·DADA·net·

PLEASE READ THESE TERMS AND CONDITIONS AND OUR PRIVACY POLICY CAREFULLY (THE “AGREEMENT”).

We strongly recommend you print them out and read them in their entirety or alternatively a hard copy is available on written request to us using the Customer Service contact details below. This Agreement (inclusive of the corresponding Privacy Policy, found at: http://www.pocoyohouse.com/uk#!/terms/privacy) are legally binding and set out the terms and conditions upon which you may access and use the service on either the web app: www.pocoyohouse.com/ae (the “Web App”) or the native app: https://play.google.com/store/apps/details?id=com.pocoyo.house (the “Native App”). The Web App and the Native App collectively shall be referred to as the "App".

The Agreement also explains how we may use your personal information, but our Privacy Policy will provide you with more information. By accessing this WebApp you agree to be bound by this Agreement.

We recommend that you check this Agreement on each visit to this WebApp. If you do not wish to be bound by this Agreement, you may not access or use the WebApp and/or the Service (as defined below) and should exit immediately.

You represent and warrant that you possess the legal right and ability to enter into this Agreement and to use this Service (as defined below) in accordance with all terms and conditions herein. You promise to us you are old enough to enter legally binding contracts and you know you will be responsible for all payments due to us for the Service (as defined below), whether it is used by you or another person using your personal information.

If you do not agree with any terms and conditions of this Agreement, then you should cease using this App and exit immediately. Please note that in some jurisdictions there are obligatory provisions in the consumer legislation that may be relevant to Service (as defined below) provided under this Agreement.

YOU ACCEPT THAT YOU HAVE BEEN GIVEN AN OPPORTUNITY TO READ AND ACCEPT THIS AGREEMENT BEFORE USING THE SERVICE OFFERED.

1. INTRODUCTION

Buongiorno UK Limited, a limited liability company registered in England and Wales whose registered office address is at 57 – 63 Scrutton St, London, EC2A 4PF under company number 4101267 (the “Company”). The Company has been authorised to act as licensee of “Pocoyo House and P’House” in the United Arab Emirates which provides a vast amount of mobile content including apps and videos for preschool aged children (the “Content”) for a flat daily subscription fee on your supported mobile device accessed via the App (the “Service”).

The Service is available as a daily subscription of AED 1.20 per day, which will be charged directly to your prepaid mobile phone credit or monthly Etisalat or Du bill, on a continuous basis until you send “STOP POCOYO” to 1156 if you're an Etisalat customer or 8823 if you are a Du customer.

Please call our helpline noted at the bottom of this Agreement without hesitation should you have any questions regarding any aspect of our Service.

In this Agreement references to “we”, “us”, “our” and any similar expression shall include the Company and any of its affiliates. This Agreement is to be entered into between the customer “you” and 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 as well as any rules governing the App or any Content provided to you on or via the Service. If there are any inconsistencies between any rules on the App and this Agreement then the terms of this Agreement shall prevail.

2.2 Subject to Clause 2.3 below, we reserve the right to make any amendments to the Agreement. We encourage you to review the Agreement available on our WebApp http://www.pocoyohouse.com/ae or on the Native App, which is updated periodically. Your continued use of the Service will be deemed to be your acceptance of any changes to this Agreement (as applicable). If the modified Agreement is not acceptable to you, your only recourse is to cease using the Service. For further details on cancellation please see the customer service section below.

2.3 Any change to our prices, Service upgrades or migration, charging policy or policy relating to disclosure of your personal information will require your prior written consent in order to become applicable to you.

2.4 Any rights not specifically granted herein are reserved by us.

3. YOUR REPRESENTATIONS

3.1 By seeking to subscribe to the Service, accessing and/or using the Service you hereby confirm to us that at all such times you:

a) are resident in United Arab Emirates and it is your main residence;
b) are aged 21 years or over;
c) are of sound mind and capable of taking responsibility for your own actions;
d) can enter into a legally binding agreement (you are not legally barred from doing so for any reason) and you are the person whose details are provided in connection with your subscription to the Service;
e) are acting on your own behalf (as principal) and not on behalf of anyone else;
f) are the authorised owner of the mobile device which you provided when you completed subscription to the Service;
g) you are located in a jurisdiction in which subscription and access to and use of the Service is not unlawful or contrary to any applicable laws or regulations. It is your responsibility to ensure that this is not the case.

