Terms and Conditions

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Terms and Conditions 2017-07-20T08:33:19+01:00

Terms & Conditions

Description

This website is operated by Aspa Media Ltd “Aspa Media” to sell its range of educational mobile apps sold under the brand name Spell Aid. Throughout the site, the terms “we”, “us” and “our” refer to Aspa Media Ltd, a company registered in England and Wales, refers to the owner of the website whose registered office is 5 Mothers Square, London E5 8TT. If you have any questions or concerns please refer to our frequently answered questions (FAQs). If the FAQs do not address your questions please do not hesitate to contact us, by Email – info@aspamedia.com “website” means a site on the World Wide Web located at www.spellaid.co.uk.

Aspa Media offers this website, including all information, tools, products, applications and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

“you” and “your” means the person who wishes to use the website, including all information, tools, products, applications and services available from this site.

Aspa Media reserve the right to change these Terms at any time, effective immediately upon posting on the site. You should check this page from time to time to ensure that you are happy with any changes. This policy is effective from 17/July/2017. If you continue to use our services after our Terms & Conditions changes you will be bound by those changes. If you violate the terms of use, Aspa Media may terminate your use of the site, bar you from future use of the site and/or take appropriate legal action against you.

Use of website and services

Unless otherwise stated, the past, present and future content of the Site and Spell Aid mobile application software  (including without limitation, software graphics, text, images, designs, compilations, databases, targeting information, and the trademarks, logos, domain names, trade names, service marks, trade identities; any and all copyright material (including source and object code); and all other materials related to the Site and the Spell Aid mobile application software  (the “Content”) is protected by applicable copyrights, trademark rights, database rights and other proprietary rights. Aspa Media Ltd (and/or our licensors) own the Content. Other than as expressly permitted in these Terms no rights (whether by implication, or otherwise) in or to the Content are granted to you.

Subject to strict compliance with these Terms, we grant you a limited, personal, non-exclusive, non-commercial, revocable, non-assignable and non-transferrable licence to: use the Site and (subject to valid registration) the Spell Aid mobile application software.

Registered users

Access to certain areas and services of the Site and Aspa Media Service (including access to and use of the Spell Aid mobile application software) is restricted to registered customers.

You must be aged 12 or over to become a registered user and you warrant that you have the capacity to understand, agree and adhere to these Terms. Furthermore, if you are under the age of 18, you must ask a parent or guardian for permission before you register for the Site.

Customers who have purchased our apps automatically become a registered user.  You will be required to provide us with information about yourself and you warrant that all the information you provide to us is true, accurate, fair and complete. SoundCloud, Facebook and Twitter services operate their own independent terms of use and privacy policies and you agree to comply at all times with such terms and policies when using their services in connection with the Site, Aspa Media Service or Spell Aid mobile application software.

We have the right but not the obligation to, at our sole discretion and without notice, remove any user content. Notwithstanding the foregoing, we do not have any obligation to check the accuracy or truthfulness of the User Content, nor to review or monitor such user content.

You agree to waive any moral or similar rights in any jurisdiction that you may have in and to any of the User Content, even if the User Content is modified, altered or changed in a way which is not agreeable to you.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

Aspa Media will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Aspa Media or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder.

Aspa Media has no obligation to monitor the Aspa Media Services. However, Aspa Media reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Aspa Media reserves the right to terminate your access to the Aspa Media Services at any time, without notice, for any reason whatsoever.

Third-party links

The Aspa Media Sites, website and Aspa Media Services may contain links to third party Web sites (“Linked Sites”). The Linked Sites are not under the control of Aspa Media and Aspa Media is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Aspa Media is not responsible for webcasting or any other form of transmission received from any Linked Site nor is Aspa Media responsible if the Linked Site is not working appropriately.

