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Privacy Policy

Learning Lodge Terms and Conditions Installation and Use

GENERAL TERMS AND CONDITIONS REGARDING

 THE LEARNING LODGE FOR INSTALLATION AND USE

 

These Terms and Conditions have been updated as of 19 February 2016.

 

These General Terms and conditions regarding the Learning Lodge (Terms and Conditions) consist of the following sections:

 

I.                   Terms and conditions of Installation and Use

II.                Privacy Policy

 

 

I.          TERMS AND CONDITIONS OF INSTALLATION AND USE

 

I.1.       Learning Lodge

1.   The Learning Lodge enables you to download free and/or payable digital software programs or firmware owned by VTech or its licensors, including but not limited to e-books, games and award certificates (“VTech Software”) via the Internet from a VTech-designated server (“Server”) on a designated Personal Computer, laptop or Mac® from which the VTech Software can be uploaded onto a VTech Software compatible hardware product (“VTech Hardware Product”). In order to download VTech Software it may be necessary to download additional software applications offered and provided through the Learning Lodge first and it may require you to accept additional terms which will be presented to you before you can use these additional software applications. When the term “Learning Lodge” is used in the Terms and Conditions it also refers to other software applications, VTech Software and content made available through Learning Lodge. We particularly draw your attention to sections I.6.3 and I.11 below, which explains the circumstances in which we may suspend or terminate your use of the Learning Lodge and the conditions and limitations which apply to our liability to you in connection with the Learning Lodge.

 

I.2.       Applicability and acceptance

 

1.The following specifies the Terms and Conditions on which VTech Electronics Europe PLC (registered company number 02178243) Napier Court, Abingdon Science Park, Abingdon, Oxfordshire, OX14 3YT  (“VTech”) offers you to install and use the Learning Lodge and may be varied by us in accordance with section I.2.5 and I.6.3 below. Please read the Terms and Conditions carefully before installing and using the Learning Lodge on your computer.

 

2.      The Learning Lodge is intended solely for the use of individuals who already own VTech Hardware Products. If you do not currently own and possess one of these products, DO NOT use the Learning Lodge and DO NOT download the software or firmware available on the Learning Lodge.  If you disregard this section and download software or firmware despite not currently owning a VTech Hardware Product, VTech will not be responsible for any damage or loss caused to your device or information stored thereon, and you may be held legally liable for any resulting damage or loss caused to VTech by your download.

 

3.        The Learning Lodge is available for individuals aged 18 years or older.  If you are under the age of 18, you should not use the Learning Lodge alone.  Instead, review these terms and conditions with your parent/guardian to make sure you and your parent/guardian understand these terms and conditions. These terms and conditions create an agreement between VTech and an adult parent/guardian of any child who uses the Learning Lodge.

 

4.Installation and use of the Learning Lodge on your computer will only be possible after your acceptance of the Terms and Conditions. You can only accept the Terms and Conditions, of which the below stated privacy policy of VTech (“Privacy Policy”) forms an integral part, by clicking the button: “I Agree”. If you do not accept the Terms and Conditions in whole, please do not install and/or use the Learning Lodge. In that case you are kindly but firmly requested to click on the button: “Cancel”, as installation and use of the Learning Lodge shall imply your acceptance of these Terms and Conditions.

 

5.      VTech may revise the Terms and Conditions from time to time with or without notice to you. If we make only minor changes to these Terms and Conditions without materially changing your rights or obligations, we will post the revised Terms and Conditions on the Learning Lodge and they shall take effect immediately when they are posted. We recommend that you regularly review information posted by us within the Learning Lodge to keep up to date with such changes. We will notify you by email or through our online services if we make a change that materially alters your rights or obligations.  If you do not accept any change, then you are free to terminate the agreement with us and stop using the Learning Lodge or software or firmware downloaded from it.  Your use of the Learning Lodge following the posting (or notification) of any changes to the Terms and Conditions, shall constitute your acceptance of those changes.

