Legal Agreements

TERMS OF USE

This Terms of Use was published on 04/25/2022 and last updated on 04/25/2022. 

OVERVIEW
This website is operated by Touch-Type Read and Spell Limited (Hereinafter referred to as “TTRS” “we” “ Platform” “ Website/site” and/or “us”), a company having its registered office at TTRS Administration, Chislehurst Business Centre, 1 Bromley Lane, Chislehurst, Kent  BR7 6LH. We are registered in the United Kingdom and are trading under https://www.readandspell.com/  (including our mobile apps, web applications, softwares and all other avenue through which our Services is available) , (individually and jointly referred to as “the site” or “ Website” or “ Platform”)

Throughout the site, the terms “we”, “us” and “our” refer to Touch-Type Read and Spell Limited. Touch-Type Read and Spell Limited offers this platform, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

YOUR ATTENTION IS HEREBY DRAWN TO SECTION 12.
By visiting our site and/ or purchasing our Services, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Use”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink including but not limited to our Privacy Policy and our Data Processing Addendum. These Terms of Use apply to all users of our Website, including without limitation users who are browsers, Members, Authorised Users, Content and/ or contributors of Content.

Please read these Terms of Use carefully before accessing or using our Website. By accessing or using any part of our Platform, you agree to be bound by these Terms of Use. If you do not agree to all the terms and conditions of these Terms of Use, then you may not access our Platform or use any of our Services. If these Terms of Use are considered an offer, acceptance is expressly limited to these Terms of Use.

Regarding any issue related and connected to this Terms of Use, we can be contacted at support@readandspell.com. We have a dedicated team who would endeavour to respond to your email as soon as possible. Please be informed that we are only able to give clarifications and explanations, We are not able to provide legal advice.

Any new features or tools which are added to the current platform also be subject to the Terms of Use. You can review the most current version of the Terms of Use at any time on this page. We reserve the right to update, change or replace any part of these Terms of Use by posting updates and/or changes to our Platform. It is your responsibility to check this page periodically for changes. If you are registered on our Platform, we will give you notice of any amendment to these Terms of Use. However, this does not take away your obligation to check our Terms of Use page before transactions or use. Your continued use of or access to our Platform or Services following the posting of any changes constitutes acceptance of those changes.

 

SECTION ONE - DEFINITIONS AND INTERPRETATIONS. 

As used in this Terms of Use, the following words and terms shall have the meanings ascribed to them below with words in the singular deemed to include those in the plural and vice versa:

  1. Agreement or Contract - means your contract for the use of our Services and/or the use of our Platform. As regarding your use of our Services, more details are provided in section 2

  2. Account -  means a registered profile needed for access and use of our Services, please see section 5 for more details. 

  3. Authorised User(s) - a person who is validly using the Services through the authority of a School Member (as permitted under an Education Licence), or a Home Member (as permitted under a Home Licence).

  4. Dashboard or Account Page - A page on /part of our Platform where Users can control their activities on our Platform.

  5. Free Trial - A usage period which allows Users to use our Services within a given period of time with certain limitations as stated here.

  6. Members - means Users as defined and described in section 4

  7. Order- means a request for a Licence to use our Services. 

  8. Our Content - includes those Contents provided to users by us, which is related to or connected with our products, Services and activities on our Platform. 

  9. Payment - includes any sum(s) of money paid or due to be paid to us by any user in respect of the Services.

  10. Party - means either user as defined in section 1(u) or TTRS as defined in section 1(t).

  11. Parties - means both users defined in section 1(u) and TTRS as defined in section  1(t).

  12. Platform - Includes all avenues in which our Services can be accessed and used. This includes but is not limited to https://www.readandspell.com/ (Website), our mobile application, web application, softwares, any of our Services, and/or any avenue through which our Services can be accessed, etc.

  13. Products - includes Licence(s) or any other services or any other tool offered on our Platform.

  14. Licence - means a Licence (including free trial attached to a Licence plan, if any) for a licence to use our Services which has been fully paid for. 

  15. Licence Fee - means the consideration for the use of our Services.

  16. Licence Order Confirmation - means an acceptance of an Order or request to use our Services(s). 

  17. Services - includes anything related to and connected with our Services, the use of our Platform and/or any other Services available on our Platform. The details of our Services are as contained in Section 2 and any part of our Platform.

  18. Terms of Use - means these “Terms of Use” together with the terms incorporated by reference, all as may be amended, varied or supplemented from time to time by us  in accordance with the provisions of these Terms of Use

  19. TTRS - means Touch-Type Read and Spell Limited, a company registered and located in the United States which can be contacted on our contact page or at support@readandspell.com.

  20. User or Users - any user of our Platform including but not limited to Platform visitors, Authorised Users, Members, or any person using our Services or Platform for whatsoever reason. 

  21. User Content or Your Content - means any Content provided by the persons who fall under the category in section  1(s) above.

  22. Website - https://www.readandspell.com/ and all of our Services and platforms.

  23. You or Your - means the same thing as “user” as described in section  1(t)

 

1.2    REFERENCES.

Any reference to a statutory provision shall be construed as a reference to: 

  1. Any statutory modification or re-enactment thereof (whether before or after the date hereof) for the time being in force;

  2. All statutory instruments or Orders made pursuant thereto; and

  3. Any statutory provisions of which that statutory provision is a re-enactment or modification.

  4. Any reference to a document or this Terms of Use shall include a reference to any amendment, replacement, notation or supplement to that document or this Terms of Use but excluding any amendment replacement, notation or supplement made in breach of this Terms of Use.

  5. Any reference to a party, (who can either be users or TTRS collectively and individually) to this Terms of Use includes a reference to that Party’s successors and permitted assigns.

  6. Paragraph headings are inserted for ease of reference and convenience and shall not be construed as forming part of this Terms of Use or used in the interpretation of any Article hereof.