3.2 Persons in breach of this Agreement are not entitled to access or use the Service and could be committing fraud and be subject to criminal prosecution.

3.3 You cannot use the Service unless you have first completed the subscription to the Service (please see details in the section titled “Subscription”).

3.4 You hereby warrant to us that all information provided in your subscription to the Service and all personal data provided to us is complete, true and accurate and not misleading and that you will notify us immediately of any change.

3.5 You undertake to access and/or use the Service for legitimate and personal entertainment purposes only.

3.6 You undertake to abide by all applicable laws and regulations when using the Service and to be solely responsible for all matters arising from your use of the Service.

3.7 You undertake not to use the Service in any way which might infringe any rights of any third party or give rise to a legal claim against us by any third party;

3.8 You undertake not to damage, interfere with or disrupt access to the Service or do anything that may interrupt or impair its functionality (nor assist, encourage or permit any other person to do so).

3.9 You undertake not to obtain or attempt to obtain unauthorised access through whatever means to the Service or any part of it (nor assist, encourage or permit any other person to do so).

4. THE SERVICE

4.1 The Service is specifically aimed at parents to use with or on behalf of their children.

4.2 The Service can be accessed either via the:

a)    Native App: download from Google Play App Store: https://play.google.com/store/apps/details?id=com.pocoyo.house; or
b)    Webb App: via http://www.pocoyohouse.com/ae.


Service Description:


Service: Webapp

Service Access: http://www.pocoyohouse.com/ae

Price: AED 1.20

Payment Period: Per Day

Termination: Send STOP POCOYO to 1156 (for Etisalat customers) or 8823 (for Du customers)


Service: Native App

Service Access: https://play.google.com/store/apps/details?id=com.pocoyo.house

Price: AED 32.99

Payment Period: Per Month

Termination: Via Google Play account

 

4.3 To access the Service you must ensure that your mobile device is compatible with the Service and that it is correctly configured for use. For Android devices, please find a list of those which support Flash Player http://www.adobe.com/flashplatform/certified_devices/s.html

5. SUBSCRIPTION

5.1 Before you are able to fully access the Service you will be required to subscribe to the Service in one of the following ways:

a)    Web App: By clicking on an advertising banner and following the instructions noted on the subsequent pages to:
i.    click on the button e.g. “SUBSCRIBE NOW” and then the “CONFIRM” button to complete your subscription; or
ii.    by visiting the Web App directly and following the instructions to subscribe to the Service. Once your subscription to the Service is complete you will be able to use and/or access the Web App.
iii.    Upon completion of the subscription to the Web App Service, we will confirm by SMS text message to the mobile number which you provided, that you have successfully subscribed to the Service.

b)    Native App: By visiting our Google Play page and then clicking on the download and install button.

5.2 The subscription fee/charges for the Service are always mentioned at the point of purchase i.e. at the commencement of subscription period or on the date of accessing the Service.

5.3 Following subscription to the Service you will be provided with access to the Service as applicable either via http://www.pocoyohouse.com/ae for the Web App or https://play.google.com/store/apps/details?id=com.pocoyo.house for the Native App.

5.4 Transactions made using your registered mobile number are accepted by us on the understanding that you are authorised to register this mobile number and to access and/or use the Service. If your mobile phone 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 User Data (as defined below).

5.5 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 user identification details e.g. your full name, address (email and/or postal), mobile number/MSISDIN (mobile station integrated services digital network number and other personal information (“User Data”) 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 full compliance with its terms. You also agree to inform us immediately (our contact details are provided in the customer service section below) if you believe that your User Data is being misused by a third party so that we may suspend your subscription to the Service.

5.6 We reserve the right to disable any User Data whether chosen by you or allocated by us at any time if in our sole opinion you have failed to comply with any of the provisions of this Agreement.

5.7 We reserve the right to ask for proof of age documentation and evidence to verify your identity at any time (including any third party, which may keep a record of such 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 subscription to the Service.

5.8 We reserve the right to refuse, suspend and/or terminate your subscription to the Service immediately and without consulting or notifying you or giving you reasons in the event that you publish, cause the publication of and/or send via the Service 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, regulation, code or request of a mobile network operators (“MNO”) and/or regulators or should we deem it in our and/or other customers best interests to do so.

