Terms & Conditions
PLEASE CAREFULLY READ THE FOLLOWING TERMS BEFORE ACCESSING THIS SITE AND THE ONLINE TOUCH TYPING COURSE. BY ACCESSING THE SITE (WHICH INCLUDES THE TOUCH TYPING COURSE), YOU ACCEPT AND AGREE TO ALL OF THE COVENANTS AND CONDITIONS IMPOSED IN THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS THE SITE.
BY USING TYPEKIDS.COM’S SERVICE, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO THESE TERMS. YOU ALSO AGREE TO REVIEW THIS AGREEMENT PERIODICALLY TO BE AWARE OF MODIFICATIONS TO THE AGREEMENT, WHICH MODIFICATIONS TYPEKIDS.COM MAY MAKE AT ANY TIME. YOUR CONTINUED USE OF THIS SITE WILL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF ANY MODIFIED AGREEMENT.
1. Contact Information.
SUNSIDE SOLUTIONS, S.L. ( “SUNSIDE SOLUTIONS”)
Gran vía de les Corts Catalanes , 800 – 58
08013 Barcelona, Spain
admin at typekids.com
“Access” or “Accessing” means accessing, using, viewing the content or otherwise obtaining information on the Site.
“The Site” – refers to the website maintained on the World Wide Web by Typekids.com, available at http://www.typekids.com
“Agreement” or “Terms” refers to these Terms and Conditions of Use and any subsequent modifications.
“typekids.com” refers to typekids.com, owned by Sunside Solutions S.L., a limited company registered in Spain.
“Course Material” – includes all content provided by Typekids in either digital or fysical form
“Digital course material” – educational material that is delivered by Typekids to user on a non-fysical information carrying format and only accessible on electronic or similar way online. Fysical material means, but is not limited to, information carriers such as books, cds, diskettes and other material as well as educational aids delivered in a fysical form.
“User” refers to any party who Accesses the Site and/or the “Course Material”. .
“You” or “Your” refers to the User. If You are Accessing the Site as an employee or agent of another, “You” or “Your” refers to the User and the User’s principal.
3. Modification of Terms.
Sunside Solutions SL reserves the right to modify these Terms at any time. Except as otherwise stated herein, any change to these Terms is effective immediately after Sunside Solutions SL gives notice to the User. Notice can be given through e-mail, a posting on the Site or any other means by which a User may obtain notice. User agrees to check the Site periodically for changes to these Terms. Any use of the Site after changes have been made shall be deemed acceptance of those changed terms and/or conditions.
The purpose of the Site is to teach the User touch typing. Through the Site, SUNSIDE SOLUTIONS enables the User to access and use the digital course material.
From the moment on which the Website is accessed any user accepts, without limitations, these terms and conditions. In consequence, Users should carefully read these Terms and Conditions before using any Service on the Site.
The Company reserves the right to modify or delete at any time and without notice any content, services and information that are published in this website, as well as limit or modify these terms and conditions. Any modification will take effect as from the date of publishing and will bind any user accessing the page subsequent to publication. These terms may be saved and printed by the user using the “Print” function of the browser.
5. General Conditions
These terms and conditions are applicable to all use, licensing, sale, rent of the course material of Typekids. Typekids reserves the rights to change or add to these terms at any time without the obligation of informing users.
Offers are non-binding and can be recalled by Typekids after the receipt of an order. In case Typekids refuses an order the user will be informed withing 7 working days after the reception of the order. If an order is accepted Typekids will send an order confirmation to the user by email. An agreement between user and Typekids is only initiated after the order confirmation is sent by email.
The course material is for personal use only. Users that do not have an agreement with Typekids are not to be granted access to the course material.
Prices on www.typekids.com are quoted in US dollars and include VAT. If applicable, administration and transportation cost will be specified separately before a transaction takes place. SUNSIDE SOLUTIONS reserves the right to change prices at any time without the need to notify its Users. Price changes become effective from the moment they are published on the Site for any purchase of the product after the publication.
Orders placed by users younger than 18 years are supposed to have been made with the approval of parents, or appropriate caretaker of the child. In case of doubt SUNSIDE SOLUTIONS reserves the right to request prove thereof before entering into an agreement.