  7. Words denoting the singular shall include the plural and vice versa.

  8. Words denoting persons shall include corporations, partnerships, sole traders firms and organisations and vice versa.

  9. Words denoting any gender shall include all genders.

 

SECTION TWO - OUR SERVICES.

  1. We provide the Services by way of a software program and related tools and services on our Platform designed to provide a means by which literacy is developed as described at www.readandspell.com .  The Services are as described in this section or as may be modified by Us at any time.

  2. We provide, through our Webiste and subject to these Terms, the opportunity for School Members, Home Members and Tutors, as applicable (together Members), to purchase School Licences orHome Licences respectively, to receive and to permit their Authorised Users to receive the Services pursuant to a standard TTRS End User Licence Agreement to be accepted by each Authorised User (each, a “Licence”). The form of the Licence, the types of Licences, the types of Members who may purchase such Licences are each described further at https://www.readandspell.com/us/home-course#fees and https://www.readandspell.com/us/education-license#fees

  3. The Services are available to Members and Authorised Users by way of the Licences as described in this Terms of Use.  

  4. Access to our Platform is on an “as available” basis.  

  5. To access our Services, you must have an account with us.  

  6. You acknowledge that our Platform is an evolving one and that the form and nature of our Platform, including the Services, may change from time to time. Whenever we  are making a reasonably significant change, we will inform you about the changes. 

  7. We will take all reasonable steps to ensure that access to our Services is available at all times. We will inform you if we need to carry out an upgrade or restrict access to our Services for a period of time for maintenance purposes. 

  8. You agree that we do not bear any liability from any loss of data, business opportunity or Content due to the scheduled maintenance, unplanned outages or malfunctioning of our Platform.

  9. If you have any questions or complaints regarding our Service, you can reach us through the information contained in our contact us page  or at support@readandspell.com 

  10. You hereby agree that neither our Services, our Platform, nor any part of our Platform constitutes advice or suggestion. They are just general information put out for information purposes only.

  11. We make no representation, warranty, or guarantee that our Platform or Services will meet your requirements, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure. We will take reasonable steps to ensure that our Content(s) and service(s) are functional and that they work; however , we do not make any express or implied warranty, guarantee or representation that  it will be functional and up to date. We are not responsible for any user Content and those Content do not reflect our opinion or values. 

  12. Our Privacy Policy, Refund Policy and Data Processing Addendum which are published in the footer of all pages on our Website. These policies, in such form as may be amended from time to time and posted on our Platform, are hereby incorporated by reference into these Terms as if fully set forth herein.  By using our Platform or using any of the Services you are also agreeing to the terms of the Privacy Policy as contained on our Website. 

SECTION THREE - PERMITTED USE OF OUR SERVICE.

  1. If an individual, you guarantee and warrant to TTRS that you are at least 18 years of age and that you possess the legal capacity to enter into any agreements formed in accordance with these Terms.  For individuals under 18 years of age, a parent or legal guardian must consent on their behalf and will be the party bound by the Terms.  You authorise us to undertake any such verification checks from time to time as we may require in order to confirm your age.

  2.  If representing a college, school or other organisation, you warrant to TTRS that:

    1. you are authorised to enter into binding legal obligations on behalf of the college, school or other organisation; and

    2. the college, school or other organisation has the right, power and authority to execute and deliver, and to exercise its rights and perform its obligations under these Terms and any contract formed as anticipated by these Terms or the TTRS Site.

  3. Users are only allowed to use our Services in a legal and fair way. Usage should only be in a manner that protects our intellectual property and our commercial interests. Users are granted a non-exclusive and revocable right to authorise other persons (Authorised Users) to access and use our Services. This is dependent on the User’s Licence and Licence. When authorising an Authorised User, the User acknowledge and agree that, subject to any applicable laws:

    1. it is the User who determines who is an Authorised User (for the purpose of the User Account) and what level of access each Authorised User has to the Services, platform and the User’s Data;

    2. the User is responsible for all Authorised Users’ use of the Services and our Platform (whether authorised by the User or not);

    3. the User controls each Authorised User’s level of access to the Services, Website at all times and can revoke or change an Authorised User’s access, or level of access, at any time and for any reason, in which case that person or entity will cease to be an Authorised User or shall have that different level of access, as the case may be. Certain Users (Admin) can delegate their authorization powers to their Authorised Users (Teacher) who would be able to revoke, change or remove access to other Authorised Users, for the purpose of this Terms of Use, these Users agree that the action of their Authorised Users (Teacher) who has the aforestated power is their action and TTRS reserves the right to hold the User (Admin) liable for the actions and omissions of these Authorised Users(Teacher). 

    4. Authorised Users’ usernames and passwords may not be shared or used by more than one individual and the User may only re-assign access rights to a new individual user where an existing Authorised User no longer requires the rights to access and use the Services and Website; and

    5. if there is any dispute between a User and an Authorised User regarding access to any Services, Website, the User shall decide what access or level of access to the relevant Services, Website that the Authorised User shall have, if any. This does not affect our right to without access to any Authorised User for breach of  our Terms.

  4. Users warrant that our Services will not be used for any manner that:

    1. infringes our or another person’s intellectual property or proprietary rights;

    2. insinuates or portrays association or connection with us including but not limited to the use of our logo, trademark or name without our expressly written permission. 

    3. is connected to explicit Contents, illegal Contents, discriminatory or hate Contents.

    4. facilitates illegal or criminal activities;

    5. infringes on the privacy and/or rights of another person;

    6. dscriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation, or age; and/or

    7. steal or extract the personal data of another person.

  5. You agree to not attempt to gain unauthorised access to any part of our Platform, the server on which our Platform is stored, or any other server, computer, or database connected to our Platform. You agree and covenant that you will not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via our Platform, or attack our Platform by any means. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of our Platform.

