Terms & Conditions
Terms & Conditions
Important – please read these Terms of Service (Terms") carefully. By using 10 Mom, you agree that you have read, understood, accepted and agreed with the Terms, the conditions stated in the 10 Mom’s Registration Form and the Confinement Nanny Code of Conduct. You further agree to the representations made by yourself below. If you do not agree to or fall within the Terms of Service (as defined below) and wish to discontinue using the Service, please do not continue using this Application or Service.
1. By using our Products you hereby form a binding contract with 10 Mom, and in compliance with these Terms and all applicable laws. When you create your 10 Mom account, you must provide us with accurate and complete information. Any use or access by anyone under the age of 18 is prohibited. If you open an account on behalf of a company, organization, or other entity, then (a) "you"shall includes you and that entity, and (b) you represent and warrant that you are authorized to grant all permissions and licenses provided in these Terms and bind the entity to these Terms, and that you agree to these Terms on the entity's behalf. Some of our Products may be software that is downloaded to your computer, phone, tablet, or other device. You agree that we may automatically upgrade those Products, and these Terms shall apply to such upgrades.
2. You agree to provide accurate, current and complete information as required for the Service and undertake the responsibility to maintain and update your information in a timely manner to keep it accurate, current and complete at all times during the term of the Agreement. You agree that 10 Mom may rely on your information as accurate, current and complete. You acknowledge that if your information is untrue, inaccurate, not current or incomplete in any respect, 10 Mom has the right but not obliged to terminate this Agreement and your use of the Service at any time with or without notice. 10 Mom gives no representation or warranty whatsoever as to the quality of the services of any users regarding but not limited to suitability, personality, honesty, reliability, skills and capabilitits.
3. If you want to use our Products for commercial purposes (merchandising or advertising) you must create a business account and agree to our Terms.
4. 10 Mom allows you to post content, including photos, comments, links, and other materials. Anything that you post or otherwise make available on our Products is referred to as "User Content." You retain all rights in, and are solely responsible for, the User Content you post to 10 Mom.
5. You grant 10 Mom and our users a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, store, display, reproduce, save, modify, create derivative works, perform, and distribute your User Content on 10 Mom solely for the purposes of operating, developing, providing, and using the 10 Mom Products. Nothing in these Terms shall restrict other legal rights of 10 Mom to User Content, for example under other licenses. We reserve the right to remove or modify User Content for any reason, including User Content that we believe violates these Terms or our policies.
7. You will keep secure and confidential your account password or any identification 10 Mom provide you which allows access to the Service.
8. You will not impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity.
9. You will provide 10 Mom with whatever proof of identity 10 Mom may reasonably request or require.
10. You will only use an access point or data account which you are authorized to use only.
11. You will only use an access point or data account which you are authorized to use only.
12. You will only use the Service for lawful purposes.
13. You will only use the Service for the purpose for which it is intended to be used.
14. You will not use the Application for sending or storing any unlawful material or for fraudulent purposes.
15. You will not send spam or otherwise duplicative or unsolicited messages; or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including but not limited to materials harmful to children or violative of third party privacy rights.
16. You will not send material containing software viruses, worms, trojan horses or other harmful computer code, files, scripts, agents or programs.
17. You will not use the Application and/or the Software to cause nuisance, annoyance, inconvenience or make fake bookings.
18. You will not use the Service, Application and/or Software for purposes other than obtaining the Service.
19. You will not contact the Third Party Confinement Care Agency for purposes other than the Service.
20. You shall not try to harm the Service, Application and/or the Software in any way whatsoever.
21. You shall not interfere with or disrupt the integrity or performance of the Software and/or the Application or the data contained therein.
22. You shall not copy, or distribute the Software or other content without written permission from 10 Mom.
23. You shall only use the Software and/or the Application for your own use and will not resell it to a third party.
24. You shall not license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Application and/or the Software in any way.
25. You shall not attempt to gain unauthorized access to the Software and/or the Application or its related systems or networks.
