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.