Terms and Conditions – Optima Speech Therapy

Optima Speech Therapy
Terms and Conditions

Registered company number: 657346
Tax reference number: 9312593A
Office Address: Wicklow House, Market Square, Wicklow Town, A67 W589
Last updated: 7th September 2022

A physical copy of this document is available upon request. Please email address: hello@optimaspeechtherapy.com

Defined Words

These terms and conditions (“Terms”) relate to the supply of any of the services (“Services”) and/or products (“Products”) listed on this website www.optimaspeechtherapy.com (“Website”) and provided in the Clinic. Reference to “we”, “us” or “our” is referring to Optima Speech Therapy. Any reference to “you” or “your” is referring to all users of the Website and the recipient of any Product or Service. “The Customer” refers to an individual who has availed of a Product or Service. “Clinic” refers to the office facilities based at Wicklow House, Market Square, Wicklow Town, A67 W589. “Initial Assessment” is the assessment process undertaken when Services are first engaged. “Home Programme” is the personalised Product produced upon receipt of full payment. “Therapy Session” is time spent face-to-face carrying out therapy activities. “Therapy Block” is a number of therapy sessions. All the above products and services result from the information you provide at the time of initial assessment. Repeat assessments may be required to monitor progress and/or at the beginning of a new therapy block.

Acceptance

Please read this document carefully. If you use the Website or Services or Products you will be deemed to have accepted these terms and conditions in full. You will be asked to confirm acceptance at the point of purchase checkout by ticking the T&C’s Acceptance Box. It is not necessary for you to sign a copy of this document separately. If you do not understand any of these Terms you can ask us to explain them further on hello@optimaspeechtherapy.com. You can print this document for future reference.

Copyright Declaration

All the content of the Website and of the Products and Services is the property of Optima Speech Therapy. This includes but is not limited to the Resources, Home Programmes content, design, concept, and application, text, audio clips, photos and video clips and is protected by international and Irish copyright laws. In Ireland, the primary legislation this refers to is Copyright and Related Act, 2000. Products and Services may only be used by you and only with your child. The Website, Products and Services cannot be replicated, reproduced, or duplicated for use by any other person/persons/organisation. Further detailed copyright stipulations are outlined below.

Electronic Communications

When you contact us by email, text, messenger, social media etc you are communicating with us electronically and you are consenting for us to contact you electronically. All communications, oral and written materials, Products and Services will be in English.

Confidential Data Storage

We use two cloud-based software’s to store and record your personal data.

Storage Service is provided by Sync is used to provide a secure private cloud storage service which provides end-to-end encryption meeting EU, UK, USA and Canadian GDPR compliance. Sync stores data across multiple SSAE16 type 2 certified datacentre locations with SAS RAID storage. This a service provided and paid for by us to protect your data and is governed by the Sync terms and conditions which can be viewed at https://www.sync.com/terms/

Clinic Management Software is provided by Pabau a Cyber Essential Certified system that complies with the Data Protection Act 2018. For more information see https://www.pabau.com/security/  This a service provided and paid for by us to protect your data and is governed by the Pabau GDPR statement which can be viewed at https://www.pabau.com/gdpr/

The Terms shall be governed by and construed in accordance with Irish Law. Disputes arising in connection with this legal notice shall be subject to the nonexclusive jurisdiction of the Irish and European Courts.

2.1 The Services available via the Website include but are not limited to personal details provided by you online electronically such as address, date of birth, and personal circumstances.

2.2 The Products available via the Website include but are not limited to

  • Initial Assessments
  • Therapy Sessions and Therapy Blocks
  • Personalised Home Programmes,
  • Activity sheets,
  • Resources,
  • Information and educational materials.

By using the Website you confirm that you are legally capable of entering into a binding contract of purchase, are at least 18 years old and have the legal right to provide personal details about the child.

4.1 When you purchase a Service or Product through the Website or in The Clinic you are entering a legally binding contract of purchase with us.

4.2 Purchase of Services and/or Products may take place through different portals including online or in the clinic. Full payment is due prior to the provision of the service and/or the product.

4.3 Further reports may be purchased at an additional cost to you.

4.4 Should a delay of more than 12 weeks occur between the date of us sending you the report with recommendations and you purchasing the Home Programme, the initial assessment process will have to be repeated, along with full payment unless otherwise agreed with us in writing. The date of receipt being defined as the date of payment receipt.

