Last updated: 27 JUL 2022
INTRODUCTION
Thanks for visiting Universikid.com and/or downloading the Universikid app (hereinafter the “Platform” or the “App” or jointly “Universikid”) by BIMBI WORLDWIDE SL (“BIMBI”, “we”, “our” or “us”). Universikid is a website platform and app that publish educational courses (the “Courses”) in different languages and allow parents and guardians (a “User” or the “Users”) to create an account (the “User Account”) to purchase the Courses (the “Purchase”) for their children, and take the courses through the website or the app (together, the “Services”).
These Terms and Conditions (the “Terms”) govern the relationship between you and BIMBI regarding your use of our Platform and App that applies to all your activities on Universikid and to your use of the Services.
Our Privacy Policy also governs your use of Universikid and our Services and explains how we collect, use, safeguard and disclose information that results from your use of our Platform. Your agreement with us includes these Terms and our Privacy Policy (“Agreements”).
BY VISITING, ACCESSING, DOWNLOADING, PURCHASING OR OTHERWISE USING OUR SERVICES YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THE AGREEMENTS, AND AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE (OR CANNOT COMPLY) WITH THE AGREEMENTS, PLEASE DO NOT ACCESS OR USE UNIVERSIKID. USE OF THE SERVICES IS VOID WHERE PROHIBITED. THESE TERMS APPLY TO ALL VISITORS, USERS, AND OTHERS WHO WISH TO ACCESS OR USE OUR PLATFORM AND/OR APP.
AMENDMENTS TO TERMS
We reserve the right to revise, update or modify at any time, from time to time and without prior notice, the Terms (the “Amendments to Terms”). Any such Amendments to Terms will be effective immediately upon being posted on the Platform. Therefore, it is your responsibility to review these Terms periodically at the Terms and Conditions area on the Platform. Your continued access to and / or use of Universikid following the posting of the Amendments to Terms shall mean your acceptance and agreement to the Terms as amended by the Amendments to Terms. If you do not agree to the Terms as amended by the Amendments to Terms, you must immediately stop accessing or otherwise using the Platform.
CHANGES AND IMPROVEMENTS TO SERVICES
We reserve the right to: (a) amend or discontinue our Services, or any part(s) thereof, including by amending, limiting or discontinuing any feature of the Services, (b) restrict access to the Services, or any part(s) thereof, to any User or Users, including registered users, at any time, in our sole discretion and without notice. We will have no liability whatsoever on account of any action taken by us pursuant to this provision.
USER ACCOUNT
To use certain features of Universikid, Users will need to create a User Account. Registered Users must be at least 18 years of age to create a User Account and to use the Services. When setting up and maintaining the User Account, the User will be asked to provide us certain information required for the registration, and to choose a username and password for use in the Services. The User must provide and continue to provide, throughout their use of Universikid and the Services, accurate, complete, and up to date information, including, but not limited to, a valid email address.
We reserve the right to remove or reclaim any usernames at any time and for any reason, including without limitation, usernames that are offensive or that violate any third party’s rights.
You have complete responsibility for your User Account, including for maintaining the confidentiality of the User Account associated credentials. You agree to accept responsibility for any and all activities or actions that occur under your User Account. This shall also apply in the event when your child accesses and uses the Services on the Platform. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your User Account. Your use of Universikid and the Services is only for your own personal and non-commercial use. You may not sell, transfer, or assign your User Account or any rights pertaining to such an account. If we suspect any actions under your User Account in contravention of this prohibition, we may seek confirmation of the User’s status or deactivate your User Account without notice and in our sole discretion.
USER CONDUCT
You may use the Platform and the Services only for lawful purposes and in accordance with the Terms.
