Terms – Online Resources
Super Speak Terms & Conditions (Terms of use)
Section A
1. By accessing or using Super Speak’s online resources, 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 download Super Speak’s online resources.
The materials contained in Super Speak online resources are protected by applicable copyright and trademark law.
2. 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 resources or content, to download any documents or information from our online resources, 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 resources, 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.
3. DO NOT SHARE CONDITION
Other parties other than the student whose name is submitted on the registration form are not permitted access to any content without registering themselves.
4. MONITORING USAGE
You understand that Super Speak will monitor 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 resources and 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.
“Online Resources” mean the information provided by Super Speak Pty Ltd in hard copy or electronic form or via online portal.
“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.
“Website” means www.superspeak.com.au
“you” means the individual purchasing the Services.
2. Liability
2.1. 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.
2.2. Although Super Speak Pty Ltd aims to provide online resources 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 online resources 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.
2.3. 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).
2.4. 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.
3. Intellectual Property
3.1. All Intellectual Property Rights in the online resources are, and remain, the intellectual property of Super Speak, whether adapted, written for or customised for the Client or not.
3.2. You are not authorised to:
(i) copy, modify, reproduce, re-publish, sub-licence, sell, upload, broadcast, post, transmit or distribute any of the online resources without prior written permission;
(ii) record on video or audio tape, relay by videophone or other means the online resources given
(iii) use the online resources 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 online resources;
(v) modify, adapt, merge, translate, disassemble, decompile, reverse engineer (save to the extent permitted by law) any software forming part of the online resources.
4. Confidentiality
4.1. 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.
4.2. Either party may disclose Confidential Information to its legal and other advisors for the purposes of obtaining advice from them.
4.3. This clause shall continue notwithstanding termination of these terms and conditions.
5. Assignment
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 downloading the online resources 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 info@superspeak.com.au
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 Releases from any loss, liability, damage, or cost, which may incur as the result of such claim.
18. Limitations: In no event shall Super Speak 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 Super Speak’s website, even if Super Speak or an authorised representative of Super Speak 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: info@superspeak.com.au
Telephone: +61 3 9572 5249