General Terms and Conditions
Welcome to Wingzzz! We're glad you want to use our subscription service that offers subscribers access to digital children’s books and other content. This content is streamed over the internet to computers and other devices with an internet connection (the so-called "Wingzzz-compatible devices"). Since we want to protect your rights and those of any other user or third party who interacts with us, we created these General Terms and Conditions ("Terms"). By accessing or using the Wingzzz application, website, services, software, and/or content ("the Wingzzz Service", "we", and "us"), you agree to these Terms. Do not use the Wingzzz service if you cannot agree to these Terms.
The Wingzzz Service is provided by Wingzzz B.V.
1. You and Your Account
By registering for the Wingzzz Service you affirm that you are (i) 18 years of age or the applicable age of majority or older in your province, territory, or country, or (ii) an emancipated minor. You also affirm that you are fully able and competent to enter into these Terms and to abide by and comply with them.
If you register and subscribe, you agree to: (a) provide accurate and current information as prompted by the registration form; (b) maintain and update such information so that it is accurate and current at all times; (c) not share your password or unique ID or let anyone else access your account other than in those situations permitted under these Terms, or do anything else that might jeopardize the security of your account; and (d) immediately notify us of any unauthorized use of your password or any other breach of security related to the Wingzzz Service.
Your use of the Wingzzz Service is subject to all applicable technical and non- technical specifications, guidelines and policies which we may provide from time to time including but not limited to the Privacy Policy located at https://mywingzzz.com/Home/privacy.html (hereinafter collectively referred to as "the Policies") you agree and undertake to comply with the Policies.
2. Our License to You
The Wingzzz Service and all content viewed through our service are for personal and non-commercial use only. During the term of your Wingzzz subscription, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable license to access the Wingzzz Service and view digital books streamed through the service for that purpose only. Except for the foregoing limited license, no right, title or interest is transferred to you.
3. Communication preferences.
By using the Wingzzz Service, you agree that we may send you electronic messages related to your account. These messages may consist of emails sent to the email address you provided during your registration. The messages include notifications about your account (such as payment authorizations, changes to your password or payment method, confirmation emails and other transaction details) and are part of your relationship with Wingzzz and will satisfy any legal communications requirement (including that such communications must be in writing).
4. Subscription, trial subscription and billing.
a. Trial subscription.
When you start your trial period you will receive email confirmation from Wingzzz. When you click the confirmation link, you will be granted unlimited access to the Wingzzz library. No payment method is required. The Wingzzz trial subscription lasts for 14 days (or as long as indicated during registration). Restrictions may apply to combinations with other offers. Trial subscriptions are only for new subscribers. Wingzzz reserves the right, in its sole discretion, to determine whether you are eligible for a trial subscription. When your free trial period expires, you will no longer have free access to our Library unless you register as a paying customer. One day before your free trial ends, you will receive an email request to start paying for the Wingzzz service. If you take no action, no charge will be made to your account.
b. Home and Class Subscription - Continuous (monthly) paid subscription.
If you decide to continue using Wingzzz with a monthly paid subscription, Wingzzz will ask you to provide your Payment Method and will begin charging your subscription fees monthly until you cancel your subscription. To use the Wingzzz Service you must have Internet access and provide a recent, valid, accepted payment method (hereinafter: the "Payment Method"). During your active subscription, we will charge a monthly subscription fee to your provided Payment Method, subject to the term specified under "Online Cancellation". You must cancel your subscription with due observance of the term mentioned under "Online Cancellation" in order to prevent the subscription costs for the following month from being charged via your Payment Method.
c. School Subscription - Continuous (yearly) paid subscription.
