Expert Terms

Effective date: 24 October 2020

Welcome

Hey Pro. Welcome to our Expert Terms. Our brilliant lawyers have asked us to outline how the site works and our shared rules, roles and responsibilities. These Expert Terms are a contract between you and Wellmama&Partners Ltd. It’s so important to us that you know your and our rights before you join the village. So please take a few moments to read them before listing yourself as a professional, because once you’ve done so, you’re going to be legally bound by them. Then come on in!

Before we get into the finer details, here’s a bit about how wellmama works. We offer a service marketplace connecting your services with new, expectant and future parents in need including:

  • an Expert Profile where you can list your services and link to your own website or platform;
  • grouping and search functionality to help you get matched with Users based on where they are at in the mama cycle;
  • certain tracking and analytics on User visits to your listings, which we may make available to you;
  • a licence to link your Expert Profile to your own website.

Once a User finds you through your Expert Profile, they will contact you directly using your website or other contact information. wellmama has no involvement in this relationship once the User has contacted you, and any contract will be between you and the User.

When you become an Expert, you may also have the opportunity to engage with us further through other promotional opportunities and wellmama services we may make available.

To maintain the quality of our Site and help ensure that wellmama is a trusted source for our Users, we will only work with Experts who have been verified through our Expert Screening.

Please be aware that we are in beta mode at the moment, while we refine our site so that we can give you and our Users the best possible experience. We’d welcome any and all feedback from you - just let us know at info@wellmama.life.

1. Our contract

These terms (the “Expert Terms”) apply to you when you: (a) create a profile on our Site (an “Expert Profile”); and/or (b) use any of our Additional Services (as described below)(together, the “Services”).

By registering to create an Expert Profile, and/or otherwise using our Services you are confirming: (a) you accept and will be bound by these Expert Terms; (b) you have the authority to accept these Expert Terms either on your own behalf in your capacity as a sole trader, or on behalf of the organisation you are representing; (c) you are over the age of 18; and (d) you acknowledge and agree that you are a ‘trader’ for the purpose of the Sale of Goods Act 1979.

These Expert Terms should be read in conjunction with our Site Terms. Defined terms used in the Site Terms will apply to these Expert Terms. In the event of inconsistency, these Expert Terms will prevail.

We will give you no less than 30 days’ notice of any changes to these Expert Terms.

These Expert Terms are between you wellmama & Partners Limited, ( “Wellamama” or "us", "we" or "our" for short). We will refer to you as “you" and "your" or “Expert” throughout these Expert Terms, and when we talk about “Users” in these Expert Terms, we are referring to any visitors to the Site.

2. Our Service

Subject to (i) your successful completion of the Expert Screening; and (ii) Your on-going compliance with these Expert Terms, wellmama will make an Expert Profile available to you.

Under the Expert Profile:

  • you will have a profile on our site which includes the information you provide when you populate the information fields wellmama requests at sign-up (the “Expert Information Fields”).
  • you will select a grouping for your Expert Profile in accordance with the then-current service categories available on the Site (the “Service Groupings”).

The design of the Site, Expert Information Fields, Service Groupings, and location of your Expert Profile will be determined by wellmama, and may be updated at its discretion. Listing an Expert Profile with wellmama does not guarantee any specific display location within the Site save to the extent: (i)we describe in the Ranking and Presentation section below; or (ii) you agree a location or feature with wellmama in connection with any Additional Services.

In addition to the Expert Profile, wellmama may make additional services available to you (“Additional Services”). Additional Services may include (but won’t be limited to) promotional activities such as joining a panel of wellmama experts, creating promotional content, or giving your Expert Profile spotlights within the Site.

For all Services provided by wellmama, support can be sought by emailing info@wellmama.life. Support is a benefit for You as an Expert but is not a right, and is not subject to any service levels.

wellmama’s Privacy Policy explains how we process Expert personal data.

3. Ranking and Presentation

There are certain criteria and parameters which determine the ranking of listings made available to Users via the Site. We have outlined these here. The order in which your Expert Profile is shown in any Service Groupings, or other search results depends on a number of these factors.

The Site’s landing page or other feature sections may also include elevated locations and/or presentations from other Experts as part of the Additional Services.

