Terms of service

Dearbump 

Terms & Conditions of Service

  1. Introduction

  1. Please read these terms & conditions carefully before using the Dearbump Platform consisting of https://www.dearbump.com , the dearbump app, digital support on WhatsApp, and any other website or application that is provided by the Platform & operated by Dearbump Limited ( “we”, “us”, “our” “ours”).  
  2. We may update the Terms from time to time for technical or legal reasons, or because the needs of our business have changed. Where we make a significant change, we will email You in advance with details of the change or via our website at https://dearbump.com 
  3. These Terms & Conditions together with our Privacy Policy confirms the basis on which You are permitted to access the Dearbump Platform and make use of our Platform, products, healthcare experts and services. If You do not agree to being bound by our Terms set out here then, please discontinue using the Platform. By continuing to use the Platform You are entering into a binding commitment between You and Dearbump confirming:
  1. You have, read, understand, and agree to be bound by these Terms
  2. You have the authority to enter into these Terms on a personal basis or on behalf of the legal entity that You have bound to these Terms.    
  1. If You have any queries regarding these Terms, please contact us at operations@dearbump.com

 

Use of the dearbump app

Subscription Terms

7-Day Free Trial
By subscribing to our app, you are eligible for a 7-day free trial period. During this trial, you will have full access to all subscription features at no charge.

Monthly Subscription
After the 7-day free trial period ends, you will be automatically enrolled in a monthly subscription plan. Your subscription will automatically renew each month unless canceled.

Automatic Renewal and Billing
Your subscription will automatically renew every month on the same day, and the charge will be billed to your payment method unless you cancel your subscription before the renewal date. By subscribing, you authorize us to charge the applicable subscription fees to your designated payment method.

Cancellation Policy
You may cancel your subscription at any time through your account settings in the app or through the app store from which you downloaded the app. If you cancel, your subscription will remain active until the end of the current billing period, and you will not be charged further.

  1. Use of midwife chat on website and on WhatsApp

  1. PLEASE TAKE SPECIAL NOTICE THAT OUR MIDWIFE CHAT SERVICE IS DESIGNED TO PROVIDE CLINICAL ADVICE AND SUPPORT FOR NON-EMERGENCY SITUATIONS ONLY.
  2. If You feel, or believe, You have, or may have, a need for emergency or care or that You are in labour or giving birth, You are advised to seek emergency medical attention immediately or labour care from Your care provider.
  3. Any clinical advice or professional opinion provided to You is entirely dependent upon Your complete honesty in providing all details of Your current pregnancy, and situation.
  4. This service is not intended to be a substitute for in person, face to face, medical care.
  5. Our live chat/virtual care is carried out by qualified and registered midwives, however, clinical advice and support given during the chat/consultation is not a substitute for the recommended care from Your current care provider.
  6.  Live chat/virtual care cannot give advice, support or guidance in emergency situations or during Your labour or birth. Please use the relevant emergency service to assist You in these times.
  7. If You think You may be suffering from any medical condition, You should seek immediate medical attention. You should never delay seeking medical advice, disregard medical advice or discontinue medical treatment because of a live chat.
  8. Due to the limited nature of communication through our live chat features, any assistance You may receive may require You to do further research on the subject or seek clarification via Your care provider.
  9. Midwifery services will cover pregnancy care and up to 12 month’s postpartum, to include access to neonatal advice for this period.
  10. Dearbump will provide the ‘live chat’ for 7 days a week, 9am - 5pm. Offline responses will be delivered within 24 hours from receipt of query.
  11. You agree to comply with the terms and conditions of any third party services, including WhatsApp, that we use to provide the Services or that are incorporated or accessible from the Platform.
  12. You give Your general written authorisation to us to appoint third-party Processors to process Your data in order to carry out duties necessary for You to use our Platform.

 

  1. Accessing and using our services

  1. we:
  1. do not make any promises that Your use of our Platform and Services will be uninterrupted or error-free or that the Platform and Services will be free from viruses, malware or similar harmful programming routines or content; and
  2. are not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and You acknowledge that the Platform, Services and any associated documentation may be subject to limitations, delays and other problems inherent in the use of such communications facilities.we may provide, when and if generally available, updates, enhancements or modifications of the Platform.
  3. All other conditions, promises. warranties or other terms which might have effect between the Parties or be implied or incorporated, whether by statute, common law or otherwise, are hereby excluded.

  1. Intellectual Property

  1. Your use of the Dearbump Platform grants no rights to You in relation to copyright, design rights, trade marks or other of our intellectual property rights (or the intellectual property rights of third parties).
  2. We provide the Dearbump Platform to You solely for Your personal, non-commercial use. The content of the website may not be used for any other purpose without our express written permission.
  3. You acknowledge and agree that we own all Intellectual Property Rights in the Platform, the Services and any associated documentation and, to the extent it does not automatically vest in You, the Service Data. Except as expressly stated in these Terms, these Terms do not grant You any rights to, under or in, any such Intellectual Property Rights.