4.5 Payments are for the same child and for that child only. Other children require separate and individual payments.

Therapy requires a commitment from you. Commitments include but are not limited to:

  • Completing all the steps indicated in by us.
  • Following any schedule provided and completing daily exercises/homework.
  • Reading all literature provided.
  • Employing all suggested techniques into daily activities and routines.
  • Be open and willing to engage in dialogue with us.
  • Understanding and accepting that at times you may find the therapy difficult.
  • Accepting you are fully responsible for your and your child’s actions, decisions, and behaviours during, between and after therapy. Any type of abusive behaviour including but not limited to physical and verbal abuse will not be tolerated and result in immediate termination of therapy without a refund.
  • Accepting we can cease provision of therapy Services and/or Products at our discretion and that using the Service and/or Product does not constitute a commitment from us to provide future Services and/or Products.
  • Accepting you are responsible for ensuring you use a suitable environment for therapy homework, free of distractions and interruptions during therapy sessions.
  • Accepting you are responsible for checking that the laws in your country of residence permit the use of this service.
  • Understanding that this is not a free service, and that all Product(s) and/or Service(s) are subject to full payment in advance of receipt.
  • Understanding we accept no responsibility for your technical difficulties occurring relating to accessing and using our Product or Service.
  • Accepting and understanding that we cannot make any guarantee you/your child will improve or be cured through purchase and/or use of any or all Products(s) and/or Service(s) supplied by us.

6.1 Sync is used to provide a secure private cloud storage service which provides end-to-end encryption meeting EU, UK, USA and Canadian GDPR compliance. Sync stores data across multiple SSAE16 type 2 certified datacentre locations with SAS RAID storage. This a service provided and paid for by us to protect your data and is governed by the Sync terms and conditions which can be viewed at https://www.sync.com/terms/. Sync’s registered office is 105-155 Gordon Baker Road, Toronto, Ontario, M2H 3N5, Canada.

6.2 You are not required to register with Sync in order to use our Service, but you must be over 18 years old.

6.3 Files including but not limited to documents, videos and photos, will be transferred and stored using Sync.

6.4 You will have upload and view access to a password protected folder in Sync that contains the information relating to your child. We reserve all edit access rights.

6.5 We do not permit you to share your link or password access with any other person or with multiple users or organisations on any network.

6.6 You are responsible for keeping your password(s) secure. We accept no responsibility for your use of your password as defined in 6.5 above.

6.7 The personal information held on Sync is covered under our “Privacy and GDPR Statement” (summarised in Section 15 of these Terms and provided in full on the Website) as well as any video/photo upload in accordance with 16.3.

6.8 We have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to Sync constitutes a violation of their intellectual property rights, or of their right to privacy.

6.9 We will not be responsible for, or liable to any third-party, for the content or accuracy of any materials posted by you to Sync.

6.10 You are prohibited from posting or transmitting to or from Sync any material:

  • That is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience,
  • For which you have not obtained all necessary licenses and/or approvals,
  • Which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability or otherwise be contrary to the law of or infringes the rights of any third-party, in any country in the world, or
  • Which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software of technologically harmful data).

6.11 You may not misuse Sync in any way (including, without limitation, hacking into the Sync) or interfere with any other person’s use of Sync or attempt to gain unauthorised access to Sync, the server on which Sync is stored or any server, computer or database connected to Sync. You must not attack Sync via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you would commit a criminal offence.

6.12 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, or data or other proprietary material due to your use of Sync or to your downloading of any material posted on it.

6.13 We shall have absolute discretion for making any determination in respect of visitor material and conduct and if we have any reason to believe that there is or is likely to be a breach of security or misuse of Sync by you, your use of Sync may be suspended or terminated by us with no notice.

6.14 We shall fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of paragraph 6.10 or acting in breach of paragraph 6.11.

6.15 We take no responsibility for any loss of personal data on devices that have had either physical or software modification. This includes ‘Rooted’ devices and any non-factory standard upgrades.

6.16 All document and materials made available to you in Sync are subject to the limitations detailed in Section 16 of these terms.

6.17 If you wish to have us delete material from Sync you are free to request us to do so in writing acknowledging that no other copy of the material is available and deletion will result in the permanent loss of access to documents and materials you have paid for.

