Please note – by joining our Online Zoom Group classes (Section A & B) or our In-Person group venue classes (Section A & C) you are agreeing to the relevant terms stated below.
SECTION A: GENERAL CONDITIONS & EXCLUSIONS
By accessing or using Super Speak’s classes, 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 & Conditions, all applicable laws and regulations and agree that you are responsible for compliance with any applicable local laws. If you do not agree to these terms and conditions you are prohibited from using or accessing any Super Speak classes including Zoom classes and must cease to continue enrolment into Super Speak’s classes and program/s.
1. CHANGES, CANCELLATIONS & MISSED CLASSES:
Classes missed for any reason, cannot be refunded, credited or made up with a replacement class. When your child enrols with Super Speak, we reserve their place each week and cannot offer this place to another child on an ad-hoc basis. This is an important part of our program to ensure we maintain a stable learning environment for all students with minimum class disruptions. Venues and teachers are also hired based on these periods.
2. COPYRIGHT NOTICE
All parts of Super Speak program/s represent the proprietary intellectual property of Super Speak PTY LTD and are protected under international copyright law. Copyright resides with Super Speak. Dissemination, redistribution or reproduction of any of Super Speak pty ltd materials, including but not limited to, email correspondence, student materials, class curriculum, is strictly forbidden.
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 in all Super Speak programs and reserves the right to take action against you if you breach any of these terms. If Super Speak has reason to believe there may be a breach of this clause, you agree that it is reasonable for Super Speak to pause or cancel your child’s enrolment until Super Speak have had sufficient time to investigate the matter.
3. CANCELLATION DUE TO EVENTS OUTSIDE CONTROL
Super Speak may cancel any classes due to Events Outside Control. In that case, if any classes are cancelled:
- All affected classes will be conducted online, or rescheduled
- No refund of fees or class credits will be offered
Event Outside Control includes any event outside the control of Super Speak including: epidemics; pandemics; natural disasters, fires and floods; lockouts, industrial action and strikes; war, riots and acts of terrorism; travel bans, warnings and restrictions; and acts, directives or orders of any government or governmental department.
4. EXCLUSION OF COMPETITORS (including third parties & associates of any age)
If you are in the business of creating similar documents, goods or services for the purpose of providing them to others, either online or in-person, whether they be for business or domestic use, then you are a competitor of Super Speak. To protect our intellectual property, Super Speak denies and does not permit you, or any associates, or any children, or third parties linked to you (of any age) to use or access any Super Speak programs or content (including online and in-person programs), to download any documents or information from our online learning program/s, or obtain any such documents or information through a third party. This strict competitor exclusion includes the exclusion of any child of a guardian/parent that may be associated with any other education, public speaking or performing arts based program. Super Speak have systems in place to monitor use accordingly.
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 deny any person access to our programs, services or information in our sole discretion and will monitor usage data accordingly. If Super Speak find our online or in-person program is being used by competitors, or that any information has been dissemenated or reproduced including email correspondance, student folders or curriculum, in part or full, you agree that Super Speak have the right to investigate the user/s further.
5. DO NOT SHARE CONDITION
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 any content from our in-person or online programs being used or shared including email correspondence, folder materials or curriculum, in part or full, or being shared with anyone using the course not for its intended purpose, you agree that Super Speak have the right to immediately cancel & investigate this user/s in question. This includes any information received from Super Speak whatsoever including, but not limited to, course curriculum, student folder information and email communication.
6. DO NOT RECORD CONDITION
Recording of our classes in any form by anyone other than Super Speak is strictly prohibited. This includes a strict no recording of any Super Speak classes sessions audio or visual on external devices including mobile phones or any other devices. This relates to all our classes & programs both online and offline.
7. MONITORING USAGE
You understand that Super Speak may 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 & conditions are being met.
