Terms and Conditions
This agreement applies as between you, the User of a Nejo
Studios online digital product and Nejo Studios,
the creator of the product. Your agreement to comply with and be bound by these
Terms and Conditions and agreement is deemed to occur upon your first use of
the Nejo Studios online digital product.
If you do not agree to be bound by these Terms and Conditions, you should stop using the Nejo Studios online digital product immediately.
No part of any Nejo Studios Online Digital Product is intended to constitute a contractual offer capable of acceptance. Your order constitutes a contractual offer and our acceptance of that offer is deemed to occur upon your confirmation as a registered user of a Nejo Studios online digital product.
1) Definitions and Interpretation
In this Agreement the following terms shall have the following meanings:
Nejo Studios Online Digital Product: Refers to any
website, app, streaming video product or audio product operated by Nejo Studios
Account: means collectively the personal information, payment Information and credentials used by Users to access Content and / or any communications System of the Nejo Studios Online Digital Product.
Plan: Means the subscription plan that the customer
has selected.
Content: means any text, graphics, images, audio, video, software, data
compilations and any other form of information capable of being stored in a
computer that appears on or forms part of the Nejo
Studios Online Digital Product.
Facilities: means collectively any online facilities, tools, services
or information that Nejo Studios makes available
through the Nejo Studios Online Digital Product
either now or in the future;
Services: means the services available to you through the Nejo Studios Online Digital Product.
Payment Information: means any details required
for the purchase of Services from Nejo Studios Online
Digital Product. This includes, but is not limited to, credit / debit card
numbers, bank account numbers and sort codes;
Premises: Means Our place(s) of business.
System: means any online communications infrastructure that Nejo Studios makes available through a Nejo
Studios Online Digital Product either now or in the future. This includes, but
is not limited to, web-based email, message boards, live chat facilities and
email links;
User / Users: means any third party that accesses a Nejo Studios Online Digital Product and is not employed by Nejo Studios and acting in the course of their employment;
Website: means the website that you use to access the Nejo Studios online digital product and any sub-domains of
this site unless expressly excluded by their own terms and conditions.
App: An app created by Nejo studios through
Apple's App store, Google's play store, or loaded directly on to a device by a
user.
Nejo Studios: means
Nejo Studios, a registered Canadian Company;
We/Us/Our: means Nejo Studios, a registered
Canadian company with Company registration
Number 260399860.
Age Restrictions
Persons under the age of 18 should use Nejo Studios
Online Digital Products only with the supervision and permission of an Adult.
Payment Information must be provided by or with the permission of an Adult 18
years or older.
Business Customers
These Terms and Conditions also apply to customers procuring Services in the
course of business.
2) Intellectual Property
2.1 Subject to the exceptions in Clause 5 of these Terms and Conditions, all
Content included on a Nejo Studios Online Digital
Product, including, but not limited to, text, graphics, logos, icons, images,
sound clips, video clips, testimonials, data, and page design is the property
of Nejo Studios, our affiliates or other relevant
third parties. By continuing to use a Nejo Studios
Online Digital Product, you acknowledge that such material is protected by
applicable laws and International intellectual property and other laws.
2.2 Subject to Clause 6 you may not reproduce, copy, distribute, store
or in any other fashion re-use material from a Nejo
Studios Online Digital Product unless otherwise indicated on the Nejo Studios Online Digital Product or if we have given you our express written
permission to do so.
3) Third Party Intellectual Property
3.1 Unless otherwise expressly indicated, all Intellectual Property
rights including, but not limited to, Copyright and Trademarks, in product
images and descriptions belong to the manufacturers or distributors of such
products as may be applicable.
3.2 Subject to Clause 6 you may not reproduce, copy, distribute, store
or in any other fashion re-use such material unless otherwise indicated on the Nejo Studios Online Digital Product unless given express
written permission to do so by the relevant manufacturer or supplier.
4) Fair Use of Intellectual Property
4.1) Material from the Nejo Studios Online
Digital Product may be re-used without written permission by members of the
media if the content provides a usable embed code and or if less than 60
seconds of the content is used.
