Pink shrub mobile app Terms of Use AS AT 28 November 2022.

BY DOWNLOADING THE APP YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS DO NOT DOWNLOAD THE APP

Your attention is drawn in particular to the LIABILITY PROVISIONS AT CLAUSE 13.

Introduction to this agreement

These terms of use (“Terms”) are the terms and conditions of the agreement which you enter into with Pink Shrub Limited (“Pink Shrub”, “we”, “our”, “us”) when you download the mobile app MoCo Health (the “App”), which is a mobile application containing written, visual and audiovisual content relevant to postnatal women’s health including but not limited to: exercise routines; descriptions of relevant stages in the prenatal and postnatal journey; daily pelvic floor exercise reminders; coaching and demonstration on how to do pelvic floor exercises; advice on wound recovery from an Obstetrician; lactation advice from a lactation consultant; nutritional advice from a female health nutritionist for healing the body after to delivery; mental health advice from a psychologist; pain management advice from a pharmacist; advice on skin and hair changes from a Dermatologist; advice around dealing with birth trauma; contraception advice from GP; education and advice around taboo subjects such as leaking, farting, constipation, faecal incontinence, hormones, returning to sex, prolapse; and rehab videos lead by physiotherapists to help connect to your core and strengthen your body for the demands of motherhood (the “App Content”). The App is available for download through Apple’s App Store and Google’s Play Store or such other app store as we may authorise.

Please read these Terms, together with all the documents referred to in it, carefully before you start to use our the App. By accessing and using the App, including by registering a user account, you indicate that you have read, understand and accept these Terms and that you agree to abide by them each time you access and use the App.
Any personal data that we receive through your use of the App or otherwise is processed in accordance with our [Privacy Notice]

Your Status

You warrant that:
you are legally capable of entering into binding contracts; and
you are at least 18 years old.

Our Status

The App is operated by Pink Shrub Limited is company incorporated under the laws of Ireland under company number 721017 with registered office at 22 Castle Avenue, Dublin 3, Ireland.

How The Agreement Is Formed Between You And Us

By downloading the App, you agree to these Terms which shall bind you.
When you download the App, you may be required to agree to other terms provided by your app channel provider (for example, the terms provided by Apple’s App Store, Google Play, or such other app store as we may authorise). Pink Shrub is not a party to your contracts with your app channel partner.
payment

The price payable for the App (the “Download Fee”) will be charged in the national currency displayed on the relevant app channel providers storefront page when you place your order. If VAT is payable on the Download Fee the price displayed will include VAT at the applicable rate.

Your Consumer Rights

If you reside in the European Union then you are entitled to change your mind and receive a full refund of the Download Fee within 14 days provided that you have not logged into or started to use the App during this period .

ACCOUNT Registration

After paying the Download Fee (as defined in Section 5 below) and downloading the App you will be required to create an account in order to the use the App.

You need to have a user account with us in order to use the App and to do this you need to register with us by following the user account creation prompts the first time you launch the App

When registering as a user of the App, you must provide us with accurate, complete and up-to-date information as requested at registration, save always that it is not mandatory to provide certain health information which we request, but do not require, that you provide. You warrant and agree that the information supplied with at registration will be truthful, accurate and complete and to promptly update the information you provide to us in the event that it changes.

Access and account security

Access to the content delivered through the App is password protected and following registration and payment you will be assigned user verification data including a username and password (“User Verification Data”) to permit access to and use of the App.

You agree to keep all User Verification Data strictly confidential. We have the right to disable, suspend or restrict any user identification name or password, whether chosen by you or allocated by us, at any time, at our discretion, including if, in our opinion, you have failed to comply with any of the provisions of these Terms.

You agree to promptly inform us (i) of any loss or theft User Verification Data; (ii) if you believe the confidentiality of any User Verification Data has been compromised; and (iii) of any actual or threatened unauthorised use of User Verification Data or the App.

You shall comply with any security procedures specified by Pink Shrub or its nominees from time to time and, if access to the App is through a third party server, any security procedures specified by that third party from time to time;

If you forget or lose your password, you should request a new password by visiting the “Change Password” section in the My Profile and Settings area or the “forgot password” button on the login screen.

