Big Red Frog

Terms and conditions

This page contains the agreement for your use of this site and for sales made to you through this site. Your use of this site constitutes your acceptance of this agreement. This agreement is made between you and Big Red Frog Limited of Dorey Court, Admiral Park, St. Peter Port, Guernsey Channel Islands GYI 3BG ("Big Red Frog"). This agreement was last updated on 20 October 2005.

1. Terms of use of this site

1.1 Your obligations

You promise that you will use this site in a responsible manner, and that you will not:

(a) use this site for an unlawful purpose;

(b) interrupt or attempt to interrupt this site in any way, including submitting content containing viruses; or

(c) compromise the security of any password or other identifier required to facilitate your access to this site.

If you do not comply with the terms of this agreement, Big Red Frog may terminate your use where possible and, if necessary, take legal action.

1.2 Privacy

Please review our Privacy Policy, which also applies to your use of this site.

1.3 Copyright

All information and materials, including text, images, animation, logos, icons, video, music, sound, source code and software on this Site and the compilation of such information and materials ("Content") are protected by international copyright laws. Copyright in the Content is owned by Big Red Frog and its licensors. You may use and copy the Content only to the extent necessary to view and use this site for personal, non-commercial purposes. Any use of the Content not permitted by this Agreement is prohibited. No right, title or interest in any Content is acquired by you as a result of any use of the Content, permitted or otherwise.

1.4 Trade marks

BIG RED FROG, ESCAPE FROM OBEEZ CITY, BODY MECHANICS and their associated logos and other marks used on this site are trade marks or service marks of Big Red Frog and its licensors. Your use of this site does not give you any rights to use such trade marks or service marks in any manner.

1.5 Patents

You acknowledge that the "Escape from Obeez City" interactive game which is advertised and sold on this site is subject to a patent application in various countries including the United States of America (PCT/AU2004/000537). You must not do anything that would infringe Big Red Frog's rights in respect of that patent application or any subsequent patent.

1.6 Relying on Content

You acknowledge that the Content is provided for educational and entertainment purposes only, and should not be relied on as medical or nutritional advice.

1.7 Linking

References on this site to any names, marks, products or services of third parties or hyperlinks to third party sites or information are provided for your convenience only and do not in any way constitute or imply Big Red Frog's endorsement, sponsorship or recommendation of the third party, information, product or service. Big Red Frog is not responsible for the content of any third party sites and does not make any representations regarding the content or accuracy of material on such sites.

1.8 Disclaimer

THE CONTENTS OF THIS SITE INCLUDING (BUT NOT LIMITED TO) ALL SOFTWARE, FUNCTIONS, MATERIAL, ADVICE, INFORMATION, OPINION, STATEMENT, DATES, LOCATIONS, TIMES OR ANY OTHER PART OF THIS SITE ("MATERIAL") MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. BIG RED FROG DOES NOT WARRANT THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE MATERIAL.

YOU ACKNOWLEDGE THAT YOUR USE OF THIS SITE INCLUDING ANY RELIANCE ON ANY MATERIAL WILL BE AT YOUR SOLE RISK. BIG RED FROG RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THIS SITE. BIG RED FROG MAY MAKE ANY OTHER CHANGES TO THIS SITE OR THE MATERIAL AT ANY TIME WITHOUT NOTICE.

TO THE EXTENT PERMITTED BY LAW, THIS SITE, AND MATERIAL ON THIS SITE, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE.

1.9 Indemnity

You agree to defend, indemnify and hold harmless Big Red Frog and its affiliates from and against any and all claims, damages, costs and expenses, including attorney's fees, arising from or related to your use of this site.

2. Terms and conditions of sale

2.1 Defined terms

In this section of the Agreement:

"Order" means an order for Products.

"Price" means the price specified on this site for a Product and applicable shipping costs, at the time the Order is placed.

"Products" means the products Big Red Frog agrees to supply to you.

2.2 Orders

You may order Products by submitting an Order through this site. Each Order is an offer by you to purchase the Products specified in the Order. All Orders are subject to acceptance by Big Red Frog. Big Red Frog may refuse or cancel any Order at its discretion, including because there is an error in the Order or the information on this site, or unavailability of Products.

2.3 Age

You must be 18 years of age or older to purchase Products through this site. By submitting an Order you are representing that you are 18 years of age or older.

2.4 Price and payment

Unless otherwise indicated, Prices are in United States dollars and include applicable taxes. The payment methods and credit cards Big Red Frog accepts are stated on this site. Where you pay by credit card, the Price (less any applicable discounts) will be charged to your credit card when Products are shipped.

2.5 Discount codes

If you enter a valid discount code at the time you submit an Order, the Price of each Product ordered will be reduced by the amount of the discount code up to any maximum limits set by Big Red Frog.