  6. By using the Services, you agree to indemnify, hold harmless and defend TTRS and its subsidiaries, affiliates, shareholders, officers, directors, agents, licensors, suppliers, other partners, employees, and representatives from any claims, damages, losses, liabilities, and all costs and expenses of defence, including but not limited to, attorneys' fees, resulting directly or indirectly from a claim by a third party that arises in connection with your use of the Services, including but not limited to (a) acts and/or omissions on or off our Platform; (b) violation of any rights of another, including without limitation any alleged infringement of intellectual property or other right of any person or entity relating to our Platform; (c) breach of our Terms; (d) use and/or misuse of our Platform, including without limitation any information, Content and/or materials thereon; (e) violation of any applicable law or regulation; (f) inaccurate, untimely, incomplete or misleading user information, including without limitation with respect to registration, profile or eligibility; (g) misstatements and/or misrepresentations; (h) use of links to third party platforms, including without limitation such platforms' availability, Terms of Use, privacy policy, information, Content, materials, advertising, products and/or Services; (i) user information and any acts or omissions with respect to such user information; (j) use of any information in third-party reports; (k) use of third-party payment processing Services; (l) use of phone support Services; and/or (m) use of any Services or products or any contracts or arrangements made or provided based on information, Content and/or materials obtained on or through our Platform. You further agree that you will cooperate as requested by Us in the defence of such claims. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by users, and you shall not in any event, settle any claim or matter on our behalf without our written consent.

  7. You must not engage in activities that are detrimental to our Platform or its functionality. You shall not take actions to bypass our security measures or gain unauthorized access to our Content or any other user’s Content, reverse engineer or take apart our Services or platform. 

SECTION FOUR - MEMBERS AND LICENCES.

  1. For the purpose of our Platform, our Members are as follows:

    1. a School Member means a teacher, a college, a school or another educational organisation who or which has completed the form at: https://ttrsonline.com/registration/EducationLicence and has paid the required Fee to TTRS for the issue of Licences (Education Licences) for persons attending the applicable college, school or other educational organisation as described on our Website and who is an account holder with Us

    2. a Home Member means a person who has completed the form at https://www.ttrsonline.com/Registration/HomeLicence who has paid the required Fee to TTRS for the issue of Licences (Home Licences) for persons (Authorised  Users) ordinarily living at the same residence as described on our Website and who is an account holder with Us.

  2. In order to sign up to our Platform as a Member you must successfully  complete the relevant account creation form on our Website as applies to the applicable type of membership  and provide your personal details including your name, address, phone number and email. Subject to the rights of TTRS under these Terms, a person shall become a Member of the TTRS Site following compliance with these requirements.

  3. A Member shall have the rights as such for the period of his or her Licence in accordance with these Terms.

  4. As a member, you agree that it is your responsibility to ensure that all your Authorised Users comply with the provisions of section 3(a)

  5. Members agree that it and all persons it engages or employs shall:

    1. deal with TTRS in good faith and in an open and cooperative way;

    2. exercise the degree of care, skill, diligence and foresight which would reasonably and ordinarily be expected from a skilled and experienced contractor engaged in the same type of undertaking under the same or similar circumstances and to conduct his or her teaching with integrity;

    3. deal with his or her customers openly and in good faith.

    4. comply with all relevant laws, regulations and requirements of the jurisdiction in which the Course is being taught, including maintaining any relevant licences or permits;

    5. in the event, a Member fails to comply with any such laws, regulations and requirements, a Member must notify TTRS immediately in writing;

    6. maintain a clear and up-to-date Disclosure and Barring Service (or equivalent) check.  In the event the Member does not, he/she shall notify TTRS immediately in writing;

    7. observe any written specifications, regulations or systems in connection with the conduct of the Course as supplied by TTRS;

    8. supply to TTRS such information relating to the Course as reasonably required by TTRS within a reasonable period of time;

    9. effect public liability and other contingency insurance for itself and all persons it employs or engages in connection with the administration of the Course;

    10. maintain the intellectual property of TTRS at all times and not to cause or permit anything which would damage or endanger TTRS’s title to it or assist or suffer others to do so and to consult with TTRS in the event that any of such intellectual property is endangered for any reason; 

    11. Not assign the benefits of these Terms; and

    12. not harm the name, reputation and standing of TTRS.

  6. The Member is personally responsible for paying all tax and national insurance (or equivalent) costs in respect of any fees or other income he or she receives and TTRS accepts no responsibility or liability whatsoever with regard to the Member’s tax and national insurance (or equivalent) liabilities.  The Member is self-employed and nothing in these Terms or activities undertaken as anticipated by it shall create between TTRS and the Member, the relationship of employer and employee or create any agency, partnership or joint venture relationship of any kind.

  7. The Member will ensure that if the level of fees or other income generated through the operation of a centre exceeds the threshold for VAT, that registration will take place within the time periods specified within current VAT (or equivalent) legislation. Once registered for VAT, the Member will maintain books and records in a format that complies with current VAT legislation.  For these purposes the term “VAT” shall mean any value added tax or goods and services tax, or equivalent tax howsoever described and applicable in any jurisdiction.

  8. The Member shall seek prior approval of TTRS whenever it proposes to advertise TTRS and/or to use the TTRS logo or any text, images or other material contained on the TTRS Site at any time from TTRS in writing or by email exchange.

  9. The Member shall ensure that in all contracts with its contractors and employees it provides that all new intellectual property arising from the activities undertaken by either TTRS, or the Member or such contractor or employee as anticipated by these Terms will be, from the point of creation, the sole property of TTRS.  The Member shall not, and shall procure that all of its employees and contractors shall not use TTRS’s intellectual property other than as specifically permitted by these Terms.

  10. TTRS gives no warranty or undertaking as regards the commercial success of the Member or the uptake of the Course.  The Member shall ensure that TTRS shall have no direct contractual link or relationship with the customers of the Member (its Authorised Users) and, to the fullest extent permitted by law, TTRS shall have no direct obligations to the customers of the Member (its Users).

  11. To the maximum extent permitted by applicable law, the Member confirms and acknowledges that in connection with these Terms and the activities anticipated to be undertaken by it, it is not a consumer or an equivalent term for the purposes of any applicable consumer protection law and that all implied terms, conditions and warranties provided for by any applicable law are excluded.

