Terms and Conditions.

Thank you for using Weyo™. ‘Weyo’, ‘Sesame Street Yourself’, ‘Oddbods Oddlife’ and ‘The Wiggles – Fun Time with Faces’ are owned and operated by Weyo Pty Ltd ABN – 601 065 196 (referred to as Weyo, we, us or our). We have detailed some general Terms and Conditions that govern your access and use of ‘Weyo’, ‘Sesame Street Yourself’, ‘Oddbods Oddlife’ and ‘The Wiggles – Fun Time with Faces (App) and website located at www.weyo.app (Website) which we will collectively refer to as the Services. These Terms and Conditions, along with our Privacy Policy available at www.weyo.app/privacy, together form our Terms of Use and create a legally binding contract between you and us. All use of the Services is subject to these Terms of Use.


IF YOU DO NOT AGREE WITH ANY PART OR WHOLE OF THESE TERMS OF USE, YOU MUST NOT INSTALL, ACCESS, OR USE THE SERVICES.

We may update the Terms of Use from time to time at our sole discretion. Any changes become effective on posting the updated Terms of Use and we will have no obligation to provide you with individual notice of such changes. As such, we recommend that you regularly check the Terms of Use for updates. Your continued use of the Services after such changes will signify your acceptance of the revised Terms of Use, unless we are otherwise obliged by law to seek your direct consent to such changes. If you do not agree with any of the amended Terms of Use then please do not continue to access or use our Services.

ELIGIBILITY

By using the Services, you let us know that you:

  1. accept the Terms of Use;

  2. agree to use the Services in accordance with our Terms of Use;

  3. agree and accept any other policies that we may publish from time to time;

  4. have honestly declared that you are at least 18 years of age and possess the legal right and ability to enter into a legally binding agreement with us and are not prohibited from doing so under any applicable laws, rules and regulations.

  1. If you are not 18 years or older you must not use the Services without your parent or guardian’s express consent. By using the Services, we will take that to mean that your parent or guardian has agreed to these Terms of Use and agrees to be bound by these Terms of Use on your behalf as well.

  1. We may, in our sole discretion, refuse to offer access to the Services to any person or entity and change the eligibility criteria for access to the Services at any time.

USE OF SERVICES

  1. We grant you a non-exclusive, worldwide, revocable, non-transferable licence to use the Services in accordance with these Terms of Use.

  1. We may alter or amend any aspect or part of the Services at any time in our sole discretion without prior notice or liability to you. You acknowledge that we are not liable for any loss or damage whatsoever, howsoever caused, resulting from any action taken or reliance made by you on any information or material on the Services.

  1. For the avoidance of doubt, we do not guarantee the accuracy, completeness, or timeliness of any information provided via the Services. 

  1. The Services will not operate on a continuous basis and may be unavailable from time to time (including for maintenance purposes). We reserve the right to cease the operation of the Services, or any part thereof, at any time without prior notice or liability to you.

  1. We may modify or discontinue all or any portion of the Services or any function made available without prior notice to you.

  1. The Services, and all related computer systems, procedures, and databases created, operated, maintained or accessed by us contain proprietary and confidential information of substantial economic value to us. You shall not make any unauthorised use, misuse, or disclosure of such information.

  1. You acknowledge and agree that we own or license all legal right, title and interest in and to the Services, including any and all current and future intellectual property rights that subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist), including such rights with respect to any content, name, trademark or logo that we may develop for, or use in connection with, the Services. Nothing in these Terms of Use gives, or is intended to transfer to or give, you or any other person any claim of ownership or any other rights in such intellectual property.

  1. In using the Services you promise that you will comply with all laws, statutes, and regulations. You agree that we may, in our discretion and without notice or liability to you, terminate or suspend your use or access to the Services and any software or applications associated with the Services if at any time, we believe in good faith that:

  1. You have directly or indirectly violated any of the Terms of Use or any other policies or guidelines which you are bound by, including our Privacy Policy; 

  2. You have behaved in a way which is illegal, fraudulent, harassing or abusive through your use of the Services;

  3. You have behaved in a way which may be harmful to other users of the Services, third parties, or any of our affiliates; and

  4. You have otherwise, in Weyo’s sole discretion, behaved in a way which we reasonably determine to be inappropriate or unacceptable.  

