Terms and Conditions
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE USING OUR SERVICES.
- 1. Introduction
- 2. PLATFORM POLICY
- 3. Orders
- 4. Prices. Billing. Payment.
- 5. Product delivery
- 6. Guarantees
- 7. Communication
- 8. Warranties
- 9. Intellectual Property
- 10. Communication
- 11. Our liability
- 12. Your liability
- 13. Notifications and complaints
- 14. Data Processing
- 15. Force majeure
- 16. Settlement of disputes
- 17. Modifications
This document, published online at voxikids.com, together with all other documents that it refers to, represents what we will generically name ”Terms and Conditions” or ”Terms”, meaning the rules that govern the relationship between us, as Provider and you, as Client who decides to purchase a good or service using our website, for yourself or for your child.
In short, this document functions as a binding Contract between us and you.
1.1. Who we are
Below you may find our identification information:
|Registered office||(Localitate Victoria Str. Victoriei, nr. 14 bl. 22, ap16, jud Brasov)|
|Trade register number||(J8/458/2020)|
Alongside our registred name above, you may also find us under the brand name ”VoxiKids” and ”Voxi Clinic” in this document, we will refer to ourselves as “Organization”, “Provider”, “Company”, or “VoxiKids”. Our company offers products and services via the site https://voxikids.com/ and associated subdomains, affiliated websites (henceforth collectively called ”Site”) and/or other tools made available to the Provider for access to various services, as well as all profiles / social media pages associated with this brand, including but not limited to the Google Play App, the iTunes App, Facebook, Instagram, Twitter, Youtube, LinkedIn, henceforth collectively called ”Platform”).
Accessing the Platform signifies the unconditional acceptance of the Terms and Conditions that are presented below. In the event that you do not accept these Terms, we will not be able to enter into a contract with you, meaning we will not be able to deliver the products, or provide you with the services, that you are requesting, which includes answering any requests that you might have.
1.2. What we do?
VoxiKids App is a mobile app – an interactive application, aimed primarily at children, offering speech therapy exercises created by specialists to reduce recovery time in children with speech and language problems.
VoxiKids App can be downloaded as an application from the Google Play Store and the Apple Store, and it may be run on a smartphone or tablet.
Voxi Clinic also known as Voxi Clinic connects home users with speech-language pathologists, enabling them to follow an online program together, suitable to the personal needs of each user.
1.3. Who you are?
You are a person who has reached our Platform in search of a Product that we may be able to offer. At this moment, you are a User. The moment you place an order on our Site or our mobile app, and we begin taking the necessary steps to fulfil your order, you will become our Client, because you will have enterer a contractual relationship with us (by way of a contract that is signed remotely, via electronic means). You may purchase Products and Services from VoxiKids and/or VoxiClinic for yourself, your child or other individuals, provided that you respect these Terms.
Poți să cumperi Produsele și Serviciile VoxiKids și/sau VoxiClinic pentru tine, pentru copilul tău sau pentru alte persoane, în măsura în care sunt respectați acești Termeni.
1.4. Definitions. Purpose
As there already is a lot of information that we must be keep in mind, we have decided to define specific terms that we commonly use, so as to make this document easier to read. You may find these terms below.
The following terms written in capital letters will have the meanings defined below, excepting situations where it is expressly stated otherwise:
|”PROVIDER”||signifies (Speakquest SRL)a limited liability company, as we’ve identified in section 1.1|
|“Products”||signifies any goods (products) or services that are offered to the Client for the purpose of purchase, via the Platform.|
|“Client”||signifies the natural person that accesses the Platform and places an Order to purchase Products sold by the Seller. The Client may also be a natural person that places an Order on behalf of a legal person.|
|“Order”||signifies the Order placed by the Client through the Platform, through which the Client commits themselves to purchasing one or several Products, under the provisions of the current document and/or agreed by the Provider via a distance communication means.|
|“Account”||signifies the part of the Platform that is accessible by the Client through the use of an email address and a password, which enables the Client to place an Order and which contains information about the Client and the Client’s history with the Platforme.g.(Previous orders, bills etc).|
|“Contract”||signifies the long-distance consensual agreement between the Provider and the Client, or between the Provider and Professional, without their simultaneous physical presence, with regards to the sale and purchase of one or several Products on the Platform, by placing an Order by the Client or Professional and the subsequent acceptance of the Order by the Provider, under the full provisions of the law and of the terms and conditions for the provision of online services. As a general rule, the Contracts shall be signed in the Romanian language.|
|”Professional”||signifies the person who possesses the professional skills necessary for the delivery of services as specified by the Provider and who wishes to sign up in our Platform.|
|“Platform”||signifies the websites owned or used by the Seller, including any pages and social media profiles, using the domain voxikids.com and all of its subdomains or affiliates websites, and, if necessary, their subdomains which use logos belonging to the Provider. The Provider uses these to showcase its services, while the Clients and Professionals can choose the Products they wish to purchase, for which they will then pay for via one of the payment methods agreed by the Provider.|
|“Specifications”||– signify any details pertaining to the characteristics of the Products, as they are presented in the description displayed on their packaging and on the Platform.|
|“Transaction”||signifies the payment operation carried out by the Client, including the receipt by the Seller of an amount of money as a result of the sale by the Seller, and purchase by the Client, of one or several Products.|
- The present document establishes the terms and conditions applicable to the relationship between the Provider and every Client that uses the Platform for the purpose of, at the time, or after, placing an Order. In addition, this document governs the terms and conditions applicable to the relationship between the Provider and each Professional that wishes to sign up in the Platform for the provision of services according to Platform specifications.
