Super Speak Online Learning Program/s Terms & Conditions (Terms of use)
Section A
1. By accessing or using Super Speak's online learning program/s, you warrant and represent to us that you have read, understand and agree to be bound by these terms & conditions. You are agreeing to be bound by these Terms of Use, all applicable laws and regulations and agree that you are responsible for compliance with any applicable local laws.
By proceeding, you agree to the terms of this agreement which will bind you. If you do not agree to these terms and conditions you are prohibited from using or accessing this site and must cease to continue the purchase of Super Speak's online learning program/s.
The materials contained in Super Speak online learning program/s are protected by applicable copyright and trademark law.
2. NO RE-USING OF CONTENT (SCHOOL WORKSHOPS)
If you are a school who have paid for access to a Super Speak online program, you are not permitted to use or re-use any of the course materials including student workbooks, videos, games, templates or content outside of the agreed period of time Super Speak has provided access to the students to the course. The content remains the intellectual property of Super Speak and is not to be shared or used by others within the school. It is solely to be used by the agreed student on the student list, and within the time period of use. If your school wishes to teach more students the course at any time, Super Speak would be happy to arrange a flexible plan to meet your schools needs & budget. Super Speak may monitor usage accordingly.
3. EXCLUSION OF COMPETITORS
If you are in the business of creating similar documents, goods or services for the purpose of providing them to users, either online or off-line, whether they be business users or domestic users, then you are a competitor of Super Speak. Super Speak excludes and does not permit you to use or access any Super Speak online learning programs or content, to download any documents or information from our online learning program/s, or obtain any such documents or information through a third party.
If you breach this term then Super Speak will hold you fully responsible for any loss that we may sustain and further hold you accountable for all profits that you might make from such unpermitted and improper use.
Super Speak reserves the right to exclude and deny any person access to our online learning portal, services or information in our sole discretion and will monitor user usage data accordingly. If Super Speak find our online program is being used by competitors, in part or full, Super Speak have the right & means to investigate the user/s further.
4. DO NOT SHARE CONDITION
Other parties other than the student whose name is registered on the program registration form are not permitted access to any content without registering themselves. This includes other siblings within the family or any person outside of the family that is not listed on the initial registration form. Super Speak reserves the right to exclude and deny any person access to our online learning portal, services or information in our sole discretion. If Super Speak find our online program being used, in part or full, or being shared with anyone using the course not for its intended purpose, Super Speak have the right to immediately cancel & investigate this user/s in question.
5. MONITORING USAGE
You understand that Super Speak will monitor student usage data including but not limited to IP addresses, devices used, locations plus other usage specific information. This will be used to ensure the terms of use are being met.
5. COPYRIGHT NOTICE
This website and the Online Courseand its contents are the copyright of Super Speak. Any redistribution or reproduction of part or all of the contents in any form is prohibited.
You may not, except with Super Speak’s written permission, distribute or commercially exploit any of this content. You may not transmit it or store it on any document or any other website or other form of electronic retrieval system. Super Speak expressly reserves all copyright and trademark in all documents, information and materials on the Super Speak website & all online learning programs and reserves the right to take action against you if you breach any of these terms.
SECTION B
GENERAL TERMS
1. Definitions
“Confidential Information” means information provided by one party to the other in written, video, audio, graphic, recorded, machine readable or any other form concerning the business, clients, suppliers, finances and other areas of the other party’s business or products, including, without limitation, to the Course Materials, but does not include information in the public domain other than through the default of the party disclosing the information, information required to be disclosed by any court or regulatory authority, or any information already in the possession or control of the disclosing party.
“Course Materials” means the information provided by Super Speak Pty Ltd to accompany a course or online learning program provided as part of the Services in hard copy or electronic form or via online portal.
“Fees” means the fees paid by you to Super Speak Pty Ltd for the Services.
“Intellectual Property Rights” means copyright, rights in or relating to databases, patent rights, performers’ rights, designs and registered designs, trademarks, rights in or relating to Confidential Information and other intellectual property rights (registered or unregistered) throughout the world.
“Online Course” means the delivery by us of an online course/program pursuant to which you learn course materials remotely.
“Services” means the provision of the Online Course and/or the Course Materials together with such other services as agreed from time to time and purchased by you through the Website or by telephone.
