Terms and Conditions

This document (published electronically at: [email protected], together with all other documents to which it refers, is what we will generically refer to as the "Terms and Conditions" or "Terms", i.e. the rules that will govern the situation between us, as the Provider, and you, as the customer who decides to purchase a good or service from our website, for yourself or your child.

In short, this document is a Contract between you and us.

1.1. Who are we?

You can also find our contact details below:

Name Speakquest SRL
Head office (Locality Victoria Str. Victoriei, nr. 22, jud Brasov
Trade register number: (J8/458/2020)
Unique identification code42327556
E-mail [email protected]

In addition to the official name above, you can also find us under the brand name "VoxiKids" or "VoxiClinic" or VOXi Platform. Throughout this document we will refer to us as "Organization", "Provider", "Company", or "VOXivers". 

We are a company that offers products and services through the website / and its subdomains or affiliated websites as well (hereinafter collectively referred to as the "Website") and/or other tools made available to the Provider for accessing the services, as well as all media profiles/ pages associated with this brand, including but not limited to the App in Google Play, App in ITunes/ App Store, Facebook, Instagram, Twitter, Youtube, LinkedIn, and we refer to all of them as the "Platform" and/or mobile app.

Accessing the Platform implies unconditional acceptance of the Terms and Conditions which we will detail below. If you do not accept these Terms, we will not be able to enter into a contract with you, i.e. we will not be able to deliver the products or provide the services you request, including responding to any requests you may have.

1.2. What does the VoxiKids mobile app do?

VoxiKids App is a mobile app - an interactive app, mainly designed for children between 2 and 8 years old, with speech therapy and educational exercises created by specialists in speech therapy and child psychology to help develop language, vocabulary, pronunciation and logic. 

VoxiKids App can be downloaded as an app from the Google Play Store/Apple Store and can be run on your phone and/or tablet.

The VOXi platform , also known as VoxiClinic, connects users with specialized speech therapists, with whom they can follow an online program tailored to each user's personal needs.

1.3. Who are you?

You are a person who comes to the Platform and/or mobile app looking for a Product that we could offer you. At this moment you are a User. The moment you place an order with us on the Website or mobile app, and we start the necessary steps to honor it, you become a Customer, because you enter into a contractual relationship with us. Your acceptance of these terms is deemed to be a distance contract concluded by electronic means.

You may purchase the VoxiKids App and/or VOXi Products and Services for yourself, your child or others, subject to these Terms.

1.4. Definitions. Purpose

As there is already a lot of detail and information to take into account, we have decided to define some of the terms that we will be using routinely, to make the document easier to read. You can find these terms below:

The following capitalized terms shall have the meanings given below, unless expressly provided otherwise:

"Provider"means (Speakquest SRL), a limited liability company, as we identified in section 1.1
"Products"means any goods (products) or services which are offered to the Client for purchase, against payment, through the Platform.
"Customer"means the natural person who accesses the Platform and places an Order to purchase Products offered for sale by the Seller. Customer shall also mean a legal entity that places an Order through a natural person on its behalf.
"Command"means an order placed by the Customer through the Platform by which the Customer undertakes to purchase one or more Products, under the conditions set out in this document and/or agreed with the Provider by means of remote communication.
"Cont"means the section of the Platform accessible to the Client through the use of an e-mail address and a password for identification purposes, which allows the Client to submit an Order and which contains information about the Client and the Client's history on the Platform(e.g., previous Orders, tax invoices, etc.).
"Contract"means the consensual remote agreement between the Provider and the Customer or between the Provider and the Professional, without their simultaneous physical presence, regarding the sale or purchase of one or more Products on the Platform, by the placing of an Order by the Customer or the Professional and its acceptance by the Provider, in compliance with the legal provisions and terms and conditions for the online provision of services by the Provider. As a rule, the Contract is concluded in Romanian.
"Professional"Means the person who has the professional skills necessary to deliver the Products according to the Provider's specifications and who wishes to register on the Platform.
"Platform"means the websites owned or used by the Seller, including social media pages and profiles, having the domain www.voxivers.com /voxiclinic.com and its sub-domains or affiliated websites and, where applicable, their sub-domains and using logos of the Provider, through which the Provider presents the Services that can be purchased and through which Customers and Professionals can choose the Products they wish to purchase and pay for them in one of the payment methods accepted by the Provider. The Platform is also used to process and administer Orders for the delivery of Products and to record payments related to their sale. Where there is also an Application, the Platform will, where applicable, include this component.
"Specifications"means any details of the characteristics of the Products as set out in the description available on their packaging and on the Platform.
"Transaction"

means the payment by the Customer or the receipt by the Seller of a sum of money as a result of the sale by the Seller or the purchase by the Customer of one or more Products.