- Titles are included in this document for ease of reading and to help structure the document, and they will not affect this document’s interpretation.
- To avoid any doubt, in accordance with the business policy independently and unilaterally established by the Provider, online salese.via the Platform) of products marketed by the Provider, are made to consumers who are either natural persons or legal persons. If certain products are limited to one category of Clients, this will be mentioned in its Specifications or in any other highly visible place next to the Product (for example, certain Products are meant either for legal persons only, or for natural persons only).
- We reserve the right to modify these Terms at any time, and their latest version shall be accessible to Clients on the Platform in the ”Terms and conditions section.” The relationship between the Provider, User/Client, and Provider, shall be governed by the live version at the time of access and of Order placement.
- The terms and conditions applicable to online sales are available to the Client and Professional for copy and download.
MAIN FEATURES OF ONLINE SALES BY VOXIKIDS
2.1. For users
In brief:we all must have the proper attitude and not use the Platform in ways that are contrary to the law or to good morals. If we suspect that your intention is not to search for information about the Products or to purchase them, we reserve the right to not allow you to place an Order, or even to limit your access to the Platform. The Order that you place on our Platform shall be considered accepted only once we have confirmed its acceptance.
- Access to the Platform for Order placement is allowed to any potential Client who acts with legitimate purpose and who intends to purchase one or several Products from us, respecting these terms and conditions.
- By Client, we understand a natural or legal person who is:
at least 18 years old, or
(b) at least 14 years old, having received authorization from a parent/guardian/legal representative to access the Site. If you have authorized a minor to use the Site, you are responsible for their overall behavior on the Site, including any action that the minor may undertake.
- . Any wrongful use of the Platform is strictly prohibited. It constitutes wrongful use of any kind of Platform use that is contrary to fair commercial practices and current legislation, or any other behavior that could potentially damage us in any way, or our Affiliates/Partners (byAffiliateswe understand persons within the same group we are part of, and byPartnerspersons with whom we have a working relationship).
- We reserve the right to deny access to a part of, or all of, the Platform’s functions, and to restrict the processing and/or delivery of an Order if, in our reasonable view, we suspect you of fraud, if this behavior could damage our interests or those of our Affiliates/Partners, of if you are misusing the Platform.
- By using the Platform and, where applicable, placing an Order, you accept and agree to long distance communication (g.by telephone or email), through which we carry out our operations.
- All the information used to describe the Products (including, but not limited to, static or dynamic images, descriptive texts, graphical or video presentations) do not impose any obligation on our part, as they exclusively serve the purpose of presenting and informing. We shall make all reasonable efforts to ensure the accuracy of the information provided with regards to pricing, as well as to the Products and Specifications presented on the Platform.
- If pricing or any other details pertaining to Product Specifications, have been erroneously displayed on the Platform, for any reason, and you have already placed an Order, we will inform you about the error via email or another agreeable communication means, as soon as possible.
- We shall publish on the Platform information about Products and/or any promotions that we, or our Affiliates/Partners are hosting, over a given period of time and within the available stock limit. Please keep in mind that certain situations may arise where we will be unable to show the stock or to update our data in real time, but we will inform you before confirming the Order, and you will be able to decide whether or not you accept the new conditions.
- Products to be sold as part of a promotion or any other kind of campaign, will be subject to terms and conditions applicable to that specific campaign or promotion, which we will bring to your attention.
- Any promotions presented on the Platform shall be available for the specified duration. Where no such duration is provided, the promotion shall be available within the stock/seat limit, or for the duration that we consider appropriate to reach our target.
