Please read these terms and conditions carefully before using this site
www.papalona.com is a site operated by Papalona Limited (“We” or “Us”). We are registered in England and Wales under Company Number 09895312 and have our registered office at Frogmore House, Frogmore, St Albans, AL2 2LL.
These are the terms and conditions upon which we provide access to our site and its digital downloads.
By accessing this site and/or purchasing the products, you agree to these terms and conditions. If you do not agree to these terms and conditions, you should not use or access this site or purchase the products.
These terms of use refer to the following additional terms which also apply to your use of our site:
- Our Privacy Policy which sets on the terms upon which we process any personal data we collect from you or that you provide to us. By using our site you consent to such processing and you warrant that all data provided by you is accurate.
- Our Cookie policy
We may amend these terms from time to time. Every time you wish to use our site, please check these terms to confirm that you understand the terms that apply at that time.
Our Site
We may update and change our site from time to time to reflect changes in our products, our users; needs and our business priorities.
Our site is made available free of charge.
We do not guarantee that our site, or any content on it will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons.
You are responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions and that they comply with them.
You must keep your account details safe
If you choose or are provided with a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential.
You must not disclose it to any third party.
We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of this terms of use.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at info@papalona.com
How you may use materials on this site
We are the owner or the licensee of all intellectual property rights in our site, the materials and products provided on it. These works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off copies and may download extracts of any page(s) from our site for your personal use and you may draw the attention of others to content posted on our site.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
You may not sell, publish, advertise or otherwise distribute for commercial purposes any information or materials obtained from the Website. Any use of this Website or content or information contained herein other than for your own personal, non-commercial use is strictly prohibited unless you obtain the prior permission of Papalona Ltd.
If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
If you purchase our products
You can either buy our products:
- as a consumer for personal use; or
- as a business for limited commercial use in your nursery, school or early years foundation.
If you purchase our products as a consumer:
We grant you a non-exclusive perpetual personal use licence to download and play the MP3 recording (“the Recording”) subject to the following restrictions:
The licence is for personal use only. Personal use means non-commercial use of the Recording to be played in the home or otherwise in private. The Recording may not be used in any way whatsoever in which you charge money, collect fees, or receive any form of remuneration. The Recording may not be used in advertising. It may not be resold, relicensed or sub-licensed.
If you purchase our products as a business for use in your nursery, school or early years foundation:
We provides you with a non-exclusive perpetual commercial use licence to download and play the MP3 recording to the children during the normal course of your business to the children in your care during normal working hours. It may not be used to collect additional fees, charge money or generate remuneration which results solely or mainly as a result of playing the Recording.
Title and ownership, and all rights now and in the future of and for the Recording (whether purchased for personal use or by an Institution remain exclusively with Us.
There are no warranties, express or implied. The Recordings are provided ‘as is.’
Membership
Membership of the site entitles you to access of the relevant membership section of the site (Core or Premium) and to the audio recordings (“the Audios”) contained therein for the duration of your membership. Membership provides you with a non-exclusive licence that permits you to stream the Audios for you and your immediate family’s personal use (i.e. to be played in the home or otherwise in private). The Audios must not be shared outside of your immediate family or used in any way whatsoever in which you charge, collect fees or any form of remuneration. They may not be used in advertising and may not be re-sold, relicensed or sub-licenced.
Returns and refunds
We will refund you the purchase price of the product if we fail to deliver it to you within a reasonable time or if it is defective.
We cannot however refund any products for any other reason as the nature of the products, as digital downloads, makes it impossible for you to return the product to us.
Do not rely on information on this site
The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking or refraining from, any action on the basis of the content on our site.
Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.
We are not responsible for website we link to
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
We have no control over the contents of those sites or resources.
User-generated content is not approved by us
This website may include information and materials uploaded by other users of the site, including to bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on our site do not represent our views or values.
If you wish to complain about information and materials uploaded by other users please contact us on info@papalona.com
Our responsibility for loss or damage suffered by you
Whether you are a consumer or a business user
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud and fraudulent misrepresentation.
Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products to you which will as set out below
If you are a business user
If you use our site or purchase any of our products as a business user, the following provisions apply to you:
We exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it.
We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
- Use of, or inability to use, our site; or
- Use of or reliance on any content displayed on our site; or
- Use of or reliance on any product purchased from our site.
In particular, we will not be liable for:
- Loss of profits, sales, business or revenue;
- Business interruption;
- Loss of anticipated savings;
- Loss of business opportunity, goodwill or reputation; or
- Any indirect or consequential loss or damage.
If you are a consumer
If you use our site or purchase our products as a consumer, you agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.
In all cases, our liability will not exceed the either the purchase price of the Recording alleged to be responsible of the loss, or £100, whatever is the smaller.
We are not responsible for viruses and you must not introduce them
We do not guarantee that our site will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. 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 a breach, your right to use our site will cease immediately.
Rules about linking to our site
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link to our site in any website that is not owned by you.
Our site must not be framed on any other site, nor may you create a link to any part of our site other than our home page or products pages.
We reserve the right to withdraw linking permission without notice.
If you wish to link to or make use of content on our site other than that set out above, please contact info@papalona.com
Which country’s laws apply to any disputes?
Whether you are consumer or business, please note that these terms of use, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction.
Entire agreement
This Agreement (and any documents referred to in it) forms the entire agreement between us and supersedes and extinguishes all previous agreements howsoever arising, whether written or oral.
If any provision or part-provision of this agreement is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of this agreement.