Terms of Service
OVERVIEW
This website is operated by Anima Phonics (“The Company”, “Company”). Throughout the site, the terms “we”, “us” and “our” refer to Anima Phonics. Anima Phonics offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
Anima Phonics’ registered office is at Chestnut Court, 55 Union Road, Sheffield, South Yorkshire, S11 9EH. You can contact us at [email protected].
By visiting our site and/or purchasing something from us, you engage in our “Service” (“Services”) and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
No part of these Terms of Service is intended to, or shall be interpreted to, establish any partnership or joint venture between any of the parties, nor permit any party to enter into commitments for or on behalf of any other party.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access all the functions of this website or the Services.
Any new features or tools which are added to the current website shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. Any changes we make that affect your privacy or the personal data we hold about you are governed by our Privacy Policy: https://www.animaphonics.com/privacy.
Our store is hosted on Weebly, Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you. Our subscription payments are processed by Stripe Payments Europe, Ltd.
SECTION 1 – USE OF SERVICE
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your country, state or province of residence, or that you are the age of majority in your country, state or province of residence and you have given us your consent to allow any of your minor dependents to use this site when supervised.
When using this service, you are not permitted to impersonate any person, employee, entity or representative of the Company. By using this service, you represent and warrant that you are of legal age to form a binding agreement. If you register as a business entity, you represent that you have the legal authority to bind that entity. You must comply with all local laws applicable to your business. If you link to the service in any way, the Company reserves the right to revoke your right to link at any time. Anima Phonics reserves the right to require written consent prior to linking to the service.
You may not use our products for any illegal or unauthorised purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services, and no refund of prepaid services will be made.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 – REGISTRATION
To become a member of this service (“Member”) and to access the Services, you will need to register, and continued membership is subject to the Company’s recurring subscription charges.
You may change the membership package (“Membership”) to which you are subscribed at any time, subject to the Terms of Service.
To become a Member you must provide the Company with selected information about you via a registration form. Use of this information is detailed in the Company’s Privacy Policy, which can be found at https://www.animaphonics.com/privacy.
All information submitted during registration must be accurate, current and true, and you are required to update this information to ensure it remains accurate, current and true. The Company has the right to cancel your membership and refuse any future use of this Service should any information you provide not be accurate, current, true and complete.
When registering for a school membership (“School Membership”), you are required to use an official school (or educational establishment) email address. It is not permitted to upgrade a home membership (“Home Membership”) to a School Membership. Any person upgrading to a School Membership using an email address not assosicated with an official educational establishment may have their Membership access removed.
Once a School Membership has been registered, you will have access to the services for one user (“Lead Member”). Within two working days, you will be given access to a dedicated registration page for additional users (“Secondary Member”) to register by creating their own username and password.
The Lead Member will have access to the Services for the initial subscription period (usually 12 months), and for as long as subscription payments are made thereafter. Secondary Members will have access for the initial subscription period, plus 14 days. To maintain Membership and uninterrupted access to the Services, Secondary Members are required to re-register following receipt of subscription payments. Lead Members and Secondary Members will be contacted prior to billing renewal with timely reminders. Lead Members and Secondary Members will be contacted following receipt of subscription payment, with instructions for Secondary Members to renew their Membership.
A School Membership provides a site license (“Site License”) for an unlimited number of users based at the same educational premises. Secondary Members must all be based at the same educational premises, and their school email must match that of the Lead Member. Where academic chains and educational groups are concerned, an individual Site License must be obtained for each geographical setting. Schools within an umbrella group must therefore each use their own Site License. The Company reserves the right to confirm Secondary Members' email addresses match with staff lists shown on their respective educational establishments websites.
Secondary Members agree to be bound by these Terms of Service.
A valid email address is required to register, and this will serve as your username. You will be required to create a password: choose a password that uses upper and lower case letters, numbers and symbols. Avoid obvious dates or words, and keep your username and password confidential. When your session is finished, log off from the service to prevent unauthorised access. In the event of any unauthorised access, you should immediately inform the Company. You can also request a change of password via the “My Account” area of the Service.
The Company may require you to change your username and/or password. The Company reserves the right to cancel your username and/or password without notice if the Company becomes aware of any breach of these Terms of Service.
Once you receive a confirmation email you will be deemed a Member, and you will have access to the Services, as per the terms of your Membership package.
You may cancel your Membership at any time, subject to these Terms of Service (see Section 5 – Termination).
SECTION 4 – CHARGES AND PAYMENTS
Subscription charges are decided by which Membership package you subscribe to, as detailed on the website at the time of purchase.
