Terms and Conditions

This document (published in electronic format at: wp.voxikids.com, together with all other documents to which it refers represents what we will generically call "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 site, for yourself or for your child.

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

1.1. Who are we?

Below you can also find our identification details:

Name  Speakquest SRL
Registered office  (Location: Victoria, Victoriei Street, no. 14, block 22, apartment 16, Brasov county)
Trade Registry number:  (J8/458/2020)
Unique identification code 42327556
E-mail  [email protected]

 

In addition to the official name above, you can also find us under the brand names "VoxiKids" or "Voxi Clinic." Throughout this document, we will refer to ourselves as "the Organization," "the Provider," "the Company," or "VoxiKids." We are a company that offers products and services through the website / and its subdomains or affiliated sites (hereinafter collectively referred to as "Site") and/or other tools made available to the Provider for accessing the services, as well as all profiles/media pages associated with this brand, including, but not limited to, the Application from Google Play, the Application from ITunes, Facebook, Instagram, Twitter, Youtube, LinkedIn, and we will refer to all of them as "Platform").

Accessing the Platform implies unconditional acceptance of the Terms and Conditions that we will detail below. If you do not accept these Terms, we will not be able to conclude a contract with you, meaning 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 VoxiKids do?

VoxiKids App is a mobile application – an interactive Application, mainly intended for children, with speech therapy exercises created by speech therapy specialists to reduce the recovery period in language and speech problems.

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

Voxi Clinic also known as VoxiKids Clinic connects users with specialized speech therapists, with whom they can follow an online program adapted to the personal needs of each user.

1.3. Who are you?

You are a person who comes to the Platform in search of a Product that we could offer you. At this moment you are a User. The moment you place an order with us on the Site or in the mobile application, and we begin the necessary steps to honor it, you will become a Customer, because you will enter into a contractual relationship with us (through a contract that is concluded remotely, that is, by electronic means).

You can buy VoxiKids and/or VoxiClinic Products and Services for yourself, for your child, or for other people, as long as these Terms are respected.

1.4. Definitions. Scope

Because there are already many details and information to keep in mind, we have decided to define certain terms that we will use frequently to make the document easier to read. You can find these terms below:

The following terms used in capital letters will have the meanings below, unless expressly stated otherwise:

”Provider” means (Speakquest SRL), a limited liability company, as we identified ourselves in section 1.1
“Products” means any goods (products) or services that are offered to the Client for purchase, for a fee, through the Platform.
“Client” means the individual who accesses the Platform and places an Order to purchase the Products offered for sale by the Seller. Client also refers to a legal entity that places an Order through an individual on its behalf.
“Order” means an order placed by the Client through the Platform by which the Client expresses their commitment to purchase one or more Products, under the conditions provided in this document and/or agreed with the Provider through a means of distance communication.
“Account” means the section of the Platform accessible to the Client through the use of an email address and a password for identification, 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, invoices, etc.).
“Contract” means the consensual agreement at a distance between the Provider and the Client or between the Provider and the Professional, without their simultaneous physical presence, regarding the sale or purchase of one or more Products from the Platform, by placing an Order by the Client or Professional and its acceptance by the Provider, in compliance with the legal provisions and the 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 obtains 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 pages and profiles on social networks, having the domain wp.voxikids.com and its subdomains or affiliated sites and, if applicable, their subdomains and using the Provider's logos, through which the Provider presents the Services that can be purchased, and Clients and Professionals can choose the Products they want to purchase and pay for them in one of the payment methods accepted by the Provider. The Platform is also used for processing and managing Orders for the delivery of Products and registering payments for their sale. If there is also an Application, the Platform will include, where applicable, this component as well.
“Specifications” means any details regarding the characteristics of the Products as specified in the description available on their packaging and on the Platform.
“Transaction”

