TERMS AND CONDITIONS
1. THE WEBSITE
1.1 Welcome to www.enterjustinsworld.com (the ‘Website’)
1.2 The Website is operated by Nearly Too Late Ltd (also referred to as ‘we’ or ‘us’).
1.3 Persons wishing to access or use the Website (hereinafter referred to as ‘you’) must read these Terms and Conditions before using any of the features on the Website. Your use of the Website constitutes your full acceptance of these Terms and Conditions. If you do not accept these Terms and Conditions in full, you do not have permission to access the Website and the material contained therein, and your use of the Website must cease immediately.
1.4 Should you have any questions about these Terms and Conditions, please email us via the Contact page.
1.5 If you are aged sixteen or under, you must seek the permission of a parent before accessing or using the Website. For the purposes of these Terms and Conditions, any reference to ‘parent’ shall include legal guardian.
1.6 IF YOU ARE A PARENT AND YOU PROVIDE YOUR CONSENT TO YOUR CHILD’S ACCESS TO AND USE OF THE WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS IN RESPECT OF YOUR CHILD’S ACCESS TO AND USE OF THE WEBSITE AND ANY FEATURES OF THE WEBSITE, INCLUDING ANY APPLICATIONS MADE AVAILABLE VIA THE WEBSITE.
1.8 We reserve the right to change these Terms and Conditions at any time. It is your responsibility to check these Terms and Conditions to ensure that you agree to them in full, before using the Website.
1.9 No material appearing on the Website may be copied, reproduced, published or republished, posted, uploaded, distributed, transmitted or modified.
1.10 Where the Website requires you to register, you must provide accurate and complete information. It is your responsibility to ensure that such information is up to date and you must not divulge your password to anyone. Each registration is for one user only. If you have reason to believe that the security of your account has been compromised, please contact us immediately via the Contact page.
1.11 Subject to the provisions of clauses 9 and 10 (which shall apply to the Website as well as to any applications which are available for purchase from the Website):
(a) the Website is provided on an ‘as is’ basis, without any express or implied warranty of any kind and we do not, without limitation, warrant (i) that your use of the Website will be uninterrupted, without delay or error-free, or (ii) that any of the material therein is error-free, accurate, complete, reliable, truthful or up to date, or (iii) that that the Website, the server(s) that make the Website available or any connected website are free from viruses, trojan horses, worms, software bombs or similar items or processes or other harmful components; and
(b) we disclaim all liability in relation to the Website (including any type of liability described in clause 10.1) to the maximum extent permitted by law (and in any event, with a maximum limit of liability of £10.00); and
(c) you shall indemnify us against and hold us harmless from anything that arises out of any breach by you of these Terms and Conditions.
2. THE APPLICATIONS
Various applications are available to purchase from the Website. For the purposes of these Terms and Conditions, ‘Application’ shall mean the children’s entertainment and learning services software provided via the Website by Nearly Too Late Ltd, to be used on Apple iOS and Android OS devices and any upgrades from time to time. You agree that these Terms and Conditions shall govern your installation, use of and access to, any Application.
3. MOBILE PROVIDERS
3.1 You acknowledge that the terms of your agreement with your respective mobile network provider (‘Mobile Provider’) will continue to apply when using the Application. As a result, you may be charged by the Mobile Provider for access to network connection services for the duration of the connection while accessing the Application or any such third party charges as may arise. You accept responsibility for any such charges that arise.
3.2 If you are not the bill payer for the mobile telephone or handheld device being used to access the Application, you will be assumed to have received permission from the bill payer for using the Application.
4. PROPRIETARY RIGHTS
All trademarks, copyright, database rights and other intellectual property rights of any nature in the Application together with the underlying software code are owned either directly by Nearly Too Late Ltd or by Nearly Too Late Ltd’s licensors.
