These terms and conditions set out the basis upon which you can visit our website and regulate how it works.
By using our website, and when you obtain a service from us, you accept that you have read and understood and agree to comply with these terms and conditions, which include our privacy notice.
If you disagree with any part of these terms and conditions, please do not use our website.
AGREEMENT – when you visit the Site or use the service it offers, these Terms and Conditions apply.
They have 4 parts:
The following words have the following meanings:
|We, Us, Our||means Lingua4 Limited and whose registered address is Swift Cross Farm, Ripponden Old Lane, Ripponden, Sowerby Bridge HX6 4LQ.|
|Site, Website||means www.speekee.com.|
|You, Your||means a visitor to the Site or someone who wishes to use our Services.|
|Account||means the account we may require you to open, if you wish to use our Services.|
|Agreement||means the agreement you make with us, if you wish to become a User.|
|Cancellation Rights||means the cancellation rights you may have under the Regulations.|
|Consumer||means a consumer, as defined by the Regulations.|
|Content||means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of the Site.|
|Client||means any User purchasing our Services.|
|Fee||means the fee we charge you for using the Services.|
|IP||means Intellectual Property and all rights associated with the use of that Intellectual Property.|
|IPR||means Intellectual Property Rights and includes copyright (and related rights), designs, patents, trade marks, and all other intellectual property rights that may exist in anything that we may create or produce as part of the Services. This includes all such rights, whether they are registered or unregistered, and the rights to apply for renewals or extensions of those rights (where relevant).|
|Printables||means the printables shown on the Site|
|Regulations||Means the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013|
|Services||means the services we offer through the Site.|
|Term||means the term defined in the User Terms.|
|Terms and Conditions||means the terms and conditions contained herein.|
|User||means any person, school, firm or company using our paid for Services.|
These Terms and Conditions apply to anyone visiting the Site, whether you order from us or not.
1. YOU PROMISE US
You agree that:
You are over the age of 18 years.
You will have only one Account with us.
You will not pretend to be someone else when you use the Site.
If you link to another site through us, you will read their terms and conditions.
You will not use robots, spiders, scrapers or similar things on the Site.
You will not try to get around any things we put on the Site to stop or limit access to parts of it.
You will not do anything that might cause our systems to crash.
You will not steal the Site or any part of it for use in any other site or application.
You will not try to modify, translate, adapt, edit, decompile, disassemble or reverse engineer any of the systems we use.
You will not use our trademarks and/or designs and/or layout before asking us.
2. INTELLECTUAL PROPERTY
2.1 We and our business partners own all of the IP and IPR on the Site and in the Services. Neither the Site nor the Content may be copied, duplicated, reproduced, modified, sold or used, in any way, for any purpose without our written consent.
2.2 We will retain ownership of any and all IPR that may subsist in the Services. We will grant to you a royalty-free, non-exclusive licence to use the Services.
2.3 The licence granted under clause 2.2 will continue for the length of the Term or, if you are not a User for then only for as long as you are connected to the Site.
2.4 All trademarks and logos on the Site are our property (or those of our affiliates) and are protected, where we feel it necessary, by trademark, copyright and such other protection that we feel appropriate.
2.5 You may download and print any Printables for use, only with your own child/children and not for any commercial or other use whatsoever. None of the material contained in any Printable may be extracted, copied or otherwise used except as provided for in this clause.
3.1 We are not able to promise that the Site will work how you expect it to work. We have tried to make it function in a manner which we think will match your expectations, but we are unable to guarantee that it will.
3.2 We are not able to guarantee that the Site will work with your device or will be secure.
3.3 Whilst we take reasonable precautions to ensure the accuracy of information we publish on the Site, we cannot guarantee its accuracy and suggest that, if any information is important to you, you verify it independently.
3.4 Any advice we offer on the Site is only general in nature and may not apply to you. You must not rely on that advice when you make any decisions.