means the payment operation performed by the Client, respectively the collection by the Seller, of a sum of money as a result of the sale by the Seller, respectively the purchase by the Client, of one or more Products.
  1. This document establishes the terms and conditions applicable to the relationships between the Provider and each Client who uses the Platform for, during, or after placing an Order. At the same time, the document regulates the terms and conditions applicable to the relationships between the Provider and each Professional who wishes to register on the Platform to provide services according to the Platform's specifications.
  2. The headings are included in this document for ease of reading and structuring the document and will not affect its interpretation.
  3. To avoid any doubt, in accordance with the business policy established independently and unilaterally by the Provider, the online sale (e.g., through the Platform) of the Products usually marketed by the Provider is made to consumers who are individuals or to legal entities. If certain Products are limited only to a certain category of Clients, this will be specified in the Specifications or in another visible place near the Product (such as, for example, certain Products intended only for legal entities or only for individuals).
  4. The aspects regarding the confidentiality and processing of personal data related to the use, in any form, of the Platform are governed by the privacy policy/information notice (the “Privacy Policy”), which supplements these Terms and Conditions. Please read the entire Privacy Policy.
  5. The 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 modify the Terms at any time, and the updated form thereof will be accessible to Clients on the Platform in the “Terms and conditions” section. The relationship between the Provider, User/Client and Provider will be governed by the form at the time of accessing the Platform, respectively placing the Order.
  7. These terms and conditions applicable to online sales are available to the Client and Professional for storage and reproduction.

MAIN FEATURES OF ONLINE SALES BY VOXIKIDS

2.1. For users

In short: we must all have a correct attitude and not use the Platform in ways that contravene the law or good morals. If we suspect that your intention is not to seek information about 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. The order you place with us on the Platform will be considered accepted only when we confirm this to you.

  1. Access to the Platform for placing an Order is permitted to any potential Client who acts with a legitimate purpose and who intends to purchase one or more Products from us, in compliance with these terms and conditions.
  2. By Client we mean a legal entity or individual who has:

(a) at least 18 years old or

(b) at least 14 years old, who have received authorization from a parent/guardian/legal representative to access the Site. If you have authorized a minor to use the Site, you are responsible for their entire behavior on the Site, including any action the minor may take.

  1. The abusive use of the Platform is strictly prohibited. Abusive use means any kind of use of the Platform in a way that contravenes fair commercial practices, the legislation in force or in any other way that could prejudice us or our Affiliates/Partners in any way (by “Affiliates” we mean persons from the same group to which we also belong, and by “Partners” we mean persons with whom we have a collaboration relationship).
  2. We reserve the right to refuse you access to some or all of the Platform's functions and to restrict the processing and/or delivery of an Order if, in our reasonable opinion, there are suspicions of fraud on your part, if this is a behavior that may prejudice our interests or those of our Affiliates/Partners, or if you use the Platform abusively.
  3. By using the Platform and, where applicable, registering an Order, you accept and agree to the remote communication method (e.g., phone or email) through which we conduct our operations.
  4. All information used to describe the Products (including, but not limited to, static or dynamic images, descriptive text, graphic or video presentations) does not impose any obligation on our part, these having exclusively a presentation and information role. We will make all reasonable efforts to ensure the correctness of the information regarding prices, Products and their Specifications presented on the Platform.
  5. If the prices or any other details regarding the Specifications of the Products have been displayed incorrectly on the Platform, for any reason, and you have placed an Order, we will inform you by e-mail or by another agreed method of communication, as soon as possible regarding such an error.
  6. We may publish on the Platform information about Products and/or promotions that we have, either our own or those of our Affiliates/Partners, for a certain period of time and within the limit of available stock. Please keep in mind that there may be situations in which we will not be able to display the stock or update the data in real time, but we will inform you before we confirm the Order, and you will be able to decide whether or not to accept the new conditions.
  7. The Products that are the object of the sale within a promotion or campaign of any type 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 presented on the Platform are valid for the duration mentioned. If a duration for the promotions is not indicated, they will be valid within the limits of available stocks/places or for the duration that we consider appropriate to achieve our objectives.
  9. The notification you receive by e-mail after placing the Order regarding the taking over of that Order is for information purposes and does not represent the acceptance of the Order by us. The order is considered accepted by us at the latest upon delivery, respectively the provision 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 will not accept it, we will return the transferred amounts to you.
  10. For justified reasons (including, but not limited to, the impossibility of providing the Products to you), we reserve the right to modify the type or quantity of the Products in the Order. In such a situation, we will immediately inform you of the change, and you will be able to accept or refuse the modification of the Order. If you refuse, the Order is considered canceled, and the parties will be restored to the situation prior to the issuance of the Order (including by our reimbursement of any amounts collected, if applicable) and without us having any liability to you.
  11. The order is accepted, and the Contract is considered concluded between us and you when you receive a shipping notification (by phone call/SMS/e-mail/push notification or other means) of the Products in the Order (when we are talking about physical goods), when we start providing the Services through the Platform, when we provide you with a link to download or an e-mail to access the Product or according to the indications in the Specifications.
  12. Please note that this document (together with all other documents we refer to) is part of the Contract, as well as any subsequent agreements between us and you regarding the Order, whether they are made in writing, electronically, or physically.
  13. You can generally contact us at the e-mail address in the "Contact" section of the Platform for any clarifications or problems you have regarding the Order, including to identify and correct any errors that occur when entering data. Depending on the technical developments of the Site or the Application, you may also have other methods of communication with us (such as online chat, communication from your Client account, social networks, etc.), which we will inform you about. However, if you do not tell us about these aspects before issuing the notification or starting the provision of the Services, these changes can only be made in exceptional cases, which do not involve a disproportionate effort on our part and which are legally valid.
  14. Please note that only the official communication channels that we indicate will be taken into account when we handle your request. Therefore, if you decide to contact us in another way, this will not be officially considered, but we will make every effort to respond to you in a timely manner, depending on our capacity.