SECTION FIVE - YOUR ACCOUNT, THE SECURITY OF YOUR ACCOUNT AND YOUR OBLIGATIONS.

  1. To use our Services, you need to have opened an account with us, either as a Member or an Authorised User authorised by a member. 

  2. We collect selected information when registering an account with us. The safety and protection of your information are managed in accordance with our Privacy Policy and Data Processing Addendum

  3. As a Member, the person who, on their own behalf or on behalf of an organization or other entity, logs in to our Platform with a username and password effectively becomes the administrator of such an account for the period of usage.

  4. If an Authorised User of a Member wishes to activate a Licence from TTRS and use the Services, its School Member, Tutor or Home Member, as applicable, must have first paid the required Fees to TTRS for the issue of the relevant form of Licence (Home Licence or School Licence as applicable) to such User by TTRS.  Authorised Users must accept these Terms of Use before access is granted by TTRS.

  5. All Users are obligated to provide accurate and complete information when registering an account on our Platform or when interacting with us through any means whatsoever. It is your responsibility to provide accurate information to us at all times. You must ensure that your account is updated and accurate at all times. 

  6. You are solely responsible for any and all activities which occur under your Account.

  7. The confidentiality of your account and its activities are your sole responsibility. Any suspicion of any unauthorised use of your account should be reported to us immediately by sending an email to support@readandspell.com . TTRS is not liable for any loss or damages from any unauthorised use of your account by another person. You agree to notify us immediately of any unauthorised use of your password or account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to protect your password or account.

  8. As a user, you hereby represent that you are not impersonating another person or being fraudulent. You undertake that you will not use anyone else’s account or solicit, collect or use the login credentials of other users.

  9. As a user you must refrain from carrying out criminal activities with your account , violate any law, breach a contract or a legal duty, offer illegal rewards, violate our Terms of Use and all our other policies. 

  10. You agree to not share your account (or account details) with anyone else, or sell, transfer, Licence or assign your account or any account rights to third parties. 

  11. Should your account be banned by us, you are not entitled to create a new account to access our Platform. To use our Services again, you need to get our express permission. This can be done by sending an email to support@readandspell.com

  12. We reserve the discretion and right to terminate, monitor, suspend, delete or ban the account of any User on our Platform. We have no obligation to give any reason or explanation for such action. We take these actions for the benefit of our Platform.

  13. Users can delete their account and thereby permanently terminate their access to our Services by contacting us at support@readandspell.com Please note that deleting your account does not delete all your Content. We may need to keep certain users’ Contents for business reasons and legal compliance purposes. Please read our Privacy Policy for more information. 

  14. If you request to delete your account when your Licence is still on-going, you will still be allowed access until the end of your Licence unless you confirm in written form that you would like to delete your Account regardless. Please note that in this case, you are not due a refund and we are unable to refund you the Licence fees paid. Deleting your account would however cancel all auto renewal. 

  15. Users agree that our Platform may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the Contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

  16. Users must not spam or distribute viruses or any software/program that affects the proper functioning of any equipment or the use of our Platform. Users must not engage in activities that are detrimental to our Platform or its functionality. Users shall not take actions to bypass our security measures or gain unauthorized access to our Content or any other User’s Content, reverse engineer or take apart any of our Services or platform. 

  17. You agree that your contents will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of our Service or any related website/platform. 

  18. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.

  19. You agree that we are not responsible for any loss or damages arising from the failure to comply with section 4(a) - 4(r) above. We may terminate, suspend or take any action against your account for violation of any Terms of Use. 

SECTION SIX - HOW THE LICENCE CONTRACT IS FORMED BETWEEN YOU AND US

  1. After creating an account with us, you can continue by either using our Free Plan or making an Order for a Licence. If you choose to make an Order for a Licence, You will be guided through this process on our Platform and you will be allowed to review your Order at checkout. It is your responsibility to ensure that you check the Order details so please check it carefully before you complete your Order. 

  2. We reserve the right to limit the sales of our Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Services that we offer. These restrictions may include Orders placed by or under the same customer account, the same credit card, and/or Orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an Order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the Order was made. We reserve the right to limit or prohibit Orders that, in our sole judgement, appear to be placed by dealers, resellers or distributors.

  3. If a Member wishes to obtain a Licence(s) for its Authorised Users it shall place an order for a Licence(s) through the TTRS Site and shall pay the relevant Fee for such Licence(s). Each Licence order a Member places through the TTRS Site shall be deemed to be an offer by the Member to purchase the applicable Licence(s) for its Authorised Users for the period specified in the Order on and subject to these Terms and any additional terms and conditions as notified to the Member by us.

  4. All Orders are subject to availability and acceptance by us. We reserve the right to reject any Order for any reason we deem fit. The Order rejection notice will be communicated to you

  5. Please note that no part of our Services, platform or Content is contractually capable of accepting your Order offer. Therefore our acceptance will be with a Licence Order Confirmation notice which will be sent to you by email. Please note that your Order will not be processed until payment for the Order has been received in full in the manner stipulated in section 8.

  6. Our Licence Order confirmation will include details of your Licence, the Licence fees, including VAT and other miscellaneous fees disclosed to you at the checkout point, the duration of your Licence, the level of access you have and other relevant information. 

  7. By purchasing a Licence, you are expressly requesting that you wish access to our Services to be made available to you immediately. Please be aware that We do not offer any Licences that do not begin immediately. By purchasing our Services, you waive any right to a cooling off period as contained in the Consumer Rights Directive and the The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations.

  8. Except as specifically provided in these Terms and subject to the terms of section 9 from time to time, to the fullest extent permitted by applicable law, the Fees, once paid, are not refundable.

