Introduction
Welcome! This App is published by or on behalf of Jungle Frog LDA; a company registered in Madeira Portugal with tax identification number 516233564 whose registered office at Startup Madeira EV 142, Campus da Penteada, 9020-105 Funchal, Portugal.
By downloading or otherwise accessing the App, you agree to be bound by the following terms and conditions (“Terms“) and our privacy policy. If you have any queries about the App or these Terms, you can contact us by any of the means set out in the contact us section of these terms. If you do not agree with these terms, you must stop using the App immediately.
General
The App is made available for your personal use. The App must not be used for any commercial purpose or for any illegal or unauthorised purpose. When you use the App you must comply with all applicable Portuguese laws and with any applicable international laws, including the local laws in your country of residence (together referred to as “Applicable Laws”).
You agree that when using the App you will comply with all Applicable Laws and these Terms. In particular, but not limited to, you agree not to:
(a) Use the App in any unlawful manner or in a manner which promotes or encourages illegal activity including (without limitation) copyright infringement; or
(b) Attempt to gain unauthorised access to the App or any networks, servers or computer systems connected to the App; or
(c) Modify, adapt, translate or reverse engineer any part of the App or re-format or frame any portion of the pages comprising the App, save to the extent expressly permitted by these Terms or by law.
Content
The copyright in all material contained on, in, or available through the App including all information, data, text, music, sound, photographs, graphics and video messages, the selection and arrangement thereof, and all source code, software compilations and other material (“Material“) is owned by or licensed to Jungle Frog or its group companies. All rights are reserved. You cannot otherwise copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit, disseminate in any form whatsoever or use the Material without Jungle Frog’s express permission.
The trademarks, service marks, and logos (“Trade Marks“) contained on or in the App are owned by Jungle Frog or its group companies or third party partners of Jungle Frog. You cannot use, copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit or disseminate the Trade Marks without the prior written consent of Jungle Frog or the relevant group company or the relevant third party partner of Jungle Frog.
Payment Processing
Payment processing services for Parents, Students, and Tutors on Jungle Frog are provided by Apple, Inc or Google, Inc, collectively the (“App Stores”) and are subject to the App Stores Agreements. By agreeing to these terms or continuing to operate as a user on the App, you agree to be bound by the App Store Agreements.
Jungle Frog’s Rights & Responsibilities
We do not guarantee that the App will always be available or be uninterrupted, timely, secure or free from bugs, viruses, errors or omissions.
For example, there may be times when the App is unavailable due to maintenance or technical problems. We may also change, suspend or discontinue certain the App without giving you prior notice.
We will not be responsible for third party content that we host or display on the App such as third party games or advertising.
We will not be liable for any loss, damage or upset that you suffer as a consequence of any event disseminating from the App becoming temporarily or permanently unavailable.
We (and any third party content provider, or their respective agent), are not responsible for the following types of loss or damage which may arise from your use of the App:
- temporary, intermittent or permanent connection loss;
- damage to your computer system or loss of data (whether due to a virus or other malicious software or not), except where this is caused by us not using reasonable care and skill;
- loss, damage or upset that you suffer as a consequence of the actions of another user;
- loss or damage which is caused by us when it does not comply with the Terms but which we and you could not anticipate nor expect to happen when you started using the App;
- any loss which is indirect or a side effect of the main loss or damage and which we and you could not anticipate nor expect to happen when you started using the App, for instance if you lose revenue or salary, profit, opportunity or reputation; and
- any loss or damage if the App is not provided to you or are interrupted or suspended or if we do not comply with the Terms because of events beyond our control, such as an act of God, accident, fire, lockout, strike or other official or unofficial labour dispute, civil commotion or other act or event beyond our reasonable control.
- Nothing in the Terms excludes or limits our liability for death or personal injury caused by negligence, or for fraud.
