TERMS & CONDITIONS OF USE

Ebookadabra is provided by Moondog Books Limited (“Moondog”, “we”, “us”, “our”). Thank you for choosing us as your children's subscription reading service.

1. INTRODUCTION

1.1 These terms and conditions of use (the "Terms") shall govern your use of our application, services and website (together the "Service").

1.2 You will be asked to give your express agreement to these Terms, and our Privacy Policy (together referred to as the "Terms & Conditions") before you subscribe to or use our Service. If you don’t agree with the Terms & Conditions, then please don’t use the Service.

1.3 Although the Service is for the benefit of all your family the Terms & Conditions are between us and the adult subscribing to the Service.

1.4 Moondog Books, not Apple, is responsible for the Ebookadabra application and its content. Apple is not a party to the Terms & Conditions nor is it responsible for the application.

2. YOUR ACCESS TO THE SERVICE

Subscription

2.1 The Service is an ad-free, paid subscription service which enables you and your children to access and read a library of content when online and to store in your device’s memory for off-line reading up to 15 books per profile (your "Library") ("Subscription"). You may access the Service on an unlimited number of mobile devices while your Subscription is active but the number of concurrent sessions on those devices will be limited to five and the number of profiles available to you in the application will be limited to four (in addition to the parent profile) unless you pay an additional fee to increase the number of profiles (”Profile Limit”). If you require more profiles, let us know and we can increase this limit in return for a small additional payment.

Trials

2.2 From time to time, we may offer trials of the Service for a specified period without payment (a “Trial”). We reserve the right, in our absolute discretion, to determine your eligibility for a Trial, and to withdraw or to modify a Trial at any time without prior notice and with no liability. The Terms & Conditions shall govern your use of our Service during a Trial.

For some Trials, we will require you to provide your payment details to start the Trial. At the end of such Trials, we may automatically start to charge you for the Service on the first day following the end of the Trial period, on a recurring monthly basis. By providing your payment details in conjunction with the Trial, you agree to this charge.

3. SUBSCRIPTION PROCESS; RENEWALS; TERMINATION; PRICING

3.1 The advertising of our Service constitutes a promotion rather than a contractual offer.

3.2 No contract will come into force between you and us unless and until we accept your registration in accordance with the procedure set out in this Section 3.

3.3 As a new customer, whether using the Service on a Trial basis or not, you must create an account with us and log in. As part of this process you will be required to agree to the Terms & Conditions.

3.4 Our prices are quoted on the subscription pages of our website or in the application itself and you may be asked to select the terms of your Subscription (e.g. length, type and price of subscription). If you subscribe on our website you will be transferred to our payment service provider's website, and our payment service provider will handle your payment; we will then send you an initial acknowledgement; and we will either send you an order confirmation and a payment receipt (at which point your order will become a binding contract with us) or we will confirm by email that we are unable to accept your subscription and any payment you have made will be refunded to you (“Payment Transaction”). If you subscribe within the application the relevant application store will handle the Payment Transaction in accordance with their agreement with you.

3.5 Your Subscription to the Service, and your payment will automatically renew at the end of the subscription period, unless you cancel your Subscription, either on our website or in the app store as relevant, no less than 7 days prior to the end of the current subscription period. The cancellation will then take effect at the end of the last day of the current subscription period. If you cancel your payment after the Cancellation Period (see Section 6.2) is over and/or before the end of the subscription period, we will not refund any subscription fees already paid to us.

3.6 We may terminate the Terms & Conditions or suspend your access to the Service at any time, including in the event of your actual or suspected unauthorised use of the Service or non-compliance with the Terms & Conditions. If the Terms & Conditions are terminated or if your access to the Service is suspended, you agree that we shall have no liability or responsibility to you and we will not refund any amounts that you have already paid. To understand how to terminate your Subscription to the Service refer to our FAQ’s.

3.7 We may change the subscription price from time to time, and we will communicate any price changes to you through our website, in app store or by email, as appropriate. Subscription price changes will take effect at the start of the next subscription period following the date the price change is communicated. By continuing to use the Service after the price change takes effect, you accept the new price.

3.8 All amounts stated in the Terms & Conditions or on our Service are stated inclusive of VAT.

4. TERMS OF SUBSCRIPTION

4.1 We grant you a limited, non-exclusive, revocable, non-transferable licence to make personal, non-commercial use of the Service in accordance with the Terms & Conditions on any Apple iPad device that you own or control and as permitted by the Usage Rules set out in the App Store Terms of Service.("Licence").

