrain from making their login details known or available to any third parties. Company shall not be held liable for any loss or damage resulting from a loss of a User’s password.
      2. It is your duty to inform us of any possible or reasonable apprehension about any breach that is or has been caused to the service or this Agreement by any third party as soon as possible.
      3. You shall be held liable if any illegal or related activity has been committed using your account.

  6. ACCESS TO OUR SERVICES

    1. As further stipulated in the Privacy Policy, the Company acts in accordance with the provisions of EU Directive 95/46/EC. The User shall be aware of the following provisions, which regulate access to and use of the Services and the User is obliged to comply or agree with them;

      1. Nurturey is located in, intended and directed to users in the EU. If the User is a resident of a country, state or region outside the EU with laws or regulations governing personal data processing different from EU laws and regulations, you is hereby advised that through your continued use of the Website and Service, which are both governed by law of England and Wales, this Terms of Service and our Privacy Policy, you are transferring your personal information to the EU and you expressly consent to such transfer as well as for the consent to be governed by the laws of England and Wales for these purposes.
      2. The services shall be available for personal or non-commercial purposes exclusively and shall not be used to advertise, propagate, transmit or suggest any kind of commercial advertisements at any time.
      3. The services shall be available only for people above 18 years of age. Notwithstanding that, the Website can be operated by users under 18 provided that (a) a default consent form is signed by their parents’ or legal guardians, printed off, scanned and sent to us via e-mail; or (b) if the child’s parents or legal guardians created a child account on their profile.

        The Company has a right to expressly make it known to the User that they are allowed to use the Service. At no time is the Company obliged to accept the consent sent by any User.

      4. The User agrees to provide us with any accurate and truthful information for the purposes of account creation.

        1. The User must not create another account subsequently to the termination or suspension, whether permanent or temporal, of their original account .
        2. The User must not operate or intend to operate any account of any other User.
        3. The User shall at no point of time sell, rent, lease, sublicense, gift or transfer his account or any related information that may be used to operate your account to any other person with prior permission of the Company.
        4. The User shall use his account only for lawful purposes and no illegal conduct shall occur from such account.
        5. The User shall abide by these terms of use, our Privacy Policy and Cookie Policy.
        6. If the account is being operated from a social networking Website, then compliance with the terms and policies of the particular Website is also required.
        7. The User’s action must act in strict accordance with the law in place at
        8. The User’s action must act in strict accordance with the law in place at all times.
    2. Nothing in this clause shall prevent us from suspending or terminating your account as per provisions laid down in this agreement.

  7. USER POSTED OR PUBLISHED CONTENT

    • Upon account registration the User agrees to provide us with true, accurate and authentic information, which the User agrees to update, should it change with the time. Such information may include but is not limited to first name, last name, sex, age, marital status and address with post code. To know more about the information you provide to us, please see our Privacy Policy.
    • The User shall use the services of the Website in highly ethical manner without resorting to abusive or offensive content.
    • The User shall not post anything on the Website which may be and can be deemed as harmful to the interests of the Company or any associated parties.
    • The User shall have the freedom to post comments in forums, provide suggestions or proposals to us through support@nurturey.com Notwithstanding that, and complying with data protection legislation, in no event, the Company is obliged to
      1. Maintain any confidentiality of your submission, comment, proposal or information.
      2. Respond or accept your suggestions, comment, proposal, information or submission in any way.
      3. The Company reserves the right to employ any of your suggestions, submissions, information, comment or proposals without any prior notice, compensation or credit to you.
      4. The User shall be solely responsible for any liability arising out of the content posted by him through our services. You shall bear all responsibility for any defamatory, libelous, offensive, objectionable and abusive content you post or share, since the Company disclaims all liability in this matter and reserves the right to remove any content the Company deems inappropriate.
      5. The Company also reserves the right to repost, store, distribute, transfer and transmit any User posted content without any prior consent of the User as well as the right to access, monitor and store your messages to other Users, chat text, voice communication, comments in forums, IP address and other related personal information as further stipulated in our Privacy Policy.
      6. The User hereby agrees to indemnify us, NURTUREY Limited or any affiliated entities for any liability that it may have to incur due to the User posted content, as it is further stipulated in section 12.