  1. This document sets out the terms and conditions applicable to the relationship arising between the Provider and each Client using the Platform with a view to, on the occasion of or after placing an Order. This document also regulates the terms and conditions applicable to the relationship between the Provider and each Professional who wishes to register on the Platform to provide services according to the Platform specifications.
  2. The headings are included in this document for ease of browsing and structuring the document and will not affect its interpretation.
  3. For the avoidance of doubt, in accordance with the business policy independently and unilaterally established by the Provider, the online sale (i.e., via the Platform) of Products commonly marketed by the Provider is made to consumers who are individuals or legal entities. If certain Products are restricted to a certain category of Customers only, this shall be specified in the Specifications or in another conspicuous place next to the Product (such as, for example, certain Products intended only for legal entities or only for individuals).
  4. The privacy and personal data processing issues related to the use, in any form, of the Platform are governed by the privacy policy / notice ("Privacy Policy"), which supplements these Terms and Conditions. Please review the Privacy Policy in its entirety .
  5. Use of the Platform implies the express acceptance by any Client and Professional of these Terms and Conditions and the Privacy Policy, as well as other documents that have been indicated throughout these Terms.
  6. We reserve the right to change the Terms at any time, and the updated form of the Terms will be available to Customers on the Platform in the "Terms and Conditions" section. The relationship between the Provider, the User/Customer and the Provider will be governed by the form at the time of accessing the Platform or placing an Order.
  7. These terms and conditions applicable to online sales are available to the Client and the Professional for storage and reproduction.

MAIN FEATURES OF ONLINE SELLING BY VOXIKIDS

2.1. For users

In shortWe are all expected to be fair and not to use the Platform in ways that contravene the law or morality. If we suspect that your intention is not to seek information about the Products or to purchase them, we reserve the right not to allow you to place an Order or even to limit your access to the Platform. An Order that you place with us on the Platform will only be deemed to have been accepted by us once we have confirmed this to you.

  1. Access to the Platform in order to place an Order is permitted to any potential Customer who is acting with a legitimate purpose and who intends to purchase one or more Products from us, subject to these terms and conditions.
  2. Customer is a legal or natural person who has:

(a) not less than 18 years of age; or

(b) at least 14 years of age, who have been authorized by a parent/guardian/legal representative to access the Site. If you have authorized a minor to use the Site, you are responsible for all conduct of the minor on the Site, including any actions the minor may take.

