Terms and Conditions of Service
Introduction
Welcome, these are the Terms and Conditions of Service (hereinafter, the “Terms”) for the website www.mikeandcate.com (the “Site”), including its sub-domains and its mobile optimized versions, along with any products and services offered thereby. These Terms shall supplement our Privacy Policy (the “Policy”), incorporated herein by reference.
The Site and the provided products and services are delivered by Speak English® Co. Ltd. (hereinafter referred to as “Speak English®”). The terms ‘us’, ‘its’, ‘ours’ and/or ‘we’, as used herein, refer to us, Speak English® and/or our affiliates, assignees, successors and/or brands. As used herein, the terms ‘you’, ‘your’, and/or ‘yourself’ refer to you, a user/visitor/browser of our Site, whether registered under an account or not.
By accessing this Site, you are agreeing to be bound by these web site terms and conditions of use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these Terms, you are prohibited from using or accessing this Site. The materials contained on this Site are protected by applicable copyright and trade mark law.
Services Offered
Speak English® provides, operates and manages a multimedia platform with the aim of assisting English learners to effectively structure sophisticated sentences in English (the “Services”). Our Services offer consists of various functionalities, which include but are not limited to:
Interactive multimedia episodes (each, an “Episode”) where our users can practice their language listening skills via the interactive recordings done by professional artists.
An integrated forum section that enables users to communicate with each other publicly, asking questions about particular words or sentences in each Episode.
A dictionary system where users can add their own translations for the sentences and words in their language, thus providing interactive feedback during each Episode.
Accordingly, subject to the terms and conditions of these Terms, and solely in order to use the Services, you are hereby granted a non-exclusive, limited, revocable, non-transferable authorization to use the Services only as permitted by the features of the Services and by these Terms. Speak English® hereby reserves all rights not expressly granted herein in the Service. Speak English® may terminate this authorization at any time and for any reason.
User Support
You can always contact our team with questions about our Services, and we will strive to answer them and work together in order to resolve any such doubts.
If you have any questions or complaints regarding the Site or our Services, please contact us by email as indicated on our contact web page. We will undertake commercially reasonable efforts in order to answer as quickly as possible. You must provide us with full details of your service query so that we can clearly identify your issue of concern.
Updates
Speak English® reserves the right to modify, amend, suspend, terminate, upgrade, update or otherwise modify these Terms, the Site and the Services, at any time and without notice. Any changes will be displayed on the Site, and we may also notify you by email. Please refer to the last effective date where changes were last undertaken by us. Your use of our Services after the effective date of any update– either by an account registration or simple use – thereby indicates your acceptance thereof.
Purchase Terms
Our first three Episodes are offered at no cost. Users who wish to continue using our Services can purchase packages bundling five Episodes each. The receipt of each order will be recorded and confirmed by the Site by e-mail to the e-mail address communicated by the customer during registration.
Speak English® will undertake its reasonable commercial efforts to ensure that the quoted prices and descriptions are true, accurate, updated and correct, but notwithstanding the foregoing, Speak English® cannot fully guarantee such information. Accordingly, the products and services provided via the Site may or will be discontinued, and their specifications, availability, eligibility, prices and characteristics will be subject to change at any time, without prior notice and without any responsibility on behalf of Speak English®.
Payment Terms
We rely on authorized third-party payment processors in order to bill you through a payment account linked to you, and henceforth you hereby authorize us to charge fees through your indicated payment processing account.
Accordingly, Speak English® shall not be held responsible for any and all errors, fees and currency conversion fees by the payment processor, and you should review its terms and policies from time to time, which will govern the provision of services to you.
You must provide us with valid and current billing information. Except as expressly set forth herein, all purchases are final and non-cancelable. If we detect any chargeback or if any payment is not received by us or our payment processors for any reason, you will promptly pay us any and all amounts due to us upon notice. Any failure or inability by us to process any payment hereunder does not relieve you from your payment obligations.
Refund Policy
If you have a problem with your order, please contact us as soon as possible. Due to the nature of our Services we are only able to offer refunds if there is a technical issue on our side causing the package and/or the Episodes to be inaccessible or unplayable on your device. Henceforth, refunds will only be provided at our sole and final discretion, and only for 7 days after purchased orders. Please include a description of the Episode(s) in question, including the reason for your technical query, your name, address, account information and payment details. Since some of our Services are provided by third parties, there may be some delays in processing your return and refunds, and we will contact the appropriate supplier in order to help your case.
User Generated content
The Services allow users to upload certain computer code onto Speak English®’s platform, including their profile picture, forum content and dictionary content, information, material and comments in various areas of the Site.
By uploading any code and user generated content, you warrant and represent to us that:
- You are entitled to post such content on our site and have all necessary licenses and consents to do so;
- The content does not infringe on any intellectual property right, including without limitation copyright, patent or trademark, or other proprietary right of any third party;
- The content does not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material or material which is, an invasion of privacy
- The content will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.
Speak English® encourages you to report violations of our Terms. Speak English® has the right, but not the obligation, to monitor any activity and user generated content (e.g. text, names, photos, posts, feedback, images, comments, graphics, questions and other content) to determine compliance thereof, and to edit or remove any data or content submitted to or posted on the Site that we find to be in breach of our Terms or that is objectionable.
In addition, you hereby grant Speak English® a non-exclusive royalty-free license to use, reproduce, edit and authorize others to use, reproduce and edit any of your content in any and all forms, formats or media.
