Terms & Conditions

These terms and conditions (“Conditions”) apply to the entire contents of this website under the domain name www.speakmoreclearly.com (“Website”) and to any correspondence by e-mail between us and you. Please read these terms carefully before using this Website. Using this Website indicates that you accept these terms regardless of whether or not you purchase any software or services from us. If you do not accept these terms, do not use this Website. This Website and all the text content and videos are owned and copyrighted by Speak More Clearly.Com (Speak More Clearly).

1. INTRODUCTION

By accessing any part of this Website, you shall be deemed to have accepted this legal notice in full. If you do not accept this legal notice in full, you must leave this Website immediately. Speak More Clearly reserves the right, at any time and from time to time, temporarily or permanently, in whole or in part, to: modify or discontinue the Website with or without notice; limit the Website’s availability to any person, geographic area or jurisdiction we choose; charge fees in connection with the use of the website; modify and/or waive any fees charged in connection with the Website; and/or offer opportunities to some or all users of the Website. You agree that neither we nor any affiliated entity shall be liable to you or to any third party for any modification, suspension or discontinuance of the Website, in whole or in part, or of any service, software, content, submission, feature or product offered through the Website. Your continued use of the Site after such changes will indicate your acceptance of such changes. You should check this Website from time to time to review the then current legal notice. Certain provisions of this legal notice may be superseded by expressly designated legal notices or terms located on particular pages at this Website.

2. LICENSE AND CONDITIONS

Speak More Clearly grants you a limited license to access and make use of the Website. As a condition of such license, you agree: a) not to download or modify any part of the Website, except with the express and prior written consent of Speak More Clearly; b) not to download or copy any account information for the benefit of another merchant; c) not to collect or make any use of any product listings, descriptions, or prices; d) not to resell or make any commercial use of this Website or its contents including our courses; e) not to reproduce, duplicate, copy, sell, resell or otherwise exploit the Website for any commercial purpose without express written consent of Speak More Clearly; f) not to make any derivative use of this Website or its contents; g) not to frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Speak More Clearly and its group companies without express written consent of Speak More Clearly; h) not to use any meta tags or any other “hidden text” utilizing the Speak More Clearly name or trademarks without the express written consent of Speak More Clearly; and i) not reproduce or store any part of this Website in any other website or include any part of this Website in any public or private electronic retrieval system or service without prior written permission from Speak More Clearly. The copyright and other intellectual property rights in all material on this Website (including without limitation text, photographs and graphics) are owned by Speak More Clearly or its licensors. If you breach any of the terms in this legal notice, your permission to use this Website automatically terminates. You are also advised that Speak More Clearly will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution. All copyrighted material of Speak More Clearly indicated on the Website are copyrights of Speak More Clearly or its group companies in Australia and other countries. Without the prior consent of Speak More Clearly, you agree not to display or use in any manner the Speak More Clearly logo or copyrighted material. Any rights not expressly granted in these terms are reserved.

3.SERVICE ACCESS

While Speak More Clearly attempts to ensure that this Website is normally available 24 hours a day, Speak More Clearly shall not be liable if for any reason this Website is unavailable at any time or for any period. Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond the control of Speak More Clearly.

4. VISITOR MATERIAL AND CONDUCT

Other than personally identifiable information, which is covered under the Privacy Policy, any material you transmit or post to this Website shall be considered non-confidential and non-proprietary. Speak More Clearly shall have no obligations with respect to such material. Speak More Clearly and its designees shall be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes. You are prohibited from posting or transmitting to or from this Website any material: a) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or b) for which you have not obtained all necessary licenses and/or approvals; or c) which constitutes or encourages conduct that would be considered a criminal offense, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world; or d) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data). You may not misuse the Website (including, without limitation, by hacking; using robots, spiders, data mining or similar data gathering tools; and automated submission of data). Speak More Clearly shall fully co-operate with any law enforcement authorities or court order requesting or directing Speak More Clearly to disclose the identity or locate anyone posting any material in breach of paragraph 4(b) or paragraph 4(c).

5. LINKS TO AND FROM OTHER WEBSITES

Links to third party websites on this Website are provided solely for your convenience. If you use these links, you leave this Website. Speak More Clearly has not reviewed all of these third party websites and does not control and is not responsible for these websites or their content or availability. Speak More Clearly therefore does not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk. If you would like to link to this Website, you may only do so on the basis that you link to, but do not replicate, the home page of this Website, and subject to the following conditions: a) you do not remove, distort or otherwise alter the size or appearance of the Speak More Clearly logo; b) you do not create a frame or any other browser or border environment around this Website; c) you do not in any way imply that Speak More Clearly is endorsing any products or services other than its own; d) you do not misrepresent your relationship with Speak More Clearly nor present any other false information about Speak More Clearly; e) you do not otherwise use any Speak More Clearly trademarks displayed on this Website without express written permission from Speak More Clearly; f) you do not link from a website that is not owned by you; and g) your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or of Speak More Clearly or otherwise does not comply with all applicable laws and regulations. h) Speak More Clearly expressly reserves the right to revoke the license granted in Section 2 for breach of these terms and to take any action it deems appropriate. You shall fully indemnify Speak More Clearly for any loss or damage suffered by Speak More Clearly or any of its group companies for breach of paragraph 5(b).