2.2. For professionals

Through the Platform, you will be able to connect with the Platform's 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) Identity card

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

c) Certificates issued by the competent authorities

d) any other information we deem necessary to verify your identity and qualification

  1. Please note that we may refer to you both through information that we find publicly available and by requesting references from former or current employers.
  2. We reserve the right to periodically evaluate the activity of Professionals on the Platform, especially based on reviews and feedback received from Users and Clients. If we consider that your approach is not satisfactory, we may decide to terminate the collaboration, without you being able to claim damages or compensation for any prejudice or damage.
  3. You will use the VoxiKids Platform to interact with Clients and provide the Services. Any other interaction outside the Platform with Clients is strictly prohibited.
  4. You will not record video or audio sessions with Clients, you will not be able to disclose data about Clients to any other third parties, and all materials you make based on Clients (anamnesis, annotations, evolution, etc.) must be transmitted to the Client through the Platform.
  5. Unless there are contrary provisions, all other provisions of these Terms apply to you. To the extent that you violate any provision of these Terms, we reserve the right to take action against you to repair any prejudices and damages, including image, patrimonial and non-patrimonial damages.

In short: 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 finalized, and how you should proceed to make the Payment.

  1. You will be able to place an Order through one of the methods indicated on the Platform, respectively by adding a product to the cart and going through the steps to complete the payment. If we are talking about the VoxiKids App from PlayStore or AppStore, you will need to follow the steps indicated by these aggregators to download and access the application. If you contact us to place an order, we will guide you to placing 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 the specific procedures on the Google Play Store or AppStore.
  3. You will be able to create an Account in the dedicated section of the Platform, according to the instructions available on the Platform at that time (such as with an email address and password, identification with a social network account such as Facebook/Google, or another available method). You can view information about previous Orders, invoices, etc. in your AppStore or Google Play account. For the Voxi Clinic (VoxiKids Clinic) platform, you will find these details in your account within the platform.
  4. Orders can be placed at any time, but as a rule, they will only be processed on working days, between 8 AM and 5 PM, where manual intervention is required. Any Order placed on a Saturday, Sunday, or any day declared by law as a public holiday will be processed on the immediately following working day. In the case of electronically delivered Products, processing may occur automatically and the Product may be delivered immediately after the Transaction is completed.
  5. We reserve the right to validate Orders before fulfilling them and we will contact you by phone, 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, without completing the Order, does not lead to the registration of an Order and implicitly not to the automatic reservation of the Product added to the shopping cart, but unpaid.
  7. The order will be considered finalized through the full payment by you of the price of the Products in the Order, through 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 finalizing the Order, you confirm that all the data you have provided is correct, complete and true on the date of placing the Order. By placing an Order, you explicitly acknowledge that the respective Order implies your firm obligation to pay the "total payment amount" indicated. Other changes to the Order (such as identification data, e-mail addresses or billing addresses) can only be made if this is technically possible, without implying an additional cost to us.
  9. By creating an Account or, as the case may be, finalizing the Order, you agree that we may contact you, by any available means, respectively automated calling system without human intervention, fax, e-mail, in any situation in which it is necessary to contact you for the completion and processing of the Order. Lack of a response from you, through one of the communication methods made available through the Platform to our requests, may lead to the invalidation of the Order.
  10. Products purchased through the Platform may not be resold or distributed for commercial purposes, being intended for personal use, unless otherwise provided in the Specifications. Also, please note that in the case of Products with online access, the Sale is nominal, so the access credentials (such as username and password) cannot be transmitted to another person. The VoxiKids App relies heavily on personalized interaction with the Client, so credentials will not be offered for other people as well.
  11. If you do not comply with the above provisions, we reserve the right to fully recover the damage suffered, by any method recognized by law.
  12. We may cancel an Order placed by you, with a simultaneous or subsequent notification, and without such cancellation incurring any liability on our part to you, in the following cases:

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

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

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

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

e) we reasonably believe that by accessing the Platform and placing the Order you are pursuing an illicit purpose or one that may cause any kind of damage to us, our Affiliates or Partners;

f) any of the terms and conditions in this document have not been fully complied with.

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

  1. The prices of the Products displayed on the Platform or communicated to you are expressed in the national currency of your country (RON for Romania, EURO for EU countries, etc.) and may or may not include VAT according to the legislation in force, as displayed on the site. Any transport or delivery fees are not included, unless this is expressly stated when finalizing the Order. The prices valid for Products are those displayed on the Platform or communicated to the Client when finalizing an Order.
  2. We may update the prices of the Products at any time, and such update will replace any prices previously displayed for those Products.
  3. We will issue you an invoice for the Products purchased/delivered. You are obligated to provide us with all the information necessary according to the legislation in force for us to issue the invoice. Please pay close attention when entering the data, because we will not be able to modify the data on the proforma/fiscal invoices issued.
  4. As a general rule, we (or the platforms on Google Play/App Store) will send you the invoice for the Order for the Products sold/delivered either in physical format (on paper) 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 the SPAM folder, so please check there as well).
  5. According to the legislation in force in Romania, when we accept payment by bank 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 issuing bank of the Customer's card, if the currency of issue of the card differs from the currency in which the sale is made.
  7. VoxiKids is not responsible for other additional costs that you have to bear for the application to function, such as internet costs, costs for electronically charging devices, etc.
  8. In the case of products with recurring monthly payments, you agree from the outset to the withdrawal of a monthly amount indicated at the time of placing the Order. If you no longer wish to benefit from these options, you can cancel the Product at any time from your Account. Please note that any amounts already paid will not be returned.
  9. You are fully responsible for any payment made in error, mistake, or made without canceling our Products (such as in the case of recurring monthly payments). In these situations, we will not return the amounts of money already paid, being solely responsible for these payments.

 

Services provided by Professionals

  1. For the speech therapy Services provided by professionals, payment will be made directly to them for the moment, through the proforma invoice issued by each Professional separately.
  2. When the VoxiKids Platform is developed, payment to Professionals will also be made through the Platform, according to these Terms.

In short: we will deliver the Products only after you pay for them in full through one of the methods displayed on the site.

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

Transfer of risk and ownership of the Products

In short: after you buy a Product from us, all risks are transferred to you.

  1. In the case of digital products, you will receive a non-exclusive license, limited to the period of time for which you have chosen the Products, the right of ownership remaining with us or the person expressly indicated in the Specifications/other place of identification. We remind you that our Products are intended for the personal use of the Customer, not for other persons than those indicated by order, the license being limited only to the Customer's use.
  2. After payment of the Order, all risks are transferred to you, with the exception of point (1) above, and VoxiKids cannot be held responsible for any kind of damage.
  3. Please check in advance whether the device from which you want to access VoxiKids/Voxi Clinic (phone, tablet, laptop, desktop, etc.) is compatible with our operating requirements. VoxiKids is not responsible for any kind of damage that may be caused to you because the requirements are not met. We are constantly making efforts to improve our Products, but we cannot guarantee, even in the case of recommended specifications, that VoxiKids will work on your devices.

In short: Our products are exempt from the right of withdrawal, in accordance with the legislation in force.

