TERMS AND CONDITIONS OF USE

1. Introduction

1.1. These are the terms and conditions governing the use of https://talk2memore.com (the “Website”) and Mobile Software Application (“App”) (together, the “Service”) and the agreement that operates between us and you (the “Terms”). The Service is owned and operated by Talk To Me More Limited (“Talk2MeMore”) (“us”/”our”/”we”) and these Terms set out the rights and obligations of all users (“you”/”your”) in relation to your use of the Service. Please read carefully these Terms and our Privacy and Cookies Statement. By using the Service you are consenting to be bound by the then current Terms and our Privacy and Cookies Statement. We may revise the Terms and information contained on the Service at any time without notice. Your use of the Service after the effective date of the Updated Terms constitutes your agreement to the Updated Terms. Therefore, you should review these Terms of Use and any Updated Terms before using the Service. If you do not agree to these Terms or the Privacy and Cookies Statement, please refrain from using the Service.  

2. Information about us

2.1. The Talk2MeMore Service teaches parents how to adapt their language to the developmental stage of their child, helping them say their first words faster. The subscription based App instructs parents on how to moderate their language around their child, and creates content for parents to ensure that their child receives the recommended daily exposure to words.

2.2. Talk To Me More Limited is an Irish registered company with our registered office at 21 Liffey Drive, Newbridge, Co. Kildare. If you have any questions about these Terms or the Privacy and Cookies Statement, please contact us at this address or at info@talk2memore.com. 

3. Ownership of the service 

3.1. The information, any content and any infrastructure used to provide the Service is property of Talk2MeMore. Subject to our Terms, Talk2MeMore grants you a limited, personal, non-transferable, non-exclusive, revocable licence to use our Service and to download, install, and use one copy of the App in object code form only and on a wireless device that you own or control.

4. Access to the Service 

4.1. Access to our Service is permitted on a temporary basis, and we reserve the right to terminate the agreement or suspend or amend the services we provide at any time without notice. We do not guarantee that our Service, or any content on it, will always be available or be uninterrupted. We will not be liable if for any reason the Service is unavailable at any time or for any period. If access is unavailable or if we suspend your access to the Talk2MeMore Service, you agree that we shall have no liability or responsibility to you and Talk2MeMore will not refund any amounts that you have already paid under a subscription, to the fullest extent permitted by law. 

4.2. Your use of the Service may require a computer or device with internet or cellular access. We are not responsible for costs associated with such access. 

4.3. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of the Terms.

5. Intellectual property rights

5.1. We are the owner or the licensee of all intellectual property rights in the Service (except where specifically identified as third party content), and in the material published on it.  Those works are protected by applicable intellectual property and other laws around the world.  All such rights are reserved. 

5.2. By accepting this agreement you agree not to reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit our content for commercial purposes or otherwise, without obtaining a licence to do so from us or our licensors. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. Any violation of these restrictions may result in a copyright, trademark, or other intellectual property right infringement that may subject you to civil and/or criminal penalties. 

5.3. You retain all rights and ownership of your content. We do not claim any rights or ownership of the content which you upload to our Service. In respect of all material that you submit to or post on the Service, you grant to Talk2MeMore a worldwide, irrevocable, non-exclusive, royalty free licence to use, reproduce, adapt, publish, translate and distribute such materials in any media, together with the right to sub-license such rights solely for the purposes provided on the Service. You may end this licence by deleting your content or cancelling your subscription. 

5.4. You may print off one copy, and may download extracts, of any page(s) from our Service for your personal reference. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

5.5. Our status (and that of any identified contributors) as the authors of material on the Service must always be acknowledged.

5.6. If you print off, copy or download any part of the Service in breach of these terms of use, your right to use the Service will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

6. App store

6.1. The purchase of software Apps through an application store (“App Store”) is governed by the terms of that particular store and Talk2MeMore are not liable for any issues, damage or loss arising from the use of that store. You acknowledge and agree that these Terms and Conditions are solely between you and Talk2MeMore and not the App Store and that App Store has no responsibility for the App or content thereof.

7. Reliance on information posted

7.1. Information and material posted on the Service is for general guidance, interest and enjoyment only and is not intended to amount to advice or information on which reliance should be placed. Our product has been developed to facilitate education and should not be relied upon as a standalone educational tool. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any subscriber or anyone who may be informed of any of its contents.

