In these terms and conditions, the following words shall bear the following meanings:
"we", "us" or "our" means Scarborough & Whitby Mumbler, an independent owned and operated franchise business.
"Website" means this website, scarborough.mumbler.co.uk.
"Facebook" means the Scarborough & Whitby Facebook group and page.
"Mumbler HQ" means Mumbler Ltd, Company Registration Number 9362886 Registered in England.
These terms and conditions apply to the entire contents of the Website and to any correspondence by e-mail between us and you. It is important that you read these terms and conditions carefully before using the Website.
By reading, sharing, using, reading and/ or registering with scarborough.mumbler.co.uk you shall be deemed to have accepted these terms and conditions in full regardless of whether or not you choose to register with us. If you do not accept these terms, do not use the website.
1. Use of the Website and Registration
1.1 You may access most areas of the Website without registering your details with us. Certain areas of the Website are only open to you if you register with us.
1.2 When you register with us, you are stating that you are over 18 years of age and that any information you provide to us about yourself is true, accurate and complete.
1.3 To buy or sell via the website, you will be asked to enter your username and email address. If you are buying or selling via our Website, you agree that your username will be visible to other users of the Website.
1.4 On receipt of the required registration information from you, we will issue you with a password. Once you are registered with us, you will be able amend your password via the "edit profile tab'.
1.5 We advise you to ensure that our Website is on your 'safe senders' list in your e-mail settings to prevent your email notifications becoming spam mail.
1.6 You will be responsible for all activities that occur under your username and password. It is your responsibility to ensure that you keep these details confidential.
1.7 By entering your e-mail address to opt in to receive our newsletter and 'latest mumblings", you agree to receive our newsletter by email up to once a week. If you do not wish to receive these newsletters, you may unsubscribe from the mailing list at any time using the unsubscribe link.
2. Buying and Selling via the Website
2.1 A registered user of the Website can post an item for sale, post an item for free or request a wanted item within the "For Sale" section of the Website. Scarborough & Whitby Mumbler is not responsible for any of the material posted within the "For Sale" section of the Website and is under no obligation to oversee, moderate or monitor this section of the Website.
2.2 If you purchase or receive an item via the "For Sale" section of the Website, the transaction is solely between the seller and you as the buyer.
2.3 You must not use the "For Sale" section of the Website for commercial purposes (to promote a company, product or service or to recruit staff) without receiving our prior written permission.
2.4 You are only permitted to advertise items within the "For Sale" section of the Website which are baby and/or child related items. You are not permitted to advertise any animals, prescription drugs or illegal items on this Website.
2.5 Any photographs posted must be originals, be of decent quality, show the true condition of the item and not infringe on any copyright. We reserve the right to edit or delete any photograph or image within the "For Sale" section of the Website. If your photograph or image contains what appears to be illegal conduct, we may notify the police.
2.6 The condition of the item must be accurately described. Scarborough & Whitby Mumbler does not accept any responsibility for the quality of items sold. If the goods purchased or received are not as described or are faulty in any way, any refunds or returns are at the discretion of the seller. Any resulting dispute should be settled directly between the buyer and the seller and Scarborough & Whitby Mumbler will not act as a mediator, or become involved in any dispute in any way.
3. Advertising on the Website
3.1 If you want to advertise your business, goods or services on the Website's homepage, our advertisement fees must be paid for in advance and are non-refundable.
3.2 Prices may change from time to time and we reserve the right to enter into a separate agreement with you relating solely to your use of advertisements on the Website. Please contact us via the 'contact us' section of the Website if you are interested in advertising on the Website.
If you arrange to meet someone who you have made contact with via the Website or our Facebook Group or via any Mumbler social media channel you do so at your own risk. Scarborough & Whitby Mumbler is not liable for any consequences of such meetings.
5. Information on the Website
5.1 The support and information on the Website and on the Facebook Group does not constitute any form of advice, recommendation or arrangement by Scarborough & Whitby Mumbler. You should consult a doctor, healthcare or appropriate professional if you require specific advice.
