SUBSCRIPTION SERVICE FROM €2,99/MONTH
IF YOU ARE UNDER 18, DO NOT AGREE TO THIS AGREEMENT OR ARE NOT WILLING TO BE BOUND BY IT, DO NOT ACCESS THE SERVICE, OR PROMPTLY CEASE USING THE SERVICE ON YOUR DEVICE AND DO NOT USE IT IN ANY MANNER WHATSOEVER.
KidzInMind content and pricing
KidzInMind (hereinafter the "Service") is a subscription service charged at a monthly rate of either €2,99 or €4,99 depending on the user’s feature selection. The Service is specifically aimed at parents to use with or on behalf of their children and allows users unlimited access to a selection of apps and games for children in preschool - aged 1 to 6 years old - by downloading the application from the store where it is distributed. The monthly charge will be recovered directly from your service provider and you will in turn pay your service provider. You authorize us to recover the relevant amounts directly from your service provider who you authorise to pay us. You confirm that you are allowed to provide the authorisations mentioned above.
The Service has a vast amount of games, books, videos and many other activities for preschool aged children (the “Content”). Being part of the Service gives you access to a wide and varied selection of child-friendly content.
Service subscription will be in effect from the date of activation of the subscription for a period of 30 days and will be automatically renewed tacitly for further periods of 30 days until the subscription is terminated by the user. At any time the user can terminate the Service via the relevant link on the KidzInMind store page or by calling Customer Service (toll fee according to user’s carrier tariff), from 9am to 9pm.
The user has the right to withdraw from the subscription within 14 days from the date of activation of the Service by contacting Buongiorno (see all Contact Information at the end of this Agreement).
The Service is operated by Buongiorno UK Limited (the “Company”, “we”, “us”, “our”), which is a registered company in England and Wales whose registered address is Buongiorno UK Ltd, 57-63 Scrutton Street, London, EC2A 4PF (the “Company”).
2. EFFECT OF THIS AGREEMENT
2.1 By agreeing to this Agreement and/or by continuing to use the Service you are bound by the entirety of this Agreement and as such terms and policies may be amended by us from time to time. In the case of any inconsistency between our policies and this Agreement, this Agreement shall prevail.
2.2 We reserve the right to make any amendments to this Agreement, as we deem necessary, in our sole discretion. By continuing to use the Service you are accepting any changes to this Agreement.
3. RESTRICTIONS ON USE
You must not register and/or use any part of the Service, if any of the following apply to you:
a) you are under 18 years of age; and/or
b) you are acting on behalf of someone else.
4. YOUR REPRESENTATIONS
4.1 By seeking to register with us or by using the Service you hereby represent and warrant to us that at all such times you: a) are aged 18 years or over; b) are of sound mind and capable of taking responsibility for your own actions; c) can enter into a legally binding agreement and you are the person who has registered with us; d) understand that you may be charged for using the Service and that you accept full responsibility for any such charges that may apply; e) are acting as principal and not on behalf of anyone else; f) are the authorised owner of the mobile phone which you registered to the Service during the registration process.
4.2 You agree to abide in full with this Agreement.
4.3 You may only access the Content through the Service. You are not allowed to access the Content through any other medium.
4.4 You hereby warrant to us that: a) all information provided in your registration to the Service and all personal information provided to us is complete, accurate and not misleading; b) you will only use the Service strictly for legitimate purposes only; and c) you will not attempt to hack, make unauthorised alterations to or introduce any kind of malicious code to the website, the Service or the Company by any means. Charges and proceedings may be brought against you if you try to manipulate the Service or any of the Content and we reserve the right to pass on such information as we deem necessary to the relevant authorities if we become aware or suspect that you are involved in any such activities. You agree to any such disclosure.
We may change at our discretion in whole or in part the format of the Service or the Content that we offer in order to enhance, correct or support the Service or Content or for any other reason.
6.2 Following the request to activate the Service, the user will receive an activation confirmation of the subscription to the Service and billing of subscription price. Transactions made using your registered mobile number are accepted by us on the understanding that you are authorised to register this mobile number, open the Account, access and/or use the Services. If your Account is used by anyone other than yourself, we will accept no liability for the consequences or costs incurred from such misuse, or for the loss, theft, and misuse of your Account and information.
6.3 You agree to be solely responsible at all times for all access and/or use of the Service. You are responsible for keeping all your registered details confidential. You are also responsible for ensuring that all persons who access the Service through your internet connection are aware of this Agreement and are in compliance with its terms. Each user will be liable for any use made by unauthorized third parties of their authentication credentials as well as any damage caused to Buongiorno and / or third parties, caused by the failure to observe the above.
