We are delighted to welcome you to our App and hope you have fun reading, using and interacting with the content that we offer! Remember to always ask your parent or guardian before using this App. These are the terms and conditions on which we offer comics and different other content on our Comixit app (available on the Apple App Store and the Google Play Store) (App) to you.
Please put on your reading hats and go through these terms carefully before you subscribe to read content on our App. These terms tell you who we are, how we will provide our content and App to you, how you and we may change or end our contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please email us. We would be delighted to hear any thoughts you may have.
If you are a parent or guardian and you provide your consent to your child's registration with any of our websites or App, you agree to be bound by these terms of use in respect of their use of our websites or App.
Who we are. We are Fable Technologies Limited a company registered in England and Wales. Our company registration number is 16200072 and our registered office is at Sheffield Technology Parks Cooper Buildings, Arundel Street, Sheffield, England, S1 2NS.
How to contact us. You can contact us by emailing us at community@comixit.app
How we may contact you. If we have to contact you we will do so by writing to you at the email address you provided to us at registration.
How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the App subscription. This might be because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the content or subscription.
Your order number. We may assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
Products may vary slightly from their pictures. The images of the content on our website or App are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the content. Your content may vary slightly from those images.
Content Sharing. Content sharing shall only be allowed through the tools and mechanisms provided within the App, updated from time to time. You must not share any content outside of our App.
Permitted use and restrictions. You must not use the App: (a) in any unlawful, unfair or improper manner, for any unlawful purpose, or to act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the App or any operating system used by the App, (b) in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users, (c) to collect or harvest any information or data from the App or our systems or attempt to decipher any transmissions to or from the servers running the App, (d) to send, knowingly receive, upload, download, use or re-use any material which does not comply with these terms, or (e) to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
Download security. You agree that any responsibility for download security shall stay with the relevant App Store.
Minor changes to our content and App. We may change our content or App:
Updates to the App. We reserve the right to update (including the addition or removal of any features) or require you to update the App to ensure your use of the App is not affected by any technical or functionality issues. This may include a temporary loss of access due to any technical maintenance activities undertaken by us. If this issue persists or you are unhappy, please refer to your rights below in Clause 9 in unsubscribing and terminating this agreement.
When we will provide the content. We will supply the digital content to you until the subscription expires or you end the contract as described in Clause 9 or we end the contract by written notice to you as described in Clause 11.
We are not responsible for delays outside our control. If our supply of the content is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event.
Reasons we may suspend the supply of content to you. We may have to suspend the supply of a product to: (a) deal with technical problems or make minor technical changes; (b) update the product to reflect changes in relevant laws and regulatory requirements; (c) make changes to the product as requested by you or notified by us to you (see Clause 5); (d) stop users who have, or seek to exploit, undermine, or otherwise cause damage or harm to us, the App or other users; or (e) for any other reason reasonably required for us to comply with our obligations pursuant to these terms (including, without limitation, any user generated content in breach of Clause 7).
We may also suspend supply of the content if you do not pay. If you do not pay us for the subscriptions when you are supposed to (see Clause 6.3) and fail to make payment within 7 days of us reminding you that payment is due, we may suspend supply of the content until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the content. We will not charge you for the content during the period for which they are suspended.
You must not upload or share the following content on the App:
You can report or complain about the following content and behaviours:
You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out in this Clause 9.2 below the contract will end immediately and we will refund you in full for any content which have not been provided. The reasons are:
When you don't have the right to change your mind. You do not have a right to change your mind in respect of the subscription after you have started to download, open or read any of the content available on the App.
How long do I have to change my mind? You have 14 days after the day we email you to confirm we accept your order, or, if earlier, until you start downloading or reading. If we delivered the content in the App to you immediately, and you agreed to this when ordering, you will not have a right to change your mind.
Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind (see Clause 9.1), you can still end the contract before it is completed. A contract for digital content is completed when the product is delivered, downloaded or streamed and paid for. If you want to end the contract in these circumstances, just contact us to let us know. The contract will not end until 1 calendar month after the day on which you contact us. We will refund any advance payment you have made for content which will not be provided to you. For example, if you tell us you want to end the contract on 4 February we will continue to supply the product until 3 March. We will only charge you for supplying the product up to 3 March and will refund any sums you have paid in advance for the supply of the product after 3 March.
Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
How we will refund you. We will refund you the price you paid for the subscription by the method you used for payment as soon as possible, and in any case, within 14 days of you telling us you have changed your mind.
We may end the contract if you break it. We may end the contract for a product at any time by writing to you if you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due.
Furthermore, we reserve the right to change, edit, suspend delete and/or cancel any part of the App and/or your access to it at any time with or without notice to you: (a) if required by law, (b) due to an event beyond our control, or (c) as a result of changes, cancellations or revocation of approval by any applicable App Store Provider.
We may withdraw the product. We may write to you to let you know that we are going to stop providing certain content. We will try to give you advanced warning where practicable in advance of our stopping access to any content.
If you have any questions or complaints about the product, please contact us. You can email us at community@comixit.app
Where to find the price for the product. The subscription price for the App (which includes VAT) will be the price indicated on the order pages when you placed your order. We will use reasonable care to ensure that the price of the product advised to you is correct. However please see Clause 13.3 for what happens if we discover an error in the price of the product you order.
We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the subscriptions we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order.
When you must pay and how you must pay. We accept payment with the payment methods and providers identified on our website or App, as updated from time to time. You must pay for the App subscription before you download, use or read the content.
What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know.
We provide the App on an "as is" and "as available" basis. We make no guarantee that the App will be uninterrupted, error free, or free from viruses or other harmful components. While we take reasonable precautions to prevent the existence of computer viruses and/or other malicious programs, we accept no liability for them. We also make no promises or guarantees, whether express or implied, that the content in the App is accurate, complete or up-to-date. To the extent permitted by law, we exclude all conditions, warranties, representations or other terms, which may apply to the App, whether express or implied.
We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by negligence; for fraud or fraudulent misrepresentation; or for any other liability which may not be limited or excluded by law.
When we are liable for damage to your property. If defective digital content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update 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.
Except for where we are liable under Clause 14.2, our total liability to you for any claims arising out of or in connection with these terms and our App, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall not exceed the total subscription price paid by you to us for your use of the App during the 12 months immediately preceding the event giving rise to the claim.
We are not liable for business losses. We only supply the content for domestic and private use. If you use the content for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We will only use your personal information as set out in our [LINK TO PRIVACY POLICY].
Your use of the App is subject to these terms and any terms, rules or policies of any app store provider and/or operator ("App Store Provider") from whom you have downloaded the App ("App Store Terms"). In the event of any conflict between our App Terms and Conditions and any App Store Terms, the App Store Terms will prevail. You and we acknowledge and agree that, if you have downloaded this app from the Apple AppStore, Apple, and Apple's subsidiaries, are third party beneficiaries under these Terms and Apple will have the right to enforce these Terms against you directly. This includes Apple's End User License Agreement, as updated from time to time which are incorporated into these terms and references to "End-User" shall mean you and references to You" shall mean us.
We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation and will notify you in writing if we do so.
You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms.
If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the content, we can still require you to make the payment at a later date.
Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the content in the English courts. If you live in Scotland you can bring legal proceedings in respect of the content in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the content in either the Northern Irish or the English courts.
Changes to these terms. We may amend or add to these terms from time to time and will aim to notify you of any such changes.
Thank you for reading these terms and we look forward to welcoming you to our App!