5.9 It is your sole responsibility to ensure that at all times you comply with all laws and regulations with respect to the App and/or Content made available through the Service in any jurisdiction where you are located or are a resident and that you have a complete and unrestricted legal right to subscribe to the Service, access and/or use the Service in whole or part.

5.10 Use of the Service will be closely monitored to ensure that no customer is using the Service with a frequency or in a manner which might suggest that he or she is using it except solely for personal use or is using it on behalf of others, and we reserve the right to suspend and/or terminate the access to the Service if we consider or suspect that the Service is being used in this way.

5.11 If any of your User Data or other information relevant to your subscription to the Service change you must inform us immediately by contacting us using the contact information provided in the customer service section below.

6. SUBSCRIPTION CHARGES

6.1 The Service is mobile subscription service costing AED 1.20 per day, after the expiry of the initial 24 (twenty-four) hour trial period (for new Customers only) and your subscription will be automatically renewed daily until you unsubscribe. By clicking on ‘SUBSCRIBE NOW’ you agree to the Terms and Conditions. To unsubscribe send STOP POCOYO to 1156 (for Etisalat customers) or 8823 (for Du customers) or call us on: 8000-3570-4306.

6.2 Our Service offers you unlimited access to the Content via the App while you remain subscribed to the Service. You will pay the price detailed above by charging the purchase to your monthly account or prepaid account provided by your MNO. The subscription fee shall become due at the end of the specific subscription period while you are subscribed to this Service irrespective of whether or not the App is actually accessed during any particular subscription period.

6.3 Your contract for the Service is with us and not with your MNO. Your MNO has agreed with us to simply to charge the amount directly to your bill or prepay account. Once this charge has been authorised by you must pay your MNO (for monthly accounts) the amount charged. You are therefore wholly responsible for checking that you are happy with the seller (us), the price and the Service before making a purchase commitment.

6.4 MNO charges may also apply and all prices stated and/or otherwise communicated to you are inclusive of value added tax or similar taxes (“VAT”) (where applicable). The Service is being provided on a subscription basis and this means it will renew automatically after the end of the specific subscription period unless and until the you decide to opt out or unsubscribe from the Service.

6.5 You can access the Service until you send “STOP POCOYO” to 1156 (for Etisalat customers) or to 8823 (for Du customers) at any time to out opt or unsubscribe from the Service. For further details on cancellation please see the Customer Service section below.

6.6 If you dispute any payment made, you must contact us immediately and provide full details of your claim, using the Customer Service details stated in section 12 below.

6.7 If you owe any amount under or relating to this Agreement, we may suspend or withdraw the provision of Service to you. You will be able to access the Service for 48 (forty-eight) hours after the first billing attempt fails, after which the Service may be restricted or deactivated.

6.8 If the payment for each week you are subscribed fails, we will attempt to take the payment for a period between 1-6 months, depending on whether you are a Du or an Etisalat customer, before automatically cancelling your subscription and privileges (an SMS message will be sent to you to confirm this).

6.9 No refunds will apply for early abortive Content, games, or termination of the Service following a payment period.

7. ACCESS AND USE OF THE SERVICE

7.1 In order to access and/or use the Service follow the information shown on your device’s screen to complete Subscription.

7.2 Any use of the Service by you is on an "as is" and an "as available" basis. You agree and accept that the Service is not a fault-free service and is for your own personal use and shall not be used for commercial purposes.

7.3 Your contract 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 part of the Service.

7.4 We reserve the right to change the format of the Service, the App or the Content that we offer, in whole or in part, in order to enhance them, correct any defects or provided upgrades from time to time. We reserve the right to record all telephone calls made to us and to monitor all information relating to the Service for which purposes you consent in accordance with the requirements of the Regulation of Investigatory Powers Act 2000 and the regulations promulgated by the UAE Telecommunications Regulatory Authority.

8. VIRUSES, HACKING AND OTHER OFFENCES

8.1 You must not attempt or encourage the misuse of the Service 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 server on which the Service is stored or any server, computer or database connected to the Service. You must not attack the Service via a denial-of-service attack (“DoS”) or distributed denial-of-service attack (“DDoS”).