5) Links to Other Websites
5.1) A Nejo Studios Online Digital Product may contain links to other sites. Unless expressly stated, these sites are not under the control of Nejo Studios, or that of Our affiliates. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.
6) Links to websites operated by Nejo Studios
6.1) Those wishing to place a link to a Nejo Studios Online Digital Product on other sites may do
so only to the home page of the Nejo Studios Online
Digital Product or specific app store or google play store page. Deep linking
(i.e. links to specific pages within the site) requires our express written
permission. To find out more please contact Us through our contact us form.
7) Communication and use of Communications Facilities
7.1 The language of communication of Nejo
Studios is English.
7.2 English will be used for product descriptions, terms and
conditions, company information, privacy information, support chats, emails,
site updates, contacts, emails to customers and pricing information and all
other communications with customers.
For Canadian Customers, Email and chat support is provided in English and
French.
7.3 When using any System on a Nejo Studios
Online Digital Product, you should do so
in accordance with the following rules. Failure to comply with these rules may
result in your Account being suspended or closed:
7.4 You must not use obscene, profane or vulgar language;
7.5 You must not submit or post content that is unlawful or otherwise
objectionable. This includes, but is not limited to, Content that is abusive,
threatening, harassing, defamatory, ageist, sexist or racist;
7.6 You must not submit or post Content to the site that is intended
to promote or incite violence;
7.7 You must not submit or post content to the site related to or
intended to promote any religion, spirituality, cause, lifestyle, health
system, multi-level marketing opportunity, or business opportunity. You must
not submit or post any content to the site that is sexually graphic, unsuitable
for children, related to sex, related to dating, related to romance or suitable
for adults only. You must not submit or post content to the site that is
related to or intended to promote the use of drugs.
7.8 The means by which you identify yourself must not violate these
Terms and Conditions or any applicable laws;
7.9 You must not impersonate other people, particularly employees and
representatives of Nejo Studios, or Our affiliates;
and
7.91 You must not use a false name or no name on your registration,
subscription or account. The name in your account must match your legal name
and the name, and or the name on your legal identification.
7.92 You must not use Our System for unauthorized mass-communication
such as spam or junk mail.
7.93 You acknowledge that Nejo Studios,
reserves the right to monitor any and all communications made to Us or using
Our System.
7.94 You acknowledge that Nejo Studios, may
retain copies of any and all communications made to Us via chat, email,
telephone, video conference, Skype, video upload, Webinar or using Our System.
7.95 You acknowledge that any information you send to Us through Our
System may be modified by Us in any way and you hereby waive your moral right
to be identified as the author of such information. Any restrictions you may
wish to place upon Our use of such information must be communicated to Us in
advance and We reserve the right to reject such terms and associated
information.
8) Accounts
8.1 In order to procure Services for Nejo
Studios Online Digital Products and to use certain other parts of the System,
you are required to create an Account which will contain certain personal
details and Payment Information which may vary based upon your use of the Nejo Studios Online Digital Product, as We may not require
payment information until you wish to make a purchase. By continuing to use any
Nejo Studios Online Digital Product, you represent
and warrant that:
8.2 all information you submit is accurate and truthful;
8.3 you have permission to submit Payment Information where
permission may be required; and
paying taxes in order to allow us to meet our legal requirements.
8.3 When an account violates any of our terms, Nejo Studios has the right to immediately terminate that
account.
9) Orders and Provision of Services
9.1 No part of the nejostudios.com website constitutes a
contractual offer capable of acceptance. Your order constitutes a contractual
offer that We may, at Our sole discretion, accept. Our acceptance is indicated
by Us sending to you a confirmation of your order by email or within the google
play store or app store. Only upon receipt of a confirmation of your order will
there be a binding contract between Nejo Studios and
you.
