Terms and Conditions

Version 1.7Last updated: 06 August 2020

These terms are valid until 30 June 2020 after which point they may be updated. If they are not updated on said date, then these terms will stay in effect until they are updated.

Please read these Terms of Service (“Terms”, “Terms of Service”) carefully before using the Just a Baby mobile application (the “Service”) operated by Just a Baby (“us”, “we”, or “our”).

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service. You warrant that you are at least 18-years-old and you are legally capable of entering into binding contracts. If you are under 18-years-old, you warrant that you have obtained consent from your parent or guardian and they agree to be bound by these Terms on your behalf, and then, you will stop using the service entirely, it is strictly for people over 18 years of age.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

ACCOUNTS

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

Agree not to disclose your password to any third party. Be fully responsible for activities that relate to your account or your password. Notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not set up a secondary account for the same human.  One user is equal to one account, this helps us identify and prevents scammers and creeps.

LINKS TO OTHER WEBSITES

Our Service may contain links to third-party web sites or services that are not owned or controlled by Just a Baby.

Just a Baby has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Just a Baby shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

We only provide links to external websites as a convenience, and the inclusion of such a link to external websites do not imply our endorsement of those websites. You acknowledge and agree that when you access other websites on the Internet, you do so at your own risk.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

TERMINATION

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms or Culture.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection therewith.

If applicable law requires us to provide notice of termination or cancellation, we may give prior or subsequent notice by posting it on the Service or by sending a communication to any address (email or otherwise) that we have for you in our records.

CULTURE & EXPECTED BEHAVIOUR

Once you meet someone via Just a Baby, your behavior toward the other person may impact your eligibility to continue to use Just a Baby.

Our culture policy applies to you whether you’re chatting on the app, chatting outside of the app, for example via email, or writing in online forums, or within other apps.

CONVERSATION AROUND CONCEPTION CHOICES

Natural Insemination, or sexual intercourse, is one of many paths to conception, some people choose this approach, other people choose other approaches such as Artificial Insemination, IUI, IVF, etc.  We welcome all users, and all approaches and people with all views.

It is forbidden to present arguments as facts to fellow users or in any online channel, promoting natural insemination (NI) over other forms of insemination as being more ethical, more effective, faster, easier, better for the child or being better in any way whatsoever.  The key is to not present your opinion as a fact ie: pontificating or being dogmatic about it.

You may not criticize a person for not choosing or preferring sexual intercourse.

NO BULLYING

Bullying is a misuse of power in relationships, with intention to cause psychological harm. Verbal, physical or social can be bullying behaviors.

Cyberbullying takes place over digital devices like cell phones and computers and includes but is not limited to sending, posting, or sharing negative, harmful, false, or mean content about someone else. It can include sharing personal or private information about someone else causing embarrassment or humiliation.

Bullying of any nature is not tolerated.

COERCION

You may not coerce anyone into sexual intercourse.

APP HOPPING

App Hopping is forbidden.  Example of App Hopping: I see you on one app, let’s say Just a Baby.  We do not match, or you stop chatting to me. So I find you on another app or channel, maybe, Facebook or LinkedIn or I try to contact you at your work.  If you do this, we will ban your account or if someone does this to you, please inform Just a Baby so we can ban their account.

People with racist views will not be tolerated, whether they are expressed either on or off the app.

NO VPNS

Masking your location by using VPNs is not allowed.

OTHER CHAT APPS

Our users are not allowed to communicate or offer to communicate with each other via KiK, or Telegram. If you want to stay anonymous, stay in Just a Baby app. If you’re luring people outside the app, AND remaining anonymous, then you’re probably dodgy. WhatsApp is ok, because it also shares your mobile number. Skype is ok.

DISCRIMINATION

Discrimination is not tolerated, especially any discrimination towards LGBTQI people or the LGBTQI community at large.

We understand that some of the above statements verge on preventing freedom of speech, but for reasons which should be obvious to a reasonable person, we need strict guidelines around this issue to prevent people being harassed.

NUDITY

Sending nude pics (pictures), dick pics or links to nude pics is not allowed unless the other person has expressly requested them.

CATFISHING

Catfishing is not allowed.

CRIMINAL BACKGROUNDS

People with any criminal background around sexual or physical assault, or anything related to child abuse or trafficking may not use the app.

CREEPY SEXUAL MESSAGES

Creepy sexual messages are not allowed.   Detailed sexual descriptions of various scenarios are rarely required and prior consent is a must.  Keep it clean.

DISCUSSION RE: DECLINING FERTILITY OR PROBLEMS

We don’t tolerate anyone pointing out perceived problems to another individual, such as “your fertility is declining”, or “you’re in a desperate situation”.  Or words to that effect. It’s nasty, and unimaginative, if you want to be mean or coercive, use your brain and get creative, and please leave Just a Baby.

We’re all getting older together, we’re all on a journey where our fertility declines with time, and we’re here to help each other in a positive atmosphere.

HEATED RESPONSES

If Person 1 breaks our culture rules 1st, then Person 2 responds with something defensive, then we’ll ban the person who started it, ie: Person 1.

