TERMS OF USE

Effective Date: 27th June 2018
Version: 27-06-2018–1

1. Introduction

1.1 We are El Bebe Productions Limited. Our company information is at the end of this document.

1.2 By downloading our App or using our Service you agree to be bound by these terms and conditions. For App users: These terms and conditions constitute an “end user licence agreement” between you and us (not the Store) in relation to our App and, in addition, you agree to be bound by the Store Rules.

1.3 Please read these terms and conditions carefully. They replace any previous versions. Please print or save these terms for future use as we cannot guarantee that they will remain accessible on our Service in future. These terms and conditions are available in the English language only.

2. Definitions

2.1 The following (capitalised) definitions apply in this document:

2.1.1 “App” – the “Little Baby Bum” app.
2.1.2 “Consumer” – an individual acting for purposes which are wholly or mainly outside that person’s trade, business, craft or profession.
2.1.3 “Service” – our website, our App and any related services.
2.1.4 “Store” – the app distributor from which you download the App (e.g. Google).
2.1.5 “Store Rules” – any applicable rules, policies or terms of the relevant Store.
2.1.6 “User” – persons or organisations using our Service (whether or not registered with us) including Advertisers.

3. Changes to the terms and conditions

3.1 We may change these terms and conditions by posting the revised version on our Service at any time. Please check our Service from time to time. You will be bound by the revised agreement if you continue to use our Service following the effective date shown.

4. Acceptable use policy

4.1 You agree that you will not in connection with our Service:

• breach any applicable law, regulation or code of conduct or infringe any intellectual property or other rights of others;
• do anything which may have the effect of disrupting our Service including worms, viruses, software bombs or mass mailings;
• do anything which may negatively affect other users’ enjoyment of our Service;
• gain unauthorised access to any part of our Service or equipment used to provide our Service;
• use any automated means to interact with our systems excluding public search engines; or
• attempt, encourage or assist any of the above.

5. Other peoples’ services / advertising / websites

5.1 We may display other peoples’ services, advertising and /or links to other websites. . These may include sales of branded merchandise, DVDs / Blu-rays and similar products, and video downloads, via our website, all of which are supplied by other companies. We are not legally responsible for those sites or services. You use them at your own risk.

6. Privacy

6.1 You acknowledge and agree that we may process your personal information in accordance with the terms of our privacy and cookies policy which is subject to change from time to time.

7. Functioning of our Service

7.1 We do not guarantee that our Service will be uninterrupted or error-free and we are not responsible for any losses arising from such errors or interruptions. We are entitled, without notice and without liability (a) to suspend the Service for repair, maintenance, improvement or other technical reason and (b) to make changes to our Service.

8. Compatibility of App

8.1 The App is compatible with applicable devices and associated operating systems (OS’s) which have been released as at the date we launched the App (or as at the most recent App update). We do not guarantee that the App is or will be compatible with any other devices or OS’s. We may issue App updates; if so, you may not be able to use our App properly or at all until you have downloaded the update, which may be subject to the agreement of new terms and conditions. It is your responsibility to frequently monitor for App updates and to install them as soon as they become available.

9. Your account

9.1 If we permit you to create an account on our Service, this is for your personal use only and is non-transferable. You must not authorise or permit any other person to use your account. You must take reasonable care to protect and keep confidential your password and other account or identity information. You must notify us immediately of any apparent breach of security such as loss, theft, misuse or unauthorised disclosure or use of a password. You are responsible for third parties who use your account or identity (unless and to the extent that we are at fault).

9.2 We are entitled at any time for any reason and with or without notice to terminate your account on our site including deletion of all data contained therein.

10. Liability

10.1 Nothing in this agreement in any way limits or excludes our liability for negligence causing death or personal injury or for fraudulent misrepresentation or for anything which may not legally be excluded or limited. In this section, any reference to us includes our employees and agents.

10.2 If you are a Consumer, we shall not be liable for any loss or damage caused by us or our employees or agents in circumstances where:

10.2.1 there is no breach of a legal duty owed to you by us or by any of our employees or agents;
10.2.2 such loss or damage was not reasonably foreseeable (meaning it was not an obvious consequence of our breach or not contemplated by you and us at the time we entered into this contract);
10.2.3 such loss or damage is caused by you, for example by not complying with this agreement; or
10.2.4 such loss or damage relates to a business of yours.

10.3 If you are a Consumer, you will be liable for any reasonably foreseeable loss or damage we suffer arising from your breach of this agreement or misuse of our Service (subject of course to our obligation to mitigate any losses).

10.4 The following clauses apply only if you are a business:

10.4.1 In no event (including our own negligence) will we be liable for any:

a) economic losses (including, without limit, loss of revenues, profits, contracts, business or anticipated savings);
b) loss of goodwill or reputation;
c) special, indirect or consequential losses; or
d) damage to or loss of data
(even if we have been advised of the possibility of such losses).

10.4.2 You will indemnify us against all claims and liabilities directly or indirectly related to your use of the Service and/or breach of this agreement.
10.4.3 To the extent allowed by law, you and we exclude all terms, whether imposed by statute or by law or otherwise, that are not expressly stated in this agreement.

11. Intellectual property rights

11.1 The intellectual property rights in all material used on or in connection with our Service are owned by us or our suppliers or partners. For your personal use only, you may view such material on your device. You must not otherwise use such material including copying, selling or altering it or taking extracts from it without our specific prior written consent.

11.2 Just to be clear – you must not collect, scrape, harvest, frame or deep-link to any information on our Service without our specific prior written consent.

11.3 You must not reverse-engineer or decompile any of our software in any way (except to the extent allowed by applicable law). You must not create or use a modified or derivative version of our software or distribute or sublicense our software to third parties. You must take reasonable steps to ensure that our software is not disclosed to any third party.

11.4 If you provide us with any ideas or suggestions, you allow us at no cost, and perpetually, to use and adapt all or part of such material however we wish, both on our own Service and also, for marketing purposes, on other channels including different websites, social media and emails.

12. English law

12.1 These terms and conditions shall be governed by English law and any disputes will be decided only by the courts of the United Kingdom. You may be entitled to use an EU online dispute resolution service to assist with any contractual dispute you may have with us. This service can be found at http://ec.europa.eu/consumers/odr/.

13. General

13.1 We may send all notices under this agreement by email to the most recent email address you have supplied to us (unless otherwise stated in this agreement). Headings used in this agreement are for information and not binding. Any failure by either party to exercise or enforce any right or provision of this agreement does not mean this is a “waiver” (i.e. that it cannot be enforced later). If any part of this agreement is ineffective or unenforceable for any reason, the rest of the agreement shall continue to apply. We may transfer this agreement to a third party but this will not affect your rights or obligations. A person who is not a party to this agreement shall have no rights to enforce this agreement except insofar as expressly stated otherwise.

14. Complaints

14.1 If you have any complaints, please contact us via the contact details shown below.

15. Company information

15.1 Company name: El Bebe Productions Limited
15.2 Trading names: Little Baby Bum, LBB Junior, KiiYii.
15.3 Country of incorporation: England and Wales
15.4 Registered number: 08531073
15.5 Registered office and trading address: 86-90 Paul Street, London, London, EC2A 4NE
15.6 Other contact information: See our website.
15.7 VAT number: GB 170626418