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 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.
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 full Semester periods.
- The Purchaser understands that punctual and on-time pick up from the classroom door is a requirement of the program. 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. This includes enrolments from Semester 1 to Semester 2 of the same year and enrolments from Semester 2 to Semester 1of the following year.
- The Purchaser understands that the minimum enrolment period is one Semester. Semester 1 is term 1 & 2. Semester 2 is term 3 & 4. 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 joining after the start of a Semester, fees will be charged pro-rata.
- The Purchaser understands that payments for each Semester must be made in full 3 weeks prior to the commencement of the new Semester. After this period, places of unpaid students may be opened to students wanting to pay where there are waiting lists for classes.
- The Purchaser understands that payments that have not been received more than 3 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.
- 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 will under no circumstances be tolerated and will result in the child being removed from the class with no 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 will 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.
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 3 weeks written notice.
- 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.
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 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 my 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 D4.
- Notwithstanding clause D4 & D5 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.
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 his or her personal use, and for the personal use of the Child.
- The Purchaser warrants that he or she 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.
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.
- 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.