7.1 Pabau, including Pabau app, is used to provide a secure cloud-based clinical management service which has Cyber Essential Certification and complies with the Data Protection Act 2018. This a service provided and paid for by us to protect your data and is governed by the Pabau GDPR statement which can be viewed at https://www.pabau.com/gdpr. Pabau’s registered office is 27 St Cuthbert’s, Bedford, MK40, UK.

7.2 You are required to register with Pabau in order to use our Service and you must be over 18 years old.

7.3 Files including but not limited to documents, videos, and photos, will be confidentially transferred, and stored within the Pabau system.

7.4 You will have view and edit access to your password protected profile in Pabau that contains the information relating to your child. We also reserve the right to access and edit records.

7.5 We do not permit you to share your link or password access with any other person or with multiple users or organisations on any network.

7.6 You are responsible for keeping your password(s) secure. We accept no responsibility for your use of your password as defined in 7.5 above.

7.7 The personal information held on Pabau is covered under our “Privacy and GDPR Statement” (summarised in Section 15 of these Terms and provided in full on the Website) as well as any video/photo upload in accordance with 16.3.

7.8 We have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to Pabau constitutes a violation of their intellectual property rights, or of their right to privacy.

7.9 We will not be responsible for, or liable to any third-party, for the content or accuracy of any materials posted by you to Pabau.

7.10 You are prohibited from posting or transmitting to or from Pabau any material:

  • That is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience,
  • For which you have not obtained all necessary licenses and/or approvals,
  • Which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability or otherwise be contrary to the law of or infringes the rights of any third-party, in any country in the world, or
  • Which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software of technologically harmful data).

7.11 You may not misuse Pabau in any way (including, without limitation, hacking into the Pabau) or interfere with any other person’s use of Pabau or attempt to gain unauthorised access to Pabau, the server on which Pabau is stored or any server, computer or database connected to Pabau. You must not attack Pabau via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you would commit a criminal offence.

7.12 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, or data or other proprietary material due to your use of Pabau or to your downloading of any material posted on it.

7.13 We shall have absolute discretion for making any determination in respect of visitor material and conduct and if we have any reason to believe that there is or is likely to be a breach of security or misuse of Pabau by you, your use of Pabau may be suspended or terminated by us with no notice.

7.14 We shall fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of paragraph 7.10 or acting in breach of paragraph 7.11.

7.15 We take no responsibility for any loss of personal data on devices that have had either physical or software modification. This includes ‘Rooted’ devices and any non-factory standard upgrades.

7.16 All document and materials made available to you in Pabau are subject to the limitations detailed in Section 16 of these terms.

7.17 If you wish to have us delete material from Pabau you are free to request us to do so in writing acknowledging that no other copy of the material is available and deletion will result in the permanent loss of access to documents and materials you have paid for.

8.1 Due to the bespoke nature of all PERSONALISED Products the usual fourteen (14) day cooling-off period for consumers in the European Union does not apply. This is applicable to the home-based initial assessment costing €150 and the home programme €350.

8.2 Therapy sessions cancelled and/or rescheduled by you with less than 48 hours notice remain payable in full.

8.3 If you miss an appointment without contacting us this is considered a No Show. After three (3) No Shows your child will be discharged from our service.

8.4 Therapy sessions cancelled by us at any time are 100% refunded unless you wish to book a different date in which case the fee will be transferred.

9.1 We reserve the right to terminate therapy and/or intervention with 48 hours notice.

9.2 If you wish to terminate therapy and/or intervention you are required to give us 48 hours notice in accordance with 8.2 above.

10.1 Refund for the assessment is available, minus a €40 admin fee, under certain circumstances. The assessment must be returned by post to:

Kate Beckett
Optima Speech Therapy
Wicklow House
Market Square
Wicklow
A67 W589

You must email hello@optimaspeechtherapy.com to confirm when the document has been posted back.

If videos have been submitted for assessment a refund will no longer be available.

10.2 We shall endeavour to ensure that the description(s) and picture(s) of the Products displayed on the Website are a true and accurate reflection, however they may vary in minor ways. Please note that how your computer displays colours may vary from the Product supplied.

10.3 Unless otherwise stated on the Website, prices of Products displayed on the Website shall be inclusive all postage within Ireland but exclusive of all postage outside of Ireland, handling, other delivery charges, and VAT or import costs in countries outside of Ireland. Postage costs shall be shown separately when any Product(s) are being purchased from the Website outside of standard Irish postage costs (such as expedited postage, including within Ireland).