4.2 You agree to allow the Service to use the processor, bandwidth and storage hardware on your device in order to facilitate the operation of the Service.

4.3 We respect the rights of our licensors and so we require you to acknowledge that the Service and the content provided through it ("Content") are the property of Moondog or Moondog's licensors and that you will not: (a) publish, sell, licence, sub-licence, make available to the public, rent, lease, transfer, transmit, broadcast, distribute or redistribute any Content in any format; (b) copy, reproduce, edit, modify, adapt or alter any Content, nor create any derivative work incorporating any Content. You specifically acknowledge that you may not transfer copies of your Library outside of the application to any other device via any means; (c) use any Content in any way that is unlawful or in breach of any person's legal rights under any applicable law, or in any way that is offensive, indecent, discriminatory or otherwise objectionable; (d) use any Content to compete with us, whether directly or indirectly; (e) reverse-engineer, decompile, disassemble, modify or create derivative works based on the Service or any part thereof; (f) artificially increase "read count" or otherwise manipulate the Service by using a script or other automated process; (g) use the Subscription or any Content for commercial use; (h) circumvent any territorial restrictions applied by us; (i) provide your password to any other person or use any other person’s user name and password; (j) circumvent or remove, or attempt to circumvent or remove, the technological measures applied to any Content for the purpose of preventing unauthorised use.

4.4 You warrant to us that you have access to the necessary computer systems, media systems, software and network connections to receive and enjoy the benefit of your Subscription.

4.5 All intellectual property rights and other rights in the Content and the Service not expressly granted by the Terms & Conditions are hereby reserved.

4.6 In the event that you are subject to any claim that your use of the Service in compliance with the Terms & Conditions breaches the rights of a third party you should notify this claim to us and we, not Apple, will be responsible for investigation, defence and discharge of any such claim.

4.7 You must retain, and must not delete, obscure or remove, copyright, trademark or other intellectual property or proprietary notices contained on the Service or in any Content.

4.8 The rights granted to you in the Terms & Conditions are personal to you and your children and your Closed Group (see Section 5.1), and you must not permit any third party to exercise these rights.

4.9 If you breach any provision of the Terms & Conditions, then the Licence may be terminated upon such breach.

4.10 All trademarks, service marks, trade names, logos, domain names and any other features of Moondog or our licensors are the sole property of Moondog or our licensors. The Licence does not grant you any rights to use the trademarks, service marks, trade names, logos, domain names, or any other features of Moondog or our licensors, whether for commercial or non-commercial use.

4.11 We will make reasonable efforts to keep the Service operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. We reserve the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the Service, with or without notice, all without liability to you for any interruption, modification, or discontinuation of the Service or any function or feature. You understand and agree that we have no obligation to maintain, support, upgrade, or update the Service, or to provide all or any specific content through the Service.

4.12 Moondog Books, not Apple, is responsible for the support and maintenance obligations set out in the Terms & Conditions and Apple has no obligations to you in respect of the support and maintenance of the application.

4.13 Moondog respects the rights of intellectual property owners. To report a copyright infringement, please contact us.

4.14 The Moondog software applications are licensed, not sold, to you, and Moondog retains ownership of all copies of the Moondog software applications even after installation on your Devices. Moondog may assign these Terms & Conditions or any part of them without restriction.

5. USER GENERATED CONTENT

5.1 You may post, upload and/or contribute ('post'), or invite others to post certain limited content to the Service, including drawings, text, reading preferences and audio files (“User Content”). User Content may only be viewed by you and your invited guests (your "Closed Group") unless you specifically consent to this content being made more widely available to other subscribers at the time you post it.

5.2 You represent that you have the right to post any User Content that you post to the Service, and that such User Content, or its use by us as contemplated by the Terms & Conditions, does not violate the Terms & Conditions, any applicable law, or the intellectual property rights of others. You grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, reproduce, make available to the public, publish, translate and distribute any User Content that you post on or in connection with the your Closed Group on the Service or to a wider group if you specifically consent to it in accordance with Section 5.1.

5.3 Aside from the rights specifically granted herein, you retain ownership of all rights, including intellectual property rights, in the User Content that you post to the Service, except that, where permissable under law, you agree to waive your right to be identified as the author of any User Content on the Service and your right to object to derogatory treatment of such User Content.