3.5 If using the Site causes your device issues, unless we have caused them deliberately or recklessly, we have no responsibility to put them right.
3.6 If you link to another site through the Site, you undertake to make sure that the other site is safe to do so. We have no control over the sites we link to, save those we specifically mention in these Terms
4.1 When using any forums we may put up on the Site you agree to abide by the following rules:
4.2 We have the absolute right to moderate all posts on the Site and to remove any post which we do not want.
4.3 When you submit a post you are warranting that you are the author of that post and that you own all rights associated with it and that we can repost it without paying or getting permission from anyone.
4.4 When viewing posts you accept that we are not the author and that any views expressed may not be our views.
4.5 If you see a post which you find objectionable, tell us as soon as you can and we will consider whether or not it should be removed.
4.6 It is your responsibility to keep your password secure and to remember it.
5. AVAILABILITY OF THE SITE
5.1 We never guarantee that the Site will be available all the time and, if it is not available for any reason, you cannot hold us responsible for anything you lose as a result.
5.2 We have the right to change the Site and the Services it offers, suspend it or stop it at any time, without compensating you.
6. LIMITATION OF LIABILITY
6.1 As far as we are allowed by law we deny liability for any loss of all kinds which you incur from visiting the Site. You use the Site at your own risk.
6.2 Nothing in these Terms and Conditions excludes or restricts our liability for death or personal injury resulting from any negligence, or fraud, on our part.
7. LINKS TO OTHER WEBSITES
7.1 Save for blog.speekee.com, we do not control any of the websites we link to and are not responsible for their content. We have no liability if you lose anything when using such a website.
7.2 We are not responsible for evaluating other sites to which we may link from the Site. We have no responsibility or liability for the actions, contents, products or services of other sites. You agree to read and review the terms and conditions and privacy policies of all sites we link to.
7.3 A link to another site does not mean that we endorse or recommend that site.
7.4 We can never guarantee that a link that we offer will work.
8. MODIFICATIONS TO THESE TERMS AND CONDITIONS AND THE SITE
8.1 These Terms and Conditions will change from time to time and we do not have the resources to let all our visitors know about the changes.
8.2 Each time you visit the Site, you agree to look at this page to see if we have changed any Terms and Conditions.
8.3 We may change the Site as often as we choose, and these Terms and Conditions will still apply to any changes we make.
9. DATA PROTECTION AND PRIVACY
You and we both agree to comply with the Privacy Notice which forms part of these Terms and Conditions.
10. NO WAIVER
No failure by us to enforce any provision in these Terms and Conditions will constitute a waiver of the right subsequently to enforce that provision or any other provision of these Terms and Conditions. Such failure will not be deemed to be a waiver of any preceding or subsequent breach and will not constitute a continuing waiver.
If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the rest of these Terms and Conditions and the remainder of the provision in question will not be affected.
12. THIRD PARTY RIGHTS
No person who is not a party to these Terms and Conditions has any rights under the Contracts (Rights of Third Parties) Act 1999.
13. FORCE MAJEURE
No party to these Terms and Conditions, and any Agreement made under them, shall be liable for any failure or delay in performing their obligations where such failure or delay results from any cause that is beyond the reasonable control of that party. Such causes include, but are not limited to: power failure, internet service provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the party in question.
14. ADDITIONAL TERMS
14.1 Operative Law – These Terms and Conditions and any Agreement under which they operate are made under the laws of England and Wales and that is the only jurisdiction which can govern it.
14.2 Partnership/Joint Ventures – We are not entering into a partnership or co-venture with you.
14.3 Effect – These Terms and Conditions supersede all previous Terms and Conditions and represent the entire understanding between you and us.
14.4 Time of the Essence – Time will not be of the essence in any part of these Terms and Conditions.
14.5 Notices – If either you or we need to give formal notice to the other it must be done by email to the address each of us gives to the other from time to time.