PAYMENT TERMS

  1. All payments for our Services are made through iTunes, Google Play or other application platforms authorised by us (Software Stores). If you choose to make a purchase, you will be prompted to enter details for your account with your Software Store (Software Store Account), and your Software Store Account will be charged for the download/in-app purchase in accordance with the terms disclosed to you at the time of purchase that apply to your Software Store Account. Be aware that some Software Stores may charge you sales tax, depending on where you live. 

  1. You are responsible for making your own enquiries into and abiding by the terms and conditions of use of the relevant Software Store third party payment processing entity. All enquires or issues relating to payment processing must be directed to the relevant third party payment processing entity. In no event shall Weyo be responsible or liable for any payment processing issue or error. Weyo will not be responsible for any damages, consequential losses (whether direct or indirect) suffered by a user whose credit card is fraudulently used or is used in an unauthorised manner.

IN AUSTRALIA, OUR GOODS AND SERVICES COME WITH GUARANTEES THAT CANNOT BE EXCLUDED UNDER THE AUSTRALIAN CONSUMER LAW. NOTHING IN THESE TERMS OF USE PURPORTS TO MODIFY OR EXCLUDE THE CONDITIONS, WARRANTIES AND UNDERTAKINGS, AND OTHER LEGAL RIGHTS, UNDER THE AUSTRALIAN COMPETITION AND CONSUMER ACT AND OTHER LAWS. ANY AND ALL OTHER WARRANTIES OR CONDITIONS WHICH ARE NOT GUARANTEED BY THE AUSTRALIAN CONSUMER LAW OR THE COMPETITION AND CONSUMER REGULATION 2010 ARE EXPRESSLY EXCLUDED WHERE PERMITTED, INCLUDING LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES CAUSED BY BREACH OF ANY EXPRESS OR IMPLIED WARRANTY OR CONDITION.

PERSONAL INFORMATION

  1. We collect personal information about you in order to process transactions and for purposes otherwise set out in our Privacy Policy www.weyo.app/privacy. Our Privacy Policy explains: 

  2. how we store and use, and how you may access and correct your personal information; 

  3. how you can lodge a complaint regarding the handling of your personal information; and

  4. how we will handle any complaint. 

For the avoidance of doubt, we never collect or store personal information from any person under the age of 18. If you would like any further information about our Privacy Policy, please contact us at [email protected]. 

SAFETYSAFETY

  1. It is our first priority to keep our Services a safe place for all users. Unless you have obtained our prior written permission, you may not do any of the following or permit or procure any other person to:

  1. copy, reproduce, republish, upload, post, transmit, or distribute in any way, material or content from this Website in any manner inconsistent with the purposes for which it is offered by Weyo™  to its users;

  2. use, promote, or otherwise encourage the use of this Services or any content for any illegal or unauthorised purpose;

  3. infringe or violate the rights of third parties, including copyright, trademark, patent, rights of privacy, or any other proprietary or contractual right;

  4. directly or indirectly transmit any advertising or promotional materials, including without limitation, “junk mail,” “surveys,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation or unauthorised communication;

  5. copy, modify, or display any trade marks, logos, or any text, graphic images, or other content from the Services;

  6. use devices (including software) that are designed to provide repeated automated access to the Services or probe, scan, or test the vulnerability of any system or network related in any way to the Services;

  7.  use, share, upload, create, transmit or deal in any way with material that contains “viruses”, “Trojan horses”, “copybots”, “worms”, “spyware”, “time bombs”, “cancelbots” or any other computer programs or codes that are intended to damage, interrupt, destroy, detrimentally interfere with or limit the functionality of any computer system, computer software or hardware, data, personal information or telecommunications equipment or other such device;

  8. with the exception of web browser software or other applications approved by us, use any software, program, application or any other device to access or log on to the Services, including our computer systems, or to automate the process of obtaining, downloading, transferring or transmitting any content from the Services, including our computer system;

  9. include any trademark, logo, the name of any of our personnel, or any variation of the foregoing, as a metatag, hidden textual element, or any other indicator that may create a false or misleading impression of affiliation, sponsorship, or endorsement between any person and/or website and the Services;

  10. obtain or attempt to obtain personal information or data about users of the Services;

  11. use any feature of the Services for any purpose that is unlawful, tortious, abusive, intrusive on another’s privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening, hateful, offensive, or sexually explicit; or

  12. create a link from a website to any part of the Services unless the user or the operator of the other website has executed our then standard agreement for the granting of permission to establish such a link.

