AGREEMENT – PARENTS AND OTHER NON-PROFESSIONAL USERS

Effective Date: 16 December, 2023

The Family Matters website (“Site”) and mobile application (“App”) (together, “Platforms”) are operated by Family Matters Ltd (“we,” “us,” or “our”), a limited company registered in England and Wales under company number 13952109 whose registered office is at 1 Parkview Court, St Pauls Road, Shipley
BD18 3DZ.

This agreement (“Agreement”) is between us and you (“you” or “your”). It governs your use of the Site (whether as a registered user or a guest) and the App including, without limitation, browsing, accessing and/or otherwise using any information, data, content, design, text, graphics and interfaces on the Platforms (excluding any information or data provided by you) (“Content”) or any services provided through the Platforms (including standard subscription services and premium features) (a “Subscription”).

Any rules or policies applied by any app store provider or operator (“App Store”) from whom you downloaded the App (“App Store Rules”) are incorporated into this Agreement by reference but in the event of conflict, the terms of this Agreement shall prevail. Family Matters Ltd and Alphabet, Inc. and Amazon.com Services, LLC are not a party to this Agreement; however, Family Matters Ltd, Alphabet, Inc., and Amazon.com Services, LLC are third party beneficiaries of this Agreement as it pertains to the App. As such, once you accept this Agreement, Family Matters Ltd, Alphabet Inc., and Amazon.com Services, LLC shall have the right to enforce this Agreement against you as they pertain to our App.

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE COMPLETING YOUR REGISTRATION AND/OR USING THE PLATFORMS AND/OR DOWNLOADING AND INSTALLING THE APP. IF YOU DO NOT ACCEPT THE TERMS OF THIS AGREEMENT, YOU MAY NOT USE THE PLATFORMS.

By accessing or using the Platforms, or by downloading and/or installing the App, you agree to the terms and conditions contained in this Agreement.

We may revise this Agreement at any time by amending this page. Please check this page from time to time to take notice of any changes we have made as they are binding on you.

A. Access

We do not guarantee that the Platforms or the Content will always be available or be uninterrupted. We will use reasonable efforts to promptly remedy any faults with the Platforms of which we become aware. For registered users, we will use reasonable efforts to promptly remedy any faults with the Platforms within a 24-hour period. For guest users, access to the Platforms is only permitted on a temporary basis. For all users, we may suspend, withdraw, discontinue or change all or any part of the Platforms without notice.

We may update the Platforms from time to time and may change the Content at any time. However, please note that any of the Content may be out of date at any given time and we are under no obligation to update it. We do not guarantee that the Platforms or the Content will be free from errors or omissions. You are responsible for making all arrangements necessary for you to have access to the Platforms including (without limitation) configuring your information technology and software in order to do so. Any compatibility requirements for the Site will be detailed on the Site. The App may be downloaded or streamed to your mobile telephone or handheld device (“Device”) and any compatibility requirements will be detailed on the relevant App Store page. If we update the Platforms, you may need to update your information technology and software in order to continue using them.

The App may be downloaded free of charge from an App Store. However, please note that the use of the App and the Platforms on any Device will be subject to any rates and fees charged by your wireless communications services provider.

All information you provide to us through the Platforms must be current, accurate and complete. If we at any time discover any error or omission in the information you provide to us, we may, at our option, terminate your right to access and use the Platforms.

B. No Reliance

The Platforms are not a substitute for the professional advice of a solicitor, mediator or other legal professional. We do not give legal advice, nor do we provide legal services, and in each case the Content and Platforms should not be treated as such. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the Content. You acknowledge that your reliance upon the Platforms and any Content is solely at your own risk.

Any schedules, appointments, expenses, notes, contacts, forum posts, chat content and other data or information provided through the Family Matters app and website platforms (collectively “App Data”) is for informational and planning purposes only. App Data may be incomplete, inaccurate, or out-of-date. Reliance on any App Data, including but not limited to schedules, appointment details, expense tracking, notes, contacts, forum posts and chat content is solely at your own risk.

