Terms & Conditions
By downloading the music or using the app, these terms will automatically apply to you – you should make sure therefore that you read them carefully before using the app. You’re not allowed to copy, or modify the app, any part of the app, or our trademarks in any way. You’re not allowed to attempt to extract the source code of the app, and you also shouldn’t try to translate the app into other languages, or make derivative versions. The app itself, the music and all the trade marks, copyright, database rights and other intellectual property rights related to it, still belong to Tibor Levay.
Tibor Levay is committed to ensuring that the app is as useful and efficient as possible.
The Preemie Music Therapy app stores and processes personal data that you have provided to us, in order to provide our Service. It’s your responsibility to keep your phone and access to the app secure. We therefore recommend that you do not jailbreak or root your phone, which is the process of removing software restrictions and limitations imposed by the official operating system of your device. It could make your phone vulnerable to malware/viruses/malicious programs, compromise your phone’s security features and it could mean that the Preemie Music Therapy app won’t work properly or at all.
You should be aware that there are certain things that Tibor Levay will not take responsibility for. Certain functions of the app will require the app to have an active internet connection. The connection can be Wi-Fi, or provided by your mobile network provider, but Tibor Levay cannot take responsibility for the app not working at full functionality if you don’t have access to Wi-Fi, and you don’t have any of your data allowance left.
If you’re using the app outside of an area with Wi-Fi, you should remember that your terms of the agreement with your mobile network provider will still apply. As a result, you may be charged by your mobile provider for the cost of data for the duration of the connection while accessing the app, or other third party charges. In using the app, you’re accepting responsibility for any such charges, including roaming data charges if you use the app outside of your home territory (i.e. region or country) without turning off data roaming. If you are not the bill payer for the device on which you’re using the app, please be aware that we assume that you have received permission from the bill payer for using the app.
Along the same lines, Tibor Levay cannot always take responsibility for the way you use the app i.e. You need to make sure that your device stays charged – if it runs out of battery and you can’t turn it on to avail the Service, Tibor Levay cannot accept responsibility.
With respect to Tibor Levay’s responsibility for your use of the app, when you’re using the app, it’s important to bear in mind that although we endeavour to ensure that it is updated and correct at all times, we do rely on third parties to provide information to us so that we can make it available to you. Tibor Levay accepts no liability for any loss, direct or indirect, you experience as a result of relying wholly on this functionality of the app.
Your use of the Site, Products or Applications and any dispute arising out of your use of it is subject to the laws of South Africa. You irrevocably and unconditionally submit to the jurisdiction of the Courts of Johannesburg, SA, for determining any dispute concerning the Terms. Each party must at its own expense do everything reasonably necessary to give full effect to these Terms and the events contemplated by it.
Our Site, Products or Applications are not an attempt to practice medicine or provide medical advice. It is not to be used or relied on for any diagnostic or treatment purposes. Use of this Site, Products or Applications does not establish a doctor-patient relationship. They should not be used as a substitute for professional diagnosis and treatment. Any health information in the Site, Products and Applications, whether provided by Preemie Music Therapy, or by contract from outside providers, is provided simply for your information and convenience. The Site, Products and Applications are intended for general information purposes only. They do not take into account your own personal circumstances. They are not intended to be advice, they are not intended to be relied upon and they are not a substitute for professional medical advice based on your personal circumstances.
The Site, Products and Applications may support the relationship between you and your healthcare provider, but are not intended to replace it. They should not be used as a substitute for professional diagnosis and treatment. If you suffer from any health conditions please consult with your health practitioner prior to using the Products and Applications.
The Applications are designed to be used, laying or sitting down undisturbed. Do not listen to the Applications while you are driving a car or operating machinery, as they may make you feel drowsy or affect your concentration. While unlikely, it is possible that some people who use the Products or Applications may feel discomfort, unwell or anxious. These people have a risk of harm. If while using the Products or Applications, you feel discomfort, unwell or unusually anxious at any time, please stop the exercise immediately and speak to your health practitioner for approval to continue, before continuing.