 

I.3.       License

1.   VTech grants to you a non-exclusive, non-sub licensable, non-transferable license to install one copy of the Learning Lodge for non-commercial use on a designated Personal Computer or Mac®. You acknowledge that you shall acquire no rights to the Learning Lodge other than the license in accordance with the Terms and Conditions. The Learning Lodge may only be used to reproduce the VTech Software or other content and software applications you are authorized or legally permitted to reproduce. The Learning Lodge is licensed, not sold, to you only for that purpose.

2.   In order to use the Learning Lodge you must register a VTech Hardware Product and have Internet access, which you shall be responsible for the Internet connecting fee. There are different versions of Learning Lodge for different countries. The version of Learning Lodge you are licensed to use will depend on the country where you bought your VTech Hardware Product.

 

I.4.       Limited Warranty, Warranty Disclaimers and Links to Third Party Websites

1.   Subject to sections I.4.2 and I.4.3 below, VTech warrants to you that the Learning Lodge downloaded on your Personal Computer that adheres to the minimum technical requirements specified on the website www.vtechkids.com/download/UK is of satisfactory quality and fit for its purpose, and shall work as designed for a period of ninety (90) days from the date of installation and VTech will correct any defect and provide updates as soon as commercially feasible (the "Warranty Period").

 

  1. Except where we are not permitted by law to limit our liability as further set out in section I.11.4 below, VTech shall have no liability for any damage, loss, expense or detriment caused, whether directly or indirectly, for any defect or fault in the Learning Lodge arising as a result of your use of the Learning Lodge in contravention of VTech's instructions.

 

  1. If within the Warranty Period, you notify VTech in writing of any defect or fault in the Learning Lodge, which does not arise from use in contravention of these Terms and Conditions, from any step we take in accordance with I.6.3, or from any circumstance listed in I.11.1 (provided that such circumstance is not caused by VTech's failure to comply with these Terms and Conditions), VTech shall, at its sole option, either repair or replace the VTech Software, provided that you make available such information and assistance as VTech may reasonably require.

 

  1. VTech makes every effort to ensure the high quality of the content of the Learning Lodge. To the extent permitted by law and except as expressly set out in the Limited Warranty provisions at sub-sections I.4.1 - I.4.3 above despite the due care it exercises in compiling the information, VTech does not accept responsibility or liability for the functions incorporated into the Learning Lodge and does not guarantee the accuracy, suitability or comprehensive nature of the information, nor does it guarantee that the Learning Lodge is at all times error-free or that defects are corrected.

 

  1. To the extent permitted by law and except as expressly set out in the Limited Warranty provisions at sub sections I.4.1 – I.4.3 above the content, information and software provided through the Learning Lodge is provided on an "as is" and "as available" basis and VTech makes no warranty, representation or condition, either express or implied, as to its use, availability, accuracy or performance. To the extent permitted by law and except as expressly set out in the Limited Warranty provisions at sub-sections I.4.1 – I.4.3 above as a user you assume all risks and responsibilities for its use or non-use and VTech makes no representation that the content appearing on or downloaded via Learning Lodge is compatible for your computer or free from errors or viruses. No VTech employee, agent or representative is authorized to modify or amend this warranty. Nor does the information provided by VTech through the Learning Lodge made available by VTech release the user from the responsibility of having to examine the suitability of this information and/or software for the object envisaged by the user.

 

  1. The Learning Lodge may provide, or third parties may provide, links to other World Wide Web sites or resources.  Because VTech has no control over such sites and resources, you acknowledge and agree that VTech is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, services or other materials on or available from such sites or resources including without limitation for the accuracy, non-infringement or legality of such content, advertising, products, services or other materials.  You further acknowledge and agree that VTech, its parent, subsidiaries, affiliates, directors, officers, agents, co-branders or other partners, and employees 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, advertising, products, services or other materials available on or through any such sites or resources.

 

 

I.5.       Registration, Accounts and Passwords

 

1.VTech requires you to register an account by providing the information as requested and following the registration procedures as specified after you have indicated in the Learning Lodge that you would like to register an account.

