Subscription Service

Terms and conditions

Bloss premium subscription service is a platform that connects parents and parents-to-be to experts, and guive access to other parenting services above to other users

• How to access the Subscription Service

1. 1. 1. If you (a Subscriber) wish to access the Content on the Bloss Subscription Service (Service) go on to the Bloss website (www,blossapp.com) (Site)  or access the Bloss app and follow the instructions which will invite you to register and  provide to Bloss certain biographical information in order to register yourself with us, to create an account and to access the Service. If you subscribe to our premium Service you will also need to provide details of your bank account.
      2. Any personal data provided by you or collated or used by us in relation to you is subject to the Company’s Privacy Policy.

• Applicable terms and conditions 

1. 1. 1. If you become a subscriber, a Contract will be formed between you and us  and your use of the Service will be governed by these Terms and Conditions (Terms), the Website Terms of Use, Privacy Policy, Acceptable Use Policy and Cookies Policy and any other policies which may apply to your use of the Service which are set out on the Site, all of which will be incorporated into the Contract between us.
      2. We may at any time amend these Terms or any of the policies referred to in paragraph 2.1 by posting new or amended policies on the Site and any such amended or new policies will take effect and be binding on all Subscribers from the date that they are first accessible on the Site.

• Eligibility as a Subscriber

1. 1. 1. You represent and warrant that you are an at least 16 years of age and an individual. If you are under age 16, you may not, under any circumstances or for any reason, use the Service. We may, in our sole discretion, refuse to offer the Service for any or no reason to any person or entity and change our eligibility criteria at any time. 
      2. In registering as a Subscriber you must use your own name and personal details.
      3. If there is any change to the personal details provided by you to us you are obliged to inform us immediately
      4. We permit certain companies who provide benefits to us to have a corporate subscription which allows a certain number of their employees to use the Service without paying any subscription fees. Any such corporate subscriber must ensure that any employee is made aware of these Terms and agrees to use the Service only in accordance with these Terms. The corporate subscriber shall notify us from time to time of the names and other details of all employees who are to use the Service and may by giving notice to us terminate the right of any employee to use the Service.

• Service 

Once you have subscribed to the Service you will have the right to access and use all Content which is accessible to subscribers through the Service in accordance with paragraph 4 other than any Premium Content which may be made available on separate payment terms.

• Choice of services

Freemium service

Freemium access allows you to read free articles and buy Expert Products. 

Premium Subscription Service

Bloss premium subscription service is a platform that connects parents and parents-to-be to experts, enabling them to ask qualified experts unlimited questions in the Clinic and also access premium content such as Top Tip videos and other services above and beyond the Bloss freemium service 

The service includes:

• all articles, all premium content, full chat forum access, brand discounts, 20% off Expert Products
• free advice in the Clinic 
• family member access (ability to add 2 other family members to share account)
• 12 months initial period.

Free trial

In order to help you decide whether you want to take out a subscription you may take out a seven days free trial .

You may only take out one free trial.

• Payment terms

1. 1. 1. The Freemium Service is free.
      2. Subscribers have an option to pay for the Service for a period of 12 months by way of a monthly subscription fee at £9.99 per month or by payment of one amount of £95. At the end of that 12 monthly period you may renew your subscription at the then prevailing subscription rates.
      3. Subscribers who choose to pay by way of a monthly subscription fee may terminate their subscription by notifying us in the manner set out on the Site giving at least 30 days notice to expire on the last day of a calendar month.
      4. Monthly subscription payments shall be made monthly in advance by direct debit to our bank account which will be notified to you when your first apply to subscribe to the Service ( as may be amended by us from time to time).

• Ownership, and supply of Content

1. 1. 1. All right, title and interest in and to any Content and all Intellectual Property Rights in the Content including any moral rights are owned by Bloss or the applicable Content Supplier. 
      2. Whilst we try to make sure that all Content contained in the Service (other than any user-generated content, if applicable) is correct, it is not intended to amount to authority or advice on which reliance should be placed. You should make your own assessment as to the accuracy or  reliability or appropriateness of any Content or information contained in any Content by reference to your own individual circumstances. 
      3. The Service may contain Content which  is protected by Intellectual Property Rights or applicable laws. You shall abide by and maintain all copyright notices, information and restrictions contained in any Content accessed through the Service and not breach the Intellectual Property Rights of any person and comply with all applicable laws.
      4. Bloss is a registered trademark owned by us and by using the Service you acquire no rights to use and may not use the trademark for any commercial or other purpose.

• Availability of Content

1. 1. 1. We do not guarantee that any Content will be made available on the Site or through the Service. We reserve the right to, but do not have any obligation to, (i) remove, edit or modify any Content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content) or for no reason at all and (ii) to remove or block any Content from the Service.     
      2. We make no representations concerning any Content provided by users and contained in or accessed through the Service, and we will not be responsible or liable for the accuracy, copyright compliance or legality of such material or Content contained in or accessed through the Service.
      3. We cannot and do not guarantee that any Content or the Service will be free from viruses and/or other code that may have contaminating or destructive elements. It is your responsibility to implement appropriate IT security safeguards (including anti-virus and other security checks) to satisfy your particular requirements as to the safety and reliability of Content and the Service.
      4. The Service may permit you to link to other websites, services or resources on the Internet, and other websites, services or resources may contain links to the Service. When you access third party resources on the internet, you do so at your own risk. These other resources are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply our endorsement or any association between us and their operators. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such website or resource.

