Terms and conditions
The Terms and Conditions apply to all users of the Services, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
Please read these Terms and Conditions carefully before accessing or using our Services. By accessing or using any part of the Services, you agree to comply with these Terms and Conditions. If you do not agree to the Terms and Conditions, you may not access the Services. If the Terms and Conditions are considered an offer, acceptance is expressly limited to these Terms and Conditions.
Any new features and/or tools that are added to the current store shall also be subject to the Terms and Conditions. You can review the current version of the Terms and Conditions at any time on this page. We reserve the right to update, change or replace any part of these Terms and Conditions by posting updates and/or changes to our Services. It is your responsibility to check this page continuously for updates and changes. Your continued use of or access to the Services following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Your Hosting B.V.. They provide us with the online platform that allows us to sell our products and Services to you.
SECTION 1 – ONLINE STORE TERMS
By agreeing to these Terms and Conditions, you represent that you are at least the legal age of majority in your state or province of residence, or that you are the legal age of majority in your state or province of residence and you have consented to allow any of your minors to use the Service.
You may not use our products for any illegal or unauthorized purpose. Nor may you, in the use of the Service, violate any laws, regulations and guidelines in any jurisdiction (including but not limited to copyright laws).
You are prohibited from transmitting or integrating any worms or viruses or any code of a destructive or malicious nature.
A breach or violation of any of the Terms will result in an immediate termination of your Service and we may immediately take corrective action, including preventing you from using the Service, at any moment and without notice. If we have been affected or injured by your violation we may, in our sole discretion, seek to recover damages from you.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse Services to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfers over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact where the Service is provided, without express written permission by us.
The headings used herein are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We disclaim the responsibility for any of the information made available on the Site or the application for the Service turning out to be inaccurate or incomplete. The material available in connection with the Service is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material from the Service is at your own risk.
This Site, the application or the Services itself may contain certain historical information. Historical information is not necessarily up-to-date and is provided for reference only. We reserve the right to modify the contents at any time, but we have no obligation to update any information on our Site, in the application or in our Services. You agree that it is your responsibility to monitor changes to our Services.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products and Services may be subject to revisions from time to time. Furthermore, we reserve the right, at any point in time and without notice, to update our price plan for Services offered including the usage of our application, dashboard or any other future Service offered by Wind Tales. In such case, you may chose not to continue the use of the Service(s) currently in use by you by not paying the new price for the Service(s) and you have no right to claim the right to usage of any of the Services for no or the same rate as applicable before the change took effect.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 – PRODUCTS OR SERVICES (if applicable)
Certain products or Services may be available exclusively through the Site. For more information on the intended use, warranties etc. for our Games or other products, please see Appendix 1. These products or Services may have limited quantities and are subject to return or exchange only according to our return procedures, please see Appendix 1.
We have made every effort to display the colors and images of our products that appear in the store as accurately as possible. We cannot guarantee that your computer monitor will display the color accurately and thus the colors and image displayed on your computer monitor may differ from what the product looks like in reality.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products or product pricing are subject to change at any time without notice and at our sole discretion. We reserve the right to discontinue any product or Service at any time. Any offer for any product or Service made available is void where prohibited.
We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 – INTELLECTUAL PROPERTY RIGHTS
Wind Tales has and will retain all ownership rights, including but not limited to intellectual property rights, to all content and all aspects of the Site, in the application, Services and products. Neither title nor intellectual property rights are transferred to you by use of or access to the Services.
You are allowed to access and use the Services and any and all information therein solely for your personal and non-commercial use.
The materials contained in the Services may not be used except as provided in these Terms Service. You may not distribute, modify, adapt, transmit, translate, reuse, repost, reproduce, copy, display, republish, upload or further use any of the information in the Services in any manner whatsoever without the prior written permission of Wind Tales. Moreover, you may not use any of the information made available in the Services for commercial purposes.
Except as otherwise permitted in this paragraph, Wind Tales neither warrants nor represents that your use of materials displayed in the Services will not infringe rights of third parties not owned by or affiliated with Wind Tales. With the exception of the foregoing limited authorization, no license to or right in the information, or any copyright of Wind Tales or of any other party is granted or conferred to you.