  1. Please note that most Products on the Platform are Products for which the law does not require us to offer a right of withdrawal and, implicitly, the return of sums of money already paid following the Transaction.
  2. Our products are: (a) digital licenses (access based on username and password), (b) services, for which you expressly agree that the amounts paid are non-refundable, the delivery of the Product being considered fully executed at the time of making the Payment in exchange for access for points (a) and (b) and at the time of performance of the services in case (c).
  3. In exceptional cases, we may decide, at our sole discretion, to refund certain amounts (total or partial) depending on certain particular cases, according to our commercial policy, but this does not entail our responsibility or obligation to do so consistently.

In short: Our Products benefit from the guarantees offered by the legislation in force and which apply to us. In the event that the guarantee is not applicable (i.e. in the case of services or specific Products), we will indicate the existing guarantees in the Products description or in our general order management policy.

8.1  Warranty for digital products

  1. In the case of electronic/digital products that involve immediate access, you agree that you will not benefit from a legal guarantee, in accordance with the provisions in force.
  2. However, since our desire is to always have satisfied customers, we may implement a commercial guarantee policy for certain types of digital Products offered through which we can return the amounts paid (in full or in part) within a certain period.
  3. The exact conditions for refunding the amounts mentioned in point 8.1.(3) will be indicated in the description of each Product.

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

  1. Trade names, trademarks, copyrights and any other intellectual property rights registered or pending registration relating to Products owned or used by the Seller are and will remain the exclusive property of the Seller or, as the case may be, of the Seller's licensors. The Customer will not have any right or claim with regard to these.
  2. You will not act in any way that could infringe the rights provided in art. 9 above. You agree not to use in your activity any sign or name similar or identical to the trademarks, trade names of the 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 emails sent to you by us, any information communicated to you (including, but not limited to, data relating to the Provider, its activity, etc.) by any means by a representative of the Provider are and remain the exclusive property of the Provider, the latter being reserved all rights obtained in this regard directly or indirectly (such as through licenses of use and/or publication, exclusive/non-exclusive, limited/unlimited in time, etc.). You may copy, transfer and/or use such data only for personal purposes or outside of an activity carried out in a professional capacity and only if it does not conflict with these terms and conditions.
  4. Any other way of using the content available on the Site/Platform for purposes other than those permitted by this Agreement or in the conditions of use that accompany it, if they exist, is expressly prohibited.

 

Audio & video recording and screenshots

  1. It is forbidden to record (including in the form of screen recording) any part of the VoxiKids Application, whether it is on the Application support from the Appstore / Google Play Store or online.
  2. When you have sessions with speech therapists, which will be video monitored, in order to deliver the Services to the Professionals, you are prohibited from recording the session video or audio.

Advertising & commercial communications

In short: when we carry out direct marketing activities, we ask for your prior consent. However, there will be situations in which we will send you commercial communications based on our legitimate interest, as we explained to you in the Information Note.

  1. Most of the materials you find on the Platforms are available for free download. When you download these Products, you agree to subscribe to our newsletter to be up to date with the latest news we publish, information about new products and services we launch, campaigns we run, and possible offers from our partners. These offers will not be sent separately but will be part of our current communications, where applicable.
  2. We also use affiliate marketing tools. This means that if you click on the links in articles that lead to external sites and place an order there, we will receive a commission as a result of this transaction. It doesn't cost you anything, and you help us to further our education and information projects.
  3. When we have advertorials on our pages, we will indicate them expressly and make the full disclosure. We don't want to mislead you or have you purchase a product or service that you are not comfortable with.
  4. You can express your consent to receive commercial communications by email or social networks, allowing us and our collaborators to carry out such communications, by checking the specific option at the end of these terms and conditions or in the dedicated area of the Platform.
  5. You can always revoke your consent regarding such commercial communications by:

a) unsubscribing from receiving Newsletters or commercial communications, at any time, by accessing the dedicated link found 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 that we send you.
  2. Our newsletters and commercial communications are sent through specialized partners approved by us, with whom you agree.
  3. Your renunciation to receiving Newsletters or other commercial communications does not imply renouncing the acceptance given for the rest of the terms and conditions regarding online sales made by the Seller and will only produce effects for the future, the previous processing being considered legal. Please note that it is possible that even after sending the revocation of consent you may still receive commercial communications from us for a short period, until the complete update of the database or in the case of a back-up.
  4. We reserve the right to select the persons to whom we will send Newsletters and other commercial communications, as well as to remove from the database any User or Client who has previously expressed their consent to receive Newsletters and other commercial communications, without any subsequent commitment or any notification from us, and we cannot be held liable for these actions.

