Terms & Conditions

Terms of Service

Please read these Terms of Service (the "Agreement" or "Terms") carefully before using the services offered by BabyLayaway Limited (“BabyLayway”). This page (together with the documents referred to on it) sets forth the terms of service applicable to your use of the Website at www.babylayaway.com (the “Website”) and/or its associated services (the “Services”). By using the Website and/or the Services in any manner, including, but not limited to, visiting or browsing the Website or contributing content, information, or other materials or services to the Website, you agree to be bound by this Agreement. If you do not agree to these Terms, you must not use the Website and/or the Services.

About BabyLayaway

BabyLayaway operated the Website and its associated Services. It is a private limited company registered in England and Wales under company number 09511604 and VAT number 241722628. Its registered office address is Invision House, Wilbury Way, Hitchin, Hertfordshire, England, SG4 0TY.

Summary of Service

BabyLayway is a platform which allows individuals or groups of people to come together to contribute money towards a profile set up by expectant parents on behalf of their unborn child. The registered user (the “Page Creator”) can set up a BabyLayaway profile (the “BabyLayaway page”) to collect monetary contributions from friends and family (the “Contributors”).

The BabyLayaway Service consists of the publication of web pages on the Website and enabling the transactions to the registered bank card of the Page Creator. BabyLayaway has no responsibility for the acts or omissions of any Page Creator in relation to the contributions collected.

Acceptance of Terms

The Service is offered subject to acceptance of these Terms, including the Privacy Policy and all other operating rules, and procedures that may be published on the Website by BabyLayway, which are incorporated by reference. These Terms apply to every user of the Service. In addition, some services offered through BabyLayway may be subject to additional terms and conditions. Your use of those services is subject to those additional terms and conditions, which are incorporated into these Terms by this reference.

BabyLayway reserves the right, at its sole discretion, to modify or replace these Terms by posting the updates on the Website. It is your responsibility to check this page from time to time and take notice of any changes made, as they are binding on you. Your continued use of the Service following the posting of any changes to the Terms constitutes acceptance of those changes. Some of the provisions contained in these Terms may also be superseded by provisions or notices published elsewhere on the Website.

BabyLayway reserves the right to change, suspend, or discontinue the Service (including, but not limited to, the availability of any feature, database, or content) at any time for any reason. BabyLayway may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability.

Registration

If you wish to use the Website or its associated services as a Page Creator to collect money from Contributors towards a gift, you must (i) be at least 18 years of age; and (ii) have an active Stripe [Payment Partners] account; and (iii) be registered with the Website.

If you wish to use the Website or its associated services as a Page Creator to organise an event or occasion and do not wish to raise funds towards a gift, you must (i) be at least 16 years of age; and (ii) have your parents permission and; (iii) be registered with the Website.

If you wish to use the Website or its associated services as a Page Creator to organise an event or occasion for someone else, you must (i) meet the requirements above; (ii) have the consent of the individual to use their data on BabyLayaway, including but not exclusive to their name, details and image; and, (iii) have the recipients consent for us to contact them, only upon your instruction, with details of their donations.

If you wish to use the Website or its associated services as a Page Creator to organise an event or occasion and invite someone else to collaborate and make the BabyLayaway profile with you, you must (i) meet the requirements above; and (ii) have the consent of the individual for us to contact them on your behalf and invite them to use the site.

You represent and warrant that all registration information you submit is accurate and truthful. BabyLayaway reserves the right to ask for proof of information from you and your account may be suspended until satisfactory proof is provided. BabyLayaway may, in its sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Service is revoked in those jurisdictions.

You are required to provide: (i) your full name; (ii) your email address; (iii) birthday month and year (optional) (iv) a password for your account, which you create. You will receive an email to welcome you to the Website. You can change your password in your Profile section of the website.

In order to register with the Website you must accurately complete all mandatory areas of the online registration form. Failure to do so shall constitute a breach of the Terms of Service, which may result in immediate termination of your account. You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your password for the Website. You shall never use another User account. You will immediately notify BabyLayaway of any unauthorised use of your account, or other known account-related security breach at hello@babylayaway.com. You must: (i) keep your password or other security information, either chosen by you or allocated by BabyLayaway as part of the registration process, strictly confidential and not disclose it to any third party; (ii) keep your email address and other registration details up to date and notify BabyLayaway promptly of any changes, (iii) not create additional registration accounts for the purpose of abusing the functionality of the Website or other users; and (v) not pass yourself off as another user.