6.4 We reserve the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of this Agreement.
6.5 We reserve the right to ask for proof of age documentation and evidence to verify your identity at any time (including use by any 3rd party, which may keep a record of that information). We reserve the right to conduct checks against any of the details provided to us and to pursue this information through any channels and methods available to us. Failure to provide substantiated proof of age or other requested information will result in the suspension or termination of your Registration.
6.6 We reserve the right to refuse to register you and/or the right to suspend and/or terminate your Registration immediately and without consultation, notification or giving reasons therefore in the event that you cause to be published on, and/or send via, the Apps any actual or potentially defamatory, offensive or obscene language or material or if you breach, or are suspected of any breach of this Agreement, any applicable law or regulation, or should we deem it in the best interests of the Company and/or other customers to do so.
6.7 Use of the Services will be closely monitored to ensure that no customer is using them with a frequency or in a manner which might suggest that he or she is using the Services except solely for personal use or is using it on behalf of others, and we reserve the right to suspend and/or terminate the Registration without liability and without notice if we consider or suspect that the Services are being so used.
6.8 You agree to inform us at once by electronic mail or telephone if you believe that your information is being misused by a third party so that we may suspend your Registration.
6.9 If any of your personal details or other information relevant to your Registration change, you must inform us immediately by contacting us using the contact information provided in the Customer Service section below.
6.10 Users can create their own account, without subscribing to the Service, using Facebook Connect which allows the user’s to Facebook credentials to register.
6.11 Registered users will be able to access the app KidzInmind for free and will receive emails with news and information on KidzInMind.
7. KIDZINMIND PRICE POINTS
7.1 Basic subscription to the Service via the KidzInMind App available on all the app stores starting from at Euro 2,99/month including taxes (or equivalent in local currency) exclusive of internet connection and browsing costs which remain at the charge of the user; first week is free.
7.2 Payment of subscription to the Service will be made through the payment system that is operated directly from the app store. The exact amount of the price in local currency will be displayed on the page of the app store when the subscription is processed.
7.3 For the general terms relating to the payment of the Service, the user should refer as indicated by the relevant app store. In no event will Buongiorno be responsible for the payment method managed by the app store. Any information or claims related to the method of payment must be sent to the manager of the app store.
7.4 Any costs of access and navigation to the website of the Service or downloading the application and any external linked sites in the same are excluded from monthly price of subscription, which costs are regulated for the users according to their tariff or the commercial plan in effect with user’s carrier.
8. ACCESS AND USE OF THE SERVICES
8.1 In order to access and/or use the Services follow the information shown on your device’s screen.
8.2 Your agreement with us will be null and void if we discover or suspect that you have in any way interrupted, deviated, tried to manipulate the outcome or tampered with any of the games, competitions or applications available through our Services.
8.3 We reserve the right to, suspend, discontinue or change the format of the Service that we offer to enhance it without any liability and without notice.
8.4 In addition, the Company will not be liable for any delay, malfunction, suspension and/or interruption of Service due to:
- Removal of any part of the Service in whole or part;
- Improper use of the Service by any user;
- Breach by Parent of any of the provisions referred to in the following article;
- Malfunction of the terminal and/or lack of conformity of the characteristics of the user’s terminal with those who facilitate the use of the Service;
- Insufficient phone credit;
- Total or partial interruption of the Service by the telephone operator
8.5 We also reserve the right to record all telephone calls made to us and to monitor all information relating to the Services for training, investigative and quality improvement purposes for which you consent in accordance with the requirements of the Regulation of Investigatory Powers Act 2000.
9.1 You may experience problems or be unable to access certain Content successfully depending on the mobile phone used to download certain Content onto. The Service is accessible via the KidzInMind application which is exclusively for users with smartphones or tablet on compatible operating systems, provided they enable and configure the Internet connection. Any limitation on the compatibility of the content will be reported in the pages of the presentation.
9.2 Before activating the Service, you must make sure that your terminal is compatible with the Service and that it is correctly configured for the use of the same, in particular, that the content is compatible with your terminal. If you have any issue that limit your access to the Content and would like to raise a query or ask for technical assistance, please email our customer support team at email@example.com. You acknowledge that we are not responsible for any costs or losses incurred by you, damage to your device or loss of data resulting from any such incompatibility.
