Terms & Conditions
The following terms and conditions govern your use of the Speaks4me® product and the materials available therein ("Materials"):
Should the Buyer wish to cancel their purchase contract between them and the Seller (Speaks4me Limited) the Buyer should put this in writing giving 1 months notice, prior to the Product being despatched to the Buyer or the Seller placing orders with any external suppler(s).
The following words shall mean:
Conditions: the terms and conditions set out in this document
Contract: any contract between the Buyer and Speaks4me Limited for the sale and purchase of the Goods.
Delivery Point: the place at which the Buyer collects or receives the Goods
Goods: the goods that the Buyer agrees to purchase from Speaks4me Limited
Price: the price for the Goods shall be a fully inclusive price (incorporating carriage, packing and insurance and local UK taxes - as appropriate) shall be the price set out in the Speaks4me®'s current price list at the date on which an order is made
Seller: Speaks4me Limited or address of Speaks4me Limited, Sheffield Technology Park, Cooper Buildings, Arundel Street, Sheffield, S1 2NS
Working Day: Monday to Friday excluding bank and other public holidays
2. APPLICATION OF TERMS
The Contract shall be on these Conditions to the exclusion of any other terms and conditions.
Any order for Goods from the Buyer shall be deemed to be an offer to purchase the Goods subject to these Conditions.
No terms or conditions endorsed upon, delivered with or contained in any Seller's/Sellers' purchase order, confirmation of order, specification or other document shall form part of the Contract. The Conditions shall not be varied unless any agreement to vary is recorded in writing and signed by the Seller and Buyer.
No order placed by the Buyer will be accepted by the Seller until he/she/it/they have/has sent to the Buyer acknowledgement and acceptance of the order. Upon the Seller sending the acknowledgement and acceptance of the order, the Seller and the Buyer will have a binding contract between them.
The Buyer warrants that all the details in the order are complete and accurate.
The Conditions shall apply to the sale of all Goods. Save as has been specifically provided for in the Conditions, any representations relating to the Goods shall not be effective unless expressly agreed in writing and signed by both the Seller and the Buyer.
3. THE GOODS
The Buyer acknowledges that they have entered into the Contract as a result of their inspection or knowledge of the Goods and not in reliance upon any description given by the Seller.
All drawings, descriptive matter, specifications and advertising issued by the Seller are issued or published for the sole purpose of giving an approximate idea of the Goods described in them and shall not form part of the Contract.
4. DELIVERY OF THE GOODS
Unless otherwise agreed in writing by the Seller, he/she/it/they shall make the Goods available to be delivery to the stated Buyers address.
The Seller shall not be liable for any loss (including any loss of profit), costs, damages, charges or expenses caused directly or indirectly by any delay in making the Goods (even if caused by his/her/its/their negligence).
If the Seller fails to make the Goods available for delivery by any estimated date for delivery or if no estimated date for delivery is given, within a reasonable time, the Buyer may terminate or rescind the Contract upon giving notice to Seller for delivery days notice.
5. TITLE AND RISK
Title and ownership to the Goods shall not pass from the Seller to the Buyer until the Seller has received the Price in full together with all other sums payable by the Buyer to the Seller.
Until title and ownership in the Goods has passed, the Buyer shall hold the Goods and each of them as bailey on behalf of the Seller and on a fiduciary basis retain the Goods separate from his/her/its/their other merchandise and possessions; and keep the Goods identifiably separate.
The Goods shall be at the risk of the Seller up until he/she/it/they give/gives notice that the Goods are available for delivery and thereafter they shall be at the risk of the Buyer.
Although the pictures used in the Speaks4me are used with permission of Pyramid Educational Consultants, Inc. this device is not approved or endorsed by Pyramid Educational Consultants, Inc. To learn about the protocol of The Picture Exchange Communication System and information about Pyramid Educational Consultants, please visit their website at www.pecs.com.
The Pics for PECS™ 2009 picture set images supplied with the speaks4me® product are fully copyrighted by Pyramid Educational Consultants Inc, and will be used under license from Pyramid Educational Consultants, Inc. For the avoidance of doubt, no individual or group of the integrated Pics for PECS™ 2009 picture set images shall in whole or part ever be consider to be in the Public Domain. The Pics for PECS™ 2009 picture set images are not to be shared, exchanged, redistributed in whole or in part or in any form or removed or transferred from the speaks4me® device. Failure to adhere and comply with this primary condition of sale will result in the immediate forfeit, withdrawal and termination of the end user's license agreement to access and utilise the supplied Pics for PECS 2009 picture set images.
All invoices are payable without discount of any kind in Great British Pounds Sterling (£ GBP) prior to despatch and delivery to the Buyer and in no circumstances may the Buyer make any deduction or withhold payment for any reason at all.
If the Buyer fails to pay the invoice by the due date and without prejudice to any rights of the Seller, the Buyer shall:
o forfeit any discount given in that invoice or in any other way agreed; and
o pay interest on any overdue amount from the date on which payment was due to the date of actual payment (whether before or after judgment) on a daily basis at a rate of 1% Interest over the base from the time quoted by the Bank and reimburse to the Seller all costs and expenses (including legal costs) incurred in the collection of any overdue amount.
The Buyer shall make all payments due under the Contract without any deduction whether by way of set-off, counterclaim, abatement or otherwise unless he/she/it/they has/have a valid court order requiring an amount equal to such deduction to be paid.
Until the Seller is in possession of cleared funds, the Buyer shall not be deemed to have made a payment.
If the Buyer does not make payments as required, the Seller may terminate the Contract and secure all necessary reimbursement for supplied Goods and any associated professional services in the supply, deliver of such Goods and any necessary legal costs.
