1.1 These are the terms and conditions on which we supply Audiobooks. In these terms and conditions, 'You' or 'your' means the person using our App to buy Audiobooks (as defined below) from us. You can only purchase Audiobooks from us if you are eligible to enter into a contract and are at least 18 years old.
1.2 Please read these terms carefully before you submit your order to us. If you buy Audiobooks on our App (as defined below) or agree to subscribe for Coins which can be exchanged for Audiobooks through our membership program, you agree to be legally bound to this contract. These terms tell you who we are, how we will provide Audiobooks to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms please contact us to discuss.
1.3 We keep these terms updated and we amend them from time to time, so remember to check back in before you shop as the latest set of terms and conditions will apply.
2.1 The App "Audiobees" (the "App") is owned and operated by Bookabees Ltd, a company in England and Wales trading under the name Bookabees. Our company registration number is 09840645 and our registered office is 20 Bexhill Road, London, SW14 7NF. References to 'we', 'us' or 'our' means Bookabees Ltd.
2.2 You can contact us by writing to us at firstname.lastname@example.org.
2.3 If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4 When we use the words "writing" or "written" in these terms, this includes emails.
3.1 Your privacy and personal information are important to us. We will collate the information which you give to us in the order form to provide you with our online order service. By giving us this information, you consent to our use of it in order to process your data.
4.1 Subject to your compliance with these Terms Bookabees grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Audiobees Service. This license does not include any resale or commercial use of the Audiobees Service or its contents.
4.2 All rights not expressly granted to you in these Terms are reserved and retained by Bookabees or its licensors, suppliers, publishers, rightsholders, or other content providers. Neither the Audiobees Service nor any part of it may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited.
4.3 You may not misuse the Audiobees Service. You may use the Audiobees Service only as permitted by law. The licenses granted by Audiobees terminate if you do not comply with these Terms.
5.1 The Consumer Rights Act 2015 gives you certain legal rights (also known as "Statutory Rights"), for example, the goods:
(a) are of satisfactory quality;
(b) are fit for purpose; and
(c) match the description, sample or model.
5.2 The Audiobooks must comply with your legal rights.
6.1 Nothing in this contract affects your Statutory Rights. You may also have other rights in law.
6.2 Where the contents of an Audiobook are considered to be faulty, please contact us using the contact details at the top of this page, if you want:
(a) us to replace the Audiobook; or
(b) to reject the Audiobook and get a refund.
6.3 For more detailed information on your rights and what you should expect from us, please:
(a) visit our webpage;
(b) contact us using the contact details at the top of this page; or
(c) visit the Citizens Advice Website www.citizensadvice.uk or call 03454 04 05 06
7.1 Coins can either be purchased individually, as part of a fixed term subscription package or as part of an ongoing subscription.
7.2 You may convert individual purchases or fixed term subscriptions (such as gifts) into longer term or ongoing subscriptions. The terms and conditions that apply to your purchase will depend on the subscription model chosen by you.
7.3 The terms of any subscription may change due to changes in your subscription membership.
7.4 If Coins are purchased as part of a subscription package, we will continue to supply the Coins to you until:
(a) the term specified in your subscription package (if applicable) ends; or
(b) you end the contract as described in clause 11; or
(c) or we end the contract by written notice to you as described in clause 13.
7.5 We may need certain information from you so that we can set up an Audiobees account for you, for example, your name, address, billing information, records of your transactions with us, your purchase history as well as information to optimise our service such as the age and reading preferences of your child.
7.6 We may have to suspend the supply of the App to:
(a) deal with technical problems or make minor technical changes;
(b) update the App to reflect changes in relevant laws and regulatory requirements;
7.7 We will contact you in advance to tell you we will be suspending supply of the App, unless the problem is urgent or an emergency. If we have to suspend the supply of the App.
8.1 You have the right to cancel a Coins subscription contract within 14 days without giving any reason.
8.2 Outside this 14 day period, you have the right to cancel an ongoing subscription as long as you provide 7 days notice. This right of cancellation does not extend to pre-paid, fixed term subscriptions.