  9. Where you are a current paid up member of the TTRS Site with an unexpired Licence operational at the time of the adoption of these Terms (or at the time of any subsequent amendment to these Terms from time to time), unless or to the extent you and TTRS agree otherwise in writing, your then current Licence plan will not be affected by the adoption of these Terms until the expiry of the then current paid up term of such Licence.  At the time of your renewal you will be offered the opportunity to purchase a Licence under these Terms and using the Licence plans available under these Terms at such time. If the Licence arrangements you have previously been subscribed under are not then available under these Terms, you will not be able to renew under those arrangements.

SECTION SEVEN - RECURRING PAYMENT AND AUTO-RENEWAL 

By purchasing a Licence, you agree as follows:

  1. that your Licence has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation of your auto renewal Licence;

  2. you agree to pay recurring periodic Licence fee for an indefinite time until cancelled by you, on the Licence selected and set out in your Licence Order Confirmation.

  3. that we may submit periodic charges without further authorisation from you, until you provide prior notice that you have terminated this auto renewal authorisation;

  4. that you will ensure that the payment method is a valid one and you will change any outdated payment method before payments are due;

  5. For Users on annual licences, we will give you a seven days notice before the auto-renewal of your Licence is due.

  6. Auto-renewing of Licences can be cancelled at any time by sending an email to support@readandspell.com . Subject to sub-section 9(a) cancelling an auto-renewal Licence setup prevents your Licence from being auto-renewed. Cancelling an auto renewal does not entitle you to a refund. You will continue to have access to our Services for the duration of the remainder of the Licence period you are in when you cancel the auto-renew. 

SECTION EIGHT - PAYMENT PROVISIONS.

  1. We offer a range of Licences for each Member. The details of each plan can be found at https://www.readandspell.com/home-course#fees and https://www.readandspell.com/us/education-license#fees

  2. Payment shall be made by You using the mediums and payment channels stipulated on our Platform. Our payment medium may include credit and debit cards with Visa, Visa Debit, Mastercard and American Express. We may also accept payment options which include but are not limited to Paypal, Stripe Google Pay, Amazon Pay, Apple Pay. Please note that unless a payment channel is available on our Platform, they are not acceptable to us. Please note that the use of any payment medium might attract extra charges from the payment provider, this will be communicated to you before the payment medium is used. You will pay for such additional charges. Data registered and saved by us act as proof of Order and of all transactions done. Please see our Privacy Policy for further information.

  3. Payment shall not be deemed to have been made until we have received cleared funds in respect of the full amount of your Order.

  4. We reserve the right to modify the Licence Fees at all times but the Licence Fees invoiced to you are those applicable on the date of the Order. Where you are a current paid up member of the TTRS Site with an unexpired Licence operational at the time of the display of a new Licence Fee, your then current Licence plan will not be affected by the adoption of the new Licence Fees until the expiry of the then current paid up term of such Licence.  At the time of the expiration of your Licence you will be offered the opportunity to purchase the Licence under the new Licence Fee. If you have an auto-renewal set up, you will be given a fourteen days notice of the new Licence Fees as they apply to your renewal, if you do not object to the new Licence Fees within the seven days, we shall charge your payment details with the sum amounting to the new fees applicable to your Licence to your auto renewal. 

  5. It is always possible that, despite our best efforts, some of the Licences listed on our site may be incorrectly priced. We will normally verify Licence Fees prior to acceptance so that, where a Licence's correct Licence Fee is less than our stated Licence Fee, we will charge the lower amount. You agree that if a Product's correct Licence Fee is higher than the Licence Fee stated on our Platform, we will normally, at our discretion, either contact you for instructions or reject your Order and notify you of such rejection.

  6. You hereby also agree that We are under no obligation to provide the product to you at the incorrect (lower) Licence Fee, even after we have sent you a Licence confirmation if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a miss-pricing.

  7. You hereby agree that any cost associated or incurred as a result of integrating any third party application or Content to TTRS is not covered by the Licence Fee payment. You agree that you are responsible for any cost related and connected to the use of such third party application(s). The availability of channels to integrate these third party Contents on TTRS does not mean we agree to the cost of using such third party applications or Contents. 

  8. If you become aware of fraudulent use of your payment card or information on our Platform, or if it is lost or stolen, you must notify your card provider in accordance with the applicable reporting rules.

  9. From time to time, we may offer “discount codes”, “promotional codes”, “promo codes”, or “offer codes” through a variety of promotional activities and communications (collectively referred to herein as “offer codes”) that are redeemable towards a purchase on our Platform, subject to certain exclusions or any other restrictions as may be determined and communicated by us.

  10. Only valid offer codes provided or promoted by Us will be honoured at checkout. Codes supplied or promoted by third-parties unauthorised by us (including any unauthorised third party platforms) will not be considered valid. 

  11. Each offer code provided by us is non-transferable and valid for single use on an item (or items) of merchandise as determined by us. Offer codes may not be combined and customers are limited to the use of a single offer code per Order. For online purchases, the code must be entered in the ‘offer code’ field prior to checkout. 

  12. We are not responsible for lost, stolen or corrupted codes or any unauthorised use of codes. 

  13. Offer codes cannot be redeemed for cash or any cash equivalent; no substitutions or credits allowed. The value of any offer code will not be refunded or credited back if any part of our Service is unavailable. Expiry dates may apply to each offer code. Offer codes are void if copied, transferred, sold, exchanged or expired, and where prohibited. Requests not complying with all offer code requirements will not be honoured. 

  14. From time to time, we may also engage spokespeople, influencers, bloggers, or other individuals or entities who have been compensated or incentivised to speak on behalf of the brand. When you receive an offer code via a third-party source, such as a television or radio show host, please note that such individuals may have been compensated by us for their statements.

 

SECTION NINE - REFUND POLICY.

  1. By purchasing a Licence, you are expressly requesting that you wish access to our Services to be made available to you immediately. Please be aware that We do not offer any Licences that do not begin immediately. By purchasing our Services, you waive any right to a cooling off period as contained in the Consumer Ritghts Directive and the The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations.