These Services may contain or reference proprietary information, technologies, products, processes or other proprietary rights of Wind Tales and/or other parties. No license to or right in any such trademarks, patents, trade secrets, know-how, technologies, products, processes and other proprietary rights of Wind Tales and/or other parties is granted to or conferred upon you.
SECTION 7 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to decline any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole opinion, appear to be placed by dealers, resellers or distributors.
You agree to provide up-to-date, relevant, complete and accurate purchase and account information for all purchases made through our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, in order for us to complete your transactions and contact you when needed.
For more details, please review our Returns Policy.
SECTION 8 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge, agree and accept that we provide access to such tools ”as is” and “as available” and thus without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the Services is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the Wind Tales’ Services (including, the release of new tools and resources) and any such new features and/or services shall also be subject to these Terms and Conditions.
SECTION 9 – THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links in the Services may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be made directly to the third-party.
SECTION 10 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation, to monitor, edit or remove content that we, in our sole discretion, determine are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms and Conditions.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or Products. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 11 – PERSONAL INFORMATION
If you send information or material to us or post information or materials via the Services, you are solely responsible to ensure that you are allowed to take such actions and that your actions will not infringe any other party’s rights. You acknowledge and accept that Wind Tales automatically and immediately upon receipt thereof is given an eternal, non-exclusive, royalty-free, transferable and sub-licensable license to such information and materials, with full and free right of disposal, including but not limited to the right to make changes, including removal, and publications of the information and materials.
You agree to indemnify Wind Tales and keep us indemnified against all costs, claims, damages or expenses incurred by Wind Tales, or for which Wind Tales may become liable, with respect to any intellectual property infringement claim or other claim relating to information or material you send to Wind Tales or post in the Services.
Wind Tales may, but is not necessarily required to, remove any content that Wind Tales at its sole discretion feels violates these Terms and Conditions.
SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information made available via our Services or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Services or on any related Product are inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Services or on any related Product or Site, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related Product or Site, should be taken to indicate that all information in the Service or on any related Product or website has been modified or updated.
SECTION 13 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms and Conditions, you are prohibited from using the Services or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any national, international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related Product or Site, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related Product or Site, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related Product or website for violating any of the prohibited uses and if we have been affected or injured by your prohibited use of the Site, products and/or Services we may, in our sole discretion, seek to recover damages from you.
SECTION 14 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
You agree that from time to time we may remove the Service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through the Service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either expressed or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Wind Tales, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. With respect to states or jurisdictions that do not allow the exclusion or the limitation of liability for consequential or incidental damages, our liability shall be limited to the maximum extent permitted by law.
SECTION 15 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Wind Tales and our parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms and Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 16 – SEVERABILITY
In the event that any provision of these Terms and Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 17 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms and Conditions are effective unless and until terminated by either you or us. You may terminate these Terms and Conditions at any time by notifying us that you no longer wish to use our Services, or when you cease using our Services.
If we, in our sole discretion, determine that you have failed, or we suspect that you have failed, to comply with any term or provision set out herein, we may also terminate these Terms and Conditions at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or deny you access to our Services (or any part thereof) accordingly.
SECTION 18 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
These Terms and Conditions and any policies or operating rules posted or made available by us in the Services or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms and Conditions).
Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.
SECTION 19 – GOVERNING LAW
These Terms and Conditions and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the Dutch laws, notwithstanding any principles of conflicts of law.
SECTION 20 – CHANGES TO Terms and Conditions
You can review the current version of the Terms and Conditions at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms and Conditions by posting updates and changes to our Services. It is your responsibility to check our Services periodically for changes. Your continued use of or access to our Services or the Service following the posting of any changes to these Terms and Conditions constitutes acceptance of those changes.
SECTION 21 – CONTACT INFORMATION
Questions about the Terms and Conditions should be sent to us at firstname.lastname@example.org
Appendix 1 – Use of the Product, Wind Tales / Sparky games
INDICATIONS OF USE
Sparky is intended to support the use of a spirometer as game controller and to learn inspiratory and expiratory breathing maneuvers. Sparky can be used to learn to perform a forced expiratory maneuver.