 

  1. Confidentiality

  1. Each Party acknowledges that it may, in the course of performing its obligations under these Terms, receive the other Party’s Confidential Information. The Parties agree to hold all such Confidential Information in strict confidence and not to disclose the same to third parties or to use such Confidential Information for any purpose whatsoever other than the fulfilment of their obligations under these Terms. This provision will survive termination of the Agreement.

  1. Liability & Indemnity

  1. You are solely responsible for Your interactions with healthcare professionals and any other parties with whom You interact through the platform.  We at our sole discretion may intervene in any differences that You may have with Practitioners and or third-parties, subject to You accepting that we have no liability for any implications which are outcomes of such interactions.
  2. You shall indemnify and hold harmless Dearbump, its subcontractors, agents and employees from and against any and all claims, costs and liabilities howsoever arising and of whatsoever nature and whether in contract or in tort, including injury to or death of any person or persons or loss of or damage to any property arising out of or in respect of the performance by Your obligations under these Terms if and to the extent that such losses, costs, damages and expenses are caused or contributed to by the negligent acts or omissions by You or any persons for which You are otherwise legally liable.
  3. If we fail to comply with these Terms, we are responsible for loss or damage You suffer that is a foreseeable result of our breach of the Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by You and Us at the time we entered into this contract.
  4. We only supply the Boxes and the Products for domestic and private use. You agree not to use the Boxes or the Products for any commercial, business or re-sale purpose, and we have no liability to You for any loss of profit, loss of business, business interruption, or loss of business opportunity.
  5. we do not exclude or limit in any way our liability for:

death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors;

fraud or fraudulent misrepresentation;

breach of the terms implied by section 12 of the Sale of Goods Act 1979(title and quiet possession);

breach of the terms implied by sections 13, 14 and 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples);

defective products under the Consumer Protection Act 1987; or

any other matter for which it would be illegal for Us to exclude or attempt to exclude our liability

 

  1. Law and Jurisdiction

  1. Any dispute, controversy, proceedings or claim between the Parties relating to these Terms (including any non-contractual matters and obligations arising therefrom or associated therewith) shall fall within the jurisdiction of the courts of England and Wales.

 

  1. Our contract with You

  1. These Terms will apply to any contract between Us for the sale of Boxes to You (“the Contract”). Please read these Terms carefully and make sure that You understand them, before ordering any Boxes from our site. Please note that before placing an Order You will be asked to agree to these Terms. Please click on the button marked "I Accept" at the end of these Terms if You accept them. If You refuse to accept these Terms, You will not be able to order any Boxes from our site. After placing an Order on our standard order form, You will receive an e-mail from Us acknowledging that we have received Your Order. Please note that this does not mean that Your Order has been accepted. Your Order constitutes an offer to Us to buy Boxes by subscribing to our Service. All Orders are subject to acceptance by Us, and we will confirm such acceptance to You by sending You an e-mail that confirms that the first Box You are due to receive as part of the Service has been dispatched (Dispatch Confirmation). The contract between Us will only be formed when we send You the Dispatch Confirmation.
  2. Your Boxes will be delivered by several instalments, each such instalment shall be treated as a separate and identifiable contract. We will send You a Dispatch Confirmation via email to confirm when each Box You are due to receive as part of the Service has been dispatched. we shall be entitled to suspend or cancel delivery of any Box whilst payment is overdue in respect of any previous instalment or under any other contract with You, without prejudice to the exercise of any other rights hereunder or under any other such contract.
  3. Our website is only intended for use by people resident in the United Kingdom and for the promotion of our Service in the United Kingdom. Unfortunately, we do not accept Orders from individuals outside the United Kingdom.
  4. The images of the Boxes and the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that Your computer's display of the colours accurately reflects the colour of the Boxes or the Products. Your Boxes or Products may vary slightly from those images.
  5. The packaging of the Products may vary from that shown on images on our site.
  6. We welcome Dearbump being given as a gift. The gift purchaser is bound by the Terms. It is the sole responsibility of the gift purchaser to ensure that the recipient is aware of these Terms.
  7. You may only subscribe to our Service and purchase Boxes from our site if You are at least 18 years old.
  8. The Postcards contain general information about wellbeing related matters and are provided for information purposes only. Whilst we have taken reasonable steps to ensure that the information contained within them is correct no warranty is made, either express or implied, as to their accuracy or fitness for purpose. The material is not intended to be a statement of fact or procedure and should not be relied upon by You, or be conveyed to a third party, as such. Responsibility cannot be accepted by Us, or on behalf of Us for errors, omissions, misleading statements or the consequences thereof.