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

  1. The content of our Products and Services does not represent a specialized medical consultation and does not replace a specialized diagnosis or treatment. The VoxiKids Platform was created as a useful tool to make speech therapy a game, with the aim of helping in the recovery of speech/pronunciation delays.
  2. VoxiKids assumes no responsibility for any damage caused to you, directly or indirectly, and does not undertake any obligation of result. If you have been diagnosed with medical problems that require specialized treatment, our recommendation is to contact competent specialists, according to the regulations in force.
  3. VoxiKids App is not a personalized speech therapist, does not offer medical or therapeutic consultations, and cannot replace specialized medical or therapeutic assistance.

 

Links from third parties

  1. The Platform may contain links to other websites on the Internet, which are owned and operated by third-party suppliers and other third parties (“Third-Party Sites”). VoxiKids is not responsible for the content of any external site. When you click on such a link, we encourage you to contact the administrator of that Third-Party Site if you have any questions about such links or the content found on these Third-Party Sites.
  2. When you leave the VoxiKids 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 knowing the cause.
  3. VoxiKids has no control over any such links and assumes no responsibility for the content, accuracy, privacy policies, services, practices, or opinions expressed on these Third-Party Sites, whether they come from the respective Third-Party Sites or from users.

 

Interaction with third parties

  1. VoxiKids assumes no responsibility for your interactions with organizations, businesses, professionals, and/or individuals you come into contact with through the Platform, directly or indirectly. This includes, for example, payment, delivery of goods or services, as well as any other terms, conditions, warranties, or any other representations associated with such interactions. The connections that are established are only between you and these people.
  2. Before establishing any forms of collaboration, you should take the necessary steps and carry out any investigation you deem necessary to proceed with an online or offline transaction with any of these third parties, such as editors, publishers, Professionals, etc. VoxiKids will not be responsible for any damage caused, directly or indirectly, loss or damage of any kind suffered as a result of 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 with 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. 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 people, Users or Professionals, you release Us (and our Affiliates, agents, employees, collaborators, subsidiaries, branches, representatives, etc.) from any claims, demands and damages of any kind, direct or indirect, suspected or potential, disclosed or undisclosed, that result from or are related in any way to such disputes and/or the Services and Products offered.
  6. Our obligation is not an obligation of result, but one of diligence, which means that we will do everything we can to deliver the Products or Services, but we cannot guarantee their execution, and you expressly agree to this.

 

Implementation of functionalities on social networks

  1. Depending on the Platform's development, we may implement certain features that allow you to share your progress from the Platform or Mobile App via social networks such as Facebook, Instagram, etc.
  2. Please remember that at that time, your interaction is with these social platforms, and we encourage you to carefully read their terms & conditions, privacy policy, as well as the settings you have implemented.
  3. VoxiKids will not share information about you or your child on Facebook or other social networks.

 

Case studies

  1. Under certain conditions, we reserve the right to use certain information from our interaction with you, in anonymized form, to present case studies to our readers or to the clients we are targeting (for example, when we want to show how VoxiKids has helped improve speech/pronunciation/language deficiencies).
  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. However, we may contact you directly to ask if you allow us to use certain personal data of you or your child in our case studies. We use this data to present the situations as realistically as possible and will not use it for any other purpose. Your refusal in this regard will not equate to a prohibition on using 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 Client

  1. All content (text, photo, video, etc.) that you post through the Platform (such as product reviews, transmitted messages, social media posts in which you tag us, social media shares, or comments left on social networks), 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/Clients, 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 have no obligation to do so.
  3. If we are held liable for content posted by Users/Clients on the Platform, we reserve the right to take action against the respective User/Client for full compensation of the damage suffered.
  4. Any use of 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 the content you send or post violates these Terms or any applicable law, whether by letter or in the spirit of these Terms, we reserve the right to remove this content from the Platform without notifying you in advance.
  5. We do not encourage, support, 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/Clients about existing Products through the Platform, as they are solely responsible for that content.
  6. By using the Platform, you agree and accept that you may be exposed to content that may be defamatory, denigrating, inaccurate, or inappropriate, or, in some cases, that there may be posts that are misleading. We will not be liable in any way for this content, including, but not limited to, errors or omissions, or for any kind of damage, material or moral, direct or indirect, that has been posted, transmitted by e-mail or social networks, or made public in any other way through the Products, the Platform, or in any other context.