 

2.You must not choose a username that infringes the rights of any third party, impersonates VTech staff or other users, which is deliberately confusing or which is offensive, racist, obscene, hurtful, unlawful or otherwise inappropriate or which is against any relevant laws and regulations. VTech reserves the right to make such assessment in its sole discretion, change any username for any reason or take such other action as VTech believes appropriate.

 

3.If you create an account in the Learning Lodge, you agree to be responsible for: maintaining the confidentiality of passwords or other account identifiers which you choose and all activities that occur under such password or account identifiers. You agree to promptly notify VTech of any unauthorized use of your password or account identifiers. Subject to section I.11.4 of these Terms and Conditions, VTech will not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred by you to the extent that it is as a result of, or in connection with, your failure to comply with this section of the Terms and Conditions.

 

I.6.       Upgrades, updates and changes to the Learning Lodge

1.   VTech may provide updates and upgrades to your VTech Hardware Product through the Learning Lodge from time to time without any prior written notice. You should read and precisely follow the instructions before initiating an update or upgrade. The process shall be done in an environment with a steady power supply. If the update or upgrade process is interrupted, your VTech Hardware Product may not function properly. You must follow the download procedure as explained through the Learning Lodge in order to properly use the VTech Hardware Product.  To the extent permitted by law, VTech will not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure or inability to use the Learning Lodge or any software or firmware downloaded from it, including any damage which you could have avoided by following our advice to apply an update or upgrade offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us .

2.   VTech may update or upgrade the Learning Lodge from time to time and such updated or upgraded changes will be automatically provided to you the next time you connect your designated Personal Computer or Mac® to the Internet.  Unless explicitly stated otherwise, any new or additional features that augment or enhance the current Learning Lodge, including the release of new products or services, shall be subject to the Terms and Conditions.

3. The information published in the Learning Lodge does not necessarily reflect VTech’s views. VTech may at any time and at its own discretion with or without notice to you change, delete or withdraw any information, content or downloadable software programs made available through the Learning Lodge or impose additional restrictions, rules or charges concerning the use of the Learning Lodge or any software or firmware made available through it.  Where such changes, withdrawals, restrictions or rules are material, VTech will contact you in advance to tell you about them and you will be free to stop using the Learning Lodge if you do not agree to the revisions. However, VTech reserves the right to alter or remove the Learning Lodge or suspend or terminate your use in any way, at any time, for any reason, without prior notification, and will not be liable in any way for possible consequences of such changes.  This may be necessary, for example, to reflect changes in relevant laws or regulatory requirements or to implement technical adjustments and improvements, for example to address a security threat.

I.7.       User Submissions

 

1.While VTech desires to receive feedback from consumers, unless specifically requested by VTech in writing, please do not send VTech any creative or original concepts, ideas, materials or products, or confidential or proprietary information. All comments, feedback, ideas, suggestions or other information submitted or offered to VTech by e-mail or otherwise (collectively "User Submissions") shall be and remain VTech's property. Any such disclosure or offer of any User Submissions shall constitute an assignment to VTech of all worldwide rights, titles and interest in all intellectual properties in the User Submissions. Thus, VTech will own exclusively all such rights, titles and interests in any User Submissions, and shall not be limited in any way in its use, commercial or otherwise, of any User Submissions. VTech is and shall be under no obligation to maintain any User Submissions in confidence (except to the extent a User Submission constitutes (in whole or part) personal data in which case it will be treated in accordance with our Privacy Policy), tomake any payment for any Submissions, or to respond to any User Submissions. You agree not to use the Learning Lodge for any illegal or immoral purpose.

 

You agree that you will not send or post any User Submissions that are subject to any third party proprietary rights (including rights of privacy or rights of publicity), unless you have a formal license or permission from the rightful owner to post the material in question and to grant VTech the rights referred to in paragraph I.7.1. above. VTech reserves the right (but shall have no obligation) to decide whether User Submissions comply with the content requirements set out in the Terms of Use in paragraph I.8 below and may remove such User Submissions without prior notice and at VTech’s sole discretion.