8.2 By breaching Clause 9.1 above, you would commit a criminal offence under the Computer Misuse Act 1990 and UAE Federal Law No. 5 of 2012) concerning Combating Information Technology Crimes (as well as any amendments, re-enactments which may be made to such laws from time to time). 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 App and the Service will cease immediately without notice to you or any liability to us.

8.3 We will not be liable for any loss or damage caused by the DoS, DDoS, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Service or to your downloading of Content, or other material posted on or via the Service.
 
9. SPECIAL PROMOTIONS

9.1 We may from time to time run promotions including free news and/or content which is free to access, award prizes and provide you with marketing or promotional materials if you have completed your subscription to the Service and opted in to receive such information from us.

9.2 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. For the purposes of this Agreement, a ‘first time user’ is a customer who has not subscribed to the Service before.

10. SECURITY POLICY

10.1 We will not rent, sell or share your personal details to or with third parties. However, we may pass on your details to relevant authorities or regulators if we and/or they wish to investigate or assist in the investigation of any suspected or alleged fraud or abuse of the Service and/or the App or if we are required by law to do so, for example under the Proceeds of Crime Act 2002 and any other money laundering or data protection legislation applicable in the United Arab Emirates.

10.2 All information received by us from your use of the Service shall be used in accordance with our Privacy Policy, which is available on the App (a link to our Privacy Policy is provided above) and which we encourage you to review as it details how we may process your User Data. By using the Service you consent to us processing your User Data. It is your responsibility to update and maintain the accuracy of that information and we are entitled to rely on any information you provide us with.

10.3 If we have reason to believe that there has been or is likely to be a breach of security or any other misuse of the Service, we may suspend and/or terminate your subscription to the Service.

10.4 We are not obliged to monitor, detect or report any unauthorised use of the Service and you shall be solely responsible for all use of the Service made by you or anyone else using your User Data, for preventing unauthorised use of your User Data and/or mobile device and you are liable for all user charges that are incurred as a result of any such unauthorised use.

10.5 If you believe there has been any breach of security such as the disclosure, theft or unauthorised use of your User Data or mobile device you must notify us immediately by e-mailing us at: pocoyo.ae@buongiorno.com.

11. CUSTOMER SERVICE

We hope that you are pleased with the Service and that you will never have reason to complain - but if there is something you are not happy with we would like you to tell us about it so that we can try to put matters right. Should you wish to make a complaint with respect to the Agreement or the Service please contact us by emailing or writing to the postal address as follows:

Customer Service:
Address: Pocoyo House, Buongiorno UK Ltd., PO Box 70730, London EC2P 2LQ

Helpline: 8000-3570-4306 (toll free, some network providers may apply their own charges, please refer to them for rates).

Email: pocoyo.ae@buongiorno.com

A copy of our Complaints Procedure will be sent to upon request by you or in the event that you submit a complaint to us.

In the event that we are unable to resolve your complaint you may wish to consider using the Consumer Protection division of the Department of Economic Development. The contact details for these alternatives are set out below:

Consumer Protection division:

Tel.: +971 600 545555
Fax: +971 4 450 3996
Email: consumerrights@dubaided.gov.ae

Cancellation:

You are free to cancel your subscription at any time by following the instructions below:

Text: To unsubscribe from the Service at any time text “STOP POCOYO” to:

1156 if you are an Etisalat customer
8823 if you are a Du customer

Your subscription to the Service can also be terminated anytime by clicking on to the unsubscribe option and following the instructions via the account section of the App portal.

12. OUR LIABILITY

12.1 The following provisions at Clauses 12.1 - 12.8 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 the Company, 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 Service.
 
12.2 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.

12.3 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 Service indefinitely and without notice or incurring any liability whatsoever.

12.4 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 and hold us harmless 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 Service.