- After placing an Order, the notification received via email with regards to that Order is strictly informative and does not signify that we have accepted the Order. The Order is considered accepted by us at the latest once it is delivered, including in the form of digital access. If you have already made the payment for an Order and we reject it, we shall return your payment in full.
- Under justified circumstances (including, but not limited to, the inability to provide you with the Products), we reserve the right to modify the type or quantity of the Products in the Order. In such a situation, we shall inform you right away about the modification, and you may accept or refuse the modification in question. In the event that you refuse, the Order is considered cancelled, both parties shall be returned to the situation prior to the Order placement, including through our refunding of any amounts received, where appropriate, and without any liability to you.
- The Order is accepted, and the Contract is considered signed between our parties, the moment that you receive a dispatch notification (via a phone call/SMS/email/push notification or by any other means) for the Products in the Order (in the case of physical goods); when we begin to provide our Services through the Platform; when we deliver you a download link or an email to access the Product according to Specifications.
- Please bear in mind that the Contract includes this document (together with all other documents we refer to), as well as any subsequent agreements between our parties with regards to the Order, regardless of whether these are made in writing, electronically or physically.
- You can contact us using the email address from the „Contact” section in the Platform for any queries or issues you might have regarding the Order, including to identify and correct any errors that may occur during the input of personal data. Depending on the technical development of the Site or the App, you may have available to you other means of communicating with us (such as online chat, communication directly from your Client account, via social media platforms etc.), which we shall bring to your attention. However, in the event that you do not inform us about these matters prior to receiving our notification or before we commence providing the Services, any modifications may only be carried out in exceptional situations, that do not involve a disproportionate effort on our part and that are legally valid.
- Please bear in mind that only our official communication channels shall be considered when we process your query. Subsequently, if you have decided to contact us via any other means, this will not be officially considered, although we shall make every effort to respond in good time, according to our ability,
2.2. For Professionals
Via the Platform, you will be able to contact Users and Platform Clients to whom you can offer your Services.
To register you in our database, we will have to verify your competences and qualifications through supporting documents, such as:
a) Identity card
b) Undergraduate diploma, master degree, postgraduate degree, doctoral degree etc.
c) Credentials issued by competent authorities
d) Any other information we may consider necessary to verify your identity and qualifications
- Please bear in mind that we will be able to refer to your person through any information available to the public, but also by requesting references from former or current employers.
- We reserve the right to periodically evaluate the activity of Professionals on the Platform, especially based on reviews and feedback received from our Users and Clients. To the extent that we consider your approach to be unsatisfactory, we may decide to terminate our collaboration, without you seeking damages or any other kind of compensation.
- You shall use the VoxiClinic or VoxiKids Platforms to interact with Clients and provide your Services. Any other interaction with Clients outside of the Platform is strictly prohibited.
- You shall not record your sessions with Clients using video or audio, you shall not divulge data about the Clients to any third party, and all materials that you create based on the Clients (anamnesis, annotations, evolution etc) shall be delivered to the Client through the Platform.
- If there are no contrary legal provisions, all other provisions of these Terms are applicable to you. To the extent that you infringe on the rules of these Terms, we reserve the right to seek compensation for any damages, pecuniary or non-pecuniary, including any injury to our reputation.
In brief: we explain how to place an order for a Product, how we process the orders, which are yours and our rights and obligations, when we consider an order to be finalised and how to go about making the Payment
- You will place an Order via one of the means indicated on the Platform, by adding a product to your cart and following the steps to finalise the payment. For the VoxiKids App in the Play Store and AppStore, you will have to follow the steps indicated by these aggregators to download and access the app. If you contact us to place an order, we will guide you towards placing an order on our Site, and we will help you finalise it, however we are unable to place the order for you.
- You may place an Order via the Platform if you have previously registered an account, by adding the desired Products to your cart or by following the specific procedures in the Google Play Store or AppStore.
- You may create an Account using the dedicated section on the Platform, according to instructions found on the Platform at that time (such as by using an email address and a password, by identification using a social account like Facebook/Google, or by any other available means). You are able to visualize in your AppStore or Google Play Account information about your previous orders, bills, etc. For the VoxiClinic platform (VoxiKids Clinic), you will find these details in your Account on the platform.
- Orders may be placed at any time, though as a rule they will be processed within 2 working days, between 10 AM and 6 PM, wherever a manual intervention is necessary. Any Order placed on a Saturday, Sunday, or any other day that has been declared a national holiday by law, will be processed in the next working day. In the case of Products delivered electronically, it is possible that the processing will occur automatically, and the Product may be delivered immediately after Payment.
- We reserve the right to validate Orders before honouring them and we will contact you by telephone, email or any other available means, and you hereby expressly declare that you accept our right to do so.