  1. Misuse of the Platform is strictly prohibited. Misuse is any use of the Platform in a way that is contrary to fair commercial practices, contrary to applicable law or in any other way that would be likely to prejudice us or our Affiliates/Partners in any way (by "Affiliates" we mean persons from the same group to which we belong, and by "Partners" persons with whom we have a collaborative relationship).
  2. We reserve the right to deny you access to some or all of the functions of the Platform and to restrict the processing and/or delivery of an Order if, in our reasonable opinion, there is a suspicion of fraud on your part, if this is conduct that may harm our interests or those of our Affiliates/Partners or if you misuse the Platform.
  3. By using the Platform and, where applicable, registering an Order, you accept and agree to the form of remote communication(e.g., by telephone and/or e-mail) by which we conduct our operations.
  4. Any information used to describe the Products (including, but not limited to, static or dynamic images, descriptive text, graphical or video presentations) does not impose any obligation on our part, and is for presentation and information purposes only. We will use all reasonable endeavors to ensure the accuracy of the information on prices, Products and their Specifications presented on the Platform.
  5. If prices or any other details in relation to Product Specifications have been displayed erroneously on the Platform for any reason and you have placed an Order, we will notify you by e-mail or other agreed means of communication as soon as possible of such error.
  6. We may publish on the Platform information about Products and/or promotions we have, either our own or those of our Affiliates/Partners, during a certain period of time and subject to stock availability. Please be aware that there may be situations where we may not be able to display stock or update data in real time, but we will inform you before we confirm your Order and you will be able to decide whether or not to accept the new terms.
  7. Products sold as part of a promotion or campaign of any kind will also be subject to the terms and conditions applicable to that campaign or promotion, which we will bring to your attention.
  8. Any promotions featured on the Platform are valid for the duration stated. Where no duration is indicated for the running of promotions, they will be valid within the limits of available stock/location or for as long as we deem appropriate to achieve our objectives.
  9. The e-mail notification received by you after placing your Order that we have taken that Order is for informational purposes only and does not constitute our acceptance of your Order. Your Order shall be deemed accepted by us at the latest upon delivery, i.e. delivery in electronic format, of the Products ordered by you, including in the form of digital access. If you have already made the Payment for that Order and we do not accept it, we will return the amounts transferred to you.
  10. For justified reasons (including, but not limited to, the inability to supply the Products to you), we reserve the right to change the type or quantity of the Products in the Order. In such an event, we will notify you immediately of the change and you will have the right to accept or reject the change to the Order. If you refuse, the Order will be deemed canceled and the parties will be reinstated as before the Order was issued (including by us refunding any monies received, if any) and without any liability to you.
  11. The Order is accepted and the Contract is deemed to be concluded between us and you when you receive a dispatch notification (by phone call/SMS/email/push notification or otherwise) of the Goods in the Order (when we are talking about physical, tangible goods), when we start providing the Services through the Platform, when we provide you with a download link or email to access the Goods or as otherwise indicated in the Specifications.
  12. Please note that the Contract forms part of this document (together with all other documents to which we refer,) as well as any subsequent agreements between you and us in relation to the Order, whether made in writing, electronically or in physical form.
  13. You can generally contact us at the e-mail address in the "Contact" section of the Platform for any questions or problems you may have in connection with your Order, including to identify and correct any errors that may occur during data entry. Depending on the technical developments of the Website or Application, you may also have other methods of communication with us (such as online chat, communication from your Customer account, social networks, etc.), which we will bring to your attention. However, in the event that you do not tell us about these matters prior to the issuance of the notice or the commencement of the Services, such changes may only be made in exceptional cases that do not involve disproportionate effort on our part and are legally valid.
  14. Please note that only the official communication channels we indicate will be considered when dealing with your request. Therefore, if you have decided to contact us in another way, this will not be formally taken into account, but we will make every effort to respond to you in a timely manner, according to our capacity.

2.2. For professionals

Through the Platform, you will be able to connect with Platform Users and Clients to offer your Services.

In order to register in our database, we will need to verify your skills and qualifications through supporting documents such as:

a) Newsletter

b) Bachelor's degree, Master's degree, postgraduate courses, doctoral studies, etc.

c) Attestations issued by the competent certificates

d) any other information we consider necessary to verify your identity and qualifications

  1. Please note that we may make references to you, both through information we find publicly, but also by requesting references from former or current employers.
  2. We reserve the right to periodically evaluate the work of the Professionals on the Platform, in particular on the basis of reviews and feedback received from Users and Clients. To the extent that we consider that your approach is unsatisfactory, we may decide to terminate the collaboration, without you having to claim any damages or compensation for any harm or damage.
  3. You will use the VOXi Platform to interact with Customers and provide the Services. Any other interaction outside the Platform with Customers is strictly prohibited.
  4. You will not video or audio record sessions with Clients, you may not disclose data about Clients to any third parties, and all materials you make based on Clients (anamnesis, annotations, evolution, etc.) must be transmitted to the Client via the Platform.
  5. Unless otherwise provided, all other provisions of these Terms apply to you. To the extent that you breach any provision of these Terms, we reserve the right to seek damages against you for any and all losses and damages, including damages of publicity, pecuniary and non-pecuniary damages.

In brief: We explain how you can place an order for a Product, how we process orders, what our and your rights and obligations are, when we consider an order to be completed and how to proceed to make Payment.

