Terms and Conditions



This agreement applies as between you, the User of Fluency Fix and Nejo Studios, the creator of the product Fluency Fix operating at fluencyfix.com.com. Your agreement to comply with and be bound by these Terms and Conditions and agreement is deemed to occur upon your first use of the Fluency Fix website or app. If you do not agree to be bound by these Terms and Conditions, you should stop using the Fluency Fix Website and Fluency Fix app immediately. No part of this Website or app is intended to constitute a contractual offer capable of acceptance. Your order constitutes a contractual offer and our acceptance of that offer is deemed to occur upon our sending a confirmation email to you indicating that you have registered as a user of Fluency Fix.


1) Definitions and Interpretation
In this Agreement the following terms shall have the following meanings:

Account:
means collectively the personal information, Payment Information and credentials used by Users to access Content and / or any communications System on the Website fluencyfix.com or any sub-domain of fluencyfix.com;
Plan: Means the subscription plan that the customer has selected
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 fluencyfix.com website;
Facilities:
means collectively any online facilities, tools, services or information that Nejo Studios makes available through the Website either now or in the future;
Services:
means the services available to you through this Website, specifically use of the Fluency Fix content;
Payment Information:
means any details required for the purchase of Services from this Website. This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes;
Premises:
Means Our place(s) of business.
System:
means any online communications infrastructure that Nejo Studios makes available through the Website either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
User / Users:
means any third party that accesses the Website fluencyfix.com and its subdomains, and is not employed by Nejo Studios and acting in the course of their employment;
Website:
means the website that you are currently using (www.fluencyfix.com) and any sub-domains of this site unless expressly excluded by their own terms and conditions.
App:
An app created by Fluency Fix that is downloaded through Apple's App store, Google's play store, or loaded directly on to a device by Fluency Fix or a user.
We/Us/Our:
means Nejo Studios, a registered Canadian company with Company registration
Number 260399860.

Age Restrictions

Persons under the age of 18 should use this Website or app only with the supervision and permission of an Adult. Payment Information must be provided by or with the permission of an Adult 18 years or older.

Business Customers

These Terms and Conditions also apply to customers procuring Services in the course of business.

2) Intellectual Property


2.1 Subject to the exceptions in Clause 5 of these Terms and Conditions, all Content included on the Website and app, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, testimonials, data, and page design is the property of Nejo Studios, our affiliates or other relevant third parties. By continuing to use Fluency Fix you acknowledge that such material is protected by applicable laws and International intellectual property and other laws.
2.2
Subject to Clause 6 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Fluency Fix Website or the Fluency Fix app unless otherwise indicated on the fluencyfix.com Website or unless given our express written permission to do so.

3) Third Party Intellectual Property


3.1
Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.
3.2
Subject to Clause 6 you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the fluencyfix.com Website or unless given express written permission to do so by the relevant manufacturer or supplier.

4) Fair Use of Intellectual Property


4.1)
Material from the Website may be re-used without written permission by members of the media if the content provides a usable embed code and or if less than 60 seconds of the content is used.


5)
Links to Other Websites

5.1) This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of Nejo Studios, or that of Our affiliates. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.


6) Links to this Website

6.1) Those wishing to place a link to this Website on other sites may do so only to the home page of the site www.fluencyfix.com without our prior permission. Deep linking (i.e. links to specific pages within the site) requires our express written permission. To find out more please contact Us through our contact us form.

7) Communication and use of Communications Facilities

7.1
The language of communication of Fluency Fix, and fluencyfix.com is English.
7.2
English will be used for product descriptions, terms and conditions, company information, privacy information, support chats, emails, site updates, contacts, emails to customers and pricing information and all other communications with customers.

For Canadian Customers, Email and chat support is provided in English and French.