Orders are only accepted when placed through the Site. Any timeline regarding order fulfilment mentioned in this agreement is only applicable to orders placed via the previously mentioned Site. User can select the payment method when making the purchase. The methods of payment accepted by SUNSIDE SOLUTIONS are listed on the Site. SUNSIDE SOLUTIONS reserves the right to change the accepted methods of payment any time without the need to notify its Users, any change having immediate effect on all orders placed after publication on the Site.
SUNSIDE SOLUTIONS strives to give user access to digital course material within 24 hours of receipt of payment. The maximum time to give access to the Digital Course Material is 7 days after the receipt of the complete payment. If the 7 day time frame is exceeded it is understood that the order placed by the User has not been accepted.
User should check the order confirmation and the information necessary to login the course directly upon reception. User can request a refund of the payment made or file a complaint within a maximum of 7 days after SUNSIDE SOLUTIONS sent the information to access Digital Course Material. This term is only extended when user can make it plausible that the material was inspected in due time and the mistake could not have been noted previously. All complaints or refund requests can only be filed in writing via email to admin@Typekids.com
SUNSIDE SOLUTIONS will endeavour to resolve the Users complaint. If this is not possible SUNSIDE SOLUTIONS will refund the amount received from the user as payment and delete Users login information. The amount refunded to User will never exceed the amount received by SUNSIDE SOLUTIONS from the User. Refunds will be processed through the appropriate channels and are subject to the lead times and terms and conditions of those channels or payment method.
7. Prohibited Conduct.
User expressly agrees to refrain from doing, either personally or through an agent, any of the following “Prohibited Conduct”:
Transmit, install, upload or otherwise transfer any virus, advertisement, communication, or other item or process to the Site that in any way affects the use, enjoyment or service of the Site, or adversely affects Sunside Solutions SL´s computers, servers or databases.
Capture, download, save, upload, print or otherwise retain information and content available on the Site other than what is expressly allowed by these Terms.
Permit or provide others Access to the digital course material using Your user name and password or otherwise, or the name and password of another authorized User.
Copy, modify, reverse engineer, disassemble, redistribute, republish, alter, create derivative works from, assign, license, transfer or adapt any of the software, information, text, graphics, source code or HTML code, or other content available on the Site.
Remove or modify any copyright, trademark, legal notices, or other proprietary notations from the content available on the Site.
Transfer the Site content to another person; “frame,” “mirror,” “in-line link,” or employ similar navigational technology to the Site content; or “deep link” to the Site content.
Violate or attempt to violate Sunside Solutions SL’s security mechanisms, Access any data or server You are not authorized to Access or otherwise breach the security of the Site or corrupt the Site in any way.
Engage in any other conduct which violates the Copyright Act or other laws of Spain.
Use any device (such as a “web crawler” or other automatic retrieval mechanism) or other means to harvest information about other Users, the Site or Sunside Solutions SL.
Use the Site to violate a third party’s intellectual property, personality, publicity or confidentiality rights; upload, download, display, publish, perform, create derivative works from, transmit, or otherwise distribute information or content in violation of a third party’s intellectual property rights.
Misrepresent Your identity or personal information when Accessing the Site; forge any TCP/IP packet header or any part of the header information in any e-mail so that the e-mail appears to be generated by Sunside Solutions SL.
Post obscene, harassing, defamatory, filthy, violent, pornographic, abusive, threatening, objectionable or illegal material on the Site; post a communication that advocates or encourages criminal conduct or conduct that may give rise to civil liability.
Advertise or otherwise solicit funds, goods or services on the Site.
Provide any commercial hosting service with Access to the Site and/or the content on the Site.
To ensure that Users of the Site do not engage in Prohibited Conduct, Sunside Solutions SL reserves the right to monitor use of the Site and reserves the right to revoke or deny Access to the digital course content to any person or entity whose use of the digital course content suggests Prohibited Conduct. Access of the materials available at the digital course content beyond that of normal patterns of use that suggests systematic copying of the materials constitutes abuse of the digital course content and will result in revocation or denial of Access to the digital course content. The terms “normal patterns” and “abuse” shall be determined solely by Sunside Solutions SL.
You agree not to violate any Spanish, foreign or international software or technology export laws and regulations.
8. Limited warranties
SUNSIDE SOLUTIONS strives to provide users access to the digital course material with a yearly average of 99% of the time between 6.00 am (GMT +1) and 23.00 pm (GMT +1). Refund requests for not being able to access the Digital Course Material will not be processed if more than 7 days have passed since login information has been sent to the User for the first time.