Wind Tales is intended to support respiratory physiotherapy breathing exercises. The game can be used to improve therapy compliance for persons with diseases affecting the lung function, such as Cystic Fibrosis
Wind Tales / Sparky is intended to be used by:
Healthcare professionals trained to perform respiratory physiotherapy or spirometry tests on patients of all ages, who are capable of performing such a spirometry test.
Adults trained by healthcare professionals or through self-learning who understand how to perform respiratory physiotherapy or a high quality spirometry test.
Competent adult assisting a child, who is capable of performing breathing exercises or the spirometry test, with indicative use in home settings. Any diagnosis shall only be done by a healthcare professional so home use is only for indicative and learning purpose
LIMITATIONS OF USE & CONTRAINDICATIONS
Exercises and training should only be carried out when the user is at rest (i.e. does not experience shortness of breath) and in good health, and thus in a suitable condition to play the game.
An analysis of the learning, training, exercise and game play results is not sufficient to make a diagnosis of a clinical condition. Result interpretation and suggested treatment must be provided by a physician.
A correct game play depends on the user’s capability to inhale and exhale air and all air completely and as fast as possible. If these fundamental conditions are not respected then the results obtained during playing will not be accurate, and therefore cannot be used for interpretation.
The safe use of the game is responsibility of the user. Special attention should be given when the elderly, disabled and children are playing.
The game should never be used when it is possible or probable that the functionality of the game may be compromised due to any external factors.
Some conditions may pose a relative danger to a player by using the game or affect the accuracy of game results. These include but are not limited to the following: unstable cardiovascular status, unstable angina, recent myocardial infarction (within one month) or pulmonary embolism, haemoptysis of unknown origin, recent pneumothorax, thoracic, abdominal or cerebral aneurysms, recent thoracic, abdominal or eye surgery, acute disorders such as nausea or vomiting, severe respiratory distress, physical limitations, cognitive impairment, dementia.
The Software will conform in all material respects to its Specifications for the warranty period of ninety (90) days, provided that Customer maintains a software release level within one major release of the most current release of the Software. Customer’s sole remedy and Wind Tales’ sole obligation under the foregoing warranty shall be for Wind Tales to use commercially reasonable efforts to correct any substantial nonconformity of the Software reported to Wind Tales’ authorized service or support representative by Customer during the warranty period. The foregoing warranty shall not apply to any failure to conform by the Software that is caused by (a) the use or operation of the Software in an environment other than that intended or recommended by Wind Tales in the applicable Documentation, (b) modifications to the Software not made or authorized by Wind Tales, or (c) third party hardware or software, provided by any third party and not authorized by Wind Tales for use with the Software. In addition, the foregoing warranty shall not apply to any Software which has been used with any third party hardware or software not authorized by Wind Tales for use with the Software
This warranty contains the entire agreement between you and Wind Tales with respect to any warranty matters, and supersedes any and all other written or oral statements, representations or agreements relating to the subject matter of this warranty, except that (if applicable) the terms and conditions of any other warranty or service agreement between you and Wind Tales that explicitly supplements or incorporates, and does not replace or modify the terms and conditions of this warranty
To the extent any other warranty or service agreement between you and Wind Tales expressly replaces or modifies the terms and conditions of this warranty, such replaced or modified terms shall not apply unless accepted by you (or your distributor, if applicable) and Wind Tales in a signed writing. If you purchased Products from a party other than Wind Tales, Wind Tales reserves the right to require proof of purchase to verify the timeliness of your request.
Any and all disputes arising out of or relating to the purchase or use of Wind Tales’ Products, including any warranty claims, will be governed by the laws of the Netherlands without regard to conflicts of laws principles.
Any action arising out of or relating to our Products must be brought only to the local court in Roermond, the Netherlands, and by accepting our Products you hereby consent to the personal jurisdiction of such courts and agree not to raise any argument of lack of personal jurisdiction or inconvenient forum or otherwise attempt to transfer such action from, or dispute the jurisdiction of, such courts.
You are required to arrange for and pay the shipping charges to return any defective products to Wind Tales. Wind Tales will arrange for and pay ground shipping charges for all products replaced or returned to you within Europe. Any other shipping charges are your responsibility. Wind Tales does not offer on-site service to repair any defective products or to resolve any problems relating to the use of replacement products.