ACCESSING the App and CONTENT

Subject to these Terms, you may use the App for your own personal and non-commercial use to: access, download, view, read and/or watch content made available on App (excluding source and object code, other than as made available to access and use to enable display and functionality) (“Content”) and to create and manage a user account. You may also provide feedback on the App. The foregoing limited license (i) does not give you any ownership of, or any other intellectual property right or interest in, any Content; (ii) may be immediately suspended or terminated in accordance with this these Terms; and (iii) does not permit you to use any Content outside the functionality of the App

As a condition of your access and use of the App, you warrant to us that you have the right, authority and capacity to enter into and be bound by these Terms.

You are responsible for making all arrangements necessary for you to have access to the App.

If you are not a registered user you must cease acceding our Content and using our the App immediately.

We may use any feedback and suggestions for improvement relating to the App that is provided by you unsolicited or otherwise (“Feedback”) without charge or limitation you hereby assign (or shall procure the assignment) of all intellectual property rights in the Feedback with full title guarantee (including by way of present assignment of future intellectual property rights) to the us at the time such Feedback is first provided to the us. To the extent that any Feedback is not or cannot be assigned to us as legal and beneficial owner you grant and agree to grant us, relating to all of your rights in the Feedback, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sublicensable and transferable right and license to incorporate, use, publish and exploit such Feedback for any purpose whatsoever, commercial or otherwise, including but not limited to incorporating it into any of our products or services, without compensation or accounting to you and without further recourse by you.

RIGHT TO USE and restrictions

You agree that you shall not (and you agree not to allow any third party to):

use or remove any copyright, trade mark or other proprietary rights notices contained in or on the App including but not limited to in or on any Content or other material obtained via the App;
use any robot, spider, website search/retrieval application, or other automated device, process or means to access, retrieve or index any portion of the App;
create user accounts by automated means or under false or fraudulent pretences or create multiple log ins;
transmit any malware, ransomware, spyware, viruses, worms, defects, Trojan horses or other items of a destructive nature to the App;
use the App to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that are deemed threatening or obscene;
use any device, software or routine that interferes with the proper working of the App, or otherwise attempt to interfere with the proper working of the App;
take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on our IT infrastructure; and/or
use the App, intentionally or unintentionally, to violate any applicable law.

TERMINATION

We may terminate these Terms and/or your access to the App with immediate effect and without prior notice in certain serious circumstances which may include:

if you breach any of the provisions of these Terms;
upon your bankruptcy, death or other incapacity; and/or
in the event of serious technical or security issues.
These Terms and your access to the App shall terminate with immediate effect in the event that you delete your account; and/or if we discontinue the App.

Upon termination of these Terms, you shall no longer be entitled to access and use the App and your account shall be deleted.

We will refund you such sums as you may be entitled to under applicable consumer law where:

you have notified our support team that you have not received the App and we fail to supply the App thereafter without undue delay or within a period agreed with you in writing;

we have told you about an error in the price or description of the App you have ordered and you do not wish to proceed with the purchase;
you have a legal right to end the contract because of something we have done wrong.

INTELLECTUAL PROPERTY RIGHTS

We are the owner or the licensee of all intellectual property rights in the App and in the Content published on it. Those works are protected by copyright laws, trade mark laws, database laws and treaties around the world. All such rights are reserved.

The App and Content (including, but not limited to, text, photographs, graphics, video and audio Content) are protected by copyright as collective works or compilations under the copyright laws of various jurisdiction. All individual articles, Content and other elements comprising the App are also copyrighted works. All aspects of the App, including all copyrights, trade marks, and other intellectual property or proprietary rights therein, is owned by us or our licensors. You acknowledge that the App and any underlying technology or software used in connection with the App contains our proprietary information.

You may not modify, reproduce, distribute, create derivative works of, publicly display or in any way exploit, any of the content, software, and/or materials available on the App in whole or in part except as expressly provided. Except as expressly and unambiguously provided in these Terms, we and our licensors do not grant you any express or implied rights, and all rights in the App and/or content not expressly granted by us to you are retained by us.

Some material on the App may contain other information containing intellectual property of a third party. Nothing displayed on the App should be construed as granting you any licence or right of use of any logo, information or trade mark displayed on it, without the express written permission of the relevant owner, save as expressly provided in these Terms.

You may print off one copy, and may download extracts, of any page(s) from our the App for your own personal, non-commercial reference. In particular, you must not cache any of the contents for access by third parties, nor mirror, scrape or frame any of the content of the App, nor incorporate it into another website or mobile app without our express written permission. You may also permit your Device to make an electronically stored, transient copy of the content on the App for the purposes of viewing it on that Device only.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, or any graphics separately from any accompanying text.

