These Terms of Use set out the agreement between you and HeyBabyOnline Limited when you use our website, mobile apps, or directory of postnatal practitioners. Please read them carefully.
In order to access and use our Products, you must have an account ("Account") that contains certain information about you. You represent and warrant that (a) all required information you submit is truthful and accurate; and (b) you will maintain the accuracy of such information. You may delete your Account at any time, for any reason, by following the deletion instructions in the Products or by contacting us at hey@heybabyonline.com. We may suspend or terminate your Account in accordance with Section 17 (Termination). You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify us of any unauthorised use, or suspected unauthorised use, of your Account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to comply with these requirements.
The Products include features that are available only to users with an active paid subscription (each, a "Paid Offering"). Two distinct Paid Offerings are currently available:
Current prices, billing periods, and the features included in each Paid Offering are described in the Products and on heybabyonline.com. We may change prices, periods, or feature sets from time to time, in line with sections 2.2 and 2.7. Where we make material changes to your existing subscription, we will notify you in line with section 2.7 and the change will not take effect until your next billing period.
Before you subscribe to a Paid Offering, you will be shown:
You confirm acceptance of these by completing the in-app subscription flow. By doing so, you authorise HeyBaby — through the relevant payment processor (Apple, Google, or Stripe, as applicable) — to bill the payment method you have provided.
Each subscription renews automatically at the end of its billing period, at the then-current price for the same billing period length, unless you cancel before the renewal date. To avoid being charged for the next period, you must cancel at least 24 hours before the next renewal date. Apple App Store, Google Play, and Stripe each enforce this independently of HeyBaby, and HeyBaby cannot prevent a charge that has already been initiated by these processors.
You can see your current subscription, the next renewal date, and the price at any time:
You may cancel a subscription at any time. The cancellation route depends on the type of subscription:
If you cannot access either of these routes for any reason, contact us at hey@heybabyonline.com and we will help.
Cancellation takes effect at the end of the current billing period. Your subscription remains active, and you continue to have access to the relevant Paid Offering, until the end of the period you have already paid for. After that, the subscription does not renew and you are not charged again.
The Founding Partner tier of the professional subscription is offered at a reduced rate of £9.99 per month, locked at that rate for as long as the subscription remains continuously active. The following terms apply specifically to this tier:
From time to time we may issue voucher or promotional codes that grant free or discounted access to a Paid Offering for a defined period. The following applies to all such vouchers:
We may change the fees for our Paid Offerings from time to time. Where we change the fees for a subscription you currently hold, we will notify you by email (to the address you provided for your Account) and within the Products, at least 30 days before the change takes effect. The new fee will apply from the start of your next billing period after that 30 days. If you do not wish to continue at the new fee, you can cancel before the new fee takes effect using the routes in section 2.4 — and you will continue to have access at the old fee until the end of your current billing period.
If a payment fails or any amounts you owe to HeyBaby are past due, we may:
We will notify you before taking any of these steps and give you a reasonable opportunity to update your payment method.
HeyBabyOnline owns and provides the Products. The content and information available on the Products (the "Site Content"), including data created as you use the Products ("Product Data", see section 3.2) and user feedback ("Feedback", see section 3.3) but excluding any content submitted by users of the Products ("User Content", see section 3.4), is owned by HeyBabyOnline. Subject to these Terms of Use, HeyBabyOnline grants you a limited licence to:
You agree not to remove any copyright, trademark or other proprietary rights notices contained in or on the Products or Site Content; or "frame" or "mirror" any part of our Products or Site Content without prior written consent from HeyBabyOnline. Any unauthorised use, reproduction, modification, distribution, display, or performance of the Products or any Site Content is strictly prohibited. You shall not disassemble, reverse compile or reverse engineer any part of the Products or Site Content. HeyBabyOnline reserves all rights not granted in these Terms of Use.
The information that is created when you sign up to use our Products or in the course of using our Products — for example, data regarding your child's sleep or data generated by your use of or progress in the Products (collectively, "Product Data") — is owned by HeyBabyOnline.