10. SPECIAL PROMOTIONS
10.1 We may, from time to time, run promotions.
10.2 The rules of entry or access to any promotions will be displayed on the Service and may sometimes be restricted only to a first time user without an established Account. For the purposes of this Agreement, a ‘first time user’ is a customer who has not subscribed to the Service before or within the last 12 months preceding activation
11.1 The KidzInMind blog is available at http://www.kidzinmind.com/blog/uk/
11.2 With respect to all content (both text and graphics) you elect to post on the Blog, you grant the Company a royalty free, perpetual, irrevocable, non-exclusive, fully sub-licensable and worldwide right and licence to use, reproduce and deal with such content by all means whatsoever, (including, without limitation in print and in electronic form).
11.3 The content of the Blog is for private, non-commercial use by you.
11.4 You agree not to use the Blog to:
a) post any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, profane, vulgar, obscene, invasive of another person’s privacy, hateful, fraudulent, discriminatory, provokes or encourages violence or is racially, ethnically or otherwise objectionable;
b) impersonate any person or entity or misrepresent your relationship with any person or entity;
c) post any content which you do not have a right to post;
d) post any content that may damage the reputation or good will of the Company;
e) post any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any person or entity;
f) post any content that would infringe any UK laws;
g) harass another;
h) collect or store personal data about other users;
i) provide any links to any website if the presence of such link and the content accessible through such link would breach this Agreement;
j) post or otherwise transmit any unsolicited or unauthorised commercial advertising orpromotional materials;
11.5 Violation of any of the above terms is likely to lead to the immediate removal of all material posted on the Blog by you without notice, warning or explanation to you and such violation could lead to legal action being taken against you by the authorities or an aggrieved party.
11.6 The Company invites users of the Blog to notify the Company of any content (both text and graphic) on the Blog that does not, in the user’s opinion, comply with this Agreement. The Company undertakes to address any complaints promptly and without bias or prejudice.
11.7 The Blog may provide, or third parties may provide, links to other World Wide Web sites or resources. Because the Company has no control over such sites and resources, you acknowledge and agree that the Company is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that the Company 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 site or resource.
12. SUBMISSION OF INFORMATION
13. VIRUSES, HACKING AND OTHER OFFENCES
13.1 You must not attempt or encourage misuse of the Service in relation to KidzInMind by introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Apps, the server on which the Apps are stored or any server, computer or database connected to the Service. You must not attack the Services via a denial-of-service attack or distributed denial-of-service attack.
13.2 By breaching Clause 13.1 above, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such breach, your right to use the Services will cease immediately without notice to you or any liability to us.
13.3 We will not be liable for any loss or damage caused by the distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, omputer programs, data or other proprietary material due to your use of the Services, other material posted on it, or any Apps linked to it.
14. SECURITY POLICY
We will not sell your personal details to third parties. However, we may pass on your details to relevant authorities or regulators if we wish to investigate any suspected or alleged illegal activity, fraud, harassment, or abuse of the Service in any manner or to assist in the investigation of any suspected or illegal activity, fraud or abuse of the Service or if we are required by law to do so.
15. COMPLAINTS AND DISPUTES
15.1 Should you wish to make a complaint with respect to these Services, competition or any other matter, please contact us by emailing or writing to the postal address at the bottom of this Agreement. A copy of our Complaints Procedure will be sent to your registered email address upon request by you and in the event that you submit a complaint to us.
15.2 We will contact you to handle any requests/complaints using the personal information you provide in the application of the Service or the same otherwise provided.
15.3 Buongiorno adheres to the Code of Conduct for the Offer of Premium Services available at the URL http://clienti.buongiorno.com/it/bhelp/home/condotta.bsp?SID=1463873309&SM_P=1 adopted by resolution of the Guarantor for Communications.
16. OUR LIABILITY
16.1 The following provisions set out all our liability to you (including any liability for acts and/or omissions of our parent company, subsidiaries, associated companies, employees, agents and sub-contractors) regarding:
a) any breach of this Agreement, including any deliberate personal repudiatory breach or any deliberate breach of these conditions by a party, or our employees, agents or subcontractors; and
b) any representation, statement or tortuous act or omission including negligence arising under or in connection with the Services.
16.2 Nothing in this Agreement excludes or limits our liability for:
a) death or personal injury caused by our negligence; or
b) any matter which it would be illegal for us to limit or exclude or attempt to limit or exclude our liability for; or
c) fraud or fraudulent misrepresentation.
16.3 We are not liable for anything out of our control including but not limited to any loss or damage that you may suffer or incur because of any act of God, power cut; trade or labour dispute, failure or any omission of any government or authority; delay, interruption, obstruction, or failure of telecommunication services; or any other cessation; delay or failure caused by a third party or loss or corruption of data. In such an event, we reserve the right to cancel or suspend the Apps and/or the Services indefinitely and without notice or incurring any liability whatsoever.
