Empowering Parents to Boost Young Minds
Empowering Parents to Boost Young Minds
This Purchase Agreement is a Contract.
Under the Terms of the Contract you receive certain rights due to you from the seller and you, in turn, give the seller certain rights that affect you. This Contract also contains provisions that delineate and restrict your rights about warranty and that limit the liability of the seller. You are deemed to have accepted these Terms and Conditions when payment has been made for the Services and these Terms and Conditions are the entire agreement between us.
Your pledge of an understanding of this Contract and acceptance of the rights, duties, and limitations embodied in it, is a material part of the legal consideration that the seller requires from you as a condition of sale.
1. These Terms and Conditions apply to the provision of the Services described in promotional or sales materials on this website and/or in an email referencing this website (“Services”), and said website and/or email and its contents are incorporated herein by reference and made a part hereof and constitute a complete description of the product, service or membership that is the subject matter of this Purchase Agreement by Support 4 Kids Ltd, a company registered in England and Wales under number 09681977 whose registered office is at International House, 12 Constance Street, London E16 2DQ, England (we or us or “Seller”) to the person buying the services (you or “Buyer”).
2. You acknowledge that you have not relied on any statement, promise or representation made or given by us or on our behalf. These Conditions apply to the Contract to the exclusion of any other terms that you try to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
3. The headings in these Terms and Conditions are for convenience only and do not affect their interpretation.
4. Words imparting the singular number shall include the plural and vice-versa.
5. You must provide us with any relevant permissions, consents, or otherwise that we need and must give us access to any and all relevant information and any other matters which we need to provide the Services.
6. If you do not comply with clause 5, we can terminate the Services.
7. We are not liable for any delay or failure to provide the Services if this is caused by your failure to comply with the provisions of this section (Your Obligations).
9. The Buyer understands that it is their sole responsibility to ensure that the Services are appropriate to address their child’s needs.
10. It is Buyer’s responsibility to monitor their child throughout the use of the Services. If the Buyer has, or comes to have, any concerns about their child’s wellbeing they should seek advice from their doctor.
11. The Services require active participation from both the Buyer and their child throughout the programme.
12. The fees for the Services are set out in the promotional material.
13. The Buyer must pay the full consideration for this product that the Seller requires as the total price of the Product or Service.
14. Buyer warrants that he or she is over 18 years of age, not subject to the Child Online Privacy Act, of legal age to enter into contractual agreements in the jurisdiction in which he or she is present when he or she makes this purchase, and is the true and authorised owner of the credit card used to make this purchase.
15. Buyers living in locations that require custom duties and/or VAT taxes to be collected understand that custom duties are collected at the point of sale by the Seller.
16. We reserve all copyright and any other intellectual property rights which may subsist in any goods supplied in connection with the provision of the Services. We reserve the right to take any appropriate action to restrain or prevent the infringement of such intellectual property rights.
17. Do not share passwords and user IDs outside your immediate family for whom the Services have been purchased.
18. Sharing such information with unauthorised people is cause for immediate termination of the Services.
Liability and Indemnity
19. Our liability under the Terms and Conditions, and in breach of statutory duty, and in tort or misrepresentation or otherwise, shall be limited as set out in this clause.
20. The Seller’s total liability, even from harm caused to the Buyer or to others from use of the Services, shall be limited to the purchase price paid for the Services.
21. Buyer agrees and understands that, Seller, speciﬁcally but not exclusively, disclaims liability for all damage to Buyer’s person by using the Services, including harm to Buyer’s computer hardware or software from worms, viruses, or other defects in the online programme or computer codes that cause harm.
22. Buyer warrants an understanding, as required consideration, that the Seller of the Services disclaims all liability for the Services, including damages resulting from use or reliance upon the Services for any reason.
23. Buyer understands that Seller disclaims liability for any information contained in sales or promotional materials or the Services itself that is unintentionally misleading or incorrect that might cause damage to Buyer.
24. Buyer understands that some jurisdictions do not allow limitation of liability.
25. We warrant that we will use reasonable care and skill in our performance of the Services which will comply with published promotional material, including any specification in all material aspects. We can make any changes to the Services which are necessary to comply with any applicable law or safety requirement, and we will notify you if this is necessary.
26. This product is sold ‘as is’ without warranty or guarantee of any kind, either expressed or implied, including no warranty as to merchantability or ﬁtness for a particular purpose. The Seller warrants and guarantees absolutely nothing. There is no ‘warranty period’.
Amendments and Right to Stop Selling or Servicing Product/Membership
27. Buyer agrees that Seller has the right to discontinue the Services or membership at any time, subject to the Seller providing a 60 days’ notice of this intent.
28. If, due to circumstances beyond our control, including those set out in the clause below (Circumstances Beyond a Party’s Control), we have to make any change in the Services or how they are provided, we will notify you immediately. We will use reasonable endeavours to keep any such changes to a minimum.
Circumstances Beyond a Party’s Control
29. Neither of us is liable for any failure or delay in performing our obligations where such failure or delay results from any cause that is beyond the reasonable control of that party. Such causes include, but are not limited to: power failure, Internet Service Provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the party in question. If the delay continues for a period of 90 days, either of us may terminate or cancel the Services to be carried out under these Terms and Conditions.
30. By accepting this Purchase Agreement, the Buyer agrees to receive continuing follow-up contact from the Seller including email, newsletters, Service updates, Service recall notices, Service cancellations, Service improvements, telephone calls from the Seller related to the instant Services or any other product or service provided by the Seller.
31. All notices under this Purchase Agreement must be addressed to the most recent email address notified to the other party.
32. If one or more of these Terms and Conditions is found to be unlawful, invalid or otherwise unenforceable, that/those provisions will be deemed severed from the remainder of these Terms and Conditions (which will remain valid and enforceable).
33. This Purchase Agreement cannot be modiﬁed in any manner between the Seller and this Buyer unless modiﬁcations are made in writing signed by both parties. However, the Seller may modify this Purchase Agreement at any time for other Buyers without notice to the instant Buyer.
Law and Jurisdiction
34. These Terms and Conditions are governed by and interpreted according to English law. All disputes arising under these Terms and Conditions are subject to the exclusive jurisdiction of the English courts.