- Adding a Product to your cart without finalising the Order does not lead to a registered Order and, implicitly, it does not mean that the Product added to the card has been reserved.
- The Order will be considered finalised by your full payment for the price of the Products in the Order, using one of the means of payment we accept as they are expressly indicated on the Platform, and that you may consult, at the latest, before placing an Order.
- By finalizing the Order, you confirm to us that all the data that you have entered is correct, complete, and valid at the time of order placement. By placing an Order, you explicitly recognize that the Order in question implies your firm obligation to pay the indicatedtotal amount payableOther changes to the Order, (such as identification data, email, or billing addresses), can only be done in situations that technically allow it, without incurring an extra cost on our end.
- By creating an Account or finalising an Order, you agree that we may contact you, using any of the available means, such as automated calling system, fax or email, in any situation that requires contacting you in order to finalise and process the Order. The absence of a reply to our requests, using any of the means of communication available on the Platform, will result in cancelling the Order.
- Products purchased through the Platform may not be resold or distributed commercially, as they are intended for personal use, excepting all cases where it is mentioned otherwise in Specifications. Please also bear in mind that, for Products that are accessed online, the sale is nominal in nature, such that access credentials (like username and password) cannot be passed along to another person. The VoxiKids App is highly reliant on the personal interaction with the Client, so that it cannot issue credentials for other persons.
- In the event that you do not respect the provisions detailed above, we reserve the right to full recovery for any damage incurred, using any method recognised by law.
- We are able to cancel an Order placed by you, with a concurrent or subsequent notification, and without incurring any legal liability in doing so, in the following situations:
a) the bank that has issued your credit card denies the Transaction, in the case of online payment;
b) the payment processor we are working with does not validate, or invalidates, the Transaction (for example, either because there are not enough funds available, or for any other reasons, according to the processor policy), in the case of online payment;
c) the data you enter when you access the Platform is incomplete or incorrect;
d) you do not confirm your Order when we contact you for confirmation;
e) we reasonably consider that, by accessing the Platform and placing an Order, you are pursuing an unlawful end, or that can cause any kind of damage to us, our Affiliates or our Partners;
f) any of terms and conditions in the present document have not been complied with in full.
In brief: to use our Products, you must pay the amount indicated for them, as displayed at the moment you finalise an Order, using one of the available methods of payment (credit card payment).
- The prices of Products displayed on the Platform or communicated to you are expressed in the national currency of the country you are in (RON for Romania, EURO for EU countries etc.) and may or may not include VAT as required by law. Transportation or delivery fees are not included, excepting situations where this is expressly shown at the moment you finalise your Order. The Pricing available for Products is displayed on the Platform or communicated to the Client when finalising an Order.
- We may update the pricing of Products at any time, and such an update will replace the prices previously displayed for those Products.
- We shall issue a bill for any Products purchased/delivered, your obligation being to supply us all the necessary information required by law for issuing bills. Please pay close attention when you input your data, as we are unable to later modify the data in the invoices/bills issued.
- As a general rule either we, or the Google Play / App Store platforms, will send you the bill associated with an Order for the Products sold/delivered, either in paper form upon delivery, or in electronic form via email and/or in your Client account, which we encourage you to check often. It also possible for our messages to be caught in your Spam folder, so we advise you to check it often also.
- According to current Romanian law, when we accept payment via cred card, we do not request additional payments.
- For online payments, we are not and cannot be held responsible for any other cost incurred by you over the price of the Product bought including, but not limited to, bank transfer or currency conversion fees applied by the bank that issued the Client’s card, whenever the credit card currency differs from the sale currency.
- VoxiKids is not responsible for any additional costs incurred in order for the application to function, such as Internet costs, device recharge costs etc.
- In the case of products with a recurrent monthly payment, you agree from the beginning to the withdrawal of a monthly sum indicated at the time you placed the Order. If you no longer want to benefit from these options, you can cancel your subscription at any time, from your Account. Please bear in mind that any sum previously paid cannot be refunded.
- You are fully responsible for any payment made in error, by mistake, or made without canceling a subscription to our Products (such as with recurring monthly payments). In these situations, we shall not refund the payments already made, as you are solely responsible for them.
Services provided by Professionals
- For speech therapy Services provided by professionals, any payments will be made directly to them, for the time being, using the invoice issued by each individual Professional.
- As the VoxiKids Platform further develops, payment towards Professionals will be possible directly via the Platform, pursuant to these Terms.
In brief: we shall deliver the Products only after you make the full payment using one of the methods displayed on the Site.
