TERMS AND CONDITIONS
These Terms and Conditions (“Terms”) govern the contractual relationship between:
– The Appy Learning Company, a company governed under the laws of England and Wales, with registration number 10464361, having its registered address at Kemp House, 160 City Road, London, England, EC1V 2NX (hereinafter referred to as the “Company” ),and
– Each parent, guardian, child, visitor or user (collectively referred to as “you” or “your”)
(i) accessing the ChattyBox Mobile App on your Android or iOS devise (hereinafter referred to as the “App”) and/or
(ii) using the Services (as defined below).
You and Company shall also here in after be referred to together as the “Parties” and individually as a “Party”.
Please read these Terms carefully before using the App. Your access to the App and your use of the Services (as defined below) is conditioned upon your acceptance of and compliance with these Terms.
- 1. Acceptance and Modification of Terms
By accessing the App and using the Services (as defined below) you agree to be bound by these Terms and accept to comply with all applicable laws and regulations. Should you disagree to be bound by these terms, in whole or in part, you shall (i) not be permitted/authorized to use the Services (as defined below), and (ii) refrain from accessing the App.
Your continued use of the App and Services shall be deemed to constitute your acceptance of these Terms.
Company reserves the right, at any time and in its sole discretion, to modify or replace these Terms. You shall be solely responsible for checking these Terms periodically, to stay abreast of any changes to the Terms. Your continued access to the App and use of the Services following the posting of any changes to these Terms shall be subject to the newly modified Terms.
- 2. The App and Services
Company provides you with access to the App, which allows younger children to learn a variety of languages via interactive games, videos and entertainment (the “Services”).
The App is a subscription-based app which is available for download via the App Store and Google Play Store with time-limited free access. As such, you acknowledge and agree to abide by the terms and conditions of the App Store and Google Play Store and will only use the App on a mobile device that runs the operating system for which it was intended and as permitted by the App Store’s and Google Play Store’s usage rules.
You may connect to the Services using any Internet browser supported by the Services. You are solely responsible for obtaining access to the Internet and the equipment necessary to use the Services.
You acknowledge that Company may change, suspend or discontinue any or all of the Services, at its sole discretion at any time, without notice and for any or no reason, temporarily or permanently.
- 3. License Grant
When accessing the App via a mobile application, Company grants you a revocable, non-exclusive, non-transferable, limited right to install and use the App on wireless electronic devices owned or controlled by you, and to access and use the App on such devices strictly in accordance with the these Terms.
Subject to these Terms and your payment of any applicable Subscription Plan (defined below) fees, Company hereby grants to you a limited, non-exclusive, revocable, non-transferable and non-sublicensable right to (i) access and use the Services; and (ii) display, view, play and print one (1) copy (unless we indicate otherwise) of certain printable activities made available to you through the Services on a personal mobile device, for your personal and non-commercial use only.
You may download and install the App on a mobile device including but not limited to your cellphone and/or tablet for the sole purpose of personally using the App to access the Services and for the purposes for which we provide the App and the Services to you.
All rights not expressly granted to you by Company are reserved by us and/or our licensors and other third parties.
- 4. Subscription Plan
Company provides the Services through the App on a weekly subscription basis.
Company currently offers a subscription plan on the App, tailored to your intended use of the Services (“Subscription Plan”). The Subscription Plan shall include the requirements that outline the features of the Subscription Plan that you will have access to, as well as the applicable fee. The features of the Subscription Plan shall be further detailed on the App.
Your use of the Service will be billed on a recurring weekly basis (“Billing Cycle”). At the end of each Billing Cycle, your Subscription Plan will automatically renew under the exact same conditions unless (i) you cancel the respective Subscription Plan from your User Account’s dashboard, or (ii) Company cancels the Subscription Plan, in accordance with these Terms.
App Store and Google Play Store. When you download Company’s App, you may do so through either the App Store or Google play Store. As such, you acknowledge, understand and agree that these Terms are strictly between you and us, and we are solely responsible for the provision of the Services.