BabyLayaway has the right to disable any password, whether chosen by you or allocated by BabyLayaway, at any time, if you do not comply with any of the provisions of these Terms of Service and/or if it is believed that you do not fulfil the Registration Requirements.

Using the BabyLayaway service

As a registered Page Creator, you can create a BabyLayaway profile to fundraise, subject to Acceptable Use Standards and the Limits on Contributions. In order to collect contributions using the Website and its Services, Page Creators must have a Stripe account:

Stripe

If you add a Stripe account to your BabyLayaway account, your donations will be deposited into your Stripe account in individual payments and usually arrive within 24 hours or within 7 working days.

You can log into your Stripe account to check the status of the payments at any time.

Funds can be easily transferred to your linked bank account to spend when and where you want.

BabyLayaway also use Stripe to enable the transfer of contributions to Page Creators on the Website in accordance with these Terms. BabyLayaway does not hold any of the funds. Funds are transferred directly from the Contributor bank card to Stripe and are cleared to the Page Creator's Stripe account within 7 working days and after the deduction of Stripe fees. Stripe's terms and conditions apply to your use of Stripe to use our Services and the Website, and you must agree to those terms and conditions and comply with them in order to use the Services of BabyLayaway. BabyLayaway is not responsible for the acts or omissions of Stripe in relation to your use of the Website and its associated Services. As all payments are processed by Stripe, BabyLayaway cannot assist with this process.

It is the Page Creator’s responsibility to ensure that he or she has the appropriate Stripe account and, if he or she wishes to have the money transferred into their own bank account by Stripe, to ensure that the Stripe verification procedures have been carried out in time to enable them to purchase their gift for the occasion for which they have been collecting money. It may take up to 7 working days for funds to clear with Stripe into their Stripe account and several days to withdraw the money from a Stripe account to the Page Creator’s bank account. The Page Creator is able to review the transaction history for their BabyLayaway page via ‘My Account’ on the Website or via their Stripe account. All transaction records are held electronically and can only be viewed through the Website.

Contributing to a BabyLayaway page

If you wish to contribute to a BabyLayaway page, you will need the BabyLayaway page URL. If you've lost it use the search tool on www.babylayaway.com to search for the Page Creator. If you want to contribute money towards a BabyLayaway profile you can pay using most registered debit or credit cards if the Page Creator has a verified a Stripe account.

Once you make a payment, you may not change or cancel that payment. If you want your contribution refunded you must contact the Page Creator (see Refunds). All payments are processed Stripe. Accordingly, BabyLayaway holds no records relating to your bank accounts, credit or debit cards.

Please note that a Page Creator cannot contribute to a gift on his or her own BabyLayaway page.

Contributing to a BabyLayaway page

If you wish to contribute to a BabyLayaway page, you will need the BabyLayaway page URL. If you've lost it use the search tool on www.babylayaway.com to search for the Page Creator. If you want to contribute money towards a BabyLayaway profile you can pay using most registered debit or credit cards if the Page Creator has a verified a Stripe account.

Once you make a payment, you may not change or cancel that payment. If you want your contribution refunded you must contact the Page Creator (see Refunds). All payments are processed Stripe. Accordingly, BabyLayaway holds no records relating to your bank accounts, credit or debit cards.

Please note that a Page Creator cannot contribute to a gift on his or her own BabyLayaway page.

Limits on contributions

Page Creators may only create one fundraising BabyLayaway page per email address.

Contributors are limited to a maximum of £500 per donation; however, several contributions can be made to a total of £2000. If your contribution has not gone through, please email hello@babylayaway.com.

Page Creators may have a BabyLayaway page live and collecting funds for a maximum of 16 months. The date will be set from the initial profile creation date.

BabyLayaway pages that do not collect funds will be closed after 16 months.

BabyLayaway will monitor gift pages with a high volume of contributions and will contact the Page Creator if it is believed that the Website is not being used legitimately. This is primarily for, but not limited to, anti-money laundering processes. The Page Creator agrees they may be required to provide BabyLayaway with further information reasonably deemed necessary to investigate misuse of the Website.