By way of example, and not as a limitation, you agree that when using the Platform and the Services, you will not:
- engage in a conduct that in any way violates, or encourages any conduct that would or could violate, any applicable laws or regulations or would or could give rise to civil liability;
- exploit, harm, or attempt to exploit or harm minors in any way by exposing them to inappropriate content or otherwise;
- post, e-mail, transmit, or otherwise make available any unlawful, inappropriate, abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive information or engage in ongoing toxic behavior, such as, and not limited to, by repeatedly uploading, posting or e-mailing information on an unsolicited basis;
- post, e-mail, transmit or otherwise make available any information that contains nudity, excessive violence, or offensive subject matter or that contains a link to such content;
- attempt to, or harass, abuse, harm, stalk, threaten or otherwise violate the legal rights of a person or group, including BIMBI ’s employees, or advocate or incite any such conduct or behavior;
- post, e-mail, transmit or otherwise make available through the Platform and Services any material or information that infringes, misappropriates or violates a third party’s copyright, trademark, patent, trade secret, moral rights or other intellectual property rights, or rights of privacy or rights of publicity;
- upload, post, e-mail, transmit or otherwise make available through the Services any commercial messages, pyramid schemes or advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation;
- impersonate or attempt to impersonate any other person, including without limitation, BIMBI or any of it’s employees, or impersonate or misrepresent your affiliation with another person or entity;
- reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Platform and / or Services or any BIMBI ‘s property, or obtain any information from the Platform and / or Services or any of BIMBI ’s property using any method not expressly permitted by BIMBI;
- translate the Platform and / or Services, into other languages or make derivative versions;
- distribute, transfer, sublicense, lease, lend or rent the User Account to any third party;
- access or use the Platform and/or the Services for commercial or other purposes, including, but not limited to advertising or selling any goods or services;
- solicit or attempt to solicit login information or any other login credentials or personal information from other Users of the Platform and the Services or any of BIMBI ’s property;
- collect or post any person’s private information, including personally identifiable information (whether in text, image or video form), identification documents, or financial information through the Services;
- engage in a conduct that in any way infringes upon the rights of others, or that is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity;
- engage in any other conduct that restricts or interferes with anyone’s use or enjoyment of the Platform and the Services, or which, as determined by us in our sole discretion, may harm or offend BIMBI or Users of the Services or expose them to liability;
- do anything else that is not within the spirit of safe and fun education or these Terms.
Additionally, you agree not to:
- use Universikid in any manner that could disable, overburden, damage, or impair the Platform and / or Services;
- use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the material on Universikid;
- use any manual process to monitor or copy any of the material on Universikid or for any other unauthorized purpose without our prior written consent;
- use any device, software, or routine that interferes with the proper working of the Services;
- introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful;
- attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Platform and Services server on which the Platform and Services are stored, or any server, computer, or database connected to the Platform and / or Services;
- attack the Platform and/or Services via a denial-of-service attack or a distributed denial-of-service attack;
- otherwise attempt to interfere with the proper working of the Platform and/or Services.
USER CONTENT
Our Services allow you to upload, post, share, transmit or otherwise make available certain information, text, or other material, whether created solely by you or together with others (“User Content”). Between you and BIMBI, you retain copyright that you may hold in any User Content. Furthermore, you shall remain solely responsible for any User Content that you post through the Services on the Platform, including its legality, reliability, and appropriateness.
By uploading, posting, sharing, transmitting or otherwise making available any User Content through the Services, you represent and warrant that: (a) the User Content is yours (you own it) and/or you have the necessary rights, licenses, consents and permission to use it and to authorize us to exploit the license that you grant to us as provided in these Terms, (b) the posting of your User Content on or through the Services does not violate any laws, contractual restrictions or other third party rights, including without limitation the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity, (c) the User Content is free from viruses, adware, spyware, worms or other malicious code, and (d) you acknowledge and agree that any of your personal information within such User Content will at all times be processed by BIMBI in accordance with its Privacy Policy. We reserve the right to terminate the account of anyone found to be infringing on a copyright.
By submitting any User Content on Universikid and in consideration of us making available to you the opportunity to upload any User Content, you irrevocably and unconditionally grant us free of charge a non-exclusive, royalty free, sub-licensable license of the entire right, title and interest in and to such User Content so that we and any our successor may use the User Content in any way, including without limitation, the right to copy, reproduce, modify, edit, adapt, reformat, translate, create derivative works from, incorporate into other works, transmit, distribute, commercialize and otherwise make available to the public such User Content in any format or medium currently known or developed in the future for the full period during which such rights subsist (including any renewals, revivals, reversions and extensions of the same) and thereafter to the fullest extent possible in perpetuity.