- 5. Subscription Fees / In-App Purchases
You agree to pay all Subscription Plan fees and in-App purchases associated with your access and use of the Services, as charged by the App Store or Google Play Store, on time. As such, a valid payment method, including credit card or debit card, is required to process the payment for your Subscription Plan and In-App purchase on the App Store and/or Google Play Store. You shall provide the App Store or Google Play Store with accurate and complete billing information which includes your full name, business name, address, postal code, telephone number, and a valid payment method. By submitting such payment information, you shall automatically authorize App Store and/or Google Play Store to charge all Subscription Plan fees and/or in-App purchases incurred through your account to any such payment method, until cancellation of the Subscription Plan or until termination/suspension of these Terms as further provided herein under Section 15 (Suspension and Termination).
Company may at our sole discretion and at any time, modify the Subscription Plan fees. Any Subscription Plan fee change will become effective at the end of the then-current Billing Cycle. We shall provide you with reasonable prior notice of any change in Subscription Plan fees to give you an opportunity to terminate your Subscription Plan before such change becomes effective. Your continued use of the Services after the Subscription Plan fee change comes into effect constitutes your agreement to pay the modified Subscription Plan fee amount.
You acknowledge and understand that the Subscription Plan fee payments shall be strictly non-refundable.
Company does not guarantee that the Subscription Plan offered on the App, will be offered indefinitely and reserves the right to change the Subscription Plan fee and to alter the features and options associated with any particular Subscription Plan.
- 6. Acceptable Use of the App and Services
You may not use the App and Services to transmit, distribute, store or destroy any material or information (a) in violation of any applicable law or regulation; (b) in a manner that infringes Company’s Intellectual Property Rights (defined below) or any third party’s intellectual property rights; (c) in a manner that violates the privacy or other personal rights of third parties; and/or (d) that is defamatory, obscene, threatening, abusive or hateful.
When accessing the App and Services, you shall be prohibited from:
(i) using any robot, spider, other automatic device or manual process to monitor or copy any part of the App and Services;
(ii) using any device, software or the like to interfere or attempt to interfere with the proper functioning of the App and Services;
(iii) taking any action that imposes an unreasonable or disproportionately large data load on the App’s infrastructure;
(iv) copying, reproducing, altering, modifying, creating derivative works, or publicly displaying any content from the App and Services without Company’s prior written consent;
(v) reverse-assembling, reverse-engineering or otherwise attempting to discover any source code relating to the App or any tool therein, except to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
(vi) attempting to access any area of the App to which access is not authorized;
(vii) conducting any systematic or automated data collection activities on or in relation to the App and Services, including but not limited to data scraping, mining, extraction, harvesting, framing and article spinning, without Company’s prior written consent;
(viii) using the App to transmit or send unsolicited commercial and marketing communications for any purpose, without Company’s prior written consent;
(ix) make any false, misleading or deceptive statement or representation regarding the Company, the Apps or Services;
(x) transmit any viruses or other computer instructions or technological means whose purpose is to disrupt, damage, or interfere with the use of computers or related systems;
(xi) stalk, harass, or harm another individual;
(xii) impersonate any person or entity or perform any other similar fraudulent activity, such as phishing;
(xiii) sell or otherwise transfer your user profile on the App;
(xiv) attempt to circumvent any technological measure implemented by Company or any of Company’s service providers or any other third party, to protect the App and Services; and
(xv) advocate, encourage, or assist any third party in doing any of the foregoing.
- 7. Video Feature
The Services may offer certain features, including giving us access to the camera on your mobile device, so that you may film yourself (“Video Feature”). You acknowledge and accept that any videos you make via the Services and App shall remain strictly on your mobile device and as such you shall retain any all ownership rights to such video(s). The aforementioned feature shall be made available to you via your wireless Internet device. You further acknowledge and agree that your carrier may charge standard messaging, data, and other fees to your account, held with your carrier, which may appear on your bill or be deducted from your prepaid balance. You are therefore solely and exclusively responsible for (i) any incompatibility issues you experience with your carrier or wireless Internet device in using the Video Feature, and (ii) any and all costs associated with the use of the Video Feature using your wireless Internet device.
- 8. Personal Information and Privacy
- 9. Disclaimer of Warranties
Unless otherwise provided under these Terms, the Services shall be provided by Company to you “as is” and “as available” with all faults, defects, bugs, and errors.