Do not make changes to any current treatments or medications you are using without referring to your health practitioner. We are not liable or responsible for any actions taken due to you having used, read or been told about the Site, Products and Applications. In particular, to the fullest extent permitted by law, we give no representation or warranties about the accuracy, completeness, or suitability for any purpose of the information, other materials and information published on the Site, or in any Products and Applications.
At some point, we may wish to update the app. The app is currently available on Android & iOS – the requirements for both systems(and for any additional systems we decide to extend the availability of the app to) may change, and you’ll need to download the updates if you want to keep using the app. Tibor Levay does not promise that it will always update the app so that it is relevant to you and/or works with the Android & iOS version that you have installed on your device. However, you promise to always accept updates to the application when offered to you, We may also wish to stop providing the app, and may terminate use of it at any time without giving notice of termination to you. Unless we tell you otherwise, upon any termination, (a) the rights and licenses granted to you in these terms will end; (b) you must stop using the app, and (if needed) delete it from your device.
Basis of Sale
These Terms and your order set out the whole agreement between you and us for the supply of the Products and Applications. A contract begins on the date that you make your purchase or use our Products or Applications (whichever is first), and continues unless and until the contract is terminated in accordance with the Terms.
By purchasing our Products or Applications, you warrant that you are legally capable of entering into binding contracts; you are at least 18 years old or if you are under 18 years old then you have the consent of your parent or guardian; all registration information you submit is truthful and accurate; you will maintain the accuracy of such information; and your use of the Site, our Products or Applications does not violate any applicable law or regulation.
We accept payments through PayPal and Payfast. When processing payments, some of your data will be passed to PayPal and or Payfast, including information required to process or support the payment, such as the purchase total and billing information.
The price of our Products or Applications and payment methods are set out at the place of purchase. All transactions on our Site or elsewhere are processed in the currency specified at the time of transaction In the absence of fraud or mistake, all payments made are final and you shall not have the right to cancel your purchase for any reason and further you agree to satisfy all such payments made, with exception to action taken under the Refund Policy set out below.
If you make a payment by credit card, you warrant that the information you provide to us is true and complete, that you are authorised to use the credit card to make the payment, that your payment will be honoured by your card issuer, and that you will maintain sufficient funds in your account to cover the purchase price.
Nothing prevents us from taking any action necessary to recover any unpaid purchase price. If you fail to pay, your information will be passed on for collection and or legal action. You acknowledge and agree that you are liable for and will pay all costs including debt collection, commission, solicitor’s fees and any out of pocket expense. If you at any time exceed our payment terms and as a result are passed on for collection and or legal action, we may place a default against you with a credit reporting agency.
Our pricing structure or payment methods may be amended from time to time in our sole discretion.
(a) Our Products and Applications to consumers come with consumer guarantees under applicable local consumer law that cannot be excluded.
(b) If a Product or Application to a consumer fails to meet one or more of the consumer guarantees, you are entitled to a remedy. If the problem is small and can be fixed, this may mean using a further Application to rectify the problem, a replacement product, or in some circumstances compensation for consequential loss. If the problem is major or cannot be fixed, a consumer can choose to obtain a full refund, a replacement product, or seek compensation for the difference between the value of our Products and Applications provided compared to the price paid.
(c) To the full extent permitted by law, we exclude all representations, warranties or terms (whether express or implied) other than those expressly set out in these Terms and required under applicable local consumer law.
(d) Our maximum liability to you or any third party is limited to the cost of the Application or Product that you have purchased.
Changes to This Terms and Conditions
We may update our Terms and Conditions from time to time. Thus, you are advised to review this page periodically for any changes. We will notify you of any changes by posting the new Terms and Conditions on this page.
These terms and conditions are effective as of 2021-03-01