This document (hereby known as the “Agreement”) is a legally binding agreement between yourself (including legal individuals, legal fictional entities and any organisations) and Rewise Limited. Rewise Learning Ltd is a company registered in the United Kingdom (6539018 – contact T:(+44) 05603 684297 E: firstname.lastname@example.org A: Rewise Learning Ltd, 91 Newton Road, Mumbles, Swansea SA3 4BN, Wales).
These Terms and Conditions relate to any usage of the Website and of Rewise Learning Ltd products and services rendered in any form.
Refusal to agree to or consent to the Terms and Conditions described herein will mean that you will NOT be given permission or authorization to access the Website in any form and by any means. No permission or authorisation to access and enter the Website will be given without prior acceptance of these Terms and Conditions by you (the potential user, or any person with an intention to enter the site).
For the purposes of this Agreement, ALL attempted access (successful or unsuccessful) to the website will be taken as an intention to enter the site and use the information, products and/or services available therein.
There will be no assumed or implied consent relating to usage of the Website or to these Terms and Conditions, the only way to be granted legal permission and authorization to enter the Website is by accepting and consenting to the Terms and Conditions described herein (otherwise known as ‘the Agreement’).
All users are expected to have read the accompanying terms and conditions, any individual, legal entity or organization which is using or has used the website will be considered to have read and agreed to the Terms and Conditions described herein. In the case that a user is on/in the Website without having given explicit consent or acceptance of the terms and conditions, their usage will be deemed to be sufficient consent to the terms and conditions described herein. In this case, so as to not conflict with the above provision relating to ‘implied consent’, the user in this case will be considered to have accepted the terms and conditions, but they will still not have legal permission or authorisation to be using the Website.
Any breaches of this Agreement (intentional or unintentional) will result in instant termination of any existing permission/s to access and use the Website and, wherever deemed appropriate, legal action will be taken by the Company or the relevant authorities of the corresponding jurisdiction.
This Agreement becomes effective as soon as any user enters the website in question. Rewise Learning Ltd reserves the right to terminate the Agreement and to terminate usage permission for any individual, legal entity or organisation who breaches the Terms and Conditions described herein or for deemed breaches not expressly described herein but recognized in Law.
For the purposes of this Agreement contract formation occurs the moment any user agrees and consents to these terms and conditions or enters the Website by any other means. For the purposes of this legal notice, Rewise Learning Ltd may be referred to as LearnThruMusic, LearnThruMusic Courses, PhonicsThruMusic, SingInSuccess, Rewise Learning, Rewise Learning Ltd or the ‘Company’.
The ‘Website’ refers specifically to the website found at WWW.phonicsthrumusic.com on the internet/World Wide Web, and includes all the websites contents and attachments, including audio tracks/files and visual images including but not limited to photographs/videos.
Any usage of the website will be taken as consent to all the underlying schedules, terms and conditions and will not prejudice any rights or recourses not expressly granted within this legal notice.
All information on the Website is subject to change without prior notice. This will not prejudice or affect any of our rights.
There will be no implied special permissions relating to usage of the Website, or products and service. Any extraordinary permission granted MUST be in received in written form and sent via an acceptable (in legal terms) method of correspondence, unless explicitly stated by the Managing Director of Rewise Learning Ltd.
Should any aspect, provision, or schedule of this agreement be held unenforceable or invalid by a legal court of Court of Law, such invalidity shall not affect or render invalid in any manner the other provisions described herein.
In the event that this agreement is translated to any other language and there arises any discrepancies between the two version or interpretations, the English version shall prevail and be the only point of reference in case of any disputes arising between Rewise Learning Ltd and the aggrieved party.
Nothing in this Agreement removes liability for death, personal injury or fraudulent misrepresentation resulting directly from the Company’s negligence as prescribed by the Law of the United Kingdom.
The Company and this legal notice is subject to and under the jurisdiction of the Laws of the United Kingdom, however this will not prejudice any rights or recourse to Justice sought in another jurisdiction.
INTELLECTUAL PROPERTY AND COPYRIGHT
For the purposes of this legal notice unless stated otherwise, intellectual property rights, copyright and any other implied rights in all the website material (including audio tracks and visual images) are wholly owned and controlled by Rewise Learning Ltd.
No image, audio track or any other aspect of the website may be duplicated or copied without prior explicit written permission and authorisation from Rewise Learning Ltd. No amendments or additions may be made to ANY aspect of the website content without the prior knowledge and written permission of Rewise Learning Ltd.
Any person, or organisation, who breaches these terms and conditions will have any permission to use the website withdrawn and where appropriate, legal action will be taken.
Though the Company will do its utmost to keep a continuous uninterrupted service, the Company will not be liable for any suspension (temporary or permanent) of services and/or access to the website.
Access to the website may at times be suspended without notice, for example: in case of system breakdowns, repair and maintenance work or for reasons beyond the Company’s control.
PRODUCT DESCRIPTION: TOUCHSCREEN TECHNOLOGY
Where the Company refers to the use of the touchscreen technology feature of the product, this feature is dependent on the capability of the users’ hardware to make use of said feature. We accept no liability for any inability to use this feature as a result of hardware not designed to be used as a touchscreen device.
LIMITATION OF LIABILITY; ABSENCE OF GUARANTEES.
Any and all usage of the Website and any related products and services is done at the users own risk. All products and services are provided on an ‘as is’ basis and there will be no liability for the Company or anyone associated with Rewise Learning Ltd if the Website, products or services deviate from the users expectations in any way.
No guarantees or warranties are given by Rewise Learning Ltd, the Directors, any of our affiliates, partners, employees, investors, agents, licensees, or third-party providers as to the results of using the website and its content, products and services. Neither does any of the above guarantee nor give warranty that the service and website will be error-free, or as to its accuracy, relevance and reliability.
Rewise Learning Ltd, the Directors, affiliates, partners, agents or any representatives of the Company WILL NOT be held liable for ANY damages arising from or in connection with usage of the website and/or its products and services.
All users agree to indemnify and hold Rewise Learning Ltd and its associates, affiliates, Directors, or representatives, harmless from ANY claim (including but not limited to reasonable legal fees) made by any third party arising from a user’s violation of the terms in this Agreement, or any relevant Laws, Rights or Regulations applicable with regard to the circumstances in question.
This is an explicit limitation of liability, including direct and indirect liability, loss of income/profit, damage to devices, loss of information or data, and compensatory or third- party claims, arising from user’s actions with regard to the Rewise Learning Ltd Website.
Whereas the Company will do its utmost to protect the privacy of users account information and data relating to this usage; NO warranty or guarantees are given regarding backups of files, recovery of lost data and information security. The user is solely responsible for the security of their own passwords, user codes and login codes. The Company takes no legal responsibility for the security of this data and accepts no liability for breaches of use resulting in third party access to any user’s account/s. Furthermore, the user is wholly responsible for saving or backing-up any data or information which they wish to keep or use for future reference or any other purpose.