Multimedia Speech Pathology Terms and Conditions

The Terms and Conditions Below govern the use of the website www.mmsp.com.au and the apps listed under the developer name Carol Bishop in the Apple App store.

There are more specific notes regarding terms of use of our Apps at the end of this document.

The User must read this document carefully.

In these terms and conditions, “we” “us” and “our” refers to Multimedia Speech Pathology, ABN 13478853934.  Your access to and use of all information on this website including purchase of our product/s is provided subject to the following terms and conditions.  

We reserve the right to amend this Notice at any time and your use of the website following any amendments will represent your agreement to be bound by these terms and conditions as amended.  We therefore recommend that each time you access our website you read these terms and conditions.

Our Website Services

  1. Our services are provided to adults over the age of eighteen (18) years.  By proceeding to purchase through our website, you acknowledge that you are over 18 years of age. 

Product Descriptions

  1. We strive to ensure that our products are described as accurately as possible on our website, however we do not warrant that the description is accurate.  Where we become aware of any misdescription, we reserve the right to correct any error or omission.  
  2. Images have been provided for illustrative purposes only and we do not guarantee that any image will reproduce in true colour nor that any given image will reflect or portray the full design or options relating to that product.

Product Orders

  1. Our products are for sale to adults over the age of eighteen (18) years.  By proceeding to purchase through our website, you acknowledge that you are over 18 years of age.
  2. We endeavour to ensure that our products described are current however we give no undertaking as to the availability of any product advertised on our website.

Product Returns

  1. Apps advertised on this site are not purchased from this site but from the Apple App Store and covered by their refunds and returns policy.

You can request a refund from the app’s page on the App Store.

  1. Search “Speech Sounds on Cue” or “Speech sounds for Kids” on your iPhone or iPads App Store App.
  2. Select the app you have purchased to get the right page in the App store (don’t open)
  3. Scroll to the bottom and find and click the “Report a Problem” link and you’re able to request a refund for the app. 
  4. You then need to sign in with the same Apple ID you used to make the purchase. Once signed in, the page will show you a list of your digital purchase history.
  5. Tap the “What can I help you with” text box at the top and select “Request a Refund”
  6. Choose a reason for the return.
  7. Select the App and SUBMIT
  8. It may take 48 hours to hear from apple if your request is granted.

LingWAVES Warranty

WEVOSYS provides a 2 year Manufacturer Warranty for all lingWAVES hardware.

WEVOSYS also provides free software updates, email support and remote support for 3 years from purchase.

Please fill in the request form for support from WEVOSYS

https://www.wevosys.com/support/support_form.html

Returns of Programs previously bought from Multimedia Speech Pathology:

  1. Returns and reimbursement applies if the software purchased can not be used on your device at time of purchase. We can not be held responsible and provide free replacement if your operating system is upgraded in the future and the software fails to work due to compatibility issues.

 

Site Access

  1. When you visit our website, we give you a limited licence to access and use our information for personal use. 
  2. You are permitted to download a copy of the information on this website to your computer for your personal use only provided that you do not delete or change any copyright symbol, trade mark or other proprietary notice.  Your use of our content in any other way infringes our intellectual property rights.
  3. Except as permitted under the Copyright Act 1968 (Cth), you are not permitted to copy, reproduce, republish, distribute or display any of the information on this website without our prior written permission.
  4. Where explicitly stated on www.mmsp.com.au , the User may download, copy and/or share some content available for its sole personal and non-commercial use and provided that the copyright attributions and all the other attributions requested by the Owner are correctly implemented.
  5. The licence to access and use the information on our website does not include the right to use any data mining robots or other extraction tools.  The licence also does not permit you to metatag or mirror our website without our prior written permission. We reserve the right to serve you with notice if we become aware of your metatag or mirroring of our website. 

Hyperlinks

  1. This website may from time to time contain hyperlinks to other websites.  Such links are provided for convenience only and we take no responsibility for the content and maintenance of or privacy compliance by any linked website.  Any hyperlink on our website to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products which they provide. 
  2. Linking our website is not permitted.  We reserve the right to serve you with notice if we become aware of such linking.

Intellectual Property Rights

  1. The copyright to all content on this website including applets, graphics, images, layouts and text belongs to us or we have a licence to use those materials.
  2. All rights regarding to content of our website and apps are owned and reserved by Multimedia Speech Pathology and its licensors. We also sell software on behalf of other developers React2, Bungalow Software and WEVOSYS and these companies own the intellectual property rights to their software. Please contact them to view their terms and Conditions.
  3. All trade marks, brands and logos generally identified either with the symbols TM or ® which are used on this website are either owned by us or we have a licence to use them. Your access to our website does not license you to use those marks in any commercial way without our prior written permission.