Family Matters Ltd makes no representations or warranties as to the completeness, reliability, accuracy or timeliness of any App Data. You acknowledge that App Data does not constitute a definitive or legally-binding record, and should not be treated as such.

You are solely responsible for independently verifying, through direct communication with the relevant parties or consultation with legal professionals, the accuracy of any arrangements, commitments or understandings referenced in App Data before relying on them. Family Matters Ltd shall not be liable for any loss, damage or inconvenience resulting from reliance on App Data.

You should retain your own separate records and documentation of co-parenting schedules, appointments, expenses, notes, contacts and communications to ensure you have a reliable record. In the event of any discrepancy between App Data and your own records, your own records shall take precedence.

C. Security

A password or another form of authentication (“Authentication Method”) is required to access and use the Platforms. You are solely responsible for: (1) maintaining the strict confidentiality of the Authentication Method assigned to or created by you; (2) instructing any person to whom you disclose your Authentication Method not to disclose it to another person or allow another person to use it to access any part of the Platforms without your express permission; (3) any access to or use of the Platforms through your Authentication Method; and (4) any charges, damages or losses that may be incurred or suffered as a result of your failure, or the failure of any person using or accessing your account with your consent, to maintain the strict confidentiality of the Authentication Method. You must promptly inform us in writing of any unauthorised use of your Authentication Method or of any need to deactivate an Authentication Method due to security concerns. You are liable for any unauthorised use of the Platforms until you do so.

We are not liable for any loss or damage arising out of or in connection with the authorisation, disclosure or theft of your Authentication Method. We have the right to disable your Authentication Method and/or your account at any time, if in our reasonable opinion you have failed to comply with any of the provisions of this Agreement.

D. Permitted

Account Users A Subscription Account gives you access to and use of the standard Subscription to you only as set out on the Platforms. It allows you to give others limited access to the Platforms as described in Section D above.

Permitted account users include the child or children whose life and information you wish to manage and other family members such as grandparents or childcare providers. They will be able to access the service using a unique and different email.

Permitted account users are required to accept the terms and conditions contained in this Agreement when registering to use the Services, save that Sections I and J will not apply to them.

Any parent subscriber accepts them on behalf of their child or children.

Parent subscribers are also responsible, however, for the failure of their permitted account users (particularly any child to whom access is permitted) to comply with the terms of this Agreement.

A Parent Account also lets you link your account to that of your legal representative and/or a mediator assisting with your relationship breakdown or child’s or children’s residence and contact arrangements.

Your legal representative will need to accept similar terms and conditions applicable to professional users.

E. Ownership, Licence and Use of Intellectual Property

We are the owner or the licensee of all intellectual property rights (including, without limitation, all copyright and trade marks) in the Platforms and the Content. Those works are protected by laws and treaties around the world. All such rights are strictly reserved. Subject to the terms of this Agreement, and only during the term of this Agreement, we hereby grant, and you hereby accept, a limited, non-exclusive, revocable, non-transferable licence to use the Platforms and the Content for the purpose of using your Subscription only. You may download the App to your Device but we remain owners of the App and the Content.

You may make or print copies, and may download extracts, of any pages on the Platforms solely for your personal, non-commercial use. Any Content you download or print may not be altered in any way, and must respect all intellectual property rights and notices wherever contained in the Content.

You agree that you will not copy, modify, alter, revise, paraphrase, display, store, sublicence, publish, transmit, sell, rent, lease, grant any security interest in, create derivative works from, or distribute the Platforms or the Content, or any part of them, except as expressly authorised in this Agreement. You further agree not to modify in any way, or delete, any warnings, notices, liability limitations, or other licence provisions contained on the Platforms or in any Content.

No other rights or licences, whether express, implied or otherwise, are granted or intended. ANY UNAUTHORISED OR UNAPPROVED USE OF THE PLATFORMS OR THE CONTENT MAY CONSTITUTE INFRINGEMENT OF OUR, OR OUR LICENSEE’S, RIGHTS, FOR WHICH YOU MAY BE LIABLE FOR CIVIL AND CRIMINAL PENALTIES UNDER APPLICABLE LAWS AND REGULATIONS.