8.3 To exercise this right to cancel, you can email email@example.com and submit a clear statement of your decision to cancel the contract on our App. This form of exercise is not obligatory. If you use this option, we will communicate to you an acknowledgement of receipt of such a cancellation by email without delay.
8.4 To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
9.1 If this contract is ended it will not affect our right to collect and receive any money which you owe (including, for the avoidance of doubt, any reasonable interest and administration charges incurred in recovering the debt) to us under this contract.
10.1 We may end the Coins contract at any time by writing to you if you do not make any payment to us when it is due;
10.2 If we end the contract in the situations set out in clause 13.1 we will refund any money you have paid in advance for Coins we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
10.3 We may write to you to let you know that we are going to stop providing the App. We will let you know at least 14 days in advance of our stopping the supply of the App and will refund any sums you have paid in advance for Coins which will not be provided.
11.1 Any content should always be listened to by an adult or in the presence of a supervising adult.
11.2 Prices of Audiobooks in Coins are determined by Audiobees and are subject to change at any time at Audiobees sole discretion. Audiobees cannot confirm the price of an item until you order.
11.3 When you purchase Audiobees Content using Coins, Audiobees grants you a limited, revocable, non-exclusive, non-transferable license to download or stream such Audiobees Content to your computer and/or other device(s) solely for your personal, non-commercial use. You agree to not otherwise copy, reproduce, distribute or use the Audiobees Content other than as expressly set forth herein. You will not sell, transfer, lease, modify, distribute or publicly perform the Audiobees Content in any manner and you will not exploit it commercially. You agree to not modify, reverse engineer, decompile or disassemble the Audiobees Content, or otherwise tamper with the Audiobees Content or create any derivative works therefrom
11.4 All Audiobees Content you purchased will be delivered to your Audiobees Account.
11.5 Once we have made Audiobees Content available to you, you will bear the risk of loss for completing any download of Audiobees Content after purchase and for any loss of Audiobees Content you have downloaded, including any loss due to a file corruption or a device or hard drive crash. Purchased Audiobees Content will generally continue to be available in your Audiobees Account but may become unavailable due to possible content provider licensing restrictions or other reasons, and Audiobees will not be liable to you if Audiobees Content becomes unavailable for further download. You will not receive a full or partial refund of any fees already paid in such situations. Accordingly, we encourage you to download Audiobees Content promptly after purchase and to make a back-up copy.
11.6 You may cancel your order for purchase of Audiobees Content within 14 days from the date of your purchase for a full refund by contacting firstname.lastname@example.org unless you have started to download, stream, or listen to the Audiobees Content. Once you start to download, stream or listen to the Audiobees Content, you cannot cancel your order, and you will not receive a full or partial refund for your order.
12.1 At our discretion, we may provide discounts to the price of Coins or selected Audiobooks for new customers.
13.1 If you have any questions or complaints, please contact us. You can write to us at email@example.com.
14.1 The material displayed on our App is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we and other members of our group of companies hereby expressly exclude (a) all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity, and (b) any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our App or in connection with the use, inability to use, or results of the use of our App, any App linked to it and any materials posted on it.
14.2 If we fail to comply with these terms, we shall only be liable to you for the purchase price of the Audiobook and for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill. We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
14.3 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; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Audiobook including the right to receive Audiobooks which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and under the Consumer Protection Act 1987.
14.4 We only supply Audiobooks for domestic and private use. If you use the Audiobooks for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
15.1 We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
15.2 You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
15.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms.
15.4 Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
15.5 If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the Coins, we can still require you to make the payment at a later date.
15.6 These terms are governed by English law and you can bring legal proceedings in respect of the Audiobooks in the English courts. If you live in Scotland you can bring legal proceedings in respect of the Audiobooks in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the Audiobooks in either the Northern Irish or the English courts.
17.1 Access to our App is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our App without notice. We will not be liable if for any reason our App is unavailable at any time or for any period. From time to time, we may restrict access to some parts of our App, or our entire App, to users who have registered with us. You are responsible for making all arrangements necessary for you to have access to our App. You are also responsible for ensuring that all persons who access our App through your internet connection are aware of these terms, and that they comply with them.