10.4 TThe postage cost of the Initial Assessment is a standard rate. If the price is displayed incorrectly on the Website, you will be contacted by us and given the option to either a) cancel your order or b) complete your order at the correct price.

10.5 Prices and delivery charges are liable to change at any time, but changes will not retrospectively affect orders which we have already confirmed or orders for which we have quoted for within 14 days of the quotation email date.

10.6 We will endeavour to post all orders for Product(s) within the timescale stipulated in section 8 of these Terms. However, we cannot be held responsible for postal delays once the Product has been posted by us for delivery.

10.7 Payment for all Product(s) must be by credit/debit card or Paypal. We reserve the right to alter the list of acceptable payment cards at reasonable notice.

10.8 Payment for the Initial Assessment is detailed in Section 4 and includes a summary of the assessment findings and recommendations. An optional full report can be purchased at additional cost.

11.1 We are unable to offer refunds on any personalised Product due to the personalisation element of your Product, unless the Product is defective (see Section 13).

11.2 You are responsible for ensuring any personalisation options are correct at time of ordering as we cannot be held responsible for errors including misspellings or punctuation errors.

11.3 You are responsible for providing accurate information regarding the speech and/or language difficulty(ies) and associated relevant medical history. We cannot be held responsible if information is missing, inaccurate or misleading or for therapy decisions made based on the missing, inaccurate, or misleading information.

11.4 Special characters and symbols may not be printed on your final order. If you use any special characters or symbols, we cannot be held responsible for the special characters or symbols not being printed on your Product and you will not be entitled to a refund if this happens.

11.5 Due to the personalised nature of the Home Programme the price(s) listed are only indicative of costs and may vary depending on your specific needs. You will be advised in writing if the cost is different from that listed on the website and given the option of whether to go ahead with your purchase.

11.6 We shall endeavour to ensure that the description(s) and picture(s) of the Products displayed on the Website are a true and accurate reflection. However, they may vary in minor ways due to the personalisation of the Product for you. Please note that how your computer displays colours may vary from the Product supplied.

11.7 Unless otherwise stated on the Website, prices of Products displayed on the Website shall be inclusive all postage within Ireland but exclusive of all postage outside of Ireland, handling, other delivery charges, and VAT or import costs in countries outside of Ireland. Postage costs shall be shown separately when any Product(s) are being purchased from the Website outside of standard Irish postage costs (such as expedited postage, including within Ireland).

11.8 Prices and delivery charges are liable to change at any time, but changes will not retrospectively affect orders which we have already confirmed or order for which we have quoted for within 14 days of the quotation email date.

11.9 We will endeavour to post all orders for Product(s) within the timescale detailed in section 8. However, we cannot be held responsible for postal delays once the Product(s) have been posted by us for delivery.

11.10 Payment for all Product(s) must be by credit/debit card or Paypal. We reserve the right to alter the list of acceptable payment cards at reasonable notice.

11.11 Payment for the Home Programme is detailed in Section 4 and includes programme remote monitoring by us of the information you upload to your Sync folder. Uploading the biweekly check-ins is your responsibility. Monitoring is not possible if these forms are not uploaded.

12.1 We shall endeavour to ensure that the description(s) and picture(s) of the Products displayed on the Website are a true and accurate reflection, however they may vary in minor ways. Please note that how your computer displays colours may vary from the Product supplied.

12.2 Resources are available as downloadable soft copy or posted hard copy. It is your responsibility to ensure you select and pay for the correct resource.

12.2.1 Once payment has completed you will be emailed a link for instantly downloadable products.

12.2.2 Unless otherwise stated on the Website, prices of Products displayed on the Website shall be inclusive all postage within Ireland but exclusive of all postage outside of Ireland, handling, other delivery charges, and VAT or import costs in countries outside of Ireland. Postage costs shall be shown separately when any Product(s) are being purchased from the Website outside of standard Irish postage costs (such as expedited postage, including within Ireland).

12.3 Prices and delivery charges are liable to change at any time, but changes will not retrospectively affect orders which we have already confirmed or orders for which we have quoted for within 14 days of the quotation email date.

12.4 We will endeavour to post all orders for Product(s) within the timescale stipulated in Section 13 of these Terms. However, we cannot be held responsible for postal delays once the Product has been posted by us for delivery.

12.5 Payment for all Product(s) must be by credit/debit card or Paypal. We reserve the right to alter the list of acceptable payment cards at reasonable notice.

