Terms and Conditions App

Little Worship Company World - Terms of Use

Welcome to Little Worship Company World (the “App”) brought to You by The Little Worship Company Limited (“Us”, “We” or “Our”). In this App Terms of Use (“Terms of Use”), “You” and “Your” means You the person using or visiting the App.

Children should check with their parent(s) or guardian(s) before using the App and must have permission to use the App and Services. Parents or guardians should read these Terms of Use and should explain to any children using the App and Services how these Terms of Use will apply.

These Terms of Use, together with our privacy policy which can be accessed through the relevant link on the App (“Privacy Policy”) set out how You may use the App and any of the additional services made accessible through the App (the Services). Our Privacy Policy is an essential part of these Terms of Use and by accepting these Terms of Use You also accept and consent to Our Privacy Policy.

The App is currently available via the Apple App Store, Google Play and the Amazon App Store (together theApp Stores). By downloading, accessing and/or using the App and Services, You agree to be bound by these Terms of Use in addition to any usage rules or terms of services which may apply between you and the applicable App Store that you access the App from, including without limitation Apple’s App Store Usage Rules and the Google Play Terms of Services (the App Store Terms). You acknowledge and agree that no neither Apple Inc., Google Inc. nor Amazon Digital Services, Inc. as may be applicable (the App Store Provider(s)) are party to these Terms of Use and that these Terms of Use are concluded between You and Us only.

We may vary these Terms of Use from time to time. However, if We do, We will notify You of any variations that are going to be made by Us reasonably in advance of the date on which such variations take effect. We will also invite You to accept Our new Terms of Use If You do not accept such variations then You will no longer be able to access the App.

1. ABOUT US AND COMPLAINTS

  1. 1.1  This App is owned and operated by The Little Worship Company Limited, a company incorporated in England and Wales with registered number 11143839 and registered address St Brandon’s House, 29 Great George Street, Bristol, United Kingdom, BS1 5QT

  2. 1.2  If You would like to contact Us or make a complaint about anything contained in the App, please contact Us using the following details:

    Name: Stephanie Gauld (stephanie.gauld@wonderborn.tv)

2. FEES AND SUBSCRIPTION

  1. 2.1  There is a 7-day free trial on signing up.

  2. 2.2  Following the 7-day free trial, the charge for the App is either a monthly subscription of £3.99/month

    or an annual subscription of £23.99/year (approx. £1.99/month).

  3. 2.3  You can only unsubscribe via the relevant App Store Provider. Once you have unsubscribed, the next time you open the App you will see a subscription screen. Clicking on this link will take you through to the App Store Provider so that you can choose to carry out the subscription process again.

  4. 2.4  Subject to Your continued compliance with these Terms of Use and any applicable App Store Terms, we hereby grant to You a non-exclusive, non-transferable, non-sublicensable, revocable, limited licence to access and use the App the device You used to download the App and on any other compatible device registered to Your applicable App Store account (each a “Device”) for Your own

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any time, but please note that you will not receive a refund for any remaining period of a

You can cancel your subscription at

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subscription.

personal, non-commercial entertainment. If You breach any provision of these Terms of Use, this licence will immediately terminate and You must immediately cease use of the App.

  1. 2.5  You are responsible for obtaining (at Your own cost) all necessary devices and telecommunications services required to access the App. You are also responsible for ensuring that no person uses Your Device to access the App without Your permission. We will be entitled to assume that anyone who accesses the App using Your Device has Your permission to do so and You will be responsible for any charges, costs or liabilities that may be incurred by any such persons whilst using Your Device.

  2. 2.6  If the App does not download on to Your Device successfully, you should:

    1. (a)  if you downloaded the App via the Apple App Store, contact Apple as soon as possible using the “Report a Problem” link in the invoice that will be provided to You by Apple following the completion of the App’s download. Apple may, after investigating the reason for the App’s failure to download to Your Device successfully and determining that the reason for such failure is due to Apple’s App Store and not due to a breach by You of these Terms of Use or Apple’s App Store Terms of Service (as amended from time to time), provide You with a replacement download of the App if such failure can be resolved; or

    2. (b)  if you downloaded the App via Google Play or the Amazon App Store, contact Us as soon as possible using the contact details set out in clause 1.2.

  3. 2.7  Except as expressly set out in these Terms of Use or as permitted by any local law, you agree:

    1. (a)  not to copy the App or except where such copying is incidental to normal use of the App, of where it is necessary for the purpose of back-up or operational security;

    2. (b)  not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the App;

    3. (c)  not to make alterations to, or modifications of, the whole or any part of the App, or permit the App or any part of it to be combined with, or become incorporated in, other programs; and

    4. (d)  not to reverse engineer, decompile, disassemble or otherwise attempt to obtain the App’s source code.

