Welcome to GingerGoat Read-A-Mations™!
These Terms of Service (“Terms”) are an agreement between you and GingerGoat Publishing (“GingerGoat,” “we,” “us,” or “our”) governing your use of our digital reading and animation platform that provides individuals, families, and schools with a streaming library of GingerGoat Read-A-Mations™ (our proprietary animated children’s stories).
GingerGoat Read-A-Mations™ is provided through our applications (“Apps”), any related devices or products that integrate with our service (“Products”), our websites and online channels (collectively, the “Services”).
By accessing, installing, downloading, or using the Services in any manner, you accept and consent to these Terms and all documents incorporated by reference, on behalf of yourself and any legal minor (“child”) you allow to use the Services through your account. If you are a Parent or School (defined below), then “you” includes both you and any child you permit to use the Services through your account (unless the context requires otherwise).
These Terms include important disclaimers of liability, limitations of liability, and rules about how disputes may be resolved. Please read them carefully.
If you have any questions about these Terms, please contact us using the contact details provided in the Apps or on our website.
“Read-A-Mation™” and “GingerGoat Read-A-Mations™” are trademarks of GingerGoat Publishing.
The Services are designed for children to use under the supervision of the child’s parent or legal guardian (in each case, the “Parent”) or through an educator or administrator of a school, school district, local education authority, or other organisation (collectively, “Schools”).
To be eligible to create an account and subscribe to the Services (an “Account Creator”), you must:
Be at least 18 years of age (or the age of majority in your jurisdiction);
Be physically located in a jurisdiction where we offer the Services and where use of the Services complies with applicable laws; and
Agree to and comply with these Terms at all times.
Children may only access GingerGoat Read-A-Mations™ through an Account Creator’s account, whether that Account Creator is the child’s Parent, School, or another authorised adult. Account Creators may create multiple profiles under their account for children and other users, subject to the eligibility requirements in this section.
You accept these Terms on your own behalf, and on behalf of any child you allow to use the Services, by:
Clicking to accept or agree to the Terms where this option is presented;
Creating an account;
Clicking “sign up” or any similar mechanism; or
Downloading, accessing, or using the Services in any manner.
If you do not agree to these Terms, you must not access or use the Services, and you must not allow your child or learners to use the Services.
Any additional, separate terms that apply to the Services or to specific features (for example, subscription terms, promotional terms, or feature-specific terms) are incorporated into and form part of these Terms.
GingerGoat reserves the right, in its sole discretion, to remove any user, delete any account, or restrict access to the Services for failure to comply with these Terms or any eligibility requirements, or for any other reason, with or without notice to you.
By accessing the Services, you represent and warrant that you and any child you allow to use the Services meet the eligibility criteria set out in these Terms. If you are not eligible or do not adhere to these Terms, you must not use the Services. We may suspend or terminate your access to the Services without notice if we discover or reasonably suspect that you do not meet these requirements.
The relationship between you and GingerGoat under these Terms is that of independent contracting parties. Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship.
If you are an Account Creator and you permit a child to use the Services through your account, you represent and warrant that:
You have the legal authority to agree to these Terms and to consent to the child’s use of the Services;
You agree to be bound by these Terms on your own behalf and on behalf of the child;
You are solely responsible for obtaining any consent or authorisation required under applicable law for the child to use the Services; and
You take full responsibility for the child’s activities on and through the Services.
Each Parent or School is solely responsible for supervising and monitoring the child’s use of the Services and the content accessed by the child.
If you use the Services in a School setting, you acknowledge and agree that:
GingerGoat may act as a “school official” or “operator” or “processor” as those terms are used in applicable education and privacy laws, with a legitimate educational interest in processing learner information solely to provide and support the Services;
GingerGoat will handle learner information in accordance with our Privacy Policy and applicable law; and
Each School is responsible for compliance with all laws, regulations, and internal policies that apply to the School’s use of the Services. GingerGoat is not responsible for a School’s non-compliance with such laws.
By downloading, installing, accessing, using, and providing information to or through the Services, or permitting your students (“Students”) to do so, you as a School:
Confirm that you have read and agree to the GingerGoat Privacy Policy;
Consent to GingerGoat’s handling of School and Student Personal Information in accordance with that Privacy Policy;
Represent and warrant that any information you submit to us is truthful, accurate, and kept up to date; and
Accept sole responsibility for obtaining and managing any necessary privacy-related consents or permissions from Students and their Parents or guardians as may be required by law, our Privacy Policy, or your internal policies.