  1. You will be able to place an Order in one of the ways indicated on the Platform, namely by adding a product to the cart and following the steps to finalize the payment. If we are talking about the VoxiKids App from the PlayStore or AppStore, you will need to follow the steps indicated by these aggregators to download and access the App. If you contact us to place an order, we will direct you to place an order on the Site and help you complete it, but we will not be able to place the order for you.
  2. You will be able to place an Order, through the Platform, by registering an account in advance, by adding the desired Products to the shopping cart or through specific procedures on the Google Play Store or AppStore.
  3. You will be able to set up an Account in the dedicated section of the Platform, according to the instructions available on the Platform at the time (such as with an email address and password, identification with a social network account such as Facebook/Google or other available method). You have the ability to view in your AppStore or Google Play Account information about previous Orders, tax invoices, etc. For the VOXi Platform you will find these details in your Account within the Platform.
  4. Orders can be placed at any time, but as a rule will only be processed on working days, between 8am-5pm, where manual intervention is required. Any Order placed on a Saturday, Sunday or any day declared by law to be a public holiday will be processed on the next following working day. In the case of Products delivered electronically, it is possible that processing may occur automatically and the Product will be delivered immediately after the Transaction is placed.
  5. We reserve the right to validate Orders prior to their fulfillment and will contact you by telephone, e-mail or other available method, and you expressly declare that you accept this right of ours.
  6. Adding a Product to the shopping cart, in the absence of finalization of the Order, does not lead to the registration of an Order and implicitly neither to the automatic reservation of the Product added to the shopping cart, but not paid.
  7. The Order will be considered finalized upon full payment by you of the price of the Products in the Order, by one of the payment methods accepted by us as expressly indicated on the Platform and which you can consult at the latest at the beginning of the Order form process.
  8. By completing your Order, you confirm to us that all the details you have provided are correct, complete and true at the time of placing the Order. By placing an Order, you explicitly acknowledge that such Order implies your firm obligation to pay the "total payment amount" indicated. Other changes to Orders (such as identification data, e-mail addresses or billing addresses may only be made where technically possible at no additional cost to us).
  9. By creating an Account or, where applicable, completing your Order, you agree that we may contact you, by any available means, i.e. automated calling system without human intervention, fax, e-mail, in any situation where it is necessary to contact you in order to finalize and process your Order. The lack of a response from you, through one of the means of communication made available through the Platform to our requests may result in the invalidation of your Order.
  10. Products purchased through the Platform may not be resold or distributed for commercial purposes and are intended for personal use only, unless otherwise stated in the Specifications. Also, please note that in the case of Products with online access, the Sale is nominal, so access credentials(such as username and password) may not be passed on to another person. The VoxiKids App relies heavily on personalized interaction with the Customer, so credentials will not be able to be given to other people.
  11. If you fail to comply with the above provisions, we reserve the right to recover the full amount of any damages suffered by us, by any method recognized by law.
  12. We may cancel an Order placed by you, with concurrent or subsequent notice to you, and without such cancellation giving rise to any liability on our part to you, in the following cases:

a) the bank that issued your card does not accept the Transaction, in case of online payment;

b) our card processor with whom we work with does not validate or invalidates the Transaction(for example, either because there are insufficient funds or for other reasons according to the processor's policy), in the case of online payment;

c) the data you provide to us when accessing the Platform is incomplete or incorrect;

d) you do not confirm our Order when we contact you for this purpose;

e) we reasonably believe that by accessing the Platform and placing Orders you are pursuing a purpose that is unlawful or likely to cause any kind of harm to us, our Affiliates or Partners;

f) any of the terms and conditions of this document have not been strictly observed.

In short: in order to benefit from our Products, you must pay the amount indicated for them, as displayed at the time of checkout, by one of the available methods (payment by card).

  1. The prices of the Products displayed on the Platform or communicated to you are expressed in the national currency of the country you belong to (RON for Romania, EURO for EU countries, etc.) and may or may not include VAT according to the legislation in force, as they will be displayed on the website. Any transportation or delivery charges are not included, unless expressly so displayed at the time of checkout. The valid prices for the Products are those displayed on the Platform or communicated to the Customer at the time an Order is finalized.
  2. We may update the prices of the Products at any time, and such update shall supersede any previously displayed prices for such Products.
  3. We will issue you an invoice for the Products purchased/delivered, your obligation is to provide us with all the information required by law for us to issue the invoice - please take extra care when entering the data, as we will not be able to change the data in the pro forma/tax invoices issued.
  4. As a general rule, we will send you (us or the Google Play/App Store platforms) the invoice for the Order for the Products sold/delivered either in physical (paper) format upon delivery of the Products or in electronic format, by e-mail and/or in your Customer account, which we encourage you to check constantly (it is also possible that our messages may end up in your SPAM folder, so please check there as well).
  5. According to Romanian law, when we accept payment by credit card, we will not request additional payments.
  6. In the case of online payments, we are not and cannot be held responsible for any other costs incurred by you in addition to the price of the Product purchased including, but not limited to, bank transfer or currency conversion fees applied by the Customer's card issuing bank, where the currency of the card issue differs from the currency in which the sale is made.
  7. VOXivers is not responsible for any additional costs you have to incur in order for the app to work, such as internet costs, electronic device charging costs, etc.
  8. In the case of recurring monthly payment products, you give us your consent from the outset to withdraw a monthly amount indicated at the time of placing the Order. If you no longer wish to take advantage of these options, you may at any time withdraw the Product from your Account. Please note that any amounts already previously paid will not be refunded.
  9. You are fully liable for any payments made in error, mistake or made without opting out of our Products(such as in the case of recurring monthly payments). In these situations we will not refund monies already paid, and you are solely liable for such payments.

