In these Terms, 'us', 'we' and 'our' means Spokle.
2 About Spokle
(a) Spokle's Services are designed to assist professionals, parents, carers and families of children with communication difficulties.
(b) You acknowledge that we do not provide medical or professional advice and our Services are not a replacement for professional medical advice, diagnosis or treatment.
(a) Application means the Spokle application which can be downloaded from an Application Store.
(b) Application Store means an online application store, such as the Android or Apple application stores.
(c) Content means the material, including all Programs, text, graphics, logos, videos, audio and software, made available on the Website or the Application.
(d) Programs means treatment protocols, videos, activities or methods which can be accessed through the Website, the Application or the Services.
(e) Subscription means a subscription which is purchased through the Application.
(f) Users means users of our Services.
(g) Website means the Spokle Website located at: http://www.spokle.com.au/
4.1 Users and registration
(a) You may be required to register, and activate an account to access our Services. We may require personal information such as your name, email address or social media login information (e.g. Facebook or Twitter). You must ensure that this information is accurate and current.
(b) When you register, and activate your account you are responsible for keeping your user name and password secure and are responsible for all use and activity carried out under your user name.
(c) To create an account or purchase a Subscription, you must:
(i) be at least 18 years of age;
(ii) possess the legal right and ability to enter into a legally binding agreement with us and, if you download the Application, with the relevant Application Store; and
(iii) agree and warrant to use our Services in accordance with these Terms.
4.2 Programs and Subscriptions
(a) Subscriptions can be purchased on a monthly basis from the Application Store from within the Application (via an in-app purchase). You are responsible to adhere to any third-party terms and conditions when purchasing a Subscription (including the terms and conditions of the Application Store).
(b) We offer a free trial period for content and programs on the Application. At the end of your free trial period, we may automatically start to charge you for the Subscription on the first day following your free trial, on a recurring monthly basis. Any unused portion of the free trial period will be forfeited when you purchase a Subscription.
(c) Subscriptions will automatically renew 24 hours before the end of the current billing period unless you turn off the auto-renew function prior to that time.
(d) Should you wish to terminate access to our Application and our content, you are responsible for terminating your Subscription which will be cancelled at the end of your current billing period. Subscriptions can be managed from your Applications Store account after purchase.
(e) We will not refund any moneys that you have already paid unless required to do so by law.
5 Collection notice
(b) We may disclose that information to third parties that help us deliver our services (including information technology suppliers, communication suppliers and our business partners) or as required by law. If you do not provide this information, we may not be able to provide all of our Services to you. We may also disclose your personal information to recipients that are located outside of Australia, including to third parties located in New Zealand, Indonesia, Singapore, Malaysia and the Philippines.
6 Medical information and advice
(a) Our Services are intended to assist professionals, parents, carers and families of children who have communication difficulties.
(b) You understand that our Programs and Services are intended to be general in nature and may not be suitable for your child's specific developmental needs.
(c) Should your child be suffering from communication difficulties or developmental delays we advise you to seek medical or professional advice to determine whether our Services are suitable for your child's needs.
(d) You acknowledge that some of our Programs contains activities, exercises and other play based methods which may involve movement and other physical exertion. You are responsible to ensure that these activities are appropriate for the relevant child.
(e) You are responsible to ensure that the environment in which you choose to undertake our Programs is safe and free from any dangerous objects.
(f) Should the child show any adverse symptoms during one of our Programs you must immediately cease using our Programs and seek medical assistance.
(g) We provide no guarantees or assurance as to any outcomes or medical results from our Programs or Services.
(h) Every effort has been made to make the Spokle Application an effective speech and language rehabilitation tool. However, individual results may vary and Spokle cannot guarantee results. Users of the Spokle Application should also consult with a trained professional for diagnosis and ongoing treatment.
7 Accuracy, completeness and timeliness of information
(a) The information on our Website, Application and Programs is general in nature and should not be relied upon.
(b) The information is not comprehensive and is intended to provide a summary of the subject matter covered. While we use all reasonable attempts to ensure the accuracy and completeness of the information on our Website, Application and Programs, to the extent permitted by law, including the Australian Consumer Law, we make no warranty regarding the information on our Website, Application and Programs. You are responsible for monitoring any changes to the information contained on our Website, Application and Programs.
(c) We are not liable to you or anyone else if interference with or damage to your computer system occurs in connection with the use of this Website, the Application or a linked Website. You must take your own precautions to ensure that whatever you select for your use from our Website or Application is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer systems.
