CoC number 56891903, with registered office in Amstelveen, VAT number NL852349804B01.
Mammietalks B.V. is a private limited company based in Amstelveen, registered with the Chamber of Commerce in Amsterdam, which has developed a platform under the name Mommytalks, as part of which the users of this platform can watch online videos about products and services and respond to them. Mammietalks BV operates the website www.mommytalks.co.uk, www.mammietalks.nl, www.mommytalks.nl and www.mommytalks.de. Apart from on the Mommytalks website, the videos can also be watched on social media channels and on partner channels and/or retailers' websites. In addition to the videos, Mommytalks shall also offer other services, in the broadest meaning of the word
Article 1 Definitions
For the purpose of the provisions below, the following definitions shall apply:
General terms and conditions of Mommytalks: here are the General Terms and Conditions applicable to all the Services offered by Mommytalks and to the legal relationship between Mommytalks and the User.
Company: any company, organisation or other body with which Mommytalks has entered into an agreement.
Content: spoken and filmed content of the videos, description with the videos and description with the photographs. Manufacturers do not have any influence on the content whatsoever. Mommytalks is the owner of the content.
Service(s): The facilitation by Mommytalks of an online platform with review videos made by mothers, to which other people can respond. Sharing these review videos using Mommytalks channels and online partners, for the purpose of helping mothers to make product choices based on the experiences of other mothers. Any associated services in the broadest sense of the word.
User(s): any natural person or legal person who watches a Mommytalks video, responds to it or produces it.
Mommytalks Account: the User's own personal secure environment within the Mommytalks Platform.
Mommytalks Platform: the website www.mommytalks.co.uk and www.mommytalks.nl operated by Mommytalks, the Mommytalks application on social media channels and other applications developed by Mommytalks for tablets and/or mobiles or other channels launched by Mommytalks or a partner on which the Users can apply the content.
Newsletter: newsletters with information about new products, videos and other content assembled by Mommytalks, periodically sent out by Mommytalks by email.
Client: Manufacturer who asks Mommytalks to produce a video. The manufacturer has no influence on the content whatsoever.
Video: The videos developed by Mommytalks of mothers. Mommytalks has no influence on the content, but on the tone of voice. Mommytalks is the owner of the videos.
Working day: any working day in the Netherlands, before 5 p.m.
Article 2. Mommytalks services
2.1 Mommytalks is an online community, where visitors can read articles, view videos and use interactive tools. There is also an option to receive newsletters and to shop using the webshop. On Mommytalks, visitors can communicate with other visitors through the online community.
2.2 Mommytalks does not regulate the content of the communication in the online community between users or between users and the Mommytalks' service. Mommytalks has no control over the quality, safety, legality, integrity or accuracy of the different elements of the service. Mommytalks is not liable for the actions or omissions of its users, including the files, data and/or material that they make available on the Mommytalks website. Mommytalks therefore gives no guarantees in relation to the content of files, data and/or material that are made available by the users.
2.3 Mommytalks can also offer other associated Services, as specified in greater detail on the Website. Mommytalks is authorised at all times to change the Services it provides or to make any improvements that it considers useful or necessary in order to safeguard the continuity, development and protection of its Services.
Article 3. Account/Profile
3.1 Apply for your own account in the manner described on the Website, in order to gain access to the Mommytalks community. Mommytalks can determine at its own discretion whether an account shall be provided.
3.4 You are not allowed to create accounts in the name of another person, unless the other person gives permission to do so.
3.5 You are responsible for keeping your account password secret and are not permitted to give others access to Mommytalks through your account. You are responsible for everything that happens when others use your account, with or without your consent or knowledge in the period prior to you informing us of any unauthorised use.
3.6 You can terminate your account with us at any time by using the procedure described in your account information on the Mommytalks website.
3.7 Profiles are only intended for natural persons. Companies can create a special brand page. Contact Mommytalks for this purpose on email@example.com. Any company profiles created without Mommytalks' consent shall be deleted.
