terms of use

Please read these terms and conditions carefully before using this site.

WHO WE ARE AND HOW TO CONTACT US

elc.co.uk is a site operated by Mothercare (”We”). Mothercare UK Limited is a company registered in England with number 0533087, whose registered office is at Cherry Tree Road, Watford, Herts, WD24 6SH. Our VAT Reg no. 440 6445 66.

To contact us, please email customer services at contactus@elc.co.uk or telephone our customer service line on 0344 875 5222.

BY USING OUR SITE YOU ACCEPT THESE TERMS

By using our site, you confirm that you accept these terms of use and that you agree to comply with them.

If you do not agree to these terms, you must not use our site.

We recommend that you print a copy of these terms for future reference.

THERE ARE OTHER TERMS THAT MAY APPLY TO YOU

These terms of use refer to the following additional terms, which also apply to your use of our site:

Customers can sign up in store, online or via the telephone customer service centre.

Mothercare UK Limited and Early Learning Centre UK Ltd ("Mothercare") reserves the right to remove membership of My Mothercare from any member sharing vouchers with the wider public; reproducing vouchers and using them more than the intended number of times; or falsifying their personal details or child or due date information.

WE MAY MAKE CHANGES TO THESE TERMS

We amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time. These terms were most recently updated on 22/05/2018.

WE MAY MAKE CHANGES TO OUR SITE

We may update and change our site from time to time to reflect changes to our products, our users’ needs and our business priorities. We will notify you of any significant changes but recommend you come back and check these Terms of Use whenever you wish.

WE MAY SUSPEND OR WITHDRAW OUR SITE

Our site is made available free of charge.

We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

OUR SITE IS ONLY FOR USERS IN THE UK

Our site is intended for the use of people residing in the United Kingdom. We do not suggest that content available on or through our site is appropriate for use or available in other locations.

YOU MUST KEEP YOUR ACCOUNT DETAILS SAFE

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at contactus@elc.co.uk.

HOW YOU MAY USE MATERIAL ON OUR SITE

We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our site for your personal use. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.

You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

DO NOT RELY ON INFORMATION ON THIS SITE

The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.

Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.

WE ARE NOT RESPONSIBLE FOR WEBSITES WE LINK TO

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approved by us of those linked websites or information you may obtain from them.

We have no control over the contents of those sites or resources.

USER-GENERATED CONTENT IS NOT APPROVED BY US

This website may include information and materials uploaded by other users of the site. The views expressed by other users on our site do not represent our views or values.

If you wish to complain about information and materials uploaded by other users please contact us on privacy.matters@mothercare.com.

OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

Whether you are a consumer or a business user:

  • We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
  • Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products to you, which will be set out in our Terms and Conditions.

If you are a business user:

  • We exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it.
  • We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
  • use of, or inability to use, our site; or
  • use of or reliance on any content displayed on our site.
  • In particular, we will not be liable for:
  • loss of profits, sales, business, or revenue;
  • business interruption;
  • loss of anticipated savings;
  • loss of business opportunity, goodwill or reputation; or
  • any indirect or consequential loss or damage.

If you are a consumer user:

Please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

HOW WE MAY USE YOUR PERSONAL INFORMATION

We will only use your personal information as set out in our Privacy Policy.

UPLOADING CONTENT TO OUR SITE

Whenever you make use of a feature that allows you to upload content to our site, you must comply with the content standards set out in the Acceptable Use Clause below.

You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

Any content you upload to our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us a limited licence to use, store and copy that content and to distribute and make it available to third parties. The rights you license to us are described below.

We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.

We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the content standards set out in the Acceptable Use Clause.

WE ARE NOT RESPONSIBLE FOR VIRUSES AND YOU MUST NOT INTRODUCE THEM

We do not guarantee that our site will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

RULES ABOUT LINKING TO OUR SITE

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to our site in any website that is not owned by you.

Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.

We reserve the right to withdraw linking permission without notice.

The website in which you are linking must comply in all respects with the content standards set out in the Acceptable Use Clause.