IMPERSONATING OR MISREPRESENTING YOURSELF

You can agree to openly not disclose your identity, but you may not impersonate someone else.  The Masquerade Feature allows you to use an alias, but this is designed to be known, ie: “i know you are using an alias, and that is ok with me.”  People who pretend to be someone they are not, or those who impersonate someone else, will be permanently banned.

GOVERNING LAW

These Terms shall be governed and construed in accordance with the laws of New South Wales, Australia, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

DELETING YOUR ACCOUNT

You may delete your account at any stage by going into the settings page and pressing “Delete your account”. This will then delete your account, your connection and all information we have about you.

INFORMATION WE COLLECT ABOUT YOU

We may collect Personal Information, including Sensitive Data, and other information. Personal Information means information that would allow us to determine your actual identity, and be able to contact you and or any living person using the app. Sensitive Data includes information, comments or content (e.g. photographs, video, profile, lifestyle) that you optionally provide that may reveal your ethnicity, nationality, religion and/or sexual orientation. By providing Sensitive Data to us, you consent to the collection, use and disclosure of Sensitive Data as permitted by applicable privacy laws. We may also collect your geolocation information with your consent. By using the Service, you are authorizing us to gather, parse and retain data related to the provision of the Service. When you provide personal information through our Service, the information may be sent to servers located in the United States and countries around the world.

INFORMATION YOU PROVIDE

To log in to Just a Baby, you will use your Facebook credentials. As part of this integration with Facebook, this means we store your name, age, geo-location, gender, email address, photos and other information which could be used to identify you.

INFORMATION COLLECTED BY 3RD PARTIES FOR ADVERTISING PURPOSES AND PROVISION OF USEFUL INFORMATION

We allow service providers to provide targeted useful information and offer services to help our community. These service providers can track if you have requested more information about their services. Furthermore they can offer their information and services to targeted groups of users based on age, biological profile (Sperm/Egg/Womb/Embryo) and geological location.

HOW WE MAY USE THE INFORMATION WE COLLECT

We may communicate directly with you via email or via Just a Baby app Chat, to discuss your satisfaction with the service and feedback you may have, media interview opportunities, and/or casting opportunities for TV shows which Just a Baby may be involved with

We may allow 3rd party publicists to contact you via Just a Baby chat, to request interviews.

To improve our service and manage our business.

Perform research related to Just a Baby

To track advertising which is of interest to you

Via analytics tools, how you use the product

HOW WE SHARE YOUR INFORMATION

When you register with Just a Baby, your profile will be viewable by other users of Just a Baby. Any user can view your profile, and because they can take a screenshot, can potentially share your viewable information with any 3rd party, via services such as SMS, WhatsApp, email, Skype, etc. Further we provide functionality which allows sharing of people’s profiles information.

SAFETY

As with any online community there are a number of risks, further if you’re planning on having a baby with someone, there are additional issues around which to take extra caution. It is your responsibility to keep yourself safe at all times. You need to always use common sense and never make assumptions about anyone’s intentions. There are dangerous predatory people in the world, everywhere, there are no exceptions to that, so always be extremely careful.

You should always be careful when meeting anyone new, meet in public places, always bring friends with you. Your safety is your concern and we are unable to vouch for anyone using the service.

Ask for a police check from whoever you meet online.

Consult a family lawyer and obtain independent legal advice before proceeding with any conception activities.

You should always consult your doctor for appropriate screening, before you proceed with any conception activities.

See a family therapist before you proceed with any conception activities.

You should always report any suspicious profiles, chats or activities by contacting Just a Baby or reporting people via the inbuilt reporting functionality within the app.

Hence we recommend you attend a fertility clinic, many of which provide a free initial consultation, to understand the many other conception options available to you.

INTERNATIONAL PRIVACY ISSUES

Our primary data centres are in Australian and the United States.

If you are from the European Union or other regions with laws governing data collection and use, please be aware that you are agreeing to the transfer of your personal data, including sensitive data, by Just a Baby from your region to countries which do not have data protection laws that provide the same level of protection that exists in countries in the European Economic Area, including Australia and the United States. By providing your personal information, you consent to any transfer and processing in accordance with this Policy.

CHILDREN’S PRIVACY

Our app is rated 18+ and is intended only for adults. We do not knowingly collect, use or store any personal information about children.

CHANGES

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 15 days notice prior to any new terms taking effect.

It is your sole responsibility to periodically check these Terms for any changes. If you do not agree with any of the changes to these Terms, it is your sole responsibility to stop using the Service. Your continued use of the Service will be deemed as your acceptance thereof.

LEGAL WARNING

Any surrogates, sperm donors, egg donors or people seeking surrogacy or donor services from others, should seek legal advice prior to placing any messages indicating a desire to participate in such activities because legislation differs from place to place and in many jurisdictions you may find yourself in violation of the law.

Members residing in Australian Capital Territory (ACT) it is forbidden for you to seek a surrogate through Just a Baby due to Section 43 of the Parentage Act. You may be in violation of the law with punishments including years of imprisonment.

MEMBERS ONLY

Just a Baby is a private community. Once you download and install the app, you become a Just-a-Baby member. We reserve the right to delete member profiles and/or block individuals at our discretion for any reason whatsoever and with no explanation. It is not a public forum.

CONTACT US

If you have any questions about these Terms, please contact us at [email protected]

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