The App is provided on an 'as is' and 'as available' basis. We do not make any representation, guarantee or promise in respect of the App, including, without limitation, any statements made by other users, third parties and/ or advertisers on or via the Services. We may change the App at any time at our discretion. We may also make different features or promotions in our App available to different users so your experience of using the App may not be identical to other users.
We will take reasonable steps to ensure that our App is free from viruses and other malicious software but we also recommend you use applicable anti-virus software as relevant.
User Responsibilities
As defined at the end of this document, a “User“ means a person who uses our platform (whether or not registered with us).
Users are responsible for their own security in conjunction with our services, both online and offline.
Users are solely responsible for the material they post on the App, including messages sent, and must not post defamatory, offensive or illegal material.
Users must immediately report any defamatory, offensive or illegal material they view on our App.
Users must exercise their own judgement regarding the accuracy of information provided on the App. Jungle Frog cannot guarantee that all of the content on the App is complete, accurate or up-to-date.
Users are responsible for their own internet security when using the App.
Users must contact Jungle Frog immediately if they believe their password has been compromised.
Users will be responsible for the actions of any interactions conducted in their name until they have notified Jungle Frog.
Users must not use the site with the intention of disintermediating Jungle Frog in any way.
Users must not use the website with the intention of disintermediating Jungle Frog in any way.
Users must not promote opportunities or services of any company other than Jungle Frog.
Users agree to abide by the Privacy Policy provided by Jungle Frog.
Any User who fails to meet these terms and conditions may be barred from using the App and related services.
The App is not directed at children. For the App you may need to register and should be at least 13 or over to do so.
If you help a User who is under 13 to register for or otherwise use any App you assume full liability for any consequences and that, under no circumstances including, but not limited to, negligence, neither we nor any third party content provider nor their respective agents shall be liable for any direct, indirect, incidental, special or consequential damages arising out of such use.
Third Party Content, Advertising and Websites
On some pages you may see links to third party websites, advertising or content provided by third parties. These links are provided by third parties and not by us. We do not endorse any third party website or content which is linked from our App. Subject to applicable law or regulation, we are not responsible or liable for anything that happens to you or your data when you visit these third party websites or use third party content. If you visit any third party website, please be aware that it may have its own terms of use, licence agreement and privacy policy which you will need to be aware of.
On some pages you may see advertising content provided by third parties. We do not control the advertisements that are placed via our App. Please report any advert that you find offensive or inappropriate to info@junglefrog.com and we will investigate the matter.
If you click on any advert, you will be dealing with external companies responsible for that advert. We are not responsible or liable for anything that happens to you when you visit these third party websites or use third party content. If you visit any third party website, please be aware that it may have its own terms of use, licence agreement and privacy policy which you will need to be aware of.
Intellectual Property
All of the content and information contained in the App are owned or licensed by Jungle Frog and are protected by intellectual property rights. Examples include, but are not limited to: source and object code, trademarks, logos, graphics, photographs, videos, animations, copyrightable gameplay and texts. In particular, any names, title, logos and designs that contain Jungle Frog are exclusively owned by us.
You are not allowed to use the App or any of the content or information they contain, or may contain, in any way unless expressly allowed under these Terms or expressly permitted by us. You may not reverse engineer, decompile, disassemble or modify the App in any way.
You acknowledge that the App may allow you to create your own personalised username and avatar and may also allow you to communicate with other users and post messages, images, text and other material ("User Content") which can be seen by others.
By posting or making available any User Content through our App, or by sending any User Content to us, you agree that you have the right and all necessary approvals to use such User Content and that we can use, change or adapt it in any media without any payment or obligation to you or anyone else. You further agree that the availability or publishing of any such User Content as part of our App will not cause us to infringe the rights of any third party or to be in breach of any applicable law or regulation. Please therefore make sure you do not post any content which may infringe any third party rights. We may need to remove any potentially infringing content without notice. You agree to compensate us for any losses we suffer as a direct result of any breach by you of any of the promises made by you in this paragraph.