If you decide to continue using Wingzzz with a yearly paid subscription for your school, Wingzzz will ask you to provide the name and email address of your school’s budget responsible person. When your subscription is activated, you can invite all the teachers of your school to make use of the School subscription by setting up their own accounts. Adding new teachers to the School subscription will not effect the subscription fee, no additional charges will accrue. Wingzzz will calculate the cost percentage for the remaining year and send an invoice to your school via e-mail to your school's budget responsible person with 15 days payment term. An invoice for the following year will be sent to your school by Jan 15. During your active subscription, we will charge a yearly subscription fee to your school each year latest by January 15. If you wish to cancel your yearly school subscription, your budget responsible person must contact us by email before 15 December in order to prevent the subscription costs for the following year from being invoiced.
d. Right of withdrawal.
You explicitly grant permission for your subscription to take effect as soon as you click on 'Confirm' during registration. This gives you direct access to the Wingzzz service so you can stream digital books. This does not affect your right to cancel your subscription at any time.
e. Recurring billing.
When you start your Wingzzz subscription, you authorize us to debit the monthly subscription fee at the (then applicable) rate in advance via your Payment Method. You acknowledge that the billed amount may vary for a variety of reasons, including promotional offers and codes, different currency exchange rates and / or an amended or added subscription. You authorize us to charge such varying amounts, which may be billed monthly in one or more times, through your Payment Method.
f. No refunds.
Payments cannot be refunded. Therefore, we do not make refunds or credits for partially used periods. After cancellation, you will continue to have access to the service until the end of your current billing period. At any time and for any reason, we may provide a refund, discount or other compensation to some or all subscribers ("credits"). The amount and form of these credits and the decision to make them are at the sole discretion of Wingzzz. If Wingzzz makes a credit in a particular case, this does not mean that you are entitled to credits in the future or that we are obliged to repay any amounts.
5. Cancellation.
a. Home and Class Cancellation.
You can cancel your Wingzzz Home or Class (monthly) subscription at any time. You will then continue to have access to the Wingzzz service until the end of your monthly billing period. We do not make refunds or credits for part of the month of a subscription period or for digital books that have not been viewed. To cancel, go to your personal 'Profile' page and click on the 'My Account' link and follow the cancellation instructions. If you cancel your subscription, your account will be closed at the end of your current billing period. To view when your account is closed, on the My Profile page, click View Payment Information.
b. School Cancellation.
You can cancel your Wingzzz School (yearly) subscription at any time. You will then continue to have access to the Wingzzz service until the end of your yearly billing period. We do not make refunds or credits for part of the year of a subscription period or for digital books that have not been viewed. To cancel, ask your school’s budget responsible person to send an email to support@mywingzzz.com with clear indication of the name, address and valid BRIN code of the school, preferably including the reason for cancellation. If you cancel your subscription, your account will be closed at the end of your current billing period. To view when your account is closed, on the My Account page, click View Payment Information.
6. Ownership; Restrictions On Use
All right, title, and interest in and to the Wingzzz Service site and services are and will remain the exclusive property of Wingzzz B.V. and its licensors. The content on the Wingzzz Service, including without limitation, books, text, software, graphics, photos, sounds, music, videos ("Content") and the "Wingzzz" word mark and design mark, as well as certain other names, logos, and materials displayed on or through the Wingzzz Service that constitute trademarks, tradenames, service marks or logos ("Marks") are owned by or licensed to Wingzzz B.V. and are subject to copyright, trademark, and other intellectual property rights under Dutch and international laws. You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any purposes the Wingzzz Service or any portion of the Wingzzz Service, including, without limitation, Content and Marks, except as authorized by these Terms or as otherwise authorized in writing by us or our applicable licensors. You also agree to view Content (including but not limited to books) as made available through the Wingzzz Service only in geographic locations where we offer the Wingzzz Service and have licensed such Content. The Wingzzz Service is provided for your personal, non-commercial use only. You must abide by all copyright notices, information, or restrictions contained in or associated with any Content.
7. Content Availability
The Wingzzz Service provides its users with access to books and other Content streamed through the Internet to certain devices. The availability of these books and other Content may change from time to time, and from geographic territory to territory, for a number of reasons (including publisher deals and available Internet bandwidth). As a result, we do not guarantee that any Content will be available or remain available on the Wingzzz Service (including during any subscription period for a Subscription Member).