5.4 You agree that you will not upload User Content, including registering and/or using a username, which is or includes material that: (a) is offensive, abusive, defamatory, pornographic or obscene; (b) is illegal, or intended to promote or commit an illegal act of any kind, including but not limited to, violations of intellectual property rights, privacy rights or proprietary rights of Moondog or a third party; (c) includes personal data of third parties or is intended to solicit such personal data, (d) includes malicious content such as malware, trojan horses or viruses, or otherwise interferes with any user’s access to the Service; (e) is intended or does harass or bully other users; (f) impersonates or misrepresents your affiliation with another user, person or entity, or is otherwise fraudulent, false, deceptive, or misleading; (g) uses automated means to artificially promote content; (h) involves the transmission of unsolicited mass mailing (“spam”), junk mail, chain letter, or similar, including through the Moondog contact form; (i) involves commercial or sales activities, such as advertising, contests, sweepstakes, or pyramid schemes; (j) promotes commercial products or services; (k) interferes with the Service, tampers with or attempts to probe, scan, or test for vulnerabilities in the Service or Moondog’s computer systems or network, or breaches any of Moondog’s security or authentication measures, or (l) conflicts with the Terms & Conditions, as determined by us. You agree that we may also reclaim your username for any reason.

5.5 Your password protects your user account, and you are solely responsible for keeping your password confidential and secure. You understand that you are responsible for all use of your username and password on the Service. If your username or password is lost or stolen, or if you believe there has been unauthorised access to your account by third parties, please notify us immediately and change your password as soon as possible.

5.6 We do not monitor, review, or edit User Content, but we reserve the right to remove or disable access to any User Content for any or no reason, including but not limited to, User Content that, in our sole discretion, violates the Terms & Conditions. We may take these actions without prior notification to you. Removal or disabling of access to User Content shall be at our sole discretion, and we do not promise to remove or disable access to any specific User Content.

5.7 We are not responsible for User Content nor do we endorse any opinion contained in User Content. If you are not happy with any User Content, or if you wish to withdraw any licence granted to us in respect of any User Content please contact us.

6. Distance contracts: cancellation right

6.1 This Section 6 applies if you contract with us as a consumer and if you reside in a country that is part of the European Union.

6.2 You may cancel a contract entered into with us within 14 days of purchase (the “Cancellation Period”), but only if you have not logged in or started to use the Service within the Cancellation Period.

6.3 In order to cancel a contract with us you must inform us of your decision to cancel by means of a clear statement setting out the decision before the end of the Cancellation Period.

6.4 If you cancel on the basis described in this Section 6, you will receive a full refund of the amount you paid to us in respect of the order within the period of 14 days after the day on which we are informed of the cancellation.

6.5 We will refund money using the same method used to make the payment, unless you and we have expressly agreed otherwise. In any case, you will not incur any fees as a result of the refund.

7. Warranties and representations

7.1 You warrant and represent to us that: (a) you are over the age of 18 years and that you are legally capable of entering into binding contracts; (b)you have full authority, power and capacity to agree to the Terms & Conditions; (c) all the information that you provide to us in connection with your registration and Subscription is true, accurate and complete, (d) 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 (e) you are not listed on any U.S. Government list of prohibited or restricted parties.

7.2 We endeavour to provide the best service we can, but you understand and agree that THE SERVICE IS PROVIDED “AS IS”, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. YOU USE THE SERVICE AT YOUR OWN RISK. MOONDOG DISCLAIMS ANY WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

7.3 All of our warranties and representations relating to the Service are set out in the Terms & Conditions. To the maximum extent permitted by applicable law and subject to Section 8.1, all other warranties and representations are expressly excluded.

7.4 Moondog Books and not Apple is responsible for all warranties provided by it in the Terms & Conditions and any product liability claims under consumer protection or other applicable law and regulation. In the event the Service does not conform to our warranties you may notify Apple, and Apple may refund Subscription fees paid by you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the application and you must address any claim with us.

8. Limitations and exclusions of liability

8.1 Nothing in the Terms & Conditions limits or excludes our liability for death or personal injury resulting from negligence, or for fraud or fraudulent misrepresentation. Nothing in the Terms & Conditions limits or excludes any liabilities in any way that is not permitted under applicable law. If you are a consumer, your statutory rights will not be excluded or limited by the Terms & Conditions, except to the extent permitted by law.

8.2 The limitations and exclusions of liability set out in this Section 8 and elsewhere in the Terms & Conditions: (a) are subject to Section 8.1; and (b) govern all liabilities arising under the Terms & Conditions or relating to the subject matter of the Terms & Conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

8.3 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

8.4 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

8.5 We will not be liable to you in respect of any loss or corruption of any data, database or software.

8.6 We will not be liable to you in respect of any special, indirect, incidental, punitive, exemplary or consequential loss or damage.