If the Seller is not the manufacturer of the Goods, he/she/it/they shall transfer the benefit of any warranty or guarantee that he/she/it/they have/has been given.
The Buyer accepts that he/she/it/they buys or is deemed to buy the Goods as seen and in the condition they are at the time the order is placed.
The Seller warrants that the Goods shall be:
o of satisfactory quality within the meaning of the (act, in the UK :Sale of Goods Act 1979); and
o reasonably fit for their purpose.
If any of the Goods do not conform with the warranty in condition. the Seller shall arrange for the delivery of Goods and may:
o carry out repairs to the Goods;
o replace the Goods or any defective part; or
o refund the price of such Goods.
The Seller shall deliver any repaired or replacement Goods to the Buyer's premises. The Seller's liability for breach of warranty as set out in clause 8 shall be limited to complying with condition and shall not have further liability.
8. LIMITED WARRANTY
Speaks4me Limited represents and warrants that it has the right and authority to make the available pursuant to these General Terms and Conditions.
All products, services and materials are provided on an "As Is", "As Available" basis and Speaks4me Limited and each third party supplier of materials expressly disclaim all warranties, including the warranties of merchantability and fitness for a particular purpose.
9. LIMITATION OF LIABILITY
The Seller shall not have any liability to the Buyer for any loss or damage of any nature arising from any breach of any express or implied warranty or condition of the Contract or any negligence, breach of statutory or other duty on the part of the Seller or in any other way out of or in connection with the performance or purported performance of or failure to perform the contract except:
o for death or personal injury resulting from the Seller's negligence; and
o as expressly stated in these conditions.
The Seller shall not be liable for any defect arising from any design or specification provided or made by the Seller or if any adjustments, alterations or other work has been done to the Goods by any person except the Seller or his/her/its/their authorized agent.
The Seller shall not be liable where any Goods are lost or damaged in transit. All claims by the Buyer shall be made against the carrier.
10. WEBSITE ACCESS
Only individuals authorized by Speaks4me Limited may access and use the website shared area or portal http://www.speaks4me.com/portal.
You may not use an identification number to access http://www.speaks4me.com/portal from outside the country for which it was issued.
Your identification number(s) may be restricted from accessing certain Materials otherwise available in http://www.speaks4me.com/portal.
Materials and features may be added to or withdrawn from http://www.speaks4me.com/portal and the Services otherwise changed without notice.
11. WEBSITE COMMUNITY RULES
You agree to use Speaks4me Communities (including Message Boards) in accordance with the following Community Rules. These apply across all Speaks4me community sites and services. You should, however, read the local house rules of the particular site or service you are using, as there may be some local variations to these Community Rules.
About your posts:
Contributions must be civil and tasteful
No disruptive, offensive or abusive behaviour: contributions must be constructive and polite, not mean-spirited or contributed with the intention of causing trouble.
No unlawful or objectionable content: unlawful, harassing, defamatory, abusive, threatening, harmful, obscene, profane, sexually oriented, racially offensive or otherwise objectionable material is not acceptable.
If you use multiple logins for the purpose of disrupting the community or annoying other users you may have action taken against your accounts.
Be patient: users of all ages and abilities may be taking part in the relevant http://www.speaks4me.com/ Community.
No spamming or off-topic material: we don't allow the submission of the same or very similar contributions many times. Please don't re-submit your contribution to more than one discussion, or contribute off-topic material in subject-specific areas.
Contributions containing languages other than English may be removed unless allowed in the relevant local house rules.
No inappropriate (e.g. vulgar, offensive etc) user names
You may not refer to specific URLs (web site addresses) unless allowed under the relevant local house rules. If you know of a worthy web site relevant to the discussion topic, please inform the host of the Community area.
Deliberate misuse of the complaints facility is not permitted. If you persist in doing this action may be taken against your account.
We advise that you never reveal any personal information about yourself or anyone else (for example: telephone number, home address or email address), and please do not include postal addresses of any kind. If you have a helpful address to share, inform the host of the relevant Community area using the 'Contact Us' link, and they will promote it if they see fit.
About the law:
You may not submit any defamatory or illegal material of any nature in http://www.speaks4me.com/ Communities. This includes text, graphics, video, programs or audio.
Contributing material with the intention of committing or promoting an illegal act is strictly prohibited.
You agree to only submit materials which are your own original work. You must not violate, plagiarise, or infringe the rights of third parties including copyright, trade mark, trade secrets, privacy, publicity, personal or proprietary rights.
The views expressed in http://www.speaks4me.com/ Community areas are those of members of the public and are not necessarily those of the Speaks4me Limited.
If you're under 16:
Please get a parent's or guardian's permission before taking part in any http://www.speaks4me.com/ discussion.
Never reveal any personal information about yourself or anyone else (for example, telephone number, home address or email address).
If you fail to abide by these Community Rules (and/or any variations in the relevant local house rules) when taking part in a http://www.speaks4me.com/ Community service, you will be sent an e-mail which informs you why your contribution has been failed or edited. This mail will also include a warning that continuing to break the rules may result in action being taken against your account or accounts. This action may include your relevant account or accounts being placed into pre-moderation or a temporary or permanent suspension of your ability to participate in any or all of http://www.speaks4me.com/ Community areas. If you post or send offensive or inappropriate content anywhere on or to http://www.speaks4me.com/ Communities or otherwise engage in any disruptive behaviour on http://www.speaks4me.com/, and that Speaks4me Limited considers such behaviour to be serious and/or repeated, then Speaks4me Limited may use whatever information that is available to it about you to stop any further such infringements. This may include informing relevant third parties such as your employer, school or email provider about the infringement/s. Speaks4me Limited reserves the right to delete any contribution, or take action against any account, at any time, for any reason.