5.1 Product delivery
- Product delivery shall be carried out electronically, through the VoxiKids App; or in a Client account, based on a username and a password, through the VoxiClinic platform.
- Product delivery may be carried our either free of charge or for a fee, depending on the conditions applicable to the Order, which shall be communicated to you when you finalise your Order. For example, a part of the Platform may be available either as a freemium service (meaning that part of the content may be freely accessible, while another part of it may only be available to paying Clients) or trial as a trial service (which implies a testing period where you may try the VoxiKids App and VoxiClinic Platform for free).
- For digital products and e-products, delivery shall be carried out electronically, by supplying you with a code, download link or any other method we make available and communicate to you via email / in your Client Account. Delivery will occur only after the full payment for the Products is made. Please check your inbox often, as well as your SPAM / Other / Promotions / Updates folders, depending on the email client you’re using.
- It is very important that, when placing an Order, you input a valid email address that you use currently, as this is where we will send you all the details.
- We reserve the right to delay or cancel any Product delivery if it cannot be honoured due to reasons independent of our will, which include but are not limited to: events of force majeure, wars, terrorist acts, protests, riots, civil unrest, fires, explosions, floods, epidemics, pandemics, strikes etc.
Transfer of risk and property over the Products
In brief:After you purchase a Product from us, all the risks are transferred to you.
- In the case of digital products, you shall receive a non-exclusive license, limited to the duration of time for which you have chosen the Products, as we reserve ownership rights (or any person expressly indicated by us in Specifications or any other identifiable place). We remind you that our Products are intended for the personal use of the Client, and not for any other persons aside from the ones indicated via the Order, the license being limited to the use of the Client.
- Subsequent to Order payment, all risks are transferred to you, excepting point (1) discussed above, and VoxiKids cannot be held accountable in any way for any kind of damage.
- Please make sure in advance that the device you intend to use to access VoxiKids / VoxiClinic (smartphone, tablet, laptop, desktop PC etc.) is compatible with our performance requirements.VoxiKids is not responsible in any way for any damage that you may incur if the requirements have not been complied with. We are constantly working toward improving our Products; however, we cannot guarantee, even when our specifications are met, that VoxKids will run on your devices.
7. The Client’s rights of withdrawal
In brief:Our Products are exempt from the right of withdrawal, in accordance with applicable law.
- Please bear in mind that the majority of the Products on the Platform represent Products for which the law in effect does not mandate us to offer a right of withdrawal and, implicitly, to refund the amounts already paid via the Transaction.
- Our Products represent: (a) digital licenses (access based on a username and password), (b) services, for which you offer your express agreement to not be reimbursed for the amounts paid, Product delivery is considered ‘to be executed in full’ upon Payment in exchange for access for points (a) and (b), and upon the performance of services for point (c).
- In exceptional cases we may decide, at our free discretion, to refund certain amounts (total or partial), based on the characteristics of particular cases, according to our standing commercial policy. However, this does not involve a responsibility or obligation for us to proceed in this manner at all times.
In brief:Our products benefit from warranties offered in accordance with law and applicable to us. In the event that the warranty is not applicable (e.g. in the case of specific Products or Services), we shall either indicate next to the Products in question any existing warranties, or we shall do so in our general policy concerning Order management.
8.1 Digital product warranty
- For electronic / digital products that involve immediate access, you agree that you do not benefit from a legal warranty, in accordance with current legal provisions.
- Cu toate acestea, întrucât dorința noastră este de a avea în permanență clienții mulțumiți, vom putea implementa o politică de garanție comercială pentru anumite tipuri de Produse digitale oferite prin care să putem returna sumele plătite (total sau parțial) într-un anumit termen.
- The exact conditions of this reimbursement of the amounts discussed in point 8.1.(3) shall be indicated next to every Product.
In brief: Everything you see on the Platform either belongs to us in terms of intellectual property, or we have right of use over them, and you are obligated to respect these rights and not use anything from our Site without our consent.
- Trade names, brands, copyright, royalties and any other intellectual property rights registered or in the process of being registered, related to Products owned or used by the Seller, are and shall remain the exclusive property of the Seller or their licensors. The Client shall have no rights or claims over these.
- You shall not behave in any way that may harm the rights referred to in art. 9 above. You are obligated to not use in your activities any signs or similar or identical naming with the brands, trade names of Products and Services etc., either as part of a name or in any other manner.