7.3
When using any System on the Website you should do so in accordance with the following rules. Failure to comply with these rules may result in your Account being suspended or closed:
7.4
You must not use obscene, profane or vulgar language;
7.5
You must not submit or post content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
7.6
You must not submit or post Content to the site that is intended to promote or incite violence;
7.7
You must not submit or post content to the site related to or intended to promote any religion, spirituality, cause, lifestyle, health system, multi-level marketing opportunity, or business opportunity. You must not submit or post any content to the site that is sexually graphic, unsuitable for children, related to sex, related to dating, related to romance or suitable for adults only. You must not submit or post content to the site that is related to or intended to promote the use of drugs.
7.8
The means by which you identify yourself must not violate these Terms and Conditions or any applicable laws;
7.9
You must not impersonate other people, particularly employees and representatives of Nejo Studios, or Our affiliates; and
7.91
You must not use a false name or no name on your registration, subscription or account. The name in your account must match your legal name and the name, and or the name on your legal identification.
7.92
You must not use Our System for unauthorized mass-communication such as spam or junk mail.
7.93
You acknowledge that Nejo Studios, reserves the right to monitor any and all communications made to Us or using Our System.
7.94
You acknowledge that Nejo Studios, may retain copies of any and all communications made to Us via chat, email, telephone, video conference, Skype, video upload, Webinar or using Our System.
7.95
You acknowledge that any information you send to Us through Our System may be modified by Us in any way and you hereby waive your moral right to be identified as the author of such information. Any restrictions you may wish to place upon Our use of such information must be communicated to Us in advance and We reserve the right to reject such terms and associated information.

8) Accounts


8.1 In order to procure Services on this Website or app and to use certain other parts of the System, you are required to create an Account which will contain certain personal details and Payment Information which may vary based upon your use of the Website as We may not require payment information until you wish to make a purchase. By continuing to use Fluency Fix you represent and warrant that:
8.2 all information you submit is accurate and truthful;
8.3 you have permission to submit Payment Information where permission may be required; and
paying taxes in order to allow us to meet our legal requirements.

9) Orders and Provision of Services

9.1 No part of this Website or app constitutes a contractual offer capable of acceptance. Your order constitutes a contractual offer that We may, at Our sole discretion, accept. Our acceptance is indicated by Us sending to you an order confirmation email. Only once We have sent you an order confirmation email will there be a binding contract between Nejo Studios and you.
9.2 Order confirmations under sub-Clause 13.1 will be sent to you before the Services begin and shall contain the following information:
9.21 Confirmation of the Services ordered including full details of the main characteristics of those Services;
9.2.2 Fully itemized pricing for the Services ordered including, where appropriate, taxes, delivery and other additional charges; The tax rate applied to your order will depend on applicable tax laws and this will depend on your location and the time the order was placed.
9.2.3 Relevant times and dates for the provision of the Services;
9.2.4 User credentials and relevant information for accessing those services.
9.3 If We, for any reason, do not accept your order, no payment shall be taken under normal circumstances. In the event that a payment is taken and the payment lies with Nejo Studios, any sums paid by you in relation to that order will be refunded within 14 calendar days.
9.4 Payment for the Services shall be taken via your chosen payment method, immediately for any setup fee that corresponds to the service plan you purchased and at the same day of each subsequent month according to the billing cycle for charges accrued during the previous month AND/OR as indicated in the order confirmation you received.
9.5 We aim to fulfill your Order immediately or if not, within a reasonable period following your Order, unless there are exceptional circumstances. If we cannot fulfill your Order within a reasonable period, we will inform you at the time you place the Order by a note on the relevant web page or by contacting you directly after you place your Order.
9.6 Nejo Studios shall use all Our reasonable endeavors to provide the Services with reasonable skill and care, commensurate with best trade practice.
9.7 In the event that Services are provided that are not in conformity with your order and thus incorrect, you should contact Us immediately to inform Us of the mistake. We will ensure that any necessary corrections are made within five (5) working days.
Additional terms and conditions may apply to the provision of certain Services. You will be asked to read and confirm your acceptance of any such terms and conditions when completing your Order.
9.8 Nejo Studios provides technical support only via our online contact form or live chat. Nejo Studios makes every effort possible to respond to support requests within 24 hours during Canadian business hours (9am to 8pm EST),but we do not guarantee a particular response time.