All charges will be made in advance of your payment period until your Membership is cancelled (see Section 5 – Termination). Details of charges are shown during the registration process, and are expressed in UK Pounds. The Company reserves the right to adjust our pricing structure and to offer discounts for new customers at any time and without prior notice. Any changes to our pricing structure will be communicated through our website.
Your Membership period starts on the date you register for the Services and finishes on the same calendar date in the following period. Periods are linked to either monthly or annual recurring payments, as detailed during the registration process.
All charges are payable upon registration and subsequent periodic payment dates. Membership fees are payable by any MasterCard, Visa, or American Express credit cards. Credit card details are encrypted to limit the possibility of unauthorised access. Storage of encrypted payment details will be handled by our PCI level 1 compliant payment service provider Stripe.com. Anima Phonics will only have access to the last four digits of the credit card number, expiry date and card type.
In the event that payment cannot be processed using credit card details provided, the Company will notify you that payment will be attempted the following working day. If after seven days payment is still not received, the Company reserves the right to suspend your account until payment has been received in full.
Membership packages may be offered with an initial free trial. The length of trials may differ, and the Company reserves the right to modify or remove a free trial offer at any time and without prior notice. Discounts may also be negotiated with schools and Members, and the Company reserves the right to tailor Membership packages to different school settings. Any discounted or negotiated price is valid for the initial period, either one month or one year, and the Company reserves the right to charge the full price for the next billing period.
School Membership may also be paid by invoice. To issue an invoice, the Company requires the lead user to submit details of a colleague with purchasing power. Upon submission, the Lead Member will have access to the service for one user. Within two working days, a dedicated registration page for Secondary Members will be created, where Secondary Members can create their own username and password. Invoices will be issued within seven days of registration. Payment of invoices must be settled within 30 days of invoice date. If payment is not received within 30 days, the Company reserves the right to suspend Membership for both Lead and Secondary Members until payment is processed. The Membership period begins when the Lead Member completes their initial registration.
SECTION 5 – TERMINATION
These Terms of Service are effective unless and until terminated by either you or us. Should you object to any of these Terms of Service, your only recourse is to immediately discontinue using this Service. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services. Termination may either be given through email correspondence or by using the ‘Cancel’ feature of the website: https://www.animaphonics.com/cancel. If emailing, cancelation is only confirmed once we respond by email confirming cancelation, and this can take up to five working days. Cancellation will take effect from the next payment period and no refund will be given for any membership already paid. Email cancellations must be received five working days prior to the next billing period. If cancellation requests are received in less than five days before the next billing date, you may be charged for the next period and no refund will be given. Following cancellation, you will have access to the Services for the remainder of your pre-paid period. Should you wish to remove your access immediately, you will need to contact the Company directly vie email: [email protected].
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof). The Company may terminate this agreement if it does not receive timely payment under your subscription, if it believes you have breached these Terms of Service, if it is unable to verify the accuracy of any information you have provided or if it suspects fraudulent and/or illegal activity by you or anyone representing you.
You may change subscription plan at any time. No refund will be given for any subscription fee paid in advance. To change subscription plan, a Member should use the Cancel feature on the website (https://www.animaphonics.com/cancel) and then subscribe to the new Membership package. Alternatively, a Member can use the Contact page to request support in changing their Membership package. A change of Membership is not confirmed until an email response has been received from the Company.
The Company reserves the right to cancel any Secondary Membership that does not match the educational establishment of the Lead Member, or does not match the email address of the Lead Member. If the Company suspects a Site License is being fraudulently used beyond one geographical location, the Company reserves the right to limit users access until resolved, and ultimately cancel School Membership. No refund will be given for any subscription fee paid in advance.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
SECTION 6 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
The Company advises that you seek additional professional advice before relying on the information on this service. Under no circumstances will the company be liable for any information it provides, including, but not limited to, any omissions or errors including, but not limited to, music, text, software, visuals, photographs, videos, sound or other material (known as “Content”), or any damage of any kind, including loss, incurred by use of or exposure to any Content shared, blogged, posted, emailed, accessed, transmitted, or otherwise through the Services.
SECTION 7 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. The company reserves the right to remove, discard or withhold any Content deemed available as part of your account, including any Content contributed by you or other users, with or without notice. The company has no obligation to maintain or provide you with a copy of any Content provided by you or other users whilst using the Services. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 8 - PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. In the case that a purchase is made, but we do not have the quantities to fulfil the order, we will notify you of any likely delay in fulfilling the order.