If you provide any comments, testimonials, feedback or suggestions to HeyBabyOnline regarding the Products, or any of HeyBabyOnline's services (collectively, "Feedback"), HeyBabyOnline may use such Feedback for any purpose. So that we may incorporate such Feedback into HeyBabyOnline's Products and services, HeyBabyOnline alone will own all right, title and interest, including all related intellectual property rights, in and to all such Feedback, and in consideration for your use of the Products and Site Content, you assign such Feedback to HeyBabyOnline free of charge.
User Content refers to any publicly available content that you submit to us, such as comments in the community or the Postnatal Professional bio page. User Content does not include Product Data. We do not claim ownership in any of your User Content. You grant us a worldwide, perpetual, irrevocable, non-exclusive, fully-paid and royalty-free licence, with the right to sublicense through multiple levels, to store, reproduce, perform, display, transmit, distribute, create derivative works of, and otherwise use your User Content in connection with providing our Products. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content. You should only upload User Content (a) for which you are willing to grant the licences described above and (b) for which you have sufficient rights to grant those licences.
There are no implied licences granted in these Terms of Use.
You acknowledge and agree that the availability of the Products as web applications on mobile phones and tablets is dependent on the third party from which you received the Products (the "App Store"), e.g. the Apple App Store or Google Play Store. You acknowledge that these Terms of Use are between you and HeyBabyOnline and not with the App Store. Each App Store may have its own terms and conditions to which you must agree before downloading the Products from it. You agree to comply with, and your licence to use the Products is conditioned upon your compliance with, all applicable terms and conditions of the applicable App Store. The following additional terms apply to you if you obtained the Products from the Apple App Store. To the extent the other Terms of Use are less restrictive than, or otherwise conflict with, the terms in this Section 4, the more restrictive or conflicting terms in this Section 4 apply, but only with respect to Products from the Apple App Store.
The following additional terms apply to you if you obtained the Products from the Google Play Store. To the extent the other Terms of Use are less restrictive than, or otherwise conflict with, the terms in this Section 4A, the more restrictive or conflicting terms in this Section 4A apply, but only with respect to Products from the Google Play Store.
You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that makes you or any third party personally identifiable. You agree that you will use the Products in a manner consistent with all applicable laws and regulations.
You agree that you will not post, exchange, make available, provide, or process any Prohibited Content on the Products. "Prohibited Content" means content that we believe, in our reasonable discretion, is objectionable, offensive, harmful (including computer viruses) or unlawful, or content that may cause harm to us, our Products, or other users, directly or indirectly.
Any use of our Products in violation of these Terms of Use may result in, among other things, immediate suspension or termination of your Account and/or suspension or termination of your rights to use our Products. All suspension decisions are made in our reasonable discretion and may be made without prior notice to you. To cooperate with legitimate and lawful requests, to protect our systems, affiliates, service providers, partners, and other users, or to ensure the integrity and operation of our business and systems, we may access and disclose any information or content we consider necessary or appropriate, including your Account information (i.e. name, email address), IP address and traffic information, usage history, and your User Content. All such disclosures shall be made in compliance with our Privacy Policy.
We have the right (but not the obligation) to review any or all portions of your User Content and delete (or modify) any of your User Content from our Products for any reason, including if we believe, in our reasonable discretion, that your User Content violates these Terms of Use or is Prohibited Content, or may otherwise threaten the safety of, or harm any other person, or create liability for us or any other person. We reserve the right (but have no obligation) to investigate and take appropriate action, including removing the Prohibited Content from our Products (or modifying it), suspending or terminating your Account and/or suspending or terminating the provision of our Products, and reporting you to law enforcement authorities, in our reasonable discretion, if you violate this provision or any other provision of these Terms of Use.
You will not:
Without limiting the general definition of Prohibited Content in section 5.1, the following are also Prohibited Content and Conduct on HeyBaby. These apply to all users — parents, practitioners, and visitors — wherever they post or communicate within the Products (including profiles, messages, Ask the Expert questions and answers, community replies, and reviews):
A breach of this section 5.5 may result in any of the consequences set out in section 5.2. Breaches by practitioners are also handled under section 8.5 (suspension and delisting) and HeyBaby's complaints process (Section 7A).
"Public Areas" are those areas of our Products such as the Postnatal Professional Directory, chat rooms or forums, message boards, bulletin boards, news groups, and pages that include testimonials, to which you may send communications that are publicly available to anyone who may have access to that public area. You should be careful about your communications in Public Areas because these communications disclose to the public your Account username and any personally identifiable information you choose to disclose. Any information you include in any public profile is also available to others. You (and not HeyBabyOnline) are solely responsible for your communications and the consequences of posting these communications to any Public Area.
