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Terms of Service

Last Updated: August 15, 2023

Table of Contents

  • Introduction
  • Services
  • Use of Site
  • Account Registration and Security
  • Payment Terms
  • Cancellation and Refund Policy
  • Intellectual Property
  • Disclaimers
  • Limitation of Liability
  • Indemnification
  • Changes to Terms of Service
  • Governing Law
  • Dispute Resolution
  • Contact Us

Introduction

Welcome to SpeakUp Australia. These Terms of Service ("Terms") govern your access to and use of the website www.yablochnaya-baranina.com (the "Site") and all services offered by SpeakUp Australia ("we," "our," or "us").

By accessing or using our Site or services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Site or services.

Please read these Terms carefully, along with our Privacy Policy and Cookie Policy, which are incorporated by reference into these Terms.

Services

SpeakUp Australia provides public speaking courses, workshops, training, and coaching services ("Services"). Our Services are designed to help individuals and organizations improve their public speaking and presentation skills.

We reserve the right to modify, suspend, or discontinue any aspect of our Services at any time without notice or liability.

Use of Site

You agree to use our Site only for lawful purposes and in accordance with these Terms. You agree not to:

  • Use the Site in any way that violates any applicable federal, state, local, or international law or regulation
  • Use the Site to transmit or send unsolicited commercial communications
  • Use the Site to impersonate or attempt to impersonate SpeakUp Australia, a SpeakUp Australia employee, another user, or any other person or entity
  • Engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Site
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site
  • Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful

Account Registration and Security

To access certain features of our Site or Services, you may be required to create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

You are responsible for safeguarding the password that you use to access the Site and for any activities or actions under your password. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

We reserve the right to disable any user account at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.

Payment Terms

By purchasing our Services, you agree to pay all fees and charges associated with your order. All payments must be made in Australian Dollars (AUD) and are subject to the following terms:

  • Prices for our Services are subject to change without notice.
  • Payment is required at the time of registration unless otherwise specified.
  • We accept major credit cards, PayPal, and direct bank transfers.
  • All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.
  • You agree to provide current, complete, and accurate payment information for all purchases made through our Site.

Cancellation and Refund Policy

Course and Workshop Cancellations:

  • If you cancel more than 14 days before the start date of a course or workshop, you will receive a full refund minus a $50 administration fee.
  • If you cancel between 7-14 days before the start date, you will receive a 50% refund.
  • If you cancel less than 7 days before the start date, no refund will be provided.
  • You may transfer your registration to another person at no additional cost.

Private Coaching Session Cancellations:

  • If you cancel more than 48 hours before a scheduled coaching session, you will receive a full refund or the option to reschedule.
  • If you cancel less than 48 hours before a scheduled coaching session, no refund will be provided, but you may reschedule once at no additional cost.

SpeakUp Australia Cancellations:

In the rare event that we need to cancel a course, workshop, or session, you will be offered the choice of a full refund or transfer to another date at no additional cost.

Intellectual Property

The Site and all of its contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by SpeakUp Australia, its licensors, or other providers of such material and are protected by Australia and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms permit you to use the Site for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site, except as follows:

  • Your computer may temporarily store copies of such materials incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your Web browser for display enhancement purposes.
  • You may print or download one copy of a reasonable number of pages of the Site for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
  • If we provide social media features with certain content, you may take such actions as are enabled by such features.

You must not:

  • Modify copies of any materials from this Site.
  • Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Site.

If you wish to make any use of material on the Site other than that set out in this section, please address your request to: [email protected].

Disclaimers

THE SITE AND ALL SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

SPEAKUP AUSTRALIA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

SPEAKUP AUSTRALIA DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

SPEAKUP AUSTRALIA MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT ON THE SITE OR THE CONTENT OF ANY WEBSITES LINKED TO THIS SITE.

SPEAKUP AUSTRALIA ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation of Liability

IN NO EVENT WILL SPEAKUP AUSTRALIA, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify, and hold harmless SpeakUp Australia, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Site, including, but not limited to, any use of the Site's content, services, and products other than as expressly authorized in these Terms.

Changes to Terms of Service

We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Site thereafter.

Your continued use of the Site following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

Governing Law

These Terms and any disputes relating hereto shall be governed by and construed in accordance with the laws of Victoria, Australia, without regard to its conflict of law principles.

Dispute Resolution

Any dispute arising out of or in connection with these Terms, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by arbitration under the Rules of the Australian Centre for International Commercial Arbitration. The seat of arbitration shall be Melbourne, Victoria, Australia. The language of the arbitration shall be English.

Before commencing arbitration, you and SpeakUp Australia agree to make a good-faith effort to resolve any dispute through informal negotiation.

Contact Us

If you have any questions about these Terms of Service, please contact us at:

SpeakUp Australia
Level 12, 120 Spencer Street
Melbourne, VIC 3000
Australia

Phone: (03) 9123 4567
Email: [email protected]
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