Version number: 2.0.1
Effective date: 20 May 2020

1.

Introduction

1.1

We are Fen Research Limited. Our company information is at the end of this document.

2.

Some definitions

2.1

Here are some definitions which are used in this document (all capitalised):

a)

“App” – the Iona’s Toybox mobile application.

b)

“Content” - all information of whatever kind used on or sent via our Service.

c)

“Service” – our App and any related services.

d)

“Store” – the app distributor from which you download the App (e.g. App Store, Google Play Store, Steam).

e)

“Store Rules” – any applicable rules, policies or terms of the relevant Store.

f)

“User” - persons using our Service.

g)

“Website” – www.ionastoybox.com

3.

What this is all about – introduction to our terms and conditions

3.1

These terms and conditions are an “end user licence agreement” between you and us (not the Store) in relation to our App, i.e. setting out how we allow you to use our App. You also agree to be legally bound by the Store Rules.

4.

Changing our terms and conditions

4.1

We may change these terms and conditions by posting the new version on our Website. Please check our Website from time to time. You shall be bound by the revised agreement if you continue to use our Service following the effective date shown. If have a subscription to our Service and you don’t agree to the changes, you should end your subscription before the effective date of the revised terms and conditions by following the instructions on our Service.

5.

Forming a contract with us

5.1

By downloading our App, you enter into a legal contract with us.

6.

Right to cancel (“cooling off”)

6.1

You have the right to cancel this contract subject to the provisions set out below. However, you lose the right to cancel where the supply of digital content began before the end of cancellation period with your specific agreement and you acknowledged that your right to cancel would be lost in such case. If you do have the right to cancel, please see the instructions at the end of this document.

7.

Who can use our Service?

7.1

We grant you a limited personal non-transferable right to use our Service on any applicable device owned or controlled by you (only Apple-branded where Apple Inc is the Store) subject to these terms and conditions and, where applicable, in accordance with the Store Rules.

7.2

You can allow your child to our Service provided that you are responsible for, and appropriately supervise, your child’s use of the Service.

8.

Other peoples’ software

8.1

The App includes some software created by other people who require us to bring certain information to your attention. You can find the details here: https://www.ionastoybox.com/third_party_licenses.html

9.

Room codes

9.1

You are responsible for ensuring that any room code generated when you create a room within the App is shared only with persons you know and trust. Such codes should not be made publicly available e.g., by posting on the internet. There is a risk that an uninvited person might otherwise enter your room, for example by accidentally mis-typing their own room code. While no in-app communication or chat is possible, you nonetheless have the option of leaving and creating a new room.

10.

Acceptable use of our Service

10.1

You undertake not to do any of the following in connection with the Service:

a)

breach any applicable law, regulation or code of conduct;

b)

use the Service to provide a similar service to third parties or otherwise with a view to competing with us;

c)

use the Service for junk mail, spam, pyramid or similar or fraudulent schemes;

d)

do anything which may have the effect of disrupting the Service including denial of service attacks, worms, viruses, software bombs or mass mailings;

e)

do anything which may negatively affect other Users’ enjoyment of the Service;

f)

gain unauthorised access to any part of the Service or equipment used to provide the Service;

g)

intercept or modify communications to or from the Service;

h)

deliberately exploit any bugs found with the Service;

i)

create alternative server or client software for use in connection with the Service;

j)

circumvent any security, connection-limiting, idle-player or other features of the Service; or

k)

attempt, encourage or assist any of the above.

10.2

You undertake to:

a)

comply with any rules or requirements on our Service;

b)

promptly comply with any reasonable request or instruction by us in connection with the Service; and

c)

ensure that any contact or other information which you supply to us is accurate and not misleading and you will tell us if there are any important changes.

11.

Other peoples’ services / advertising / websites

11.1

We may display other peoples’ services, advertising and /or links to their websites. We do not recommend or endorse, nor are we legally responsible for, any of these. You use them at your own risk.

12.

Guidance

12.1

If we ourselves provide any guidance or other general information on our Service, we do not guarantee that it is accurate or up to date and we do not accept legal responsibility for it. Before acting on such information, you must make your own appropriate and careful enquiries including as to its accuracy and suitability for your purposes. You rely on such information at your own risk.

13.