SITE MONITORING

  1. While we may monitor any use of the Services, we are under no obligation to do so and assume no responsibility or liability arising from our doing so or omission to do so.

  2. We may monitor your use of the Services to evaluate the quality of service you receive, your compliance with these Terms of Use, the security of the Services, or for other lawful reasons.

  3. You hereby waive and release us from any cause of action or other right with respect to us concerning any monitoring activities so undertaken.

MOBILE AND OTHER DEVICES

  1.  Please be aware that when you access or use the Services on your mobile or other personal device, your carrier’s normal rates and fees, such as text messaging and data charges, will still apply.

DISCLAIMERS

  1. The Services are provided “as is”, without any warranty of any kind. The materials on the Services and any materials made available on this site are provided in the state received by us and without warranties of any kind, either express, implied or statutory. Weyo expressly disclaims all warranties to the maximum extent allowed by law.

  2. Weyo does not warrant or make any representations regarding the content or use of the Services in terms of their completeness, accuracy, reliability, timeliness or otherwise. You acknowledge that the content on this site could include false or irrelevant information, technical inaccuracies, and/or typographical errors.

  3. Our Website may contain links to websites operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, links to other sites on the World Wide Web are not under the control of Weyo and Weyo is not responsible for the content of any linked site or any link contained in a linked site, or any changes or updates to such sites.

  4. Weyo is not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of the Services or a third-party linked website. You must take your own precautions to ensure that whatever you select for your use of our Services is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer systems.

  5. Weyo makes no warranty that:

  1. the operation of the Services will meet the user’s requirements or expectations;

  2. access to the Services will be uninterrupted, timely, secure, free of unauthorised code or other harmful components, or free of error or malfunction;

  3. the results that may be obtained from the use of the Services will be accurate or reliable; or

  4. errors or defects will be corrected and/or corrected within a specified period of time.

LIMITATION OF LIABILITY

  1.  To the maximum extent permitted by law, Weyo and its affiliates, authorised representatives, parent companies, subsidiaries, officers, directors, employees, agents, network service providers, business partners, licensees and licensors (collectively, the Related Parties) disclaim all liability, whether based in contract, tort (including negligence), strict liability or otherwise, and further excludes liability for all losses, including without limitation direct, indirect, incidental, consequential, exemplary, punitive or special damages (including damages for loss of profits, revenue, income, goodwill, use, data, time or other intangible losses) arising out of or in any way connected with access to or use of the Services, even if Weyo and/or Related Parties have been advised of the possibility of such damages.

  2. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of Weyo shall be limited to the fullest extent permitted by law.

INDEMNIFICATION

  1. You agree to indemnify, defend, and hold harmless Weyo and any and all affiliates or authorised representatives of Weyo, at your expense, against any and all claims, actions, proceedings and suits and all related liabilities, damages, settlements, penalties, fines, demands, losses, costs or expenses (including reasonable solicitors fees and costs and other dispute resolution expenses) incurred by us and our Related parties arising out of, or relating to, (i) your access or use of the Website, (ii) your violation of these Terms of Use, or (iii) your violation of any other person’s rights hereunder, including violation of any intellectual property or privacy right.

  2. Weyo may, at its own expense, participate in any matters, claims or proceedings which are subject to indemnification by you, and you shall not settle any such matter, claim, or proceeding in a manner prejudicial to the rights of Weyo without the written consent of Weyo, which shall not be unreasonably withheld.

MISCELLANEOUS

  1. Your use of the Services and these Terms of Use are governed by the law of Victoria and you submit to the non-exclusive jurisdiction of the courts of Victoria. 

  2. We may transfer, assign, novate or otherwise deal with any part or whole of the Services without notification to you.

  3. If any provision of these Terms of Use are found to be unenforceable, then that provision or provisions will be severed from these Terms of Use and will not affect the validity and enforceability of any remaining provisions.

  4. These terms and conditions, together with the Privacy Policy, make up the entire agreement between you and us, and supersede any prior agreements.