- All information available on the Platform (including, but not limited to, static or dynamic images, texts, logos, symbols, commercial representations, videos etc.) that can be viewed or accessed in any way through the use of an electronic device, the content of emails sent by us, any information communicated to you (including, but not limited to, data pertaining to the Provider, their activities etc.) through any means by a representative of the Provider, are and shall remain the exclusive property of the Provider. The Provider reserves all the rights thus obtained directly or indirectly (such as through licenses for use and/or publishing, exclusive/non-exclusive, limited/unlimited in time etc.). You may copy, transfer and/or utilise this type of data for personal use only, or outside of any professional activity and only in situations that do not conflict with these terms and conditions.
- It is strictly prohibited to use the content available on the Site/Platform for any purposes other than the ones allowed by the present Contract or under its usage conditions, where applicable.
Audio & video recording and screen capture
- It is strictly prohibited to record (including via screen recording) any part of the VoxiKids App or VoxiClinic, regardless of whether it is used via AppStore / Google Play Store support or online.
- When you have sessions with speech language pathologists (SLPs) that are monitored via video, in order to deliver the Professionals’ Services, any audio or video recording is prohibited.
Advertising and commercial communication
In brief: Before we engage in any direct marketing activities, we shall ask for your consent. However, situations may arise where we send you commercial communications based on our legitimate interest, as we have explained in the Information Note.
- The majority of the materials you can find on the Platform are available for download free of charge. By downloading these Products, you thereby agree to sign up for our newsletter, to stay up to date with the latest news we publish, information about any upcoming products or services, ongoing campaigns and special offers from our partners. These offers will not be transmitted separately, as they are part of our everyday communication, where applicable..
- We use affiliate marketing tools. This means that if you click on any of the links in our articles that lead to external websites, and you place an order there, we obtain a small commission as a result of this transaction. You do not incur any additional expenses, and it helps us to continue developing our educational and informational projects.
- Whenever we post advertorials on our web pages, we shall indicate them expressly and include a full disclosure. We cannot mislead you or cause you to purchase a product or service that you are not comfortable with.
- You may give your consent to receive commercial communications via email or social media, allowing us and our collaborators to contact you in this manner, by ticking the appropriate option at the end of these manner, by ticking the appropriate option at the end of these terms and conditions or in the dedicated area on the Platform.
- You may withdraw your consent at any time, regarding these commercial communications, by:
a) unsubscribing from our Newsletters or commercial communications, at any time, by accessing the dedicated link found within every Newsletter;
b) ticking the consent withdrawal option in the dedicated section on the Platform, where applicable.
- The present procedure will be included in every commercial communication that we send you.
- Our newsletters and commercial communications are sent through specialised partners approved by us, to whom you agree.
- Unsubscribing for our Newsletters or any other commercial communication does not imply withdrawing your consent for the rest of the terms and conditions regarding online sales performed by the Seller, it shall take effect only for the future, as any prior processing is considered legal. Please bear in mind that it is possible for you to receive commercial communications from us for a short duration after you have withdrawn your consent, until the full update of our database or until a back-up cycle is completed.
- We reserve the right to select the persons to whom we send our Newsletters and other commercial communications, as well as to remove from our database any User or Client who has previously expressed their consent to receive the Newsletter and other commercial communications, without any subsequent commitment or any notification from us and without being legally accountable for these actions.
In brief: we are not liable for any kind of damage that may result from the purchase of our Products on the Platform.
- The content of our Products and Services does not represent a medical consultation and does not replace a diagnosis or professional treatment. The VoxiKids Platform was created to serve as a useful instrument, to turn speech therapy into a form of play, aiming to help with the recovery of language delays.
- VoxiKids accepts no liability for any damage incurred, directly or indirectly, and is not obligated to produce a certain result. To the extent that you have been diagnosed with a medical problem, which requires specialised treatment, our recommendation is that you contact the relevant professionals, in accordance with the regulations in force.
- The VoxiKids App is not a personal speech therapist, does not provide medical or therapeutic consultations and cannot replace professional medical or therapeutic assistance.
Third party links
- The Platform may contain links to other websites on the Internet, which are owned and operated by our suppliers and other third parties („Third Party Sites”). VoxiKids accepts no liability for any content on any external website. When you decide to click on such a link, we encourage you to contact that Third Party Site’s administrator if you have any questions regarding third-party links or the content found on Third Party Sites.
- When you leave the VoxiKids Platform, we encourage you to read the terms & conditions and the confidentiality policy of each Third-Party Site you visit or use, and to not give away your data unknowingly.
- VoxiKids has no control over any such links and accepts no liability for the content, accuracy, confidentiality policies, services, practices, or opinions expressed on these Third-Party Sites, regardless of whether these come from the Third-Party Sites or from users.