Payment

13.1

While parts of our Service are available to Users free of charge, certain features may only be available to Users who subscribe. When available, subscriptions can be acquired at the prices, for the periods and by the payment methods specified on our Service. Payment is in advance. We may change which parts of our Service are available for free, and which parts require a subscription.

13.2

Where stated on our Service when you subscribed, your subscription will continue to be auto-renewed for the same subscription period which you signed up to unless you end your subscription before the renewal date by following the instructions on our Service. Ending your subscription does not entitle you to a refund. You authorise us and our payment provider to charge your payment card for the relevant amounts when payments are due in accordance with this agreement.

13.3

You must contact us immediately with full details if you dispute any payment.

14.

Discount codes

14.1

We may offer discount codes from time to time. Such codes may only be applied to purchases made through the account in respect of which the discount code was offered and registered and are not transferrable or redeemable for cash. Unless otherwise stated: codes (1) are only available for future new orders placed online; (2) cannot be used retrospectively; (3) can only be redeemed once per customer; and (4) expire after 12 months. You cannot use more than one discount code per transaction unless we state otherwise; if we do so, the order in which the codes are to be applied is in our sole discretion.

14.2

We reserve the right to reject any discount code if we consider that it is being used in breach of these terms. Discount codes are subject to any additional specific terms and conditions which are specified at the point of issue. We reserve the right to discontinue or otherwise modify any discount codes at any time without prior notice.

15.

Support

15.1

We do not supply support except to the extent specifically stated on our Service, as may be varied from time to time. You acknowledge that the Store has no obligation to supply any maintenance and support services in relation to the App.

16.

Compatibility of App

16.1

We do not guarantee that the App is or will be compatible with any particular mobile devices or associated operating systems (OS’s). You must check that the App works on your applicable device before you subscribe. You acknowledge that the supplier of the device or OS may issue an update that causes our App to stop working. We may issue App updates through the Store; if so, you may not be able to use our App properly or at all until you have downloaded the update, which may be subject to agreement to new terms and conditions. It is your responsibility to frequently monitor for App updates and to install them as soon as they become available.

17.

Functioning of our Service

17.1

We do not guarantee that the Service will be uninterrupted or error-free. We are entitled, without notice and without liability (a) to suspend the Service for repair, maintenance, improvement or other technical reason and (b) to make changes to the Service (for example, suspending all or part of the Service for commercial or legal reasons or changing the games offered on the Service).

17.2

You acknowledge that technology is not always secure and you accept the risks inherent in use of the Internet or other technology for the purpose of the Service.

18.

Ending or suspending this contract

18.1

You may at any time end this contract by uninstalling the App from all of your devices. (This doesn’t entitle you to a refund unless you have “cooling off” rights, explained above.)

18.2

We are entitled at any time (with or without notice) to end this contract or suspend part or all of our Service or impose restrictions on our Service if:

a)

we have reason to believe that you have breached our terms and conditions;

b)

any fees due to us are unpaid / unjustifiably charged back;

c)

we think that it is necessary to protect us or others;

d)

we end our Service as a whole (provided we refund the remaining portion of any active subscriptions); or

e)

we are required to do so by law or appropriate authority.

18.3

If either of us ends this contract:

a)

Your right to use our Service and all licences are terminated.

b)

Existing rights and liabilities are unaffected.

c)

All clauses in this contract which are stated or intended to continue after termination will continue to apply.

19.

Liability – restrictions on our legal responsibility (IMPORTANT)

19.1

Nothing in this agreement in any way limits or excludes our liability for negligence causing death or personal injury or for fraud or fraudulent misrepresentation or for anything which may not legally be excluded or limited. In this section, any reference to us includes our employees and agents.

19.2

Very important: We shall not be liable for any loss or damage caused by us or our employees or agents in circumstances where:

a)

there is no breach of a legal duty owed to you by us or by any of our employees or agents;

b)

such loss or damage was not reasonably foreseeable (meaning it was not an obvious consequence of our breach or not contemplated by you and us at the time we entered into this contract);

c)

such loss or damage is caused by you, for example by not complying with this agreement; or

d)

such loss or damage relates to a business of yours.

19.3

Very important: You will be liable for any reasonably foreseeable loss or damage we suffer arising from your breach of this agreement or misuse of our Service (subject of course to our obligation to mitigate any losses).