If you wish to link to or make any use of content on our site other than that set out above, please contact contactus@elc.co.u.

Prohibited Use

You may use our site only for lawful purposes. You may not use our site:

  • In any way that breaches any applicable local, national or international law or regulation.
  • In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
  • To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards (below).
  • To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

You also agree:

  • Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of this terms of website.
  • Not to access without authority, interfere with, damage or disrupt:
  • any part of our site;
  • any equipment or network on which our site is stored;
  • any software used in the provision of our site; or
  • any equipment or network or software owned or used by any third party.

Interactive Services

We may from time to time provide interactive services on our site, including Live Chat.

Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).

Content Standards

These content standards apply to any and all material which you contribute to our site, for example product reviews (Contribution), and to any interactive services associated with it.

The Content Standards must be complied with in spirit as well as to the letter. The standards apply to each part of any Contribution as well as to its whole.

We will determine, in its discretion, whether a Contribution breaches the Content Standards.

A Contribution must:

  • Be accurate (where it states facts).
  • Be genuinely held (where it states opinions).
  • Comply with the law applicable in England and Wales and in any country from which it is posted.

A Contribution must not:

  • Be defamatory of any person.
  • Be obscene, offensive, hateful or inflammatory.
  • Promote sexually explicit material.
  • Promote violence.
  • Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
  • Infringe any copyright, database right or trade mark of any other person.
  • Be likely to deceive any person.
  • Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
  • Promote any illegal activity.
  • Be in contempt of court.
  • Be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety.
  • Be likely to harass, upset, embarrass, alarm or annoy any other person.
  • Impersonate any person, or misrepresent your identity or affiliation with any person.
  • Give the impression that the Contribution emanates from Mothercare, if this is not the case.
  • Advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse.
  • Contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism.
  • Contain any advertising or promote any services or web links to other sites.

CUSTOMER RATINGS and REVIEWS

These Terms of Use govern your conduct associated with the Customer Ratings and Review service (the "CRR Service"). To the extent of any conflict between Elc's Privacy Policy and these Terms of Use, these Terms of Use shall control with respect to the CRR Service.

Please note that where any submission is made jointly by two or more individuals, the duties and liabilities referred to below apply jointly and severally to each of such individuals

By submitting any content to Elc or successor, you represent and warrant that:

  • you are the sole author and owner of the intellectual property rights thereto;
  • all "moral rights" that you may have in such content have been voluntarily waived by you;
  • all content that you post is accurate;
  • you are at least 18 years old;
  • use of the content you supply does not violate these Terms of Use and will not cause injury to any person or entity.

You further agree and warrant that you shall not submit any content:

  • that is known or ought reasonably to be known by you to be false, inaccurate or misleading;
  • that infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
  • that violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
  • that is, or may reasonably be considered to be, defamatory, libellous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;
  • for which you were compensated or granted any consideration by any third party;
  • that includes any information in whatever form that references directly or indirectly other websites, addresses, email or SMS addresses, contact information or phone numbers;
  • that contains any computer viruses, worms or other potentially damaging computer programs or files.

You agree to indemnify and hold Elc or successor (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers,), harmless from all claims, demands, and damages (direct and consequential) of every kind and nature, known and unknown including reasonable legal fees, arising directly or indirectly out of a breach of your representations and warranties set forth above, or your violation of any law or the rights of a third party.

For any content that you submit, you grant Elc a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such content and/or incorporate such content into any form, medium or technology throughout the world without compensation to you.

All content that you submit may be used at Elc Limited or its successor's sole discretion. Elc or successor reserves the right to change, condense or delete any content on ELC's website or that of a successor that Elc or successor deems, in its sole discretion, to violate the content guidelines or any other provision of these Terms of Use. Elc or its successor does not guarantee that you will have any recourse through Elc or successor to edit or delete any content you have submitted. Ratings and written comments are generally posted within seven business days. However, Elc or successor reserves the right to remove or to refuse to post any submission for any reason. You acknowledge that you, not Elc or successor, are responsible for the contents of your submission. None of the content that you submit shall be subject to any obligation of confidence on the part of Elc or successor, its agents, subsidiaries, affiliates, employees, partners or third party service providers and their respective directors, officers and employees.