In the event of any third party claim that the Platforms infringe that third party’s intellectual property rights, Family Matters Ltd, not Apple, Inc. nor Alphabet, Inc., or Amazon.com Services, LLC, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.

F. Content Contributions

You agree that any content you provide to us through the Platforms is accurate and not misleading and that you have the necessary rights to provide it to us. Upon submission, you grant us a worldwide, non-exclusive, royalty-free, perpetual and irrevocable licence to use, modify, adapt, publish, distribute, translate and create derivative works from your content, in any medium, including social media, for the purposes of promoting and developing the Platforms.

We reserve the right to reject or remove any content at our sole discretion.

G. Indemnification

You agree to indemnify, defend and hold us and our officers, directors, employees, affiliates, agents, licensors, suppliers and service providers harmless from and against any and all claims, liabilities, damages, losses or expenses, including reasonable legal fees, arising out of or in connection with your use of the Platforms, any breach of this Agreement by you or any violation of any law or regulation by you.

H. Termination

We may terminate this Agreement immediately upon written notice to you if we reasonably believe that you have breached any of the provisions of this Agreement; or if you are using the Platforms for any illegal or unauthorised purpose. We may also suspend or terminate your access to the Platforms if you fail to pay any fees due under this Agreement.

If this Agreement is terminated, you will immediately cease using the Platforms and destroy all copies of the Content you have downloaded.

I. Professional Users

If you are a professional user (being a solicitor, mediator or other legal professional providing services to parents or children in relation to their relationship breakdown or child’s or children’s residence and contact arrangements), you must comply with the following additional terms and conditions:

You must use the Platforms solely for professional purposes and not for any other purpose.

You must respect the confidentiality of your clients’ information and not disclose it to any third party without their prior written consent.

You must not use the Platforms to engage in any conduct that is fraudulent,misleading or deceptive.

You must not use the Platforms to send any unsolicited commercial communications.

You must not represent yourself as a Family Matters Ltd employee or agent.

You must not use the Platforms to promote your own services in a manner that is unprofessional or misleading.

J. Parental Responsibility

As a parent, you are responsible for your child’s or children’s use of the Platforms. You should supervise your child’s or children’s use of the Platforms and ensure that they understand the terms of this Agreement. You should also be aware that your child may be able to access materials through the Platforms that are inappropriate for their age. You should also be aware that your child may be able to contact other people through the Platforms, including strangers. You should therefore advise your child not to disclose any personal information to other people through the Platforms.

K. Non-Solicitation

You agree that you will not, during or after the term of this Agreement, solicit, hire or attempt to hire any of our employees or representatives for any purpose without our prior written consent.

L. Entire Agreement

This Agreement constitutes the entire agreement between you and us regarding your use of the Platforms and supersedes any prior or contemporaneous communications, representations or agreements, whether oral or written.

M. Governing Law and Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of England and Wales. You agree to submit to the exclusive jurisdiction of the courts of England and Wales.

N. Severability

If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck from this Agreement and the remaining provisions shall remain in full force and effect.

O. Waiver

Our failure to enforce any provision of this Agreement shall not constitute a waiver of such provision.

P. Notices

All notices and other communications hereunder shall be in writing and shall be deemed to have been duly given when delivered in person, upon the first business day following deposit in the United Kingdom mail, postage prepaid, certified or registered, return receipt requested, addressed as follows:

If to us: Family Matters Ltd
1 Parkview Court,
St Pauls Road,
Shipley
BD18 3DZ

If to you: At the email address or postal address you provided to us when you registered for a Subscription.

We may also notify you of changes to this Agreement by posting such changes on the Platforms or by sending you an email to the email address you provided to us when you registered for a Subscription.

Q. Miscellaneous

This Agreement is personal to you and you may not assign or transfer any of your rights or obligations under this Agreement without our prior written consent. We may assign or transfer our rights.