6. DISCLAIMER

While Speak More Clearly attempts to ensure that the information on this Website is correct, Speak More Clearly does not warrant the accuracy and completeness of the material on this Website. Speak More Clearly may make changes to the material on this Website, or to the products and prices described in it, at any time without notice. The material on this Website may be out of date, and Speak More Clearly makes no commitment to update such material. The material on this Website is provided “as is” and “as available” basis, without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, Speak More Clearly provides you with this Website on the basis that Speak More Clearly excludes all representations, warranties (either express or implied), conditions and other terms (including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, non-infringement and the use of reasonable care and skill) which but for this legal notice might have effect in relation to this Website.

7. LIABILITY

Speak More Clearly, any other party (whether or not involved in creating, producing, maintaining or delivering this Website), and any of the Speak More Clearly affiliated companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, special, punitive, exemplary or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort [including without limitation negligence], contract or otherwise) in connection with this Website in any way or in connection with the use, inability to use or the results of use of this Website, any websites linked to this Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Website or your downloading of any material from this Website or any websites linked to this Website. If your use of material on this Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.

8. TERMS OF SERVICE, COURSES, REFUNDS, PRODUCTS AND INTELLECTUAL PROPERTY

Speak More Clearly graphics, logos, designs, page headers, button icons, scripts, service names and any other intellectual property are the sole and exclusive intellectual property of Speak More Clearly.

a) Speak More Clearly courses (“courses”) are for personal use only for the individual who has purchased the course. The courses are not permitted to be used by any other individuals, groups or third parties unless Speak More Clearly gives specific written consent.

b) The courses and their contents are copyrighted to Speak More Clearly and are not to be re-sold, licensed, downloaded, posted on the internet, made available for other’s to use or download, used as a teaching aid or aids or used in any other way than that mentioned in 8a) unless Speak More Clearly gives specific written consent. If a customer breaches these terms and conditions, they will not be eligible for a refund and Speak More Clearly will take legal action.

c) When purchasing courses, products or services from Speak More Clearly, you may not use as a username, the name of another person, or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

d) Online courses – customer’s shall have access to the course/s as long as they have an active membership. If a user cancels their membership/subscription they will no longer have access to the course or any of it’s contents. Speak More Clearly reserves the right to terminate a customer’s membership including but not limited to, suspicion of any illegal use. Our online courses are not a once off payment, they are an ongoing subscription. By signing up for the course, customer’s acknowledge that the course is an ongoing membership and the customer will continue to be charged every billing cycle until the customer cancels their membership.

d) Regarding refunds To initiate a product refund email us at info@speakmoreclearly and request a refund. In order to receive a refund for a Speak More Clearly course you agree to provide proof of purchase, including but not limited to, the email address you used to purchase the course, or your order number. Speak More Clearly reserves the right to refuse a refund, including but not limited to, the following reasons:

  • Speak More Clearly will not give a refund because you thought the course came in the form of a physical package /CD/CDs/DVD
  • for the American accent downloadable course there are no videos in this course. Speak More Clearly will not give a refund because there are no videos in the course or because you thought there were videos in the course.
  • Regarding switching from a downloadable course to an online course- once you switch to the online course you will have 14 days to get a refund for the course starting from the date Speak More Clearly sends your login details.
  • change of mind

Refunds for online courses – 14 day money back guarantee terms:

A refund may be issued within 14 days after the customer’s initial purchase. After 14 days after the initial purchase of a membership or subscription, Speak More Clearly will not offer a refund. The 14 day money back period does not renew at every billing cycle, it is only for the initial purchase/billing cycle of a membership. Speak More Clearly reserves the right to refuse a refund, including but not limited to, the following reasons:

  • The initial purchase is more than 14 days ago
  • Customer has breached Speak More Clearly’s Terms & Conditions by stealing intellectual property or copyright infringement
  • Customer claims to have cancelled their membership but there is no proof of cancellation in our logs

GENERAL

a) Governing Law and Jurisdiction. The Terms shall be governed by and construed in accordance with the laws of Australia, as if made within New South Wales between two residents thereof, the parties submit to the exclusive jurisdiction of New South Wales courts.

b) Entire Agreement. The Conditions constitute the entire agreement between you and Speak More Clearly and govern your use of the Website, superseding any prior agreements between you and Speak More Clearly with respect to the Website. You will be subject to additional terms and conditions that will apply when you use or purchase Speak More Clearly services and products.

c) Waiver and Severability of Terms. The failure of Speak More Clearly to exercise or enforce any right or provision of the Conditions shall not constitute a waiver of such right or provision. If any provision of the Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Conditions remain in full force and effect.

d) Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Last Updated: 31st of July 2018

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