The Products may contain links to other websites or services operated by third parties or advertisements for third parties (collectively, "Third Party Sites"). Third Party Sites are not under our control and we are not responsible for the content of any Third Party Site or any link contained in a Third Party Site. HeyBabyOnline provides these links only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Sites. If you decide to access or use any of the Third Party Sites linked to the Products, you do this entirely at your own risk. Third Party Sites are not subject to these Terms of Use or the HeyBabyOnline Privacy Policy, but are subject to their own terms and policies, including those relating to privacy, tracking and data gathering practices.
We may provide links and referrals to you of third party services that we believe may be beneficial to you or your child ("Third Party Referrals"). Postnatal Professionals and Third Party Referrals are not under our control and, beyond the verification process described in Section 8.2, we are not responsible for any services they may provide. HeyBabyOnline provides these referrals only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to these third party services. If you decide to contact or work with any Third Party Referral, you do this entirely at your own risk.
HeyBabyOnline is developed and hosted with the support of third-party service providers. While we take reasonable steps to work with reputable and reliable partners, we do not guarantee the uninterrupted or error-free operation of the Products, nor can we warrant that defects will be corrected or that the platform will be free of viruses or other harmful components. You acknowledge that HeyBabyOnline is not liable for any loss, damage, or disruption (including loss of data or business interruption) caused by the services of third parties involved in the development, hosting, or maintenance of the Products. Your use of the platform is at your own discretion and risk.
Each user of the Products is solely responsible for any and all of his or her User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content and we make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content, and we assume no responsibility for any User Content. Your interactions with other users of our Products are solely between you and such user. You agree that HeyBabyOnline will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any user, we are under no obligation to become involved.
Practitioners listed on HeyBaby — both Listed and Verified — are independent of HeyBaby and are subject to the additional terms set out in Section 8 (Practitioners), which they accept during the in-app professional registration flow. Each practitioner is solely responsible for the services, advice, and recommendations they provide to parents through HeyBaby. Any service relationship between a parent and a practitioner is between those parties; HeyBaby is not a party to that relationship and does not act as the practitioner's employer, agent, supervisor, or insurer.
You release and forever discharge us from, and waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, any interactions with, or act or omission of, other users of our Products, Third Party Sites or Third Party Referrals. This release does not extend to any liability that cannot lawfully be released or excluded under applicable law.
HeyBaby operates a structured complaints process for concerns raised about practitioners listed on the platform. The full process is set out in HeyBaby's Verification Standard Operating Procedure, with a public summary available on heybabyonline.com.
This section does not affect any other rights you may have to raise concerns through external bodies (for example, professional regulators where the practitioner holds a regulated registration, or the Information Commissioner's Office for data protection concerns).
This Section 8 applies to any user who registers a professional account on HeyBaby, regardless of whether they hold a paid subscription tier. Where these terms conflict with the general Terms of Use, this Section 8 prevails for professional accounts. By completing the in-app professional registration flow, a practitioner confirms that:
HeyBaby distinguishes between two states for practitioners:
Verification provides reasonable assurance that the practitioner held the credentials, insurance, clearances, and demonstrated practice standards described in the Verification Standard at the date of the verification. Verification is not a guarantee of the practitioner's ongoing conduct, of any particular outcome, or of the suitability of any specific service for a given parent or child. Practitioners are independent of HeyBaby; they set their own pricing, scope, and availability, and any service relationship between a practitioner and a parent is between those parties only. HeyBaby is not a party to that relationship.
A Partner subscription with HeyBaby does not by itself confer the Verified badge. Verification is a substantive process applied for separately, and not all Partner subscribers will be verified. Subscription fees are not refundable in the event a practitioner applies for verification and does not pass.
Every practitioner registered on HeyBaby — whether Listed or Verified — agrees to the following commitments. These apply across all professional categories supported on the platform, including (without limitation): sleep practitioners, doulas, lactation consultants, baby massage and osteopathy practitioners, postnatal fitness specialists, health visitors, feeding and nutrition specialists, mental health and wellbeing practitioners, physical recovery specialists, paediatric first-aid trainers, community organisers, and childcare professionals.