Third party interactions
- VoxiKids accepts no liability for your interactions with organisations, enterprises, professionals and/or individuals that you may come in contact with via the Platform, directly or indirectly. Here we include, for example, the payment and delivery of goods and services, as well as any other terms, conditions, guarantees or any other representations of such interactions. The relationships established are solely between you and these third parties.
- Prior to establishing any form of collaboration, you should make all necessary efforts and conduct any kind of investigation you consider necessary to continue with an online or offline transaction with any of these third parties – editors, publishers, Professionals etc. VoxiKids accepts no liability for any kind of damage or loss caused, directly or indirectly, as a result of such interactions.
- You are solely responsible for the actions, content, information or data provided to third parties, including other users. You are solely responsible for your interactions with other users of the Services, and with any other party that you interact with through the Platform. We can intervene in these disputes to try to solve them, with the aim of improving our Services and maintaining the quality of the Platform, but we are not obligated to do so.
- We are not responsible for the accuracy of the information you provide through the Platform, as you are solely responsible for any kind of data that you provide to us or other Users and / or Professionals.
- If you have a dispute with other persons, Users or Professionals, you exonerate us (and our affiliates, agents, employees, partners, subsidiaries, representatives etc) of any kind of claims, requests and damages, direct or indirect, potential or suspected, disclosed or undisclosed, which result from, or are tied in any way to, such disputes and / or Services and Products offered.
- We are not obligated to obtain a certain result, only to exercise due diligence, which means that we will do everything we can to deliver the Products or Services, however we cannot guarantee their performance, and you expressly agree to this.
Implementing social media functionalities
- Trebuie să reții că în momentul respectiv interacțiunea ta este cu aceste platforme sociale și te încurajăm să citești cu atenție termenii & condițiile acestora, politica de confidențialitate, precum și setările pe care le ai implementate.
- VoxiKids will not share information about you or about your child on Facebook or other social media..
- . Under certain conditions, we reserve the right to use certain information derived from our interactions with you, in anonymised form, to present case studies to our readers or targeted clients (for example, when we want to show how VoxiKids has helped improve speech/language/pronunciations deficiencies).
- To the extent that we do not use personal data that could identify you or your child in any way, we will not ask for your consent. It is, however, possible that we contact you directly to ask you whether you allow us to use certain personal data belonging to you or your child in our case studies. We use this data to present real scenarios as accurately as possible and we shall not use the data in any other way. Your refusal in this regard will not result in you being banned from using the Platform.
In brief: you are responsible for the Orders placed, the data provided and the manner in which you use the VoxiKids platform, including our social pages
12.1. Content created by you as a User or Client
- All the content (text, photo, video, etc) that you post via the Platform (such as product reviews, sent messages, social media posts that you tag us in, social media shares, or comments left on social pages), hereafter referred to as ”Content” is the exclusive responsibility of the person that has created the content.
- Although he we do usually monitor the content posted by our Users/Clients, we reserve the right to do so and to eliminate any content that goes against these Terms (or applicable law) that we are aware of, but we do not have any obligation to do so.
- In the event that we are held accountable for the content posted by our Users/Clients on the Platform, we reserve the right to act against the said User/Client and seek full compensation for the damages suffered.
- Any use of any content or materials posted via the Platform or obtained through the Platform, is done at your own risk. If we are notified by a third party that the content that you are sending or posting is violating these Terms or any applicable law, either in letter or spirit, we reserve the right to remove this content from the Platform without prior notification.
- We do not encourage, support, represent or guarantee in any way the accuracy of the content or communications posted via the Platform, and we do not support and/or join in the opinions expressed by Users/Clients over the Products on the Platform, them being the only ones responsible for said content.
- By using the Platform, you agree and accept that you may become exposed to content that could be defamatory, denigrating, inaccurate or inappropriate or, in certain situations, that misleading posts may exist. We accept no liability for this content, including but not limited to error or omissions or for any kind of damage, material or moral, direct or indirect, that has been emailed, posted on social media or made public in any other manner via the Products, the Platform or a different context.