 

I.8.       User restrictions

 

1.   VTech grants you permission to access and use the Learning Lodge, subject to the following express terms, and you agree that your failure to adhere to any of these terms of use shall constitute a breach of contract on your part:

 

(1) you agree not to distribute any part of or parts of the Learning Lodge, including but not limited to any textual or other content submitted to the Learning Lodge by users in any medium without the prior written authorization of VTech;

(2) you agree not to alter or modify any part of the Learning Lodge;

(3)   you agree not to (or attempt to) circumvent, disable or otherwise interfere with any security related features of the Learning Lodge or features that (i) prevent or restrict use or copying of Learning Lodge content or (ii) enforce limitations on use of the Learning Lodge or the content accessible via the Learning Lodge;

(4)   you agree not to use the Learning Lodge for any commercial use, without the prior written authorization of VTech;

(5)   you agree not place content which is inappropriate or contains discrimination, slander, defamation and/or any provocation, exchange of abuse or incitement to hatred, or infringes on the privacy and personal life or other rights of a natural person or that can be assumed to be in any other way illegal;

(6)   You agree not to collect or harvest any personal data of any user of the Learning Lodge (and agree that this shall be deemed to include VTech’s account names);

 

I.9.       Intellectual Property Rights

 

  1. The Learning Lodge is owned by VTech and protected by copyright, trademarks and/or other proprietary rights. All intellectual or industrial property rights to the Learning Lodge and (other) content made available such as analyses, designs, trademarks, documentation, reports, animations, testing modules, video and/or photo material, as well as preparatory material for this, as well as the system of collected works which can be considered a database, are vested solely in VTech or its licensors. Except as specifically set forth herein, VTech retains all right title and interest in all the contents and underlying software of the Learning Lodge, or made available therein. You are not allowed to remove or to alter any indication of copyrights, trademarks, trade names or other intellectual or industrial property rights from the Learning Lodge, including indications of the confidential nature and non-disclosure of the material.

 

  1. It is our policy to terminate account privileges of any user who repeatedly infringes the copyright rights of others upon receipt of proper notification to VTech by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted in the Learning Lodge in a way that constitutes copyright infringement, please provide the following information to our copyright agent: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is published in the Learning Lodge; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. VTech’s Copyright Agent for notice of claims of copyright infringement can be reached as follows:  Attention: copyright agent, VTech Electronics Europe PLC Napier Court, Abingdon Science Park, Abingdon, Oxfordshire, OX14 3YT or via email consumer_services@vtech.com.

 

I.10.     Resale of Product

 

Our Internet operations are established to grant non-exclusive, non-sublicensable, non-transferable, personal and perpetual license for end customers to install free or non-free software and software applications to end-use customers via the Learning Lodge only. We do not sell downloadable software via the Internet to customers nor do we license software and/or software applications to users who intend to sub-license, re-sell or export the software and/or software applications.


I.11.     Our liability to you

 

  1. VTech complies with its legal obligations under the Data Protection Act 1998 to put in place appropriate technical and organizational measures to ensure the security of your personal data.   If, notwithstanding such compliance by VTech, the Learning Lodge and any software or firmware downloaded therefrom or any related services suffer an outage, corruption, attack, virus, interference, hacking, intrusion, data loss, theft or unlawful removal, or any other loss, damage, compromise or impairment, VTech shall not be liable and disclaims all such liability to the fullest extent permitted by law. 

 

  1. Neither VTech nor its suppliers, licensors, parent, subsidiaries, affiliates, directors, officers, agents, co-branders, other partners or employees will be liable to you for any loss or damage that is not foreseeable.  Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the relevant time the contract was made.   

 

  1. Except as set out in I.11.4 below, VTech’s total liability to you for any cause whatsoever (including without limitation arising in tort (including negligence), contract or breach of statutory duty) will not exceed £500.

 

  1. Nothing in these Terms and Conditions excludes or limits the liability of VTech or its affiliates for death or personal injury from negligence, or fraud or fraudulent misrepresentation or any other liability that cannot be excluded or limited by law. 

 

5. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.