16.4 All representations, warranties and terms (express or implied) not set out in this Agreement are excluded to the fullest extent permitted by law and we shall have no liability to you in respect of the same. You agree to indemnify us in full and on demand with respect to any liability, damages, costs or claims which we may suffer or incur arising out of or in connection with your use of the Apps and/or the Services. Your statutory rights as a consumer (if any) are not affected by this Agreement.
16.5 Subject to Clause 16.2 above:
a) our liability to you in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the Service shall be limited to the aggregate of with the lesser of GBP£100 (one hundred Great British Pounds Sterling) or the monthly subscription charge paid by you in the preceding calendar month to the claim in question;
b) we shall not be liable to you for any direct, indirect or consequential loss (including without limitation, loss of profit, loss of goodwill and loss of contract) or any claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with these Apps and/or Service whether or not we have been previously made aware of it.
16.6 We accept no responsibility and shall not be liable to you for the content of or use by you of any information or services offered by third parties’ advertising (including advertising by any referral companies) or otherwise posting information via these services (whether directly or via links to or from other sites or resources or through framing or other electronic mechanisms), nor can we be said to endorse contents of such advertisements or information. In particular, we shall have no liability in respect of material hyper-linked which may be misleading, inaccurate, defamatory, threatening or obscene or otherwise not in accordance with applicable laws or regulations. The provision by us on the Apps of a link to another website or Apps does not constitute any authorisation to access materials held at that website or Apps.
16.7 We make no representation or warranty about information or any other item(s) able to be accessed either directly or indirectly from the Apps (save to extent expressly provided on the Apps) and we reserve rights to make changes and corrections at any time to such information, without notice.
16.8 We accept no liability for any inaccuracies or omissions (other than a fraudulent misrepresentation) in or from such information and any decisions based on such information are the sole responsibility of the visitor to the Apps.
17. INTELLECTUAL PROPERTY
17.1 The copyright, database rights and other intellectual property rights (“IPR”) in material displayed on or via the App (the " Materials", which expression includes text, data, graphics, photographs, videos, animation, images and audio visual content, are owned by or licensed to us or are the ownership of third party websites). The IPR are protected by the laws of South Africa, international treaties and all other applicable copyright and intellectual property rights laws. You are not authorised to copy or distribute any Materials and/or IPR and legal action could be taken against you or any such person who makes unauthorized copies or distribution of Materials and/or IPR.
17.2 Any downloading, use or copying of the Materials is strictly prohibited and, in particular, you agree to use the Materials solely for your own personal, non-commercial use and specifically not for any business, commercial or public purposes.
17.3 The following activities are prohibited without our express prior written permission: a) the deployment within the website of any spider, robot, web crawler or other automated query program; and b) the re-use and/or aggregation of any of the Materials in the provision of a commercial service.
17.5 Our names and associated logos are our exclusive trademarks and cannot be used by you without our prior written permission.
18. SUBMISSION OF INFORMATION
19.1 This Agreement constitutes to the fullest extent permitted by law the whole of the agreement between you and us with regard to the use of the website and the Service.
19.2 If any part of this Agreement is found by a court of competent jurisdiction or other competent authority to be invalid, unlawful or unenforceable then any such part will be severed from the remainder of this Agreement, which will continue to be valid and enforceable to the fullest extent permitted by law.
19.3 No failure or delay by us to exercise any of our rights under this Agreement shall operate as a waiver thereof and no single or partial exercise of any such right shall prevent any other or further exercise of that or any other right by us.
20. GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of England and Wales. You irrevocably agree the courts of England and Wales shall have exclusive jurisdiction to resolve any dispute or claim of whatever nature arising out of or relating to the Services and that the laws of England and Wales shall govern any such dispute or claim. However, we retain the right to bring legal proceedings in any jurisdiction where we believe that infringement of our intellectual property rights or breach of this Agreement is taking place or originating. You are solely responsible for compliance with any applicable laws and regulations of the jurisdiction from which you are accessing the Service or using the Service.
If you have any questions concerning this Agreement please contact:
KidzInMind, Buongiorno UK Ltd, PO Box 70730, London EC2P 2LQ
To unsubscribe your subscription purchased via an app store, please contact the app store directly.
The Company shall not be liable for the payment made via the app store, and will only be responsible for the proper provision of the Services. Any queries and/or claims related to payment and subscription made via an app store should be addressed directly to the relevant app store.
Update: July 2015