Terms and Conditions
Terms and Conditions This agreement applies as between you, the User of this
Website, dollarcasts.com and Nejo Studios, the owner of the product DollarCasts
operating at dollarcasts.com. 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 Website. If you do not agree to be bound by these Terms and Conditions,
you should stop using the Website immediately. No part of this Website 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 Our sending a confirmation email to you indicating that you have purchased
1) Definitions and Interpretation
In this Agreement the following terms shall have the
means collectively the personal information, Payment Information and
credentials used by Users to access Paid Content and / or any communications
System on the Website dollarcasts.com or its distribution channel, mysoundwise.com.
made for audio content on dollarcasts.com or its distribution channel,
any text, graphics, pdfs, 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 dollarcasts.com or is made available by
dollarcasts.com on its distribution channel mysoundwise.com; Facilities: means
collectively any online facilities, tools, services or information that Nejo
Studios makes available through the Website either now or in the future;
the audio content including audiobooks, audio courses, series, albums, shows
and podcasts that are available for sale by DollarCasts on dollarcasts.com or its
distribution channel mysoundwise.com.
Payment Information: means
any details required for the purchase of any product that is available for sale
on the DollarCasts.com website or by Dollarcasts on mysoundwise.com. This includes, but is not limited to, credit /
debit card numbers, bank account numbers and sort codes;
Means Our place(s) of business.
any online communications infrastructure that Nejo Studios makes available
through the Website either now or in the future. This includes, but is not
limited to, web-based email, message boards, live chat facilities and email
User / Users: means
any third party that accesses the Website and is not employed by Nejo Studios and
acting in the course of their employment. Website: means
the website that you are currently using (www.dollarcasts.com) and any
sub-domains of this site unless expressly excluded by their own terms and
conditions; and any content owned by DollarCasts on the DollarCasts Publisher
page located at: https://mysoundwise.com/publishers/1618354452953p.
means Nejo Studios, a registered Canadian company.
Age Restrictions Persons under the age of 18 should use this Website only with the supervision
of or 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 the Website dollarcasts.com or https://mysoundwise.com/publishers/1618354452953p,
unless uploaded by Users, including, but not limited to, text, graphics,
logos, icons, images, sound clips, video clips, data compilations, page
layout, underlying code and software is the property of Nejo Studios, Our
affiliates or other relevant third parties. By continuing to use the
Website 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 the Website unless otherwise
indicated on the Website or unless given Our express written permission to
3) Third Party Intellectual Property
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.
to Clause 6 you may not reproduce, copy, distribute, store or in any other
fashion re-use such material unless otherwise indicated on the Website or
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 Website 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) This Website 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 this Website
6.1) Those wishing to place a link to this Website on other sites may do so
only to the home page of the site www.dollarcasts.com or https://mysoundwise.com/publishers/1618354452953p,
without Our prior permission. Deep
linking (i.e. links to specific pages within the site) requires Our express
written permission. To find out more please contact Us by email at firstname.lastname@example.org.
7) Communication and use of Communications Facilities
7.1 The language of communication of the dollarcasts.com
website 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.
using any System on the Website 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, 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 romance, related to adult sexual relationships 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
You must not use a false name or no name on your registration, payment
form, purchase, subscription or account.
7.92 You must not use Our System for unauthorized mass-communication such as
"spam" or "junk mail" or “link spam”.
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, 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
order to procure Services on this Website 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 Website as We may not require payment information until
you wish to make a purchase. By continuing to use this Website 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
8.4 you will keep this information accurate and up-to-date. Your creation of
an Account is further affirmation of your representation and warranty.
8.5 It is
recommended that you do not share your Account details, particularly your
username and password. We accept no liability for any losses or damages
incurred as a result of your Account details being shared by you. If you
use a shared computer, it is recommended that you do not save your Account
details in your internet browser.
8.6 If you
have reason to believe that your Account details have been obtained by
another person without consent, you should contact Us immediately to
suspend your Account and cancel any unauthorized orders or payments that
may be pending. Please be aware that orders or payments can only be
cancelled up until provision of Services has commenced. In the event that
an unauthorized provision commences prior to your notifying Us of the
unauthorized nature of the order or payment then you shall be charged for
account and credentials can only be used to log in to one device at a
time. If you are logged in to more than one device, you will be logged out
of each additional device and will be advised of this with a warning
message on the screen.
choosing your username, you are required to adhere to the terms set out
above in Clause 9. Any failure to do so could result in the suspension
and/or deletion of your Account.
9) Termination and Cancellation of Accounts
Nejo Studios or you may terminate your Account. If We terminate your
Account, you will be notified by email and an explanation for the
termination will be provided. Notwithstanding the foregoing, we reserve
the right to terminate without giving reasons.
9.2 If We
terminate your Account, any current or pending orders or payments on your
Account will be cancelled and provision of Services will not commence.
