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Flo-Joe Terms and conditions Welcome to our Terms and Conditions. If you continue to use this website, you are agreeing to comply with and be bound by the following terms and conditions, which together with our privacy policy govern our relationship with you in relation to our services. If you disagree with any part of these terms and conditions, please do not use our services. Please see our Privacy information page (https//www.flo-joe.co.uk/privacy.htm) for further information. 'Flo-Joe' is a division of 'Splendid Learning'. The term "Splendid Learning', Flo-Joe' or 'us' or 'we' or 'our' used in these terms and conditions refers to the owner of websites run by Splendid Learning. The term 'you' 'customer' 'your' refers to the user or viewer of our website. The term 'service', or 'services' or 'website' or 'websites' refers to free services and services that require payment on any websites managed by Splendid Learning. We reserve the right to update and change the Terms and Conditions from time to time without notice. Any new features that add to or enhance the current service, including the release of new resources, shall be subject to these Terms and Conditions. Continued use of the service after any such changes shall constitute your consent to such changes. You understand and agree that we cannot be responsible for the content posted on the Service and you agree to use the Service at your own risk. Registration and Account Terms Websites managed by Splendid Learning include materials for which we charge a subscription fee. These materials include but are not limited to Exam Success Plus, CAE Speaking Success, IELTS Speaking Advanced, Splendid Speaking Self-Study Course, Get Speaking, Writing Critique and Correction. The terms 'subscription courses' or 'course' or 'courses' or 'subscription' or 'subscriptions' used in these terms and conditions refer to these materials. You must be 16 or over to subscribe to one or more of our courses otherwise a parent or guardian must purchase the course on your behalf. You must provide us with accurate and complete registration information. To register, you will be asked to create your own username and password ('ID details'). Your ID details will be authorised by us, usually within 24 hours. Once you have received authorisation from us by email or automatically after successful payment, you will be able to access your course for the full duration of your subscription. You are responsible for maintaining the security of your account and password. We cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. You must not pass on your ID details to anyone else, otherwise your account will be cancelled immediately and no refund (full or partial) will be given. If you believe that someone else has used your ID details to access our courses without your authorisation, you must notify us immediately by emailing us using our contact details as listed on our websites. Each subscription is solely for use by you, or the child upon whose behalf registration has been made. We reserve the right to monitor usage of our courses through a user's ID details. If unauthorised users are accessing a course using your ID details then, without prejudice to its other rights and courses of action, We reserve the right to charge you an amount equal to the charges which would have been payable had each unauthorised user subscribed for the courses themselves. In the unlikely event that we are forced to discontinue any of our courses then you will be given reasonable notice (7-14 days) and you will be given a refund of that part of any fee which relates to the unexpired period of the relevant courses. Every effort is made to keep our services up and running smoothly. However, we take no responsibility for, and will not be liable for, our services being temporarily unavailable due to technical issues beyond our control. You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). Splendid Learning, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the subscription, or any other Splendid Learning subscription, for any reason at any time. Such termination of the subscription will result in the deactivation or deletion of your account or your access to your account, and the forfeiture and relinquishment of all content in your account. We reserve the right to refuse service to anyone for any reason at any time. In order to ensure our services run efficiently, we reserve the right to delete any accounts that have an expired or were created but were not followed by a successful payment. Payment and Refunds A valid credit/debit card or PayPal account is required to subscribe to one of our courses. Courses are billed in advance. The customer agrees that once an order has been placed and paid for, a full or partial refund will only be made within 14 days from the date of purchase. Within this 14-day period a full refund will be made if the customer has not made use of the course. With regards to our Writing Critique and Correction service, if a refund is requested during the 14 day period and before any work has been submitted, a full refund will be made. If work has been submitted by the customer during this 14 day period and feedback has been given by us, a partial refund will be made. The partial refund will be calculated by subtracting the fee for the number of corrections that have been supplied to the customer by us. Any requests for refunds must be sent to us within 14 days of purchasing a subscription to Writing Critique and Correction and will be dealt with on an individual basis. If for any reason you are not satisfied with our service please contact us using our email address as listed on our website or at the address below. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties. 'Get Speaking Task Sheets' and IELTS Speaking Task Sheets are PDF downloads sold through 'Gumroad'. Please check their website for their latest refund policy. Writing Critique and Correction We provide a service called 'Writing Critique and Correction' for which we charge a fee. Customers who sign up for Writing Critique and Correction accept and agree to the following: we will provide completely original, independent assessment by fully qualified teachers in the area of expertise specified. The customer takes responsibility for checking the Cambridge English rules and regulations for FCE, CAE or CPE in addition to using Writing Critique and Correction. The customer agrees that any decision to rely on the comments provided by our teachers is entirely their own responsibility and that all feedback given in Writing Critique and Correction is provided as tuition and not as official advice. The customer agrees to the 14-day Refund policy as outlined in 'Payment and Refunds' above. The customer understands that we can refuse to mark work sent to us which is illegible. The customer agrees to adhere to the word limit for their particular exam and accepts that we can refuse to mark any piece of work that exceeds this word limit. The