9.2 Order confirmations under sub-Clause 13.1 will be sent to you
before the Services begin and shall contain the following information:
9.21 Confirmation of the Services ordered including full details of
the main characteristics of those Services;
9.2.2 Fully itemized pricing for the Services ordered including,
where appropriate, taxes, delivery and other additional charges; The tax rate
applied to your order will depend on applicable tax laws and this will depend
on your location and the time the order was placed.
9.2.3 Relevant times and dates for the provision of the Services;
9.2.4 User credentials and relevant information for accessing those
services where applicable.
9.3 If We, for any reason, do not accept your order, no payment
shall be taken under normal circumstances. In the event that a payment is taken
and the payment lies with Nejo Studios, any sums paid
by you in relation to that order will be refunded within 14 calendar days.
9.4 Payment for the Services shall be taken via your chosen payment
method, immediately for any setup fee that corresponds to the service plan you
purchased and at the same day of each subsequent month or year according to the
billing cycle for charges accrued during the previous month AND/OR as indicated
in the order confirmation you received.
9.5 We aim to fulfill your Order immediately or if not, within a
reasonable period following your Order, unless there are exceptional
circumstances. If we cannot fulfill your Order within a reasonable period, we
will inform you at the time you place the Order by a note on the relevant web
page or by contacting you directly after you place your Order.
9.6 Nejo Studios shall use all Our
reasonable endeavors to provide the Services with reasonable skill and care,
commensurate with best trade practice.
9.7 In the event that Services are provided that are not in
conformity with your order and thus incorrect, you should contact Us
immediately to inform Us of the mistake. We will ensure that any necessary
corrections are made within five (5) working days.
Additional terms and conditions may apply to the provision of certain Services.
You will be asked to read and confirm your acceptance of any such terms and
conditions when completing your Order.
9.8 Nejo Studios provides technical
support only via our online contact form or live chat. Nejo
Studios makes every effort possible to respond to support requests within 24
hours during Canadian business hours (9am to 8pm EST),but we do not guarantee a
particular response time.
10) Refunds
10.1) Nejo Studios Online Digital Products are
digital non-refundable products.
10.2) Partial or complete refunds shall not be granted by Nejo Stuios unless an
event has occurred where Nejo Studios is at fault.
We want you to be completely satisfied with the Products or Services you order
from Nejo Studios. Before purchasing a plan or making
a donation, each user of a Nejo Studios Online
Digital Product is required to:
10.3) Read the available product description
10.4) Try the product first for two weeks through a free trial or
freely available content online
10.5) Agree to the terms and conditions and make a purchase only after you are sure that you want to proceed with the product.
If you have any additional questions about the product,
please contact us prior to your purchase through our contact form or live chat.
11) Cancellations
11.1 A customer can cancel their subscription at any time.The service will continue to the end of the billing
cycle and after the billing cycle is complete, customers will no longer have
access to content. Since every customer has the opportunity to try the product
for free for two weeks, refunds are not included with cancellation requests
12) Privacy
12.1) Use of any Nejo
Studios Online Digital Product is also governed by our Privacy Policy which is
incorporated into these Terms and Conditions by this reference. To view the
Privacy Policy, please click on the privacy link to see how we use your
personal information.
12.1 All personal information that We may collect (including, but
not limited to, your name and address) will be collected, used and held in
accordance with the provisions of The Personal Information Protection and
Electronic Documents Act.
12.2 We may use your personal information to:
12.2 1 Provide Our Services to you;
12.2.2 Process your payment for the Services; and
12.2.3 Inform you of new products and services available from Us.
You may request that We stop sending you this information at any time.
12.3 In certain circumstances (if, for example, you wish to
purchase Services on credit), and with your consent, We may pass your personal
information on to credit reference agencies. These agencies are also bound by
The Personal Information Protection and Electronic Documents Act and should use
and hold your personal information accordingly.
12.4 We will not pass on your personal information to any other
third parties without first obtaining your express permission.
13) Disclaimers
13.1 We make no warranty or representation that a Nejo Studios Online Digital Product will meet your
requirements, that it will be of satisfactory quality, 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 systems, that it will be secure and that
all information provided will be accurate. We make no guarantee of any specific
results from the use of our Service or Services.