BIMBI assumes no responsibility or liability for any User Content you or any third party posts on or through the Services. BIMBI does not and cannot pre-screen and / or monitor all User Content. Your use of the Services is at your own risk. By using the Services, you may be exposed to the User Content that is offensive, indecent or otherwise not in line with your expectations. You shall bear all risks associated with the use of any User Content available in connection with the Platform and its Services.
BIMBI reserves the right in its sole discretion to review, monitor, prohibit, edit, delete, disable access to or otherwise make unavailable any User Content (including without limitation your User Content) without notice for any reason or for no reason at any time. If at any time BIMBI chooses, in its sole discretion, to monitor the Services, BIMBI nonetheless assumes no responsibility or liability for any User Content and assumes no obligation to modify or remove any inappropriate User Content. BIMBI has the right, but not the obligation, in its sole discretion to edit, refuse to post, or remove any User Content.
TERMINATION OF ACCOUNTS
Without limiting any other remedies, BIMBI may:
- limit, suspend, terminate, modify or delete your User Account or access to the Platform or any part thereof, if you are, or BIMBI suspects that you are, failing to comply with the Terms or for any actual or suspected illegal or improper use of the Services, with or without notice to you. You can lose your User Account as a result of account limitation, termination or modification, as well as any Purchases associated with your use of the Platform, and BIMBI shall be under no obligation to compensate you for any such losses or results. Termination of your account can include disabling access to the Platform and the Services or any part thereof, including any content you or others submitted;
- limit, suspend or terminate User Account to access the Services or any part thereof, prohibit access to the Platform and the Services, their content, delay or remove hosted content, and take technical and legal steps to prevent users from accessing the Services if BIMBI believes that the Users are creating risk or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of these Terms or other policies. Furthermore, BIMBI may, in appropriate circumstances and in its sole discretion, suspend or terminate accounts of Users who BIMBI believes may be repeat infringers of third party intellectual property rights.
BIMBI reserves the right to stop offering and / or supporting the Paltform and / or Services or any part thereof at any time, at which point your User Account and ability to access certain areas of the Platform and the Services or a part thereof will be automatically terminated. In such event, BIMBI shall not be required to provide refunds, benefits, or other compensation to users in connection with such discontinued Services.
You may terminate your account at any time and for any reason by contacting our customer support at info@universikid.com
PRIVACY AND SERVICE PROVIDERS
Any personal information supplied by you as part of any registration process and / or other interaction with Universikid and the Services will be collected, stored, and used in accordance with our Privacy Policy. By using Universikid and our Services, you consent to such collection and processing and agree that all information provided by you will at all times be accurate and up to date.
Furthermore, we use third party services that may collect information used to identify you. We may also employ third party entities and/or individuals to facilitate our Services, provide Services on our behalf, perform Service-related services or assist us in analyzing how our Services are used (“Service Providers”). For example, we use third-party services for payment processing.
Service Providers operate under their own terms and conditions and privacy policies, so we suggest you refer to their respective websites. Any services provided to you by the Service Providers, such as for example, payment processing, and any terms and conditions, representations and warranties associated with such services are solely between you and the relevant Service Providers.
Service Providers have access to your personal information only to perform these tasks on our behalf and are under the obligation not to disclose or use it for any other purpose.
We use the services of the following Service Providers:
FEES AND PURCHASE TERMS
The prices of Universikid Courses vary and are determine based on the topic, content, duration, and the language of the Course. We may revise the prices from time to time, including due to promotions or sales that we may run periodically. The price applicable to the Course will be the price displayed at the time you complete the Purchase. You agree to pay the fees for the Purchase and us to charge your credit or debit card or process other means of payment for those fees.
We use third party services for the purpose of facilitating payment and completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy. Please refer to the terms and conditions, privacy policy and other policies of a relevant third party services provider.
