1.1 Welcome to “Wordly” which is provided to you by Mammbo Group limited (“Wordly”, “us”, “we” or “our”). Our registered office is at Mammbo Group, Central Research Laboratory, Shipping Building, Hayes, UB3 1HA.
1.3 In addition to these Terms, your use of the Wordly Service may also be subject to other terms and conditions and policies which are referred to below.
1.4 We are committed to providing an excellent user experience to you when you use the Wordly Service. If you have any questions or queries about the Wordly Service or these Terms we would be delighted to help. Please contact us by:
(a) sending an email to legal [at] mammbo [dot] com; or
(b) writing to us at Mammbo Group, Central Research Laboratory, Shipping Building, Hayes, UB3 1HA marking your letter for the attention of Customer Support.
2.1 In order for us to provide the Wordly Service to you, you must agree to be bound by these Terms. These Terms govern the provision and use of the Wordly Service and will form a legally binding contract between Mammbo Group and you so please do take the time to read these Terms and make sure you understand them.
2.2 By using the Wordly Service, you agree to accept and be bound by these Terms. If you do not agree to accept these Terms you must not use the Wordly Service.
2.3 We recommend you review these Terms each time you use the Wordly Service and print a copy of them for your future reference.
3.1 Mammbo Group reserves the right to change, modify, add to, or delete portions of these Terms at any time including to reflect changes affecting the Wordly Service, our technology, our licensing arrangements, our payment methods, relevant laws and/or regulatory requirements.
3.2 Any changes to the Terms will be notified to you via the Website or App and/or via email. You are responsible for regularly reviewing these Terms so that you are aware of any changes. Your continued use of the Wordly Service after any such changes constitutes your acceptance of the new Terms. If you do not agree to (or cannot comply with) the Terms as amended, please do not use the Wordly Service.
4.1 Depending on the version of the App you have downloaded, your use of the App shall also be governed by Apple’s or Google Android’s Terms and Conditions and Privacy Policies (“Platform Terms”). If there is any conflict between these Terms and the Platform Terms, then these Terms will prevail.
4.2 You must be at least 16 years of age to download our App.
4.3 We grant you a non-exclusive, non-transferable, revocable licence to use the App for your personal, non-commercial use and only on an Apple or Android device (“Device”) as permitted by the applicable Platform Terms and these Terms.
4.4 All other rights in the App are reserved by Worldy and its licensors. You are responsible for ensuring that all persons accessing our App on your Device are aware of these Terms.
4.5 You acknowledge that your agreement with your mobile network provider (“Mobile Provider”) will also apply to your use of the App. You also acknowledge that you may be charged by the Mobile Provider for data services or any other third party charges as may arise while using certain features of the App and you accept responsibility for such charges. If you are not the bill payer for the Device being used to access the App, we will assume that you have received permission to use the App from the bill payer.
5.1 Access to our Website is permitted on a temporary basis and we reserve the right to withdraw or amend the Website without notice. You are responsible for making all arrangements necessary to access our Website. You are also responsible for ensuring that all persons accessing our Website through your internet connection are aware of these Terms.
6.1 You acknowledge that we cannot guarantee that the Wordly Service will:
(a) stay the same as we might change the Wordly Service or remove it altogether;
(b) be compatible with all or any hardware or software which you may use;
(c) be available all the time or at any specific time;
(d) be accurate and up-to-date; or
(e) be error-free or free of viruses, electronic bugs, Trojan horses or other harmful components and you must take your own precautions accordingly.
6.2 You also acknowledge that:
(a) we cannot guarantee the performance or security of our Website; and
(b) we will not be responsible for any damage or loss you may suffer directly or indirectly as a result of any virus attack that can be traced to our Website to the fullest extent permissible by law.
6.3 You must not:
(a) interfere with, or disrupt, the Wordly Service or any servers or networks connected to the Wordly Service, including by transmitting any worms, viruses, malware, spyware or any other code of a destructive, malicious or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any page of the Wordly Service is rendered or displayed in a user’s browser or device;
(b) access the Wordly Service via a means not authorised in writing in advance by Mammbo Group, including but not limited to, automated devices, scripts, bots, spiders, crawlers or scrapers (except for standard search engine technologies);
(c) attempt to restrict another user of the Wordly Service from using or enjoying the Wordly Service and you must not encourage or facilitate the breach of these Terms by others;
(d) use the Wordly Service for any illegal or unauthorised purpose; or
(e) change, modify, adapt or alter the Wordly Service or change, modify or alter another website so as to inaccurately imply an association with the Wordly Service or with Mammbo Group.
8.1 Any purchase of Mammbo Group's products and services through the Wordly Service will be governed by our Terms of Business Agreement.
9.1 Registration and use of the Wordly Service - By registering and using the Wordly Service, you represent that:
(b) you have provided us with accurate and truthful information during the registration process.
9.2 Password Security – In order to use parts of the Wordly Service, you will be required to complete the registration process by providing certain information and registering an email address and password for your use of the Wordly Service. You are responsible for maintaining the confidentiality of the email address and password. You agree that we will be entitled to assume that any person logging into the Wordly Service or using the Wordly Service using your email address and password is either you or someone doing so with your permission. You are responsible for any use of the Wordly Service under your email address and password, including all financial charges and legal liability. We recommend that you change your password from time to time to assist with security.