Mobile Networks. If you access the Wingzzz Service through a mobile network, your network or roaming provider’s messaging, data and other rates and fees will apply. Downloading, installing or using certain Wingzzz Service features may be prohibited or restricted by your network provider and not all Wingzzz Service features may work with your network provider or device.
The display quality of streaming digital books can vary by computer and device and can be affected by many factors, such as your location, available bandwidth and / or the speed of your internet connection. You are responsible for all internet access costs. Ask your internet service provider for more information about possible costs for using internet data. Wingzzz does not guarantee anything about the quality of your viewing experience on the screen. The time until a digital book starts depends on a few factors such as your location, currently available bandwidth, the selected book and the configuration of your device.
8. Termination
Your right to use the Wingzzz Service automatically terminates if you violate these Terms or any rules or guidelines posted in connection with the Wingzzz Service. We reserve the right, in our sole discretion, to terminate your access to all or part of the Wingzzz Service, for any reason, with or without notice.
9. Copyright and brand.
The Wingzzz Service, including all content provided through the Wingzzz Service, is protected by copyright, trade secrets or other intellectual property rights. Wingzzz is a brand of Wingzzz B.V.
10. Links or Third Party Applications
The Wingzzz Service may contain links to third party websites or interact with third party applications (including, without limitation, widgets, software, or other software utilities) that are not owned or controlled by the Wingzzz Service. Our provision of a link to any other website or third party application is for your convenience only and does not signify our endorsement of such other website or resource or its contents. WE WILL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY CONTENT, INFORMATION, SOFTWARE, MATERIALS OR PRACTICES OF ANY THIRD PARTY WEBSITE OR THIRD PARTY APPLICATION.
11. Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT USE OF THE WINGZZZ SERVICE IS AT YOUR SOLE RISK. THE WINGZZZ SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, WINGZZZ B.V. AND ITS AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE WINGZZZ SERVICE (INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, AND NON-INFRINGEMENT). We make no warranties or representations about the accuracy or completeness of content available on or through the Wingzzz Service or the content of any websites linked to the Wingzzz Service and assume no liability or responsibility for any: (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of the Wingzzz Service or the Content on the Wingzzz Service; (iii) any unauthorized access to or use of our secure servers and/ or any and all personal information and/or financial information stored therein; (iv) any interruption or cessation of transmission to or from the Wingzzz Service; (v) any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Wingzzz Service by any third party; and/or (vi) for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available on or through the Wingzzz Service.
12. Limitation of Liability
YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL WINGZZZ B.V. OR ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, SUBSIDIARIES, AFFILIATES, AGENTS, OR LICENSORS BE LIABLE UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STATUTORY, OR OTHERWISE) FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR (OR ANYONE USING YOUR ACCOUNT'S) USE OF THE WINGZZZ SERVICE.
13. Disputes
These Terms shall be construed and enforced in accordance with the laws of the Netherlands without regard to any choice of law or conflict of laws principles, regardless of where you live. You will resolve any claim, cause of action or dispute you have with us arising out of or relating to these Terms or the Wingzzz Service exclusively in a court located in the Netherlands.
14. Miscellaneous
These Terms, together with any other rules or guidelines posted in connection with the Wingzzz Service constitute the entire and exclusive and final statement of the agreement between you and us. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If for any reason any provision of these Terms is found to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected in that provision, and the remainder of these Terms shall continue in full force and effect. The section titles in these Terms are for convenience only and have no legal or contractual effect.
15. Changes to General Terms and Conditions
We may, in our sole and absolute discretion, change these Terms from time to time. If we do, we will update this posting, send you notice through the Wingzzz Service, or email you. Your continued use of the Wingzzz Service constitutes your agreement to abide by the Terms as changed. If you object to any such changes, your sole recourse will be to stop using the Wingzzz Service.
Last updated: June 9, 2021.