We are not liable for any damages or harm related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. We advise you review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

Submissions, feedback, comments

If, at our request, you submit certain specific submissions or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

Modifications to the products, service and price

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Aspa Media Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Aspa Media Service.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

Accessing the Site and services

We reserve the right to, at our sole discretion, withdraw, amend, modify or vary the services provided on the Site without notice. We will not be held liable if, for any reason, the Site or the Aspa Media Service is unavailable at any time or for any period. We may at our sole discretion, and without notice, restrict access for a period of time to all or part of the Site or Aspa Media Service.
You are responsible for making all necessary arrangements to ensure you can access the Site. We shall not be held responsible for any reduced functionality you may encounter as result of or in connection with accessing the Site through mobile services or any similar service currently known or developed in the future. We shall not under any circumstances be liable for any hardware or software such as soundcards and audio interfaces or for any charges in respect of wireless, Internet and/or mobile service providers or any other similar charges and fees.

We maintain, control and operate the Site from the United Kingdom and we do not represent that any of the Content is appropriate or available for use in other territories. If you access the Site from outside the United Kingdom you are solely responsible for compliance with all applicable local laws and regulations.

Privacy and personal

Any submission of personal information through the website is governed by the Aspa Media Privacy Policy and can be viewed at www.spellaid.co.uk/privacy-policy

Errors and inaccuracies

Occasionally there may be information on our site or in the Service that contains typographical errors, omissions or inaccuracies. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information.

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

Indemnification

You agree to indemnify, defend and hold harmless Aspa Media, its subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

Disclaimer of warranties and limitation of liability

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You use the Site, Aspa Media Service and Spell Aid mobile application software at your own risk. The Site, Aspa Media Service and Spell Aid mobile application software are provided “as is” and on an “as available” basis. The Content displayed on the Site and Spell Aid mobile application software is provided without any warranties as to its completeness or accuracy.
To the fullest extent permitted by law, Aspa Media (including its officers, employees and agents) expressly excludes conditions, representations, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; and any liability incurred by any user of the Site, Aspa Media Service or Spell Aid mobile application software, including, without limitation, any liability for:

  • loss of revenue, income, profits, contracts, business, goodwill, anticipated savings, reputation, data or information;
  • wasted management or office time; and
  • any other loss or damage of any kind, however arising and whether caused by tort (including, but not limited to, negligence), breach of contract or otherwise, even if foreseeable whether arising directly or indirectly.

Nothing in these Terms excludes or limits our liability for: (a) death or personal injury caused by our negligence; (b) the tort of deceit; or (c) any other liability which cannot be excluded or limited under applicable law.

Aspa Media is not responsible for any damage to any user’s computer hardware, computer software, or other equipment or technology including, but without limitation, damage from any security breach or from any virus, bugs, tampering fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction. Furthermore, we expressly disclaim any and all responsibility and liability for the conduct of any user of the Site, Aspa Media Service and Spell Aid mobile application software and for any User Content uploaded or broadcast by users.

Termination

We reserve the right at our sole discretion, at any time without liability and with or without prior notice to you:

  • to bring court proceedings against you for breach of contract or otherwise;
  • not to post any User Content on to the Site;
  • to remove, suspend or disable access to any User Content;
  • to suspend or revoke your account registration (where applicable) and your right to access and/or use the Site or Aspa Media Service; and
  • to make use of any operational, technological, legal, or other means available to enforce these Terms, including, without limitation, blocking specific IP addresses or deactivating your registration and/or user name and password (where applicable).

Notwithstanding the above, we will try to warn users that their access to the Site and/or their user account may be suspended or terminated.
You can terminate your account at any time by sending an email request to support@Aspa Media.com. This will remove your profile and other personal information from view and prevent you from accessing the Site and the Aspa Media Service as a registered user. Once your registration is terminated Aspa Media has the right but not the obligation to delete your account and any related User Content that you have uploaded, broadcast, shared or submitted using the Aspa Media Service.

User Content that you have uploaded, broadcast, shared or submitted using the Aspa Media Service may still appear on the Site even after your registration has terminated, Aspa Media shall have the right to use the User Content anywhere on the Site as we, in our sole discretion choose.

Contact

Questions about the Terms and conditions should be sent to us at info@aspamedia.com

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