You further agree that GingerGoat may identify your School as a user of the Services for marketing or case study purposes (for example, by listing your School name and logo on our website), unless you request otherwise in writing.
Some users may experience fatigue, nausea, vertigo, or discomfort while using certain features of digital services. You are responsible for reviewing and following any safety notices provided with our Services or on your device.
In rare cases, exposure to certain light patterns or flashing images on a screen may trigger seizures in individuals who have epilepsy or may be prone to seizures, even if they have never had a seizure before. Taking regular breaks may help reduce these risks.
If you or a child experience dizziness, altered vision, eye or muscle twitches, loss of awareness, disorientation, or any other discomfort, stop using the Services immediately and consult a medical professional.
The Services are provided on a subscription basis (for example, monthly or annually).
If you sign up for a subscription for yourself or as a gift, you agree:
To pay the subscription fee shown at the time of subscription together with any applicable taxes, fees, or charges; and
That, where indicated, your subscription may automatically renew at the end of each billing period unless you cancel.
If we offer a free trial, details will be provided at the time of signup. At the end of the free trial:
Your paid subscription may automatically begin; or
Your access to the Services may end,
as described when you signed up for the trial.
In some cases, you may receive access to the Services through a GingerGoat corporate or institutional partner. In that case, these Terms still apply to your use of the Services, except that subscription fees may not be billed directly to you unless otherwise indicated.
From time to time, we may offer a “Lifetime” subscription option. A Lifetime subscription is a one-time payment for access to the Services for the duration of your natural lifetime, subject to these Terms.
A Lifetime subscription will terminate on the earliest of:
Your termination of these Terms or your account for any reason;
Our termination of these Terms for cause (for example, due to a serious breach of these Terms); or
Our discontinuation of Lifetime subscriptions as a product offering.
If we terminate a Lifetime subscription without cause, we will, at our discretion, offer a reasonable remedy, which may include a partial refund or alternative access, calculated with reference to the fees you paid and the period of access you have already received. Any such remedy will be your sole and exclusive remedy in relation to the discontinuation of your Lifetime subscription.
You agree to pay all fees and charges associated with your use of the Services. Unless otherwise stated:
Subscriptions will automatically renew at the end of each subscription term;
The payment method associated with your account will be charged at each renewal; and
The renewal term and price will be the same as your then-current subscription, unless changed or otherwise disclosed.
Fees will be presented in the currency displayed at the point of purchase. We may change prices or fee structures for future billing periods, but no change will affect amounts already paid.
Refunds, if offered, will be provided in accordance with our then-current refund policy, which may distinguish between monthly, annual, and Lifetime subscriptions. We may handle refunds at our discretion within reasonable timeframes.
You can update or cancel your subscription by adjusting your account settings or contacting us using the contact details in the Apps or on our website. Cancelling a subscription generally stops future renewals; it does not automatically entitle you to a refund for periods already billed, unless required by law or expressly stated otherwise.
You must maintain a valid payment method on file. You agree that:
We may charge your payment method for subscription fees, applicable taxes, and any permitted late fees or interest;
The payment information you provide is accurate and you are authorised to use that payment method; and
You are responsible for any unauthorised or fraudulent use of your payment method arising from your failure to keep your details secure.
If payment is not received on time or if we are unable to charge your payment method:
We may suspend or terminate your access to the Services; and
Where permitted by law, we may charge reasonable late fees or interest on overdue amounts.
If unpaid fees are referred for recovery, you may be responsible for reasonable collection costs as allowed by law.
The Services, including all content, features, and functionality (for example: information, software, Apps, source code, text, images, video, audio, designs, and their arrangement) are owned by GingerGoat, our licensors, or other rights-holders and are protected by copyright, trademark, and other intellectual property laws.
Using the Services does not give you ownership of any intellectual property rights in the Services or their content.
Subject to these Terms, GingerGoat grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to access and use the Services for your own personal, non-commercial use (or for a School’s internal educational use, as applicable).
The Services are licensed, not sold. Except as permitted by law or as expressly authorised in these Terms, you may not:
Copy, distribute, or publicly display the Services or any content;
Use any branding, logos, or trademarks displayed in the Services without prior written permission; or
Remove, obscure, or alter any copyright, trademark, or other proprietary notices.
“GingerGoat,” “GingerGoat Read-A-Mations™,” related logos, and associated trade dress are trademarks or registered trademarks of GingerGoat Publishing. Other trademarks that appear in connection with the Services are the property of their respective owners.
GingerGoat respects the rights of content owners.