Where a commitment refers to a requirement that depends on the practitioner's discipline or operating model (for example, professional indemnity insurance, DBS check, or specific regulatory registration), the practitioner agrees to hold whatever is appropriate and current for their own practice. These commitments are not a substitute for the rules of a practitioner's own regulatory body — they are the floor for being listed on HeyBaby in addition to those rules.
The practitioner agrees that they will:
The practitioner will not present advice, services, or claims outside the scope of their qualifications and experience. Where a parent's needs fall outside the practitioner's scope, the practitioner will refer the parent onwards to an appropriate professional.
The practitioner will present approaches and recommendations as options, with their evidence base and trade-offs, and will respect parental autonomy — except where established public-health guidance applies, in which case the practitioner will follow the safer-sleep clause at 8.3.3.
The practitioner will provide guidance consistent with current NHS and Lullaby Trust safer-sleep recommendations. The practitioner will not recommend sleep practices that contradict this guidance — including but not limited to back-to-sleep positioning, firm flat clear sleep surface, smoke-free environment, and age-appropriate co-sleeping advice. Where the practitioner's own professional view differs from these recommendations, the practitioner will make that difference explicit and direct parents to the authoritative source rather than substitute their own advice. This applies whether or not sleep is the practitioner's primary professional discipline. The practitioner acknowledges that breach of this commitment is an explicit ground for delisting from HeyBaby.
The practitioner will treat all client information as confidential, share only what is necessary for the engagement, and store information securely in line with UK GDPR.
The practitioner will hold current professional indemnity and public liability insurance. Where the practitioner's practice involves direct interaction with children or vulnerable individuals, the practitioner will hold a current enhanced DBS check (or Disclosure Scotland / AccessNI equivalent). The practitioner will engage in continuing professional development sufficient to keep their practice current.
The practitioner will disclose to HeyBaby and to clients any commercial relationships, brand sponsorships, multi-level marketing affiliations, or related businesses that could be material to the advice or services they provide.
Where the practitioner becomes aware of concerns about a child's welfare, perinatal mental health concerns, or other safeguarding matters, the practitioner will follow appropriate referral pathways and not handle the matter outside their scope.
If a concern is raised about the practitioner's practice via HeyBaby's complaints process, the practitioner will engage in good faith, provide a timely response, and accept the outcome of the process subject to their right of appeal.
The practitioner will not claim qualifications, accreditations, or experience they do not hold, and will keep their HeyBaby profile consistent with their external public profiles.
The practitioner will inform HeyBaby promptly — and in any event within 30 days — if any of the following changes during their time on the platform: lapse or withdrawal of their professional indemnity or public liability insurance; lapse, withdrawal, or non-renewal of their DBS check (where their practice requires one); regulatory action, suspension, or removal of registration by any professional body; an upheld complaint by another professional register; criminal charge or conviction relevant to their practice; a material change to their scope of practice or the services they offer; ceasing to operate as a practitioner. The practitioner acknowledges that the platform relies on this active duty to inform, in place of an annual re-acceptance cycle, and that failure to inform is itself a ground for delisting under section 8.5.
Acceptance of this Section 8 is captured at the point of professional registration. HeyBaby records the date, time, IP address, and version of the Terms of Use accepted against the practitioner's account, and retains this record for the duration of the listing plus 6 years.
HeyBaby may update this Section 8 from time to time. Changes are categorised as follows:
Practitioners who do not re-accept material updates within 30 days from notification may have their pro-account features restricted until they do so, but their account remains active and they can re-accept at any time to restore full access.
HeyBaby may suspend or remove a practitioner's listing where:
Where a listing is suspended or removed, the practitioner retains their right of appeal as set out in HeyBaby's complaints process. Outstanding professional subscription fees are not automatically refunded; refunds are considered case by case in line with the Verification Standard and the platform's general refund position.
The practitioner acknowledges that they are independent of HeyBaby and that any services, advice, or recommendations they provide to parents through the HeyBaby platform are provided on the practitioner's own account and at the practitioner's own risk. In particular, the practitioner agrees that:
The practitioner agrees to indemnify HeyBaby and its directors, officers, employees, agents, successors, and assigns (the "Indemnified Parties") against any claim, liability, loss, injury, damage, cost, or expense (including reasonable legal fees) incurred by an Indemnified Party arising directly out of or relating to:
For the avoidance of doubt, this indemnity does not extend to claims arising from HeyBaby's own conduct — including the operation of the verification process, the operation of the platform itself, or HeyBaby's compliance with its own commitments to practitioners and parents.