Disclaimers and Limitation of Liability
Nothing in this agreement in any way limits or excludes our liability for negligence causing death or personal injury or for anything which may not legally be excluded or limited.
You must give us a reasonable opportunity to remedy any matter for which we are potentially liable before you incur any costs remedying the matter yourself.
If you are a User, we shall not be liable for any loss or damage caused by us or our employees or agents in circumstances where:
- there is no breach of a legal duty of care owed to you by us or by any of our employees or agents;
- such loss or damage was not reasonably foreseeable by both parties;
- such loss or damage is caused by you, for example by not complying with this agreement;
If you are a User, you will be liable for any reasonably foreseeable loss or damage we suffer arising from your breach of this agreement or misuse of our App (subject of course to our obligation to mitigate any losses).
The following clauses apply only if you are not a Consumer:
To the extent allowed by law, you and we exclude all terms, whether imposed by statute or by law or otherwise, that are not expressly stated in this agreement. In this clause, any reference to us includes our employees and agents.
Our liability of any kind (including our own negligence) with respect to our App for any one event or series of related events is limited to £100.
In no event (including our own negligence) will we be liable for any:
- economic losses (including, without limit, loss of revenues, profits, contracts, business or anticipated savings);
- loss of goodwill or reputation;
- special, indirect or consequential losses; or
- damage to or loss of data (even if we have been advised of the possibility of such losses).
This agreement constitutes the entire agreement between us with respect to its subject matter and supercedes any previous communications or agreements between us. We both acknowledge that there have been no misrepresentations and that neither of us has relied on any pre-contractual statements. Liability for misrepresentation (excluding fraudulent misrepresentation) relating to the terms of this agreement is excluded.
Changes to the terms and conditions
You will be bound by the revised agreement, if you continue to use our App or the Services following the effective date shown.
Governing Law & Jurisdiction
These terms and conditions shall be governed by English law and any disputes will be decided only by the courts of the United Kingdom.
If any clause or part of these terms and conditions are found to be unenforceable in law, the other terms and conditions will remain in force.
Welcome! This App is published by or on behalf of Jungle Frog LDA; a company registered in Madeira Portugal with tax identification number 516233564 whose registered office at Startup Madeira EV 142, Campus da Penteada, 9020-105 Funchal, Portugal.
By downloading or otherwise accessing the App, you agree to be bound by the following terms and conditions (“Terms“) and our privacy policy. If you have any queries about the App or these Terms, you can contact us by any of the means set out in the contact us section of these terms. If you do not agree with these terms, you must stop using the App immediately.
General
The App is made available for your personal use. The App must not be used for any commercial purpose or for any illegal or unauthorised purpose. When you use the App you must comply with all applicable Portuguese laws and with any applicable international laws, including the local laws in your country of residence (together referred to as “Applicable Laws”).
You agree that when using the App you will comply with all Applicable Laws and these Terms. In particular, but not limited to, you agree not to:
(a) Use the App in any unlawful manner or in a manner which promotes or encourages illegal activity including (without limitation) copyright infringement; or
(b) Attempt to gain unauthorised access to the App or any networks, servers or computer systems connected to the App; or
(c) Modify, adapt, translate or reverse engineer any part of the App or re-format or frame any portion of the pages comprising the App, save to the extent expressly permitted by these Terms or by law.
Content
The copyright in all material contained on, in, or available through the App including all information, data, text, music, sound, photographs, graphics and video messages, the selection and arrangement thereof, and all source code, software compilations and other material (“Material“) is owned by or licensed to Jungle Frog or its group companies. All rights are reserved. You cannot otherwise copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit, disseminate in any form whatsoever or use the Material without Jungle Frog’s express permission.
The trademarks, service marks, and logos (“Trade Marks“) contained on or in the App are owned by Jungle Frog or its group companies or third party partners of Jungle Frog. You cannot use, copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit or disseminate the Trade Marks without the prior written consent of Jungle Frog or the relevant group company or the relevant third party partner of Jungle Frog.