4. Term and Termination

You will sign up to your Expert Profile on a subscription basis. Your initial subscription term will be disclosed to you when you sign up to have an Expert Profile (“Initial Term”), along with the applicable charges (the “Expert Profile Charges”). We will disclose to you the length of any renewal term (“Renewal Term”) no later than 30 days prior to the expiry of the Initial Term or any Renewal Term (as relevant) along with the Expert Profile Charges for that term. Unless you notify us no later than 10 days prior to the expiry of the Initial Term or Renewal Term, your subscription will automatically roll onto the Renewal Term we have disclosed.

The charges for Additional Services (the “Additional Service Charges”) and the applicable service term for the Additional Services will be as agreed with you when you order Additional Services.

If you materially breach your obligations under these Expert Terms, or you have breached these Expert Terms in a more minor way on multiple occasions, we may suspend or terminate your Services. We will provide you with 30 days’ notice prior to termination, along with our reasons for terminating (unless we need to terminate earlier to comply with law and/or we believe that earlier termination is necessary to protect Users or the wider public).

5. Payment

You agree to pay us the Expert Profile Charges for the Initial Term and any Renewal Term, and any applicable Additional Service Charges (along with any associated taxes).

Where we offer you a free trial, Expert Profile Charges will not be applied.

If you are not based in the United Kingdom, your purchase may be subject to foreign exchange fees or differences in prices based on location (e.g. exchange rates).

Where we have your stored payment method, it will automatically be charged for your Expert Profile Charges (along with any associated taxes) at the start of each Renewal Term.

6. Refund Policy

The Expert Profile Charges and the Additional Service Charges are non-refundable. If you feel your circumstances warrant an exception, you can contact us at info@wellmama.life.

7. Your Obligations

By accepting these Expert Terms you acknowledge and agree that your use of the Services is conditional on your compliance with these Expert Terms, including (but not limited to) the following obligations:

  • You will pay the Expert Profile Charges and any applicable Additional Service Charges when they fall due;
  • You will comply with the Expert Code of Conduct;
  • You will comply with the Site Terms;
  • You will not infringe wellmama’s or any other person’s or User’s rights (including their intellectual property rights);
  • You will ensure that you are compliant with Applicable Data Protection laws in the event that you share any Personal Data with wellmama.

You are solely responsible for:

  • the accuracy of the information you provide in the Expert Information Fields, and for keeping that information up to date; and
  • ensuring that the information that you provide in the Expert Information Fields, or in connection with any Additional Services is compliant with all advertising laws, and regulatory requirements and/or standards applicable to your industry.

You will hold the direct contractual relationship for the delivery of your services to any User that locates you through this Site. You are solely responsible for the delivery of your services to the User.

You agree to indemnify, keep indemnified and hold harmless wellmama and its officers, directors and employees, from and against any and all claims, demands, obligations, actual or alleged causes of action and lawsuits and all damages, liabilities, fines, judgments, costs (including settlement costs), expenses associated therewith (including the payment of reasonable legal charges and disbursements) and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis)) and all other reasonable professional costs and expenses arising out of or in connection with: (i) any breach by you of any term of these Expert Terms; (ii) any action brought by any third party relating to the information you have provided wellmama in connection with the Services (including but not limited to a breach or alleged breach of a third party’s intellectual property rights); (iii) any service you provide to a User (including any information or booking service you provide prior to a User’s use of your service) and/or any visit by a User to your service delivery venue; or (iv) any action brought in connection with your breach of Applicable Data Protection Laws.

8. User Reviews, Ratings and Customer Complaints

The wellmama Site allows Users to submit User Reviews on any Expert Profile. It also allows Users to rate your services (“User Ratings”). For more detail on how User Ratings work, see here.

wellmama has put in place User Village Rules, which Users are required to comply with when they use the Site. wellmama may use reasonable commercial efforts to check User Reviews for compliance, however you acknowledge and agree that:

  • in many circumstances, you will be better placed to assess the User’s compliance with the User Village Rules;
  • the content of the User Reviews and/or the User Ratings could be negative; and
  • you will not in any circumstance, contact a User regarding a User Review.