8. Use by minors and user identity

8.1. Talk2MeMore has been developed to be used by adults for the benefit of children. The use of our Service by minors under the age of 16 is subject to the consent of their parent or guardian.  We advise parents, guardians or other responsible adults who permit children to use software applications and the internet that it is important that they communicate with children about their safety while using these services. 

9. Our liability

9.1. The material displayed on the Service is provided without any guarantees, conditions or warranties as to its accuracy.

9.2. To the extent permitted by law, we, and third parties connected to us hereby expressly exclude:9.2.1. all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity;

9.2.2. any liability for loss or damage incurred by any user in connection with the use, inability to use, or results of the use of our Service any websites or Services linked to it and any material posted on it; and9.2.3. any liability for any direct, special, indirect or consequential loss or damage incurred by any user in connection with the Service or in connection with the use, inability to use, or results of the use of the Service, any Services or websites linked to it and any materials posted on it, including, without limitation any liability for:

(i) loss of income or revenue;

(ii) loss of business;

(iii) loss of profits or contracts;

(iv) loss of anticipated savings;

(v) loss of data;

(vi) loss of goodwill;

(vii) wasted management or office time; andfor any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

9.3. Nothing in this Section 9 affects our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

10. Information about you and your visits to the Service

10.1. We process information about you in accordance with our Privacy and Cookies Statement.  By using the Service, you consent to such processing and you warrant that all information provided by you is accurate and that you have the consent of all whose personal data have been disclosed, for such processing of their personal data.

11. Restricted uses

11.1. You may use our Service only for lawful purposes.  You may not use our Service:

11.1.1. In any way that breaches any applicable local, national or international law or regulation;

11.1.2. In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;

11.1.3. For the purpose of harming or attempting to harm minors in any way;

11.1.4. To send, knowingly receive, upload, download, use or re-use any material which does not comply with our Content Standards (see Section 13 below);

11.1.5. To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or

11.1.6. To transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware. You also agree not to access without authority, interfere with, damage or disrupt:

11.1.7. any part of our Service;

11.1.8. any equipment or network on which our Service is stored; 

11.1.9. any software used in the provision of our Service; or 

11.1.10. any equipment or network or software owned or used by any third party.You may report any activities of any other user which violate applicable laws and/or these Terms by e-mailing us at info@talk2memore.com. 

12. Transactions concluded through our Service

Transactions concluded through our Service Contracts formed through the Service or as a result of visits made by you are governed by the terms and conditions of such contracts which shall solely be a matter between you and the other parties to such contract(s) and we shall not in any way be responsible for or warrant any matter concerning such contracts.  The desirability of entering into such contracts and the enforceability of such contracts shall solely be a matter for you to decide.

13. Content Standards

13.1. These content standards apply to any and all material which you contribute to our Service and to any interactive services associated with them. You must comply with the spirit as well as the letter, of the following standards.  The standards apply to each part of any contribution as well as to its whole.Contributions must:

13.1.1. Be accurate (where they state facts);

13.1.2. Be genuinely held (where they state opinions); and

13.1.3. Comply with the applicable law in any country from which they are posted.Contributions must not:

13.1.4. Contain any material which is defamatory of any other person;

13.1.5. Breach the data protection or privacy rights of any person;

13.1.6. Contain any material which is obscene, offensive, hateful or inflammatory;

13.1.7. Promote sexually explicit material;

13.1.8. Promote violence;

13.1.9. Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;

13.1.10. Infringe any patent, copyright, database right, trademark or other intellectual property right of any other person;

13.1.11. Be likely to deceive any other person;

13.1.12. Be made in breach of any legal duty owed to a third party, such as contractual duty or a duty of confidence;

13.1.13. Promote any illegal activity;

13.1.14. Be threatening, abusive or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;

13.1.15. Be likely to harass, upset, embarrass, alarm or annoy any other person;

13.1.16. Be used to impersonate any person, or to misrepresent your identity or affiliation with any person;

13.1.17. Give the impression that they emanate from us, if this is not the case; or

13.1.18. Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

14. Uploading material to the Service

14.1. Whenever you make use of a feature that allows you to upload material to the Service, or to make contact with other users of the Service, you must comply with all applicable laws and the Content Standards set out at Section 13. You warrant that any such contribution does comply with applicable laws and our Content Standards, and you indemnify us for any breach of that warranty.

