Terms and Conditions

Last updated February 19, 2020

Please take a few moments to read the terms and conditions in regards to the use of your Tell and Spell Account at home and at school. By using this service and its services you will be bound by these Terms and Conditions and the Company’s Privacy Policy (“Privacy Policy”).  If you do not agree to these Terms and Conditions and/or the Privacy Policy you must not use this service or any service provided via it.  Use of the Company’s service and Services (as defined below) is expressly conditioned upon your assent to all the terms and conditions of this agreement, to the exclusion of all other terms.

INTRODUCTION 

• These terms and conditions govern your use of this service Tell and Spell.com and all related sub-domains; all Tell and Spell including mobile apps; (the “service”, the “Services”).

For as long as the Company continues to offer the Services, it shall provide and seek to update, improve and expand the Services. As a result, the Company allows you to access the service as it may exist and be available on any day and it has no other obligations, except as expressly stated in these Terms and Conditions. The Company may modify, replace, refuse access to, suspend or discontinue the service, partially or entirely, or change and modify prices for all or part of the Services at our sole discretion. All of these changes shall be effective upon their posting on our site or by direct communication to you unless otherwise noted. Your use of the Services following such posting or communication constitutes your acceptance of the terms and conditions of this Agreement as modified.

USE OF THIS SERVICE 

• You must not use this service for anything that is unlawful or is prohibited by these Terms and Conditions and/or any notices elsewhere on this service.
• The Company advises that you seek professional advice before relying on any information on this service. Under no circumstances will the Company be liable in any way for any information it provides on the service or through the Services, including, but not limited to, any errors or omissions in any content and information, including but not limited to text, software, music, sound, photographs, graphics, video or other material (also known as “Content”), or any loss or damage of any kind incurred in connection with use of or exposure to any Content posted, emailed, accessed, transmitted, or otherwise made available via the Services.
• When using this service, you must NOT do any of the following:
  • defame, abuse, harass, stalk, threaten or otherwise violate the rights (such as rights of privacy and publicity) of others;
  • publish, post, distribute or disseminate any defamatory, infringing, obscene, indecent, offensive or unlawful material or information;
  • impersonate any person or entity, including without limitation any employee or representative of Company;
  • decompile, reverse engineer, or otherwise attempt to obtain the source code of the Services.
• You represent and warrant to the Company that you are of legal age to form a binding contract or have your parent’s permission to do so. You also certify that you are legally permitted to use and access the Services and take full responsibility for the selection and use of and access to the Services. This agreement is void where prohibited by law, and the right to access the Services is revoked in such jurisdictions.
• If you are registering with the Service as a school entity or similar, you represent that you have the authority to legally bind that entity. The school is and shall remain the data controller of the Customer Data it uploads or provides as part of the Service. Tell and Spell will implement appropriate technical and organisational measures against unauthorised or unlawful processing of Customer Data and against accidental loss or destruction of or damage to Customer Data.
• If you link to the service, the Company may revoke your right to link at any time, at the Company’s sole discretion. The Company reserves the right to require prior written consent before linking to the service. Individuals using the same account across multiple services and linking to a school agree to the sharing of data across those services for the purposes of user convenience.
• You will indemnify and hold the Company, its parents, subsidiaries, affiliates, officers, and employees harmless (including, without limitation, from all damages, liabilities, settlements, costs and attorneys’ fees) from any claim or demand made by any third party due to or arising out of your access to the Services, use of the Services, your violation of these Terms and Conditions, or the infringement by you or any third party using your account of any intellectual property or other rights of any person or entity.

REGISTRATION 

• You will need to register to become a member of this service (“Member”) if you wish to access the Services via this service.
• To register to become a Member you must provide the Company with information about you via the Company’s registration form. The Company’s use of this information is set out in the Company’s Privacy Policy.
• You must provide true, accurate, current and complete information about yourself when completing the registration form. You must maintain and update this information and keep it true, accurate, current and complete. If any information provided by you is not true, accurate, current and complete, the Company has the right to cancel your membership and refuse any and all current or future use of this service.
• Registration requires a valid email address (which will serve as your user name) and a unique password. Avoid choosing obvious words or dates such as a nickname or your birth date. Please use maximum caution to keep your user name and password confidential and log-off from the service when your session is complete to prevent unauthorised access to your information. If your user name or password is subject to unauthorised access, you should immediately inform the Company.
• Any unauthorised use of your login details must be reported to us as soon as you are aware of such use and the Company will, as soon as reasonably possible, cancel your user name and/or password and issue new ones to you.
• The Company may, for security or other reasons, require you to change your user name and/or password or other information which facilitates access to this service or its Services.
• The Company reserves the right to cancel your username and password without notice if the Company becomes aware of any breach of these Terms and Conditions by you.

Once the Company has sent you a confirmation email you will become a Member and will be able to access the Services available via the service. You may cancel your membership at any time, see “Termination” below for details.

PRIVACY

• By agreeing to these general conditions, you are also agreeing to the terms of our Privacy Policy.

GENERAL

• Whilst the Company will try to provide you with uninterrupted access to this service and its Services, The Company may need to withdraw, modify, discontinue or temporarily or permanently suspend one or more aspects of this service where the Company has a legal, technical or other good reason to do so (including technical difficulties experienced by the Company or any Internet infrastructure). However, The Company will try, wherever possible, to give reasonable notice of the Company’s intention to do so.

• The Company reserves the right to withhold, remove and or discard any Content available as part of your account, including any Content, contributed by you, with or without notice if deemed by the Company to be contrary to these Terms and Conditions. The Company has no obligation to store, maintain or provide you a copy of any Content that you provide when using the Services.

• If the Company fails to exercise or enforce a right under the Terms and Conditions that failure shall not constitute a waiver of such right or provision.

• If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, that provision shall be deemed severed and the validity and enforceability of the remaining provisions shall not be affected. The parties nevertheless agree that the court should endeavour to give effect to the parties intentions as reflected in the provision.

• These Terms and Conditions shall be governed by and construed in accordance with the laws of the European Union and the United Kingdom, without regard to the conflict of laws provisions thereof. Both parties submit to the non-exclusive jurisdiction and venue in the European Union and the United Kingdom

• These Terms and Conditions set out the Company’s entire agreement and understanding with respect to the subject matter of these Terms and Conditions and supersede all representations, communications and prior agreements (written or oral).

• Each party acknowledges that on entering into these Terms and Conditions, it does not rely, and has not relied, upon any representation (whether negligent or innocent), statement or warranty made or agreed to by any person (whether a party to these Terms and Conditions or not) except those expressly set out in these Terms and Conditions.

• Unless expressly provided in the Terms and Conditions no term of them is enforceable by any person who is not a party to it.

• You must report any violations of these Terms and Conditions to info@tellandspell.com.