Switch Media Mobile App Terms of Service

These Terms of Service govern your use of BBC Kids, our website located at https://bbckids.tv, and any related services provided by Switch Media.

When you use BBC Kids, you agree to abide by these Terms of Service and to comply with all applicable laws and regulations. If you do not agree with these Terms of Service, you are prohibited from further using the app, accessing our website, or using any other services provided by Switch Media.

If you access or download BBC Kids from (1) the Apple App Store, you agree to any Usage Rules set forth in the App Store Terms of Service; and/or (2) the Google Play Store, you agree to the Android, Google Inc. Terms and Conditions including the Google Apps Terms of Service.

We, Switch Media, reserve the right to review and amend any of these Terms of Service at our sole discretion. Upon doing so, we will update this page and notify you through the app and/or the email address you provided when you created your account. Any changes to these Terms of Service will take effect immediately from the date of publication.

These Terms of Service were last updated on 10 September 2024.

Limitations of Use

By using BBC Kids and our website, you warrant on behalf of yourself, any entity who you represent who has entered into these Terms of Service, and your users that you will not:

1. modify, copy, prepare derivative works of, decompile, or reverse engineer BBC Kids or any materials and software contained within BBC Kids or on our website;

2. remove any copyright or other proprietary notations from BBC Kids or any materials and software contained within BBC Kids or on our website;

3. transfer BBC Kids or any of its associated materials to another person or “mirror” the materials on any other server;

4. knowingly or negligently use BBC Kids or any of its associated services in a way that abuses or disrupts our networks or any other service Switch Media provides;

5. use BBC Kids or its associated services to transmit or publish any harassing, indecent, obscene, fraudulent, or unlawful material;

6. use BBC Kids or its associated services in violation of any applicable laws or regulations;

7. use BBC Kids to send unauthorized advertising or spam;

8. harvest, collect, or gather user data without the user’s consent; or

9. use BBC Kids or its associated services in such a way that may infringe the privacy, intellectual property rights, or other rights of third parties.

Intellectual Property

The intellectual property in the materials in BBC Kids and on our website are owned by or licensed to Switch Media. You may download BBC Kids, to view, use, and display the application on your mobile device for your personal use only.

This constitutes the grant of a license, not a transfer of title. This license shall automatically terminate if you violate any of these restrictions or these Terms of Service, and may be terminated by Switch Media at any time.

Automatic Updates

You give us permission to download and install updates to BBC Kids on your device in accordance with your privacy preferences. This permission can be revoked at any time by deleting BBC Kids from your device.

Liability

BBC Kids and the materials in BBC Kids and on our website are provided on an 'as is' basis. To the extent permitted by law, Switch Media makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property, or other violation of rights.

In no event shall Switch Media or its suppliers be liable for any consequential loss suffered or incurred by you or any third party arising from the use or inability to use BBC Kids, our website, or any other services provided by Switch Media or the materials in BBC Kids, even if Switch Media or an authorized representative has been notified, orally or in writing, of the possibility of such damage.

In the context of this agreement, “consequential loss” includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity, or otherwise.

Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

Accuracy of Materials

The materials appearing in BBC Kids or on our website are not comprehensive and are for general information purposes only. To the extent permitted by law, Switch Media does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials in BBC Kids or on our website, or otherwise relating to such materials or on any resources linked to BBC Kids and our website.

Links

Switch Media has not reviewed all of the sites linked to BBC Kids or on its corresponding website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement, approval, or control by Switch Media of the site. Use of any such linked website is at your own risk and we strongly advise you make your own investigations with respect to the suitability of those sites.

Specific Notice regarding Apple

To the extent that you are using or accessing BBC Kids on an iOS device, you acknowledge and agree to the terms of this clause. You acknowledge that these Terms of Service are between you and Switch Media only, not with Apple Inc. (Apple), and Apple is not responsible for BBC Kids and any materials available in BBC Kids.

Apple has no obligation to furnish you with any maintenance and support services with respect to BBC Kids.

If BBC Kids fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price of the mobile application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to BBC Kids and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be our responsibility.

Apple is not responsible for addressing any claims by you or any third party relating to BBC Kids or your use of BBC Kids, including but not limited to (1) product liability claims; (2) any claim that our mobile application fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation.

Apple is not responsible for the investigation, defence, settlement, and discharge of any third-party claim that our mobile application infringes that third party’s intellectual property rights.

You agree to comply with any applicable third-party terms when using BBC Kids, including any Usage Rules set forth in the Apple App Store Agreement of Service.

Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms of Service, and upon your acceptance of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you as a third-party beneficiary of these Terms of Service.

You hereby represent and warrant that (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.

Service Tariffs

The service tariffs, including VAT, are: R5 per day (Daily Subscription); R15 per week (Weekly Subscription) or R25 per month (Monthly Subscription). These fees are payable directly to the Mobile Operator with who you register for the service.

Right to Terminate

We may suspend or terminate your right to use BBC Kids and these Terms of Service immediately upon written notice to you for any breach of these Terms of Service.

Severance

Any term of these Terms of Service which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity of the remainder of these Terms of Service is not affected.

Governing Law

These Terms of Service are governed by and construed in accordance with the laws of South Africa. You irrevocably submit to the exclusive jurisdiction of the courts in that State or location

Customer Support

To contact us, you can use the following email: dpo@bbckids.tv You can also contact us by post at our postal address: Switch Media, Level 3, 100 Harris Street

Pyrmont, Sydney, NSW, Australia, 2009.

Unsubscribe instructions

For MTN: To unsubscribe, follow the instructions by using the USSD code by dialling: *155# or follow the directions on the MTN Play Portal.

For Vodacom: To unsubscribe, follow the instructions by using the USSD code by dialling: 135997# or follow the directions on the Vodacom Streamy Portal.

Network Fees and Billing Errors

All viewing is charged at the relevant Mobile Operators standard tariffs as per the subscribers agreement with them, and the content can viewed via wi-fi.

Any billing queries need to be followed up with the relevant Mobile operator, as they are responsible for billing the client.

The Service may only be accessed with permission of the Bill Payer, and any unauthorised usage is prohibited

Children under the age of 18 may only access the Service with the permission of their Parent and / or Legal Guardian.

Product Usage

BBC Kids is a subscription service that automatically renews, until the subscriber un-subscribes. Once the user has subscribed, they have unlimited access to all content on the Portal.  The Subscriber can enjoy the content by viewing it on their device or by streaming it via the Web App. Users can also subscribe by visiting www.bbckids.tv

All viewing is charged at the relevant Mobile Operators standard tariffs as per the subscribers agreement with them, and the content can viewed via wi-fi.

Access to the Service requires  internet connection and subscribers may incur an additional cost depending on their agreed rates with their mobile operator. In addition, subscribers need a compatible device and the latest software version to log on to the Service.

The Service may only be accessed with consent / permission of the Bill Payer, and any unauthorised usage is prohibited

Children under the age of 18 may only access the Service with the consent / permission of their Parent and / or Legal Guardian.

WASPA

Switch Media is a member of WASPA and is bound by the WASPA Code of Conduct. Customers have the right to approach WASPA to lodge a complaint in accordance with the WASPA complaints procedure. Switch Media may be required to share information relating to a service or a customer with WASPA for the purpose of resolving a complaint. WASPA website: www.waspa.org.za;  

Removal of Content

Switch Media has the right to take down any content (hosted as part of the BBC Kids service) that it considers illegal or for which it has received a take-down notice. This may be done with no notice given.