We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
No special relationship exists between you and the Company. You acknowledge that the Company has no control over, and no duty to take action regarding: which users have access to the Services; Content you may access via the Service; what effects the Content may have upon you or your dependents; how the Content is interpreted and used by you and your dependents; or actions you decide to take as a result of being exposed to the Content and Services.
You agree to release the Company from all liability for having accessed or not accessed Content through the Services. The Services may contain, or link to services containing, information and content that some people may deem inappropriate or may find offensive.
SECTION 9 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, per educational establishment, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 10 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service. The Company reserves the right to only offer new services and/or features to new customers or select Members.
SECTION 11 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 12 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, "Comments"), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Comments that you forward to us. We are and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments.
We do not claim ownership of any Content submitted by you on the Service or through the Services. You hereby grant to the Company a non-exclusive, royalty-free, fully paid, transferable, sub-licensable, perpetual, worldwide license to use the Content that you post on the service. This includes, but is not limited to, blog posts and email submissions. The Company is not required to inform you, or seek permission, if the Company uses your submitted Content in any way. Use of your submissions is subject to the Company’s Privacy Policy, which can be found here: https://www.animaphonics.com/privacy.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 13 - PERSONAL INFORMATION
Your submission of personal information through the store and our site is governed by our Privacy Policy: https://www.animaphonics.com/privacy.
SECTION 14 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 15 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 16 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
Whilst the Company will endeavour to provide you with uninterrupted access to this Service, you agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You permit the Company to withdraw, adapt, modify, discontinue or suspend one of more parts of the Service, where the Company has a good reason to do so, including, but not limited to, legal or technical requirements. The Company is not liable for any failures or outages in Internet infrastructure. Wherever possible, the Company will try to give reasonable notice of the Company’s intention to withdraw, adapt, modify, discontinue or suspend one of more parts of the Service.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Anima Phonics, its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some countries, states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 17 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Anima Phonics and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 18 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 19 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
These Terms of Service supersede all representations, communications and prior agreements (written or oral).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
You are required to report any violations of these Terms of Service to info[at]animaphonics.com.
SECTION 20 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the United Kingdom of Great Britain and Northern Ireland.
SECTION 21 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 22 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at info[at]animaphonics.com. Submissions may also be made via the Contact page of the website: https://www.animaphonics.com/contact.
This website is operated by Anima Phonics (“The Company”, “Company”). Throughout the site, the terms “we”, “us” and “our” refer to Anima Phonics. Anima Phonics offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
Anima Phonics’ registered office is at Chestnut Court, 55 Union Road, Sheffield, South Yorkshire, S11 9EH. You can contact us at [email protected].
By visiting our site and/or purchasing something from us, you engage in our “Service” (“Services”) and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
No part of these Terms of Service is intended to, or shall be interpreted to, establish any partnership or joint venture between any of the parties, nor permit any party to enter into commitments for or on behalf of any other party.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access all the functions of this website or the Services.
Any new features or tools which are added to the current website shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. Any changes we make that affect your privacy or the personal data we hold about you are governed by our Privacy Policy: https://www.animaphonics.com/privacy.
Our store is hosted on Weebly, Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you. Our subscription payments are processed by Stripe Payments Europe, Ltd.
SECTION 1 – USE OF SERVICE
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your country, state or province of residence, or that you are the age of majority in your country, state or province of residence and you have given us your consent to allow any of your minor dependents to use this site when supervised.
When using this service, you are not permitted to impersonate any person, employee, entity or representative of the Company. By using this service, you represent and warrant that you are of legal age to form a binding agreement. If you register as a business entity, you represent that you have the legal authority to bind that entity. You must comply with all local laws applicable to your business. If you link to the service in any way, the Company reserves the right to revoke your right to link at any time. Anima Phonics reserves the right to require written consent prior to linking to the service.
You may not use our products for any illegal or unauthorised purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services, and no refund of prepaid services will be made.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 – REGISTRATION
To become a member of this service (“Member”) and to access the Services, you will need to register, and continued membership is subject to the Company’s recurring subscription charges.
You may change the membership package (“Membership”) to which you are subscribed at any time, subject to the Terms of Service.
To become a Member you must provide the Company with selected information about you via a registration form. Use of this information is detailed in the Company’s Privacy Policy, which can be found at https://www.animaphonics.com/privacy.
All information submitted during registration must be accurate, current and true, and you are required to update this information to ensure it remains accurate, current and true. The Company has the right to cancel your membership and refuse any future use of this Service should any information you provide not be accurate, current, true and complete.
