Terms & Conditions

Agreement

By accessing and using this Web Site (speechathome.org), the application, content, services and software, you are bound by the “Licence” Terms and are becoming a “Licensee”. If you do not agree to all of the terms of this Licence, then do not access or use SpeechatHome.org or any of its application, content, services or software.

Application

This agreement applies between you (the Licensee), the User of this Web Site and Speech at Home Company Limited by Guarantee, having its registered office at 35 Killeen Road, Dublin 6, Ireland, company registration number 651461, the owner of this Web Site (the Licensor). Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Web Site. If you do not agree to be bound by these terms and conditions, you should stop using the Web Site immediately.

Definitions and Interpretation

In this Agreement the following terms shall have the following meanings:

  1. “Account” means collectively the personal information, payment information and credentials used by the Licensee to access the application, content, services or software and / or any communications System on the Web Site;
  2. “Content” means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Web Site;
  3. “Application” “services” and “software” means the Speech at Home “Therapy Programme Builder” including all associated content; Parent Training materials; and any SLT training materials;
  4. “Licence Fee” means a sum of money paid by Users to activate their Account and to enable them to access Content for a fixed Usage Period;
  5. “Paid Content” means Content accessible only upon the creation of an Account and the payment of a Licence Fee;
  6. “Service” means collectively any online facilities, tools, applications, services or information that the Licensor makes available through the Web Site either now or in the future;
  7. “System” means any online communications infrastructure that the Licensor makes available through the Web Site either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities, forums and email links;
  8. “Licence Period” means the period for which a Licence Fee has been paid to allow access to Content and Service;
  9. “User” / “Users” means any third party that accesses the Web Site, other than the public access pages and is not employed by the Licensor;
  10. “Web Site” means the website that you are currently using (speechathome.org) and any sub-domains of this site unless expressly excluded by their own terms and conditions.

Intellectual Property

  1. Subject to the exceptions in the Third Party Intellectual Property clause of these Terms and Conditions, all Content included on, and all intellectual property rights in, the Web Site, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, any training materials, the “therapy programme builder”, underlying code and software is the property of the Licensor. By continuing to use the Web Site you acknowledge that such material is protected by applicable Republic of Ireland and International intellectual property and other laws. All such rights are reserved.
  2. Material from the Web Site may not be re-used without written permission where any of the exceptions detailed in Copyright & Related Designs Act 2000 (Ireland) or those detailed in the Use of Paid Content clauses of these Terms and Conditions apply.
  3. The Licensor’s status as author (and that of any identified contributors as the authors) of Content must always be acknowledged.

Use of Paid Content

  1. Payment of a Licence Fee grants you access to Paid Content on the Web Site for the duration of your Licence Period.
  2. Commercial use of paid Content is not permitted under the terms of a normal Licence.
  3. Users of Paid Content will be provided with a user identification code and will create their own password and you must treat such information as confidential, and you must not disclose it to any third party other than to the extent required for you to legitimately benefit from the Services. The Licensor reserves the right at any time to disable any user identification code or password if in its opinion you have failed to comply with any of these Terms and Conditions.
  4. You agree that you will not systematically copy Paid Content from the Web Site in any circumstances, including, without limitation, with a view to creating or compiling any form of comprehensive collection, compilation, directory or database, unless given express written permission to do so by The Licensor.

Third Party Intellectual Property

Certain Content and the intellectual property rights subsisting therein belongs to other parties. This Content, unless expressly stated to be so, is covered by the same permission granted by the Use of Paid Content clauses of these Terms and Conditions to use Content from the Web Site, unless a separate use policy is relevant for that specific Content which in such case will be indicated in an accompanying notice.

Links to Other Web Sites

This Web Site may contain links to other sites and these are provided for your information only. Unless expressly stated, these sites are not under the control of The Licensor. The Licensor assumes no responsibility for the content of such web sites and disclaims liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Web Site does not imply any endorsement of the sites themselves or of those in control of them.

Links to this Web Site

  1. Those wishing to place a link to this Web Site on other sites may do so only to the home page of the site speechathome.org without the Licensor’s prior permission.
  2. Deep linking (i.e. links to specific pages within the site) requires the express permission of The Licensor. To find out more please contact The Licensor.
  3. The Licensor reserves the right to withdraw linking permission without notice.