Acceptance of this Section 8 is the contractual basis for being listed on HeyBaby. It is separate from, and does not by itself confer, the Verified badge. Verification is described in HeyBaby's Verification Standard. Holding a Partner subscription makes a practitioner eligible to apply for verification at no additional cost; it does not guarantee a positive verification outcome.
The Products, Site Content, User Content, and your Product Data are for informational purposes only and are not intended to substitute for professional medical advice, diagnosis, or treatment. You should seek the advice of a doctor or other qualified health provider with whom you have such a relationship if you have questions regarding any medical condition or if you or your child are experiencing any symptoms of, or believe you may have, any medical condition, regardless of any information contained within the Products, Site Content, User Content, or your Product Data. You should not ignore professional medical advice or delay in seeking it because of any information contained within the Products, Site Content, User Content, or your Product Data. Furthermore, you should not interpret any information contained within the Products, Site Content, User Content, or your Product Data as recommending any specific treatment plan, product or course of action. You should always consult your doctor or other qualified health provider before starting any new treatment or stopping any treatment that has been prescribed for you by your doctor or other qualified health provider. If you believe you or your child are experiencing any negative effects or illness from using the Products, you should immediately stop such use and contact your doctor or other qualified health provider as well as HeyBabyOnline at the address specified below. We do not guarantee the accuracy, completeness or timeliness of any information contained within the Products, Site Content, User Content, or your Product Data.
Any guidance or support received from practitioners found through HeyBabyOnline is solely between the user and the practitioner. The verification process described in Section 8.2 provides reasonable assurance about the credentials and standards of Verified practitioners but does not constitute medical endorsement of any specific advice or service. Users are encouraged to exercise their own judgment and seek advice from qualified medical practitioners when necessary.
By using the Products, you acknowledge and agree that HeyBabyOnline is not liable for any decisions made or actions taken based on information obtained via the Products or through any listed practitioners.
We are not obligated to back up any of your User Content or your Product Data. You are solely responsible for creating backup copies of and replacing any of your User Content that you post or store on our Products.
HeyBaby may collect personal information from you in connection with your use of the Products. The collection, use, sharing, and retention of that information is governed by the HeyBabyOnline Privacy Policy at heybabyonline.com/privacy-policy, which forms part of these Terms of Use. By using the Products you confirm that you have read and accept the Privacy Policy. If anything in this Section 11 conflicts with the Privacy Policy, the Privacy Policy prevails for matters of data protection.
The Products are designed for parents and other primary caregivers to use in connection with caring for their children. In the course of normal use, the Products will collect information about a child — including the child's name, date of birth, prematurity status, sleep, feeding, nappy and other care logs, and any notes you choose to record. This is children's personal data under UK GDPR and is treated by HeyBaby as such.
By creating an account and recording information about a child, you (the account holder) confirm that:
HeyBaby does not contact children directly, does not market to children, and does not sell or share children's data for advertising. Where children's data is shared with a practitioner, it is shared only with the parent's explicit instruction in line with section 11.4.
You acknowledge that some of the data the Products collect — sleep, feeding, nappy, and similar care logs, and any health-related information you choose to add in notes or in the course of communicating with practitioners — is health-adjacent. HeyBaby processes this data on the lawful bases set out in the Privacy Policy and in line with the additional safeguards described there. The Products are not a medical device, do not provide medical advice, and are not a substitute for advice from a qualified healthcare provider, as set out in Section 9 (No Medical Advice) of these Terms of Use.
The Products include a feature that allows a parent to share specific log data with a Partner-tier practitioner. This is a substantive feature governed by the following terms:
Where a practitioner applies for verification, additional categories of data are processed as part of the verification process. Some of this data is sensitive — including DBS-derived information, which falls within Article 10 of the UK GDPR (data relating to criminal convictions and offences). The lawful bases, retention periods, and handling of this data are set out in the Privacy Policy and (for HeyBaby's internal operation) in the Verification Standard Operating Procedure. By applying for verification, the practitioner consents to the processing described there.