If you believe any content on the Services is improper or infringes your rights, please contact us with:
A detailed description of the content and its location on the Services;
A statement that you have a good faith belief that the use of the content is not authorised;
A statement that you are the owner or authorised representative of the owner of the content;
Your contact details; and
A signed statement that the above information is true to the best of your knowledge.
We will review and respond as appropriate, which may include removing or disabling access to the content in question, where required or appropriate.
You are responsible for all activities conducted through your account. You agree that you will:
Use the Services in a respectful manner and in compliance with applicable laws and these Terms;
Provide truthful, accurate information and keep it up to date;
Take reasonable steps to keep your login credentials confidential and secure;
Notify us promptly of any unauthorised access or security breach relating to your account; and
Comply with our Privacy Policy and with the restrictions described in these Terms.
GingerGoat may temporarily or permanently suspend or terminate your access, or remove your account, if you violate these Acceptable Use provisions, abuse support channels or communications, or otherwise misuse the Services, in our sole discretion.
You and any child using your account must not engage in any of the following conduct:
With respect to content or materials on the Services, you must not:
Republish content in print, digital media, or on other websites or platforms;
Sell, rent, or sub-license content;
Publicly show or display content other than in a private, family, or classroom setting authorised under these Terms;
Reproduce, copy, or otherwise exploit content for commercial purposes;
Edit or modify content (other than as permitted by the Services);
Redistribute content except where expressly allowed; or
Use iframes, “screenscraping,” or similar techniques to reproduce any part of the Services on another site.
Use or attempt to use another user’s account without authorisation, or impersonate another person or entity.
Collect or harvest information about other users for any purpose, including sending unsolicited communications.
Upload or transmit any content or code that contains viruses, malware, or is designed to disrupt, damage, or limit the functionality of any system or data.
Post or transmit advertising, promotional materials, spam, or content that furthers or promotes criminal activity.
Infringe or violate the intellectual property, privacy, or other rights of any person or entity.
Violate any applicable laws or regulations, or encourage unlawful conduct.
Post or share content that is fraudulent, misleading, defamatory, obscene, harassing, hateful, discriminatory, or otherwise offensive or harmful.
Promote illegal or harmful activities, discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group.
Engage in conduct that is violent, threatening, or that encourages violence or harm.
Use the Services in any manner that GingerGoat, in its sole discretion, considers objectionable or that restricts or inhibits others from using or enjoying the Services, or that exposes GingerGoat or its users to harm or liability.
You must not copy, reverse engineer, translate, decompile, modify, or create derivative works of any portion of the Services, nor rent, sub-license, resell, or transfer the Services or any part of them, except where expressly permitted.
Attempting to circumvent or interfere with security features (for example, attempting to gain unauthorised access to systems or data) is strictly prohibited and may result in civil or criminal liability. GingerGoat may investigate suspected violations and cooperate with law enforcement where appropriate.
The above lists are examples and are not exhaustive.
To use the Services, you will need:
A compatible device (for example, a computer, tablet, or smart TV);
A reliable internet connection; and
Any other software or system specifications listed on the app store or relevant download page (“Software Requirements”).
From time to time, the Apps or Services may need to be updated to support new features or security improvements. The Services may also request certain device permissions (for example, notifications). You are responsible for any data or messaging charges that apply to your use of the Services.
If you are not the bill payer for the device used to access the Services, we assume you have obtained permission from the bill payer.
GingerGoat will use reasonable efforts to keep the Services available. However, there may be times when the Services are unavailable due to maintenance, technical issues, or circumstances beyond our control.
We are not liable for delays, interruptions, or other issues caused by your device, your internet or network provider, or factors outside our reasonable control.
We may, at our discretion, provide updates to the Services (“Updates”), which may include:
Upgrades, bug fixes, patches, or other corrections; and
New or modified features.
Updates may change or remove certain features. You agree that:
We are not obliged to provide any particular feature or Update; and
The Services or parts of them may not function properly if you do not install required Updates.
All Updates are part of the Services and subject to these Terms.
If we offer goods or additional services for purchase through the Services, such purchases will be subject to additional terms provided at the time of sale, which form part of these Terms.
Prices for goods or services may change prior to final payment. We reserve the right to correct mistaken price quotes before shipment or fulfilment of an order and to cancel orders with a full refund where a material pricing error has occurred.
To the fullest extent allowed by law, we provide tangible goods (or intellectual property fixed in a tangible medium) without any warranty of merchantability, fitness for a particular purpose, or non-infringement, unless expressly stated otherwise in writing or required by law.