BIMBI reserves the right to refuse or cancel your Purchase at any time for reasons including but not limited to: (i) product or service availability; (ii) errors in the description or price of the product, or (iii) service error in your order or other reasons. We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
The provision of the Services is a service provided by BIMBI that commences immediately upon acceptance by BIMBI of your Purchase. YOU ACKNOWLEDGE AND AGREE THAT, SUBJECT TO APPLICABLE LAW: (A) WHEN YOU MAKE A PURCHASE, THE PURCHASE WILL BE AVAILABLE TO YOU IMMEDIATELY AND AS A RESULT YOU WAIVE YOUR AUTOMATIC STATUTORY RIGHT OF WITHDRAWAL, AND (B) BIMBI IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED PURCHASES WHEN YOUR USER ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.
ALL PURCHASES AND REDEMPTIONS MADE THROUGH THE SERVICE ARE FINAL AND NON-REFUNDABLE. EXCEPT IN CASES OF BIMBI’S GROSS NEGLIGENCE, OR WILLFUL MISCONDUCT, YOU ARE FULLY LIABLE FOR ALL CHARGES TO YOUR ACCOUNT, INCLUDING ANY UNAUTHORISED CHARGES.
GIFT VOUCHERS
BIMBI may offer from time to time gift vouchers (the “Gift Vouchers”). Gift Vouchers are only redeemable for Universikid Courses in the countries where Gift Vouchers are offered to the public. You can only redeem a Gift Voucher on the Universikid website, entering the code in the appropriate field at the time of payment. You must create or have an existing and valid User Account with Universikid to redeem the Gift Voucher. Creation of the User Account and use of the Gift Voucher are subject to prior acceptance of the Terms and the Privacy Policy. You must be 18 years of age or older to create the User Account.
The entire value of the Gift Voucher will be applied to your Universikid User Account upon redemption and you will not be able to use the same Gift Voucher again.
The Gift Vouchers are not refundable (whether for cash or otherwise), except to the extent required by applicable law, and may only be redeemed for Universikid Services. During the duration of the Gift Voucher membership you may terminate your Universikid User Account at any time. Such termination will become effective after the end of the duration of the Gift Voucher. Gift Vouchers cannot be used to purchase other Gift Vouchers, and cannot be reloaded.
Title to the Gift Voucher and the risk of loss, destruction, or deterioration pass to the purchaser upon surrender of the Gift Voucher to purchaser. Universikid shall not be responsible for any Gift Vouchers that are lost, stolen, destroyed, or used without your permission. In the event a Gift Voucher is non-functional, your sole remedy will be the replacement of such Gift Voucher. You can replace such Gift Voucher either by contacting us at info@universikid.com or at any vendor who sells the Gift Vouchers. These Terms do not affect your statutory rights.
LINKS TO EXTERNAL WEBSITES
Our Services may contain links to third party web sites or services that are not owned or controlled by BIMBI.
BIMBI has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities, individuals or their websites. If you click on a linked web site, we are not responsible for such web site’s use of your data. You agree that your use of the Services may incur third party fees, such as fees charged by your carrier for data usage, and may be subject to third party terms, such as your carrier’s terms of service, and you agree to pay all such fees and abide by all such terms. By using the Services you expressly relieve us form any and all liability from your use of any third party web site or third party services.
YOU ACKNOWLEDGE AND AGREE THAT BIMBI SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH THIRD PARTY WEB SITES OR SERVICES.
WE STRONGLY ADVISE YOU TO READ THE TERMS OF SERVICE AND PRIVACY POLICIES OF ANY THIRD PARTY WEB SITES R SERVICES THAT YOU VISIT.
PLATFORM’S CONTENT
Certain Courses published on Universikid are supplied by third party authors and / contributors. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third party authors and / or contributors, including information providers, are those of the respective author(s) or contributor(s) and not of BIMBI. None of BIMBI or any third party author or contributor, including information provider, guarantees the accuracy, completeness, or usefulness of any content, nor its appropriateness for any particular purpose. It is your responsibility to evaluate the accuracy and completeness of all information, opinions and other material contained in the Courses, as well as their appropriateness for any particular purpose. BIMBI neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on Universikid by anyone other than employee spokesperson of BIMBI while acting in their official capacity.
