This agreement is between you, the User of this Website and associated App and Fun Learning Studios Ltd, the owner of this Website and associated App. Your agreement to comply with and be bound by these Terms of Use is deemed to commence upon your first use of the Website and associated Apps for toddlers. If you do not agree to be bound by these Terms of Use, you should stop using the Website and associated App immediately.

No part of this Website is intended to constitute a contractual offer capable of acceptance. Your order constitutes a contractual offer and our acceptance of that offer is deemed to occur upon our sending a dispatch email to you indicating that your subscription to our App has been fulfilled and access to all of it’s content has been granted.

 

1. Intellectual Property

1.1 Subject to the exceptions in Clause 3 of these Terms of Use, all Content included on the Website and and associated App, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Fun Learning Studios Ltd, our affiliates or other relevant third parties. By continuing to use the Website and and associated App you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.

1.2 Subject to Clause 4 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website unless otherwise indicated on the Website and associated App or unless given express written permission to do so by Fun Learning Studios Ltd.

 

2. Third Party Intellectual Property relating to Curated Content

2.1 Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the creators of curated content as may be applicable.

3.2 Subject to Clause 5 you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Website or unless given express written permission to do so by the relevant manufacturer or supplier.

 

3. Fair Use of Intellectual Property

Material from the Website may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.

 

4. Links to Other Websites

This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of Fun Learning Studios Ltd or that of our affiliates. We assume no responsibility for the content of such Websites and disclaim 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 on this Website does not imply any endorsement of the sites themselves or of those in control of them.

 

5. Communications with Fun Learning Studios Ltd

5.1 When communicating with Fun Learning Studios you should do so in accordance with the following rules:

5.1.1 You must not use obscene or vulgar language;

5.1.2 You must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is offensive, abusive, threatening, harassing, defamatory, ageist, sexist or racist;

5.1.3 You must not submit Content that is intended to promote or incite violence;

5.1.4 It is advised that submissions are made using the English language as we may be unable to respond to enquiries submitted in any other languages;

5.1.5 The means by which you identify yourself must not violate these terms of use or any applicable laws;

5.1.6 You must not impersonate other people, particularly employees and representatives of Fun Learning Studios Ltd or our affiliates; and

5.1.7 You must not use our System for unauthorised mass-communication such as “spam” or “junk mail”.

5.2 You acknowledge that Fun Learning Studios Ltd reserves the right to monitor any and all communications made to us or using our System.

 

6. Accounts

6.1 In order to procure Services on this Website and to use the full version of the associated App you may be required to create an Account which will contain certain personal details which may vary based upon your use of the Website as we may not require payment until you wish to make a purchase. By continuing to use this Website you represent and warrant that:

6.1.1 all information you submit is accurate and truthful;

6.1.2 you have permission to submit Payment Information where permission may be required; and

6.1.3 you will keep this information accurate and up-to-date.

Your creation of an Account is further affirmation of your representation and warranty.

6.2 It is recommended that you do not share your Account details, particularly your username and password. Fun Learning Studios Ltd accepts no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer or device, it is recommended that you do not save your Account details in your internet browser or on the device itself.

6.3 If you have reason to believe that your Account details have been obtained by another without consent, you should contact Fun Learning Studios Ltd immediately to suspend your Account and cancel any unauthorised payments that may be pending. Please be aware that orders or payments can only be cancelled up until provision of Services has commenced. In the event that an unauthorised provision commences prior to your notifying us of the unauthorised nature of the order or payment, Fun Learning Studios Ltd will suspend provision of Services and the withdrawal of any scheduled payments pending investigation. Following investigation, it shall be determined whether or not to cancel the Services and make a full or partial refund of the payment.

 

7. Information about the auto-renewable nature of the App subscription:

7.1 The Toddler Fun Learning App whilst free to download also includes a subscription offering.

7.2 There are two available subscription models monthly and annual.  Monthly subscriptions cost £1.99 annual subscriptions cost £19.99.  Payment will be charged to iTunes Account at confirmation of purchase.  The subscription automatically renews unless auto-renew is turned off at least 24-hours before the end of the current period.  Account will be charged for renewal within 24-hours prior to the end of the current period, and identify the cost of the renewal.  Subscriptions may be managed by the user and auto-renewal may be turned off by going to the user’s Account Settings after purchase

 

8. Termination and Cancellation

8.1 Either Fun Learning Studios Ltd or you may terminate your Account. If Fun Learning Studios Ltd terminates your Account, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, we reserve the right to terminate without giving reasons.

8.2 If Fun Learning Studios Ltd terminates your Account, any current or pending orders or payments on your Account will be cancelled and provision of Services will not commence.