Copyright and content Ownership
The trademarks, copyright, service marks, trademarks, registered service marks and/or registered trademarks, trade names and other intellectual property rights and proprietary notices displayed on the Site, and our products and services are the property of –or otherwise are licensed to– Speak English®, its licensors or affiliates, or the respective title holders, whether acknowledged (or not), and which are protected under intellectual and proprietary rights in the United Kingdom and other jurisdictions throughout the world.
Respective title holders may or may not be affiliated with us or our affiliates, partners and advertisers. No section hereof shall be construed as intent to grant you any right of transfer or interest in the Site and our products and services.
Service Eligibility
Speak English® does not knowingly provide its Services to persons under the age of sixteen (16). If you are under such an age, you may only use them, under the strict, direct and unequivocally express supervision of your parent or legal guardian. Speak English® encourages parents, legal guardians and responsible adults to be actively involved in the safe use of the Internet by children and minors.
Accordingly, we reserve the right to request any and all applicable proof of identification and consent proof from our users or from their legal parents or guardians, at any moment, without prior notice, and at our sole and final discretion. Speak English® does not knowingly collect any kind of information from any person under the age of sixteen (16), and will delete any related information thereto.
Prohibited Activities
As our user, you agree not to undertake, motivate, or facilitate the use or access of the Site or the Services in order to:
- Infringe these Terms, or allow, encourage or facilitate others to do so.
- Plagiarize and/or infringe on the intellectual property rights or privacy rights of any third party, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right.
- Collect, receive, transfer or disseminate any personally identifiable information of any person without due consent from the title holder.
- Republish, sell, rent or sub-license content or materials from the Site without our authorization.
- Reproduce, duplicate or copy material from the Site without our authorization.
- Distribute, post or otherwise make available any content that: (i) infringes on or endangers the intellectual property rights of any person (e.g. trademark, moral rights, trade secret, copyright, ancillary rights or other); (ii) enables any act that could promote or cause discrimination, racism, harm, libel, hatred or violence against any individual or group; (iii) endangers children and underage persons; (iv) is or allows illegal or fraudulent activities to take place; (v) is or may constitute a criminal or capital offense or otherwise infringes on any applicable law; and/or (vi) is or can be considered to be obscene, sexually explicit material, pornographic, threatening/defamatory, plagiarized, firearms, tobacco, alcohol, marijuana, gambling, binary options, Forex, pornographic or analogous material.
User Privacy
By disclosing any data and personally identifying information to us, you agree to our Policy, including the collection, process, storage and disclosure of such personally identifiable information, including to our affiliates, partners and clients. We will ask for your express consent, including for inclusion into our newsletters, updates, and follow ups. For more information, please read our Policy.
Disclaimer of Warranty
To the fullest extent permissible under applicable law, the Site and the Services are provided to you “as is”, with “all faults” and “as available”, without warranty of any kind. Speak English®, and its affiliates, clients, agents, officers, licensors and/or distributors, do not make, and hereby disclaim, any and all express, implied or statutory warranties, either by statute, common law, custom, usage of trade, course of dealing or otherwise, however arising, including implied warranties of description, quality, fitness for a particular purpose, non-infringement, non-interference with use and/or enjoyment.
In no event shall Speak English®, its affiliates, clients, agents, officers, licensors, distributors and/or any authorized third party, be held liable for any special, indirect, incidental or consequential damages, including losses, costs or expenses of any kind resulting from possession, access, use, inaccessibility or malfunction of the Site or the Services, including but not limited to, loss of revenue, profits, business, loss of use or lack of availability of computer resources; whatsoever arising out of or related thereto, whether arising in tort (including negligence), contract, strict liability or other legal or equitable theory and whether or not Speak English®, its affiliates, clients, licensors and/or distributors have been advised of the possibility of such damages.
Limitation of Liability
In no event shall Speak English®’s, or its affiliates’, clients’, licensors’ and/or distributors’ liability for all damages (except as required by applicable law) exceed the amount of £100.00 (One Hundred Pounds Sterling); and henceforth any award for direct, provable damages shall not exceed such a total amount.
These Terms provide you with specific legal rights, and you may have other rights that may vary from jurisdiction to jurisdiction. Legislation of some states/countries does not allow certain limitations of liability, and henceforth this limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
Generals
Assignment. These Terms will inure to the benefit of any successors of the parties.
Entire Agreement. These Terms set forth the entire agreement between the parties hereof and may not be altered or amended except in writing signed by both parties.
Language. These Terms may be translated into other languages, but English shall be and remain the official language of this agreement and in any conflict between the English language version and any other version, the English language version shall control.
Newsletters. The Site may allow you to subscribe to our newsletter service, which may be provided by us or through an authorized third party. Through our newsletters, you may receive information according to your subscriber preferences. As our subscriber, you will receive a conspicuous communication indicating any subscription and you will be able to select the amount and type of emails received by you. If you wish to unsubscribe, you will find ‘unsubscribe’ and similar links on our communications.
No Waiver. Failure by Speak English® to enforce any rights hereunder shall not be construed as a waiver of any rights with respect to the subject matter hereof.
Severability. If any provision of these Terms is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of these Terms will remain in full force and effect.
Applicable Law, Dispute Resolution
Applicable Law, Forum. For any claim, cause of action, or dispute you have against us that arises out of or relates to these Terms, you agree that it will be resolved exclusively in the competent courts with jurisdiction in the City of London, United Kingdom. You also agree to submit to the personal jurisdiction of either of these courts for the purpose of litigating any such claim, and that the laws of the United Kingdom will govern these Terms and any claim, without regard to conflict of law provisions. If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorney’s fees, court costs, and disbursements in doing so.
Contact
If you have any questions or queries about us, the Site, our Services or these Terms, please contact us at info@mikeandcate.com
Date of last effective update is 01.01.2018.