Payment Processing
Payment processing services for Parents, Students, and Tutors on Jungle Frog are provided by Apple, Inc or Google, Inc, collectively the (“App Stores”) and are subject to the App Stores Agreements. By agreeing to these terms or continuing to operate as a user on the App, you agree to be bound by the App Store Agreements.
Jungle Frog’s Rights & Responsibilities
We do not guarantee that the App will always be available or be uninterrupted, timely, secure or free from bugs, viruses, errors or omissions.
For example, there may be times when the App is unavailable due to maintenance or technical problems. We may also change, suspend or discontinue certain the App without giving you prior notice.
We will not be responsible for third party content that we host or display on the App such as third party games or advertising.
We will not be liable for any loss, damage or upset that you suffer as a consequence of any event disseminating from the App becoming temporarily or permanently unavailable.
We (and any third party content provider, or their respective agent), are not responsible for the following types of loss or damage which may arise from your use of the App:
- temporary, intermittent or permanent connection loss;
- damage to your computer system or loss of data (whether due to a virus or other malicious software or not), except where this is caused by us not using reasonable care and skill;
- loss, damage or upset that you suffer as a consequence of the actions of another user;
- loss or damage which is caused by us when it does not comply with the Terms but which we and you could not anticipate nor expect to happen when you started using the App;
- any loss which is indirect or a side effect of the main loss or damage and which we and you could not anticipate nor expect to happen when you started using the App, for instance if you lose revenue or salary, profit, opportunity or reputation; and
- any loss or damage if the App is not provided to you or are interrupted or suspended or if we do not comply with the Terms because of events beyond our control, such as an act of God, accident, fire, lockout, strike or other official or unofficial labour dispute, civil commotion or other act or event beyond our reasonable control.
- Nothing in the Terms excludes or limits our liability for death or personal injury caused by negligence, or for fraud.
The App is provided on an 'as is' and 'as available' basis. We do not make any representation, guarantee or promise in respect of the App, including, without limitation, any statements made by other users, third parties and/ or advertisers on or via the Services. We may change the App at any time at our discretion. We may also make different features or promotions in our App available to different users so your experience of using the App may not be identical to other users.
We will take reasonable steps to ensure that our App is free from viruses and other malicious software but we also recommend you use applicable anti-virus software as relevant.
User Responsibilities
As defined at the end of this document, a “User“ means a person who uses our platform (whether or not registered with us).
Users are responsible for their own security in conjunction with our services, both online and offline.
Users are solely responsible for the material they post on the App, including messages sent, and must not post defamatory, offensive or illegal material.
Users must immediately report any defamatory, offensive or illegal material they view on our App.
Users must exercise their own judgement regarding the accuracy of information provided on the App. Jungle Frog cannot guarantee that all of the content on the App is complete, accurate or up-to-date.
Users are responsible for their own internet security when using the App.
Users must contact Jungle Frog immediately if they believe their password has been compromised.
Users will be responsible for the actions of any interactions conducted in their name until they have notified Jungle Frog.
Users must not use the site with the intention of disintermediating Jungle Frog in any way.
Users must not use the website with the intention of disintermediating Jungle Frog in any way.
Users must not promote opportunities or services of any company other than Jungle Frog.
Users agree to abide by the Privacy Policy provided by Jungle Frog.
Any User who fails to meet these terms and conditions may be barred from using the App and related services.
The App is not directed at children. For the App you may need to register and should be at least 13 or over to do so.
If you help a User who is under 13 to register for or otherwise use any App you assume full liability for any consequences and that, under no circumstances including, but not limited to, negligence, neither we nor any third party content provider nor their respective agents shall be liable for any direct, indirect, incidental, special or consequential damages arising out of such use.
Third Party Content, Advertising and Websites
On some pages you may see links to third party websites, advertising or content provided by third parties. These links are provided by third parties and not by us. We do not endorse any third party website or content which is linked from our App. Subject to applicable law or regulation, we are not responsible or liable for anything that happens to you or your data when you visit these third party websites or use third party content. If you visit any third party website, please be aware that it may have its own terms of use, licence agreement and privacy policy which you will need to be aware of.