SECTION B: ZOOM GROUP CLASSES
By joining Super Speak Online Zoom classes the purchaser acknowledges and agrees that:
The following terms and conditions apply to the supply of services by Super Speak Pty Ltd to the Purchaser (Terms and Conditions).
a) The term “Purchaser” refers to the contact person who made the booking for the Services, and is privy to these Terms and Conditions. It is the Purchasers responsibility to share any information included in these terms & conditions with any guardian or parents who may be responsible for the Child each class.
b) The term “Child” or “ Student” refers to all children enrolled into the Services by the Purchaser.
The Purchaser understand & agrees to the below terms:
- Online live classes are conducted via Zoom. Your child will be booked in to a weekly Zoom class which will be held on the same day and time each week. Due to class maximums, students are not able to change and swap classes on a casual basis
- Super Speak Zoom class links and passwords are for personal use only by the enrolled students. Sharing of any links is not permitted to ensure the security and privacy of all. Misuse or sharing of class links or passwords may result in immediate cancellation of enrolment and forfeiting of enrolment fee.
- Students under the age of 18 have gained parental/guardian permission to be online with Super Speak
- Students are expected to be under the supervision of a responsible parent and/or guardian within the premises of their own home whilst taking part in the Super Speak online lessons.
- Students and/or parents are not permitted to record the lessons using any device including computer, mobiles or any other external device.
- The content covered in Super Speak classes and supporting resources are the Intellectual Property of Super Speak PTY LTD and are protected under international copyright law. Materials may not be shared, duplicated, or reproduced whole or in part in any form without the written permission of Super Speak PTY LTD.
- Only enrolled students are permitted to participate in the online lessons. Family members or other members must not enter the view of the camera during lesson time.
- Students will undertake their classes in an environment that is conducive to learning and free from distractions for others.
- Students will undertake their class in a private space (ie NOT a public space such as a library, school, car etc)
- Super Speak may record classes for monitoring and safety purposes, and promotional and/or advertising purposes. The Purchaser authorises Super Speak Pty Ltd to use any photographs, video and digital recordings of the Child taken during classes for publicity, marketing, promotional and/or advertising purposes both online and offline. The Purchaser must expressly tell Super Speak Pty Ltd in writing if they do not authorise Super Speak to do this.
- There are no make up classes, credits or refunds offered for missed lessons.
- There are no refunds or credits available on fee payments or use of lesson credits after payment has been received, or after parents have confirmed to Super Speak they will use their credits to pay the term Zoom Group classes. This is because Super Speak arrange teachers & classes based on the student enrolments.
- Super Speak takes no responsibility for any technical difficulties affecting your personal connection to attend the classes. Please ensure you have tested your connection prior to classes.
- Super Speak to the fullest extent permitted by law, excludes all liability for any loss, damage or other claim arising from or in any way connected to the attendance of my child/children at Super Speak Classes, including without limitation claims relating to personal injury.
- To release and forever discharge Super Speak PTY LTD from any and all liability, loss and damage (including direct, indirect and consequential) or any other claim in anyway associated with the attendance of my child/children in Super Speak online classes
- I understand that all classes times are listed based on the Australian Eastern Daylight Time zone (AEDT). This is the time in Melbourne, Australia.
SECTION C: IN-PERSON VENUE CLASSES
PART A – Overview
- The following terms and conditions apply to the supply of services by Super Speak Pty Ltd to the Purchaser (Terms and Conditions).
- These terms and conditions shall apply to all enrolments made by the Purchaser. The Purchaser by its payment of the Enrolment Fee is deemed to have accepted these Terms and Conditions in full. To the extent that the Purchaser supplies terms and conditions after the Enrolment Fee is paid, the Purchaser’s terms and conditions shall be of no legal effect and shall not constitute part of the agreement for the purchase and supply of the Services.
- Super Speak Pty Ltd agrees to provide the Services in consideration for the Enrolment Fee.
- The term “Purchaser” refers to the contact person who made the booking for the Services, and is privy to these Terms and Conditions.