  8. USER DISPUTES

    • The Users shall be solely responsible for their actions and interactions on the Website or while using the Service. At no time shall the Company be held liable for, involved in resolution of, or asked for compensation with regard to, any kind of dispute between any two or more members.
    • We ereby reserve the right to terminate the account of Users, who have, due to their public display of dispute, tarnished the image and popularity of our Website or whom we reasonably believe that may do so in future.

  9. OBLIGATIONS AND UNDERTAKINGS OF THE COMPANY

    1. The Company undertakes to provide the User with the Services according to the highest standards of professional ethics and good faith at all times. We hereby grant you a:

      1. Permission to create, maintain and operate your account via the Website or any of the Websites mentioned in Section 2.
      2. Permission to interact, post comments, publish, share and upload any non-commercial information
        while enjoying our Services with other Users.
      3. Permission to post information such as your photos, family details, academic details, etc.
    2. The Company will put its best endeavors to provide the User with a high quality service according to general commercial standards and policies of the Company. Notwithstanding that, the Company shall not be held liable for any loss or damage due to the unavailability of the platform, its servers, software or any other material related to the Platform.
    3. The Company will put its best endeavors to provide the User with a service in compliance with the EU Directive 95/46/EC, the Safety Harbour System principles and the Privacy Policy of the Platform. You can see the full version of our Privacy Policy here.
    4. Nothing within this section shall be deemed to give rise to any liability on the part of the Company.

  10. OBLIGATIONS AND UNDERTAKINGS OF THE USER

    1. The User shall, at all times-
      1. Use the account in a lawful and ethical manner, which shall not be in conflict of the intent and purpose of the service.
      2. Refrain from carrying out any activity that violates any term of the Privacy Policy, Cookie Policy or Terms of Service.
      3. Refrain from using the account to propagate hatred, disaffection or discontent among the local government or using our services for any political purpose.
      4. Report to us any violation of the Privacy Policy and Terms of Service or any case of abuse, falsehood or offensive language.
      5. Refrain from using abusive, obscene, defamatory, demeaning, libellous, threatening and offensive language while using our services.
      6. Refrain from using their account to hurt religious sentiments of any person. NO content shall be sexually, racially, regionally or in any way objectionable.
      7. Refrain from initiating or indulging in any activity that aims at disrupting, harming, overburdening of our system servers, computers and technical resources that have been employed to provide you with our services or facilitate the same.
      8. Refrain from using our services to harm the services of the SNS platforms though which it is using our services.
      9. Refrain from attempting to gain any access to our databases, User files and folders at any time.
      10. Refrain from attempting to gain unauthorised and unlawful access to accounts registered by other Users to access our services.
      11. Refrain from collecting and using personal information of other Users without our and User’s express permissions.
    2. The User shall, at no point of time-
      1. Use this service to commit a crime or facilitate the same.
      2. Infringe or attempt to infringe the intellectual property rights of the Company or any third parties.
      3. Take part or initiate an activity that will or have the potential to harm the commercial, business, technical or any related interests of www.nurturey.com or Nurturey Limited and affiliated entities.
      4. Use our services in any way to promote his commercial interests, commercial interests of a company of which he is an employee, commercial interests of any other company which is engaged in a similar business and is deemed by us to be a rival company to our business.
    3. The Company has a right, but is not obliged, to remove any, whether fully or partially, reported content, which might be deemed to be in violation of any law of the aforementioned policies when posted, shared or otherwise made available by the User,

  11. SUSPENSION AND TERMINATION OF ACCOUNTS

    1. We reserve the right to suspend, temporarily restrict, limit, alter, modify or permanently terminate User accounts under following conditions-
      1. When we sincerely and reasonably believe that or suspect that your activities are in violation of our terms of service and privacy policy or any related rule or guidelines released by us at any point of time.
      2. When we sincerely and reasonably believe that or suspect that your activities directly threaten or harm the commercial or any related interest of Nurturey Limited or any affiliated entities.
      3. When we sincerely and reasonably believe or have grounds to believe that your activities on the Website may give rise to legal disputes or liabilities for us or any affiliated entities.
      4. When your activities in the past have created or invited legal liabilities for us or any of our affiliated entities.
      5. When we sincerely believe, suspect or have evidence that your activities on the Website have infringed the intellectual property rights, whether ours or of third parties.
      6. When we sincerely believe, suspect or have evidence that your activities concerning dispute with another User have tarnished or might tarnish the images and goodwill of the Website.
    2. TERMINATION OF ACCOUNT INCLUDES DENIAL OF ACCESS TO YOUR ACCOUNT, REMOVAL OF ANY CONTENT YOU HAVE POSTED OR OTHERS HAVE POSTED FOR YOU AND DELETION OF YOUR ACCOUNT. WE SHALL NOT BE HELD LIABLE FOR OR SHALL BE BOUND TO PAY ANY AMOUNT OF COMPENSATION, BENEFIT- MONETARY OR NON-MONETARY, REFUND ETC. FOR ANY ACTION UNDER THIS SECTION RELATED TO SUSPENSION OR TERMINATION OF A USER ACCOUNT.
    3. The User reserves the right to terminate or delete their account without any prior notice to us by following the procedures given on the Website.

  12. INDEMNIFICATION

    • Users agree to indemnify and hold us, our employees, our officers, and our agents harmless from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from User’s use of the Website or from User’s violation of this Agreement or any third party’s rights including but not limited to, copyright, property, and privacy rights.
    • Users also hereby agree to indemnify and hold us, our employees, our officers, and our agents harmless from and against any and all liability arising out of the use of the Website which includes but is not limited to accessing the data and creating profile.
    • This indemnification and hold harmless obligation shall survive the termination of this Agreement.

  13. HYPERLINKS TO THIRD PARTY WEBSITES

    This Website might contain hyperlinks to other Websites operated by parties other than us, and other resources and advertisers. Such hyperlinks are provided for your reference only. We are not responsible for the availability of these external sites, any of its contents, advertising, products, or other materials. Any inclusion of hyperlinks to such Websites does not imply any endorsement of the material on such Websites or any association with their operators. Under no circumstances shall we be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused in connection with the use of or reliance on any content, goods, or services available on such external site. Any concerns regarding any external link should be directed to its respective site administrator or Webmaster.

  14. PERSONAL USE

    The User expressly agrees to use the Service strictly for personal purposes. The User shall not recompile, disassemble, copy, modify, distribute, transmit, display, circulate, broadcast, perform, reproduce, publish or create derivative works from, transfer, or sell any information, content, software, products, tools or services accessed from this Website. The User may not rent, lease, sell, sublicense or lend the Service to any other party, with or without consideration.

  15. SECURITY AND REPORTING

    • You agree that you are responsible for keeping your password to your account secret. We advise that you change your password regularly and use a password that is not easy for others to guess. We shall not be held responsible or liable for any third party access to your account that results from sharing by you, theft or misappropriation of your screen name and password. We reserve the right to suspend your access to the Website or terminate your account without any prior notification if we suspect an unauthorised person is attempting to access it.
    • You also agree to tell us immediately about: (i) any violation of these terms of use by other Users (including but not limited to other members) of which you become aware; and (ii) any known or suspected unauthorised access to your account.

  16. LIMITATION OF LIABILITY

    NEITHER PARTY SHALL BE LIABLE UNDER THIS AGREEMENT FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING, but not WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, LOST OR CORRUPTED DATA, LOST PROFITS, LOST BUSINESS OR LOST OPPORTUNITY, OR ANY OTHER SIMILAR DAMAGES UNDER ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY, EVEN IF THE OTHER PARTY HAS BEEN INFORMED OF THIS POSSIBILITY. USER ASSUMES ALL RESPONSIBILITY FOR THE SELECTION OF THE SUBSCRIPTION SERVICES, SOFTWARE AND DOCUMENTATION NECESSARY TO ACHIEVE USER’S INTENDED RESULTS, AND FOR THE USE AND RESULTS OF THE SUBSCRIPTION SERVICES OR WORK PRODUCT.

  17. DISCLAIMER OF WARRANTIES

    You acknowledge that the services are provided "AS IS" and "AS AVAILABLE" without warranty of any kind whatsoever. Employees, our affiliates, service providers make no warranty as to our Website and the entire risk is with you. WE EXPRESSLY DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF PERFORMANCE OR COURSE OF DEALING. WE MAKE NO WARRANTY OR GUARANTEE THAT THE CONTENTS OF THE SITE ARE COMPLETE, ERROR-FREE, OR THAT THE SITE WILL OPERATE IN A MANNER THAT IS SECURE (UNLESS OTHERWISE INDICATED), UNINTERRUPTED OR ERROR-FREE, OR THAT THE SITE IS OR WILL BE MAINTAINED FREE OF VIRUSES OR OTHER HARMFUL CODE. IT IS YOUR RESPONSIBILITY TO TAKE ANY AND ALL PRECAUTIONS TO ENSURE THAT THE INFORMATION YOU ACCESS AND USE FROM THE SITE IS FREE OF SUCH ITEMS AS VIRUSES, WORMS, TROJAN HORSES AND OTHER ITEMS OF A DESTRUCTIVE NATURE. CHANGES MAY BE MADE TO THE CONTENTS AND SOFTWARE ON THE SITE, AND THE PRODUCTS AND SERVICES DESCRIBED WITHIN OR OFFERED ON THE SITE, AT ANY TIME WITHOUT NOTICE. WE USE REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP TO DATE INFORMATION ON THE SITE. WE ARE NOT RESPONSIBLE FOR TECHNICAL, HARDWARE OR SOFTWARE FAILURES OF ANY KIND; LOST OR UNAVAILABLE NETWORK CONNECTIONS; OR INCOMPLETE, GARBLED OR DELAYED COMPUTER TRANSMISSIONS.

  18. ELECTRONIC AGREEMENT; NOTICE

    You understand and agree that we transact with our Users electronically and, therefore, we may provide you with required notices and terms electronically, either by sending you an e-mail to the address that you have provided to us, or by posting a notice on the appropriate Web page. By using the Sites or registering with us, you represent that you have the necessary equipment, software and internet access to read, review, print and store any terms or notices that we provide to you. Your affirmative act of either (i) accessing and using our Website, and/or (ii) registering with us, and/or (iii) providing a Submission, constitutes your electronic signature to this Agreement. You acknowledge that these Terms may not be denied legal effect or enforceability solely because this Agreement was formed electronically.

  19. FORCE MAJEURE

    We maintain that we shall not be held liable for any failure or departure from any duty laid down in Section 8 which has happened due to circumstances beyond our reasonable control which includes, but is not limited to, natural disasters like flood, earthquake, acts of God, war, terrorism, religious and other riots, economic and technological embargos etc.

  20. COMPLAINTS

    The User who experiences a problem with the Service provided by the Company should raise the matter directly to the Company via the form of contact provided at the Website. The Company will put its best endeavours, but is at no time obliged to, resolve the matter in question to the satisfaction of the User.

  21. APPLICABLE LAW, JURISDICTION AND DISPUTE RESOLUTION

    The Agreement is construed and shall be governed by the Law of England and Wales. Disputes between the parties arising out of the Agreement or in connection to the Services shall be submitted to the exclusive jurisdiction of the courts of London.

    In the event of any claim, immediate notice must be given to the Company (at support@nurturey.com) within seven (7) working days following the discovery of the facts or within thirty days as per date of completion of the Service.

    Nothing in this agreement shall prevent us from approaching a competent court for appropriate relief that may include, but is not limited to, interim relief, monetary relief, injunction, or restitution.

  22. SEVERABILITY

    Every clause of this agreement is deemed lawful, unless it is otherwise adjudicated by a competent court. We maintain that if any of the clauses or sections of this Agreement are adjudicated as unenforceable by a competent court, it shall not affect the enforceability of the rest of the Agreement, which shall continue to be in force without any change in understanding.

  23. CONTACT US

    WE DO NOT ACCEPT ANY RESERVATION TO OUR TERMS OF SERVICE, PRIVACY POLICY, COOKIE POLICY OR COPYRIGHT POLICY.

    Any question or suggestion regarding the Agreement shall be forwarded to support@nurturey.com.

    Last reviewed: July 2015