3.8 Participation in Test panel; Participation in the Mommytalks test panel is only permitted by members of Mommytalks and in consultation with the Mommytalks team; i.e., those with an approved profile with the Mommytalks community.
3.9 No correspondence is conducted about participation in the test panel. Mommytalks carefully selects the participants permitted to take part in the various product trials. Registering for the test panel does not automatically entail that the participant will actually take part in a product trial. There are a limited number of places available on the panel. Mommytalks will try and distribute them as well as possible.
3.10 Participations as a video motivator; Participation in a video motivation team can take place by submitting an application via the website. The Mommytalks team will contact you afterwards.
4. Use of the Website
4.2.1 be based on untruths and/or be misleading;
4.2.2 breach the rights of Mommytalks or third parties, including copyrights, related rights, trademark rights or any other intellectual property rights or rights relating to privacy protection;
4.2.3 be contrary to any law, rule, regulation or other applicable legislation;
4.2.4 contain viruses, Trojans, worms, bots or other software that can damage electronic work or data, make them unusable or inaccessible, delete or appropriate them, or that are intended to bypass the technical defences of the Website and/or computer systems of Mommytalks;
4.2.5 be of a commercial nature, unless Mommytalks gives written permission for it; or
4.2.6 be in any way unlawful in relation to Mommytalks and/or a third party.
5. Intellectual property rights
5.1 You acknowledge and agree that the Website contains files, other content and programs that are the property of Mommytalks, licensors and/or users of Mommytalks and that are protected by applicable intellectual property rights, including but not limited to copyrights, database rights, related rights, trademark rights and patents.
5.4 You hereby declare not to take any actions that may infringe the (intellectual property) rights of Mommytalks or third parties. You acknowledge and accept that any unauthorised use of files, data and material covered by intellectual property rights is a breach of these terms and conditions and the applicable legislation, including but not limited to the Copyright Act. Without prejudice to the above, the activities described in Article 4.2 are also described as a breach of the exclusive property rights of Mommytalks to its computer systems.
5.5 Notifications or messages in relation to intellectual property rights must not be removed, made illegible, hidden or altered.
6. Uploading files/licence
6.2.1 a free of charge, unencumbered, global, non-exclusive licence that can be sub-licensed
184.108.40.206 to use, multiply, distribute and publish the files, data and/or material in relation to the Mommytalks service; and
220.127.116.11 to use and multiply the files, data and/or material (and to give permission to third parties to use and multiply them) in any media at all, for the purposes of marketing, promotion or other objectives in relation to the Mommytalks services;
6.2.2 the right to remove any files, data and/or material that you made available from the Mommytalks servers and from the Website, intentionally or unintentionally, and for any reason at all, or also without reason, without Mommytalks being held liable to you or a third party in any way whatsoever as a result of such removal.
6.3 The licence referred to in article 5.2 terminates at the time when Mommytalks removes the files, data and/or material concerned from the Website.
6.5 You are fully, independently and solely responsible for any use you make of the website, including - but not limited to - making files, data and/or material available and for sending and sharing files, data and/or material.