Professional Services

  1. For Speech Therapy Services provided by professionals, payment will currently be made directly to the professionals, by means of a proforma invoice issued by each individual professional.
  2. As the VoxiKids Platform develops, payment to the Professionals will also be made through the Platform in accordance with these Terms.

In short: we will deliver the Products only after you pay in full by one of the methods shown on the website.

  1. The delivery of the Products will be done electronically, through the VoxiKids application or through a customer account in the VOXi Platform, based on username and password.
  2. Delivery of the Products will be for a fee or free of charge, depending on the terms and conditions applicable to the Order, which will be communicated to you prior to checkout. For example, part of the Mobile App may be available as a freemium product (i.e. some content is free to access and some content is locked as paid content) or trial ] on the VOXi Platform (where you have a trial period where you can try/test the Platform).
  3. In the case of digital and electronic products, Delivery of the Products will be made in electronic format, by providing a code, download link or other method that we make available and which we will communicate to you by e-mail/ in your Customer Account. Delivery will be made upon payment in full for the Products. Please constantly check both your inbox and SPAM / other / promotions / updates folders, depending on the email client you have.
  4. It is very important that you enter a valid e-mail address that you use regularly when placing your Order, as that is where you will receive all the details.
  5. We reserve the right to delay or cancel any delivery of ordered Products if it cannot be honored for reasons beyond our control, including but not limited to: force majeure events, wars, acts of terrorism, protests, riots, civil disturbances, fires, explosions, floods, epidemics, pandemics, strikes, etc.

Transfer of risk and ownership of Products

In shortOnce you buy a Product from us, all risks are transferred to you.

  1. For Digital Products, you will receive a non-exclusive license, limited to the period of time for which you have chosen the Products, with ownership remaining with us or the person expressly indicated in the Specifications/other identification. You are reminded that our Products are intended for the Customer's personal use only, not for anyone other than those indicated in the order, and the license is limited to the Customer's use only.
  2. Subsequent to payment of the Order, all risk passes to you, except for (1) above, and VoXivers shall not be liable for any damages whatsoever.
  3. Please check in advance if the device you want to access VoxiKids/VOxi from (phone, tablet, laptop, desktop, etc.) is compatible with our operating requirements. VOXivers is not liable for any kind of damage that may be caused to you because the requirements are not met. We are constantly striving to improve our Products, but we cannot guarantee, even with recommended specifications, that VOXivers products will work on your devices.

In short: Our products are exempt from the right of withdrawal in accordance with applicable law.

  1. Please note that most of the Products on the Platform are Products for which we are not obliged by law to offer a right of withdrawal and, therefore, a refund of the money already paid as a result of the Transaction.
  2. Our Products are: (a) digital licenses (access based on username and password), (b) services, for which you expressly agree that you agree that no refund of amounts paid will be made, the delivery of the Product being deemed to be made with full performance at the time of making the Payment in exchange for access for points (a) and (b) and at the time of performance of services in case of (c).
  3. In exceptional cases, we may decide, at our sole discretion and discretion, to refund certain amounts (in whole or in part) on a case-by-case basis in accordance with our commercial policy, but this does not entail any liability or obligation to do so on a consistent basis.

In short: Our products benefit from the guarantees offered by the legislation in force and applicable to us. If the warranty is not applicable (i.e. in the case of services or specific Products), we will indicate on the Products the existing warranties or in our general order handling policy.

8.1 Digital Product Warrantyî

  1. In the case of electronic/digital products that require immediate access, you agree that you will not benefit from the legal warranty in accordance with the provisions in force.
  2. However, as our desire is to have satisfied customers at all times, we may implement a commercial guarantee policy for certain types of Digital Products offered whereby we may be able to refund amounts paid (in full or in part) within a certain timeframe.
  3. The exact conditions of the reimbursement of the amounts mentioned above in point 8.1(3) will be indicated opposite each Product.

In short: everything you see on the Platform belongs to us in terms of intellectual property or we have the right to use them, and you agree not to infringe these rights and not to use anything on the Site without our consent.

