Last updated: 10 May 2018
Welcome to the Discovery Kids app (the “App”)!
This App is operated and provided to you by DPlay Entertainment Limited, registered in England with company number 09615785 whose registered office is at Chiswick Park Building 2, 566 Chiswick High Road, London, W4 5YB, United Kingdom (“DEL”).
By installing and using the App, you confirm that you are 18 years old or over. Minors may use the App with your permission and under your supervision.
- Access to the App
- You may be able to access and view some Discovery Kids Content for free, but some Discovery Kids Content may only be available to you if you purchase a subscription (“Discovery Kids Subscription”).
- If you purchase a Discovery Kids Subscription, you can view details, including the recurring subscription fee, billing renewal date and end date of your free trial period (if any, see section 2 below), and how to cancel, in the Account Settings area in the App.
- We may require you to register a Discovery Kids account (“Discovery Kids Account”) by providing your details or by using an account you already hold with a platform such as Facebook. To register a Discovery Kids Account and purchase a Discovery Kids Subscription you must be aged 18 years.
- When you sign up for a Discovery Kids Account or purchase a Discovery Kids Subscription you are responsible for all access to and use of the App by your household.
- You are also responsible for your Discovery Kids Account username and password, for keeping them confidential, and for all activities that are carried out under them. We recommend that you do not reveal your payment details, username and password to any other person. You agree to notify us immediately if you become aware of or suspect any unauthorised use of your password or username.
- Free trial
- Your Discovery Kids Subscription may start with a free trial period. Free trials are available to new subscribers only and are subject to availability. The specific duration of the free trial will be specified at the point of sign-up.
- You will be charged at the end of your free trial period, unless you cancel your Discovery Kids Subscription at least 24 hours before the expiry of the free trial. Please note that you will not be notified that your free trial is ending or has ended and that your paid subscription has started.
- You will be charged for your Discovery Kids Subscription using the payment method provided when you first subscribe or set up your Discovery Kids Account. Subscription payments will be taken automatically on the first day of each new subscription period for your Discovery Kids Subscription. Usually the first payment will be taken on the day after any free trial period ends.
- If you are eligible for a promotional offer or discount your bill and payments will be reduced accordingly for the promotion period.
- To view your billing information or to change your payment method, go to the Account Settings area in the App (unless you’re paying via a third party, for example an app-store or via one of our partners, in which case see section 8 below).
- If a payment is not successfully settled, because your payment method has expired, because you have insufficient funds, or otherwise, and you do not change your payment method or cancel your Discovery Kids Subscription, we may suspend your access to your Discovery Kids Subscription until we have obtained a valid payment method. When you update your payment method, you authorise us to charge the updated payment method for your Discovery Kids Subscription and you remain responsible for any uncollected amounts. This may result in a change to your payment dates or subscription period.
- We reserve the right to change the date we charge you if your payment method has not been successfully authorised or if that renewal date does not occur in a given month.
- For some payment methods, the relevant issuer may charge you certain fees, such as a foreign transaction fee or other fees relating to the processing of your payment method. Local taxes and charges may vary depending on the payment method used. Check with your payment provider for details.
- Automatic renewal
- Certain types of Discovery Kids Subscriptions automatically renew unless you cancel your subscription before your next renewal date. If you have a Discovery Kids Subscription which automatically renews, and you do not cancel your subscription at least 24 hours before the end of the current subscription period (or free trial period), your Discovery Kids Subscription will automatically renew. If your Discovery Kids Subscription automatically renews, you will be charged the total subscription fee due for the next subscription period.
- Price changes
- We may change the price of your Discovery Kids Subscription from time to time. Any price changes will apply to you no earlier than 30 days following notice to you.
- If we notify you of a price change and you do not want to continue your Discovery Kids Subscription at the new subscription price, you can cancel your Discovery Kids Subscription either: (i) before the start of the next subscription period by following the steps in section 6 (Cancellation) below; or (ii) at any time before the price change becomes effective by providing us with notice at the details set out in section 23 below.
- You can cancel your Discovery Kids Subscription at least 24 hours before the end of the current subscription period (or free trial period) and the cancellation will be effective at the end of the current subscription period (or free trial period). This means that if you are part of the way through a subscription period, you will be able to continue to use your Discovery Kids Subscription until the end of the current subscription period.
- When you purchase a Discovery Kids Subscription you agree: (a) we will provide you with access to your Discovery Kids Subscription immediately; and (b) you waive your statutory right to change your mind about your Discovery Kids Subscription and receive a refund within the cooling off period. Because you agree to access the Discovery Kids Subscription immediately and waive your statutory right to change your mind in the cooling off period, you cannot exercise your statutory right to cancel and receive a refund within the cooling off period.
- To manage your Discovery Kids Subscription, click on the Account Settings area in the App.
- If you signed up for a Discovery Kids Subscription through a third party (for example an app-store or via one of our partners) and wish to cancel your subscription, you will need to do so through that third party. For example, you may need to visit your account with a third party app-store and turn off auto-renew.
- Refunds and credits
- Without affecting your statutory rights, payments are non-refundable and there are no refunds or credits for partially used billing periods. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our subscribers. If we do this for any reason this does not mean we are obligated to do so again, even for the same circumstance.
- Third party platforms and services
- If you access the App or purchase a Discovery Kids Subscription through a third party (for example via an app-store or via a third party or via a bundle of services provided by one of our third party partner), your payment will be to that third party and you will be subject to that third party’s terms (including any applicable usage rules). Important information on the applicable terms of sale, payments, taxes, payment methods, your right to cancel a transaction and when you can exercise such right (where applicable), and the technical steps to conclude a transaction, will be detailed in the third party’s terms and conditions.