2.6 Delivery

Big Red Frog will use reasonable endeavours to deliver Products to you within 14 days after your Order is received and payment has made. Sometimes you may be able to pre-order Products, in which case there will be a delay between when your Order is received and payment is made.

2.7 Product changes

Big Red Frog may change or discontinue Products or revise the Prices at any time. You agree that changes may occur between Products shipped to you and Products described on this site.

2.8 Title and risk

Title, and risk of loss or damage, to Products passes from Big Red Frog to you upon delivery of the Products. This clause does not have the effect of assigning intellectual property rights in the Products to you.

2.9 Product returns

Big Red Frog offers a 30 day money back guarantee. This means you may return Products to Big Red Frog within 30 days after delivery for a refund of the Price paid. Any Products you return must be in substantially the same condition as they were in when you received them. Big Red Frog will pay the return shipping costs if the return is a result of its error (including where you received damaged, defective or incorrect Products). Otherwise, you will have to pay the return shipping cost or it will be deducted from your refund. Where you order multiple Products, they must all be returned to obtain a refund, unless Big Red Frog agrees otherwise.

2.10 Liability

TO THE EXTENT PERMITTED BY LAW, BIG RED FROG'S LIABILITY TO YOU WILL BE LIMITED TO THE PRICE PAID BY YOU FOR PRODUCTS, AND BIG RED FROG WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM PERFORMANCE OR FAILURE TO PERFORM THIS AGREEMENT, OR FROM THE FURNISHING, PERFORMANCE OR USE OF PRODUCTS SOLD OR PROVIDED PURSUANT TO THIS AGREEMENT, OR DUE TO LATE DELIVERY OR NON-DELIVERY OF PRODUCTS, WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, OR OTHERWISE.

2.11 Limited warranties

EXCEPT FOR ANY WARRANTIES EXPRESSLY STATED IN ANY WARRANTY CARDS INCLUDED WITH THE PRODUCTS, TO THE EXTENT PERMITTED BY LAW, BIG RED FROG DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY IMPLIED WARRANTIES OF NON-INFRINGEMENT.

2.12 No resale

You warrant that you are purchasing Products for your own personal use and not for resale. You must not remove components from the Products for resale.

2.13 Exports

You agree to comply with applicable export laws, regulations and orders of the United States of America. Specifically, you agree not to re-export or ship, directly or indirectly, any Products or technical data in any form without first obtaining Big Red Frog's prior written consent and the appropriate export or re-export licenses from the Government of the United States of America.

3. General

3.1 Assignment

Big Red Frog can transfer, assign or subcontract its responsibility for, and its rights under, this Agreement at any time to any person without notice to you. You cannot assign your rights under this Agreement without Big Red Frog's prior written consent.

3.2 Changes

Big Red Frog may change this agreement at any time by making the new agreement available on this site. Your continued use of this site after a change is made constitutes your acceptance of that change. You should check this agreement each time you use this site.

3.3 Entire agreement

This Agreement constitutes the entire agreement between you and Big Red Frog concerning your use of this site and sales made to you through this site, and supersedes any prior written or other agreement between you and Big Red Frog.

3.4 Events beyond Big Red Frog's control

Big Red Frog will not be liable for any delay or failure to perform this Agreement caused by an event beyond its reasonable control.

3.5 Governing law

This Agreement is governed by and construed in accordance with the law of California and the parties submit to the jurisdiction of the Courts of California.

3.6 Interpretation

In this Agreement:

(a) headings are for convenience only and do not affect interpretation;

(b) a reference to a "person" includes an individual, the estate of an individual, a corporation, an authority, an association or a joint venture (whether incorporated or unincorporated), a partnership and a trust;

(c) words importing the singular include the plural and vice versa, and words importing a gender include other genders; (d) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning; and (e) "includes" in any form is not a word of limitation.

3.7 Severability

If any part of this Agreement is or becomes illegal, void or unenforceable, this does not invalidate the rest of this Agreement.

3.8 Waiver

Failure or omission by a party to require strict or timely compliance with this Agreement will not affect any right of that party to remedies it may have in respect of any breach of this Agreement.

Privacy Policy

Our Privacy Policy is a statement that explains how we collect, store and use personal information.

This Policy was last updated and is effective from 14 November 2005.

A SPECIAL NOTE FOR PARENTS AND LEGAL GUARDIANS:

Big Red Frog adheres to the Children's Online Privacy Protection Act of 1998. You can help by spending time online with your children and monitoring your children's online use. Please help us protect your child's privacy by instructing them never to provide personal information on this or any other site without your permission.

If you are under 18, please be sure to read this Policy with your parents or legal guardians, and ask questions about things you do not understand. Children under 13 should get their parent's or legal guardian's permission before providing their email address or other personal information to Big Red Frog or to anyone else on the Internet.