ADVERTISING
Parts of or all of the Services may from time to time contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that any materials submitted for inclusion on Universikid and the Services comply with relevant laws, regulations and codes and these Terms. We shall not be responsible for any error or inaccuracy in such advertising or sponsorship materials.
INTELLECTUAL PROPERTY
Save as expressly stated otherwise in these Terms or elsewhere on Universikid, all rights, title and interest in and to the Platform and Services (including without limitation any brands, titles, computer codes, themes, objects, items, phrases, concepts, artworks, 2D/3D animations, sound effects, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, character profile information, recordings, videos played using BIMBI’s Platform and Services, and BIMBI’s server software) (the “BIMBI Property”) are owned by or licensed to BIMBI, subject to copyright and other intellectual property rights under Italian and foreign laws and international conventions. BIMBI reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with the Platform and Services. Except as expressly provided in these Terms, BIMBI does not grant any express or implied rights to the BIMBI Property.
You acknowledge and agree that you shall have no ownership or other property rights or interest in any User Account, and you further acknowledge and agree that all rights in and to the User Account are and shall forever be owned by and inure to the benefit of BIMBI.
DMCA NOTICE AND TAKE DOWN PROCEDURE
BIMBI respects copyright law and expects its Users to do the same. It is our policy to terminate User Accounts in appropriate circumstances of Users who infringe or are believed to infringe the rights of copyright holders. BIMBI will respond expeditiously to claims of copyright infringement committed using Universikid or other online network accessible through a mobile device or other type of device (the “Sites”) that are reported to BIMBI’s Designated Copyright Agent, identified in the sample notice below.
If you are a copyrights owner, are authorised to act on behalf of one, or authorised to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Sites by submitting a notice that contains all of the following information:
- identify the copyrighted work that you claim has been infringed, or – if multiple copyrighted works are covered by this notice – you may provide a representative list of the copyrighted works that you claim have been infringed;
- identify the material that you claim is infringing (or to be subject of infringing activity) and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material, including at a minimum, if applicable, the URL of the links shown on the Site(s) where such material may be found;
- provide both of the following statements in the body of the notice:
“I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorised by the copyright owner, its agent, or the law (e.g. as a fair use).”
“I hereby state that the information in this notice is accurate and[, under penalty of perjury,](you only need to include this language if you live in the United States of America) that I am the owner, or authorised to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed”. - provide your full legal name and your electronic or physical signature.
Deliver this notice, with all items completed, to BIMBI ’s Designated Copyright Agent to the address of BIMBI entity responsible for providing the Services in your region. Be sure to mark “Attn: Copyright Agent” so it gets to the right person quickly. You can send your notice instead by email to: info@universikid.com
Please note that the notices are legal notices and that BIMBI may provide copies of such notices to the participants in the dispute or to third parties, at its discretion or as required by law. Upon receipt of such a notice, BIMBI will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the Sites.
INDEMNIFICATION AND RELEASE
In no event will BIMBI, or any person or entity involved in creating or producing Universikid or any part thereof, shall be liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential or punitive damages arising out of the use of or inability to use any part of Universikid. Users and visitors hereby acknowledge that the provisions of this section shall apply to all content on Universikid.
Users and visitors agree to defend, indemnify and hold harmless BIMBI, its officers, employees and assigns from and against all claims and expenses, including lawyers’ fees, arising out of User’s or visitor’s use of Universikid.
DISCLAIMER OF WARRANTY
YOU ASSUME ALL RESPONSIBILITY FOR THE USE OF, AND RESULTS OBTAINED FROM, THE PLATFORM AND ITS SERVICES (NO MATTER WHERE YOU ARE BASED).
THE PLATFORM AND SERVICES ARE PROVIDED BY BIMBI ON AN “AS IS” AND “AS AVAILABLE” BASIS. BIMBI MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF ITS SERVICES, OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED FROM US IS AT YOUR SOLE RISK.