12.2. Using the Platform
You shall not use the Platform:
a) if you are under 13 years of age, without approval from a parent or guardian;
b) in any way that breaks any law, local or national regulations, or any court order in any relevant jurisdiction;
c) for any purpose that is not allowed by these Terms;
d) in any way that violates the rights of any person or entity, including copyright, trademark or any other intellectual property rights or any private or contractual rights;
e) to distribute advertising of any kind, or to communicate in any way any material or message that is false or misleading, including pertaining to competitors, potential competitors etc.;
f) in any manner that, intentionally or unintentionally, harasses, threatens or intimidates any other User or visitor;
g) in any manner that, intentionally or unintentionally, promotes or incites racism, violence, hate, physical or moral harm of any kind;
h) in any manner that is abusive, defamatory, misleading, obscene, offensive or sexually explicit;
i) to post photos or images of another person without their permission (and if they are a minor, their legal guardian’s permission);
j) to promote illegal activities or behave in any way to leads to encouraging, purchasing, or conducting any illegal or criminal activity, or that can cause harm, suffering or displeasure to any person;
k) to access, manipulate, or cause damage, or to use areas that are not intended for public use from our Services, information systems, servers, company equipment or from the technical delivery systems of our suppliers;
l) to access or to try to access data belonging to other Users of our Products/Platform; to enter, access, hack any of the security measures pertaining to the Products; to probe, scan or test the vulnerability of any system or network; to infringe or avoid any security or authentication method;
m) in any manner that, intentionally or unintentionally, misleads or aims to deceive another User or visitor on the Platform;
n) to introduce malware, viruses or any other harmful worm (software program) that damages or interferes with the functioning of our Products, including but not limited to cancelbots, denial of service attacks, time bombs, worms, trojan horses, viruses or any other malicious software or hardware;
o) to interfere with or disrupt (or to try to do so) the access of any User, host or network, including but not limited to sending a virus, overloading, flooding, spamming, email bombing of services, or by writing content creating scripts such that they interfere with, or create an unjustified burden for, our services;
p) to copy, modify or distribute other Users’ content without their consent;
q) for any other commercial purposes aside, the ones expressly allowed by these Terms;
r) to bypass the measures set in place to prevent or restrict access to Products;
s) to request or offer illegal services;
t) to gather or collect information about other Users or visitors without their consent;
u) to obtain unauthorised access to Products, the server on which the Products are stored, or any server, computer or database connected to the Products;
v) to falsify any TCP/IP packet header, or any part of the header information in any email or post, or to use the Products to send altered, deceiving or false source information;
w) to hash, crawl, keep or use the Products or any content for phishing, spam, trolling or any unauthorised (commercial) purpose;
x) to promote, support or request involvement in any other platform or cause (political, religious), recognised as organised or unorganised, in cult or sect of any kind.
- We accept no liability for any damages caused to you as a User or Client, or to any third party, as a result of our fulfilment of an Order and the obligations deriving from that, or for damages resulting from the improper use of the delivered Products. To the extent that limiting liability as per the above is not possible under applicable law, we accept liability up to the cost of the Products in the Order.
- You agree to safeguard the username and password associated with your Account, being solely responsible in the event of their fraudulent use by a third party.
- We are not responsible for any damage caused by technical malfunctions on the Platform (g.e.g the impossibility of accessing any link on the Platform).
- You can reach us using the email address found in the “Support” area the „Contact” area on the Platform, for any query or problem that you might have pertaining to the Products, including to identify and correct potential errors that have occurred with data input. Depending on the technical capabilities of the Platform, it is possible that you have other means of communicating with us available for you (such as online chat, communication from within your user account, social media pages etc.), that we will notify you of. However, in the event that you do not inform us of these problems before we issue our notifications, or before we provide the Products, any modifications will not be possible outside of exceptional circumstances, which do not require a disproportionate effort on our behalf and that are legally valid.
- For any notices or complaints pertaining to the Products, you have at your disposal our complaints form, accessible on the Platform or other available means of contact, depending on the technical development of the Platform. In the event that no such section exists, you will still be able to follow the steps described above.
- Notices received shall be resolved within 30 (thirty) calendar days of receiving them.
- Please bear in mind that we are not obligated to respond to any requests for information and advice received via the Platform in the absence of payment for the services provided.
Using and processing personal data
- Neither the Provider nor the Client shall be responsible for not performing their contractual obligations, if such a failure to perform on time and/or adequately, totally or partially, is caused by an event of force majeure, as defined by the Romanian Civil Code.
- If within 15 days (fifteen) from the date of first occurrence of the event of force majeure, the event does not end, the Seller and the Client shall both have the right to notify the other party of the termination of contract, without either party being able to claim damages.
Applicable law and dispute resolution
- The present document represents a legally binding distance contract, accepted by simply ticking a box, and is subject to Romanian law.
- We shall all try to amiably resolve any dispute or misunderstanding that might occur. To the extent that an amiable resolution is not possible, litigations shall be resolved in Romanian courts, according to law.
- Details pertaining to alternative dispute resolution methods can be found here:
Modifications to this document
At certain intervals, it is possible that we may modify this document and we shall decide the optimal way to notify each User (via pop-up, push notification, email etc.). Consequently, we recommend that you access this page to always read the most recent version.
This document was last updated on October 2, 2020.