9.3 Unauthorised Access - If you believe someone has accessed the Wordly Service using your username and password without your authorisation, it is your responsibility to set up a new password. You agree to immediately notify us of any unauthorised use of your password or username or any other breach of security.
10.1 Access – Your access to any information, data, images, photographs, videos and other content displayed on the Wordly Service (“ Content ”) is permitted in accordance with, and subject to your compliance with, these Terms.
10.2 Restriction on use - You must not:
(a) access Content via a means not authorised in writing in advance by Wordly, including but not limited to, automated devices, scripts, bots, spiders, crawlers or scrapers (except for standard search engine technologies);
(b) use, or cause others to use, any automated system or software to extract Content from the Wordly Service except in cases where you or any applicable third party has entered into a written agreement with us that expressly permits such activity; or
(c) use the Content for any illegal or unauthorised purpose.
10.3 Intellectual Property in our Website, App and Content - The design of the Website and the App and all software contained within the Website, the App and the Content are protected by copyright, trade marks, patents and other intellectual property rights and laws. None of the Content may be copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of Wordly.
11.1 If you are in breach of, or we suspect you are in breach of, these Terms then we may take any/all of the following actions:
(a) issue a warning to you;
(b) effect an immediate, temporary or permanent withdrawal of your access to your account and/or the Wordly Service. However, you will remain responsible for all outstanding amounts on your account;
(c) take legal action against you; and/or
(d) disclose such information to law enforcement authorities as we reasonably feel is necessary.
11.2 The responses described above at section 11.1 are not limited and we may take any action we reasonably deem appropriate.
12.1 We have the right to terminate your access to any or all of the Wordly Service at any time, without notice, for any reason, including without limitation, breach of these Terms. We may also at any time, at our sole discretion, discontinue the Wordly Service or any part thereof without prior notice and you agree that we shall not be liable to you or any third party for any termination of your access to the Wordly Service.
13.1 Mammbo Group warrants that it will provide the Wordly Service with reasonable skill and care and as described in these Terms.
13.2 Other than the express warranty in this clause, the Wordly Service is provided on an "AS IS" and "AS AVAILABLE" basis without any representation or endorsement made and without further warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
13.3 Mammbo Group makes no warranty that the Wordly Service will meet your requirements, that Content will be accurate or reliable, that the functionality of the Wordly Service will be uninterrupted or error free, that defects will be corrected or that the Wordly Service or the server that makes them available are free of viruses or anything else which may be harmful or destructive.
13.4 Mammbo Group will not be liable under these Terms for any loss or damage caused by Worldy or any of its employees or agents in circumstances where:
(a) there has been no breach of a legal duty of care which is owed by Mammbo Group or any of its employees or agents; and/or
(b) the loss or damage is not a reasonably foreseeable result of any breach of these Terms.
13.5 You agree you will have no claim against us, in respect of any decision to remove the Wordly Service or any decision to suspend or terminate your access to the Wordly Service.
13.6 In the absence of any negligence or other breach of duty by us, the use by you of the Wordly Service is entirely at your risk.
13.7 To the extent permitted by law, Wordly will not be liable for any indirect or consequential loss or damage whatsoever or for loss of business, opportunity, data, profits arising out of or in connection with the use of the Wordly Service.
13.8 Nothing in these Terms shall affect your statutory rights as a consumer.
13.9 You will be responsible for all claims, liabilities, damages, costs and expenses suffered or incurred by us as a result of your breach of these Terms or default in the discharge of your obligations.
13.10 Nothing in this section 13 shall have the effect of excluding or limiting either Wordly liability or your liability for fraud or for death or personal injury caused by our/your negligence (as applicable).
14.1 The Wordly Service may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that Wordly is not responsible for the content or availability of any such websites. We recommend you review those websites’ terms and conditions and privacy policies to ensure you are happy to use them.
15.1 You may not transfer, assign or otherwise dispose of any rights or obligations arising under or in connection with the Wordly Service, without Mammbo Group’s prior written consent.
15.2 You agree that Mammbo Group may transfer, assign, charge or otherwise dispose of any rights or obligations arising under or in connection with the Wordly Service.
15.3 You also agree that Mammbo Group may use third parties and sub-contract our obligations provided that we remain responsible to you for the performance of the contract.
16.1 If any of these Terms should be found to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such term shall be removed and the remaining terms shall survive and remain in full force and effect and continue to be binding and enforceable.
17.1 A person who is not a party to these terms has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of these Terms but this section does not affect a right or remedy of a third party which exists or is available apart from that Act.
18.1 These Terms and the use of the Wordly Service generally and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.
19.1 All notices given by you to us must be given to
Mammbo Group, Central Research Laboratory, Shipping Building, Hayes, UB3 1HA
or via e-mail at legal [at] mammbo [dot] com. We will give notice to you via the Wordly Service or at either the e-mail or postal address you provide to us as part of the order process or your registration.
Notice will be deemed received and properly served immediately when we post it on the Wordly Service, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to, and received by, the specified e-mail address of the addressee.
20.1 If you have any queries at all regarding the Wordly Service, the Content or any of the Terms, please contact us by:
(a) sending an e-mail to legal [at] mammbo [dot] com or
(b) writing to us marking your letter for the attention of Customer Support.