12.5 Subject to Clause 13.2 above:

a) our total aggregate liability to you in respect of direct loss and damage and other direct liability, whatsoever (howsoever caused), whether 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 AED 460 (Four Hundred and Sixty United Arab Emirates Dirham) or the monthly subscription charge paid by you in the preceding calendar month to the claim in question;

b) any use of the Service is entirely at your own risk. In no event shall we be liable to you for any special, direct, indirect or consequential loss, damage(s) or liability (including without limitation, loss of profit, data, loss of goodwill, loss of contract or other information) or any claims for consequential compensation, loss, punitive or exemplary damages or damage(s) of any kind whatsoever (howsoever caused); or be subject to equitable or injunctive remedies (whether in contract or tort, including, negligence or strict liability or otherwise), arising out of or in connection with the Service and any supplied Content or offers even if it was reasonably foreseeable and whether or not we have been previously made aware of it.

12.6 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 the Service (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 Service of a link to another website or app does not constitute any authorisation to access materials held at that website or the app, your use of those other websites or apps is subject to any terms of use and/or privacy policies on those websites or apps.

12.7 We make no representation or warranty about information or any other item(s) that may be accessed either directly or indirectly via the Service (save to extent expressly provided otherwise in the Service) and we reserve the right to make changes and/or corrections at any time to such information, without notice. 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 Service.

12.8 Your statutory rights as a consumer (if any) are not affected by this Agreement.

13. INTELLECTUAL PROPERTY RIGHTS

13.1 Ownership: the copyright, database rights and other intellectual property rights (“IPR”) in any Content and/or other material displayed on or via the Service as well as its features (the “Materials”), which includes text, data, graphics, photographs, videos, animation, images and audiovisual content is owned by or licensed to us or the owners of third party websites or apps. This IPR is protected under the laws of England and Wales, United Arab Emirates, International treaties and all other applicable copyright and intellectual property laws around the world. All such rights are reserved. No licence is granted to you in respect of any such rights, except to the extent required for your personal use of the Service in accordance with this Agreement. Any unauthorised distribution is strictly prohibited and legal action could be taken against any such person who makes unauthorized distribution of the Materials or the IPR.
 
13.2 Trade marks: Our goods and/or service marks (which may include a name, word, phrase, logo, symbol, design, image, shape, signature or any combination of these elements) are and shall remain the exclusive property and trade marks of the Company. You shall not be entitled to reproduce such trade marks and/or associated logos without our prior written consent on each occasion.

13.3 Copying: Any downloading, reproduction, modification, distribution or use of the Materials except as otherwise permitted by this Agreement 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 purpose.

13.4 The following activities are prohibited unless you receive our express prior written permission on each occasion:

a)   deployment within this Service of any spider, robot web crawler or other automated query program; and

b)   re-use and/or aggregation of any of the Materials in the provision of a commercial service.

13.5 The copying and use of third party Materials accessed via the Service is governed by the terms of use applicable to the third party website or service accessed by you.

14. SUBMISSION OF INFORMATION

You agree that the User Data supplied by you to us may be used by us or our affiliates for the following purposes which shall include but are not limited to: sending you messages related to the Service, monitoring your use of the Service and from time to time evaluating if we can improve our services for customers, unless you text “STOP POCOYO” at any time to 1156 (for Etisalat customers) and 8823 (for Du customers) to opt out of the Service.

Any marketing information or promotional materials will require your prior consent before being directed to you.

Excluding User Data (which is covered in the Privacy Policy), all other non-personally identifiable information (including but not limited to comments, ideas, suggestions, concepts, data, technical information and graphics) submitted via the App will become our exclusive property without obligation of confidentiality and we, at our sole discretion, shall be free to use such information for any purpose without any restriction whatsoever.

15. GENERAL

15.1 This Agreement constitutes the whole agreement between you and us to the fullest extent permitted by law with regard to use of the Service.

15.2 The Privacy Policy forms an integral part of this Agreement.

15.3 If any clause or part of a clause 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 this Agreement. The remainder of the clause or paragraph which contains the relevant provision shall not be affected and this Agreement will continue to be valid and enforceable to the fullest extent permitted by law.

15.4 You may not transfer your rights pursuant to this Agreement to any third party. The Contracts (Rights of Third Parties) Act 1999 or other applicable law in the United Arab Emirates shall not apply to this Agreement and nothing in this Agreement shall confer or purport to confer on or operate to give any third Party any benefit or any right to enforce any term of this Agreement except as expressly provided in this Agreement.

15.5 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.

16. GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of England and Wales. You irrevocably agree that 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 Service 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.


Update: last update April 2017