10) Refunds

10.1) The Nejo Studios product Fluency Fix, operating at fluencyfix.com is a digital non-refundable product.
10.2) Partial or complete refunds shall not be granted by Nejo Stuios unless an event has occurred where Nejo Studios is at fault.
We want you to be completely satisfied with the Products or Services you order from Nejo Studios. Before purchasing a plan, each visitor to the fluencyfix.com website is required to
10.3) Read the product descriptions and curriculum guide located at https://fluencyfix.com
10.4) Try the product first by trying the 65 free conversations that are available for each course. 10.5) Agree to the terms and conditions and make a purchase only after you are sure that you want to proceed with the product.

If you have any additional questions about the product, please contact us prior to your purchase through our contact form or live chat.

11) Cancellations
11.1 A customer can cancel their subscription at any time.The service will continue to the end of the billing cycle and after the billing cycle is complete, customers will no longer have access to content.Since every customer has the opportunity to try the product for free, refunds are not included with cancellation requests

12) Privacy


12.1) Use of the Website or the app is also governed by our Privacy Policy which is incorporated into these Terms and Conditions by this reference. To view the Privacy Policy, please click on the privacy link to see how we use your personal information.

12.1 All personal information that We may collect (including, but not limited to, your name and address) will be collected, used and held in accordance with the provisions of The Personal Information Protection and Electronic Documents Act.
12.2 We may use your personal information to:
12.2 1 Provide Our Services to you;
12.2.2 Process your payment for the Services; and
12.2.3 Inform you of new products and services available from Us. You may request that We stop sending you this information at any time.
12.3 In certain circumstances (if, for example, you wish to purchase Services on credit), and with your consent, We may pass your personal information on to credit reference agencies. These agencies are also bound by The Personal Information Protection and Electronic Documents Act and should use and hold your personal information accordingly.
12.4 We will not pass on your personal information to any other third parties without first obtaining your express permission.

13) Disclaimers


13.1 We make no warranty or representation that the Website or app will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Service or Services.
13.2 No part of this Website or app is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.
13.3 No part of this Website or app is intended to constitute a contractual offer capable of acceptance.
13.4 Whilst We use reasonable endeavors to ensure that the Website and app are secure and free of errors, viruses and other malware, you are strongly advised to take responsibility for your own internet security, that of your personal details and your computers.
Changes to the Facilities and these Terms and Conditions
13.5 We reserve the right to change the Website, the app, its Content or these Terms and Conditions at any time. Customers will be informed by email of any changes to these terms and conditions.You will be bound by any changes to the Terms and Conditions from the first time you use the Website following the changes. If We are required to make any changes to these Terms and Conditions by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.

14) Availability of the Website

14.1 The Website is provided as is and on an as available basis. Nejo Studios uses industry best practices to provide a high uptime. We give no warranty that the Website or Facilities will be free of defects and / or faults and we do not provide any kind of refund for outages. We provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
14.2 We accept no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.

15) Limitation of Liability


15.1 To the maximum extent permitted by law, We accept no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or app or any information contained therein. You should be aware that you use the Website, the app and their Content at your own risk.

15.2 Nothing in these Terms and Conditions excludes or restricts Nejo Studios' liability for death or personal injury resulting from any negligence or fraud on the part of Nejo Studios.
15.3 Nothing in these Terms and Conditions excludes or restricts Nejo Studios' liability for any direct or indirect loss or damage arising out of the incorrect provision of Services or out of reliance on incorrect information included on the Website.
15.4 In the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining Terms and Conditions. This term shall apply only within jurisdictions where a particular term is illegal.

16) No Waiver


16.1 In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

17) Previous Terms and Conditions


17.1 In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.

18) Third Party Rights


18.1 Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is between you and Nejo Studios.

19) Communications


19.1 All notices / communications shall be given to Us through our online contact form or live chat. Such notices shall be governed by EST and on the next business day if the message is sent through our online contact form on a weekend or public holiday.
19.2 We may from time to time, if you opt to receive it, send you information about Our products and/or services. If you do not wish to receive such information, please click on the Unsubscribe link in any email which you receive from Us.

20) Law and Jurisdiction
20.1) These Terms and Conditions and the relationship between you and Nejo Studios shall be governed by and construed in accordance with the Laws of Prince Edward Island Canada and you agree to submit to the exclusive jurisdiction of the Courts of Canada.