Our Privacy Policy

  1. Who is Big Red Frog?
    Big Red Frog is the name we use to describe the Big Red Frog group of companies that provide entertainment and educational products and services. The Big Red Frog group of companies includes Big Red Frog Limited, Big Red Frog TV Limited, Big Red Frog (Australia) Pty Ltd and Big Red Frog TV (Australia) Pty Ltd.
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  3. What is "personal information"?
    "Personal information" means information that identifies you or by which your identity can be reasonably determined, such as your name, email address or telephone number.
     
  4. Why do we collect personal information?
    We collect personal information to provide you with products and services, to fulfil related administrative functions (eg billing), to enter into contracts with you or third parties, to administer competitions and for marketing and customer relationship purposes. If we cannot collect or use your personal information, we cannot do these things.
     
  5. How do we collect personal information?
    Usually we will collect your personal information directly from you, but sometimes we will use our agents or contractors to collect your information and provide it to us. If someone orders a product or service from us and asks us to send it to you, then we will collect your personal information from that person.

    Collection can occur in a number of different ways, such as when you complete an online form, call our service centre or write to us.

  6. What sort of information is collected?
    We only collect information that is necessary for us to perform our functions. The kinds of personal information we collect will depend on the products and services you request from us. Typically this includes your name, contact details and payment information. We generally do not collect sensitive information (information relating to your racial origin, political opinion, religious beliefs, professional or trade association membership, sexual preferences, criminal history and health information).
     
  7. Do we disclose your personal information?
    We may disclose your personal information to our agents and contractors who help us to provide and market our products and services to you, or who administer or provide prizes for competitions. If we do this we generally require these parties to protect your information in the same way we do. By providing us with your personal information, you consent to receiving marketing and promotional material from us and our agents and contractors.

    We have offices, agents and contractors around the world who help us do business, so your information may leave the country you reside in. We will also disclose your information if we are required to do so by law, or to enforce an agreement we have with you.

    Under no circumstances will we sell your personal information to someone else.

    In the event you receive marketing material from us or our agents or contractors and you do not wish to receive any further material, you may remove your details from our mailing list by notifying our privacy officer as set out at the end of this document.

  8. Is my personal information secure?
    The security of your personal information is a priority for Big Red Frog. We take physical and electronic security measures to safeguard your personal information from loss, misuse, unauthorised access, modification or disclosure. This includes restricting access to personal information, entering into confidentiality agreements with third parties that may have access to your personal information, and using up-to-date technological protection measures.
     
  9. Can I access the personal information Big Red Frog holds about me?
    You may access most personal information we hold about you, and if we deny access in some circumstances we will tell you why.
     
  10. What information is collection about my use of the site?
    We may collect certain non-personal information (eg the identity of your Internet browser, the type of operating system you use, your IP address and the domain name of your Internet service provider) to optimise our products and services including our web site for your computer. This information will not be used to identify you personally.
  11. What are cookies and how does Big Red Frog use them?
    We may use 'cookies' to collect information and personalise your experience on our site. The process involves the sending of a small text file from our site that is saved on your computer to remember your preferences. If we use cookies, they will not have the ability to identify any personal information otherwise disclosed in this Privacy Policy. By using cookies we can understand site usage and improve the content and offerings on our site. If you wish to disable cookies from being sent to your computer, you can do so in your browser's settings, although your browser might then be unable to access certain areas of this site that require this functionality.
     
  12. Does Big Red Frog collect of information from children?
    We will not knowingly collect, use or disclose personal information about a child under 13 without their parent's consent, except in limited circumstances. If we know that a child has provided us with their personal information, we will seek to obtain their parent's consent before we use that information. If we do not receive their parent's consent within a reasonable time, we will delete the child's personal information.

    A parent can consent to our collection and use of their child's information, but not consent to its disclosure to third parties. In that case, because we rely on third parties to perform many of our business functions, we may not be able to provide the information, products or services the child has requested.

    The circumstances in which we may collect and use a child's personal information without their parent's consent include to respond to one-time requests from the child, or to provide the child with regular information (eg a newsletter) which they subscribe for. However, in the latter case we will ask the child to provide us with their parent's email address so that we can notify the parent and give him or her the option of preventing further use of the child's information.

    We will not collect more information from the child than is necessary. The types of information we collect, the uses we make of it and the third parties we may disclose it to are set out elsewhere in this Privacy Policy.

    Parents can review their child's personal information that we collect, and can ask to have it deleted or refuse to allow any further collection or use of their child's information, by contacting our privacy officer as set out at the end of this document.

    In this Privacy Policy, "parent" includes legal guardian.

  13. Does this policy change?
    We regularly review our Privacy Policy as our business evolves, and to comply with changes in the law. Our current Privacy Policy is available from this site. If we make material changes to our Privacy Policy, we will notify you of the changes by one or more means including by sending you an email or by posting a notice on our website detailing the changes. The date our Privacy Policy was last updated is shown at the top of this page.
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