- The term “Child” refers to all children enrolled into the Services by the Purchaser.
- The Purchaser warrants that they are legally responsible for the Child, and are able to make legally binding guarantees under these Terms and Conditions for and on their behalf.
- The Purchaser authorises Super Speak Pty Ltd to use any photographs, video and digital recordings of the Child taken whilst at the Venue or on Zoom for publicity, marketing, promotional and/or advertising purposes both online and offline. The Purchaser must expressly tell Super Speak Pty Ltd in writing if they do not authorise Super Speak to do this.
PART B – The Services
- The term “Services” refers to the program(s) and classes booked by the Purchaser through this website.
- The phrase “Enrolment Fee” refers to the amount paid for the Services.
- The term “Venue” refers to the location where the Services are held.
- The Purchaser will pay for the Services by way of credit card or direct deposit. The Purchaser will only pay in cash if approved by Super Speak Pty Ltd at its absolute discretion.
- The Purchaser provides permission for the Child to participate in the activities organised for the days on which the Child will be attending the Services.
- The Purchaser understands that Super Speak Pty Ltd is unable to offer make up classes, refunds or discounts for missed classes. This ensures Super Speak can maintain a stable learning environment for all students with minimum class disruptions. Venues and teachers are also hired based on these periods.
- The Purchaser understands that punctual and on-time pick up from the classroom door is a requirement of the program. If pick up is more than 5 minutes late, Super Speak Pty Ltd reserves the right to invoice $1 for each minute the parent is late for collection. Super Speak Pty Ltd reserves the right to cancel The Purchasers enrolment where this requirement of punctual and on time pick up from classroom door is not being met.
- The Purchaser understands that the Child is only supervised by a Super Speak teacher during their actual lesson time. The Purchaser understand that they are responsible to supervise the Child before and after class. The Purchaser agrees that Super Speak Pty Ltd reserves the right to cancel the Childs enrolment where this requirement is not being met.
- The Purchaser understands that re-enrolment from one semester to the next is an automatic procedure. This is to avoid any misunderstandings that may lead to students missing placement in their usual classes.
- The Purchaser understands that the minimum enrolment period is one semester (2 x terms). This is because room hire, teacher contracts & the number of classes we run need to be arranged for an extended period of time. Therefore, we cannot take casual bookings or pro-rata weeks if you may be away. For new students enrolling after the start of a semester, fees will be charged pro-rata.
- The Purchaser understands that payments that have not been received more than 2 weeks after class commencement, are subject to a late payment fee of $30. Super Speak will notify parents / guardians if payments have not been received prior to any late fee being charged.
- 13. The Purchaser accepts that Super Speak reserves the right to refuse admission to any person that presents a disciplinary problem to staff or a threat to the safety and well-being of other children. Unacceptable language or bullying or physical violence will under no circumstances be tolerated and may result in the child’s enrolment being cancelled without refund.
- The Purchaser acknowledges and understands that Super Speak expects appropriate and positive behaviour from its students at all times. When these expectations are not met, The Purchaser accepts that Super Speak will discuss behaviour issues with the parent/ guardian. If inappropriate behaviour continues and poses threat, harm or continued disruption to others, the student may be asked to leave the program.
- The Purchasers understands that lost student folders can be replaced for a fee of $20. If the Child withdraws prior to the end of the enrolment period without making full payment, the Purchaser understands that Super Speak has the right to charge up to a fee of $50 for each student folder which will cover both the cost of the folder and the cost for the information the student obtains within it.
- If the Purchaser has come to an arrangement with Super Speak to pay the semester course fee by instalments, the Purchaser agrees and understands that they will make the second instalment payment by the due date. The Purchaser child’s place in the semester course may be cancelled if your final instalment payment is not received within 7 days of the due date and any fee remaining will be forfeited.
PART C – Cancellations
- The Purchaser acknowledges that there are no refunds offered after the commencement of classes or after payment has been received.