  1. The trade names, trademarks, copyrights and any other intellectual property rights registered or pending registration relating to the Products owned or used by Seller are and shall remain the exclusive property of Seller or as applicable, Seller's licensors. Customer shall have no right or claim with respect thereto.
  2. You will not act in any way that may infringe the rights set out in Art. 9 above. You undertake not to use in your business any sign or name similar or identical to the Trademarks, trade names of Products or Services, etc., either as part of a name or in any other way.
  3. All information available on the Platform (including, but not limited to, static or dynamic images, text, logos, symbols, commercial representations, videos, etc.) that can be viewed or accessed in any way through the use of electronic equipment, the content of e-mails sent to you by us, any information communicated to you (including, but not limited to, data relating to the Provider, its business, etc.You may copy, transfer and/or use such data only for personal or non-business purposes and only if it does not conflict with these terms and conditions.
  4. Any other use of the content available on the Site/Platform for purposes other than those permitted by this Agreement or the accompanying terms of use, if any, is expressly prohibited.

Audio & video recording and screenshots

  1. It is prohibited to record (including in the form of screen recording) any piece of VOXivers products, whether it is on the App from the Appstore / Google Play Store or online.
  2. When you have sessions with speech therapists, it is forbidden to video or audio record the session.

Advertising & commercial communications

In short: When we do direct marketing, we ask for your consent in advance. However, there will be times when we will send you marketing communications based on our legitimate interest, as explained in the Information Notice.

  1. We also use affiliate marketing tools. This means that if you click on the links in the articles that lead to external sites and place an order there, we will get a commission as a result of that transaction. It doesn't cost you anything, and you help us to further our education and information projects.
  2. When we will have advertorials on our pages, we will expressly state them and make full disclosure. We don't want to mislead you, nor do we want you to purchase a product or service that you are not comfortable about.
  3. You can express your consent to receive commercial communications by email or social networks, by allowing us and our collaborators to carry out such communications, by ticking the specific option at the end of these terms and conditions or in the dedicated area of the Platform.
  4. You can withdraw your consent to such commercial communications at any time by:

a) to unsubscribe from receiving Newsletters or commercial communications, at any time, by accessing the dedicated link in any Newsletter;

b) checking the option to withdraw consent in the dedicated section of the Platform, where available.

  1. This procedure will be mentioned in all commercial communications we send to you.
  2. Our newsletters and marketing communications are delivered via specialized partners approved by us, with which you agree.
  3. Opting out of receiving Newsletters or other commercial communications does not imply that you have waived your consent to the rest of the terms and conditions of online sales by the Seller and will only take effect for the future, with previous processing deemed to be lawful. Please note that you may still receive commercial communications from us for a short period of time after sending the revocation of consent, until the database is fully updated or in case of a back-up.
  4. We reserve the right to select the persons to whom we will send Newsletters and other commercial communications and to remove from our database any User or Customer who has previously consented to receive Newsletters and other commercial communications without any further commitment or notification from us and we cannot be held liable for such actions.

In short: we are not liable for any damages of any kind resulting from the purchase of Products on the Platform.

  1. The content of our Products and Services is not a specialized medical consultation and is not a substitute for specialized diagnosis or treatment. The VOXi platform and VoxiKids mobile app have been created as useful tools with the aim to aid in the recovery of speech/pronunciation delays and the development of children's vocabulary and logic.
  2. VOXivers assumes no liability whatsoever for any direct or indirect damage caused to you and does not undertake any obligation of result. Insofar as you have been diagnosed with medical problems, which require specialized treatment, our recommendation is that you contact the competent specialized persons in accordance with the regulations in force.
  3. The VoxiKids App is not a personalized speech therapist, does not provide medical or therapeutic consultation, and is not a substitute for specialized medical or therapeutic care.

Links from third parties

  1. The Platform may contain links to other sites on the Internet that are owned and operated by third party providers and other third parties ("ThirdPartySites"). VOXivers is not responsible for the content of any Third Party Site. When you click on such a link, we encourage you to contact the administrator of that Third-Party Site if you have any concerns about such links or the content found on such Third-Party Sites.
  2. When you leave the VOXi Platform, we encourage you to read the terms & conditions and privacy policy of each Third Party Site you visit or use and not to provide your data without knowingly.
  3. VOxivers has no control over any such links and assumes no responsibility or liability for the content, accuracy, privacy policies, services, practices or opinions expressed on such Third Party Sites, whether originating from the Third Party Sites in question or from users.