 

12.2. Use of the Platform

You will not use the Platform:

a) If you are under 13 years old, without the consent of a parent or guardian;

b) in any way that violates any local, national, or other laws or regulations, or any order of a court in any relevant jurisdiction;

c) for any purpose that is not permitted by these Terms;

d) in any way that infringes the rights of any person or entity, including their copyrights, trademarks, 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 regarding competitors, potential competitors, etc.;

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

g) in any way that, whether intentional or not, promotes or incites racism, violence, hatred, or physical or moral harm of any kind;

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

i) to 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) to promote illegal activities or in any way that leads to the encouragement, acquisition, or carrying out of any illicit or criminal activity, or that may cause harm, suffering, or inconvenience to any person;

k) to access, manipulate, damage, or use non-public areas of the Services, computer systems, company servers or equipment, or the technical delivery systems of our providers;

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

m) in any way that, intentionally or not, misleads or aims to deceive another User or visitor of the Platform;

n) to introduce any malware, virus, or other harmful software (worm) that damages or interferes with the operation of the Products offered, including, but not limited to, cancelbots, denial of service attacks, time bombs, worms, trojan horses, viruses, or any other malicious software or hardware;

o) to interfere with or disrupt (or attempt to do so) the access of any User, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the services, or scripting the creation of content in such a way as to interfere with or create an undue burden on the services;

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

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

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

s) to solicit or provide illegal services;

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

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

v) to 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, deceptive, or false source information;

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

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

  1. We are not liable for any damages caused to you as a User or Client, or to any third party, as a result of our fulfilling 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 according to the above is not possible under applicable laws, our liability will be limited to the value of the Products that were the subject of the Order.
  2. You agree to keep your Account username and password safe, being solely responsible in case of fraudulent use by a third party.
  3. We are not liable for any damage caused by any technical malfunctions of the Platform (g., the impossibility of accessing any link on the Platform).
  1. You can generally contact us at the e-mail address in the "Support" section of the "Contact" area of the Platform for any clarifications or problems you have regarding the Products, including to identify and correct any errors that occur when entering data. Depending on the technical developments of the Platform, you may also have other means of communication with us (such as online chat, communication from your User account, social networks, etc.), which we will inform you about. However, if you do not tell us about these issues before the notification is issued or the Products begin to be supplied, these changes can only be made in exceptional cases that do not involve a disproportionate effort on our part and that are legally valid.
  2. For notifications or complaints related to the Products, you have at your disposal the notification form available on the Platform or another available means of contact, depending on the technical developments of the Platform. If there is no dedicated notification section, you will be able to follow the procedure described above.
  3. We will address the complaints received in this manner within 30 (thirty) calendar days from their receipt.
  4. Please note that we are not obligated to respond to requests for information and consultation made through the Platform without payment for the respective services.

  1. The use and processing of personal data of individuals

    By using the Platform, you understand and agree to transmit personal data to us, and this data will be processed in accordance with and for the purposes stipulated in the Information Note/Privacy Policy, which supplements these Terms and Conditions.

    1. Neither the Provider nor the Client will be liable for the non-performance of its contractual obligations if such non-performance on time and/or appropriately, totally or partially, is due to a force majeure event as defined by the Romanian Civil Code.
    2. If the 15 (fifteen) day period following the occurrence of the force majeure event passes without the event ceasing, either the Seller or the Client will have the right to notify the other party of the termination of the Contract without either party being able to claim damages from the other.

  1. Applicable law & dispute resolution

    1. This document represents a legal contract concluded remotely, accepted by simply ticking the box, and is subject to Romanian law.
    2. We will all try to resolve any disputes or misunderstandings that may arise amicably. To the extent that an amicable settlement is not possible, the disputes will be resolved by the competent Romanian courts in accordance with the law.
    3. Details regarding alternative dispute resolution methods are available here:

  1. Changes to this document

    We may modify this document at certain intervals and will decide on the best way to notify Users (pop-up, push notification, e-mail, etc.). Therefore, we recommend that you access this page to always read the latest version.

    This document was last updated on October 2, 2020.