  2. We offer limited cancellation in certain scenarios and they are as follows:

    1. if you notify us that you wish to cancel the Licence within 30 days of the date of issue of the Licence by us in accordance with the Terms as long as you cease to use any part of the Services related to the Licence from the moment the notice to cancel is sent;

    2. if we inform you of an amendment to our Services, Privacy Policy, Cookies Policy, Data Processing Addendum or Terms of Use that you do not agree to;

    3. if we inform you of the error to our Licence Fees and you do not wish to keep our use;

    4. if we are unable to perform our Services for a continuous period of 45 days  due to inevitable circumstances and events out of our reach or control;

  3. To cancel your Licence, please email us at [insert email address] or you can also cancel through the billing section in your Account. To improve our Services, we will request that you tell us why you are cancelling. While you have no obligation to answer this, we would appreciate it if you can answer the question as it is key to the development and growth of our Services.

  4. We have the right to cancel your Licence. However, we will inform you as to why we did this. If you breach our Terms of Use, then we may not inform you. Cancelling your Licence for the breach of our Terms of Use does not entitle you to a refund. 

  5. If we cancel your Licence and you are entitled to a refund of the balance of your Licence. This refund balance will be prorated based on the Licence Fee of your Licence, the days already used and the days left on your Licence. 

SECTION TEN - INTELLECTUAL PROPERTY MATTERS.

  1. TTRS’s Intellectual Property – Our Content, Services, trademark and everything on our Platform are protected through various intellectual property laws including but not limited to copyright, trademark and all other available protections under the Laws of England and Wales.

  2. By using our Platform, you covenant that you will respect our intellectual property and not adapt it or create derivative works off our Contents. We only grant you a limited, temporary, non-exclusive, non-transferable right to use and access our Content. You cannot and should not reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt or copy any of the Content on our Platform unless you get written permission from us.

  3. By using this platform and our Services, you acknowledge and agree that TTRS, and its suppliers, own all right, title and interest in and to the Services, our Platform, its Contents and any and all copyrights, trademarks, patents, trade secrets and any other intellectual property and proprietary rights therein. The TTRS marks and logo, and all related product and service names, design marks and slogans are the trademarks, service marks or registered trademarks of TTRS and may not be used or modified in any manner without the prior written consent of TTRS. Copyrights, trademark rights, database rights, design rights and any and all other intellectual property and other rights relating to our Platform,  Services, existing now or in the future including but not limited to all TTRS Content and any other computer programs, source and object code, documentation, software graphics, text, images, designs, animations, databases, logos, domain names, trade names and trade identities are the property of TTRS, its subsidiaries, affiliates and/or licensors. Unless expressly granted in writing by TTRS, no rights in or to the Content except those expressly set forth within this Terms of Use are granted to you. All TTRS’s software applications and Content are Licensed, not sold, to you, and TTRS and its licensors retain ownership of all copies of the Content even after installed on your personal computer, mobile handsets, tablets, and/or other relevant devices.

  4. You shall not take actions to bypass our security measures or gain unauthorised access to our Content, reverse engineer or take apart our Services or platform.

  5. We have the right and discretion to limit or revoke this limited Licence to use. 

  6. Users’ Intellectual Property - You agree that you will be totally responsible for all the user Content you create using our Services. You warrant that you have the right to create the user consent and that you have the right to all materials Used for the creation. You also warrant that it is in line with our Permitted Use of our Services as stated in section 3. All User Content and the intellectual property rights subsisting therein, unless specifically labelled otherwise, belongs to or has been Licenced by the IJser. All User Content is protected by applicable United Kingdom and international intellectual property laws and treaties. Users may not copy, distribute, publicly perform, publicly display, reproduce or create derivative works based upon another user’s Content without first obtaining the express consent of the user to whom the user Content in question belongs.

  7. You agree that you will be liable to us to the extent permissible by law for the breach of the warranties in this section 10(g). You will be responsible for any damages to us or any third Party for the breach of the warranties in section 10(g)

  8. You grant a non-exclusive, global, no borders, perpetual, irrevocable, royalty-free, sub-licensable, and transferable right to use of user’s Consent to us who can exercise, commercialize, and exploit the copyright, publicity, trademark, and database rights with respect to your Content. Also, in conjunction with the exercise of such rights, you grant us the right to identify you as the author of any of your content

  9. You hereby also grant us the right to edit, amend, make changes, translate, format or even delete any Users’ Content as it deems necessary and appropriate. 

  10. You covenant, represent and warrant that they have the right and licence to confer the rights in 10(h) and 10(i) on us. You also warrant that they have not infringed on any third party’s (intellectual, privacy, human, proprietary, confidentiality or any other rights) rights. 

  11. As a user, you further warrant that We are not required to obtain any licence, consent, make any payment or obtain any permission from any third party to use any of your Content on our website. You agree that We do not have any liability for the use of any of your Content. 

SECTION ELEVEN - MISCELLANEOUS PROVISIONS.

  1. Third Party Content - We may provide links to other Content such as websites, Services and apps. Unless expressly stated, this Content is not under Our control. We neither assume or accept responsibility or liability for such third party Content. The provision of a link by us is for reference only and does not imply any endorsement of the linked Content or of those in control of it. Please make sure you read the Terms and Conditions as well as other relevant Policies of these third parties. 

  2. Unsolicited Idea – You agree that all unsolicited comments and advice are non-confidential and non -proprietary. An irrevocable, worldwide, transferable and royalty-free Licence to use, exploit, distribute and display the unsolicited advice or communication is hereby granted to us

  3. Severability - We recognise the uncertainty of the law with respect to certain provisions of this Terms of Use and expressly stipulate that these Terms of Use will be construed in a manner that renders its provisions valid and enforceable to the maximum extent possible under applicable law. To the extent that any provisions of these Terms of Use are determined by a court of competent jurisdiction to be invalid or unenforceable, such provisions will be deleted from these Terms of Use or modified so as to make them enforceable, and the validity and enforceability of the remainder of such provisions and of this Terms of Use will be unaffected.