customer understands that unless otherwise agreed beforehand, we will only accept work based on Writing tasks from Exam Success Plus. The customer understands that should their subscription to Exam Success Plus expire before they have submitted all their paid for pieces of writing we will not be liable to extend their subscription to Exam Success Plus. In the event that the customer's subscription to Exam Success Plus expires before all paid for writings have been marked the customer agrees to use the freely available writing tasks published each week on the Flo-Joe website. We reserve the right to refuse to serve any customer, or to refuse to accept any order for any reason whatsoever. The fee paid for the writing service does not include email support and we will not be bound to enter into correspondence with the customer other than the initial retrieval and return of the assignment. The customer agrees that the feedback will be delivered to them via email within 48 hours of it being received by us. If the deadline falls on a non-working day including but not limited to Sundays, Christmas Eve, Christmas Day, Boxing Day, New Year's and New Year's Day, the work will be delivered the next working day. It is the discretion of our teachers to deliver an order on a non-working day. The customer agrees to submit the writing by email and understands that we will not accept the work as an attachment to an email. The customer agrees to send the writing in the body of the email. The customer understands that the work will be returned to them in pdf format and that it is the customer's responsibility to have the necessary software to read the document. Whilst every effort is made to deliver work on time, it is agreed that Splendid Learning cannot be held responsible for any loss or damage as a result of a delay in delivery, for whatever reason. The customer agrees that they do not hold the copyright of the corrections supplied to them by us. In all cases, the customer agrees that the work marked for them by our teachers will never be resold, distributed, or posted on any website as they do not obtain the copyright to it. The customer accepts that there is a one year time limit for submissions to Writing Critique and Correction and that we reserve the right to refuse to mark work submitted more than one year after payment is received for Writing Critique and Correction. Modifications to the Service and Prices Splendid Learning reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. Prices of all courses are subject to change. We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the service. General Conditions Your use of the service is at your sole risk. The service is provided on an 'as is' and 'as available' basis. Technical support is only provided to paying account holders and is only available via email (we try to respond within 24 hours). You must not modify, adapt or hack the service or modify another website so as to falsely imply that it is associated with the service, Flo-Joe, or any other Splendid Learning service. With regards to copyright, you agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the service, use of the service, or access to the service without the express written permission by Splendid Learning. The material contained on this site is Copyright Flo-Joe. All rights reserved. Unless otherwise expressly stated, copyright or similar rights in all material presented through the Service offered by us is owned by Splendid Learning. You are entitled to print or download extracts from Flo-Joe website for your personal use only and you are not permitted to use such material in any commercial way. Copies of the Service which you have saved to disk or to any other storage system or medium may be used for subsequent viewing purposes or to print extracts for sole use by you only and must not be made available to another person. You may not (whether directly or indirectly including through the use of any program) create a database in an electronic or other form by downloading and storing all or any part of the pages from the service. No part of the service may be reproduced or transmitted to or stored in any other website, nor may any of its pages or part thereof be disseminated in any electronic or non electronic form, nor included in any public or private electronic retrieval system or service. We may, but have no obligation to, remove content and accounts containing content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms and Conditions. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Flo-Joe customer, employee, member, or officer will result in immediate account termination. You understand that the technical processing and transmission of the service, including your course, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You must not upload, post, host, or transmit unsolicited email, SMS, or “spam†messages to our service. You must not transmit any worms or viruses or any code of a destructive nature to the service. SPlendid Learning does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the service will be corrected. You expressly understand and agree that we shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Splendid Learning has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service. Users of our services expressly agree that their use is entirely at the user’s own risk. We do not warrant as to the results or information that may be obtained from use of the site or to the accuracy, reliability or content of any of the information provided. It is the visitor’s responsibility to evaluate the accuracy and completeness of all information, opinions and other material contained on the site or any site with which it is linked. Whilst precautions are taken to detect computer viruses and ensure security, Flo-Joe cannot guarantee that our services are virus-free and secure. We shall not be liable for any loss or damage which may occur as a result of any virus or breach of security. We give no warranties of any kind concerning our services. In particular, we do not warrant that our services are virus free. You must take your own precautions in this respect as we accept no responsibility for any infection by virus or other contamination or by anything which has destructive properties. Whilst making every attempt to secure personal data, we cannot accept responsibility for any unauthorised access or loss of personal information that is beyond the control of Splendid Learning. The failure of Splendid Learning to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. The Terms and Conditions constitutes the entire agreement between you and Splendid Learning and govern your use of the Service, superseding any prior agreements between you and Splendid Learning (including, but not limited to, any prior versions of the Terms of Service). Questions about the Terms and Conditions should be sent to: Flo-Joe at Splendid Learning 17 Francis Road Birmingham B27 6LT UNITED KINGDOM Tel: +44 121 624 3501
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