 

  1. Price and payment

  1. The prices of the Boxes will be as quoted on our site. We use our best efforts to ensure that the prices of Boxes are correct at the time the relevant information was entered onto the system.
  2. Prices for our Boxes may change from time to time, but changes will not affect any order which we have already confirmed with a Dispatch Confirmation.
  3. we will not charge Your account until we dispatch the first Box to You.
  4. Where You have chosen to take advantage of our subscription plan, we will not charge Your account until we dispatch the first Box to You and then every 28 days we will dispatch and charge You until Your final box. By choosing to use our subscription plan, You acknowledge that You shall be responsible for the payment of all recurring charges from the date of the Contract until Your final Box has been dispatched.
  5. Please note that should Your account fall into arrears, we reserve the right to cancel Your Order with immediate effect and seek payment in full of the outstanding amount.
  6. We use Stripe Pay or Paypal to securely collect/process transaction information.

 

  1. Right to Cancel and Refunds

  1. You have a legal right to cancel a Contract under the Consumer Protection (Distance Selling) Regulations 2000 during the period set out below in clause  10.2. This means that during the relevant period if You change Your mind or for any other reason You decide You do not want to keep Your first Box, You can notify Us of Your decision to cancel the Contract and receive a refund.
  2. Your legal right to cancel this Contract starts from the date of the first Dispatch, which is when the Contract between Us is formed. If the first Box has already been delivered to You, You have a period of 7 working days in which You may cancel, starting from the day after You receive the first Box. Working days means that Saturdays, Sundays or public holidays are not included in this period.
  3. Unless You confirm otherwise, we shall deliver each Box every 4 weeks from the first month of Your request. Should Your pregnancy end sooner than expected, You have the choice whether to cancel all remaining Boxes or to receive all outstanding Boxes up to Your final Box. You can terminate Your subscription or change Your payment method by logging in to Your customer account and editing through the 'Member's Login' tab.
  4. After the time period set out in clause 10.2 has expired, You may cancel Your subscription at any time before dispatch of Your next box. If You cancel after dispatch then You will still be charged for that box and this will be Your final payment. You will not be charged any cancellation fee. You can re-subscribe at any time following Your cancellation, but we reserve the right not to permit re-subscription here we have previously elected to terminate a subscription by You. On termination of Your subscription, Your outstanding payments will be cancelled. we are unable to cancel a payment which has already been processed.
  5. Subject to clause 10.1, we are not able to refund any one-off upfront lump sum payments made in full regardless of whether the Boxes are cancelled.
  6. we will usually refund any money received from You using the same method originally used by You to pay for Your purchase.

 

  1. Delivery of goods

  1. Your Boxes will be delivered by the estimated delivery date set out in the relevant Dispatch Confirmation, unless there is an Event Outside our Control. If we are unable to meet the estimated delivery date because of an Event Outside our Control, we will contact You with a revised estimated delivery date.
  2. The delivery of each Box shall be completed upon the delivery of each Box to the address You gave Us.
  3. The Box and the Products will be Your responsibility and at Your risk from the completion of delivery.
  4. You shall own the Box and the Products once we have received payment of all sums that are due to Us in full, including all applicable delivery charges.
  5. It is Your responsibility to report to Us through our website any Boxes which are not delivered within 7 days of the estimated delivery date set out in the relevant Dispatch Confirmation. Customers are requested to cooperate with the delivery company's investigations. Failure to do so will result in no refund being due to You.
  6. If You change Your address, it is Your responsibility to change the address details for Your account to ensure that no Boxes are sent to the wrong address. Please allow a minimum of 14 days' notice for any change of address.

 

  1. Damaged or Defective Products

  1. we warrant to You that any Boxes purchased from Us through our site and the Products will, upon delivery, be of satisfactory quality and be reasonably fit for all the purposes for which Products of that kind are commonly supplied
  2. You should inspect each Box and the Products as soon as possible after delivery and notify Us within 2 working days of delivery of any defects. We will, at our discretion, replace any defective Products that are notified to Us as having been damaged or containing a defect within this time and where the Box in question and all relevant Products contained within that Box have been returned to us within 7 working days of delivery. If You do not notify Us of any damage or defects to the Products within 2 working days of delivery or return the Box together with all relevant Products within 7 working days of delivery You shall be deemed to have accepted the Products.
  3. If You are dissatisfied with a Product in any way, please get in touch with Us via operations@dearbump.com. we retain the right to request a return of any defective Products by recorded delivery to Dearbump, 57 Hollybank Avenue, Liverpool, L14 7AG If a fault is agreed, a full refund will be given for the returned Products.
  4. The Products come with a manufacturer's guarantee. For details, please contact the manufacturer of the Products. This guarantee is in addition to Your legal rights in relation to the Products that are faulty or not as described.

