ALIF BAA TAA KIDS STANDARD TERMS AND CONDITIONS OF USE
|“We”/“Us”/“Our/The Company”||Sacred House Productions Limited (Company Number: 12144402) t/a “Alif Baa Taa Kids”|
of 61 Bridge Street Kington United Kingdom HR5 3DJ together with any other trading styles used, successors-in-title and/or assignees
“You”/”Your” “the Client/the User” –
Anyone who uses the App and/or otherwise deals with the Content as defined below.
|“the App” –||Alif Baa Taa Kids Mobile App and/or any related software|
- Sacred House Productions Limited t/a Alif Baa Taa Kids allows users to access digital content including all features and functionalities, recommendations and reviews, the website, and user interfaces, as well as all content and software associated with our service (“the Content“) streamed and/or downloaded over the Internet to certain Internet-connected TVs, computers; tablets; notepads and/or other mobile electronic devices (“the Devices“).
- These Terms and Conditions of Use govern your use of the App; the Content and/or any related services.
- You must be 18 years of age, or the age of majority in your province, territory or country, to use the App or the Content. Minors may only use the service under the supervision of an adult.
- We reserve all rights, copyright, ownership, rights of possession and use, proprietary and/or any other legal interests and title in all intellectual property contained in and/or relating to the App, the Content and/or any other related software.
- The App and all of the Content are for your personal and non-commercial use only and may not be shared with individuals beyond your household. During your use of the App or the Content, we grant you a limited, non-exclusive, non-transferable right to access, use and/or view the App and or the Content. At no material time, will any right, title or interest in either the App or the Content be transferred to you. You agree not to use the App or the Content for public performances.
- You may use the App and/or view the Content primarily within the country in which you have established your account and only in geographic locations where we offer our service. The content that may be available to watch will vary by geographic location and will change from time to time.
- You also agree not to: circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the App and/or the Content; use any robot, spider, scraper or other automated means to access the App or the Content; decompile, reverse engineer or disassemble any software or other products or processes accessible through the App, insert any code or product or manipulate the App or the Content in any way; or use any data mining, data gathering or extraction method.
- You agree not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Our Company, the App and/or the Content including any software viruses or any other computer code, files or programs. We may terminate or restrict your use if you violate these Terms and Conditions of Use or are engaged in illegal or fraudulent use of the App and/or the Content.
- You may not use the App and/or the Content for any of the following purposes:
- in any way which causes, or may cause, damage to the App, the Content and/or any related software and/or that interferes in any way with any other person’s use or enjoyment of the App, the Content and/or any related software;
- in any way which is harassing, harmful, unlawful, illegal, abusive, threatening or objectionable or in breach of any applicable law, regulation, governmental order;
- making, transmitting or storing electronic copies of the App and/or the Content that is protected by copyright without our permission or without the permission of the owner – if not our company.
- The quality of the display of the Content may vary from device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection. HD, Ultra HD and HDR availability is subject to your Internet service and device capabilities. Not all content is available in all formats.
- You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges. The time it takes when using the App and/or from begin watching the Content will vary based on a number of factors, including your location, available bandwidth at the time, the content you have selected and the configuration of your device.
- Our software is developed by, or solely for, Sacred House Productions Limited and is designed to enable viewing of the Content through the App and/or on the Devices. This software may vary by device and medium, and functionalities and features may also differ between devices. You acknowledge that the use of the App and/or the Content may require third party software that is subject to third party licenses. You agree that you may automatically receive updated versions of the Sacred House Productions Limited and/or related third-party software.
- The person who created the Sacred House Productions Limited account (“the Account Owner“) has access and control over the Sacred House Productions Limited account. The Account Owner will be responsible for all activity that occurs through the Sacred House Productions Limited account, the App and/or in relation to the Content.
- The Account Owner must ensure that:
- the details provided on registration or at any time are correct and complete.
- they inform us immediately of any changes to the information provided when registering by updating their personal details to ensure we can communicate with them effectively.
- To maintain control over the account and to prevent anyone from accessing the account (which would include information on viewing history for the account), the Account Owner should maintain control over any device that is used to access the App and/or the Content. The Account Owner should not reveal the password or details of the payment method associated with the account to anyone.
- The Account Owner is responsible for updating and maintaining the accuracy of the information provided to us relating to their account. We can terminate your account or place your account on hold in order to protect you, Sacred House Productions Limited or our partners from identity theft or other fraudulent activity, without any notice to you and/or the Account Owner.
- We reserve the right to amend the App and/or the Content if necessary and without notice to you, in order to comply with any applicable law or regulatory requirement.
- We will send the Account Owner information relating to their account and/or any notices required under these Terms and Conditions of Use in electronic form only, for example via emails to the email address provided during registration.