To that end, SUNSIDE SOLUTIONS will take all commercially reasonable efforts to provide uninterrupted Access to the digital course material to its Users. However, from time to time, Users may be unable to Access the digital course material due to conditions beyond SUNSIDE SOLUTIONS’s control. Such conditions include, but are not limited to: force majeure, acts of God, power outages, and the acts of computer hackers and others acting outside the law. Also, from time to time, Access may be unavailable due to software issues, server downtime, increased Internet traffic or downtime, programming errors, regular maintenance of the system, and other related reasons. In response to any unavailability of the digital course material to its Users, Sunside Solutions will take all commercially reasonable steps to ensure Access is restored within a reasonable period of time. The term “commercially reasonable,” as used in these Terms, shall mean reasonable efforts taken in good faith without an unduly or burdensome use or expenditure of time, resources, personnel or money.
SUNSIDE SOLUTIONS endeavors to provide the highest quality content to its Users. To that end, SUNSIDE SOLUTIONS reserves the right, in its sole discretion, to change, modify, or discontinue any aspect or feature of this Site in whole or in part, including, without limitation, the content, availability, Access and/or the Terms of this Site. Such changes, modifications, additions or deletions will be effective immediately upon notice thereof, which notice may be made by posting such changes on this Site.
Users are solely responsible for ensuring that they have sufficient and compatible hardware, software, telecommunications equipment and Internet service necessary for use of the Site.
The method and methodology used in the course offered through the Site have been tested in practice. SUNSIDE SOLUTIONS does not guarantee that the course material and/or methodology are suitable for every user. In addition, the effectiveness of the course material and methodology is highly dependent on the effort and skill of the user. Complaints about course material not meeting expectations and/or user not meeting an objective will not be granted after the 7 day trial period.
ALTHOUGH SUNSIDE SOLUTIONS HAS ATTEMPTED TO PROVIDE ACCURATE INFORMATION ON THE SITE, IT MAKES NO GUARANTEE OR WARRANTY, EXPRESS OR IMPLIED, AS TO THE RELIABILITY, ACCURACY, TIMELINESS OR COMPLETENESS OF THAT INFORMATION AND ASSUMES NO RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS THEREIN.
9. Limitations and exclusions of liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SUNSIDE SOLUTIONS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF THESE TERMS AND CONDITIONS OR IN ANY WAY RELATING TO THE AGREEMENT, THE COURSE MATERIAL, THE USE OF OR INABILITY TO USE THE SUNSIDE SOLUTIONS PRODUCTS INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, LOST PROFITS, LOSS OF DATA, COMPUTER FAILURE OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES EVEN IF ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.
THIS EXCLUSION CLAUSE DOES NOT APPLY TO LOSSES THAT ARE CAUSED BY GROSS NEGLIGENCE OR WILFUL MISCONDUCT OF SUNSIDE SOLUTIONS. IN NO EVENT SUNSIDE SOLUTIONS WILL BE RESPONSIBLE FOR LOSSES EXCEEDING THE TOTAL AMOUNT PAID TO SUNSIDE SOLUTIONS UNDER THESE TERMS AND CONDITIONS OF USE.
10. Copyrights, Trademarks and Other Proprietary Rights.
SUNSIDE SOLUTIONS shall retain all worldwide rights in the intellectual property in and on the Site, including, but not limited to, trademarks, service marks, trade dress, inventions, ideas, trade secrets, the source code, the HTML code, the “look and feel” of the Site, its color combinations, layout, and all other graphical elements, and the copyrights in and to its original content. You should assume that everything You read or see on the Site is copyrighted, trademarked, or otherwise protected and owned or licensed by SUNSIDE SOLUTIONS. Except as expressly stated on the Site or in these Terms, nothing that You read or see on the Site or in the digital course material may be copied, reproduced, modified, distributed, transmitted, republished, displayed or performed for commercial use without the prior written consent of SUNSIDE SOLUTIONS , except as provided in these Terms. Nothing in these Terms grants You an express or implied license to use any of SUNSIDE SOLUTIONS intellectual property.
If You submit any unsolicited intellectual property, idea, copyrightable material, invention, discovery, improvement, trade secret or know-how to SUNSIDE SOLUTIONS, You may forfeit Your intellectual property rights and moral rights contained in such communication or material.
User agrees to defend, indemnify and otherwise hold harmless SUNSIDE SOLUTIONS and its officers, directors, agents, employees, shareholders, successors and assigns from and against any cause of action or claim, including court costs, expenses and attorney fees, related to or arising from User’s Prohibited Conduct or other improper or illegal use of the Site, or breach of these Terms.