Interaction with third parties

  1. VOxivers assumes no responsibility or liability for your interactions with organizations, businesses, professionals and/or individuals with whom you come into contact through the Platform, directly or directly. Here we include, for example, payment, delivery of goods or services, and any other terms, conditions, warranties or other representations associated with such interactions. The connections that are established are solely between you and these persons.
  2. Prior to establishing any form of collaboration, you should exercise due diligence and conduct whatever investigation you deem necessary to proceed with an online or offline transaction with any such third party, etc. VOXivers will not be liable for any direct or indirect harm, loss or damage of any kind incurred as a result of any such interactions.
  3. You are solely responsible for the actions, content, information or data of other third parties, including other users. You are solely responsible for your interactions with other users of the Services and any other parties you interact with through the Platform. We may intervene in these disputes to try to resolve them in order to improve our Services and maintain the quality of the Platform, but we are not obligated to do so in any way.
  4. We are not responsible for the accuracy of the information you transmit through the Platform, and you are solely responsible for any data you provide to us or other Users and/or Professionals.
  5. If You have a dispute with other persons, Users or Professionals, You release Us (and Our Affiliates, agents, officers, employees, collaborators, affiliates, subsidiaries, branches, trustees, etc.) from any and all claims, demands and damages of any kind whatsoever, direct or indirect, suspected or potential, disclosed or undisclosed, arising out of or in any way connected in any way with such disputes and/or the Services and Products offered.
  6. Our obligation is not an obligation of result, but an obligation of diligence, which means that we will do our best to deliver the Products or Services, but we cannot guarantee their performance, and you expressly agree to this.

Implementing social networking functionalities

  1. It is possible that at some point in the future, depending on the development of the Platform, we may implement certain functionalities that will allow you to share your progress on the Platform or the Mobile App via social networks such as Facebook, Instagram, etc.
  2. You should keep in mind that your interaction at the moment is with these social platforms and we encourage you to carefully read their terms & conditions, privacy policy, and the settings you have in place.
  3. VOxivers will not share information about you or your child on Facebook or other social networks without your written consent.

 

Case studies

  1. Under certain conditions, we reserve the right to use certain information from our interaction with you, in an anonymized form, to present case studies to our readers or to the customers we target(for example, when we want to show how VoxiKids has helped improve speech/ pronunciation/ language impairments).
  2. 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. We may, however, contact you directly to ask if you would allow us to use certain personal data about you or your child in our case studies. We use this data to present the situation as accurately as possible and will not use it for any other purpose. Your refusal to do so will not amount to a prohibition to use the Platform.

In short: you are responsible for the Orders placed, the data provided and the way you use the VoxiKids Platform, including social networks.

12.1. Content generated by you as a User or Customer

  1. All content (text, photo, video, etc.) that you post through the Platform (such as product reviews, forwarded messages, social media posts in which you tag us, social media shares or comments left on social media), hereinafter referred to as "Content" is the sole responsibility of the person who created such content.
  2. Although we do not routinely monitor content posted by Users/Customers, we reserve the right to do so and to remove content that violates these Terms (or applicable law) that we are aware of, but we are under no obligation to do so.
  3. In the event that we are held liable for content posted by Users/Customers on the Platform, we reserve the right to pursue against the User/Customer in question for full compensation for the damage suffered.
  4. Any use or reliance on any content or materials posted through the Platform or obtained by you through the Platform is at your own risk. If we are notified by a third party that content you submit or post violates these Terms or any applicable law, either in a letter or in the spirit of these Terms, we reserve the right to remove such content from the Platform without prior notice to you.
  5. We do not encourage, endorse, represent or guarantee in any way the accuracy of the content or communications posted through the Platform, nor do we support and/or endorse the opinions expressed by Users/Customers on the Products available through the Platform, and they are solely responsible for such content.
  6. By using the Platform, you agree and accept that you may be exposed to content that may be defamatory, disparaging, inaccurate or inappropriate or, in some cases, that there may be misleading postings. We will not be liable in any way for any such content, including but not limited to errors or omissions or for any harm, material or non-material, direct or indirect, material or moral, that is posted, emailed, emailed, transmitted on email or social media or otherwise made public through the Products, the Platform or otherwise.

12.2. Using the Platform

You will not use the Platform:

a) if you are under 14, without the consent of a parent or guardian;

b) in any way that contravenes any local, national or other law or regulation or any order of a court of any relevant jurisdiction;

c) for any purpose not permitted by these Terms;

d) in any way that infringes the rights of any person or entity, including their copyright, trademark or other intellectual property rights or other private or contractual rights;

e) to distribute advertisements of any kind or post or otherwise communicate any false or misleading material or message of any kind, including about competitors, potential competitors, etc.;

f) in any way that, intentionally or unintentionally, harasses, threatens or intimidates any other User or visitor;

g) in any manner which, whether intentionally or unintentionally, promotes or incites racism, violence, hatred or physical or moral injury of any kind;

h) in any way that is abusive, defamatory, inaccurate, obscene, offensive or sexually explicit;

i) post photos or images of another person without their permission (and if they are a minor, the permission of the minor's legal guardian);