- We do not accept any responsibility for any changes in performance and/or any other damage that may occur to any device used to access the App and/or the Content.
- The App and/or the Content may contain links to other sites and/or third-party software. Unless expressly stated, these sites and/or third-party software are not under Our Company’s control. We assume no responsibility for the content of such websites and/or third-party software and we expressly disclaim any and all liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site and/or use of any third-party software does not imply any endorsement of the sites or software themselves or of those in control of them.
- These Terms & Conditions will be deemed to be accepted by you on the date you first download and install the App onto any Device and/or begin viewing the Content.
4. PAYMENT METHODS & Billing
- All payments you make will be through the relevant application manager/store associated to your Device – for example the Apple App Store or Google Play Store.
- Any queries you may have about billing and/or payment methods should be directly communicated to the relevant application manager/store for your Device.
- These Terms & Conditions of Use are supplemental to any other agreement you may have with the relevant application manager/store for your Device. In the event of conflict between any other terms and these Term & Conditions of Use, these Terms & Conditions shall take precedence.
- We will not provide you with any invoices; statements of account and/or any other billing information at any time.
- Any requests for any invoices; statements of account and/or any other billing information should be communicated directly to the relevant application manager/store for your device.
5. CANCELLATION & refunds
- All of the Content is provided on a pay-per-view basis.
- You may at any time before any Content is 100% downloaded to your device cancel any order and/or request a refund from the relevant application manager/store for your device.
- Once any Content has been 100% downloaded to your device, you will not be entitled to request a refund and/or cancel any order with the relevant application manager/store for your device. This is irrespective of whether you or anyone else has viewed the said Content or not.
- These Terms & Conditions of Use are supplemental to any other agreement you may have with the relevant application manager/store for your device. In the event of a conflict between any other terms and these Term & Conditions of Use, these Terms & Conditions shall take precedence.
- If you breach these Terms and Conditions of Use we will be entitled to take legal action against you, unless we waive the breach in writing.
- If we are required to take any legal action against you, then we will be entitled to recover any legal and/or other professional costs incurred whether in preparation for and/or in connection with the content of any legal proceedings directly from you, on an indemnity basis.
7. DATA PROTECTION
- We will endeavour to comply with all applicable requirements of any relevant data protection legislation. This clause is in addition to, and does not relieve, remove or replace, a party’s obligations or rights under data protection Legislation. In this clause all references to data protection legislation means (for so long as and to the extent that they apply to Our Company) the law of the European Union, the law of any member state of the European Union and/or Domestic UK Law; and Domestic UK Law means the UK Data Protection Legislation and any other law that applies in the UK.
8. LIMITATION OF LIABILITY
- Our liability to you for any type of loss and/or damage is excluded under this agreement. If any liability cannot be excluded, then it shall be limited to an amount equivalent to the sum paid by you up to the date on which the underlying cause of action first accrued. Nothing in this Agreement limits any liability which cannot legally be limited, including liability for: (a) death or personal injury caused by negligence; and/or (b) fraud or fraudulent misrepresentation.
- Unless you notify Our Company that you intend to make a claim within 3 months of any event and/or the date on which any underlying cause of action first accrued, Our Company shall have no liability for that event and/or in relation to the cause. The notice must be in writing and must identify the event, the cause of action, and the grounds for the claim in reasonable detail.
- This clause shall survive termination of these Terms and Conditions of Use.
9. JOINT AND SEVERAL LIABILITY
Where the User comprises more than one person, then those persons shall be jointly and severally liable for the obligations under these Terms and Conditions of Use. Our Company may take action against, or release or compromise the liability of, or grant time or other indulgence to, any one of those persons without affecting the liability of any other of them.
10. ENTIRE AGREEMENT
These Terms and Conditions of Use apply to the exclusion of any other terms, including but not limited to those, implied by law, trade custom, practice or course of dealing.
We may at any time vary and/or update these Terms and Conditions of Use from time to time, subject to providing you with notice that need not be in writing.
Any clause in these Terms and Conditions of Use may be severed by a court if found to be invalid, illegal or unenforceable without affecting the enforceability, validity, and/or legality of the remaining provisions, which shall remain in full force and effect.
13. Third party rights
These Terms and Conditions of Use are agreed between you and us. There are no third-party rights. Accordingly, all rights under the Contracts (Rights of Third Parties) Act 1999 are excluded.
14. Governing law
- These Terms and Conditions of Use are governed by the law of England, whose courts have exclusive jurisdiction in relation to any dispute, disagreement, proceedings or legal claim of any nature relating to the App, the Content and/or these Terms and Conditions of Use, unless specifically agreed in writing otherwise.
- Where work takes place outside England, these Terms and Conditions of Use will be governed by the laws of England, unless specifically agreed in writing otherwise.
Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this agreement or its subject matter or formation.