(d) We may, from time to time and without notice, change or add to the Website or Application (including the Terms) or the information, Programs, products or services described in it. However, we do not undertake to keep the Website or Application updated. We will not be liable to you or anyone else if errors occur in the information on the Website or Application or if that information is not up-to-date.
8 Linked websites
Our Services may contain links to websites or applications operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we do not endorse and are not responsible for the content on those linked websites or applications and have no control over or rights in those linked websites or applications.
9 Intellectual property rights
(a) Unless otherwise indicated, we own or license from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in our Services and in all the Content.
(b) Your use of this Website, our Programs, the Application and the Content does not grant or transfer any rights, title or interest to you in relation to the Website, the Application, the Programs or the Content. However, we do grant you a licence to access the Website, Application, the Programs and to view the Content in accordance with the Terms and where applicable, as expressly authorised by us and/or our third party licensors.
(c) Any reproduction or redistribution of this Website, the Programs, the Application or the Content is prohibited and may result in civil and criminal penalties. In addition, you must not copy the Content to any other server, location or support for publication, reproduction or distribution.
(d) All other use, copying or reproduction of this website, the Content or any part of it is prohibited, except to the extent permitted by law.
10 No commercial use
This website is for your personal, non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products or services contained within this website. You may not use this website, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own website.
11 Unacceptable activity
(a) You must not do any act that we would deem to be inappropriate, is unlawful or is prohibited by any laws applicable to our Website, including but not limited to:
(i) any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual's consent) or any other legal rights of individuals;
(ii) using our Services to defame or libel us, our employees or other individuals;
(iii) uploading files that contain viruses that may cause damage to the Website, our property, or the property of other individuals;
(iv) posting reviews or transmitting to this Website or Application, any non-authorised material including, but not limited to, material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, pornographic or which is otherwise detrimental to or in violation of our systems or a third party's systems or network security.
(b) If we allow you to post any information to our Website or Application, we have the right to take down this information at our sole discretion and without notice.
12 Warranties and disclaimers
(a) To the maximum extent permitted by law, including the Australian Consumer Law, we make no warranties or representations about the Website, the Programs, the Application or the Content, including but not limited to warranties or representations that they will be complete, accurate or up-to-date, that access will be uninterrupted or error-free or free from viruses, or that this Website or Application will be secure.
(b) We reserve the right to restrict, suspend or terminate, at any time and without notice, your access to this Website, the Programs, the Applications or the Content, and we will not be responsible for any loss, cost, damage or liability that may arise as a result.
(a) To the maximum extent permitted by law, including the Australian Consumer Law, in no event shall we be liable for any direct and indirect loss, damage or expense - irrespective of the manner in which it occurs - which may be suffered due to your use of our Website, the Application, the Programs and/or the information or materials contained on it, or as a result of the inaccessibility of the Website, the Programs, the Applications or the Content, including loss or damage arising from any breach of our Website or Application security including digital fraud or hacking and/or the fact that certain information or materials contained on it are incorrect, incomplete or not up-to-date.
(b) You will at all times indemnify, and keep indemnified, us and our directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses) or liability incurred or suffered by you or by us arising from any claim, demand, suit, action or proceeding by any person against you or us where such loss or liability arose out of, in connection with or in respect of your conduct or breach of this Agreement.
(c) In Australia, our Services come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these terms and conditions purports to modify or exclude the conditions, warranties and undertakings, and other legal rights, under the Australian Competition and Consumer Act and other laws. Any and all other warranties or conditions which are not guaranteed by the Australian Consumer Law or the Competition and Consumer Regulation 2010 are expressly excluded where permitted, including liability for incidental or consequential damages caused by breach of any express or implied warranty or condition.
14 Force majeure
Spokle will not be liable for any delay or failure to perform its obligations pursuant to these terms if caused by circumstances beyond its reasonable control. Including but not limited to
(a) acts of God, lightning strikes, earthquakes, floods, storms, explosions, fires and any natural disaster;
(b) acts of war, acts of public enemies, terrorism, riots, civil commotion, malicious damage, sabotage and revolution; and
15 How you can contact us
(a) If you have any queries about Spokle or our Programs you are able to submit such queries by contacting us at firstname.lastname@example.org.
(b) Any queries or complaints received by us will be referred for investigation by our team and a response will be provided to you as soon as possible.
16 Jurisdiction and governing law
Your use of the Website and these Terms are governed by the law of New South Wales and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in New South Wales.