NEITHER BIMBI NOR ANY PERSON ASSOCIATED WITH IT MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER BIMBI NOR ANYONE ASSOCIATED WITH IT REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
BIMBI HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
LIMITATION OF LIABILITY
TO THE EXTENT PERMITTED BY LAW, OUR LIABILITY TO YOU (WHETHER FOR BREACH OF CONTRACT, NEGLIGENCE OR FOR ANY OTHER REASON WHATSOEVER) FOR ANY LOSS, HARM OR DAMAGE SUFFERED BY YOU IN CONNECTION WITH YOU ACCESSING, USING AND / OR DOWNLOADING THE SERVICES IS LIMITED TO THE TOTAL AMOUNTS PAID BY YOU TO BIMBI DURING 6 MONTHS IMMEDIATELY PRIOR TO THE TIME YOUR CAUSE OF ACTION FIRST AROSE.
WE ONLY MAKE THE SERVICES AVAILABLE FOR PRIVATE AND NON-COMMERCIAL USE. WE ARE NOT LIABLE FOR BUSINESS LOSSES (SUCH AS ANY LOSS OF PROFIT, LOSS OF BUSINESS, BUSINESS INTERRUPTION, LOSS OF GOODWILL OR LOSS OF BUSINESS OPPORTUNITY). WE WILL NOT HAVE RESPONSIBILITY FOR ANY DAMAGE WHICH ARISES BECAUSE YOU FAILED TO INSTALL ANY UPDATE WHEN IT IS MADE AVAILABLE BY BIMBI OR WHERE YOU FAIL TO MAINTAIN THE MINIMUM SYSTEM SPECIFICATIONS REQUIRED. SEPARATELY, WE ARE NOT RESPONSIBLE FOR (I) ANY LOSS THAT WAS NOT FORSEEABLE AT THE TIME YOU ENTERED INTO THESE TERMS OF SERVICE; OR (II) ANY LOSS THAT WE BOTH KNEW MIGHT HAPPEN ONLY BECAUSE OF YOUR SPECIAL CIRCUMSTANCES EXISTING AT THE TIME YOU ENTERED NTO THESE TERMS OF SERVICE (INCLUDING ALL INDIRECT DAMAGES).
DESPITE ANYTHING ELSE WE SAY IN THIS TERMS OF SERVICE, WE DO NOT EXCLUDE OR LIMIT IN ANY WAY OUR LIABILITY TO YOU WHERE IT WOULD BE UNLAWFUL TO DO SO.
TO THE EXTENT PERMITTED BY LAW, YOU WILL HOLD US AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS’ FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR TORT.
GOVERNING LAW AND JURISDICTION
These Terms and any action arising out of or in connection with these Terms shall be governed by and will be construed in accordance with the laws of Spain , without regard to its conflict of law provisions.
Disputes can be expensive and time consuming for all parties involved. Therefore, if the dispute arises between you and BIMBI, we strongly encourage you to first contact our customer support at info@universikid.com, so we could talk and seek the best ways of resolving the dispute. Should this fail, you agree that any dispute, claim or controversy arising out of or in connection with these Terms or the Services shall be settled by arbitration, by a sole arbitrator, appointed in accordance with the rules, which are deemed to be incorporated by reference into these Terms.
Nothing in these Terms shall be deemed to waive, preclude, or otherwise limit your or our right to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable agency if that action is available; (c) seek injunctive relief in a court of law; (d) lodge a complaint or remedy under the General Data Protection Regulation (“GDPR”), or (e) file claim in the court of law to address an intellectual property infringement claim or to compel or uphold any arbitration decision hereunder.
You agree that any claim you may have against us, shall be brought individually and you shall not join such claim with claims of any other person or entity or bring, join or participate in a class action against BIMBI.
English version will be the version used when interpreting or construing this Agreement.
BIMBI WORLDWIDE S.L.
Calle Vidrier 48
07819 Santa Eularia des Riu,
Islas Baleares, Spain
VAT # : ESB67899377