6.7 By making files, data and/or materials available to Mommytalks, you guarantee that
6.7.2 the files, data and/or material that you make available do not breach any legislation or any rights of third parties, including rights under agreements, intellectual property rights and privacy rights, that they are not illegitimate in relation to third parties or Mommytalks in any other way, and that no consent or licence is needed or required from you or from any third party to use the files on the website;
6.7.3 you are not limited by any incompetence, restriction or prohibition in relation to your right to act in conformity with these terms and conditions and/or to make files, data and/or material available;
6.7.4 Mommytalks will not be obliged to make any payment of any nature to anyone at all, including to persons and parties whose execution or concepts are contained in the files, data and/or material that you make available, or to the producer(s), publisher(s) or maker(s) of it, including to collective rights organisations;
7. Forbidden content
7.1 This article sets out a non-exhaustive list of content that you must not make available on Mommytalks under any circumstances (note that it is entirely at Mommytalks' discretion to determine which content is permitted):
7.1.1 Content that can be described as discriminatory in terms of race, religion, gender, culture, origin or as offensive in any other way;
7.1.2 Content that incites violence and/or hassling others;
7.1.3 Content that leads to or is the outcome of exploitation or the abuse of others;
7.1.4 Content that Mommytalks considers to be in breach of public decency or good taste; content that is violent or that contains a link to pornographic material or pornographic sites, or that contains pornographic or erotic material;
7.1.5 Content that contains requests for personal details of minors and/or making the personal information of others available;
7.1.6 Content that promotes or perpetrates illegal activities;
7.1.7 Content that infringes intellectual property rights, privacy rights, or content that infringes any other rights of Mommytalks or of third parties;
7.1.8 Content involving chain letters, junk mail or spamming and/or requesting passwords or other information that can be traced back to persons for commercial or illegal purposes;
7.1.9 Content related to commercial activities without the prior written consent of Mommytalks, such as adverts, lotteries, competitions or pyramid schemes;
7.1.10 Content that includes a picture or image of another person without that person's consent;
8. Notification of unlawful content
8.1 Mommytalks will examine any notifications of infringements against the rights of third parties by Mommytalks' users and if possible, take steps against them. If you consider that a user of Mommytalks breaches your rights, please let us know by sending us an email on info@Mommytalks.nl. This notification must;
8.1.1 contain the URL of where the material that contains the breach in our opinion can be found on the Mommytalks website;
8.1.2 contain a statement that in your opinion, a breach is taking place of your rights, and why;
8.1.3 contain contact information of where Mommytalks can contact you, such as your name, address, phone number and email address;
8.1.4 contain a statement, supported by evidence, that the information in your communication is correct and complete and - if it is an infringement of intellectual property rights - that you are the owner of the intellectual property rights concerned;
8.1.5 be signed by the owner of the intellectual property rights or the person who is demonstrably authorised to act on behalf of the owner;
8.1.6 in the event of an alleged breach of intellectual property rights, contain a description of the works that are allegedly infringed, with a specification of the infringing aspects.
8.2 Mommytalks reserves the right to forward the notification to the person(s) or company responsible for the content the notification refers to.
8.3 If it appears from the notification that the content is undeniably unlawful, it will be removed or blocked by Mommytalks.
8.4 Mommytalks reserves the right to decline a request to remove or block content if it has well-founded reasons to doubt the accuracy of the notification or the legitimacy of the evidence provided, or if the content which the notification relates to is not unmistakeably illegitimate. For example, in this context, Mommytalks can demand a court decision from a competent court in the Netherlands, which decision indicates that the content concerned is undeniably unlawful.
8.5 By sending a notification, you indemnify Mommytalks and all affiliated companies, as well as its Executive Board, the Board of Directors, employees, representatives and legal successors against any claims from third parties in relation to the information being removed or blocked. The indemnification also relates to any present and future loss and costs incurred by Mommytalks in relation to such claim, including - but not limited to - the reimbursement of costs for legal assistance.
8.6 Mommytalks will never be a party in a dispute between the party from where the notification originated and the user that the notification related to.
9. Discontinuation and availability of services
9.1 In addition to the other (legal) resources that are at Mommytalks' disposal, Mommytalks is entitled at any time, without stating its reasons and without prior explanation, (temporarily) to restrict, suspend or block your activities in relation to Mommytalks, to freeze or delete your account temporarily or permanently, to remove any files, data and/or material, to issue a warning, to terminate the service temporarily and to refuse to grant you services, particularly, but not exclusively, if:
9.1.2 we are of the opinion that your activities can inflict damage or liability to yourself, other users or Mommytalks. Mommytalks shall not under any circumstances be liable.
9.2 If Mommytalks discontinues your use of a paid service, regardless of the reason why, you are not entitled to a refund of any (advance) payments made. In those cases, any amounts already paid accrue to Mommytalks.
9.3 Mommytalks does not guarantee that the Mommytalks service will be available at any time and without interruptions or errors.