Fees and payments

Registering with BabyLayaway is free. It is also free to use BabyLayaway to organise campaigns. However, the following fees apply to the use of the Website and associated Services in relation to financial contributions to BabyLayaway pages.

BabyLayaway charges a 2.4% administrative fee on each monetary contribution made to a Page Creator from a Contributor, and this is non-refundable.

The BabyLayaway fee is charged at the same time as the Contributor funds arrive in the Page Creator’s Stripe account. Each time a Contribution is made to a BabyLayaway page, the BabyLayaway fee is charged. The Stripe transaction history of the Page Creator will show two transactions - one payment out to BabyLayaway and one fund received from the Contributor.

Stripe charges a processing fee of 1.4% + 20p per transaction for UK & European cards, or 2.9% + 20p per transaction for other cards.

The Payment Partners Fee may change from time to time, and BabyLayaway will amend these Terms of Service to notify you of such changes. You hereby give BabyLayaway authority to deduct the Payment Partners Fee (as varied from time to time) from contributions made or received via the Website. Any contributions made by contributors outside the UK will be subject to any currency conversions (and associated costs) applied by Payment Partners or any bank, credit card or debit card provider.

The Make and Do functionality within the platform is completely free to use. There are no BabyLayaway or Payment Partner service fees. The Make and Do functionality is exclusively for the donation of time and skills from contributors and must not be used to create BabyLayaway pages that instruct or link to external products or services that have a monetary value. BabyLayaway must not be used to instruct contributors to exchange funds away from the platform in either cash, cheque or through other banking services. All monetary transactions must be made via the Fund functionality, and using the BabyLayaway Payment Partners and are subject to fees.

Refunds

The BabyLayaway fee of 2.4% is an independent transaction made after you’ve received the donation from the contributor. The BabyLayaway fee is usually non-refundable. If you have any problems and would like us to consider your case, please get in touch on hello@babylayaway.com.

Requests for refunds of contributions made by Contributors to a BabyLayaway page collecting funds via Stripe can be made by the Page Creator. In addition, in some circumstances, we are able to refund card payments made through Stripe. If the refund request is made immediately after payment, it is possible for us to reverse the transaction via our business dashboard with Stripe. Please contact us in this instance.

Accessing the website

Access to the Website is permitted on a temporary basis, and BabyLayaway reserves the right to withdraw or amend the service provided on the Website without notice (see below). BabyLayaway will not be liable if for any reason the Website is unavailable at any time or for any period.

Reliance of Information posted

Commentary and other materials posted on the Website are not intended to amount to advice on which reliance should be placed. BabyLayaway disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to or user of the Website, or by anyone who may be informed of any of its contents.

Website updates

BabyLayaway aims to update the Website regularly, and may change the content at any time. If the need arises, BabyLayaway may suspend access to the Website and any of its associated services, any part of the Website or its associated services, or may close it indefinitely or cease the provision of the associated services indefinitely. Any of the material on the Website may be out of date at any given time, and BabyLayaway is under no obligation to update such material.

Your breach of these Terms

If you fail to comply with or breach these Terms (or BabyLayaway has reasonable grounds to believe that you have breached these Terms),including the Acceptable Use Standards, BabyLayaway may take all or any of the following actions:

• Immediate, temporary or permanent withdrawal of your right to use the Website and its associated services;
• Immediate, temporary or permanent removal of Your Content (or any of Your Content) from the Website;
• 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 or third-parties as BabyLayaway reasonably feel is necessary.

BabyLayaway excludes liability for actions taken in response to breaches of these Terms of Service. These actions are not limited, and BabyLayaway may take any other action it deems appropriate.

Termination

BabyLayaway may terminate your access to the Service, without cause or notice, which may result in the forfeiture and destruction of all information associated with your account. If you are a Page Creator and wish to terminate your account, you may do so at any time. Any fees paid to BabyLayaway are non-refundable. These Terms of Service shall continue to apply to any use you made of the Website and its associated Services prior to your cancellation, termination, or discontinuance of use of the Website.

Unauthorised transactions

If you believe your password has been lost or stolen, please contact hello@babylayaway.com.

Information about you and your visits to the website

You may link to BabyLayaway’s home page or to a Page Creator’s page, provided you do so in a way that is fair and legal and does not damage BabyLayaway's reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement where none exists. The Website must not be framed on any other Website. BabyLayaway reserves the right to withdraw linking permission without notice. If you wish to make any use of material on the Website other than that set out above, please address your request to hello@babylayaway.com.