8.3 Fun Learning Studios Ltd reserves the right to cancel orders or payments without stating reasons, for any reason prior to processing payment or commencing Services provision.

8.4 If orders or payments are cancelled for any reason prior to commencement of Services provision you will be refunded any monies paid in relation to those purchases.

8.5 If you terminate your Account any non-completed orders or payments will be cancelled and you will be refunded any monies paid in relation to those orders.

9. Payment

Any and all monies are due for payment on completion of the order or on the dates, or intervals specified in that order as may be appropriate, unless alternative arrangements are agreed between the Purchaser and Fun Learning Studios Ltd.

 

10. Services, Pricing and Availability

10.1 Whilst every effort has been made to ensure that all descriptions of Services available from Fun Learning Studios Ltd correspond to the actual Services, Fun Learning Studios Ltd is not responsible for any variations from these descriptions. This does not exclude our liability for mistakes due to negligence on our part and refers only to variations of the correct Services, not different Services altogether. Please refer to sub-Clause 12.4 for incorrect Services.

10.2 Where appropriate, you may be required to select the required Services.

10.3 All pricing information on the Website is correct at the time of going online. Fun Learning Studios Ltd reserves the right to change prices and alter or remove any special offers from time to time and as necessary. All pricing information is reviewed and updated every calendar month.

10.4 In the event that prices are changed during the period between an order being placed for Services and Fun Learning Studios Ltd processing that order and taking payment, provision of Services shall commence as per your order and you will be charged the original price.

 

11. Provision of Services

11.1 Provision of Services shall commence when full payment has been received or as otherwise detailed in the Terms & Conditions pertaining directly to those Services.

11.2 Fun Learning Studios Ltd shall use its best endeavours to provide the Services with reasonable skill and care.

11.3 Provision of all Services shall be subject to the Terms of Use pertaining directly to those Services.

11.4 In the event that Services are provided that are not in conformity with your order and thus incorrect, you should contact us within 10 days to inform us of the mistake. Fun Learning Studios Ltd will ensure that any necessary corrections to the Services provided are made within 7 working days.

11.5 Fun Learning Studios Ltd reserves the right to exercise discretion with respect to any alterations to Services under the provisions of this Clause 12. Factors which may be taken into account in the exercise of this discretion include, but are not limited to:

11.5.1 Any use or enjoyment that you may have already derived from the Services;

11.5.2 Any characteristics of the Services which may mean that cessation of provision is impossible without significant further work on the part and at the expense of Fun Learning Studios Ltd.

Such discretion to be exercised only within the confines of the law.

 

12. Privacy

Use of the Website is also governed by our Privacy Policy which is incorporated into these Terms of Use by this reference.

 

13. Disclaimers

13.1 Fun Learning Studios Ltd makes no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Services.

13.2 No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.

13.3 No part of this Website is intended to constitute a contractual offer capable of acceptance.

 

14. Changes to the Services and these Terms of Use.

Fun Learning Studios Ltd reserves the right to change the Website, its Content or these Terms of Use at any time. You will be bound by any changes to the Terms of Use from the first time you use the Website following the changes. If Fun Learning Studios Ltd is required to make any changes to Terms of Use by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.

 

15. Availability of the Website

The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.

Fun Learning Studios Ltd accepts no liability for any disruption or non-availability of the Website or associated App resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.

 

16. Limitation of Liability

16.1 To the maximum extent permitted by law, Fun Learning Studios Ltd accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein. Users should be aware that they use the Website and its Content at their own risk.

16.2 Nothing in these Terms of Use excludes or restricts Fun Learning Studios Ltd’s liability for death or personal injury resulting from any negligence or fraud on the part of Fun Learning Studios Ltd.

16.3 Nothing in these Terms of Use excludes or restricts Fun Learning Studios Ltd’s liability for any direct or indirect loss or damage arising out of the incorrect provision of Services or out of reliance on incorrect information included on the Website.

16.4 Whilst every effort has been made to ensure that these Terms of Use adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms of Use and shall not affect the validity and enforceability of the remaining Terms of Use. This term shall apply only within jurisdictions where a particular term is illegal.

 

17. No Waiver

In the event that any party to these Terms of Use fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

 

18. Previous Terms of Use

In the event of any conflict between these Terms of Use and any prior versions thereof, the provisions of these Terms of Use shall prevail unless it is expressly stated otherwise.

 

19. Notices

All notices / communications shall be given to us either by post to our Premises (see address above) or by email to [email protected]. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.

 

20. Law and Jurisdiction

These Terms of Use and the relationship between you and Fun Learning Studios Ltd shall be governed by and construed in accordance with the Law of England and Wales and Fun Learning Studios Ltd and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.