19.4

The following applies where Apple Inc is the Store:

a)

In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App (if applicable). To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our sole responsibility subject to these terms and conditions.

b)

We, not Apple, are responsible for addressing your claims or the claims of any third party relating to the App or the end-user’s possession and/or use of that App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy or similar legislation including use of HealthKit and HomeKit frameworks.

20.

Intellectual property rights (e.g. copyright)

20.1

The intellectual property rights in all material used on or in connection with our Service are owned by us or by our partners. For your personal use only, you may view such material on your device. You must not otherwise use such material including copying, publishing, selling or adapting it or taking extracts from it without our specific prior written consent. You must not misrepresent the ownership or source of such material, for example by changing or removing any legal notices or author attributions.

20.2

Just to be clear - you must not collect, scrape, harvest, frame or deep-link to any Content on our Service without our specific prior written consent.

20.3

You must not circumvent or otherwise interfere with any features that limit or prevent copying of Content or which restrict use of Content.

20.4

You must not reverse-engineer or decompile any of our software in any way (except to the extent allowed by applicable law). You must not create or use a modified or derivative version of our software or distribute or sublicense our software to third parties. You must take reasonable steps to ensure that our software is not disclosed to any third party.

20.5

In the event of any third party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, we, not the Store, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.

21.

Privacy

21.1

You acknowledge and agree that we may process your personal information in accordance with the terms of our privacy policy which is subject to change from time to time.

22.

Events outside our control

22.1

We are not liable for failure to perform or delay in performing any obligation under this agreement if the failure or delay is caused by any circumstances beyond our reasonable control including third party telecommunication failures and pandemics.

23.

Legal compliance

23.1

You promise that (i) 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 (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. (This clause is required by Apple, Inc.)

24.

Apple Inc is a “Third Party Beneficiary”

24.1

Where Apple Inc is the Store:  You acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this agreement, and that Apple will have the right (and will be deemed to have accepted the right) to enforce this agreement against you as a third party beneficiary thereof.

25.

Transfer

25.1

We may transfer all or part of our rights or duties under this agreement provided we take reasonable steps to ensure that your rights under this agreement are not prejudiced. As this agreement is personal to you, you may not transfer any of your rights or duties under it without our prior written consent.

26.

English law

26.1

This contract is under English law and any disputes will be decided only by the courts of the United Kingdom. You will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these terms and conditions affects your rights as a consumer to rely on such mandatory provisions of local law. You may be entitled to use an EU online dispute resolution service to assist with any contractual dispute you may have with us. This service can be found at https://ec.europa.eu/consumers/odr/. Our email address is at the end of this document.

27.

General but important stuff

27.1

Headings used in this agreement are for information and not binding. Any failure by either party to exercise or enforce any right or provision of this agreement does not mean this is a “waiver” (i.e. that it cannot be enforced later). If any part of this agreement is ineffective or unenforceable for any reason, the rest of the agreement shall continue to apply. A person who is not a party to this agreement shall have no rights to enforce this agreement except insofar as expressly stated otherwise. The parties are independent contractors and, except as otherwise specifically stated above, nothing in this agreement constitutes any party as agent, employee or representative of the other.

28.

Complaints

28.1

If you have any complaints, please contact us via the contact details shown below.

29.

Company information

29.1

Company name: Fen Research Limited

29.2

Country of incorporation: England and Wales.

29.3

Registered number: 07285955

29.4

Registered office and trading address: St John's Innovation Centre, Cowley Road, Cambridge CB4 0WS, UK.

29.5

Contact email address: [email protected]

29.6

VAT number: GB 997 9903 27

RIGHT TO CANCEL (“COOLING OFF”)

The following applies if you have the right to cancel this contract (as explained above):

Right to cancel

1.

You have the right to cancel this contract within 14 days without giving any reason.

2.

The cancellation period will expire after 14 days from the day of the conclusion of the contract.

3.

To exercise the right to cancel, you must inform us Fen Research Limited, St John's Innovation Centre, Cowley Road, Cambridge, CB4 0WS, UK (email address above) of your decision to cancel this contract by a clear statement (e.g. a letter sent by post or e-mail). You may use the model cancellation form below but it is not obligatory.

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.

Effects of cancellation

MODEL CANCELLATION FORM

Complete and return this form only if you wish to cancel the contract: