Terms & conditions
1. About the Terms and Age Restrictions
Thank you for choosing us!
By using the Pickatale service, which includes the app, the website or the applications (“Pickatale”), and by purchasing products or services from us, you enter into a binding agreement with Pickatale AS.
Pickatale is a subscription service, where the user is given access to a reading and audiobook app for children.
Once you have entered into an agreement with Pickatale AS, you will be able to access Pickatale through your subscription. Subscriptions vary in price and content. For more information about your subscription, go to “My Page” on the Pickatale website. If you purchased your subscription from Google Play or the App Store, you will find information about your subscription there.
To use Pickatale you must:
(a) be aged 18 or over, or have your parent or guardian enter into this agreement on your behalf; and
(b) have the legal capacity to enter into a binding agreement with us and not be prevented from doing so in accordance with applicable laws.
All information you register with Pickatale must be accurate and complete. We ask that you keep your information up to date if any changes occur.
2. Changes to the Terms
Occasionally, we may make changes to Pickatale, the Terms. Such notification will be given by the registered email address. We will notify you of such changes. By continuing to use Pickatale after the changes, you accept the changes.
3. Registration and Security
We do not collect or record personal information about children under the age of 18. For children under 18, a parent or guardian must register the user account in their own name, create a nickname and select an avatar for the child (a “Child Account”).
One subscription can have up to 4 users.
Unless you enter into this agreement as a parent or guardian for a child under the age of 18 or create a Child Account, you are not allowed to:
- share your login information with another person.
- pretend to be another person to become a Customer or use Pickatale.
- let third parties use your login information.
You agree that you are solely responsible for maintaining the confidentiality and security of your Pickatale account and Registration Information and for all activities that occur with your Pickatale account that are under your control. Please inform us at email@example.com if you suspect that someone has attempted to log in to your account, or you find unusual activity, including loss, theft or disclosure of your password or credit card information to others.
You are responsible for all use and activity through your Pickatale subscription. We reserve the right to deactivate or close your Pickatale account and refuse you future use of Pickatale if:
– we learn or suspect that you have provided us with false, abusive, misleading information, or information that is not permitted under these Terms.
– you or anyone else uses your Pickatale account to participate in any activity that violates these Terms or participate in activities that are otherwise incorrect or illegal.
The procedure for registering varies depending on the age of the user:
Users who are of adult age (age 18 and over):
If you are 18 years in the UK, you can register and become a Customer yourself or on behalf of your child (as set out below) by providing the Registration Information and following the instructions during the registration process.
Users under adult age (age 18):
If you are under the age of 18 in the UK, your parents or guardian must create a Child Account for you.
4. Right of Use
Pickatale and all content offered through Pickatale (images, drawings, text, software, technology, etc.) belong to Pickatale AS or our licensors. Through the subscription to Pickatale, we grant you a limited right to non-commercial use of Pickatale’s content. You have no intellectual property rights in, or to, Pickatale other than the right to use them in accordance with these Terms. The right of use is valid as long as you have an agreement with us (these Terms). You may not share or transfer Pickatale, or the content, in whole or in part, to any other party other than set out in these Terms.
All Pickatale’s features, trademarks, logos, domain names and other features of the Pickatale brand belong to Pickatale AS. Pickatale AS and / or its licensors reserve all rights in Pickatale that are not specifically licensed under these Terms. Except as permitted by these Terms, you may not copy, modify, reproduce, publish, distribute, display or transmit all or any part of Pickatale or the content for any commercial, non-commercial or public purpose.
You must comply with our Terms at all times and abstain from using Pickatale (including, but not limited to, content) in violation of the Terms. You have the right to use the software included with Pickatale under these Terms.
5. Third Party Applications
Where Pickatale 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.
By accepting the Terms, you grant us the right to use your device, including processor, bandwidth and storage hardware, to facilitate the operation of the service. For some functions Pickatale requires access to the Internet. Network connectivity can affect quality, speed and ease of use. Pickatale assumes no liability for this, including payment for such Internet access.
7. Rules of use
To ensure that Pickatale and use of Pickatale are fun for everyone, we have established some rules of use:
We respect intellectual property rights, such as copyright and trademark rights. You must do the same. This means that it is forbidden to:
(a) copy, reproduce, record or disclose any portion of Pickatale or any content provided to you through Pickatale, or any other use of Pickatale that is not expressly permitted under these Terms;
(b) use Pickatale to import or copy local files that you are not legally entitled to import or copy in this way;
(c) reconstruct, decompile, disassemble, modify or create derivative works based on Pickatale or any part thereof;
(d) circumvent technology that we, our licensors, or any third party use to protect content available through Pickatale;
(e) circumvent any restrictions on the availability of Pickatale in a particular country or jurisdiction;
(f) remove or modify any copyright or other intellectual property rights notices in Pickatale;
(g) give your password to another person or use another Customer’s username and password;
(h) collect or harvest any information or data from Pickatale or our systems or attempt to decipher any transmissions to or from the servers running any service; or
(i) not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of Pickatale nor attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are necessary to decompile Pickatale to obtain the information necessary to create an independent program that can be operated with Pickatale or with another program (the “Permitted Objective”), and provided that the information obtained by you during such activities:
- is not disclosed or communicated without Pickatale’s prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective; and
- is not used to create any software that is substantially similar in its expression to Pickatale;
- is kept secure; and
- is used only for the Permitted Objective;
Please respect Pickatale and other users of Pickatale. It is prohibited to participate in any activity at Pickatale that:
(a) is offensive, defamatory, pornographic, obscene or otherwise objectionable in Pickatale AS’s reasonable opinion;
(b) is unlawful, or is intended to promote or commit any unlawful act, including, but not limited to, infringement of intellectual property, privacy or other proprietary rights of Pickatale AS or any third party;
(c) contains personal information from third parties or is intended to require such personal information;
(d) harasses or bullies other members;
(e) mimics another user, person or entity, or is otherwise dishonest or fraudulent;
(f) promotes commercial products or services;
(g) violates these Terms;
(h) is fraudulent or malicious, for example by hacking into or inserting malicious code, such as viruses, or harmful data, into Pickatale or any operating system;
(i) could damage, disable, overburden, impair or compromise our systems or security or interfere with other Customers; or
If Pickatale AS believes in its absolute discretion that you have violated any of these rules of use or the other Terms, Pickatale AS may terminate your account.