  4. Amendment

    1. We may update these Terms of Use from time to time by publishing a new version on our Platform. The right to amend is at our sole discretion. You should check this page occasionally to ensure you understand any changes to these Terms of Use. We will notify you of changes to this Policy by email or through email or any other choice of communications as set by you.

    2. Despite the provisions in section 11(d)(i), you will be subject to the policies and terms and conditions in force at the time that you order products from us or use our Platform for the relevant service, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Licence confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions unless you notify us to the contrary within five working days of receipt by you of the products).

  5. Notices

    1. Unless otherwise stated in these Terms of Use or any other relevant part of our Platform, all notices and other communications shall be in writing and delivered by electronic mail. If to TTRS, the email address is support@readandspell.com , unless another email address is provided on the relevant page on our Platform or this Terms of use agreement. If to any User, the email address will be the email address provided when registering for an account or making Orders. Notice will be deemed received and properly served immediately when posted on our Platform or 24 hours after an email is sent. In proving the service of any notice, it will be sufficient to prove that such email was sent to the specified email address of the addressee.

    2. When using our Platform, you accept that communication with us will be through electronic mediums. We will contact you by email or provide you with information by posting notices on our Platform. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that We provide to you electronically comply with any legal requirement that such communications be in writing. 

    3. For information on opting out of our marketing email, please see our Privacy Policy

    4. This provision in this section 11(e) does not affect your statutory rights.

  6. Waiver - No single or partial exercise of a right or remedy provided by these Terms of Use or by law prevents the further exercise of the right or remedy or the exercise of another right or remedy. A waiver of a breach of these Terms of Use does not constitute a waiver of a subsequent or prior breach of these Terms of Use. No waiver by us of any of these Terms of Use  shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with section 11 (e) above.

  7. Entire Agreement - These Terms of Use set out the entire agreement between the parties and supersedes and extinguishes any previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter. Each Party agrees that it has no claim or remedy in respect of any statement, representation, assurance or warranty that is not set out in this Agreement. Neither of the Parties shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other Party’s only remedy shall be for breach of contract as provided in these terms and conditions.

  8. Relationship Of The Parties - This Terms of Use is intended and shall be construed as creating an Agreement for the purposes specified in this Terms of Use. Nothing in this Terms of Use or otherwise is intended or shall be construed as creating a partnership other than as specifically set out in this Terms of Use or any legal entity between the users and TTRS or any ongoing or continuing relationship or commitment between the users of TTRS, other than as specifically set out in this Terms of Use.

  9. Post-Sale Provisions - Questions, complaints, comments or requests regarding these terms and conditions should be addressed to support@readandspell.com . Questions, complaints, comments or requests on our Products and Services should be addressed to support@readandspell.com .

  10. Governing Law - These Terms of Use, the jurisdiction clause contained in it and any non-contractual obligations arising out of or in connection with it or its subject matter or formation are governed by, construed and take effect in accordance with the law of England and Wales. 

  11. Dispute Resolution - Notwithstanding the provisions of section 11 (l), for any and all grievances, disputes, claims, or controversies you may have against TTRS (“Disputes”), before pursuing any dispute resolution avenue, you must first give us an opportunity to resolve the Dispute informally by sending an email to support@readandspell.com with the subject “Pre-Action Dispute Notice”. The email should contain your name, your email address as registered on your Account (if you have no account, please state that), a detailed description of your grievance and claims, and a description of the specific relief you seek and how we can resolve this grievance. If we do not resolve the Dispute within forty-five (45) days after receiving your Pre-Action Dispute Notice, then you may pursue resolution of the Dispute in accordance with section 11(n).

  12. Subject to 11(k), the parties agree that any dispute arising out of or in connection with this Terms of Use or the performance, validity or enforceability of it will be finally resolved by the courts of England and Wales, who have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this agreement or its subject matter or formation.

  13. Class Action Waiver – The Parties agree that any proceedings to resolve or litigate any dispute will be conducted solely on an individual basis. Neither Party will seek to have any dispute heard as a class action, a representative action, a collective action, or in any proceeding in which either Party acts or proposes to act in a representative capacity. The Parties further agree that no proceeding will be joined, consolidated, or combined with another proceeding without the prior written consent of the Parties, and all other parties to any such proceeding.

  14. Confidentiality - Neither party will use any Confidential Information of the disclosing party except as expressly permitted in this Agreement or as expressly authorized in writing by the disclosing party. Each party will use the same degree of care to protect the disclosing party’s Confidential Information as it uses to protect its own Confidential Information of like nature, and in any event, no less than commercially reasonable efforts. Except as required by law, neither party is allowed to disclose the other party’s Confidential Information to any person or entity other than the receiving party’s officers, employees, consultants and legal advisors who need access to such Confidential Information to effect the intent of the Agreement, and a party shall be strictly liable for the unauthorized disclosure of the disclosing party’s Confidential Information. Each party agrees to notify the other of any known unauthorized use or disclosure of Confidential Information and to provide reasonable assistance to such other party, and its licensors, in the investigation and prosecution of such unauthorized use or disclosure. This paragraph shall survive the termination of this Terms of Use. For the avoidance of doubt, Personal Information shall be treated in accordance with Applicable Laws and shall not be considered “confidential information” belonging to a party.

  15. Third Party Provisions - We may transfer (assign) Our obligations and rights under these Terms and Conditions (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs, you will be informed by us in writing. Your rights under these Terms and Conditions will not be affected and Our obligations under these Terms and Conditions will be transferred to the third party who will remain bound by them. As a user you may not assign or transfer these Terms in whole or in part to any third party. These Terms shall bind to the benefit of the parties to these Terms and their respective successors, permitted transferees, and permitted assigns.

  16. The terms in these Terms of Use survive the usage of our Platform. Even after termination or deletion of your account on our Platform or the discontinuing of your use of our Services for whatsoever reason, either by your choice or our choice, the relevant terms in this Terms of Use continue to apply post-use and termination. 