11. Third-party content
11.1 It is possible that the Website contains applications, content and services of third parties and/or links to third-party websites ('Third-party content'). The inclusion or presence of Third-party content on the Website does not imply that Mommytalks has approved or checked the content concerned. Mommytalks is not responsible for the content and function of Third-party content or for any use of it by the Website's users.
11.2 Third-party applications on the Website are governed by Mommytalks' API conditions.
11.3 Products or services offered by third parties are subject to the applicable conditions of those third parties.
Mommytalks operates from an independent perspective. The opinions expressed on Mommytalks originate from the video producers themselves or are reactions from registered visitors.
13. Reimbursement and costs
13.1 No costs are associated with using Mommytalks as a visitor, nor can any payment be accrued from visiting Mommytalks.nl
13.2 Mommytalks can request payment for playing Mommytalks videos on other channels, other than agreed with Mommytalks.
13.3 These general conditions relate to quotes to third parties.
13.3.1 Quotes are valid for a fortnight. Mommytalks can tacitly extend these quotes. The party that was quoted to cannot lay claim to it, and no rights can be derived from the quote as it is produced.
If any Mommytalks invoice is not settled within the agreed term, the client is automatically in default, without a need for an additional reminder or a notice of default.
If the client fails to pay an invoice, or pays it late, it results in any other claims against the client becoming immediately payable. Mommytalks is entitled in that case immediately to suspend all its activities for the benefit of the client concerned with immediate effect, without incurring any liability towards the client as a result.
If the client exceeds the agreed term of payment, the client will owe Mommytalks interest on the outstanding claim(s) at the rate of 1.5% per month over the combined amount of any outstanding claims, for which calculation a part of one month must be considered as a complete month.
All costs, both judicial and extrajudicial costs, which Mommytalks needs to incur to enforce its rights are for the client's account. The extrajudicial accounts amount to at least 15% of the amount owed by the client, with a minimum of €70 (in full: seventy Euro) excluding VAT.
Any payment of an invoice issued by Mommytalks must always be made without any discount or set-off. Regardless of their nature, disputes never entitle the client to refuse and/or suspend the payment of payable invoices.
Complaints can only be made in writing and within eight days from execution of the task, or within eight days from when the client could reasonably have discovered the shortfall.
15 Rights and obligations of Mommytalks
15.1 Mommytalks undertakes to use all reasonable resources at its disposal to ensure access to its Services and to its Website.
15.2 Despite these efforts, certain technical problems may occur, causing the Services or the Mommytalks Platform to be unavailable. Mommytalks will endeavour to resolve the technical defects within a reasonable term.
15.3 Mommytalks is entitled voluntarily to interrupt access to the Mommytalks platform or to specific Services without prior notice for the purpose of repairing technical problems, to make improvements or security measures, or in relation to maintenance. Mommytalks endeavours to inform the User of anticipated interruptions, giving reasonable advance notice. Under no circumstances can Mommytalks be held liable for loss arising from such interruption.
16.1 Mommytalks does not accept any liability for loss as a result of an attributable failure to fulfil the agreement to provide services, including, but not limited to loss arising from or related to the use of the Website or an inability to use it and/or any associated Mommytalks services, or for loss resulting from an unlawful act or in another way, insofar this is permitted in accordance with on mandatory law.
16.2 Mommytalks is in any case never liable for consequential damage, including purely financial loss, a loss of sales or profit, a loss of data or immaterial loss, in relation to or arising from the services performed by Mommytalks and/or your use of the Website.
16.3 Any right to compensation is conditional upon the loss being reported to Mommytalks as soon as possible after it has been sustained. Any claim for damages against Mommytalks lapses by the mere expiry of twelve months since the claim has arisen.
16.4 However, this limitation of liability is not intended to exclude Mommytalks' liability for intent and/or gross negligence by Mommytalks ('own culpability') and/or the board of directors of Mommytalks.
17 Other provisions
17.2 Without prejudice to any statutory obligations on Mommytalks to retain the agreement between you and Mommytalks for using the Website, Mommytalks is not obliged to keep any archived agreement accessible to you.