8. Technical Limitations and Modifications
We will make efforts to keep Pickatale operational. However, technical problems or maintenance may occur from time to time, causing temporary interference. We reserve the right to change or suspend, temporarily or permanently, features in Pickatale. This can happen either with or without notice, and we are not liable to you for any cancellation, alteration or cancellation of Pickatale or any part thereof in connection therewith, in addition to the paid remaining subscription amount. We are under no obligation to maintain, support, upgrade or update Pickatale, and its content.
9. Payment, Cancellation and Right to Withdrawal
If you live in the United Kingdom or in a member country of the EEA and have purchased a subscription, you are normally entitled to withdraw and receive a full refund within fourteen (14) days of purchase (“Right of Cancellation”). This does not apply when downloading software after purchasing a subscription, cf. Section 22 n of the Right of Cancellation Act.
The subscription is ongoing and can be cancelled. Cancellation takes place with effect from the end of the paid subscription period.
If you have purchased a subscription from Pickatale, you can cancel the subscription by sending an email to firstname.lastname@example.org.
We are not responsible for the subscription purchased through Google Play or AppStore. If you purchased your subscription through Google Play or AppStore, their terms apply.
We reserve the right to change the price of the subscriptions. In case of any price changes, we will notify you by the registered email address. Price changes for subscriptions will take effect at the beginning of the next subscription period, but in no event with shorter notice than 30 days. For example, if your subscription runs for periods of one month at a time and we want to notify you of a price change on April 1, the new price will apply from May 1.
By continuing to use Pickatale after the price change takes effect, you agree to the new price.
Some payment methods may be subject to fees from the payment service provider beyond Pickatale’s control, and we are not responsible for this. Our payment processing partners may have their own terms and conditions, which you should read and accept before making a payment.
10. Terms of Termination
In the event of suspected or documented unauthorized use of your Pickatale subscription, or if you do not comply with these Terms, we may terminate your agreement with us, or suspend your access to Pickatale at reasonable notice, at Pickatale AS’s absolute discretion. You will find your subscription period on “My Page”.
If we end your rights to use Pickatale:
- You must stop all activities authorised by these Terms, including your use Pickatale.
- You must delete or remove Pickatale from all devices in your possession and cancel your Pickatale subscription.
- We may remotely access your devices and remove the Pickatale app from them and cease providing you with access to Pickatale.
To learn how to cancel Pickatale, see section 9 above.
To the extent permitted by Norwegian law, we are not responsible for termination of the agreement or if we suspend your access to Pickatale. This means, among other things, that we do not give a refund.
11. No guarantees
Although we try our best to provide the service, Pickatale is delivered “as is” without explicit or indirect guarantees of any kind, unless otherwise provided by Norwegian law. You are solely responsible for your use of Pickatale. We are not responsible for Third Party Applications and / or their content.
Pickatale is not responsible for transactions between you and third parties, such as App Store or Google Play.
12. Limitation of Liability
In the event of any defects or delays in Pickatale, or any other breach on our part, you have the right to uninstall Pickatale software and cancel the subscription in accordance with section 9 and to stop using Pickatale, third-party applications or third-party application content. We are not responsible for any indirect losses. This only applies to the extent permitted by Norwegian law.
We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or our failing to use reasonable care and skill, but 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 you accepted these terms, both we and you knew it might happen.
When we are liable for damage to your property. If defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
Limitations to Pickatale. Pickatale are provided for general information and entertainment purposes only. They do not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from Pickatale. Although we make reasonable efforts to update the information provided by Pickatale, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.
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 or for fraud or fraudulent misrepresentation.
Pickatale is for domestic and private use. If you use Pickatale for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Please back-up content and data used with Pickatale. We recommend that you back up any content and data used in connection with Pickatale, to protect yourself in case of problems with Pickatale.
Check that Pickatale are suitable for you. Pickatale have not been developed to meet your individual requirements. Please check that the facilities and functions of Pickatale (as described on App Store or Google Play, or in any other descriptions provided) meet your requirements.
We are not responsible for events outside our control. If our provision of or support for Pickatale is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to end your contract with us and receive a refund for any services you have paid for but not received.
We do not guarantee that our website will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform to access our website. You should use your own virus protection software.
You must not misuse our website 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 website, the server on which our website is stored or any server, computer or database connected to our website. You must not attack our website via a denial-of-service attack or a distributed 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 website will cease immediately.
13. Entire Agreement
These Terms constitute the entire agreement between you and us and supersede any prior agreements. Occasionally, we may offer you the opportunity to participate in contests and surveys (“Special Promotions”) through Pickatale. Special Promotions may be subject to separate terms and conditions, to be provided when the opportunity for the Special Promotion arises.
These Terms do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 or otherwise to enforce any of these Terms.
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.
Even if we delay in enforcing this contract, we can still enforce it later. 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.
15. Choice of Law and Jurisdiction
The agreement is governed by Norwegian law and can be dealt with at the Pickatale AS’ venue in Oslo, Norway.
16. Contact details
+47 480 47 980
Org.No: 999 638 058
We hope you like Pickatale.
Copyright © 2019 Pickatale AS. All rights reserved.