 

SECTION TWELVE - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY AND INDEMNITY

  1. WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF our ServiceS WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.

  2. IF WE DO NOT DELIVER YOUR ORDER OR IF THE PRODUCTS, WE DELIVER ARE NOT WHAT YOU ORDERED ARE DAMAGED OR DEFECTIVE, OUR ONLY OBLIGATION WILL BE, AT OUR OPTION TO:

    1. REPLACE OR REPAIR ANY PRODUCTS THAT ARE DAMAGED OR DEFECTIVE, OR

    2. REFUND TO YOU THE AMOUNT PAID BY YOU FOR THE PRODUCTS IN QUESTION.

  3. YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE THE SERVICE(S) FOR INDEFINITE PERIODS OF TIME OR CANCEL THE SERVICE(S) AT ANY TIME, WITHOUT NOTICE TO YOU.

  4. WE SHALL HAVE NO LIABILITY TO YOU FOR ANY CONSEQUENTIAL, SPECIAL OR INDIRECT LOSSES INCLUDING WITHOUT LIMIT LOSS OF REVENUES, PROFITS, CONTRACTS, BUSINESS OR ANTICIPATED SAVINGS DAMAGE TO OR LOSS OF GOODWILL, REPUTATION OR DATA.

  5. WE DO NOT WARRANT THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU WILL MEET YOUR EXPECTATIONS, OR THAT ANY ERRORS IN THE SERVICE WILL BE CORRECTED.

  6. YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICE(S) IS AT YOUR SOLE RISK. THE SERVICE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SERVICE ARE (EXCEPT AS EXPRESSLY STATED BY US) PROVIDED 'AS IS' AND 'AS AVAILABLE' FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.

  7. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL TOUCH-TYPE READ AND SPELL LIMITED OR ANY OF ITS UNDERLYING SERVICE PROVIDERS, BUSINESS PARTNERS, INFORMATION PROVIDERS, ACCOUNT PROVIDERS, LICENSORS, OFFICERS, DIRECTORS, EMPLOYEES, DISTRIBUTORS OR AGENTS (COLLECTIVELY REFERRED TO FOR PURPOSES OF THIS SECTION AS “TOUCH-TYPE READ AND SPELL LIMITED”) BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY MONETARY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, COVER, RELIANCE OR CONSEQUENTIAL DAMAGES, EVEN IF TOUCH-TYPE READ AND SPELL LIMITED SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. IN THE EVENT THAT, NOTWITHSTANDING THE FOREGOING, TOUCH-TYPE READ AND SPELL LIMITED IS FOUND LIABLE TO ANY USER OF THE PRODUCTS FOR DAMAGES from ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE), OUR MAXIMUM AGGREGATE LIABILITY TO YOU ARISING IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS IN THE TWELVE (12) MONTHS PRIOR TO THE ACCRUAL OF THE APPLICABLE CLAIM, LESS ANY DAMAGES PREVIOUSLY PAID TO YOU IN THAT TWELVE (12) MONTH PERIOD.

  8. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY IN THOSE JURISDICTIONS. REGARDLESS OF THE PREVIOUS SENTENCE, IF TOUCH-TYPE READ AND SPELL LIMITED IS FOUND TO BE LIABLE, OUR LIABILITY TO YOU OR TO ANY THIRD PARTY IS LIMITED TO THE GREATER OF (A) THE TOTAL SERVICE FEES YOU PAID TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY, AND (B) $120.

  9. NOTHING IN THIS TERMS OF USE SHALL EXCLUDE OR LIMIT OUR LIABILITY FOR DEATH OR PERSONAL INJURY DUE TO OUR NEGLIGENCE OR ANY LIABILITY WHICH IS DUE TO OUR FRAUD OR ANY OTHER LIABILITY WHICH WE ARE NOT PERMITTED TO EXCLUDE OR LIMIT AS A MATTER OF LAW.

  10. NOTHING IN THIS TERMS OF USE SHALL EXCLUDE OR LIMIT THE STATUTORY AND ACCRUED RIGHTS OF EITHER YOU OR TTRS.

  11. INDEMNITY - USERS AGREE TO INDEMNIFY AND HOLD HARMLESS TTRS, DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS, AND AFFILIATES AGAINST ALL LOSSES, COSTS, LIABILITY, DAMAGES AND/OR COSTS (INCLUDING, BUT NOT LIMITED TO, LEGAL FEES) ARISING FROM, WITHOUT LIMITATION, YOUR BREACH OF THESE TERMS AND CONDITIONS, YOUR INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHT OR ANY OTHER RIGHT OF ANY PERSON OR ENTITY, OR YOUR BREACH OF ANY DUTY OF CONFIDENCE OR PRIVACY, OR ANY DEFAMATORY STATEMENTS MADE BY YOU IN ANY FORM.

  12. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS TTRS AND OUR PARENT, SUBSIDIARIES, AFFILIATES, PARTNERS, OFFICERS, DIRECTORS, AGENTS, CONTRACTORS, LICENSORS, SERVICE PROVIDERS, SUBCONTRACTORS, SUPPLIERS, INTERNS AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD-PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THESE TERMS OF USE OR THE DOCUMENTS THEY INCORPORATE BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD-PARTY.

SECTION THIRTEEN - TERMINATION

  1. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

  2. You may terminate these Terms of Use at any time by notifying us that you no longer wish to use our Services, or when you cease using our Platform.

  3. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Use, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

  4. The terms in these Terms of Use survive the usage of our Platform. Even after termination or deletion of your account on our Platform or the discontinuing of your use of our Services for whatsoever reason, either by your choice or our choice, the relevant terms in this Terms of Use continue to apply post-use and termination. 

SECTION FOURTEEN - CONTACTING US.

Please do not hesitate to contact us if you have any questions regarding TTRS’s policies. You can contact us at support@readandspell.com or at our address, TTRS Administration, Chislehurst Business Centre, 1 Bromley Lane, Chislehurst, Kent  BR7 6LH.