13.2 No part of a Nejo Studios Online
Digital Product is intended to constitute advice and should not be relied upon
when making any decisions or taking any action of any kind.
13.3 No part of nejostudios.com is intended to constitute a
contractual offer capable of acceptance.
13.4 Whilst We use reasonable endeavors to ensure that each Nejo Studios Online Digital Product is secure and free of
errors, viruses and other malware, you are strongly advised to take
responsibility for your own internet security, that of your personal details
and your computers.
Changes to the Facilities and these Terms and Conditions
13.5 We reserve the right to change each Nejo
Studios Online Digital Product, its content or these Terms and Conditions at
any time. Customers will be informed by email or in app notifications of any
changes to these terms and conditions. You will be bound by any changes to the
Terms and Conditions from the first time you use the Nejo
Studios Online Digital Product following the changes. If We are required to
make any changes to these Terms and Conditions by law, these changes will apply
automatically to any orders currently pending in addition to any orders placed
by you in the future.
14) Availability of Nejo Studios Online Digital
Products
14.1 Each Nejo Studios Online Digital
Product is provided as is and on an as available basis. Nejo
Studios uses industry best practices to provide a high uptime. We give no
warranty that any Nejo Studios Online Digital Product,
system or facility will be free of defects and / or faults and we do not
provide any kind of refund for outages. We provide no warranties (express or
implied) of fitness for a particular purpose, accuracy of information,
compatibility and satisfactory quality.
14.2 We accept no liability for any disruption or non-availability
of the Nejo Studios Online Digital Products resulting
from external causes including, but not limited to, ISP equipment failure, host
equipment failure, communications network failure, power failure, natural
events, acts of war or legal restrictions and censorship.
15) Limitation of Liability
15.1 To the maximum extent permitted by law, We accept no liability
for any direct or indirect loss or damage, foreseeable or otherwise, including
any indirect, consequential, special or exemplary damages arising from the use
of a Nejo Studios Online Digital Product or any
information contained therein. You should be aware that you use each Nejo Studios Online Digital Product at your own risk.
15.2 Nothing in these Terms and Conditions excludes or restricts Nejo Studios' liability for death or personal injury
resulting from any negligence or fraud on the part of Nejo
Studios.
15.3 Nothing in these Terms and Conditions excludes or restricts Nejo Studios' liability for any direct or indirect loss or
damage arising out of the incorrect provision of Services or out of reliance on
incorrect information included on the Nejo Studios
Online Digital Product.
15.4 In the event that any of these terms are found to be unlawful,
invalid or otherwise unenforceable, that term is to be deemed severed from
these Terms and Conditions and shall not affect the validity and enforceability
of the remaining Terms and Conditions. This term shall apply only within
jurisdictions where a particular term is illegal.
16) No Waiver
16.1 In the event that any party to these Terms and Conditions
fails to exercise any right or remedy contained herein, this shall not be
construed as a waiver of that right or remedy.
17) Previous Terms and Conditions
17.1 In the event of any conflict between these Terms and
Conditions and any prior versions thereof, the provisions of these Terms and
Conditions shall prevail unless it is expressly stated otherwise.
18) Third Party Rights
18.1 Nothing in these Terms and Conditions shall confer any rights
upon any third party. The agreement created by these Terms and Conditions is
between you, the user and Nejo Studios.
19) Communications
19.1 All notices / communications shall be given to Us through our
online contact form or live chat. Such notices shall be governed by EST and on
the next business day if the message is sent through our online contact form on
a weekend or public holiday.
19.2 We may from time to time, if you opt to receive it, send you
information about Our products and/or services. If you do not wish to receive
such information, please click on the Unsubscribe link in any email which you
receive from Us.
20) Law and Jurisdiction
20.1) These Terms and Conditions and the relationship between you and Nejo Studios shall be governed by and construed in
accordance with the Laws of Prince Edward Island Canada and you agree to submit
to the exclusive jurisdiction of the Courts of Canada.