“Website” means www.superspeak.com.au
“you” means the individual purchasing the Services.
2. The Services
2.1. A description of the Services together with the dates on which the Services will begin are available on our Website. We will provide the Services with reasonable care and skill in accordance with the description set out on the Website.
2.2. We reserve the right to vary or withdraw any of the Services described on the Website without notice.
2.3 We expect you to confirm that the Services you are purchasing will meet your needs. We do not make any guarantee to you that you will obtain a particular result, professional qualification or employment opportunity from your purchase and completion of any of the Services.
3. Ordering Services
Purchasing Services via the Telephone or online
3.1. To purchase any of the Services on-line you must register for an account with us via the Website registration form. If you already have an account with us you can log into your account using your user name and password.
3.2. To purchase a Service over the telephone please call +61 3 9572 5249. You do not need to have registered for an account with us to purchase any of the Services over the telephone. You must, however, register for an account with us to access your course on-line.
3.3. When you place an order for a Service via the Website, or telephone you are offering to purchase the Services on these terms and conditions. Super Speak Pty Ltd reserves the right to cancel or decline your order or any part of your order at any time until it has been confirmed in accordance with clause 3.5 below.
3.4. Following receipt by us of your order for Services via the Website or on the telephone we will contact you confirming receipt of your order.
3.5. A legally binding agreement between us and you shall come into existence when we have:
(a) accepted your offer to purchase Services from us by sending you an email confirming the purchase; and
(b) received payment of the relevant Fees from you in accordance with clause 5 below.
4. All fees are for the amount of weekly lessons outlined in the program description as advertised on our website. For example, a program with “8 weekly lessons” is available for 8 weeks in total only. After the 8th week the student’s access to the program will no longer be available. Super Speak cannot extend access to the program beyond that period of time regardless whether the student has finished or not.
4. Cancellation
4.1. Subject to clause 4.2 below, where we have accepted / confirmed the Services being purchased by you and formed a legally binding agreement with you in accordance with clause 3.5 above, then you are only permitted cancellation by end of Lesson 1 module with proof that no knowledge has been gained, and that you have not completed any exercises from the Online Course, a decision will be made at the discretion of Super Speak.
4.2. If you have purchased an Online Course and have already accessed, downloaded all or part of the Online Course and/or started to use that Online Course then you shall have no right to cancel your order.
4.3. Notwithstanding clause 4.1 there is no other right to cancel or vary your purchase of Services and any other cancellation and / or variation of course dates will be at the entire discretion of Super Speak Pty Ltd.
4.4. No refunds will be offered on partial completion.
5. Use License:
All materials provided remain the property of Super Speak. Permission is granted to temporarily download one copy of any downloadable materials on the School’s website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
a) Download and distribute resources for commercial gain, in any form
b) Share, copy, download or distribute videos or resources to persons not residing at your home.
c) Alter files in any way, or remove images/footnotes or copyright notations
d) Share your login access details with any person apart from the person whose name was entered onto the registration form. If you feel your friends and extended families would enjoy Super Speak Online Learning Programs, please refer them to our website to subscribe.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by Super Speak at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
6. Fees
6.1. The Fees for the Services shall be as set out on the Website or as told to you over the telephone at the time you placed an order for them.
6.2. Unless otherwise specified at the time you purchase the Services the Fees are exclusive of GST, VAT or other local taxes.
6.3. Fees for the Service selected by you on the Website or purchased over the telephone shall be debited from your credit / debit card at the time of purchase. Fees must be paid prior to you accessing any Online Course.
6.4. Any fees charged by your debit or credit card provider in connection with your purchase of Services are for your own account and Super Speak Pty Ltd shall not be responsible for these.
6.5. You shall be responsible for all costs you incur in connection with your access onto any Online Course.
6.6 All fees are inclusive of a booking fee, any refund provided with be the value less the booking fee.
7. Liability
7.1. No part of the provision of the Services shall be deemed to be, nor is it intended to be, nor should it be taken to be, the provision of investment advice.
7.2. Although Super Speak Pty Ltd aims to provide the Services to the highest standards of the industry, neither it, nor its teachers accept any liability for (i) any inaccuracy or misleading information provided in the programmes or Course Materials and any reliance by Client on any such information, (ii) any loss or corruption of data, (iii) any loss of profit, revenue or goodwill, or (iv) any indirect, special or consequential loss arising from any breach of the terms of this Agreement.
