Thank you for using WEYO™ apps for kids – a better way to mobile play! ‘The Wiggles – Fun Time with Faces’ is owned and operated by WEYO PTY LTD (ABN 17 601 065 196) (referred to as WEYO, we,us or our). We have detailed some general Terms and Conditions that govern your access and use of ‘The Wiggles – Fun Time with Faces’ (App) and website located at www.weyo.app
c) agree and accept any other policies that we may publish from time to time
d) have honestly declared that you are at least 18 years of age and possess the legal right and ability to enter into a legally binding agreement with us and are not prohibited from doing so under any applicable laws, rules and regulations.
1.3 We may, in our sole discretion, refuse to offer access to the Services to any person or entity and change the eligibility criteria for access to the Services at any time.
2. USE OF SERVICES
2.2 We may alter or amend any aspect or part of the Services at any time in our sole discretion without prior notice or liability to you. You acknowledge that we are not liable for any loss or damage whatsoever, howsoever caused, resulting from any action taken or reliance made by you on any information or material on the Services.
2.3 For the avoidance of doubt, we do not guarantee the accuracy, completeness, or timeliness of any information provided via the Services.
2.4 The Services will not operate on a continuous basis and may be unavailable from time to time (including for maintenance purposes). We reserve the right to cease the operation of the Services, or any part thereof, at any time without prior notice or liability to you.
2.5 We may modify or discontinue all or any portion of the Services or any function made available without prior notice to you.
2.6 The Services, and all related computer systems, procedures, and databases created, operated, maintained or accessed by us contain proprietary and confidential information of substantial economic value to us. You shall not make any unauthorised use, misuse, or disclosure of such information.
2.8 In using the Services you promise that you will comply with all laws, statutes, and regulations. You agree that we may, in our discretion and without notice or liability to you, terminate or suspend your use or access to the Services and any software or applications associated with the Services if at any time, we believe in good faith that:
b) You have behaved in a way which is illegal, fraudulent, harassing or abusive through your use of the Services;
c) You have behaved in a way which may be harmful to other users of the Services, third parties, or any of our affiliates; and
d) You have otherwise, in WEYO’s sole discretion, behaved in a way which we reasonably determine to be inappropriate or unacceptable.
3. PAYMENT TERMS
3.1 All payments for our Services are made through iTunes, Google Play or other application platforms authorised by us (Software Stores). If you choose to make a purchase, you will be prompted to enter details for your account with your Software Store (Software Store Account), and your Software Store Account will be charged for the purchase in accordance with the terms disclosed to you at the time of purchase that apply to your Software Store Account. Be aware that some Software Stores may charge you sales tax, depending on where you live.
3.2 You are responsible for making your own enquiries into and abiding by the terms and conditions of use of the relevant Software Store third party payment processing entity. All enquires or issues relating to payment processing must be directed to the relevant third party payment processing entity. In no event shall WEYO be responsible or liable for any payment processing issue or error. WEYO will not be responsible for any damages, consequential losses (whether direct or indirect) suffered by a user whose credit card is fraudulently used or is used in an unauthorised manner.
4. PERSONAL INFORMATION
b) how you can lodge a complaint regarding the handling of your personal information; and
c) how we will handle any complaint.