26. You shall not modify or make derivative works based on the Application and/or the Software; or create internet “links” to the Application or “frame” or “mirror” any Software on any other server or wireless or internet-based device.
27. You shall not reverse engineer or access the Software in order to build a competitive product or service, build a product using similar ideas, features, functions or graphics of the Application and/or the Software, or copy any ideas, features, functions or graphics of the Application and/or the Software.
28. You shall not launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Application and/or the Software.
29. You shall not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Services or its contents.
30. You shall not post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights.
31. You shall not remove any copyright, trademark or other proprietary rights notices contained in the Service.
32. You shall not employ any means to defraud 10 Mom or enrich yourself, through any means, whether fraudulent or otherwise, whether or not through any event, promotion or campaign launched by 10 Mom to encourage new subscription or usage of the Service by new or existing users.
33. You shall abstain from any conduct that could possibly damage 10 Mom’s reputation or amount to being disreputable.
34. You are aware that when responding to Health Consumers’ or Customers’ requests for confinement services, standard telecommunication charges will apply and which shall be solely borne by you.
35. You shall not impair or circumvent the proper operation of the network which the Service operates on.
36. You agree and consent to 10 Mom using and processing your Personal Data for the Purposes and in the manner as identified hereunder. For the purposes of this Agreement, “Personal Data” means information about you, from which you are identifiable, including but not limited to your name, identification card number, birth certificate number, passport number, nationality, address, telephone number, credit or debit card details, race, gender, date of birth, email address, any information about you which you have provided to 10 Mom in registration forms, application forms or any other similar forms and/or any information about you that has been or may be collected, stored, used and processed by 10 Mom from time to time and includes sensitive personal data such as data relating to health, religious or other similar beliefs. The provision of your Personal Data is voluntary. However if you do not provide 10 Mom your Personal Data, your request for the Application may be incomplete and 10 Mom will not be able to process your Personal Data for the Purposes outlined below and may cause 10 Mom to be unable to allow you to use the Service. 10 Mom may use and process your Personal Data for business and activities of 10 Mom which shall include, without limitation the following (“the Purpose”):
- To perform 10 Mom’s obligations in respect of any contract entered into with you.
- To provide you with any services pursuant to the Terms and Conditions herein.
- To process your participation in any events, promotions, activities, focus groups, research studies, contests, promotions, polls, surveys or any productions and to communicate with you regarding your attendance thereto.
- Process, manage or verify your application for the Service pursuant to the Terms and Conditions herein.
- To validate and/or process payments pursuant to the Terms and Conditions herein.
- To develop, enhance and provide what is required pursuant to the Terms and Conditions herein to meet your needs.
- To process any refunds, rebates and/or charges pursuant to the Terms and Conditions herein.
- To facilitate or enable any checks as may be required pursuant to the Terms and Conditions herein.
- To respond to questions, comments and feedback from you.
- To communicate with you for any of the purposes listed herein.
- For internal administrative purposes, such as auditing, data analysis, database records.
- For purposes of detection, prevention and prosecution of crime.
- For 10 Mom to comply with its obligations under law.
- To send you alerts, newsletters, updates, mailers, promotional materials, special privileges, festive greetings from 10 Mom, its partners, advertisers and/or sponsors.
- To notify and invite you to events or activities organised by 10 Mom, its partners, advertisers, and/or sponsors.
- To share your Personal Data amongst the companies within 10 Mom’s group of companies comprising the subsidiaries, associate companies and/or jointly controlled entities of the holding company of the group (“the Group”) and with 10 Mom’s and Group’s agents, third party providers, developers, advertisers, partners, event companies or sponsors who may communicate with you for any reasons whatsoever.
37. If you do not consent to 10 Mom processing your Personal Data for any of the Purposes, please notify 10 Mom using the support contact details as provided in the Application.
38. By submitting your information you consent to the use of that information as set out in the form of submission and in this Agreement.
