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LEGAL NOTICE
The terms and conditions set out below (the “Terms of Use”) apply to the entire contents of this website under the domain name “waterbabies.co.uk” (the “Website”) and to any e mail correspondence between us and you (“you”, the “user”). Please read these Terms of Use carefully before you start to use the Website. By using our Website you are confirming that you accept the Terms of Use and agree to abide by them. If you do not accept the Terms of Use, please leave the Website immediately.
1. ABOUT US
The Website is operated by Water Babies Limited, a company registered in England and Wales, whose registered office is at 205 High Street, Honiton, Devon EX14 1LQ. Our company registration number is 04322357.
Our VAT registration number is 191 5510 14. Our contact details are as follows:
Address:
205 High Street
Honiton
Devon
EX14 1LQ
General email: info@waterbabies.co.uk
Telephone number: 01404 548 348
2. ACCESS AND INFORMATION ABOUT YOU
2.1 Access to this Website is provided on a temporary basis and we reserve the right to withdraw or amend the whole or any part of the Website at any time without notice and without incurring any liability. From time to time we may restrict access to some parts or all of the Website to all users.
2.2 You are responsible for making all arrangements necessary for you to have access to our Website.
2.3 Any use of this Website or any materials provided on it other than in accordance with these Terms of Use is prohibited. If you breach these Terms of Use, your permission to use the Website terminates automatically and you must immediately destroy any downloaded or printed extracts from the Website.
2.4 Please see our Privacy Policy for details about what information we collect and how we will use and protect it. By using the Website you consent to such information processing and warrant that all personal information and data provided by you is accurate.
3. REGISTRATION
3.1 You will be able to access most areas of this Website without registering your details with us. You may however be offered the opportunity to subscribe and/or register to receive additional restricted access to the Website or information. We are not under any obligation to accept a request for registration or subscription and reserve the right to suspend or cancel your registration or terminate access at any time for any reason e.g. if your continued use is believed to prejudice us or other users, or if you breach these Terms of Use.
3.2 To register on the Website you must be over eighteen years of age.
3.3 Each registration is for a single user only. We do not permit you to share your user name and password with any other person or with multiple users on a network. Responsibility for the security of any passwords issued rests with you and if you know or suspect that someone else knows your password, you should contact us immediately.
3.4 If you subscribe to any e mail services (such as newsletters) your use of the content received through the e mail service will be subject to these Terms of Use.
4. TRANSACTIONS WITH US
4.1 Unless otherwise stated, orders of goods placed through the Website are subject to the Webshop Terms and Conditions and you should read them carefully.
4.2 Lessons are provided subject to the Lesson Terms and Conditions which should also be read carefully.
5. OWNERSHIP OF MATERIALS AND LICENCE TERMS
5.1 We are the owner or licensee of all intellectual property rights in the Website and in the material published on it. Those works are protected by laws and treaties around the world. All such rights are reserved.
5.2 Subject to
5.3, you are permitted to download and print materials from this Website for your personal use on the following basis:
(a) no material is modified in any way;
(b) no graphics are used separately from any accompanying text;
(c) our copyright, trade mark or other proprietary notices are not removed and appear in all copies;
(d) materials or the Website itself are not used for commercial purposes without our prior written consent;
(e) you do not do anything which may interfere with or disrupt the Website or our services.
5.3 No photographs in the Website may be reproduced for any purpose without our prior permission which must be obtained in writing.
5.4 Subject to clause
5.2, no part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written consent.
6. VISITOR MATERIAL AND CONDUCT
6.1 Other than information covered by the Privacy Policy, any material you send, contribute or post to this Website will be considered non-confidential and non-proprietary. We shall have no obligations with respect to such material. We shall be entitled to copy, adapt, disclose, distribute, publish, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial and non-commercial purposes. You warrant that you have obtained all necessary licences and/approvals in order to allow us such use.
6.2 You are prohibited from sending, contributing or posting to or from or via this Website any material:
(a) which is unlawful, harmful, threatening, defamatory, libellous, obscene, indecent, offensive, pornographic, abusive, harassing or racially or ethnically offensive, in breach of confidence or in breach of privacy;
(b) which discriminates based on race, gender, colour, religious belief, sexual orientation or disability;
(c) for which you have not obtained all necessary licences and/or approvals;
(d) which infringes the intellectual property rights or other rights of any third party;
(e) which constitutes or promotes illegal activity or gives rise to civil liability; or
(f) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
6.3 You must not misuse the Website or attempt to gain unauthorised access to it, the server on which the Website is stored or any server, computer or database connected to our Website.
6.4 You access the Website and download material from it at your own risk and we will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, programs, data or otherwise.
7. LINKS TO AND FROM OTHER WEBSITES
7.1 Where the Website contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk. Links to third party websites are provided solely for your convenience. If you use these links, you acknowledge that you are leaving this Website.