17.2 The App is for your non-commercial use only.
17.3 Commentary and other materials posted on our App are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our App, or by anyone who may be informed of any of its contents.
20.1 As the parent or legal guardian, you are responsible for monitoring your child's access to or use of the App, services provided through the App, as well as any communications made or received by your child on or thorough the App. You are also responsible for the use of your account by your children or others.
20.2 Some content may be objectionable for some users. Please consider what is appropriate for your child and check any content ratings or descriptions where available before you purchase any Audiobooks or permit your child to do so. You may also be able to set other restrictions for your child's account settings, including control of communication features and online accessibility.
22. The information and Audiobooks included in or available through our App may include inaccuracies or typographical errors. Changes are periodically added to the information contained in the App. Bookabees may make improvements and or changes to our App at any time. Advice received via our App should not be relied upon for personal, medical, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation.
22.1 Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury), we are not legally responsible for any:
(a) losses that:
(i) were not foreseeable to you and us when this contract was formed; or
(ii) that were not caused by any breach on our part;
(b) business losses; and
(c) losses to non-consumers.
23.1 Content means any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of this App, including any such content uploaded by you.
23.2 This App and all intellectual property rights in it including but not limited to any Content are owned by us. Intellectual property rights means rights such as: copyright, trademarks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind whether or not they are registered or unregistered (anywhere in the world). We reserve all of our rights in any intellectual property in connection with these Terms. This means, for example, that we remain owners of them and free to use them as we see fit.
23.3 Nothing in these terms and conditions grants you any legal rights in the App other than as necessary to enable you to access the App. You agree not to adjust to try to circumvent or delete any notices contained on the App (including any intellectual property notices) and in particular in any digital rights or other security technology embedded or contained within the App.
23.4 The use of any trade marks on the App is strictly prohibited unless you have our prior written permission.
24.1 Whenever you make use of a feature that allows you to upload material to our App, or to make contact with other users of our App, you must comply with the content standards stated above. You warrant that any such contribution does comply with those standards, and you indemnify us for any breach of that warranty.
24.2 While we try to make sure that the App is secure, we cannot guarantee the security of any information that you supply to us and therefore we cannot guarantee that it will be kept confidential. For that reason, you should not let us have any patentable ideas or patent applications, advertising or marketing suggestions, prototypes, or any other information that you regard as confidential, commercially sensitive or valuable ("Unwanted Submissions"). While we value your feedback, you agree not to submit any Unwanted Submissions.
24.3 Any material you upload to our App will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our App constitutes a violation of their intellectual property rights, or of their right to privacy. We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our App. We have the right to remove any material or posting you make on our App if, in our opinion, such material does not comply with the content standards stated above.
25.1 The App may contain hyperlinks or references to third party Websites other than the App. Any such hyperlinks or references are provided for your convenience only. We have no control over third party App and accept no legal responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third party App does not mean that we endorse that third party's App or services. Your use of a third party site may be governed by the terms and conditions of that third party site.
26.1 We shall have no liability to you for any breach of these terms and conditions caused by any event or circumstance beyond our reasonable control including, but not limited to, strikes, lock-outs or other industrial disputes; breakdown of systems or network access; or flood, fire, explosion or accident.
27.1 No one other than a party to this contract has any right to enforce any of the terms of this contract.
28.1 No changes to this contract are valid or have any effect unless agreed by us in writing. We reserve the right to vary the terms of this contract from time to time. Our updated terms will be displayed on the App and by continuing to use and access the App following such changes, you agree to be bound by any variation made by us. It is your responsibility to check the terms and conditions from time to time to verify such variations.
29.1 We will try to resolve any disputes with you quickly and efficiently. If you are unhappy with us please contact us as soon as possible.
29.2 If you and we cannot resolve a dispute using our complaint handling procedure, we will let you know that we cannot settle the dispute with you.
29.3 If you want to take court proceedings, the relevant courts of the United Kingdom will have exclusive jurisdiction in relation to these terms and conditions.