8.7 You accept that we have an interest in limiting the personal liability of our officers, directors and employees, and of our agents, suppliers, licensors, shareholders, subsidiaries, affiliates, successors and assigns. Having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers, directors or employees, or against our agents, suppliers, licensors, shareholders, subsidiaries, affiliates, successors and assigns, in respect of any losses you suffer in connection with the website or the Terms & Conditions.

8.8 You agree that, to the extent permitted by applicable law, your sole and exclusive remedy for any problems or dissatisfaction with the Service is to uninstall our software and to stop using the Service and the Content. You further agree that our aggregate liability to you relating to the Service shall not exceed the total amount paid and payable to us by you during the three months prior to your claim.

8.9 In addition, Moondog does not warrant, endorse, guarantee or assume responsibility for any User Content, or any other product or service offered by a third party on or through the Service or any hyperlinked website. You understand and agree that Moondog is not responsible or liable for any transaction between you and third-party providers of products or services. As with any purchase of a product or service through any medium or in any environment, you should use your judgment and exercise caution where appropriate. No advice or information whether oral or in writing obtained by you from us shall create any warranty on behalf of us in this regard.

9. Variation

9.1 We may revise the Terms & Conditions from time to time by publishing a new version on our website.

9.2 Occasionally we may, in our discretion, make changes to the Service and the Terms & Conditions. When we make changes to the Terms & Conditions that we consider material, we’ll notify you through the Service. By continuing to use the Service after those changes are made, you are expressing and acknowledging your acceptance of the changes.

10. Assignment

10.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under the Terms & Conditions −providing, that such action does not serve to reduce the guarantees benefiting you under the Terms & Conditions.

10.2 You may not assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under the Terms & Conditions.

11. No waivers

11.1 No breach of any provision of a contract under the Terms & Conditions will be waived except with the express written consent of the party not in breach.

11.2 No waiver of any breach of any provision of the Terms & Conditions shall be construed as a further or continuing waiver of any breach of that provision or any other provision of that contract.

12. Severability

12.1 If a provision of a contract under the Terms & Conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

12.2 If any unlawful and/or unenforceable provision of a contract under the Terms & Conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

13. Third party rights

13.1 The Terms & Conditions are for our benefit and your benefit, and are not intended to benefit or be enforceable by any third party save for Apple and its subsidiaries who are third party beneficiaries of the Terms & Conditions, and on your acceptance of the Terms & Conditions, you agree that Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms & Conditions against you as a third party beneficiary thereof.

13.2 However, the exercise of our or your rights under the Terms & Conditions does not require the consent of any third party.

14. Entire agreement

14.1 Subject to Section 8.1, the Terms & Conditions constitute the entire agreement between you and Moondog and supersede all previous agreements in relation to the subject matter of the Terms & Conditions, whether written or oral. You represent that you have not accepted the Terms & Conditions in reliance on any oral or written representations made by us that are not contained in the Terms & Conditions.

14.2 There are other aspects of your use of the Service, for example your participation in promotions, contests, and surveys, which may be governed by separate terms and conditions. Any separate terms and conditions will be notified to you and those terms and conditions shall govern with regard to the aspect of the Service to which they apply, and are distinct from and supplemental to the Terms & Conditions, and do not supersede the Terms & Conditions. To the extent that there is any conflict between those agreements and the Terms & Conditions, the Terms & Conditions shall prevail.

15. Law and jurisdiction

15.1 These Terms & Conditions and your Subscription and use of the Service shall be governed by and construed in accordance with English law.

15.2 Any disputes relating to the Terms & Conditions shall be subject to the exclusive jurisdiction of the courts of England.

16. Statutory and regulatory disclosures

16.1 We will not file a copy of these Terms nor the Privacy Policy specifically in relation to each user or customer and, if we update either these Terms or the Privacy Policy, the version to which you originally agreed will no longer be available on our website. We recommend that you consider saving a copy of these Terms and the Privacy Policy for future reference.

16.2 The Terms & Conditions are available in the English language only.

17. Our details

17.1 The website and application is owned by Moondog Business Limited and operated by Moondog Books Limited under license.

17.2 We are registered in England and Wales under registration number 8960113, and our registered office is at Lynton House, 7-12 Tavistock Square, London, WC1H 9LT, United Kingdom.

17.3 Our group VAT number is 228 9088 73.

17.3 You can contact us by writing to the business address given above, by using our website contact form or, by email to contact@moondogbooks.com or by telephone on +44 (0)7982 607858.