Use of Communications Facilities

When using any System on the Web Site the Licensee should do so in accordance with the following rules:

  1. the Licensee must not use obscene or vulgar language;
  2. the Licensee must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
  3. the Licensee must not submit Content that is intended to promote or incite violence;
  4. it is advised that posts on message boards, chat facilities or similar and communications with The Licensor are made using the English language(s) as The Licensor may be unable to respond to enquiries submitted in any other languages;
  5. the Licensee must not post links to other web sites containing any of the above types of Content;
  6. the means by which you identify yourself must not violate these terms of use or any applicable laws;
  7. the Licensee must not engage in any form of commercial advertising. This does not prohibit references to businesses for non-promotional purposes including references where advertising may be incidental;
  8. the Licensee must not impersonate other people, particularly employees and representatives of The Licensor; and
  9. the Licensee must not use the System for unauthorised mass-communication such as “spam” or “junk mail”.
  10. You acknowledge that The Licensor reserves the right to monitor any and all communications made to it or using the System.
  11. The unaccompanied use of the System and Web Site by a minor is not permitted.
  12. The Licensee warrants that any communications made by you using the System comply with the terms set out in Use of Communications Facilities Item 1 and agree to indemnify The Licensor for any breach of such warranty.
  13. The Licensor will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other User on the Web Site or using the System.
  14. The Licensor has the right to remove any material or posting you make on the Web Site or using the System if, in the opinion of The Licensor, such material does not comply with the obligations set out in Use of Communications Facilities Item 1.

Viruses, Hacking and other Offences

  1. The Licensee must not misuse the Web Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. The Licensee must not attempt to gain unauthorised access to the Web Site, the server on which the Web Site is stored, or any server, computer or database connected to the Web Site. The Licensee must not attack the Web Site via a denial-of-service attack or a distributed denial-of-service attack. By breaching this term, you would commit a criminal offence under the Computer Misuse Act 1990 and The Licensor will report any such breach to the relevant law enforcement authorities and will co-operate with those authorities by disclosing your identity to them. In the event of such breach, The Licensee’s right to use the Web Site will cease immediately.
  2. The Licensor will not be liable for any loss or damage caused by a distributed denial- of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Web Site or to The Licensee’s downloading of any Content posted on it, or any website linked to it.

Accounts

  1. In order to access Paid Content on this Web Site and to use the System contact facilities you are required to create an Account which will contain certain personal details which may vary based upon the type of Account that you choose. By continuing to use this Web Site you represent and warrant that:

a. all information you submit is accurate and truthful; and

b. you will keep this information accurate and up-to-date;

c. you are over 18 years of age.

Your creation of an Account is further affirmation of your representation and warranty.

  1. Sharing of Accounts is not permitted unless expressly authorised in writing by The Licensor. You are required to keep your Account details confidential and must not reveal your Username and Password to anyone. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.
  2. When choosing your Username you are required to adhere to the terms set out above in Use of Communications Facilities. Any failure to do so could result in the suspension and/or deletion of your Account.

Licence Fees

  1. There will be an annual licence fee payable  annually.
  2. Licence Fees will be charged on the date that you make your purchase. Your credit/debit card or Stripe account will be billed on the date of purchase.
  3. If you have purchased in error you must inform The Licensor within 24 hours of purchase and must not use the Web Site or its Content during that time. If any use can be traced to your Account, no refund will be provided.

Termination

  1. The Licensor, may terminate your Account and (where relevant) your Licence. If the Licensor terminates your Account or Licence, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, the Licensor reserves the right to terminate without giving reasons.
  2. If the Licensor terminates your Account as a result of your breach of these Terms and Conditions you will not be entitled to any refund.
  3. If the Licensor terminates your Account or Licence, you will cease to have access to Paid Content from the date of termination.
  4. If you terminate your Account or Licence, you will continue to have access to Paid Content for the remainder of your Licence Period only. No refund will be made for any unused portion of the Licence Period if you terminate your Account or Licence.
  5. Upon termination of your Account or Licence for any reason you must immediately destroy any copies you have made of any Content. The Licensee may save their programmes prior to termination of their account. Licensors will delete programmes once the account is terminated.

Privacy

Use of the Web Site is also governed by our Privacy Policy and Cookie Policy which is incorporated into these terms and conditions by this reference and The Licensor processes information about you in accordance with such Privacy Policy. By using the Web Site you consent to such processing. To view the Privacy Policy, please click on the link above.