If you feel that:

  • the User Village Rules have been breached by a User in regards to a User Review posted on your Expert Profile; or
  • wellmama has unfairly or incorrectly categorised a review as a fake review,

you can contact wellmama at info@wellmama.life. wellmama will review your complaint and determine the appropriate action, which may include (but not be limited to): (i) removing the User Review and/or the User; (ii) reinstating a User Review; or (iii) suspending a User Review (and in certain circumstances, recommending to a User that a complaint is raised directly with you or an appropriate complaints handling service). wellmama will determine this course of action based on a reasonable assessment of the facts and information available to it and taking into account industry best practices and regulatory guidance relating to the handling of online review services.

9. Intellectual Property

You grant wellmama a non-exclusive, royalty free, and worldwide right and license (or sublicense as applicable) to use, reproduce, distribute, sublicense, communicate and make available your name, logo, and any information you provide in the Expert Information Fields and/or in connection with the Additional Services on the Site, and in any promotional content created by wellmama including but not limited to promotional emails and content created on wellmama’s social media sites.

wellmama is the owner of all intellectual property rights in, and/or has licence to use:

  • the Site;
  • User Reviews; and
  • any tracking by wellmama of browsing and other User activity on the Site (as further described in the Privacy Policy and Cookies Policy)(the “wellmama Insights”).

For the term of your Subscription Period, wellmama grants you the non-exclusive, royalty free, revocable, non-transferable license (or sublicense as applicable) to:

  • link the Site and/or your Expert Profile to your own website, social media, or other promotional content; and
  • where expressly permitted by wellmama, use the wellmama Insights for the sole purpose of enabling you to make decisions about your business and your use of the Site.

Where you provide wellmama with any pictures containing images of you or your company’s employees, you will ensure that you have all required permissions to enable wellmama to use those images on its Site.

10. Privacy

wellmama is the independent data controller of User personal data (as defined under Applicable Data Protection Laws) which it processes for the purposes of operating the wellmama website and any related wellmama activities. Experts are a separate independent data controller in respect of any User personal data provided directly by the User to the Expert to book Expert services without wellmama’s involvement. wellmama is not required under these Expert Terms or by law to share any User personal data with Experts, unless we otherwise agree to do so.

11. Our Liability

wellmama will, in no event, be liable for any incidental, consequential, special, exemplary, punitive or indirect damages, business interruption, loss of anticipated profits, loss of anticipated savings, loss of or corruption of data, loss of reputation and goodwill or loss of business opportunity arising out of your use of the Expert Profile Service, any Additional Services or otherwise in connection with these Expert Terms.

To the extent permitted by law, wellmama’s total aggregate liability under these Expert Terms (whether in contract, tort or obligation to indemnify), will be limited to the charges paid by the Expert to wellmama in the 12 month period preceding the month in which any claim is raised.

12. Confidentiality

For the purpose of this section, “Confidential Information” includes proprietary and third party information that is marked as confidential or, from its nature, content or the circumstances in which it is disclosed, might reasonably be considered to be confidential. It does not include information that the recipient already knew, that becomes public through no fault of the recipient, that was independently developed by the recipient or that was lawfully given to the recipient by a third party.

To the extent that Confidential Information of you or wellmama (each, a “Party”) is disclosed and/or received by the other Party, each Party agrees not to use the other Party’s Confidential Information except in the performance of, or as authorised by these Expert Terms, and not to disclose, sell, licence, distribute or otherwise make available such information to third parties.

13. Governing Law

These Expert Terms, their subject matter and their formation, are governed by the law of England and Wales. You and we both agree that the courts of England and Wales will have exclusive jurisdiction over any dispute arising out or in connection with your usage of the Site, 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.

Wellmama & Partners Limited is a company registered in England under company number 12727798 and whose registered office is at Unit 9 First Floor Hampstead West 224 Iverson Road, West Hampstead, London, United Kingdom, NW6 2HL.

14. Wellmama company information

Wellmama & Partners Limited is a company registered in England under company number 12727798 and whose registered office is at Unit 9 First Floor Hampstead West 224 Iverson Road, West Hampstead, London, United Kingdom, NW6 2HL.

These terms were last updated on 24 October 2020.