7.3. Except to the extent that they are expressly set out in these terms and conditions, no conditions, warranties or other terms shall apply to the Services. No implied conditions, warranties or other terms apply (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description).
7.4. Subject to clause 6.5 below, Super Speak’s total liability arising from or in connection with these terms and conditions and in relation to anything which we may have done or not done in connection with these terms and conditions and the delivery of the Service (and whether the liability arises because of breach of contract, negligence or for any other reason) shall be limited to the Fees received by us in connection with the relevant Online Course in relation to which a dispute has arisen.
7.5. Nothing in this Agreement shall exclude or limit Super Speak’s liability for (i) death or personal injury caused by negligence, (ii) fraudulent misrepresentation or (iii) any other matter which under English law may not be limited or excluded.
7.6. No claim may be brought more than six months after the last date on which the Services concerned have finished or ceased to be provided by us.
8. Intellectual Property
8.1. All Intellectual Property Rights in the Course Materials, Online Courses and the speeches made by teachers are, and remain, the intellectual property of Super Speak, whether adapted, written for or customised for the Client or not.
8.2. You are not authorised to:
(i) copy, modify, reproduce, re-publish, sub-licence, sell, upload, broadcast, post, transmit or distribute any of the Course Materials without prior written permission;
(ii) record on video or audio tape, relay by videophone or other means the Online Course given
(iii) use the Course Materials in the provision of any other course or training whether given by us or any third party trainer;
(iv) remove any copyright or other notice of Super Speak on the Course Materials;
(v) modify, adapt, merge, translate, disassemble, decompile, reverse engineer (save to the extent permitted by law) any software forming part of the Online Courses.
Breach by you of this clause 7.2 shall allow us to immediately terminate these terms and conditions with you and cease to provide you with any Services, including but not limited to access to the Online Courses.
8.3. In consideration of the Fees paid by you, we grant to you a limited, non-transferable, non-exclusive licence to use the Course Materials and the software in respect of the Online Course for the sole purpose of completing the Online Course for the person name who is on the registration form only.
9. Confidentiality
9.1. Each party shall keep the other party’s Confidential Information strictly confidential and not use it otherwise than for the purposes of these terms and conditions, and shall return it on demand and not retain copies of it.
9.2. Either party may disclose Confidential Information to its legal and other advisors for the purposes of obtaining advice from them.
9.3. This clause shall continue notwithstanding termination of these terms and conditions.
10. Termination
10.1. Super Speak shall be entitled to terminate these terms and conditions and cease to provide you with any Services with immediate effect in the event that you:
- fail to pay when due your Fees;
- act in an aggressive, bullying, offensive, threatening or harassing manner towards any employee of Super Speak
- are in breach of these terms and conditions.
10.2. On termination clause 7 (liability), 8 (intellectual property rights) and 9 (confidentiality) shall continue notwithstanding such termination.
11. Assignment
Any Services provided by us under these terms and conditions are personal to you and cannot be transferred or assigned to any other person.
We shall be entitled to assign these terms and conditions to any other company without prior notice to you. We may assign, transfer, sub-contract any of our rights or obligations to any third party at our discretion.
12. Entire Agreement
These terms and conditions, together with the Website Disclaimer and Course Specific Terms and Conditions are the entire agreement between the parties and supersede any prior agreements and arrangements, whether written or oral. You confirm that you have not relied on any representations in entering into these and any other terms and conditions with us. Nothing in this clause or terms and conditions shall limit liability for any fraudulent misrepresentation.
13. Force Majeure
Super Speak shall not be liable to you for any breach of its obligations or termination under these terms and conditions arising from causes beyond its reasonable control, including, but not limited to, fires, floods, earthquakes, volcanoes and other Acts of God, terrorism, strikes, epidemic, delay caused by transport disputes, failure to provide a course caused by a death in the teacher’s family, illness of the trainer, Government edict or regulation.
14. Data Protection
14.1 The nature of the Services provided by us means that we will obtain, use and disclose (together "Use") certain information about you ("Data"). This statement sets out the principles governing our Use of Data. By purchasing the Services you agree to this Use.