 

  1. Our rights to cancel

  1. we may have to cancel Your subscription to our Service at any time before the final Box is dispatched to You due to an Event Outside our Control or the unavailability of stock. We will promptly contact You if this happens.
  2. If we have to cancel Your subscription to our Service under clause 13.1, any outstanding monthly payments will be cancelled.

 

  1. Events Outside our Control

  1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by an Event Outside our Control.
  2. An Event Outside our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, non-performance by suppliers or subcontractors, or failure of public or private telecommunications networks.
  3. If an Event Outside our Control takes place that affects the performance of our obligations under these Terms:
  1. We will contact You as soon as reasonably possible to notify You; and our obligations under these Terms will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside our Control.
  2. We will use our reasonable endeavours to bring the Event Outside our Control to a close or to find a solution by which our obligations under the Contract may be performed despite the Event Outside our Control. Where the Event Outside our Control affects our delivery of Goods to You, we will arrange a new delivery date with You after the Event Outside our Control is over.
  1. You may cancel the contract in accordance with clause 14.3 if an Event Outside our Control takes place and You no longer wish Us to provide the Goods. We will only cancel the contract if the Event Outside our Control continues for longer than 12 weeks.

 

  1. Waiver

  1. If we fail, at any time during the term of a Contract, to insist upon strict performance of any of Your obligations under the Contract or any of these Terms, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve You from compliance with such obligations.
  2. A waiver by Us of any default will not constitute a waiver of any subsequent default.
  3. No waiver by Us of any of these Terms will be effective unless it is expressly stated to be a waiver and is communicated to You in writing in accordance with clause 16 below.

 

  1. Severability

  1. If any of these Terms or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

  1. Transfer Of Rights And Obligations

  1. The Contract between You and Us is binding on You and Us and on our respective successors and assignees.
  2. You may not transfer, assign, charge or otherwise dispose of a Contract, or any of Your rights or obligations arising under it, without our prior written consent.
  3. We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.

  1. Notices

  1. We may give notice to You at either the e-mail or postal address You provide to Us when placing an Order, or such other address as You notify Us of. Notice will be deemed received and properly served 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

 

  1. Entire Agreement

  1. These Terms and any document expressly referred to in them constitute the whole agreement between Us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between Us relating to the subject matter of any Contract.
  2. We each acknowledge that, in entering into a Contract, neither of Us relies on any representation or warranty (whether made innocently or negligently) that is not set out in these Terms or the documents referred to in them.
  3. Each of Us agrees that our only liability in respect of those representations and warranties that are set out in this Contract (whether made innocently or negligently) will be for breach of contract.
  4. Nothing in this clause limits or excludes any liability for fraud.

 

  1. Definitions

When the following words are used in these Terms, this is what they will mean:

We/our/Us: Dearbump, a company incorporated and registered in England and Wales with Company Number 11217852 whose registered office address is at 57 Hollybank Avenue, Liverpool, L14 7AG.

Boxes: the boxes that we are selling to You as set out in the Order; 

Order: Your order for the Boxes;

Postcards: the information postcards which we may from time to time include in the Boxes;

Products: the products contained within the Boxes;

Service: the supply of Boxes in accordance with Your subscription to Dearbump;

Terms: the terms and conditions set out in this document;

Confidential Information: means, in relation to either You (the user) or Dearbump, information which is disclosed to that Party by the other Party pursuant to or in connection with this Agreement (whether orally or in writing or any other medium, and whether or not the information is expressly stated to be confidential or marked as such);

Platform: means Dearbump’ website, digital support on WhatsApp, and any other website or application that is provided by the Platform & operated by Dearbump Limited;

Customer Data: means the data inputted by You for the purpose of using the Dearbump Platform or facilitating Your use of the Platform and providing the Services;

Intellectual Property Rights: means patents, utility models, rights to inventions, copyright and related rights, trademarks and service marks, trade names and domain names, rights in get-up, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to preserve the confidentiality of information and any other intellectual property rights.

Service Data: means any anonymised and/or aggregated data (for example analytical and performance data) generated by or obtained through you, but excluding any of Your Confidential Information or any User Personal Data;

Services: means the services provided by us to You, including provision of the Platform;

Term: means the Initial Term and any Renewal Terms of subscription service;

Terms: means these terms and conditions and any documents, policies, or terms;

WhatsApp: the Platform operated by Facebook Inc. and/or its affiliates (or their successors or licensees).

When we use the words "writing" or "written" in these Terms, this will include e-mail unless we say otherwise.

  

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