COMPANY AND/OR ITS RESPECTIVE AFFILIATES (IF ANY), LICENSORS AND VENDORS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, ACCURACY, RELIABILITY OR COMPLETENESS OF (i) THE INFORMATION CONTAINED ON THE APP AND SERVICES, AND (ii) RELATED GRAPHICS PUBLISHED ON THE APP AND SERVICES FOR ANY PURPOSE. YOU ACKNOWLEDGE THAT THE INFORMATION AND RELATED GRAPHICS PUBLISHED ON THE APP AND/OR SERVICES COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS AND CHANGES.
COMPANY AND/OR ITS RESPECTIVE AFFILIATES (IF ANY), LICENSORS AND VENDORS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE INFORMATION CONTAINED IN THE APP AND YOUR USE OF THE SERVICES ON THE APP, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, RESULTS TO BE OBTAINED FROM USE, TITLE, NON-INFRINGEMENT, COMPATIBILITY, SERVICE AVAILABITY, QUIET ENJOYMENT OR INTEGRATION.
NEITHER COMPANY NOR ITS AFFILIATES (IF ANY), LICENSORS AND VENDORS MAKE ANY REPRESENTATION, WARRANTY OR GUARANTEE THAT THE INFORMATION THAT MAY BE AVAILABLE ON THE APP AND SERVICES IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE ELEMENTS OR THAT ARE INTENDED TO DAMAGE, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE YOUR COMPUTER SYSTEM, DATA OR PERSONAL INFORMATION.
COMPANY MAKES NO WARRANTY THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (II) THAT YOUR ACCESS TO OR USE OF THE APP AND SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, (III) THAT ANY DEFECTS IN THE APP AND /OR SERVICES WILL BE CORRECTED, OR (IV) THAT THE APP AND SERVICES OR ANY SERVER THROUGH WHICH YOU ACCESS THE SERVICES ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
ANY MATERIAL/INFORMATION DOWNLOADED, CAPTURED, SUBMITTED, CREATED OR OTHERWISE OBTAINED THROUGH THE USE OF THE APP AND SERVICES ARE ACCESSED AT YOUR OWN RISK, AND YOU WILL BE SOLELY LIABLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD, CAPTURING, SUBMISSION OR CREATION BY YOU OF ANY SUCH MATERIAL/INFORMATION.
- 10. Intellectual Property
All content, trademarks, data, information or information contained in any materials, or documents used by Company in relation to the App and Services, including but not limited to any and all copyrighted works, databases, text, user interface, visual interface, music, artwork, algorithms, graphics, icons, pictures, animation, activities, games, lessons, printables, characters, photographs, designs, videos, audio clips, sounds, logos, graphics, hyperlinks, domain names, software codes, information and agreements (“Content”), are the sole and exclusive property of or are licensed to Company. You may not reproduce, distribute or copy the Content by any means, whether electronically or not, without Company’s prior written permission.
Any and all intellectual property rights in the Content, App and Services, including all patents, rights in inventions, rights in designs, trademarks, trade and business names and all associated goodwill, rights to sue for passing off or for unlawful competition, copyright, moral rights and related rights, rights in databases, topography rights, domain names, rights in information (including know how and trade secrets) and all other similar or equivalent rights existing in the Content and Services, now or in the future in any part of the world, in each case whether registered or unregistered and including all applications for, and renewals or extensions of, such rights for their full term (“Company’s Intellectual Property Right(s)”), rests solely and exclusively in Company, its affiliates (if any), licensors or vendors, as the case may be. All rights not expressly granted by Company to you are reserved by Company. Save as expressly set out herein, you shall not acquire any right, title or interest in Company’s Intellectual Property Rights.
- 11. Limitation of Liability
COMPANY, ITS AFFILIATES (IF ANY), ITS LICENSORS, VENDORS, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, PROFIT, REVENUE OR CONTRACT, LOSS OF DATA, AND LOSS OF REPUTATION ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO THE APP AND FROM YOUR USE OF THE SERVICES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WHILE COMPANY TAKES PRECAUTIONS AGAINST SECURITY BREACHES, NO APP OR INTERNET TRANSMISSION IS COMPLETELY SECURE, AND AS SUCH, COMPANY AND ITS AFFILIATES (IF ANY), LICENSORS, AND VENDORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM UNAUTHORIZED ACCESS, HACKING, DATA LOSS, OR OTHER BREACHES THAT MAY OCCUR ON THE APP, THROUGH YOUR USE OF THE SERVICES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS, COMPANY’S (INCLUDING ITS AFFILIATES (IF ANY), ITS LICENSORS, VENDORS AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS) LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF ACTION, SHALL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, FOR THE SERVICE IN THE 12 MONTHS PRIOR TO THE INITIAL ACTION GIVING RISE TO LIABILITY. THIS IS AN AGGREGATE LIMIT. THE EXISTENCE OF MORE THAN ONE CLAIM HEREUNDER WILL NOT INCREASE THIS LIMIT.