39. By agreeing to this Agreement upon using the Service, you agree that you shall defend, indemnify and hold 10 Mom, its licensors and each such party’s parent organizations, subsidiaries, affiliates, officers, directors, members, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with: (a) your violation or breach of any term of this Agreement or any applicable law or regulation, including any local laws or ordinances, whether or not referenced herein; (b) your violation of any rights of any third party, including, but not limited to Health Consumer and Infant under your confinement care, other family members, as a result of your own interaction with any third party and (c) your use (or misuse) of the Application and/or Software.
41. No joint venture, partnership, employment, or agency relationship exists between you, 10 Mom or any third party provider as a result of the Terms and Conditions or use of the Service. If any provision of the Terms and Conditions is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. This shall, without limitation, also apply to the applicable law and jurisdiction as stipulated above. The failure of 10 Mom to enforce any right or provision in the Terms and Conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to by 10 Mom in writing. The Terms and Conditions comprises the entire agreement between you and 10 Mom and supersedes all prior or contemporaneous negotiations or discussions, whether written or oral (if any) between the parties regarding the subject matter contained herein.
42. 10 Mom have the right to terminate this Agreement at any time by giving four (4) days’ prior notice to you without assigning any reasons. Notwithstanding the generality of the provisions stipulated in this Agreement or anything to the contrary, 10 Mom is entitled to terminate this Agreement immediately in the event that you are found to be in breach of any of the terms stipulated in this Agreement. For the avoidance of doubt, the termination of this Agreement shall not require 10 Mom to compensate, reimburse or cover any cost incurred by you, including but not limited to the credit reserved with 10 Mom or any other monies paid to 10 Mom in the course of performing your obligations under this Agreement.
43. Following termination or deactivation of your account, or if you remove any User Content from 10 Mom, we may retain your User Content for a commercially reasonable period of time for backup, archival, or audit purposes. Furthermore, 10 Mom and its users may retain and continue to use, store, display, reproduce, re-pin, modify, create derivative works, perform, and distribute any of your User Content that other users have stored or shared through 10 Mom.
44. We value hearing from our users, and are always interested in learning about ways we can make 10 Mom more awesome. If you choose to submit comments, ideas or feedback, you agree that we are free to use them without any restriction or compensation to you. By accepting your submission, 10 Mom does not waive any rights to use similar or related Feedback previously known to 10 Mom, or developed by its employees, or obtained from sources other than you.
45. We care about the security of our users. While we work to protect the security of your content and account, 10 Mom cannot guarantee that unauthorized third parties will not be able to defeat our security measures. We ask that you keep your password secure. Please notify us immediately of any compromise or unauthorized use of your account.
46. Our Products may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by 10 Mom. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third party website, service, or content from 10 Mom, you do so at your own risk and you agree that 10 Mom will have no liability arising from your use of or access to any third-party website, service, or content.
47. If you use our Products for commercial purposes without agreeing to our Terms as required by Section 3, as determined in our sole and absolute discretion, you agree to indemnify and hold harmless 10 Mom and its respective officers, directors, employees and agents, from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal and accounting fees (including costs of defense of claims, suits or proceedings brought by third parties), in any way related to (a) your access to or use of our Products, (b) your User Content, or (c) your breach of any of these Terms.
48. 10 MOM SHALL NOT BE MADE LIABLE FOR THE USER AGAINST ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE PRODUCTS; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE PRODUCTS, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; OR (C) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. THE USERS INDEMNIFIES AND HOLDS 10 MOM HARMLESS AGAINST ALL SUCH LIABILIITES, LOSS, CLAIMS, FINES, PENALTIES, DAMAGES OR THIRD PARTY CLAIMS INCLUDING LEGAL COSTS ARISING OUT OF OR IN CONNECTION WITH THE CONTRACT.
*Subject to these Terms and our policies, we grant you a limited, personal, non-exclusive, non-transferable, and revocable license to use our Application and/or the Software, solely for your own personal purpose, and subject to the Terms of this Agreement. All rights not expressly granted to you are reserved by 10 Mom and its licensors.