By submitting your email or SMS address in connection with your rating and review, you agree that Elc or its successor and its third party service providers may use your address to contact you about the status of your review and other administrative purposes.

Customer Review Policy and Guidelines

Elc takes our customer feedback very seriously, so we can continually improve our products for other parents and children.

  • All reviews, both good and bad, are read by the relevant buyers or product technologists and where appropriate they will work to improve the product based on customer feedback
  • We post all reviews just as the customer has written them, as long as they only refer to the product and do not contain offensive language. We reserve the right not to post reviews which could offend or mislead, for example reviews containing any of the following types of content:
  • Obscenities, discriminatory language, or other language not suitable for a public forum
  • Advertisements, "spam" content, or references to other products, offers, or websites
  • Email addresses, URLs, phone numbers, physical or geographical addresses or other forms of contact information
  • Unfair or improper critical, or spiteful, comments on other reviews posted on the page or their authors
  • Where a product has changed, we will edit or remove comments which no longer apply (both good and bad) so that other customers are not accidentally mislead
  • All submitted reviews are subject to the terms set forth in our Terms of Use

If you wish to share feedback with us about product selection, ordering, delivery or other customer service issues, please do not submit this feedback through a product review. Instead, contact us directly.

WHICH COUNTRY’S LAWS APPLY TO ANY DISPUTES?

If you are a consumer, please note that these terms of use, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

If you are a business, these terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

Failure to comply with this acceptable use clause constitutes a material breach of these terms of use upon which you are permitted to use our site, and may result in our taking all or any of the following actions:

  • Immediate, temporary or permanent withdrawal of your right to use our site.
  • Immediate, temporary or permanent removal of any Contribution uploaded by you to our site.
  • Issue of a warning to you.
  • Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
  • Further legal action against you.
  • Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.

INDEMNITY

You agree to indemnify us and hold us harmless from and against any claims, actions or demands (including any legal fees incurred in connection therewith) resulting from your misuse of our web site or your breach of these terms and conditions. We will notify you promptly of any such claim, action or demand and will assist you as may be reasonably necessary providing you meet our costs and expenses (including our legal fees).

LIMITATION OF LIABILITY

We exclude our liability for all action we may take in response to breaches of this acceptable use policy. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.

To the extent that we are lawfully able to do so, we will not be liable for any claims, losses and/ or damages of any nature resulting from: (a) your use or inability to use the web site; (b) the services we provide (except where we expressly state that we have responsibilities or liabilities in these terms and conditions) or other terms and conditions that relate to our other goods and/ or services we provide; (c) unauthorised access to or alterations of your transmissions or data; (d) statements or conduct of any third parties.

You agree that in no event will our liability arising out of or in respect of these terms and conditions exceed £UK 1,000 and that in no event will we be liable for any loss of profits, goodwill, loss of business, loss of data or any other indirect or consequential loss or damage whatsoever, whether or not arising from any negligence on our part.

USE AND STORAGE

We may establish general practices and limits concerning the use of the web site and the services we provide, including limits to the size or number of e-mail messages you send or the time that messages may be stored or posted on our web site. We are entitled to delete any material at any time and we will not be liable in any way for deleting or failing to store or post any material which you may transmit to us.

SUSPENSION AND TERMINATION

We may in our sole discretion suspend and/ or terminate registration or use of our web site or our services at any time and we shall not be liable to you or any third party for any loss or damages suffered on account of such suspension and or termination. Typically, we would only do this where you have not used our services for some time or if we believe that you have acted inconsistently with those terms and conditions. However, there may be other reasons why we would suspend and/ or terminate.

OUR TRADEMARKS ARE REGISTERED

"Mothercare" and "MDolly" are UK registered trademarks of Mothercare Limited UK. You are not permitted to use them without our approval, unless they are part of material you are using as permitted these Terms of Use.