7.2 If you would like to link to this Website, you may only do so on the basis that you link to, but do not replicate, the home page of this Website, and subject to the following conditions:
(a) you do so in a way that is fair and legal and does not damage our reputation or take advantage of it;
(b) you do not remove, distort or otherwise alter the size or appearance of any Water Babies brand, trade mark or logo;
(c) you do not create a frame or any other browser or border environment around this Website;
(d) you do not in any way imply or suggest any form of association, approval or endorsement on our part where none exists;
(e) you do not misrepresent your relationship with us or present any other false information about us; and
(f) you do not otherwise use any Water Babies brand, trade mark or logo without our prior written consent.
7.3 We expressly reserve the right to withdraw linking permission without notice.
8. ACCURACY OF INFORMATION
8.1 We take care to ensure that the information on the Website is accurate and up to date. However, it may occasionally be inaccurate or out of date. We have no liability for any inaccurate information and reserve the right to correct it at any time.
8.2 The Website and all material available on it is provided “as is”, without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, the Website is provided to you on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which, but for these Terms of Use, might have effect in relation to the Website.
9. LIABILITY
9.1 We, any other party (whether or not involved in creating, producing, maintaining or delivering the Website), and any of our group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with: • the Website; • the use, inability to use or the results of use of the Website; and • any websites linked to the Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software or data or other property on account of your access to, use of, or browsing the Website or your downloading of any material from the Website or any websites linked to the Website. Nothing in these Terms of Use shall exclude or limit our liability for: • death or personal injury caused by negligence; or • fraud; or • misrepresentation as to a fundamental matter; or • any liability which cannot be excluded or limited under applicable law.
10. APPLICABLE LAW AND JURISDICTION
10.1 The courts of the Province of Ontario will have exclusive jurisdiction over any claim arising from, or related to, a visit to the Website or any aspect relating to use of your personal information or data under the Privacy Policy although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.
10.2 These Terms of Use and the Privacy Policy and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein.
11. VARIATION
11.1 We reserve the right to change these Terms of Use at any time. The new version will be posted on the Website and will take effect immediately upon posting. If you use the Website after the new Terms of Use have come into effect any further use of the Website indicates your agreement to be bound by the new Terms of Use. Some of the provisions contained in these Terms of Use may also be superseded by provisions or notices published elsewhere on the Website. These Terms of Use were last updated on [26/09/2019], with such update(s) taking effect on the same date.
1.PLACING AN ORDER
1.1 You are deemed to place an order with us by ordering via our online checkout process. As part of our checkout process you will be given the opportunity to check your order and to correct any errors. We will send you an order acknowledgement, detailing the products you have ordered.
1.2 Our acceptance of an order takes place when we despatch the order. When we despatch the order the purchase contract will be made even if your payment has been processed immediately, unless we have notified you that we do not accept your order or you have cancelled your order.
1.3 We may refuse to accept an order: (a) where goods are not available; (b) where we cannot obtain authorisation for your payment; or (c) if there has been a pricing or product description error.
2. PRICING
2.1 All prices include H.S.T. (where applicable) at the current rates. We reserve the right to express the price exclusive of H.S.T., but we shall show H.S.T. separately and include it in the total price. Our H.S.T. number is [778240911 RT 0001].
2.2 Where we charge separately for packing, delivery and insurance and other relevant charges, the appropriate rates are set out in the Shop.
3. CANCELLATION AND RETURNS POLICY
3.1 If you wish to cancel your order:
(a) you can notify us by email to orders@waterbabies.ca before we have dispatched the goods to you, including your order number; or
(b) where goods have already been dispatched to you, by returning goods to us in accordance with clause 3.2 below.
3.2 Provided that the goods are unused and remain in a re-saleable condition in their original packaging, you can return goods you have ordered from us for any reason at any time within 14 days of receipt for a full refund. The costs of returning goods to us shall be borne by you. If you wish to exchange the item for a different size simply return the item for a full refund and separately re-order a different size. Please include your order number and return to:
WB Master Canada Inc.
Unit 203
89 Tycos Drive
Toronto
Ontario
M6B 1W3
3.3
Upon receipt of the goods we will give you a full refund of the amount paid. These conditions do not affect your statutory rights if the goods are damaged or faulty in any way. TORONTO 77833-1 1540233v2
Privacy Policy
Water Babies Bubble Ltd (‘The Bubble’) is committed to preserving the privacy of all visitors to our website at www.waterbabies.ca. Please read the following privacy policy to understand how we use and protect the information, including personal information (i.e. information about an identifiable individual), that you provide to us.
All personal information provided by you through this website will be held by WB Master Canada Inc (‘WB Canada’), of 203-89 Tycos Drive, Toronto, Ontario, Canada. WB Canada’s Ontario Corporation Number is 2 6 1 2 3 3 3. Your personal information will also be transferred to The Bubble and securely held in a ‘private cloud’ at Rackspace in London, UK. The relationship between the The Bubble and WB Canada is such that The Bubble is a franchisor, and WB Canada is a franchisee. To comply with international data protection laws there is a data transfer agreement in place between WB Canada and The Bubble. The purpose of this agreement is to provide assurances that your personal information will be transferred and managed securely and in accordance with Canadian and UK data protection laws. The Bubble’s address is: 205 High Street, Honiton, East Devon EX14 1LQ, UK. Our UK data protection registration number is: Z9851533. Full details of our notified purposes can be viewed at the website of the UK Information Commissioner’s Office www.ico.gov.uk. For greater certainty, we want you to be aware that your personal information may be accessed by law enforcement and/or national security authorities in the UK, as well as in Canada, if required by applicable laws.