HeyBabyOnline respects the intellectual property of others and asks that users of our Products do the same. In connection with our Products, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our Products who are repeat infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of our Products, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification must be provided to our designated Copyright Agent:
Please note that any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and legal fees incurred by us in connection with the written notification and allegation of copyright infringement.
The designated Copyright Agent for HeyBabyOnline is: Sharn Hawkins.
Email: hey@heybabyonline.com
HEYBABYONLINE IS PROVIDING THE PRODUCTS AND ANY SERVICES PROVIDED BY HEYBABYONLINE HEREUNDER ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR USE AT YOUR OWN RISK. EXCEPT AS REQUIRED BY LAW, HEYBABYONLINE DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY WARRANTIES OF TITLE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND QUIET ENJOYMENT. HEYBABYONLINE DOES NOT PROMISE, GUARANTEE OR WARRANT ANY SPECIFIC RESULTS FROM YOUR USE OF THE PRODUCTS. HEYBABYONLINE (AND ITS SUPPLIERS) DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE SITE CONTENT OR THAT THE PRODUCTS OR ANY SERVICES PROVIDED BY HEYBABYONLINE HEREUNDER WILL BE PROVIDED FREE OF VIRUSES OR OTHER HARMFUL CODE, UNINTERRUPTED, OR ERROR FREE OR THAT ALL ERRORS WILL BE CORRECTED. THE SITE CONTENT IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER HEYBABYONLINE NOR ITS LICENSORS OR SUPPLIERS ARE ENGAGED IN RENDERING MEDICAL, LEGAL, OR OTHER PROFESSIONAL SERVICES OR ADVICE. THE SITE CONTENT IS INTENDED SOLELY FOR YOUR INFORMATIONAL PURPOSES AND IS NOT INTENDED AS MEDICAL ADVICE, OR TO BE USED FOR MEDICAL DIAGNOSIS OR TREATMENT, FOR ANY PROBLEM. IT IS ALSO NOT INTENDED AS A SUBSTITUTE FOR PROFESSIONAL ADVICE AND SERVICES FROM A QUALIFIED HEALTHCARE PROVIDER FAMILIAR WITH YOUR OR YOUR CHILD'S UNIQUE FACTS. NOTHING IN THIS SECTION 13 EXCLUDES OR LIMITS ANY WARRANTY OR RIGHT THAT CANNOT LAWFULLY BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Nothing in these Terms of Use excludes or limits HeyBaby's liability for:
This section 14.1 takes precedence over all other provisions of these Terms of Use, including the cap and exclusions in sections 14.2 and 14.3.
Subject to section 14.1, HeyBaby is not liable to you for:
arising out of or in connection with these Terms of Use, the Products, or any service HeyBaby provides under these Terms of Use, on any theory of liability, whether or not HeyBaby has been advised of the possibility of such losses.
This section 14.2 applies to professional users (practitioners) only. For consumer users (parents and other primary caregivers), this section is subject to any non-excludable consumer rights under section 14.1.
Subject to sections 14.1 and 14.2, HeyBaby's total liability to you arising out of or in connection with these Terms of Use, the Products, or any service HeyBaby provides under these Terms of Use, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, is limited as follows:
The existence of more than one claim does not enlarge this cap. HeyBaby's suppliers and licensors have no liability to you under these Terms of Use.
Nothing in section 14.3 limits or excludes any non-excludable rights you may have as a consumer under the Consumer Rights Act 2015 or other applicable UK consumer protection law. If any provision of this Section 14 is held to be unenforceable in respect of a particular claim, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remainder of this Section 14 shall continue in full force and effect.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages. The specific limitations and exclusions in sections 13 (Warranty Disclaimer) and 14 (Limitation of Liability) above apply to you only to the extent permitted by the applicable law in your jurisdiction. Where applicable law does not permit a particular limitation or exclusion, that limitation or exclusion is read down to the maximum extent permitted by that law, and the remainder of these Terms of Use continues to apply.
The Products are designed for use in the United Kingdom and HeyBaby's directory of practitioners is UK-focused. Where you choose to use the Products from a jurisdiction other than the United Kingdom, you are responsible for compliance with local law applicable to your use. HeyBaby makes no representation that the Products or any feature of the Products is appropriate or available for use in any jurisdiction outside the United Kingdom.