Risk of loss for physical goods generally passes to you when we hand the goods to a carrier or postal service for delivery, using the delivery details you provide.
From time to time, the Services may allow Account Creators or end users to create, upload, submit, publish, display, or transmit content or materials (for example, profile names, comments, reviews, or uploaded images) (collectively, “Your Content”).
By creating or providing Your Content through the Services, you:
Represent that you are the creator or rights-holder of Your Content, or that you have all necessary rights and permissions to submit it; and
Grant GingerGoat (and our affiliates and service providers) a non-exclusive, worldwide, royalty-free, transferable, sublicensable licence to use, host, store, reproduce, adapt, modify, distribute, and display Your Content as reasonably necessary to operate, maintain, and improve the Services, to comply with legal obligations, and for other purposes to which you expressly agree.
Your Content remains yours, but you are solely responsible for it. All Your Content must comply with these Terms (including Acceptable Use and Prohibited Acts).
Your Content must not:
Misrepresent your identity or affiliation;
Seek to collect other users’ Personal Information;
Infringe any intellectual property, privacy, or other rights;
Seek to harm or exploit children;
Contain false, defamatory, obscene, harassing, discriminatory, or otherwise offensive or unlawful material; or
Violate any applicable laws or promote illegal activities.
GingerGoat does not undertake to monitor Your Content but may remove or delete it at any time if we consider it inappropriate, unlawful, or in breach of these Terms.
We are not responsible for storing Your Content. If you close your account or these Terms are terminated, we may permanently delete Your Content without liability to you, unless we are required by law to retain it for a period.
If you provide us with ideas, suggestions, proposals, or feedback relating to the Services (“Feedback”), you agree that:
GingerGoat may use such Feedback for any purpose, including developing and improving the Services; and
You grant GingerGoat a royalty-free, worldwide, transferable, sublicensable, irrevocable, perpetual licence to use the Feedback without restriction or obligation to you.
You confirm that your Feedback is not subject to any third-party rights or licence terms that would require products or services derived from the Feedback to be licensed or shared with any third party.
The Services may enable you to access third-party websites, apps, products, or services (“Third-Party Services”).
GingerGoat is not responsible for Third-Party Services and does not endorse them. Your use of Third-Party Services is solely between you and the relevant third party and may be subject to that party’s terms and privacy policy.
We are not liable for any loss or damage arising from your use of, or reliance on, Third-Party Services.
YOU USE THE SERVICES AT YOUR OWN RISK.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GINGERGOAT PROVIDES THE SERVICES ON AN “AS IS,” “AS AVAILABLE” AND “WHERE IS” BASIS WITHOUT ANY EXPRESS, IMPLIED, OR STATUTORY WARRANTIES, INCLUDING (WITHOUT LIMITATION) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
GINGERGOAT DOES NOT WARRANT THAT:
THE SERVICES WILL MEET ALL OF YOUR REQUIREMENTS;
THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; OR
DEFECTS WILL BE CORRECTED.
NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY GINGERGOAT CREATES ANY WARRANTY UNLESS EXPRESSLY CONFIRMED IN WRITING.
Some jurisdictions do not allow the exclusion of certain warranties. In those cases, some of the above exclusions may not apply to you, and your statutory rights will not be affected.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL GINGERGOAT BE LIABLE TO YOU OR ANY THIRD PARTY FOR:
ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES;
ANY LOSS OF DATA, REVENUE, PROFITS, USE, OR OTHER ECONOMIC ADVANTAGE; OR
ANY OTHER LOSSES OR DAMAGES OF ANY KIND,
ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE SERVICES WILL NOT EXCEED THE TOTAL AMOUNT OF FEES YOU PAID TO GINGERGOAT FOR USE OF THE SERVICES DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR, IF NO FEES WERE PAID, AN AMOUNT EQUIVALENT TO ONE HUNDRED US DOLLARS (US$100) OR THE NEAREST LOCAL CURRENCY EQUIVALENT.
If you do not believe these limitations are reasonable, you must not use the Services.
Some jurisdictions do not allow limitations of liability for certain types of loss; in such cases, some of the above limitations may not apply to you, and your statutory rights will not be affected.
You agree to indemnify and hold harmless GingerGoat, its affiliates, officers, directors, employees, service providers, and agents (collectively, the “GingerGoat Indemnities”) from and against any and all claims, losses, damages, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to:
Your breach of these Terms;
Your negligent or unlawful use of the Services;
Your violation of any applicable law or third-party rights; or
Your Content you post, store, or otherwise transmit in or through the Services.