13.1 Postage of your Product/s will be no later than 10 days after payment (detailed in Section 4) has been received unless we advise you otherwise via email.

13.2 Postage will be via An Post’s Registered Post service unless otherwise agreed in writing. See https://www.anpost.com/Post-Parcels/Sending/Postal-Rates/Registered-Post for details.

13.3 We cannot be held responsible for postal delays once the Product has been posted by us for delivery.

13.4 The Product leaves our responsibility from the time of postage.

13.5 You are responsible for inspecting any Product you purchase within 24 hours after delivery and notifying us if you consider it is defective. If a Product is defective you are entitled to ask us to supply a replacement Product free of charge.

13.6 We will require you to return a defective Product to us. You will be responsible for paying the cost of returning the defective Product to us, but we will refund you the cost of doing so (unless we deem the Product is not in fact defective) on receipt and proof of postage costs. We reserve the right to determine what constitutes as a defective Product.

13.7 We will endeavour to resolve any complaint within fourteen days of receipt but depending on the circumstances it may take us longer to reply. If we anticipate a reply will take longer than fourteen days we will let you know. If your product is defective or you believe you are due a refund, please contact us on hello@optimaspeechtherapy.com

14.1 To make an enquiry you are required to enter your and your child’s personal details on the Website. To do this you must be over 18 years old and have the legal right to provide personal details about the child.

14.2 Each enquiry is for a single child only. We do not permit you to combine payments, enquiries or referrals on one form submission on any network.

14.3 After sending us an enquiry you will be contacted using the email you provided with the preliminary answers to any queries you may have, and with an offer of the available Services/Product (see Section 4).

14.4 You must ensure that the details that you provide on enquiry, or at any time, are correct and complete. You must inform us immediately of any changes to the information that you provided by emailing us at hello@optimaspeechtherapy.com

15.1 In order to provide the Services and Products available through the Website, we will hold personal information relating to you and your child. We have obligations regarding your personal information in relation to Data Protection Act 2018 and General Data Protection Regulation 2016.

15.2 BBy providing personal information to us regarding you and your child you agree to us using it in accordance with our “Privacy and GDPR Statement” which can be found on the Website for the operation of the Website and provision of Products and Services to you.

15.3 Where you are providing personal information to us about another person or child you are confirming to us that you have the consent where applicable to provide their personal information or legal rights over the child’s care to do so.

15.4 The personal information you provide to us is securely stored in Sync and/or Pabau – see Sections 6 and 7.

15.5 All records and data relating to the Product(s) and/or Service(s) provided to you remain the property of Optima Speech Therapy.

15.6 Your personal payment details are directed through Swipe or Paypal and are not accessible or stored by us.

15.7 The accuracy of the personal information we hold about you and your child is dependent upon the accuracy of the information that you provide to us. We will not verify personal information and we shall not be responsible for errors or problems that arise as a result of inaccurate information submitted by you.

15.8 Cookies. Cookies are small text files. The website may place cookies on your computer when you visit the website. Cookies are used to make the website work, or to make it work more efficiently, and to provide useful information to the website operator. Details on how to delete cookies can be found on the internet.

15.9 Trustpilot – Automated Feedback Service (AFS) is an integration between Optima Speech Therapy’s business system and Trustpilot’s review invitation service. Trustpilot processes data on our behalf when sending out review invitations to customers of Optima Speech Therapy.

15.10 For further information please see our “Privacy and GDPR Statement” available on the Website.

16.1 Strictly for the sole purpose of personal use, you may download and print extracts from any of page(s) from the Website, Home Programme, or Resources under the following conditions:

16.1.1 You do not make any changes or modifications to anything from the Website, Home Programme, or Resources.
16.1.2 No part of the Website, Home Programme, or Resources is used separately from the corresponding Website, Home Programme, or Resources page.
16.1.3 Our copyright and trademark notices appear on all copies.

16.2 Unless otherwise stated, the copyright and other intellectual property rights in all material on the Website, Home Programme, and Resources are owned by us or attributed to the original source, and any use of extracts from the Website, Home Programme, or Resources other than in accordance with 16.1 for any purpose is strictly prohibited. Where you breach any part of the Terms, your permission to use the Website, Home Programme, or Resources shall automatically end and you must immediately destroy any extracts you have downloaded from the Website and materials from the Home Programme, Resources, Products and Services.