When registering for a school membership (“School Membership”), you are required to use an official school (or educational establishment) email address. It is not permitted to upgrade a home membership (“Home Membership”) to a School Membership. Any person upgrading to a School Membership using an email address not assosicated with an official educational establishment may have their Membership access removed.
Once a School Membership has been registered, you will have access to the services for one user (“Lead Member”). Within two working days, you will be given access to a dedicated registration page for additional users (“Secondary Member”) to register by creating their own username and password.
The Lead Member will have access to the Services for the initial subscription period (usually 12 months), and for as long as subscription payments are made thereafter. Secondary Members will have access for the initial subscription period, plus 14 days. To maintain Membership and uninterrupted access to the Services, Secondary Members are required to re-register following receipt of subscription payments. Lead Members and Secondary Members will be contacted prior to billing renewal with timely reminders. Lead Members and Secondary Members will be contacted following receipt of subscription payment, with instructions for Secondary Members to renew their Membership.
A School Membership provides a site license (“Site License”) for an unlimited number of users based at the same educational premises. Secondary Members must all be based at the same educational premises, and their school email must match that of the Lead Member. Where academic chains and educational groups are concerned, an individual Site License must be obtained for each geographical setting. Schools within an umbrella group must therefore each use their own Site License. The Company reserves the right to confirm Secondary Members' email addresses match with staff lists shown on their respective educational establishments websites.
Secondary Members agree to be bound by these Terms of Service.
A valid email address is required to register, and this will serve as your username. You will be required to create a password: choose a password that uses upper and lower case letters, numbers and symbols. Avoid obvious dates or words, and keep your username and password confidential. When your session is finished, log off from the service to prevent unauthorised access. In the event of any unauthorised access, you should immediately inform the Company. You can also request a change of password via the “My Account” area of the Service.
The Company may require you to change your username and/or password. The Company reserves the right to cancel your username and/or password without notice if the Company becomes aware of any breach of these Terms of Service.
Once you receive a confirmation email you will be deemed a Member, and you will have access to the Services, as per the terms of your Membership package.
You may cancel your Membership at any time, subject to these Terms of Service (see Section 5 – Termination).
SECTION 4 – CHARGES AND PAYMENTS
Subscription charges are decided by which Membership package you subscribe to, as detailed on the website at the time of purchase.
All charges will be made in advance of your payment period until your Membership is cancelled (see Section 5 – Termination). Details of charges are shown during the registration process, and are expressed in UK Pounds. The Company reserves the right to adjust our pricing structure and to offer discounts for new customers at any time and without prior notice. Any changes to our pricing structure will be communicated through our website.
Your Membership period starts on the date you register for the Services and finishes on the same calendar date in the following period. Periods are linked to either monthly or annual recurring payments, as detailed during the registration process.
All charges are payable upon registration and subsequent periodic payment dates. Membership fees are payable by any MasterCard, Visa, or American Express credit cards. Credit card details are encrypted to limit the possibility of unauthorised access. Storage of encrypted payment details will be handled by our PCI level 1 compliant payment service provider Stripe.com. Anima Phonics will only have access to the last four digits of the credit card number, expiry date and card type.
In the event that payment cannot be processed using credit card details provided, the Company will notify you that payment will be attempted the following working day. If after seven days payment is still not received, the Company reserves the right to suspend your account until payment has been received in full.
Membership packages may be offered with an initial free trial. The length of trials may differ, and the Company reserves the right to modify or remove a free trial offer at any time and without prior notice. Discounts may also be negotiated with schools and Members, and the Company reserves the right to tailor Membership packages to different school settings. Any discounted or negotiated price is valid for the initial period, either one month or one year, and the Company reserves the right to charge the full price for the next billing period.
School Membership may also be paid by invoice. To issue an invoice, the Company requires the lead user to submit details of a colleague with purchasing power. Upon submission, the Lead Member will have access to the service for one user. Within two working days, a dedicated registration page for Secondary Members will be created, where Secondary Members can create their own username and password. Invoices will be issued within seven days of registration. Payment of invoices must be settled within 30 days of invoice date. If payment is not received within 30 days, the Company reserves the right to suspend Membership for both Lead and Secondary Members until payment is processed. The Membership period begins when the Lead Member completes their initial registration.