5.2 Scarborough & Whitby Mumbler reserves the right in its absolute discretion at any time to edit, alter, delete or move any material on the Website and on the Facebook Group.
5.3 Scarborough & Whitby Mumbler does not accept any responsibility for mistakes or omissions made on the Website. Any reviews, blog/mumblings submissions, information about events or classes (such as opening hours, prices or venue details) may be out of date. We do not enter into any express or implied conditions, warranties, terms or representation with you regarding the quality, accuracy or completeness of the information.
5.4 It is your responsibility to check registrations, qualifications and references for any trades people, childminders and any other individuals you have received information about via the Website. Scarborough & Whitby Mumbler is not responsible for the verification of any individuals companies or businesses listed on the Website and is not liable for any consequences arising out of your contact with or use of such people and/or services.
5.5 If you are aware of any inconsistencies or errors on the Website, you can contact us via the 'contact us' section of the Website or via the "report an error" button which appears on all website posts.
6. Data Protection, Privacy and Intellectual Property
6.1 All copyright, trademarks (registered or unregistered) and other intellectual property rights of whatsoever nature arising from all content and information on the Website, including the site's design and layout are owned or licensed by Scarborough & Whitby Mumbler.
6.2 Except where stated, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form by any means, including but not limited to, electronic, mechanical, photocopying, recording or otherwise without the prior written permission of Scarborough & Whitby Mumbler.
6.3 Scarborough & Whitby Mumbler reserves the right to email you from time to time if you have indicated that you are the owner of the business, group or event.
6.4 We will respect the privacy of your data which you supply to us in in accordance with the Data Protection Act 1998, GDPR and any other applicable data protection legislation.
7. Website Management and Third Party Websites
7.1 While we endeavour to ensure that the Website is normally available 24 hours a day, we shall not be liable if for any reason the Website is unavailable at any time for any period. Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond the Company's control.
7.2 Reasonable care is taken to ensure that the Website and the materials available from it are virus-free but we cannot accept responsibility for any viruses which may affect any material you download.
7.3 Scarborough & Whitby Mumbler provides links to third party websites, solely for your convenience. We have not reviewed all of these third party websites and we do not have any control over and are not responsible for these websites or their content or availability. These links do not constitute any endorsement by us of the organisation promoted on the linked websites, their products or their services. If you decide to access any of the third party websites linked to this website, you do so entirely at your own risk.
Scarborough & Whitby Mumbler and any employees or other representatives of Mumbler Limited and/or Scarborough & Whitby Mumbler excludes, to the extent lawfully permitted, all liability for loss or damage, whether direct, indirect or consequential (including, without limitation, loss suffered as a result of breach of these terms and conditions which is not a foreseeable consequence of the breach, lost profits, lost opportunity, lost business, loss of goodwill, loss of contracts, increased overheads or administrative expenses or management time) arising out of your use of or inability to use this Website, or from any information or omission contained in this Website.
9. Variations to these Terms and Conditions
We may amend or add to these terms and conditions without notice, so please check them periodically. It is your responsibility to keep up-to-date with all such changes and your continued use of the Website shall be deemed acceptance of any changes to these terms and conditions.
10. Breach of these Terms and Conditions
10.1 Scarborough & Whitby Mumbler is entitled to remove any listings, photographs and/or terminate your registration immediately and without notice if you are in breach of any of these terms and conditions or if we consider your use of the Website to be inappropriate or otherwise unacceptable.
10.2 If we terminate your registration, we reserve the right to remove any comments (current or historic), photographs or images that you may have posted to the Website and we also reserve the right to immediately and without notice remove you from our Facebook Group.
11. Governing Law & Jurisdiction
These terms and conditions shall be interpreted in accordance with English law and all disputes shall be subject to the exclusive jurisdiction of the English Courts.