16.3 Subject to 16.1, no part of the Website, Home Programme, or Resources may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service or hard copy publication or distribution without our prior written permission.

16.4 With ‘Video Upload’ and ‘Photo Upload’ the original videographer/photographer of the video/image retains the copyright of the material. It is your responsibility to ensure that you obtain permission of the copyright owner to use any video/image you do not own. We will not be held responsible if any video/image you upload or download infringes any third-party rights. If we incur any costs (such as legal costs) or become liable to make any payment to a third-party (such as damages) because an image you upload or download infringes someone else’s rights you agree that you will refund to us those costs and payments.

16.5 Any rights not expressly granted in these Terms are reserved for our sole and exclusive benefit.

17.1 We shall endeavour to ensure that access to and use of the Website is available 24 hours a day. However, access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control, and we shall have no liability whatsoever if for any reason the Website is unavailable at any time or for any period.

18.1 Other than personal information which is covered under our “Privacy and GDPR Statement” (and summarised in Section 15 of these Terms and provided in full on the Website) and any video/photo upload in accordance with Section 16, any material you transmit or post to the Website shall be considered non-confidential and non-proprietary. We shall have no obligations with respect to such material. We shall be free to use, copy, disclose, distribute, incorporate, and otherwise use such material and all data, images, sound, text, and other things embodied therein 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 Website constitutes a violation of their intellectual property rights, or of their right to privacy.

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

18.3 You are prohibited from posting or transmitting to or from the Website any material:

18.3.1 That is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience,
18.3.2 For which you have not obtained all necessary licenses and/or approvals,
18.3.3 Which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability or otherwise be contrary to the law of or infringes the rights of any third-party, in any country in the world, or
18.3.4 Which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software of technologically harmful data).

18.4 You may not misuse the Website in any way (including, without limitation, hacking into the Website) or interfere with any other person’s use and enjoyment of the Website or attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you would commit a criminal offence.

18.5 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 programmes, or data or other proprietary material due to your use of the Website or to your downloading of any material posted on it, or on any website linked to it.

18.6 We shall have absolute discretion for making any determination in respect of visitor material and conduct and if we have any reason to believe that there is or is likely to be a breach of security or misuse of the Website by you, your use of the Website may be suspended or terminated by us.

18.7 We shall fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or location of anyone posting any material in breach of paragraph 18.3 or acting in breach of paragraph 18.4.

18.8 We take no responsibility for any loss of personal data on devices that have had either physical or software modifications. This includes ‘Rooted’ devices and any non-factory standard upgrades

19.1 Speech and Language Therapist is a registered protected title and requires compliance with the CORU Code of Professional Conduct and Ethics (https://coru.ie). It is a requirement of all registrants to report to the appropriate authorities any concerns regarding the welfare of a child or vulnerable persons. We are bound by our registrant responsibilities and will report any concerns we encounter during provision of the Service to the authorities.

19.2 We will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity and location of persons for further investigation. This may include but is not limited to surrendering items such as documents, videos, photos, audios and communications to the authorities as part of an investigation.

19.3 Professional Indemnity Insurance is a requirement of CORU registrants. We are fully insured in compliance with this stipulation.

20.1 Unless otherwise specified by you, we may on occasion use including but not limited to anonymised video, photo, audio and feedback for promotional use.

20.2 This is optional and your consent is sought in the Self-Referral Form.

20.3 You may withdraw consent from future use of specified files in writing by emailing us at hello@optimaspeechtherapy.com.

21.1 The Website includes hyperlinks to third-party websites. These are provided solely for your information and convenience. If you use a hyperlink you will leave the Website. If you decide to access any third-party website(s) using hyperlinks on the Website, you do so entirely at your own risk.

21.2 We do not review any third-party websites which are accessed from hyperlinks placed on the Website and we do not control and are not responsible for any third-party websites including their content or availability, or any loss or damage that you suffer from your use of them. We therefore do not endorse or make any claims about third-party websites, any material found on them or any results that may be obtained from using them.

22.1 We may from time to time extend promotions whereby a discount will be available when purchasing a specific Product on the Website. We reserve the right to withdraw this offer at any time without notice.

23.1 We, our directors, employees and/or any other party involved in creating, producing, maintaining, or delivering the Website will not be liable to you in connection with the use, inability to use or the results of the Website, any websites linked to the Website or the material on such websites.