I.12.     Your liability to us

You will be responsible for any claims, proceedings, damages, losses, injuries, costs and expenses or liabilities suffered by VTech as a result of your breach of any of these Terms and Conditions.

I.13.     Termination

            You understand that your acceptance of the Terms and Conditions will constitute a license agreement between you and VTech. You may terminate the agreement between VTech and you at any time.  If you fail to comply with any of the Terms and Conditions, VTech at its sole discretion acting reasonably, without notice to you may terminate the agreement between VTech and you. VTech shall not be liable to you or any third party for the termination of the agreement.  The following sections of the Terms and Conditions survive any termination of the agreement between VTech and you: I.4.4. – I.4.6 -  Warranty Disclaimers and links to Third Party Websites; I.11 – Our Liability to you; I.12 – Your liability to us; I.13 – Termination; I.14 – Severability; I.15 – Waiver; I.20 – Exclusion of Third Party Rights; I.21 – Choice of Law and Forum.

I.14.     Severability

            If any one or more of the provisions of the Terms and Conditions, or their application in any circumstance, is held invalid, illegal or unenforceable in any respect for any reason, the validity, legality and enforceability of that term or condition in any other respect and the remaining provisions of the Terms and Conditions shall not in any way be impaired.

I.15.     Waiver

VTech’s failure to exercise or enforce any right under or provision of the Terms and Conditions shall not constitute a waiver of such right or provision.

I.16.     Consent to Electronic Communications

When you use the Learning Lodge or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices in the Learning Lodge. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

I.17.     Statutory Rights

The Terms and Conditions do not affect your statutory rights (if appropriate) as a consumer.

I.18.     Section Titles

The section titles in these Terms and Conditions are for convenience only and have no legal or contractual effect.

I.19.     Entire Agreement

The provisions and conditions of these Terms and Conditions constitute the entire agreement between you and VTech related to the installation and use of the Learning Lodge and supersedes any prior agreements or understandings not incorporated herein. In the event that any inconsistencies exist between the Terms and Conditions and any future published Terms and Conditions or understanding, the last published Terms and Conditions shall take precedence.

I.20.     Exclusion of third party rights

Unless expressly provided in this agreement, no express term of this agreement or any term implied under it is enforceable pursuant to the Contracts (Rights of Third Parties) Act 1999 by any person who is not a party to it.

I.21.     Choice of Law and Forum

The Terms and Conditions shall be governed and construed in accordance with the laws of England and Wales (or the laws of Scotland or Northern Ireland if you live there). Any dispute arising out of or relating to the Terms and Conditions or your access or use of the Learning Lodge will be subject to the exclusive jurisdiction of the courts of London, The United Kingdom (or the courts of Scotland or Northern Ireland if you live there).

You may also be able to refer a dispute to the European Online Dispute Resolution ("ODR") platform at http://ec.europa.eu/odr. The ODR platform is a web-based platform which is designed to help consumers who have bought goods or services online. It provides access to independent alternative dispute resolution services which are usually free for you to use.

 

II.                PRIVACY POLICY

 

VTech may collect information from you and/or your child during the registration process for Learning Lodge and/or during use of the Learning Lodge, software or firmware downloaded therefrom, or related services. 

 

VTech is committed to protecting the privacy of the users of Learning Lodge and its software, firmware and related services.  Our policies regarding collection, use, storage, protection, and disclosure of your information, are contained in VTech’s Privacy Policy, which is incorporated into these Terms and Conditions by reference and available at http://www.vtech.co.uk/privacy_policy/.

 

By proceeding to use any of the VTech Services or (where available) by registering to use any of the VTech Services, you confirm that you have read, understood and agree to this Privacy Policy in its entirety and grant us permission to process (your) personal data that you have provided to us in accordance with the provisions of this Privacy Policy. We therefore advise you to read it carefully.

 

Questions, comments or requests regarding the Privacy Policy are welcomed and may be submitted for the attention of The Marketing Department VTech Electronics Europe PLC Napier Court, Abingdon Science Park, Abingdon, Oxfordshire, OX14 3YT  or by email to consumer_services@vtech.com.

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