SECTION 5 – TERMINATION
These Terms of Service are effective unless and until terminated by either you or us. Should you object to any of these Terms of Service, your only recourse is to immediately discontinue using this Service. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services. Termination may either be given through email correspondence or by using the ‘Cancel’ feature of the website: https://www.animaphonics.com/cancel. If emailing, cancelation is only confirmed once we respond by email confirming cancelation, and this can take up to five working days. Cancellation will take effect from the next payment period and no refund will be given for any membership already paid. Email cancellations must be received five working days prior to the next billing period. If cancellation requests are received in less than five days before the next billing date, you may be charged for the next period and no refund will be given. Following cancellation, you will have access to the Services for the remainder of your pre-paid period. Should you wish to remove your access immediately, you will need to contact the Company directly vie email: [email protected].
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof). The Company may terminate this agreement if it does not receive timely payment under your subscription, if it believes you have breached these Terms of Service, if it is unable to verify the accuracy of any information you have provided or if it suspects fraudulent and/or illegal activity by you or anyone representing you.
You may change subscription plan at any time. No refund will be given for any subscription fee paid in advance. To change subscription plan, a Member should use the Cancel feature on the website (https://www.animaphonics.com/cancel) and then subscribe to the new Membership package. Alternatively, a Member can use the Contact page to request support in changing their Membership package. A change of Membership is not confirmed until an email response has been received from the Company.
The Company reserves the right to cancel any Secondary Membership that does not match the educational establishment of the Lead Member, or does not match the email address of the Lead Member. If the Company suspects a Site License is being fraudulently used beyond one geographical location, the Company reserves the right to limit users access until resolved, and ultimately cancel School Membership. No refund will be given for any subscription fee paid in advance.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
SECTION 6 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
The Company advises that you seek additional professional advice before relying on the information on this service. Under no circumstances will the company be liable for any information it provides, including, but not limited to, any omissions or errors including, but not limited to, music, text, software, visuals, photographs, videos, sound or other material (known as “Content”), or any damage of any kind, including loss, incurred by use of or exposure to any Content shared, blogged, posted, emailed, accessed, transmitted, or otherwise through the Services.
SECTION 7 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. The company reserves the right to remove, discard or withhold any Content deemed available as part of your account, including any Content contributed by you or other users, with or without notice. The company has no obligation to maintain or provide you with a copy of any Content provided by you or other users whilst using the Services. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 8 - PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. In the case that a purchase is made, but we do not have the quantities to fulfil the order, we will notify you of any likely delay in fulfilling the order.
We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
No special relationship exists between you and the Company. You acknowledge that the Company has no control over, and no duty to take action regarding: which users have access to the Services; Content you may access via the Service; what effects the Content may have upon you or your dependents; how the Content is interpreted and used by you and your dependents; or actions you decide to take as a result of being exposed to the Content and Services.
You agree to release the Company from all liability for having accessed or not accessed Content through the Services. The Services may contain, or link to services containing, information and content that some people may deem inappropriate or may find offensive.
SECTION 9 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, per educational establishment, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 10 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service. The Company reserves the right to only offer new services and/or features to new customers or select Members.
SECTION 11 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 12 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, "Comments"), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Comments that you forward to us. We are and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments.
We do not claim ownership of any Content submitted by you on the Service or through the Services. You hereby grant to the Company a non-exclusive, royalty-free, fully paid, transferable, sub-licensable, perpetual, worldwide license to use the Content that you post on the service. This includes, but is not limited to, blog posts and email submissions. The Company is not required to inform you, or seek permission, if the Company uses your submitted Content in any way. Use of your submissions is subject to the Company’s Privacy Policy, which can be found here: https://www.animaphonics.com/privacy.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 13 - PERSONAL INFORMATION
Your submission of personal information through the store and our site is governed by our Privacy Policy: https://www.animaphonics.com/privacy.
SECTION 14 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 15 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 16 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
Whilst the Company will endeavour to provide you with uninterrupted access to this Service, you agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You permit the Company to withdraw, adapt, modify, discontinue or suspend one of more parts of the Service, where the Company has a good reason to do so, including, but not limited to, legal or technical requirements. The Company is not liable for any failures or outages in Internet infrastructure. Wherever possible, the Company will try to give reasonable notice of the Company’s intention to withdraw, adapt, modify, discontinue or suspend one of more parts of the Service.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Anima Phonics, its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some countries, states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 17 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Anima Phonics and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 18 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 19 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
These Terms of Service supersede all representations, communications and prior agreements (written or oral).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
You are required to report any violations of these Terms of Service to info[at]animaphonics.com.
SECTION 20 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the United Kingdom of Great Britain and Northern Ireland.
SECTION 21 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 22 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at info[at]animaphonics.com. Submissions may also be made via the Contact page of the website: https://www.animaphonics.com/contact.