Links from the website

Where the Website contains links to other Websites and resources provided by third parties or users, these links are provided for your information only. BabyLayaway has no control over the contents of those Websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

Indemnification

You shall defend, indemnify, and hold harmless BabyLayaway, its affiliates, and each of its and its affiliates’ employees, contractors, directors, suppliers, and representatives from all liabilities, claims, and expenses, including reasonable attorneys' fees and other legal costs, that arise from or relate to your use or misuse of, or access to, the Service and Content, or otherwise from your User Submissions, violation of the Terms of Use, or infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. BabyLayaway reserves the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with BabyLayaway in asserting any available defences.

Limitation of liability

The Website and the material displayed on the Website is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, BabyLayaway and other third parties connected to BabyLayaway hereby expressly exclude:

• All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
• All liability for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any material posted on it, or on any Website linked to it.
• Any liability for the use made by Page Creators of the funds collected via our associated services;
• Any liability for any failures, interruptions, delays or other matters of a similar nature arising out of circumstances beyond our reasonable control;
• Any liability for any indirect or consequential loss or damage incurred by any user in connection with the Website or in connection with the use, inability to use, or results of the use of the Website, any Websites linked to it and any materials posted on it, including:
  • loss of income or revenue;
  • loss of business;
  • loss of profits or contracts;
  • loss of anticipated savings;
  • loss of data;
  • loss of Your Content;
  • loss of goodwill;
  • wasted management or office time; and
  • whether caused by tort (including negligence),breach of contract or otherwise, even if foreseeable.

This does not affect BabyLayaway’s liability for death or personal injury arising from BabyLayaway’s negligence, nor liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

International

Accessing the Service is prohibited from territories where the Content is illegal. If you access the Service from other locations, you do so at your own initiative and are responsible for compliance with local laws.

Governing law

These Terms of Service (and any further rules, policies, or guidelines incorporated by reference) shall be governed by and construed in accordance with English law. The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to the Website although BabyLayaway retain the right to bring proceedings against you for breach of these Terms of Service in your country of residence or any other relevant country. These Terms of Service 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) shall be governed by and construed in accordance with the law of England and Wales.

Integration and severability

These Terms and other referenced material are the entire agreement between you and BabyLayaway with respect to the Service, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and BabyLayaway with respect to the Service and govern the future relationship. If any provision of the Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

Your concerns

If you have any concerns about material which appears on the Website or these Terms of Service, please contact hello@babylayaway.com.

Acceptable Use

BabyLayaway is a platform that allows people to raise funds for their unborn child. If you create a BabyLayaway page or use the BabyLayaway Service, you must use it in accordance with the law and comply with this Acceptable Use Policy. You are responsible for all of your activity in connection with the Service. BabyLayaway will remove any offensive, obscene, racist or other unacceptable Content as soon as it is noticed and you must ensure that any Content you include on any BabyLayaway page or the BabyLayaway Website (particularly pictures and photographs) does not infringe the copyright or trademark of any other person. BabyLayaway will decide in ultimate discretion whether you have breached this Acceptable Use Policy and may terminate your account or prevent or restrict your access to the BabyLayaway Website and our associated Services.

You shall not, and shall not permit any third party using your account to, use the Website and its associated Services:

As part of a business or for any commercial use or purpose;

To collect or contribute money for any of the following:

• Items that infringe or violate any copyright, trademark, right of publicity or privacy or any other similar right in any part of the world;
• Counterfeit or pirated items;
• Items that promote hate, violence, racial intolerance or the financial exploitation of a crime;
• Items that encourage, promote, facilitate or instruct others to engage in illegal activity;
• Items that are illegal products;
• Items that promote, support or glorify acts of violence or harm, whether to self or others;
• Drugs or drugs paraphernalia;
• Guns or offensive weapons of any type;
• Obscene or pornographic items;
• Wild animals, endangered species, (or when necessary by law) unlicensed or unregistered animals;
• Pharmaceutical products (whether prescription or over-the-counter);
• Financial or investment products;
• Any age-restricted items, such as alcohol, knives, glue or glue products, DVDs or video games where the intended recipient of such item is below the permitted age for that item. For example, you cannot create a BabyLayaway page for a person under 18 to collect contributions towards an alcoholic product for such person;
• Any other purpose which is in breach of these Acceptable Use Standards or applicable law and regulations;