5.1 It is our first priority to keep our Services a safe place for all users. Unless you have obtained our prior written permission, you may not do any of the following or permit or procure any other person to:a) copy, reproduce, republish, upload, post, transmit, or distribute in any way, material or content from this Website in any manner inconsistent with the purposes for which it is offered by WEYO to its users;
b) use, promote, or otherwise encourage the use of this Services or any content for any illegal or unauthorised purpose;
c) infringe or violate the rights of third parties, including copyright, trade mark, patent, rights of privacy, or any other proprietary or contractual right;
d) directly or indirectly transmit any advertising or promotional materials, including without limitation, “junk mail,” “surveys,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation or unauthorised communication;
e) copy, modify, or display any trade marks, logos, or any text, graphic images, or other content from the Services;
f) use devices (including software) that are designed to provide repeated automated access to the Services or probe, scan, or test the vulnerability of any system or network related in any way to the Services;
g) use, share, upload, create, transmit or deal in any way with material that contains ‘viruses’, ‘Trojan horses’, ‘copybots’, ‘worms’, ‘spyware’, ‘time bombs’, ‘cancelbots’ or any other computer programs or codes that are intended to damage, interrupt, destroy, detrimentally interfere with or limit the functionality of any computer system, computer software or hardware, data, personal information or telecommunications equipment or other such device;
h) with the exception of web browser software or other applications approved by us, use any software, program, application or any other device to access or log on to the Services, including our computer systems, or to automate the process of obtaining, downloading, transferring or transmitting any content from the Services, including our computer system;
i) include any trade mark, logo, the name of any of our personnel, or any variation of the foregoing, as a metatag, hidden textual element, or any other indicator that may create a false or misleading impression of affiliation, sponsorship, or endorsement between any person and/or website and the Services;
j) obtain or attempt to obtain personal information or data about users of the Services;
k) use any feature of the Services for any purpose that is unlawful, tortious, abusive, intrusive on another’s privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening, hateful, offensive, or sexually explicit; or
l) create a link from a website to any part of the Services unless the user or the operator of the other website has executed our then standard agreement for the granting of permission to establish such a link.
6. SITE MONITORING
6.1 While we may monitor any use of the Services, we are under no obligation to do so and assume no responsibility or liability arising from our doing so or omission to do so.
6.3 You hereby waive and release us from any cause of action or other right with respect to us concerning any monitoring activities so undertaken.
7. MOBILE AND OTHER DEVICES
7.1 Please be aware that when you access or use the Services on your mobile or other personal device, your carrier’s normal rates and fees, such as text messaging and data charges, will still apply.
8.1 The Services are provided ‘as is’, without any warranty of any kind. The materials on the Services and any materials made available on this site are provided in the state received by us and without warranties of any kind, either express, implied or statutory. WEYO expressly disclaims all warranties to the maximum extent allowed by law.
8.2 WEYO does not warrant or make any representations regarding the content or use of the Services in terms of their completeness, accuracy, reliability, timeliness or otherwise. You acknowledge that the content on this site could include false or irrelevant information, technical inaccuracies, and/or typographical errors.
8.3 Our Website may contain links to websites operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, links to other sites on the World Wide Web are not under the control of WEYO and WEYO is not responsible for the content of any linked site or any link contained in a linked site, or any changes or updates to such sites.
8.4 WEYO is not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of the Services or a third-party linked website. You must take your own precautions to ensure that whatever you select for your use of our Services is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer systems.
8.5 WEYO makes no warranty that:a) the operation of the Services will meet the user’s requirements or expectations;
b) access to the Services will be uninterrupted, timely, secure, free of unauthorised code or other harmful components, or free of error or malfunction;
c) the results that may be obtained from the use of the Services will be accurate or reliable; or
d) errors or defects will be corrected and/or corrected within a specified period of time.
9. LIMITATION OF LIABILITY
9.1 To the maximum extent permitted by law, WEYO and its affiliates, authorised representatives, parent companies, subsidiaries, officers, directors, employees, agents, network service providers, business partners, licensees and licensors (collectively, the Related Parties) disclaim all liability, whether based in contract, tort (including negligence), strict liability or otherwise, and further excludes liability for all losses, including without limitation direct, indirect, incidental, consequential, exemplary, punitive or special damages (including damages for loss of profits, revenue, income, goodwill, use, data, time or other intangible losses) arising out of or in any way connected with access to or use of the Services, even if WEYO and/or Related Parties have been advised of the possibility of such damages.
9.2 Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of WEYO shall be limited to the fullest extent permitted by law.
10.2 WEYO may, at its own expense, participate in any matters, claims or proceedings which are subject to indemnification by you, and you shall not settle any such matter, claim, or proceeding in a manner prejudicial to the rights of WEYO without the written consent of WEYO, which shall not be unreasonably withheld.
11.2 We may transfer, assign, novate or otherwise deal with any part or whole of the Services without notification to you.