5. YOUR USE OF THE APPLICATION
5.1 Nearly Too Late Ltd hereby grants you a worldwide, non-exclusive, royalty-free revocable licence to use the Application for your personal, non-commercial use in return for your payment of the purchase price of the Application which is shown on the Website, in accordance with these Terms and Conditions. Nearly Too Late Ltd reserves the right to amend or withdraw the Application at any time and for any reason.
5.2. You will not, nor allow third parties on your behalf to (i) make or distribute copies of the Application (ii) attempt to copy, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange or translate the Application; or (iii) create derivative works of the Application of any type whatsoever.
6.1. This Application is available to mobile telephones and handheld devices running Apple iOS and Android OS Operating Systems. Nearly Too Late Ltd will use reasonable efforts to make the Application available at all times. However you acknowledge the Application is provided over the internet and mobile networks and so the quality and availability of the Application may be affected by factors outside Nearly Too Late Ltd’s reasonable control.
6.2. Nearly Too Late Ltd does not accept any responsibility whatsoever for unavailability of the Application, or for any difficulty or inability to download or access any content, or for any other communication system failure which may result in the Application being unavailable.
7. SYSTEM REQUIREMENTS
7.1. In order to use the Application, you are required to have a compatible mobile telephone or handheld device, internet access, and the necessary minimum specifications (‘Software Requirements’).
7.2. The Software Requirements are as follows: Apple iOS devices running [INSERT VERSION(S)] and Android OS devices running [INSERT VERSION(S)]; Language: English.
7.3. The current version of the Application may be upgraded from time to time to add support for new functions and services.
8.1. Nearly Too Late Ltd may terminate your use of the Application at any time without liability to you by giving notice of termination to you. 8.2. Upon termination, (a) the rights and licenses granted to you herein shall terminate; (b) you must cease all use of the Application; and (c) Nearly Too Late Ltd will determine, in its sole discretion but acting reasonably, whether you are entitled to any refund of all or part of the purchase price of the Application.
9. DISCLAIMER OF WARRANTIES
Save for the warranties implied by section 2 of the Supply of Goods and Services Act 1982, the Application is, to the maximum extent permitted by law, provided “as is” and “as available” without any warranties of any kind and Nearly Too Late Ltd hereby disclaims all express and implied warranties with regard to the Application.
10. LIMITATION OF LIABILITY
10.1. In no event shall Nearly Too Late Ltd be liable for any direct, indirect, special, punitive, exemplary or consequential losses or damages of whatsoever kind arising out of your installation or use of or access to the Application, including loss of profit or the like, whether or not in the contemplation of the parties, whether based on breach of contract, tort (including negligence), product liability or otherwise.
10.2 Nearly Too Late Ltd shall not be liable to you for any damage to your equipment, including but not limited to mobile telephones, handheld devices, computer equipment or systems or any files or data, as a direct or indirect result of your installation or use of or access to the Application.
10.3. Nothing in these Terms and Conditions shall exclude or limit Nearly Too Late Ltd’s liability for death or personal injury caused by negligence or for fraud or fraudulent misrepresentation, or for any other liability which cannot be excluded or limited under applicable law.
10.4 Subject to the other provisions of this clause 12, Nearly Too Late Ltd’s liability to you arising directly or indirectly from your installation or use of or access to the Application shall not in any circumstances exceed the lesser of (i) £10.00; or (ii) the total value of all Application(s) purchased by you in the 12 month period immediately preceding the date of the claim or claims in respect of which liability is alleged.
11.1 Should any part of these Terms and Conditions be found to be invalid or unenforceable, then that part shall be deemed to be severed from these Terms and Conditions to the extent of its invalidity or unenforceability, and its severance shall not affect the enforceability or validity of the remainder of these Terms and Conditions.
11.2 Unless otherwise specified, the materials in the Website are presented solely for the purpose of promoting products and services which are available in the United Kingdom. Nearly Too Late Ltd makes no representation that any materials in the Website are appropriate or available for use in other locations. Those who choose to access the Website from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
11.3 These Terms and Conditions shall be governed by English law, and all disputes arising from them shall be submitted to the exclusive jurisdiction of English courts.