3. USE OF THE APP

  1. 3.1  You must

    1. (a)  not provide false personal information when creating and maintaining your App Profile.

    2. (b)  not use the App in any improper or unlawful manner or in breach of any legislation or licence that applies to You;

    3. (c)  not infringe our Intellectual Property Rights (as defined in clause 5.1 below) or those of any third party in relation to Your use of the App;

    4. (d)  not transmit any material that is defamatory, offensive or otherwise objectionable in relation to Your use of the App; and

    5. (e)  not use the App in a way that could damage, disable overburden, impair or compromise Our systems or security or interfere with other users.

  2. 3.2  You agree to comply with all reasonable instructions that We may give You regarding Your use of the App.

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4. THIRD PARTY WEBSITES

  1. 4.1  The App contains content from and may link to the Little Worship Company website at

    www.littleworshipcompany.com.

  2. 4.2  These Terms of Use will not apply to Your use of any website that You access via the App. Your use of any such website may be subject to additional terms and conditions, which We suggest You read carefully before proceeding.

  3. 4.3  Third party websites are in no way approved, vetted, checked or endorsed by Us or by the applicable App Store Provider and You agree that neither We nor any App Store Provider shall be responsible or in any way liable for the content, accuracy, compliance with relevant laws or accessibility of any information, data, advice or statements or for the quality of any products or services available on such websites. Links do not necessarily imply that We are or that the App is affiliated to or associated with such third party websites. If You decide to visit any other website, You do so at Your own risk.

5. INTELLECTUAL PROPERTY

  1. 5.1  For the purposes of these Terms of Use, “Intellectual Property Rights” means patents, registered and unregistered trade marks and service marks, domain names, registered designs and design rights, copyright (including such rights in computer software and databases), database rights and moral rights (in each case for the full period thereof and extensions, revivals and renewals thereof), applications for the foregoing and the right to apply for any of the foregoing anywhere in the world, and all similar rights anywhere in the world including those subsisting in inventions, designs, drawings and computer programs.

  2. 5.2  All Intellectual Property Rights in and to the App and any and all features, content, materials and information made available via the App are owned by and shall remain owned by Us or Our licensors at all times.

  3. 5.3  These Terms of Use are not intended to prevent You recording in manual form any individual item of information from the App or disclosing any individual item of information from the App, free of charge, to friends or relations for non-commercial purposes provided that You take all reasonable steps to ensure that any person to whom You may disclose that information complies with these Terms of Use.

6. WARRANTIES AND DISCLAIMERS

  1. 6.1  We will exercise all reasonable skill and care in providing the App. However, We are not able to guarantee the availability of the App or the accuracy, completeness, currency or reliability of any features, content, materials or information on the App that derives from third parties (including any of Our licensors or third party partners).

  2. 6.2  Except as expressly provided in these Terms of Use, the App and all features, content, materials and information provided through it are provided on an "as is" basis without guarantee of any kind and any conditions, statements and warranties (including any warranty of reliability, completeness, accuracy, fitness for a particular purpose or non-infringement) are excluded to the fullest amount permissible by law.

  3. 6.3  Without limiting the foregoing, We cannot guarantee and do not promise that the App and all features, content, materials and information provided through it will meet Your requirements. Therefore we advise You to check any features, content, materials and/or information provided to You through the App as any reliance that You place on the accuracy, completeness, currency or reliability of that information is at Your own risk.

  4. 6.4  Certain jurisdictions do not allow limitations on implied warranties. If You reside in such a jurisdiction, some or all of the above disclaimers may not apply to You, and You may have additional rights. The

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foregoing disclaimers, apply to You to the fullest extent such disclaimers are permitted under the laws of the jurisdiction in which You are located.

6.5 You warrant to Us and the applicable App Store Provider that:

  1. (a)  You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and

  2. (b)  You are not listed on any U.S. Government list of prohibited or restricted parties.

7. LIMITATION OF LIABILITY

  1. 7.1  Nothing in these Terms of Use limits or excludes our liability for anything that cannot be excluded by applicable law.

  2. 7.2  Subject to clause 7.1, You agree that neither We nor the applicable App Store Provider shall be liable for:

    (a) Any direct loss, claim or damage (save for as set out in these Terms of Use);

    (b) Any indirect loss, claim or damage, or any punitive, special, incidental or consequential damages of any kind (including lost savings or loss or corruption of data); or

    (c) Any loss of profit (whether direct or indirect), in each case whether based in contract, tort (including negligence), strict liability, or otherwise,

    Which arises out of or is in any way connected with:

    1. (i)  Any use of this App or its contents;

    2. (ii)  Any failure or delay in the use of any component of the App (including any premium content) or any service including any unavailability of the App or the services irrespective of duration of any period of unavailability; or

    3. (iii)  Any use of or reliance upon any feature, content, material, information, software, products, services and related graphics obtained through the App,

    in all cases even if We have been forewarned of the possibility of such loss or damage.