Disclaimers

  1. Whilst we have taken all due care in providing the information on our website, we do not provide any warranty either express or implied including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose. The services we provide are not to be regarded as professional advice, and we recommend you seek the advice of a licenced professional who is aware of your individual abilities before using our software and apps.
  2. To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded.  
  3. We also take all due care in ensuring that our website is free of any virus, worm, Trojan horse and/or malware, however we are not responsible for any damage to your computer system which arises in connection with your use of our website or any linked website.

Statutory Guarantees and Warranties to Consumers 

  1. Schedule 2 of the Competition and Consumer Act 2010 (“C&C Act”) defines a consumer.  Under the C&C Act we are a supplier of either goods or services or both to you, and as a consumer the C&C Act gives you statutory guarantees.  Attached to the Standard Terms and Conditions are:-
  1. Schedule 2 of the C&C Act; and
  2. those statutory guarantees, all of which are given by us to you if you are a consumer.
  1. If you are a consumer within the meaning of Schedule 2 of the C&C Act of our goods or services then we give you a warranty that at the time of supply of those goods or services to you, if they are defective then:-
    1. We will repair or replace the goods or any part of them that is defective; or
    2. Provide again or rectify any services or part of them that are defective; or
    3. Wholly or partly recompense you if they are defective.
  2. As a consumer under the C&C Act you may be entitled to receive from us notices under Schedule 2 section 103 of the C&C Act.  In that regard:-
    1. If you are a consumer within the meaning of Schedule 2 of the C&C Act and the goods or services we are providing relate to the repair of consumer goods then we will give you any notice which we are obliged to give you under Schedule 2 section 103 of the C&C Act.
    2. If we are a repairer of goods capable of retaining user-generated data then we hereby give you notice that the repair of those goods may result in the loss of the data.  
    3. If we are a repairer and our practice is to supply refurbished goods as an alternative to repairing your defective goods or to use refurbished parts in the repair, then we give you notice that the goods presented by you to us for repair may be replaced by refurbished goods of the same type rather than being repaired.  We also give you notice that we may use in the repair of your goods, refurbished parts.

Limitation of Liability

  1. If you are not a consumer within the meaning of Schedule 2 of the C&C Act then this clause applies to you.  If you are a consumer within the meaning of the C&C Act then this clause has no effect whatsoever to in any way limit our liability or your rights.  If you are not a consumer:- 
    1. To the full extent permitted by law, our liability for breach of an implied warranty or condition is limited to the supply of the services again or payment of the costs of having those services supplied again. 
    2. We accept no liability for any loss whatsoever including consequential loss suffered by you arising from services we have supplied. 
    3. We do not accept liability for anything contained in the post of a user or in any form of communication which originates with a user and not with Us.
    4. We do not participate in any way in the transactions between our users.

Indemnity

  1. By accessing our website, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use of our website.  

Force Majeure

  1. If a Force Majeure event causing delay continues for more than 30, we may terminate this Agreement by giving at least 7 Notice to you.  “Force Majeure” means any act, circumstance or omission over which we could not reasonably have exercised control. 

Jurisdiction

  1. These terms and conditions are to be governed by and construed in accordance with the laws of Queensland and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in Queensland and you agree to submit to the jurisdiction of those Courts.
  2. If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity.  If necessary the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.

Privacy 

  1. We undertake to take all due care with any information which you may provide to us when accessing our website. However we do not warrant and cannot ensure the security of any information which you may provide to us.  Information you transmit to us is entirely at your own risk although we undertake to take reasonable steps to preserve such information in a secure manner.
  2. Our compliance with privacy legislation is set out in our separate Privacy Policy which may be accessed at https://mmsp.com.au/policies/ . 

 

ADDITIONAL TERMS AND CONDITIONS OF IOS APPS developed by Multimedia Speech Pathology (Carol Bishop)

 

  1. The Apps Known as Speech Sounds on Cue (for iPhone and iPad) and Speech Sounds for Kids (for iPad only) can only be purchased from the iTunes App store, so are subject to Apple’s Terms and conditions when using their store.

      Please read https://www.apple.com/legal/internet-services/itunes/ww/

 

Additional notes re Privacy Policy of our apps.

Multimedia Speech Pathology does not collect any personal information or Analytics from you from our Apps.  App users do not have an account with us.

 

Speech Sounds on Cue records your voice data for immediate playback, then deletes it.

 

Speech Sounds for Kids has an option to collect data to help track progress and you can choose to input email address to send data to your therapist (not to us) but this is optional. we have no access to this information.

 

When you purchase from the app store, Apple does collect some information from you – see their privacy policy Legal – Apple Privacy Policy – Apple

and we receive some anonymous data from them regarding number of downloads.