Online Shop and Website
Below you will find the Terms and Conditions for our Online Shop followed by the Terms and Conditions for our Website.
CHOONBABOON ONLINE SHOP: TERMS AND CONDITIONS
Thank you for purchasing Choonbaboon products.
How the Online Shop works
You can use our online shop to buy usb flash drives containing Choonbaboon songs and teaching resources, or downloads of the same.
To place an order, follow the instructions on our website. Please take time to ensure there are no errors before placing your order. If we are unable to supply you with your product for any reason, we will inform you by email and will not process your order. If you have already paid, we will refund you the full amount as soon as possible.
(For hard-copy resources only) you have a right to cancel the order if you change your mind, but you must return the resources within 14 days. However, you can’t cancel if you have received the product and have opened or unsealed it, unless the product is defective. If this clause applies, please email us as soon as you can at the address shown on our website (www.choonbaboon.com). We will refund your money as soon as possible, provided the product is returned in good condition (if you have received it).
What is supplied (the “Choonbaboon products”)
The “Choonbaboon products” referred to in these terms include any licence, any physical products and any support or other services, or any of them, referred to below, together with any intellectual property or other ancillary rights. The Choonbaboon products include the following:-
Licence to use songs, videos and backing tracks
In return for payment, you are granted a limited, non-exclusive, revocable licence to make non-commercial use of the Choonbaboon products for the purpose of the education and entertainment of children .
Choonbaboon songs and resources are licensed, not sold, to you, and Choonbaboon retains ownership of all Choonbaboon content including videos, music and all associated documents. Similarly, the Choonbaboon website and the content provided via that website are also the property of Choonbaboon.
Choonbaboon products are personal to you, and you may not share it or sell it to anybody else.
Limitations on use
You agree not to use the Choonbaboon products in any manner not expressly permitted by these conditions. In particular, you agree to the following:-
(a) No sharing content
The Choonbaboon products are not for resale or passing on to any third party who has not paid for the Choonbaboon products. You agree not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify, or share in any way, the Choonbaboon products.
(b) No downloads of songs, videos or other media
You must respect Choonbaboon’s property rights, which means, amongst other things, you must not copy, reproduce, “rip”, record, or make available to the public any part of the Choonbaboon products, or otherwise make any use of Choonbaboon products which is not expressly permitted under these terms. You must not screen grab video, or capture audio, from Choonbaboon products, or otherwise make any capture or copy, make any derivative work, or create any alternative source of Choonbaboon products. You must not in any way attempt to circumvent any technical protection for the Choonbaboon products. You must not do any of these things directly or indirectly, or by arrangement with others, or facilitate the doing of these things by others.
(c) No use for profit-making
Choonbaboon products are for the exclusive and sole use of the purchaser only. They are supplied solely for use in teaching, social activities, domestic and private use and any other not-for-profit activities. They are not for business or commercial use. They are not for public performance or for broadcast Choonbaboon except with our consent. They are not to be used for profit, business, for onward sale, or for any commercial activity.
(d) No breach of Choonbaboon copyright
All Choonbaboon trademarks, service marks, trade names, logos, domain names, and any other features of the Choonbaboon products or website are the sole property of Choonbaboon. You must not use these, otherwise than in accordance with this contract.
Limitations on our liability
As a consumer, you have legal rights in relation to goods and services which are faulty or not as described. Nothing in these terms will affect your legal rights.
Therefore, unless expressly stated in our contract with you, we do not give any guarantee or warranty in relation to the products supplied, and any implied term, representation or condition is excluded, except to the extent that the same cannot be excluded by law. We are not responsible for ensuring that the products are suitable for the use you intend.
In any event, save for liability for death, personal injury or any liability imposed by law, we are not liable to you or anybody else, in any circumstances, for any type of loss or damage. Without limiting that generality, we are not liable for any claim in delict (including negligence), contract, breach of statutory duty, or otherwise, and we are not liable for loss of profits, sales, revenue, business opportunity, goodwill, reputation, teaching or other resources or anticipated savings. We are not liable for loss or corruption of software, information or data. We are not liable for any indirect or consequential loss. We are not liable for loss caused by events beyond our reasonable control. Our total liability to you will not exceed the value of the subscription price under this contract. This contract is between you and us, and no third party may enforce the terms of our contract.
We will do our reasonable best to supply the Choonbaboon products when required, and to support your use of them, but we cannot be liable for any loss or damage incurred as a result of failure of this service.
We will do our reasonable best to respond to calls and emails in order to provide the services, but we cannot guarantee to do so. We are limited by our resources. In the event that we do not manage, you are not entitled to recover any loss, outlays, damages, third party expenses or otherwise to make any financial claim against Choonbaboon or any representative of Choonbaboon. We have no obligation to support, upgrade or update our service, however, in the interests of our commitment to improving service to customers, we will take all reasonable steps to do so, time and resources permitting.
All products shown on our website are subject to availability.
CHOONBABOON WEBSITE TERMS
- Our main trading address is 19 Bellevue Gardens, Edinburgh EH7 4JX
- Your use of this website, and any other dealings with us, are regulated by these terms, as well as any other relevant terms, for example our privacy policy and any specific supply terms.
- We try to keep access available to our website, but we can’t guarantee access, and we can’t guarantee error-free content. We may need to withdraw access from time to time, for example to allow servicing or amendment. We are not liable for any non-availability of access, however caused.
- We are happy to discuss any information you may need, but any information on our website, or in any communications with you, is not intended to amount to representations or advice, and is used entirely at your own risk. It is your responsibility to obtain accurate information. We will not be liable for any misinformation, however caused.
- This website uses cookies for authenticating, tracking, and maintaining site preferences for site visitors. The information collected in this way is stored and used for analysing the effectiveness of website design and advertising, and in verifying the identity of registered users. For more information, see our privacy policy.
- You may not create a link to our website without our written permission. You must not frame any part of our web site on any other website. You must not imply on your website that we endorse or sponsor your activities unless that is factually correct. We may withdraw any consents given at any time. Unauthorised use of our material may give rise to damages and/or amount to an offence.
- Our website may contain links to websites operated by third parties. We have no control over the contents or usage of any such websites. We are not liable for the content of such websites, and no endorsement of any such websites is implied.
- The copyright (and all other intellectual property rights) in this website, and all material posted on it (including amongst other things musical and video material, lyrics, photographs, trade marks, text, trade names, logos, graphics, illustrations, designs, software and written material) belongs to us (except so far as expressly retained by third parties). These intellectual property rights remain our exclusive property, except where expressly stated otherwise, and may not be used, sold, licensed, copied or reproduced in whole or in part in any manner or form by any person without our prior written consent.
- Where you have entered into a contract with us to download material from our site you may do so only to the extent permitted by the terms of our contract with you, and only for non-commercial purposes.
- You agree that you will not do anything or allow anything to be done to compromise the security of this web site. If you do not abide by these terms, we reserve the right to suspend your use of our site and other resources. We may also, in the event of abuse of fair use, disclose any relevant information to any third party for any legal purposes or to prevent future abuse.
- These terms are subject to the law of Scotland and the exclusive jurisdiction of the Scottish Courts. Any unenforceable terms are severable without effect on the remaining terms.. These terms can be changed from time to time without notice.