Governing Law and Jurisdiction

  1. This Agreement and any dispute or claim arising out of or in connection with it (including any non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of Ireland.
  2. Each of the Parties irrevocably submits for all purposes (including any non-contractual disputes or claims) to the exclusive jurisdiction of the courts in Ireland.

Programme Storage

Speech programmes can remain on the site while being actively updated by the therapist. When a treatment episode is completed the SLT should download the child’s programmes and store them locally in the healthcare record. The SLT should delete programmes no later than 6 months after completion of the therapy episode. Any programme which has not been updated after  7 months will be deleted by S@H.

Disclaimers

  1. The Licensor makes no warranty or representation that the Web Site and/ or the Services will meet your requirements, will be of satisfactory quality, will be fit for a particular purpose, will not infringe the rights of third parties, will be compatible with your systems, or that the Web Site will be secure and The Licensor hereby expressly excludes all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity, to the extent permitted by law.
  2. Whilst every reasonable endeavour has been made to ensure that all information provided on this Web Site will be accurate and up to date, The Licensor makes no warranty or representation that this is the case. The Licensor makes no guarantee of any specific results from the use of the Services.
  3. No part of this Web Site is intended to constitute advice and the Content of this Web Site should not be relied upon when making any decisions or taking any action of any kind.
  4. Whilst every effort has been made to ensure that all descriptions of services available from The Licensor correspond to the actual services available, The Licensor is not responsible for any variations from these descriptions.

Access to and Availability of the Web Site and Changes to Content

  1. The Service and the Web Site are provided “as is” and on an “as available” basis and The Licensor reserves the right to withdraw, suspend or amend the Service. The Licensor will not be liable if for any reason the Web Site is unavailable at any time for any period. The Licensor aims to update the Web Site regularly and may change the Content at any time.
  2. The Licensor accepts no liability for any disruption or non-availability of the Web Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
  3. The Licensee is responsible for making all arrangements necessary for you to have access to the Web Site and is responsible for ensuring that all persons who access the Web Site through their internet connection are aware of these Terms and Conditions and that they comply with them.

Limitation of Liability

The Licensor’s liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising out of any breach of these Terms and Conditions by The Licensor shall be limited to the value of a User’s current Licence Fee. The Licensor accepts no liability for all other direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Web Site or any information contained therein. Users should be aware that they use the Web Site and its Content at their own risk.

Restrictions

The Licensee will not, and will not allow third parties under his/her control to: (a), modify, create a derivative work of, reverse engineer, decompile, translate, disassemble, or otherwise attempt to extract any or all of the source code of the services; (B) sublicense, resell or, or distribute any or all of the services separate from any integrated application; (C) or otherwise access the website in a manner intended to avoid incurring licence fees.

Representations and warranties

The Licensee represents and warrants that: (a) he/she/it has full power and authority to enter into agreement; and (b) he/she/it will comply with all laws and regulations applicable to this provision, use, of the services, as applicable.

Miscellaneous

These terms and conditions constitute the entire and exclusive understanding and agreement between the Licensor and Licensee, and they supersede, replace any, and all, prior, oral, or written understandings. or agreements between the Licensor and Licensee.

If for any reason, a court of competent jurisdiction finds any provision of these terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these terms will remain in full force and effect.

The Licensee may not assign/transfer your rights obligations under these terms, by operation of law, or otherwise, without the prior written consent of the Licensor. Any attempt by the Licensee to assign/transfer its rights or obligations in these terms without such consent shall be of no effect. The Licensor may freely assign, or transfer, its rights, or obligations of these terms without restriction. Subject to the foregoing, these terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

Notices

Any notices or other communications provided by the Licensor under these terms, including those regarding modification to these terms, will be given via email or by posting to the website. Where Notices are made by email, the date of receipt will be deemed the date when such notice is transmitted.

No Waiver

The failure by the Licensor to enforce any right or provision of these terms will not be considered a waiver of those rights. The exercise by either party of any of its remedies under these terms will be without prejudice to its other remedies under these terms, or otherwise.

Force Majeure

Neither the Licensor or Licensee will be liable for failure or delay in forms to be sent because of circumstances beyond its reasonable control.

No Agency

This agreement does not create any agency, partnership or joint-venture between the Licensor and the Licensee.

Severability

If any term (or part of the term) of this agreement is invalid, illegal, or unenforceable, the rest of the agreement will remain in effect.

Last updated: 27 April 2020