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Spellcaster App - Terms and Conditions

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE CREATING A SPELLCASTER ACCOUNT OR USING THE APP. BY REGISTERING OR USING THE APP, YOU AGREE TO THESE TERMS AND CONDITIONS.

1. Spellcaster Account

You create a Spellcaster Account when you register for the app. Creating a Spellcaster Account will require you to enter some personal information, including your name and a valid email. You will receive a confirmation email with login instructions.

Parents, including those who home school, are required to have an individual Spellcaster account and not share the same account with other parents. A school must have an individual Spellcaster account and not share the same account with other schools.

For the purposes of these terms:

- A school is defined as an educational institution providing a learning environment for students under the direction of teachers.

- A private tutor, home school parent, or home school group is not regarded as a school for the purposes of this definition.

- A professional private practice providing educational services and registered as a company or charity is regarded as a school under this definition.

2. Data Protection and Privacy

Spellcaster complies with applicable data protection regulations and has a clear privacy policy which is displayed wherever personal data is captured. The privacy policy details the data collected and how it is used. Spellcaster acts as a data processor, and the school or parent acts as the data controller. It is the responsibility of the school to ensure parental permission for a student to use the Spellcaster platform has been given.

3. User Eligibility and Consent

Spellcaster is designed for users between the ages of 9 and 15. If you are under 13, you must have parental consent to use the App. The Spellcaster Parent Portal gives parents the choice of consenting and the option to remove that consent. A verifiable record of this consent is maintained.

4. About a Spellcaster Subscription

Each Spellcaster Subscription requires an individual purchase which must be made from our official website. A Spellcaster Subscription can be played both at home and school by logging in with the Spellcaster Account email and password. You may not use a Spellcaster Subscription if you do not have an active subscription. You may not share, transfer, resell, or assign your Spellcaster Subscription or any of the licenses which are part of the subscription.

5. Automatic Renewal and Cancellation

A Spellcaster subscription will automatically renew at the end of the subscription period. Spellcaster will send a renewal reminder prior to the expiration, giving the subscriber the opportunity to cancel before renewal. The renewal amount may be different from the initial cost.

You may cancel your order up to 14 days from the date of purchase. Refunds are usually processed the same day but allow up to 14 days under applicable Consumer Protection Regulations. Access to a cancelled subscription will be stopped as soon as the refund is processed.

6. Acceptable Use

Harassment in any manner or form, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Spellcaster or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited.

You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law.

7. Intellectual Property

Spellcaster owns all materials that appear on this website and in the app including, but not limited to, any trademarks, trade names, slogans, logos, designs, graphics, pictures, images, text, code or other materials (hereafter called the "Content"). All such rights of Spellcaster are hereby asserted and reserved, and you may not make any unauthorized use of the Content.

8. Warranty and Liability

All our products undergo extensive testing. However, Spellcaster does not warrant that the operation of your Spellcaster Subscription will be uninterrupted or error-free or that defects will be corrected. From time to time, your Spellcaster Subscription will be unavailable to enable Spellcaster to implement essential maintenance and improvements.

To the maximum extent permitted by law, Spellcaster excludes liability for any loss or damage of any kind arising out of your use of the Spellcaster app, or any information, data, materials, or other items you obtained from us, including without limitation any direct, indirect, punitive or consequential damages.

9. Technical Requirements

The Spellcaster Subscription requires an up-to-date web browser and internet connection. Cookies need to be enabled for the website domain.

10. Support

Please visit our official website and click the 'Help' item to find common solutions to technical problems. For email support, please contact [insert support email].

11. Updates to the Terms

Spellcaster reserves the right to change the benefits available under the subscription at any time without any notice to you. Spellcaster may make alterations to these Terms from time to time. These changes shall become effective immediately as soon as they are posted on our official website.

12. Governing Law and Jurisdiction

All Spellcaster terms and conditions shall be governed and construed in accordance with the laws of New Zealand to comply with distance selling and e-commerce regulations.

13. Agreement to These Terms

By completing a purchase, registering for the app, or by using the Spellcaster platform, you confirm that you agree to these Terms. If you do not agree, do not use the Spellcaster platform, do not purchase a Spellcaster Subscription or register for the app, or access any subscription benefits.

Last updated: 16 October 2024