10) Services, Pricing and Availability
10.1 Whilst every effort has been made to ensure that all general descriptions
of Services available from Nejo Studios correspond to the actual Services
that will be provided to you, we are not responsible for any variations
from these descriptions as the exact nature of the Services may vary
depending on your individual requirements and circumstances. This does not
exclude Our liability for mistakes due to negligence on Our part and
refers only to variations of the correct Services, not different Services
altogether. Please refer to sub-Clause 13.8 for incorrect Services.
10.2 Where appropriate, you may be required to select the required Plan of
10.3 We neither represent nor warrant that such Services will be available at
all times and cannot necessarily confirm availability until confirming
your Order. Availability indications are not provided on the Website.
10.4 All pricing information on the Website is correct at the time of going
online. We reserve the right to change prices and alter or remove any
special offers from time to time and as necessary.
10.5 In the event that prices are changed during the period between an order
being placed for Services and Us processing that order and taking payment,
then the price that was valid at the time of the order shall be used.
10.6 If after placing the order, laws or government requirements change that
require us to charge tax to a plan that originally did not include tax,
the customer will be required to begin paying taxes on their monthly
subscription in order to allow us to meet our legal requirements.
11) Orders and Provision of Services
11.1 No part of this 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
an order confirmation email. Only once We have sent you an order
confirmation email will there be a binding contract between Nejo Studios
11.2 Order confirmations under sub-Clause 13.1 will be sent to you before the
Services begin and shall contain the following information:
11.21 Confirmation of the Services ordered including full details of the main
characteristics of those Services;
11.2.2 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.
11.2.3 Relevant times and dates for the provision of the Services;
11.2.4 User credentials and relevant information for accessing those services.
11.3 If We, for any reason, do not accept your order, no payment shall be taken
under normal circumstances. In any event, any sums paid by you in relation
to that order will be refunded within 14 calendar days.
11.4 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 for charges accrued
during the previous month AND/OR as indicated in the order confirmation
11.5 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.
11.6 Nejo Studios shall use all Our reasonable endeavors to provide the
Services with reasonable skill and care, commensurate with best trade
11.7 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. 11.8 Nejo Studios provides technical support only via our online contact form
or live chat. In certain circumstances you may also need support from our
content delivery partner, mysoundwise.com. 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
12.1 Nejo Studios’ DollarCasts, operating at dollarcasts.com
is a digital non-refundable product.
12.2 Partial or complete refunds shall not be granted by Nejo Studios 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, each
visitor to the dollarcasts.com website is required to:
12.3 Read the product description located on the product’s
page and the pricing information located at https://mysoundwise.com/publishers/1618354452953p.
12.4 Listen to the product’s trailer and free first chapter, first lesson or first
episode, which is available for every product sold at https://mysoundwise.com/publishers/1618354452953p.
12.5) Agree to the terms and conditions If you have any
additional questions about the product, please contact us prior to your
purchase through our contact form or live chat.
13) Product Access
13.1 The user will
have access to any product that they have purchased from DollarCasts as long as
their mysoundwise.com account remains open and the mysoundwise.com website is in
How We Use Your Personal Information (Data Protection)
14.1 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.
14.2 We may use your personal information to:
14.2.1 Provide Our Services to you;
14.2.2 Process your payment for the Services; and
14.2.3 Inform you of new products and services available from Us. You may
request that We stop sending you this information at any time.
·14.3 Your personal information will be shared with
our content distribution partner Soundwise, located at mysoundwise.com
14.4 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.
14.5 We will not pass on your personal information to any other third parties
without first obtaining your express permission.
15.1 We make no warranty or representation that the Website 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.
15.2 No part of this Website is intended to constitute advice and the Content of
this Website should not be relied upon when making any decisions or taking
any action of any kind. The content on this website is provided only to
provide entertainment, language learning or information that we have curated
from books and other sources. Our audio content may refer to past events
and should not be interpreted as current or up to date information used to
15.3 No part of this Website is intended to constitute a contractual offer
capable of acceptance.
15.4 Whilst We use reasonable endeavors to ensure that the Website 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.
16) Changes to the Facilities and these Terms and
16.1 We reserve the right to change the Website, its Content
or these Terms and Conditions at any time. You will be bound by any changes to
the Terms and Conditions from the first time you use the Website 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.
17) Availability of the Website
17.1 The Website 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 the Website or Facilities 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.
17.2 We accept no liability for any disruption or non-availability of the
Website 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
18) Limitation of Liability
18.1 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 the Website
or any information contained therein. You should be aware that you use the
Website and its Content at your own risk.
18.2 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.
18.3 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 Website.
18.4 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.
19) No Waiver
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.
20) Previous Terms and Conditions
20.1 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.
21) Third Party Rights
21.1 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 and Nejo Studios.
22.1 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.
22.2 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.
23) Law and Jurisdiction
and Conditions and the relationship between you and Nejo Studios shall be
governed by and construed in accordance with the Laws of Ontario, Canada and Nejo
Studios and you agree to submit to the exclusive jurisdiction of the Courts of