Our status (and that of any partners, advertisers or third parties identified on the App) as the authors of material on the App must always be acknowledged by you.

You must not use any part of the App including Content for commercial purposes without obtaining a licence to do so from us.

If you print off, copy or download any part of the App in breach of these Terms, your right to use the App will cease immediately and you must, at our option, return or destroy any copies of the materials that you have made.

OUR LIABILITY

You acknowledge that the information provided in the App including Content does not constitute medical advice as such you warrant undertake and agree:

to always consult your doctor before using and/or engaging in any exercises on the App;
the materials and information provided including the Content on the App is provided on an “as is” basis and are made available, without any warranty or representation of any kind, whether express or implied; and
to immediately stop any exercise if you feel any pain or injury and seek medical advice.
To the extent permitted by law, our liability in connection with the App is strictly limited to the amount that you have paid to us for the App.

This does not include or limit in any way our liability:
for death or personal injury caused by our negligence;
for fraud or fraudulent misrepresentation; or
for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.

You acknowledge and agree that we:
do not warrant that use of the App will be uninterrupted or error-free; nor that the App, App Content and/or any other documentation and/or the information obtained by you through the App will meet your requirements;
are not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and you acknowledge that the App may be subject to limitations, delays and other problems inherent in the use of such communications facilities;
will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, malicious or impairing computer programs or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the App or on any website linked to it; and
have no liability to you for any loss of earnings, loss of opportunity, loss of profit, anticipated profits, revenues, anticipated savings, goodwill or business opportunity, or for any indirect or consequential loss or damage.

We do not guarantee the security of the online services or any systems connected with the use of the App (including the internet and your hardware and software) used in accessing the App, or any information passed through such systems.

Any material downloaded or otherwise obtained through the use of the App is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from us or through or from the App shall create any warranty not expressly stated in these Terms.

All implied terms and conditions are hereby excluded to the fullest extent permitted by law.

LINKS FROM the App

Where the App contains links to other websites and resources provided by our partners or other third parties, these links are provided for your information only. We have 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. If you link to any such websites you leave the App and do so entirely at your own risk.

CONTACT FROM US

In the course of providing you services and in respect of your use of the App, we may need to communicate with you via email or the other details that you have submitted to us. You agree to receive emails which are specific to your account and necessary for the normal functioning of the App, including emails which help inform users about functionality of the App.

JURISDICTION AND APPLICABLE LAW

These Terms are governed by Irish law. The courts of Ireland will have non-exclusive jurisdiction over any claim arising from, or related to, these Terms.

These Terms are in addition to your mandatory statutory rights as a consumer, whether under Irish law or the laws of your country of residence. In particular no provision under these Terms shall affect your mandatory statutory consumer rights. If there is any conflict between these Terms and those rights, those statutory rights prevail.

The rights and remedies contained in these Terms are cumulative and not exclusive of rights or remedies provided by law.

VARIATIONS

We may revise these Terms at any time by amending the pages upon which they appear on our the App without giving notice of such modifications. Such modifications become effective immediately upon posting of the modified terms on the App. You agree to review these Terms periodically so that you are aware of any modifications. Your continued use of the App after any modifications indicates your acceptance of the modified Terms.

WAIVER

A failure to exercise or delay in exercising a right or remedy provided by these Terms or by law does not constitute a waiver of the right or remedy or a waiver of other rights or remedies. No single or partial exercise of a right or remedy provided by this these Terms or by law prevents further exercise of that right or remedy or the exercise of another right or remedy.

SEVERABILITY

In the event that any clause or any part of any clause in these Terms is declared invalid or unenforceable, by the judgment or decree by consent or otherwise of a court of competent jurisdiction from whose decision no appeal is or can be taken, all other provisions contained in these Terms shall remain in full force and effect and shall not be affected by such finding.

ASSIGNMENT AND ENTIRE AGREEMENT

We may assign or subcontract any or all of our rights and obligations of our agreement with you to a third party at any time, at our discretion. You may not, without our prior written consent, assign or dispose of any of your rights or obligations arising under these Terms.

These Terms contains the entire agreement and understanding between the parties relating to the App, and supersedes any and all prior agreements, arrangements, statements and understandings, except for any fraud or fraudulent representation by either you or us. In the event of any inconsistency between these Terms and the and the Privacy Notice, the Privacy Notice shall take priority.