12. Security; Authorized Use.
Users are prohibited from violating or attempting to violate the security of the Site. SUNSIDE SOLUTIONS has the right but not the obligation to investigate occurrences of possible violations and will cooperate with all applicable law enforcement authorities in prosecuting violators. SUNSIDE SOLUTIONS may suspend Your Access while it conducts an investigation. Users are required to enter a user name and password to Access the digital course material. To protect against unauthorized Access to Your account, it is recommended that You close the browser when You have finished using the Site. You are responsible for maintaining the secrecy of Your user name and password.
You represent and warrant that You are the person on whose behalf You claim to accept these Terms, or, if You are entering into these Terms on behalf of a person or entity, You represent and warrant that You have the power and authority to enter into these Terms and bind the person or entity. You also represent and warrant that You are an adult who is legally able to enter into these Terms.
You may not use the account, user name or password of someone else at any time. You agree to notify SUNSIDE SOLUTIONS immediately of any unauthorized use or loss of Your account, user name, password and/or credit card information. You also agree to notify SUNSIDE SOLUTIONS immediately if You are aware of or suspect other unauthorized use of the Site and/or the Site content. SUNSIDE SOLUTIONS will not be liable for any loss that You incur as a result of someone else using Your user name and password with or without Your knowledge. You may be held liable for any losses incurred by SUNSIDE SOLUTIONS , its affiliates, officers, directors, employees, consultants, agents or representatives due to someone else’s use of Your account, user name or password.
SUNSIDE SOLUTIONS will never ask You for Your password. If You need a new user name and/or password, SUNSIDE SOLUTIONS will generate a new user name and password automatically through its computers and send it to Your e-mail or postal address.
13. Termination of Agreement.
In addition to SUNSIDE SOLUTIONS’ other rights, it may terminate this Agreement at any time and at its sole and absolute discretion. SUNSIDE SOLUTIONS may also terminate Access to the digital course material without notice if it believes, in its sole judgment, that You have breached or may breach any term or condition of this Agreement, or engaged in conduct that SUNSIDE SOLUTIONS deems inappropriate.
In the event of termination of this Agreement, the provisions in this Section and the provisions found in Sections 2, 5, 6, 8, 9, 10, 11, 12, 13, 14, 15 and 16 shall survive in perpetuity. Each Subscriber’s obligation to pay outstanding fees shall survive any termination of this Agreement.
These Terms constitute the entire agreement between SUNSIDE SOLUTIONS and User regarding the subject matter hereof. Any previous agreement, whether oral or written, between SUNSIDE SOLUTIONS and User dealing with the subject matter hereof is superseded. These Terms may only be modified or amended in writing. If any portion of these Terms is determined to be unenforceable for any reason, such portion will be deemed severed and the remaining terms and conditions shall continue in full force and effect. Upon User’s breach or threatened breach of these Terms, SUNSIDE SOLUTIONS may pursue any legal or equitable remedy available, including but not limited to, direct, consequential and punitive damages and injunctive relief. SUNSIDE SOLUTIONS remedies are cumulative and not exclusive. Failure of SUNSIDE SOLUTIONS to exercise any remedy or enforce any portion of this Agreement at any time shall not operate as a waiver of any remedy or of the right to enforce any portion of the Agreement at any time thereafter. User agrees that regardless of any statute or law to the contrary, any claim or action arising out of or regarding this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. By Accessing the Site, User signs for and accepts this shortening of the statutes of limitations. SUNSIDE SOLUTIONS makes no representation that the content of the Site is appropriate or available for use in all locations. SUNSIDE SOLUTIONS operates this Site from Spain and makes no representation that the Site complies with any foreign or international laws. You agree to comply with all applicable local laws, including any international laws, in using this Site. You may not assign Your rights or delegate Your duties under these Terms. The parties agree that no third party is an intended beneficiary of these Terms. SUNSIDE SOLUTIONS cannot provide notifications via post, only e-mail.
16. Governing Law and jurisdiction.
This Agreement shall be governed by the laws of Spain. The parties expressly agree that any conflict which may arise in relation to the interpretation or performance of this Terms will be submitted to the ordinary courts of Barcelona, Spain, regardless of any other jurisdiction or court to which the parties may be entitled to submit such conflict.
EFFECTIVE DATE: June 28, 2011