(j) promote any unlawful activity or in any way conducive to the encouragement, procurement or carrying on of any unlawful or criminal activity or which is likely to cause injury, distress or inconvenience to any person;

k) access, tamper with, cause damage to, or use non-public areas of the Services, computer systems, servers or equipment of the Company or our suppliers' technical delivery systems;

l) access or attempt to access data of other Users of the Products/Platform or penetrate, access, penetrate any of the security measures relating to the Products or probe, scan or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;

m) in any way that, intentionally or unintentionally, misleads or is intended to mislead another User or visitor to the Platform;

n) introduce any malware, virus, or other harmful software program (worm) that harms or interferes with the operation of the Offered 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) interfere with or disrupt (or attempt to do so) the access of any User, host or network, including, without limitation, by sending a virus, overloading, flooding, spamming, spamming, mail-bombing the Services or by writing content-creating scripts in such a way as to interfere with or create an undue burden on the Services;

p) copy, modify or distribute content to other Users without their consent;

q) for commercial purposes other than those expressly permitted in these Terms;

r) circumvent measures used to prevent or restrict access to the Products;

s) solicit or provide illegal services;

t) harvest or collect information about other Users or visitors without their consent;

u) gain unauthorized access to the Products, the server on which the Products are stored or any server, computer or database connected to the Products;

v) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Products to send altered, misleading or false source information;

w) scrape, crawl or otherwise retain or use the Products or any content for phishing, spamming, trolling or any unauthorized (commercial) purpose; or

x) promote or support or solicit involvement in any other political, religious (recognized as organized or unorganized), cult or sect platform or cause of any kind.

  1. We shall not be liable for any damages whatsoever caused to you as User or Customer or any third party as a result of our performance of any of our obligations under the Order, nor for damages resulting from the improper use of the delivered Products. To the extent that the limitation of liability as above is not possible under applicable law, we will be liable to the extent of the value of the Products that were the subject of the Order.
  2. You agree to keep your Account username and password safe and are solely responsible in case of fraudulent use of your Account username and password by a third party.
  3. We are not liable for any damages caused by any technical malfunction of the Platform(e.g., inability to access any link on the Platform).
  1. You can contact us in general at the e-mail address in the "Support" section of the "Contact" area of the Platform for any questions or problems you may have in connection with the Products, including to identify and correct any errors that may occur during data entry. Depending on the technical developments of the Platform, you may also have other methods of communication with us (such as online chat, communication from your User account, social networks, etc.), which we will bring to your attention. However, in the event that you do not tell us about these matters prior to the issuance of the notice or the commencement of the provision of the Products, such changes may only be made in exceptional cases that do not involve disproportionate effort on our part and are legally valid.
  2. For complaints or claims related to the Products, you have at your disposal the complaint form available on the Platform or any other contact method available, depending on the technical developments of the Platform. If there is no dedicated complaints section, you may follow the procedure described above.
  3. Complaints received will be dealt with by us within 30 (thirty) calendar days of receipt.
  4. Please note that we are under no obligation to respond to requests for information and advice through the Platform without payment of the relevant services.
  1. Use and processing of individuals' personal data

    By using the Platform, you understand and agree to submit personal data to us, which will be processed in accordance with and for the purposes set out in the Information Notice/Privacy Policy, which supplements these Terms and Conditions.

    1. Neither the Provider nor the Client shall be liable for the non-performance of its contractual obligations, if such non-performance on time and/or properly, in whole or in part, is due to an event of force majeure as defined by the Romanian Civil Code.
    2. If, within 15( fifteen ) days from the date of the occurrence of the force majeure event, the said event does not cease, either the Seller or the Customer shall be entitled to notify the other party of the termination of the Contract without either of them being entitled to claim damages from the other party.
  1. Applicable law & dispute resolution

    1. This document is a legal contract concluded at a distance, accepted by simply ticking it and is subject to Romanian law.
    2. We will all try to resolve any disputes or disagreements that may arise amicably. To the extent that amicable settlement is not possible, disputes will be settled by the competent Romanian courts of law.
    3. Details on alternative dispute resolution methods are available here.
  1. Changes to this document

    We may change this document from time to time and will decide on the optimal way to notify Users (pop-up, push notification, e-mail, etc.), so we recommend that you visit this page to always read the latest version.

    This document was last updated on September 20, 2024.