14.2. Any material or content that you upload to our Service will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to the Service constitutes a violation of their intellectual property rights, or of their right to privacy.

14.3. We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of the Service.

14.4. We have the right to remove any material or posting you make on the Service if, in our opinion, such material does not comply with the Content Standards (see Section 13 above) and we shall inform you of any such removal within a reasonable period of time. 

15. Viruses, hacking and other offences

15.1. You must not misuse the Service by knowingly introducing viruses, trojans, worms, logic bombs, keystroke loggers, spyware, adware or any other material which is malicious or technologically harmful or similar computer codes designed to adversely affect the operation of any computer software or hardware. You must not attempt to gain unauthorised access to the Service, the server on which the Service is stored or any server, computer or database connected to the Service. You must not attack the Service via a denial-of-service attack or a distributed denial-of service attack.

15.2. You may not access or remove or attempt to access or remove the source code of all or any portion of the Service, allow a third party to derive or attempt to derive such source code, or reverse engineer, decompile, disassemble, or translate the Service or any part thereof.

15.3. By breaching this Clause 15, you may be committing a criminal offence under the Criminal Justice (Theft and Fraud Offences) Act 2001, the Criminal Damage Act 1991 and the Criminal Justice Act 2011 or any other applicable legislation. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Service will cease immediately.

15.4. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Service or to your downloading of any material posted on it, or on any website linked to it.

16. Suspension and termination

16.1. We will determine, in our discretion, whether there has been a breach of the Terms through your use of our Service.  When a breach of the Terms has occurred, we may take such action as we deem appropriate. Failure to comply with the Terms constitutes a material breach of the terms upon which you are permitted to use our Service, and may result in our taking all or any of the following actions:

16.1.1. Immediate, temporary or permanent withdrawal of your right to use our Service.

16.1.2. Refusal to publish or post, or immediate, temporary or permanent removal of any posting or material uploaded by you to our Service.

16.1.3. Issue of a warning to you.

16.1.4. Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.

16.1.5. Further legal action against you.

16.1.6. Disclosure of such information to law enforcement authorities as we reasonably feel is necessary. We exclude liability for actions taken in response to breaches of the Terms.  The responses described in the Terms are not limited, and we may take any other action we reasonably deem appropriate.  

17. Indemnity

You agree to indemnify us and keep us indemnified (including our directors, agents, servants and employees) against all losses, costs, charges, demands, proceedings, damages, actions, expenses and claims howsoever incurred by us as a result of your use of this Service or a breach by you of any of these Terms.In the event that your contributions infringe any rights of any third party, you shall, at your own expense and at your discretion, either obtain the right to use such contribution or render such contribution free of any infringement.  

18. Linking to the Website

18.1. You may link to our Website via the home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

18.2. You must not establish a link from any website that is not owned by you.

18.3. The Website must not be framed on any other site, nor may you create a link to any part of the Website other than the homepage. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out at Section 13.

18.4. If you wish to make any use of material on the Website other than that set out above, please contact Talk To Me More Limited at 21 Liffey Drive, Newbridge, Co. Kildare or at info@talk2memore.com. Links from the Website

18.5. Where our Website contains links to other sites and resources provided by third parties, these links are provided for your information only.  We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

19. Waiver

If we fail to insist upon strict performance of any of our obligations under any of these Terms, or if we fail to exercise any of the rights or remedies to which we are entitled under these Terms, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.  A waiver by us of any default shall not constitute a waiver of any subsequent default.  No waiver by us of any of your obligations under these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.  

20. Jurisdiction and applicable law

20.1. The Irish courts will have exclusive jurisdiction over any claim arising from, or related to, use of the Service  although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.

20.2. These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of Ireland.

21. Severability

If any of these Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to the extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

22. Contact us

If you have any concerns or questions about these Terms or our Privacy and Cookies Statement, please contact Talk To Me More Limited at 21 Liffey Drive, Newbridge, Co. Kildare or at info@talk2memore.com.