- Supported devices and updates
- Availability of the App, your Discovery Kids Subscription and Discovery Kids Content depends on the quality of your internet connection and device capabilities. Some features may not be available on all devices. Please visit the FAQs to see the full list of supported devices and operating system requirements.
- To get the best Discovery Kids experience, we recommend that you accept any updates to the App as and when they become available. This may also require you to update your device operating system.
- Device restrictions
- You and your household can use your Discovery Kids Account to access your Discovery Kids Subscription from a maximum of 5 devices.
- You may view your Discovery Kids Subscription through your Discovery Kids Account at the same time on up to 2 devices within your household.
- Your data usage
- You are responsible for all internet access, mobile data or other charges incurred when using the App and your Discovery Kids Subscription. Remember that streaming and downloading audio-visual content such as videos and games can use up a lot of data.
- Changes to Discovery Kids
- DEL may regularly make changes to any element of the App, your Discovery Kids Subscription or the Discovery Kids Content. In particular, the availability of Discovery Kids Content may change from time to time (for various reasons, such as where relevant third party rights-holders withdraw or restrict our right to use that content on the App). We therefore have the right to add or withdraw Discovery Kids Content at any time, with or without notice. You acknowledge and agree that the Discovery Kids Content is variable and will change from time to time without notice. There may also be times when DEL has to remove certain features or functionality and/or devices or platforms from being able to access the App. We may also update or upgrade the App from time to time.
- If changes to the App are likely to materially adversely affect the App we will try to make sure that any changes will not adversely affect you during your current subscription period so you have the chance to cancel your Discovery Kids Subscription before the next subscription period begins by following the steps in section 6 (Cancellation) above. If we have to make a materially adverse change to the App during your Discovery Kids Subscription, we will give you 30 days’ notice and the right to cancel. If you do not cancel your Discovery Kids Subscription after we have notified you about any changes and before these changes take place, and you continue to use the App, we will take that as your acceptance of the changes.
- All Discovery Kids Content is protected by copyright, trademark, and/or other proprietary intellectual property rights owned by or licensed to us.
- Your use of the App
- You must use the App in accordance with all applicable laws, rules and regulations, and any other restrictions on use of the App, the Discovery Kids Subscription or Discovery Kids Content.
- You must not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App, the Discovery Kids Subscription or Discovery Kids Content.
- The App, the Discovery Kids Subscription or the Discovery Kids Content (or any part of them) may not be accessible outside of your home country of residence. If you try to access the App, the Discovery Kids Subscription or the Discovery Kids Content in another country, you may not be able to play certain Discovery Kids Content while you are in that country. Content limitations may also depend on the subscription plan you choose and any restrictions imposed by our commercial partners. See the FAQs for more information about access to Discovery Kids outside your home country.
- You must not, and must not allow third parties to: (a) access, view and/or purchase the Discovery Kids Subscription or Discovery Kids Content using a virtual proxy network; (b) display, perform, publish, license, offer for sale, make and/or distribute copies of the App, the Discovery Kids Subscription or the Discovery Kids Content; (c) attempt to copy, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange or translate the App, the Discovery Kids Subscription or the Discovery Kids Content except as permitted by applicable law; or (d) create derivative works of the App, the Discovery Kids Subscription or the Discovery Kids Content of any kind whatsoever.
- Ending your right to use Discovery Kids
- If we decide to discontinue the App, we will give you at least 90 days’ prior notice. In no event will we be liable in any way for the discontinuation of the App, the removal of or disabling of access to the App or for the withdrawal of the service or any Discovery Kids Content.
- Our liability to you
- We accept liability for death or personal injury caused by our negligence or that of our employees and agents. We do not seek to exclude liability for fraudulent misrepresentation by us or our employees or agents.
- We are not responsible for:
(a) any use of the App or Discovery Kids Content which isn’t authorised by us;
(b) any malfunction or interruption to the App or Discovery Kids Content due to unforeseeable circumstances that prevent us from fulfilling our obligations to you;
(c) errors, viruses or bugs present in or arising from your use of the App or Discovery Kids Content;
(d) incompatibility of the App or Discovery Kids Content with any other software or hardware (including any of your devices); and
(e) any act or default of any third party supplier, device manufacturer or provider of a device operating system, which are beyond our reasonable control.
- Apart from liability arising in respect of the circumstances set out in section 17.1 (which is unlimited), to the fullest extent permitted under local law, in no event shall our total liability to you for all damages arising from your use of the App or the Discovery Kids Content or your Discovery Kids Subscription, exceed the amount you paid your Discovery Kids Subscription.
- We can’t guarantee that the App or the Discovery Kids Content will be free from bugs or errors or that your access will be free from interruptions, however where we are made aware of technical issues then we will always try to fix them.
- Please note that we are not responsible for any lack of functionality or failure to provide any part of the App or the Discovery Kids Content, or any loss of content or data that is due to: your equipment, devices, operating system or internet connection, your failure to download the most recent published version of the App or meet the compatibility requirements or the consequences of you changing your equipment, device, operating system or internet connection.
- Transfer of rights
- Governing law
- If you have any complaint please speak to us first, by contacting us using the details below. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform available at https://ec.europa.eu/consumers/odr. We do not currently use alternative dispute resolution (ADR) including through the ODR platform as a means of settling consumer complaints.
- We will send you information relating to your account and your subscription (e.g. payment authorizations, invoices, changes in password or payment method, confirmation messages, content and feature updates and other service or transactional messages) by in-app message or email to the email address provided during sign up (if you signed up via a third party, for example via an app-store or one of our partners, or used your account details with a platform such as Facebook, then we may obtain your email so that we can keep you up to date with service-related messages).
- Contacting us
c/o DPlay Entertainment Limited
Chiswick Park Building 2
566 Chiswick High Road London