- 12. Indemnification
You agree to indemnify and hold harmless Company from and against any liability, demand, damages, cost, or expense arising from any third party claim based on: (i) your violation of these Terms; (ii) your use or misuse of the App and Service(s); (iii) your infringement of Company’s Intellectual Property Rights; and/or (iv) your negligence.
In the event of a claim subject to indemnification hereunder, the indemnified Party shall: (i) Company shall indemnify and hold you harmless from and against any liability or expense arising from a third-party claim based on any Negligence of Company. “Negligence” shall mean gross negligence or intentional misconduct. promptly notify the indemnifying Party of the claim, (ii) provide the indemnifying Party with reasonable cooperation and assistance, at the indemnifying Party’s expense, to defend such claim; and (iii) allow the indemnifying Party the opportunity to assume the control of the defense and settlement of such claim. The indemnified Party shall be entitled to participate in the defense of such claim and to employ counsel at its own expense to assist in the handling of such claim. The indemnifying Party must obtain the prior written approval from a duly authorized signatory of the indemnified Party prior to entering into any settlement affecting the indemnified Party’s rights.
- 13. Age Restriction
You acknowledge and understand that persons under the age of eighteen (18) years old are prohibited from providing personal information via our App. As such, If you are under eighteen (18) years of age, you may only use our App with the supervision of a parent or guardian who is eighteen (18) years or older.
- 14. Suspension and Termination
Company may suspend or temporarily disable access to all or part of the App, User Account, or Services if (i) Company reasonably believes that you have violated these Terms; (ii) Company reasonably believes you of using the Services to promote your business or for any other reason; or (iii) applicable law enforcement or other government agencies have requested Company to suspend or temporarily disable your access to the App and/or Services.
If Company breaches any of its obligations under these Terms, you may terminate these Terms and close your User Account. Upon, your termination of these Terms and closing of your User Account, Company shall (i) block your access to all of the App, (ii) block your use of the Services, (iii) disable your User Account, and (iv) delete all of your data in your User Account.
- 15. General Provisions
Non-Exclusivity. The Parties’ respective obligations under these Terms are non-exclusive and nothing herein is intended to restrict you from accessing or using any other third party’s products or services, even if such products or services are similar to the Services provided by Company on the App. Nothing herein is intended to limit Company’s right to provide the Services to other registered users.
Severability. If any of the provisions or portions of these Terms are held to be invalid under any applicable statute or rule of law, they are to that extent deemed to be omitted from these Terms without in any way invalidating or impairing the other provisions of these Terms.
No Waiver. A Party’s failure or delay in enforcing any provision of these Terms will not operate as a waiver of the right to enforce that provision or any other provision of these Terms at any time. A waiver of any provision of these Terms shall be in writing, specify the provision to be waived and signed/executed by the party agreeing to the waiver.
Notices. Except as otherwise provided under these Terms, any notice required or permitted to be given will be effective only if it is in writing and sent by certified mail, registered mail, courier or to email@example.com.
Entire Agreement. These Terms represents the entire agreement between the Parties relating to the subject matter hereof. These Terms alone fully and completely expresses the agreement of the Parties relating to the subject matter hereof. There are no other courses of dealing, understanding, agreements, representations or warranties, written or oral, except as set forth herein.
Governing Law & Dispute Resolution. These Terms, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with the laws of England and Wales. You agree that in respect of any dispute arising upon, over or in respect of any of the terms and conditions of these Terms, only the London Court of International Arbitration (LCIA) shall have jurisdiction to try and adjudicate such dispute to the exclusion of the English Court system.
- 16. Contact Information
Should you have any questions concerning these Terms and/or any issues or concerns about the App and/or Services you may contact Company at firstname.lastname@example.org.
Effective Date: 28-10-2020