14.6 Entire Agreement – These Terms and Conditions contain the entire understanding between us.
1. A BINDING CONTRACT
1.1 A binding agreement, under the following terms, will come into existence, between you and us, as soon as we confirm to you that we have accepted you as a Client. That acceptance will be in the form of an email (“Acceptance Email”).
1.2 Until you receive the Acceptance Email, no contract exists between you and us and either you or we may cancel the request for the Services. In that event, we will refund all monies you have paid us, using the method by which you paid us.
1.3 On receipt of the Acceptance Email, if you are a Consumer, you are entitled to the Cancellation Rights which last for 14 days from the date of the Acceptance Email. If you are not a Consumer, the Agreement between us is not capable of cancellation.
2. WHAT YOU CAN EXPECT FROM US
2.1 We will provide the Services with reasonable skill and care, consistent with best practices and standards in the education profession, and in accordance with any information provided by us about the Services and about us.
2.2 We will make every reasonable effort to complete the Services on time but we will not be held responsible for any delays that might occur for any reason including (but not by way of limitation) the Site being unavailable for maintenance and/or repair reasons, ISP failure, equipment failure and staff shortages.
2.3 If we require information or action from you and you fail or delay in supplying it, or it is incomplete or otherwise incorrect, we will not be responsible for any delay caused as a result.
2.4 In certain circumstances, for example where there is a delay in you sending us information or taking some action, we may suspend the Services and will not be responsible for any loss or damage caused to you as a result.
2.5 If you do not pay us for the Services, we may suspend them, until you have paid all outstanding sums due. We will not be responsible for any loss or damage caused to you as a result.
2.6 If the subscription you have paid us is as a primary teacher or school, clause 2.5 of the General Terms is modified to the extent that you may download and print all any material on the Site, which comprises the Services but only for your use in the classroom, with pupils you are contracted by a school, college or other educational institution, to teach. You may not otherwise use such material.
2. WHAT WE EXPECT FROM YOU
2.1 You will use all reasonable endeavours to provide all information to us that is necessary for us to provide the Services.
2.2 We may, from time to time, issue reasonable instructions to you in relation to the Services and you agree to follow those instructions, you accept that we cannot be responsible if you suffer any loss or damage as a result of failing to follow our instructions.
2.3 If we require a decision, approval, consent or any other communication from you in connection with the Services, you will provide the same in a reasonable and timely manner.
2.4 Any delay in the provision of the Services resulting from your failure or delay in complying with any of the provisions of this clause shall not be our responsibility.
2.5 The IPR in the Services is valuable and your right to used it is limited to the licence given in clause 2 of the General Terms, you acknowledge that a breach of that clause could result in serious damage to our business and that money, alone, is not likely to be a sufficient solution. In the event of a breach of clause 2 of the General Terms, we may take injunctive or other action against you.
2.6 You agree not to use, and to delete from all of your equipment, any resources you have obtained from us pursuant to this Agreement, as soon as your subscription has expired or has been terminated.
3. FEES AND PAYMENT
3.1 You will pay us the Fee in advance.
3.2 If any Fee is unpaid by the date it is due, we may cancel our Agreement with you or suspend the Services, and we will not be liable for any loss or damage you suffer as a result.
3.3 If we agree to continue to supply the Services, whilst you owe us the Fee or any part of it, we may charge interest upon it at the rate 8% above the base rate, from time to time, of Barclays Bank plc (or any other bank we may, reasonably substitute for it) from the due date to the actual date we are paid.
4.1 If you want to buy our Services, you must have an Account
4.2 When you create an Account you promise that:
4.3 We may close your Account if you break these Terms or if there has been no activity on the Account for 12 months and you do not reactivate the Account after we have requested that you do so.
4.4 If you do anything which we think might be fraud, we have the right to report those actions to the Police, to cancel the Agreement and the money standing to the credit of your Account may be kept by us to cover the costs we are put to in dealing with your fraud.