On some pages you may see advertising content provided by third parties. We do not control the advertisements that are placed via our App. Please report any advert that you find offensive or inappropriate to info@junglefrog.com and we will investigate the matter.
If you click on any advert, you will be dealing with external companies responsible for that advert. We are not responsible or liable for anything that happens to you when you visit these third party websites or use third party content. If you visit any third party website, please be aware that it may have its own terms of use, licence agreement and privacy policy which you will need to be aware of.
Intellectual Property
All of the content and information contained in the App are owned or licensed by Jungle Frog and are protected by intellectual property rights. Examples include, but are not limited to: source and object code, trademarks, logos, graphics, photographs, videos, animations, copyrightable gameplay and texts. In particular, any names, title, logos and designs that contain Jungle Frog are exclusively owned by us.
You are not allowed to use the App or any of the content or information they contain, or may contain, in any way unless expressly allowed under these Terms or expressly permitted by us. You may not reverse engineer, decompile, disassemble or modify the App in any way.
You acknowledge that the App may allow you to create your own personalised username and avatar and may also allow you to communicate with other users and post messages, images, text and other material ("User Content") which can be seen by others.
By posting or making available any User Content through our App, or by sending any User Content to us, you agree that you have the right and all necessary approvals to use such User Content and that we can use, change or adapt it in any media without any payment or obligation to you or anyone else. You further agree that the availability or publishing of any such User Content as part of our App will not cause us to infringe the rights of any third party or to be in breach of any applicable law or regulation. Please therefore make sure you do not post any content which may infringe any third party rights. We may need to remove any potentially infringing content without notice. You agree to compensate us for any losses we suffer as a direct result of any breach by you of any of the promises made by you in this paragraph.
Disclaimers and Limitation of Liability
Nothing in this agreement in any way limits or excludes our liability for negligence causing death or personal injury or for anything which may not legally be excluded or limited.
You must give us a reasonable opportunity to remedy any matter for which we are potentially liable before you incur any costs remedying the matter yourself.
If you are a User, we shall not be liable for any loss or damage caused by us or our employees or agents in circumstances where:
- there is no breach of a legal duty of care owed to you by us or by any of our employees or agents;
- such loss or damage was not reasonably foreseeable by both parties;
- such loss or damage is caused by you, for example by not complying with this agreement;
If you are a User, you will be liable for any reasonably foreseeable loss or damage we suffer arising from your breach of this agreement or misuse of our App (subject of course to our obligation to mitigate any losses).
The following clauses apply only if you are not a Consumer:
To the extent allowed by law, you and we exclude all terms, whether imposed by statute or by law or otherwise, that are not expressly stated in this agreement. In this clause, any reference to us includes our employees and agents.
Our liability of any kind (including our own negligence) with respect to our App for any one event or series of related events is limited to £100.
In no event (including our own negligence) will we be liable for any:
- economic losses (including, without limit, loss of revenues, profits, contracts, business or anticipated savings);
- loss of goodwill or reputation;
- special, indirect or consequential losses; or
- damage to or loss of data (even if we have been advised of the possibility of such losses).
This agreement constitutes the entire agreement between us with respect to its subject matter and supercedes any previous communications or agreements between us. We both acknowledge that there have been no misrepresentations and that neither of us has relied on any pre-contractual statements. Liability for misrepresentation (excluding fraudulent misrepresentation) relating to the terms of this agreement is excluded.
Changes to the terms and conditions
You will be bound by the revised agreement, if you continue to use our App or the Services following the effective date shown.
Governing Law & Jurisdiction
These terms and conditions shall be governed by English law and any disputes will be decided only by the courts of the United Kingdom.
If any clause or part of these terms and conditions are found to be unenforceable in law, the other terms and conditions will remain in force.