  3. 7.3  Without limiting the effect of clause 7.2, due to the inherent risks of using the internet, We cannot be liable for any damage to, or viruses that may infect, Your device or any other property when You are using the App. The downloading or other acquisition of any features, content, materials or information made available via the App is done at Your own discretion and risk and with Your agreement that You will be solely responsible for any damage to Your device or loss of data that results from the downloading or acquisition of any such materials.

  4. 7.4  You agree to indemnify Us against any claims or legal proceedings that may arise through Your use of the App or from any breach of these Terms of Use by You.

  5. 7.5  We will notify You of any such claims or proceedings and keep You informed as to the progress of such claims or proceedings.

  6. 7.6  You acknowledge and agree the applicable App Store Provider has no obligation whatsoever to provide any maintenance and/or support services with respect to the App. Any maintenance and/or support queries should be addressed to Us using the contact details set out in clause 1.2.

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  1. 7.7  We, and not the App Store Provider, shall be responsible to You for any failure of the App to comply with any product warranties relating to the App and which We are not permitted to exclude or disclaim because of applicable law. If the App fails to conform to any such warranty:

    1. (a)  If you downloaded the App via the Apple App Store, you may notify Apple, and Apple will refund the purchase price for the App to You, if any, however notwithstanding the foregoing, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App; or

    2. (b)  If you downloaded the App via Google Play or the Amazon App Store, you should contact Us as soon as possible using the contact details set out in clause 1.2.

  2. 7.8  We, and not the applicable App Store Provider, will be solely responsible for addressing any claims that You or any third party may have with respect to the App, or Your possession or use of the App, including, but not limited to any:

    1. (a)  product liability claim;

    2. (b)  Intellectual Property Rights claim brought against You by a third party;

    3. (c)  claim that the App fails to conform to any applicable legal or regulatory requirements; and

    4. (d)  claim arising under consumer protection or similar legislation.

8. TERMINATION

  1. 8.1  We may remove the App or cease providing any of the features, content, materials, information or

    services provided via the App at any time in Our absolute discretion for any reason whatsoever.

  2. 8.2  You may uninstall the App from Your Device at any time.

  3. 8.3  Neither Clause 8.1 nor Clause 8.2 will affect the accrued rights and liabilities of either You or Us as at the time of such removal or uninstallation.

9. DATA PROTECTION AND PRIVACY

  1. 9.1  We will only use any personal information that We may collect about You in accordance with Our Privacy Policy. Our Privacy Policy forms an essential part of these Terms of Use and it is important that You read it. By accepting these Terms of Use You also accept and consent to Our Privacy Policy.

  2. 9.2  We will only gather general anonymous information via the App which profile a user’s actions while on the App. However, if you choose to subscribe to the mailing list (and you must be 18 years or more to do so) then you agree that we may send you information via our subscription mailing, including our Little Worship Company newsletter with information about upcoming new content, competitions, marketing and other Little Worship Company products. Please note that for the protection of children using the App, subscription to the mailing list is behind a ‘parent gate’ requiring an authorisation to access.

10. GENERAL

  1. 10.1  Any failure or delay by Us to enforce any of Our rights under these Terms of Use will not be taken as or deemed to be a waiver of that or any other right unless We acknowledge and agree to such a waiver in writing.

  2. 10.2  These Terms of Use are not intended to be for the benefit of, and will not be exercisable by, any person who is not a party to these Terms of Use. Notwithstanding the foregoing, You acknowledge and agree that the applicable App Store Provider (and each of its respective subsidiaries) is a third

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party beneficiary of these Terms of Use and therefore may enforce its respective rights under these Terms of Use against You.

  1. 10.3  If any Clause or part of a Clause of these Terms of Use is or becomes invalid, illegal or unenforceable, the remainder of these Terms of Use shall remain valid and enforceable.

  2. 10.4  These Terms of Use and the Privacy Policy set out the full extent of Our obligations and liabilities concerning the App and the services We provide via the App.

  3. 10.5  Subject to Clause 7.1, You shall have no remedy in respect of any untrue statement made to You upon which You relied in entering into these Terms of Use other than any remedy You may have for breach of the express terms of these Terms of Use.

  4. 10.6  These Terms of Use and any non-contractual obligations arising out of them shall be governed by and construed in accordance with your local law and the jurisdiction of your national courts.

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