23.2 We, our directors, employees and/or any other party involved in creating, producing, maintaining, or delivering the Product will not be liable to you in connection with the use, inability to use or the results of the Product, any Products linked to the Product or the material supplied with such Products.

23.3 While we take reasonable steps to ensure the Website is virus and error free we do not guarantee this. You are responsible for protecting your computer equipment from virus and similar threats (for example by using anti-virus software and firewall protection). You should not use the Website if you are not satisfied with this provision.

23.4 In no event shall our total liability to you for all and any damages, losses, and causes of action exceed the amount paid by you, if any, for accessing the Website, purchasing the Products and/or using the Services provided via the Website.

23.5 If you do not understand anything in this section or need more information, please contact us at hello@optimaspeechtherapy.com. Depending on your question, we may suggest you take independent advice via Citizens Information via citizensinformation.ie or 0761 07 4000.

24.1 While we shall endeavour to ensure that the information on the Website is true and correct, we do not confirm the accuracy and completeness of the material on the Website other than to the extent it is a Product or Service description. We may make changes to the material on the Website, or to the Services, the Product and/or prices described on the Website, at any time and without notice. Material on the Website may be out of date, and we make no commitment to update such material other than to the extent it is a Product or Service description.

25.1 Applicable laws require that some of the information or communications we send to you should be in writing. When using the Website, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on the Website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notice, information and other communication that we provide to you electronically comply with any legal requirement that such communications be in writing. All communications, oral and written materials, Products and Services will be in English.

26.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Terms that is caused by events outside our reasonable control (“Force Majeure Event”).

26.2 Our performance under the Terms is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. When possible, we will attempt to find a solution by which our obligation under the Terms may be performed despite the Force Majeure Event.

26.3 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control including but not limited to the following:
26.3.1 Strikes, lock-outs or other industrial action,
26.3.2 Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war,
26.3.3 Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster,
26.3.4 Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport,
26.3.5 Impossibility of the use of public or private telecommunication networks,
26.3.6 The acts, decrees, legislation, regulations or restrictions of any government,
26.3.7 Pandemic or epidemic.

27.1 If either we or you fail to insist upon strict performance of any obligations of the other under these Terms, or if we or you fail to exercise any of the rights or remedies to which we or you are entitled under these Terms, this will constitute a waiver of such rights or remedies and not relieve the other party from compliance with such obligations.

27.2 A waiver of any fault will not constitute a waiver of any fault.

27.3 No waiver of any of these Terms will be effective unless it is expressly stated to be a waiver and is communicated in writing.

28.1These Terms set out the basis of our contract. To protect your own interests please read the Terms carefully before ordering. If you are uncertain as to your rights under them or you want any explanation about them, please contact us for clarification at hello@optimaspeech.com. If you agree anything with our staff which is different from these Terms and Conditions, then please ensure you ask for this to be put in writing. In that way, we can avoid any problems surrounding what you and we are expected to do.

29.1 If any paragraph or sub-paragraph of these Terms is held by a competent authority to be invalid or unenforceable the validity of the other paragraphs and sub-paragraphs of these Terms shall not be affected and they shall remain in full force and effect.

30.1 A person who is not party to these Terms shall not have any right under or in connection with them under the Irish Privity of Contract Rules.

31.1 All other communication should be provided to Optima Speech Therapy at hello@optimaspeechtherapy.com

32.1 The Website, Products and Services cannot be replicated, reproduced, or duplicated for use by any other person/persons/organisation. The Product(s) and/or Service(s) provided by us are personalised and individualised to you/your child based on the information you provide to us. We are not responsible if you do not declare information that may impact on the therapy approach or targets used for the Product(s) and/or Service(s). The Product(s) and/or Service(s) are intended for the specified individual and we are not responsible if you offer your purchased Product(s) and/or Service(s) to another individual other than that which it was intended for. Therapy results may be considered subjective and we make no guarantee of improvement or cure from the use of our Product(s) and/or Service(s). We provide these Product(s) and/or Service(s) based on clinical practice. Direct therapy with a Speech and Language Therapist is the gold standard for treatment. This Product and Service is an alternative for parents/carers by choice or where access and availability does not allow direct intervention.

If you do not understand anything in these Terms or need more information please contact us at hello@optimaspeechtherapy.com.

My Mission

Empowering parents with an original, proactive and easy-to-use service for speech therapy.

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