- The Purchaser acknowledges that if they wish to withdraw their child at the end of a semester, they must provide at least 2 weeks written notice before the end of the current semester.
- The Purchaser understand that Super Speak Pty Ltd reserves the right to cancel or change the timetable and pricing structure at any point in time. Class times, duration & locations may vary depending on final numbers.
PART D – Health and Safety
- The Purchaser agrees to inform Super Speak when any details previously stated on the enrolment form have changed. In particular, contact details, medical details and emergency contact details.
- The Purchaser authorises Super Speak Pty Ltd, in the event of accident or illness, to obtain all necessary medical aid and treatment for the Child and the Purchaser agrees to meet all reasonable expenses associated with the same treatment.
- The Purchaser acknowledges and agrees that the child will not attend the Services if suffering from an infectious or communicable disease as identified by the Department of Health.
- The purchaser acknowledges and agrees that Super Speak will not be responsible for administering any medication to students that requires specialized training. In the event of a medical emergency, Super Speak will call an ambulance.
- The Purchasers warrants that the Child has not at any time suffered blackout, seizure, convulsion, fainting, dizzy spells or any other medical condition and is not presently receiving treatment for any illness, disorder or injury which would render it unsafe for the Child to take part in Super Speak classes.
- To the maximum extent permitted by law, the Purchaser acknowledges and agrees that neither Super Speak Pty Ltd nor its officers, servants, agents, employees or contractors are responsible for any liability arising from personal injury, property damage, death, any loss sustained or any other claim by any Child or Purchaser arising from, or in any way connected to, the attendance of the Child or Purchaser at Super Speak, as a result of his or her participation in the Services.
- To the maximum extent permitted by law, the Purchaser agrees that no actions will be brought against Super Speak Pty Ltd or its officers, servants, agents, employees or contractors in contract, tort or any other action for any personal injury, property damage, death or any other loss referred to in clause D6.
- Notwithstanding clause D6 & D7 and without limiting the provisions of part D of these Terms and Conditions, the Purchaser agrees that no officer, servant, agent, employee or contractor of Super Speak Pty Ltd will have any separate or individual liability to the Purchaser.
PART E – Intellectual Property
- The phrase “Intellectual Property” includes but is not limited to to all knowledge imparted, tasks engaged in and documents provided in the course of providing the Services.
- Property, right and title in all Intellectual Property relating to the Services remains with Super Speak Pty Ltd. The Purchaser will be entitled to a non-exclusive, non-transferable license to use the Intellectual Property for the personal use of the Child.
- The Purchaser warrants that he or she and the Child will take all reasonable steps to prevent the dissemination or use of the Intellectual Property for any purpose other than that outlined in clause E2.
PART F – General
- The entire Agreement is comprised of these Terms and Conditions and any documents referred to herein. This Agreement supersedes all previous arrangements, correspondence, tenders, proposals, understandings and communications, whether written or oral.
- This Agreement will be governed and construed according to the laws of Victoria.
- Any provision in these Terms and Condition which is or becomes invalid or unenforceable is to be read down, if possible, so as to be valid and enforceable. In the event that a provision cannot be read down, it is otherwise capable of being severed to the extent of the invalidity, without affecting the remaining provisions of these Terms and Conditions.
- By submitting the enrolment form, you consent to Super Speak using the email address and mobile phone number for email, sms & voice call communication purposes.
- Super Speak Pty Ltd is able to amend or vary these Terms and Conditions at any time without notice. These changes are not binding on any payment for the Goods prior to the changes being available on the Super Speak website.
- There may be rare occasions where our venue is not available on any given week, including, but not limited to, government elections or school fetes. On these rare occasions, Super Speak will endeavor to find a replacement venue as close as possible. However, if there are no reasonable replacement options, Super Speak has the right to run any such affected class on Zoom.
Updated: 15 May 2022