These Terms of Use were written in English (UK). To the extent any translated version of this agreement conflicts with the English version, the English version controls. The Products are located in the United Kingdom. If you choose to use the Products or other services in a region of the world with laws governing data collection and use that may differ from UK law, please note that you are transferring your Personal Information (as defined in the Privacy Policy) to the United Kingdom, and by providing your Personal Information you consent to (a) such transfer, and (b) the application of the laws of the United Kingdom with respect to any dispute arising from or related to these Terms of Use, other than such rules, regulations, case law, and/or international treaties that would result in the application of the laws of a jurisdiction other than the United Kingdom.
You agree to indemnify and hold HeyBabyOnline and its directors, officers, employees, agents, successors, and assigns (collectively, the "Indemnified Parties") harmless from and against any claim, liability, loss, injury, damage, cost, or expense (including reasonable legal fees) incurred by HeyBabyOnline or any Indemnified Party arising out of or relating to: (a) your use of the Products; (b) your User Content; (c) your violation or breach of any provision in these Terms of Use or your violation of any rights of a third party; or (d) your violation of applicable laws or regulations. This Section 16 is in addition to, and does not displace, the practitioner indemnity at section 8.6.
These Terms of Use shall remain in full force and effect for any period of time in which you are a user. You may terminate your Account at any time and for any reason by following the deletion instructions in the Products (recommended) or by sending an email to hey@heybabyonline.com. We may suspend or terminate your Account and/or suspend or terminate providing our Products to you (a) immediately, if we reasonably believe that you are in breach of these Terms of Use; (b) at any time, if we decide to stop providing the applicable Product, by sending an email to you at the email address that you have provided for your Account or posting a notice on our Products; or (c) for any or no reason, by giving you reasonable notice. If you terminate your Account, we have no obligation to refund you any fees, except where required by applicable law or by the refund position in section 2.8. If we terminate your Account without cause, we will refund you a pro rata portion of any fees that you have paid for the unused portion of the applicable subscription period(s). You understand that any termination of these Terms of Use and/or your Account may involve deletion from our databases of the information you provided in connection with your Account, in line with the Privacy Policy. We will have no liability whatsoever to you for any suspension or termination of your Account or any suspension or termination of our Products, or any deletion of any information you have provided to us, except as required by applicable law. We may modify our Products at any time, in our reasonable discretion.
These Terms of Use may be amended by HeyBabyOnline from time to time. If we make material changes to these Terms of Use, we will notify you by posting the revised Terms of Use on our Products and (where you have an Account) by notifying you at your primary email address. You are responsible at all times for updating your Account to provide to us your most current email address. If the last email address that you have provided to us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the email containing such notice will nonetheless constitute effective notice of the changes described in the notice. Material changes to these Terms of Use will be effective on the earlier of (i) thirty (30) calendar days following our dispatch of an email notice to you and (ii) thirty (30) calendar days following our posting of a notice on our Products, except where applicable law requires a different effective date. Your continued use of our Products after the changes take effect will constitute your agreement to such changes. If you object to any change, your sole recourse shall be to terminate your Account and cease using the Products. For practitioners, material updates also trigger the re-acceptance flow described in section 8.4.
Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. If any provision in these Terms of Use is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms of Use will be unimpaired and the invalid or unenforceable provision will be modified to the minimum extent necessary to make it valid and enforceable. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect. The word "including" means including without limitation. These Terms of Use, together with the Privacy Policy and any additional terms located on particular pages of our Products, constitute the entire agreement between you and HeyBabyOnline regarding the use of the Products.
These Terms of Use, and any claim, dispute or controversy of any nature arising out of or relating to these Terms of Use, shall be governed by and construed in accordance with the laws of England and Wales without giving effect to any law that would result in the application of the law of another jurisdiction. You expressly agree and consent to the exclusive jurisdiction and venue of the courts of England and Wales for the resolution of any such dispute. Nothing in this Section 20 limits any non-excludable right you may have as a consumer to bring proceedings in the courts of your country of residence under applicable consumer protection law.
If you have any questions about these Terms of Use, please get in touch. Most messages are answered by Sharn, the founder, within a few working days.
When you email, please mark your message "Attention: Terms of Use" in the subject line so we can route it correctly.