4.5 If you change your email address at any other time you must tell us.
4.6 You can cancel your Account with us at any time; all you need to do is to email us at email@example.com
5. LIMITATION OF LIABILITY
5.1 We deny, as far as we are legally able, all liability for any losses you may incur whilst using the Site
5.2 In any event, we are not responsible for indirect losses which are not foreseeable by you and us (such as loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time) however arising and whether caused by tort (including negligence), breach of contract or otherwise.
5.3 We have no liability for compliance with any laws, regulations or rules which apply to the country in which you use the Services. You agree that all responsibility relating to the legality, in the jurisdiction in which you use the Services) of any products or services you acquire from us lies with you and you alone.
5.4 Nothing in these Terms limits our liability:
5.5 Nothing in these Terms and Conditions is intended to or will exclude, limit, prejudice, or otherwise affect any of our duties or obligations to you, or your rights or remedies, or our liability to you, as a Consumer, under:
5.5.1 the Consumer Rights Act 2015;
5.5.2 the Regulations;
5.5.3 the Consumer Protection Act 1987; or
5.5.4 any other consumer protection legislation
as that legislation is amended from time to time.
6.1 We have the right to end our Agreement with you immediately and by email and to refuse you the use of the Services, if you break any of these Terms and Conditions.
6.2 You may cancel the Services, at any time, by giving us at least 30 days’ notice but all Fees unpaid at that time and for the balance of the Term will remain due and payable.
6.3 We may cancel our Agreement with you, at any time, without notice or reason, and in that event, we will refund to you any unused portion of the Fee. We will have no liability to you, of any nature, save for refunding the unused portion of the Fee, on such cancellation or removal.
7. EFFECTS OF TERMINATION
Upon the termination of this Agreement for any reason:
7.1 any sum owing by either party to the other under any of the provisions of this Agreement shall become immediately due and payable;
7.2 all Clauses which, either expressly or by their nature, relate to the period after the expiry or termination of this Agreement shall remain in full force and effect;
7.3 termination shall not affect or prejudice any right to damages or other remedy which the terminating party may have in respect of the event giving rise to the termination or any other right to damages or other remedy which any party may have in respect of any breach of this Agreement which existed at or before the date of termination;
7.4 subject as provided in this clause 7 and except in respect of any accrued rights neither party shall be under any further obligation to the other;
7.5 the IPR licence granted under sub-Clause 2 shall terminate and you will forthwith cease to use, either directly or indirectly, any such IPR, and shall forthwith return to us any such material in its possession or control
The Agreement is personal to you and us and you may not assign, mortgage, charge (otherwise than by floating charge) or sub-licence or otherwise delegate any of your rights hereunder, or sub-contract or otherwise delegate any of your obligations hereunder without our written consent.
9.1 If you are a Consumer you have a statutory right to cancel your Agreement with us up to 14 days after the Agreement has been formed. You may cancel the Agreement with us for any reason under this right.
9.2 As we provide a 14 day period during which you can use the Services at no charge, this will count as the period for clause 9.1. If you wish to cancel, just tell us that you want to do so, within that period, and we’ll not take your subscription and we will cancel your Account.
9.3 If you wish to exercise your right to cancel under this clause, you must tell us as soon as possible. You may do so in any way that is convenient for you. Please ensure that you tell us of your decision to cancel before the period in sub-clause 9.1 expires (note that the cancellation period is defined as whole calendar days. You may contact us by email on firstname.lastname@example.org
9.4 Any refund to which you may be entitled under this clause will be issued to you no later than 14 calendar days after the date on which you tell us that you wish to cancel.
9.5 Refunds under this Clause 9 will be made using the same payment method you used when making payment to us.
9.6 Should you wish to cancel the Agreement, after the period referred to in clause 9.1 or (if you have chosen to ignore your right to cancel), clause 6 will apply.
Last updated 30 December 2020