14.2 When you register with us you will need to provide certain Data such as your contact details and demographic information. We will store this Data and use it to contact you, provide you with details of the Services you have purchased and otherwise as required during the normal provision of the course.
14.3 We may also use the above Data, and similar Data you provide us in response to surveys, to aggregate user profiles and, provide you with communications. We will not pass any personal data onto anyone outside of Super Speak
14.4 To enable us to monitor and improve our Services, we gather certain aggregated information about you, including details of your operating system, browser version, domain name and IP address, the URL you came from and go to and the parts of the Website you visit.
14.5. We use information such as your User ID, session identifiers and password to enable us to identify whether you are using our services, assist with the provision of services and to ensure that you have access to relevant products. We will only read cookies from your cookie file placed there through your web browser's interaction with the Website.
14.6. Our products may link to third party websites and we are not responsible for their data policies or procedures or their content.
14.7. Super Speak endeavour to take all reasonable steps to protect your personal Data, but cannot guarantee the security of any Data you disclose. You accept the inherent security implications of being and transacting on-line over the internet and will not hold us responsible for any breach of security.
14.8. If you wish to change or update the data we hold about you, please e-mail [email protected]
15. Law and Jurisdiction
15.1 This agreement is subject to the laws of Victoria and Australia. If there is a dispute between you and Super Speak that results in litigation, then you must submit to the jurisdiction of the courts of Victoria.
15.2 Exclusion of unenforceable terms: Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory or Country, then such a clause shall not apply in that State or Territory or Country and shall be deemed never to have been included in these terms and conditions in that State or Territory or Country. Such a clause if legal and enforceable in any other State or Territory or Country shall continue to be fully enforceable and part of this agreement in those other States and Territories or Countries. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.
16. AMENDMENT OF TERMS: Super Speak reserves the right to change or modify portions of the Terms and Conditions at any time. Accordingly, please check the Terms and Conditions regularly prior to using the Super Speaks online learning programs or website to ensure you are aware of any changes. If you choose to use the Super Speak website then Super Speak will regard that use as conclusive evidence of your agreement and acceptance that these terms govern your and Super Speak Pty Ltd.’s rights and obligations to each other.
17. Assumption of Risk and Indemnity
The activities covered by Super Speak Pty Ltd are relatively safe activities. Yet, any time an activity involves movement, there is a risk of minor to severe injury.
In consideration of participating in Super Speak programs, I represent that I understand the nature of this Activity and I hereby for myself, my children, my heirs and executors vow that if any of the aforementioned should partake in physical activity utilising this program, the same shall be qualified, in good health, and in proper physical condition to participate in such Activity.
I acknowledge that if I believe conditions are unsafe, I will immediately discontinue participation in the Activity. I fully understand that this, similar to all other sports and activities, involves risks of bodily injury, including permanent injury, which may be caused by my own actions, or inactions, those of others participating in the event, the conditions in which the event takes place, or the negligence of the “Releasees” named below; and that there may be other risks either not known to me or not readily foreseeable at this time; and I fully accept and assume all such risks and all responsibility for losses, cost, and damages I incur as a result of my participation in the Activity.
I hereby release, discharge, and covenant not to sue Super Speak Pty Ltd, its respective affiliates, administrators, directors, agents, officers, volunteers, and employees, other participants, any sponsors, advertisers, and, if applicable, owners and lessors of premises on which the Activity takes place, (each considered one of the “RELEASEES” herein) from all liability, claims, demands, losses, or damages, on my account caused or alleged to be caused in whole or in part by the negligence of the “Releasees” or otherwise, including negligent rescue operations and future agree that if, despite this release, waiver of liability, and assumption of risk, I, or anyone on my behalf, makes a claim against any of the Releasees, I will indemnify, save, and hold harmless each of the Releasees from any loss, liability, damage, or cost, which may incur as the result of such claim.
18. Limitations: In no event shall the School be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on the School’s website, even if the School or an authorised representative of the School has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
19. Links
Super Speak assumes no responsibility for the contents of any externally linked sites (such as, but not limited to, YouTube and Facebook). The inclusion of any link does not imply endorsement by the Super Speak of the site. Use of any such linked website is at the user's own risk.
20. Notices
You can contact us by any of the following methods:
Email: [email protected]
Telephone: +61 3 9572 5249