• Personal use

1. 1. 1. The Service is offered only for your personal use, and not for the use or benefit of any person.
      2. Subject to these Terms, we grant you as a Subscriber  a worldwide, non-exclusive, non-sublicensable and non-transferable license to use Content (including the right to download and retain Content) solely for purposes of using the Service on a personal non-commercial basis. 
      3. You shall not at any time sell, licence, rent, transfer, assign charge or encumber the Content or exploit the Content for commercial use or do anything in respect of the Content which adversely affects or might adversely affect the rights of Bloss or any Content Supplier.
      4. Use, reproduction, modification, distribution or storage of any Content for any purpose other than using the Service as contemplated by these Terms is expressly prohibited without prior written permission from us.
      5. The rights you have under the Contract are personal to you and are non-transferable. 

• Unauthorised use

1. 1. 1. You shall not: (i) take any action that imposes or may impose (as determined by us) an unreasonable load on our (or our third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; (iii) bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Service (iv) distribute information you know is false, misleading, untruthful, unlawful or inaccurate; (viii) upload any software viruses or any other computer codes, files or programs that may disrupt, damage, limit or interfere with the proper function of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of ours or of any third party; or (ix) otherwise take any action in violation of our guidelines and policies.
      2. You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service (including, without limitation, any application), except to the limited extent applicable laws specifically prohibit such restriction; (ii) modify, translate, or otherwise create derivative works of any part of the Service; or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. 

• Submission of User Content

1. 1. 1. Any Content that is submitted to us or to the Service by users, whether publicly or privately transmitted, including product reviews, survey responses and comments (User Content), is the sole responsibility of the person who originated such User Content. You represent that all User Content submitted by you is accurate, complete, up-to-date and in compliance with all applicable laws, rules and regulations. User Content that you submit must not: (i) contain any content that infringes Intellectual Property Rights, data protection or privacy rights of an individual; (ii) be defamatory or threatening; (iii) contain any material which is or may be construed as being, obscene, pornographic, misleading, deceptive, fraudulent, racist, sexist, homophobic, transphobic, discriminatory  or otherwise inappropriate or in breach of any applicable legislation (v) impersonate any person or entity; (iv) contain unauthorized advertising; or (v) transmit or distribute any virus and/or other code that has contaminating or destructive elements. We make no representations, warranties or guarantees with respect to any User Content that you access on or through the Service.
      2. As between you and us, you own all User Content that you submit, but you hereby grant us a worldwide, perpetual, irrevocable, non-exclusive, sub-licensable, royalty-free license and right to use, copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), edit, modify, and make derivative works from your User Content (including, without limitation, your name and likeness, photographs and testimonials) for any purpose whatsoever, commercial or otherwise, without compensation to you. In addition, you waive any so-called “moral rights” or rights of privacy or publicity in your User Content. If you make suggestions to us about improving or adding new features to the Services, we have the right to use your suggestions without any compensation to you.

• Force majeure

1. 1. 1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations that is caused by events outside our reasonable control.
      2. If there is an event of force majeure ie any event outside our reasonable control and we notify you that we are unable to provide our Subscription Service for a period of time then if you are a monthly subscriber you shall not be obliged to pay the monthly subscription price 

• Limitation of liability

The maximum liability we may have to  you for breach of these Terms or any other obligations we may have to you shall be limited to £500 other than in respect of our liability to you for death or personal injury caused by our wilful act or negligence or for any other liability that, by law, may not be limited or excluded.

• Termination

1. 1. 1. We may terminate your access to the Service at any time:
         1. for cause ie if you are in breach of any of your  obligations under these Terms, by giving you notice to your email address; or
         2. without cause, by giving you not less than seven days prior notice to your email address.
      2. In the event we terminate your access to the Service without cause, if you have paid the subscription fee upfront you will be entitled to a rebate for a proportionate of the fee already paid  and if you are paying the subscription fee on a monthly subscription basis you will have no further obligation to pay the monthly subscription fee.
      3. All provisions of these Terms which by their nature are intended to survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity provisions and limitations of liability.

• Suspension of Service

We may suspend the Service in whole or in part to make minor technical changes  or update the Content or to reflect changes in relevant laws and regulatory requirements. In the event we suspend the supply of the Service, we will endeavour to notify you in advance except in the case of an emergency.

• Entire agreement

These Terms (and any policies referred to in paragraph 2,1 above) constitute the entire agreement between the Supplier and the Company and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.

• Severance

If any provision or part-provision of the Contract is or becomes invalid, illegal or unenforceable, it shall be deemed deleted but that shall not affect the validity and enforceability of the rest of the Contract.

• Third-party rights

These Terms do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract.

• No assignment

The Company may assign or transfer its rights under the Contract but the Subscriber has no right to assign or transfer its rights under the Contract without our prior written consent.

• Modification

We reserve the right, in our sole discretion, to modify or replace  these or change, suspend or discontinue the Service (including, without limitation, the availability of any Content) at any time by posting a notice on the Site or by sending you notice through the Service, via e-mail or by another appropriate means of electronic communication. We may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability. While we will provide notice of any such modifications, it is also your responsibility to check these Terms periodically for changes. Your continued use of the Service following notification of any modifications  to these Terms constitutes acceptance of those modifications.

• Notices

All notices to be given under or in respect of the Contract  shall be given by email to the email address in the case of Bloss as set out on the Site and in the case of the Subscriber as shall be provided upon first registration or as may subsequently notified by the Subscriber to Bloss.

• Governing law

The Contract and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales.

• Jurisdiction

Bloss and the Subscriber  irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Contract  or its subject matter or formation.

Glossary

In these Terms