GingerGoat may assume the exclusive defence and control of any matter subject to indemnification by you, in which case you agree to cooperate with any reasonable requests in assisting our defence.
You may close your account and cancel your subscription (“Termination”) at any time by following the account closure process in the Services or by contacting us.
Upon Termination:
All licences and rights granted to you under these Terms will immediately end; and
You must stop using the Services.
Your obligation to pay any accrued fees will survive Termination.
We may suspend or terminate your account and access to the Services at any time, with or without notice, if you breach these Terms or if we discontinue all or part of the Services. Where required by law, we will provide reasonable notice.
We aim to resolve concerns quickly and informally where possible.
Before taking formal legal steps, you agree to first contact us with details of your concern. We will try to resolve the dispute in good faith by communicating with you via the contact details associated with your account.
If a dispute cannot be resolved within 30 days after you first contact us, either party may pursue formal proceedings.
Unless otherwise required by applicable law, any legal proceedings arising out of or relating to these Terms or the Services shall be brought in the courts of the Republic of South Africa. You and GingerGoat agree to submit to the jurisdiction of those courts.
To the extent permitted by law, you agree to bring any claim against GingerGoat only in your individual capacity and not as a plaintiff or class member in any purported class, collective, or representative action.
These Terms are governed by and construed in accordance with the laws of the Republic of South Africa, without giving effect to any conflict of law principles.
To the extent permitted by law, any claim or cause of action arising out of or relating to your use of the Services must be brought within one (1) year after the claim arose, failing which it will be permanently barred.
GingerGoat is owned and operated from South Africa. We make no representation that the Services are appropriate or available for use in all locations. Access to the Services from territories where the Services are illegal is prohibited. If you access the Services from outside South Africa, you do so on your own initiative and are responsible for compliance with local laws.
Use of the Services is void where prohibited by applicable law. GingerGoat reserves the right to limit access to the Services or any part thereof to any person, geographic area, or jurisdiction at any time, in our sole discretion.
You may not assign, delegate, or transfer these Terms or your rights and obligations under them without our prior written consent. GingerGoat may assign or transfer these Terms without restriction, including in connection with a merger, acquisition, or sale of assets. Subject to the foregoing, these Terms bind and benefit the parties and their permitted successors and assigns.
These Terms, together with any additional terms incorporated by reference (including the Privacy Policy), constitute the entire agreement between you and GingerGoat regarding the Services and supersede all prior or contemporaneous oral or written understandings.
We may remove or disable your access to the Services, disable any username or password, or remove any of Your Content at any time, without notice, if we determine that your use of the Services is in violation of these Terms or otherwise objectionable.
We may investigate any suspected breach of these Terms and take any action we deem appropriate, which may include reporting to law enforcement authorities.
Our failure to enforce any right or provision of these Terms is not a waiver of that right or provision. If any provision of these Terms is found to be invalid or unenforceable, it will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.
We may provide notices to you under these Terms via:
Email to the address linked to your account;
In-App messages; or
Notices posted within the Services.
The date of receipt of any email notice will be deemed the date of transmission.
If you need to send formal notices to GingerGoat, please use the contact details provided on our website or in the Apps.
By creating an account, you may be asked to opt in to receive marketing communications via email (for example, newsletters, promotional offers, and updates). You can opt out at any time by following the unsubscribe instructions in those emails or by adjusting your communication preferences in your account settings, where available.
By accessing or using the Services, creating an account, or typing your name and clicking to accept any electronic form or agreement, you consent to:
Conduct business with GingerGoat electronically;
Receive all notices, disclosures, and records in electronic form; and
Enter into agreements and transactions using electronic signatures and records.
You agree that electronic signatures and records have the same legal effect as handwritten signatures and paper records, to the extent permitted by law.
You are responsible for maintaining your own copies of electronic records. If you wish to withdraw consent to receive electronic records or to request paper copies where required by law, please contact us. Transactions completed prior to such a request will remain valid.
To receive electronic records, you must have a suitable device, internet access, an active email address, and the ability to view common file formats such as PDF.
GingerGoat may revise and update these Terms from time to time at our sole discretion.
All changes are effective when posted and apply to all use of the Services thereafter. We may take reasonable steps to notify you of material changes (for example, via email or in-App notice), where required by law.
Your continued use of the Services after the updated Terms are posted means that you accept and agree to the changes. If you do not agree to the revised Terms, you must stop using the Services and may close your account.