Terms of Use

 

Thank you for choosing The Bubble Box.

Please read these Terms of Use. By using The Bubble Box website, signing up for an account, purchasing a product or trialling a free product, you are agreeing to these Terms. This is a legal agreement.

Here is some information including definitions that should assist you in understanding this agreement. The Bubble Box (“The Bubble Box” or the “Service”) is an online music program. The service is offered through the URL TheBubbleBox.com.au (referred to as the “Website”) that allows you to access music activities for babies (a number of sessions of activities are known as a “program”). The Bubble Box is owned and operated by CellBubble Pty Ltd, a limited liability company in Australia. (“The Bubble Box,” “we,” or “us”). The Bubble Box has employees, independent contractors, and representatives (“our Team”). As a customer of the Service, you’re a “Member” according to this agreement (or “you”).

These Terms of Use (“Terms,” including our Privacy Policy and Acceptable Use Policy) define the terms and conditions under which you’re allowed to use The Bubble Box and how we’ll treat your account while you’re a Member. If you have any questions about our terms, feel free to contact us.

ACCOUNT

Eligibility

In order to use The Bubble Box, you must:

1. be at least eighteen (18) years old and able to enter into contracts;
2. be an individual – the Service is not available to corporate entities;
3. complete the registration process;
4. agree to the Terms; and
5. provide true, complete, and up to date contact information.

By using The Bubble Box, you represent and warrant that you meet all the requirements listed above, and that you won’t use The Bubble Box in a way that violates any laws or regulations. The Bubble Box may refuse service, close accounts of any users, and change eligibility requirements at any time.

Term

The Term begins when you sign up for The Bubble Box and continues as long as you use the Service. Clicking the button and entering your username means that you’ve officially “signed” the Terms. If you sign up for The Bubble Box on behalf of a company or other entity, you represent and warrant that you have the authority to accept these Terms on their behalf.

Closing Your Account

You or The Bubble Box may terminate this Agreement at any time and for any reason by giving Notice to the other party. We may suspend our Service to you at any time, with or without cause.  Once terminated, we may permanently delete your account and all the data associated with it, including your comments or any uploaded artwork/images from our Website. If you don’t log in to your account for 12 or more months, we may treat your account as “inactive” and permanently delete the account and all the data associated with it.

Changes

We may change any of the Terms by posting revised Terms of Use on our Website and/or by sending an email to the last email address you gave us. Unless you terminate your account within fourteen (14) days, the new Terms will be effective immediately and apply to any continued or new use of the Service. We may change the Website, the Service, or any features of the Service at any time.

Account and Password

You’re responsible for keeping your account name and password confidential. You’re also responsible for any account that you have access to, whether or not you authorised the use. You’ll immediately notify us of any unauthorised use of your accounts. We’re not responsible for any losses due to stolen or hacked passwords. We don’t have access to your current password, and for security reasons, we may only reset your password.

PAYMENT

Credit Cards

We use PayPal as our payment gateway to process credit card transactions. As such we don’t have access to or hold credit card details in our database.

Refunds

We’ll give you a refund for a prepaid Period if we stop providing our Services to you for a reason that’s not laid out in these Terms or our Acceptable Use Policy. You won’t be entitled to a refund from us under any other circumstances. We may offer a refund if a Member applies for one based on the requirements posted on the Website.

Changes

We may change our fees at any time by posting a new pricing structure to our Website and/or sending you a notification by email.

RIGHTS

Proprietary Rights Owned by Us

You shall respect our proprietary rights in the Website and the software used to provide The Bubble Box (proprietary rights include patents, trademarks, service marks, and copyrights). Our content (text, audio/video recordings and images) is protected by copyright and you may not make copies or distribute this content without our written consent.

Privacy Policy

We may use and disclose your information according to our Privacy Policy. Our Privacy Policy will be treated as part of these Terms.

RULES AND ABUSE

General Rules

You promise to follow these rules:

1. You access our Content as an individual and will not use our content as part of any commercial activity of your own.

2. You won’t on-sell our Content.

3. You won’t distribute our Content, other than through avenues provided by the Service, such as social media sharing.

LIABILITY

Limitation of Liability

To the maximum extent permitted by law, you assume full responsibility for any loss that results from your use of the Website and the Services, including any downloads from the Website or 3rd party content distribution service. We and our Team won’t be liable for any indirect, punitive, special, or consequential damages under any circumstances, even if they’re based on negligence or we’ve been advised of the possibility of those damages. Our total liability for all claims made about the Service in any month will be no more than what you paid us for the Service the month.

No Warranties

To the maximum extent permitted by law, we provide the material on the Website and the Service as is. That means we don’t provide warranties of any kind, either express or implied, including but not limited to warranties of merchantability and fitness for a particular purpose.

Indemnity

You agree to indemnify and hold us and our Team harmless from any losses (including legal fees) that result from any claims you make that aren’t allowed under these Terms due to a “Limitation of Liability” or other provision. You also agree to indemnify and hold us harmless from any losses (including legal fees) that result from third-party claims that you or someone using your password did something that, if true, would violate any of these Terms.

Legal Fees

If we file an action against you claiming you breached these Terms and we prevail, we’re entitled to recover reasonable legal fees and any damages or other relief we may be awarded.

Equitable Relief

If you violate these Terms then we may seek injunctive relief (meaning we may request a court order to stop you) or other equitable relief.

Disclaimers

We and our Team aren’t responsible for the behavior of any advertisers, linked websites, or other Members.

FINE PRINT

Assignments

You may not assign any of your rights under this agreement to anyone else. We may assign our rights to any other individual or entity at our discretion.

Browser Version Disclaimer

The Bubble Box website has been optimised for viewing in Chrome (v27 and above). If you are running any other browser or browser versions, you may encounter problems with certain sections of the website.

Applicable Law

The site (excluding any linked third party sites) is controlled by CellBubble Pty Ltd. By accessing this site, you accept that any disputes about this site or the Content are to be determined by the courts having jurisdiction in Queensland, Australia in accordance with the laws in force in Queensland, Australia (subject to the application of any principle of conflict of laws inconsistent with this requirement). This site may be accessed throughout Australia and overseas. CellBubble Pty Ltd makes no representation that the content of this site complies with the laws (including intellectual property laws) of any country outside Australia. If you access this site from outside Australia, you do so on your own responsibility and are responsible for ensuring compliance with all laws in the place where you are located.

Force Majeure

We won’t be held liable for any delays or failure in performance of any part of the Service, from any cause beyond our control. This includes, but is not limited to, acts of God, changes to law or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, zombie apocalypse, floods, strikes, power blackouts, volcanic action, unusually severe weather conditions, and acts of hackers or third-party internet service providers.

Survivability

Even if this Agreement is terminated, the following sections will continue to apply: Proprietary Rights Owned by Us, Proprietary Rights Owned by You, Compliance with Laws, Limitation of Liability, No Warranties, Indemnity, Choice of Law, Severability, and Entire Agreement.

Severability

If it turns out that a section of this Agreement isn’t enforceable, then that section will be removed or edited as little as necessary, and the rest of the Terms will still be valid.

No Changes in Terms at Request of Member

We can’t change these Terms for any one Member. So no changes, no exceptions.

Further Actions

You’ll provide all documents and take any actions necessary to meet your obligations under these Terms

Entire Agreement

These Terms, our Privacy Policy, Acceptable Use Policy, and any Additional Terms you’ve agreed to make up the entire agreement and supersede all prior agreements, representations, and understandings.

Thank You

Thanks for taking the time to learn about The Bubble Box’s policies.