This privacy policy relates to personal information that you provide to us through this website. By visiting, registering or placing an order on this website, you consent to the collection, use and transfer of your personal information under the terms of this policy. There are hyperlinks contained within our website which link to other websites owned and operated by third parties. These third parties have their own privacy policies and we recommend that you consider those when using their websites. We do not accept any liability or responsibility in terms of the privacy and security practices of these third party organisations and their websites.
Information that we may collect from you
When you visit, register or order products or services on www.waterbabies.ca you may be asked to provide certain information about yourself, including your name, address, phone number, email address, medical conditions that your baby, you or another caregiver has or might have, your baby’s name, your baby’s date of birth, your baby’s weight and - if making an online purchase - credit card details. We use a third party specialist secure card processing provider when taking payments. Neither WB Canada nor The Bubble directly hold your card details. We assume no responsibility or liability whatsoever with respect to your credit card information in the event of a breach of confidentiality or security. We may also collect information about your usage of our website as well as information (including personal information) about you from messages you post to the website and e-mails or letters you send to us. Some of the information you provide to us may be considered sensitive personal data or information as defined by the UK Data Protection Act 1998 and/or under Canadian privacy laws. This means, for instance, information about the data subjects' ethnic or racial origin, political opinions, religious beliefs, trade union membership, physical or mental health, sexual life or criminal record. The Bubble also considers information relating to bank accounts, social insurance numbers, and other unique documents such as passport numbers as sensitive. We would advise users of this website to send such information by a more secure system such as encrypted email. Sensitive personal data will only be processed following your explicit consent.
Use of your information
Your information will enable us to provide you with access to all parts of our website and to supply the goods or services you have requested. It will also enable us to bill you and to contact you where necessary concerning your orders. We will also use and analyse the information we collect so that we can administer, support, improve and develop our business. In particular, we may use your information to contact you for your views on our services and to notify you occasionally about important changes or developments to the website or our services. Further, where you have consented, we might also use your information to let you know by email, SMS or post about other products and services which we offer which may be of interest to you. If you change your mind about being contacted in the future, please let us know. We can be reached at info@waterbabies.co.uk.
Disclosure of your information & marketing
Your personal information provided by you via our website will only be used by WB Canada, The Bubble and its subsidiaries and partner companies.
Where you have explicitly consented when providing us with your details, we may also allow other companies in our group, and carefully selected third parties to contact you occasionally about products and services which we believe may be of interest to you. They may contact you by e-mail. If you change your mind about being contacted by these companies in the future and/or revoking your consent, please update your marketing preferences via WaterWorld.
Finally, if our business enters into a joint venture with or is sold to or merged with another business entity, your personal information may be disclosed to our new business partners or owners. Unless required to do so by law, we will not otherwise share, sell or distribute any of the personal information you provide to us without your explicit consent.
Cookies
Our website uses cookies. Please see our cookie policy for further information.
Security and data retention
We employ security measures to protect your personal information from access by unauthorised persons and against unlawful processing, accidental loss, destruction and damage. We will retain your personal information for as long as is necessary for the required service to be provided to you. All retained personal information is subject to the controls of our data protection policy and will be securely disposed of when it is considered to be of no further use.
That being said, the internet is not completely secure. We cannot guarantee the security of your personal information transmitted through our website or by email. Any transmission is at your own risk. We will however notify you if your personal information is impacted by a privacy breach that could reasonably result in a real risk of significant harm to you. We will also report any such privacy breach to the authorities as required by applicable laws (including, without limitation, the Office of the Privacy Commissioner of Canada), and keep a record of any such privacy breach to the extent required by applicable laws.
Accessing and updating information; Withdrawing consent
You are entitled to access the personal information held about you and you may ask us to make any necessary changes to ensure that it is accurate, complete and kept up to date. If you wish to do this, please contact us either in writing at our head office address or by email at info@waterbabies.co.uk. We are entitled by law to charge a fee of $10 to meet our costs in providing you with details of the personal information we hold about you. You may also notify us that you wish to withdraw your consent to the collection, use and/or transfer of your personal information at any time, by contacting us at info@waterbabies.co.uk.
Changes to our privacy policy
Any changes to our privacy policy in the future, and the effective date thereof, will be posted to our website. This privacy policy was last updated on [28/08/2019].
Contact
All comments, queries and requests relating to our use of your personal information are welcomed and should be addressed to [Shawn Redwood], at info@waterbabies.co.uk. The www.waterbabies.ca website is operated by: The Bubble, a company registered in England and Wales, whose registered office is at 205 High Street, Honiton, East Devon EX14 1LQ. Our company registration number is 4322357.
Telephone number: +441404 548 348
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