For the purposes of gaming, gambling, betting or lotteries;

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 operate a private banking service or to send or receive potentially fraudulent funds;

For the purpose of harming or attempting to harm minors in any way;

To conduct, display or forward raffles, surveys, lotteries, contests, pyramid schemes or chain letters;

To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Standards relating to Your Content, set out below;

To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or

To knowingly introducing viruses, trojans, worms, logic bombs, keystroke loggers, spyware, or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of service attack;

To collect or contribute money for or to control any account which is linked to another account that is engaged in any of these purposes.

To knowingly navigate around our services for the purpose of avoiding BabyLayaway fees payable on the collection of funds.

Whenever you make use of a feature that allows you to upload material to the Website (including creating a BabyLayaway page),or to make contact with other users of the Website, you must ensure that any such material, contributions or content (“Your Content”) does not:

• Contain any material which is defamatory of any person.
• Contain any material which is obscene, offensive, hateful or inflammatory.
• Promote or contain any sexually explicit material;
• Promote violence or any illegal activity;
• Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
• Infringe any copyright, database right or trademark of any other person;
• Be likely to deceive any person;
• Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
• Disclose the name, address, telephone, mobile or fax number, email address or any other personal data in respect of any person;
• Be in contempt of court;
• Be threatening, bullying, abusive or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;
• Be likely to harass, upset, embarrass, alarm or annoy any other person;
• Be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
• Give the impression that it emanates from us, if this is not the case;
• Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse;
• Contain any statement which you know or believe, or have reasonable grounds for believing, that members of the public to who, the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducements to the commission, preparation or instigation of acts of terrorism;
• Contain any advertising or promote any services or web links to other Websites.

Additionally, you shall not: (i) take any action that imposes or may impose (as determined by BabyLayaway in its sole discretion) an unreasonable or disproportionately large load on BabyLayaway's or its 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 any measures BabyLayaway may use to prevent or restrict access to the Service (or other accounts, computer systems, or networks connected to the Service); (iv) run Maillist, Listserv, or any form of auto-responder or "spam" on the Service; or (v) use manual or automated software, devices, or other processes to "crawl" or "spider" any page of the Website.

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, except to the 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. You shall abide by all applicable local, state, national, and international laws and regulations. If in breaching any of these provisions, you commit or BabyLayaway has reasonable cause to believe you have committed, a criminal offence, in addition to BabyLayaway’s other rights set out in these Terms and Conditions, BabyLayaway may report any such breach to the relevant law enforcement authorities and will co-operate with those authorities by disclosing your identity to them.

Brand Ambassador

Before becoming a brand ambassador, please ensure that you have thoroughly read through the following terms and conditions:

• The Brand Ambassador agrees on the full use and ownership of all imagery and content containing BabyLayaway information to BabyLayaway.
• The Brand Ambassador agrees on full ownership to BabyLayaway for the purposes of promotional and advertising usage including but not limited to; media channels, media publications, website, tangible and paid advertisements.
• The Brand Ambassador must accept the responsibility that all of the promotions and advertisement carried out by BabyLayaway, must meet the Marketing and Advertising Law set by the UK government, as well as GDPR Laws.
• The Brand Ambassador agrees to accept full responsibility for posts and content uploaded on social media accounts.
• The Brand Ambassador agrees that all posts will follow an appropriate and non-vulgar approach; not containing swear words, nudity or any other inappropriate content.
• The Brand Ambassador must ask for BabyLayaway’s approval before posting to ensure that the post follows branding guidelines and the Brand Ambassador agreement.
• The Brand Ambassador must have written consent from both parties (Brand Ambassador and BabyLayaway) to terminate or modify the Brand Ambassador Contract.
• All persons applying to be Brand Ambassador must disclose all brands they are currently working with. BabyLayaway has the right to revoke all ambassadorships if brands have a conflict of interest.
• Brand Ambassadors must disclose information about past convictions or current disputes with BabyLayaway. BabyLayaway has the right to terminate contracts on the grounds of anti-social or dangerous behaviour.
• All Brand Ambassadors will be paid a month in arrears.
• Commission rates and bonus milestones are subject to change.
• If you have any questions, please get in touch with our media team via media@babylayaway.com.