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Terms of Service

Last Updated: October 15, 2023

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and SpeakMaster Australia ("we," "us," or "our"), concerning your access to and use of the ikislovataya-zubatka.com website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the "Site").

You agree that by accessing the Site, you have read, understood, and agree to be bound by all of these Terms. If you do not agree with all of these Terms, you are prohibited from using the Site and must discontinue use immediately.

We reserve the right to make changes to these Terms at any time. It is your responsibility to check these Terms periodically for changes. Your continued use of the Site following the posting of revised Terms means that you accept and agree to the changes.

2. Intellectual Property Rights

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the "Content") and the trademarks, service marks, and logos contained therein (the "Marks") are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights.

The Content and Marks are provided on the Site "AS IS" for your information and personal use only. Except as expressly provided in these Terms, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content, and the Marks.

3. User Representations

By using the Site, you represent and warrant that:

  1. All registration information you submit will be true, accurate, current, and complete;
  2. You will maintain the accuracy of such information and promptly update such registration information as necessary;
  3. You have the legal capacity and you agree to comply with these Terms;
  4. You are not a minor in the jurisdiction in which you reside;
  5. You will not access the Site through automated or non-human means, whether through a bot, script, or otherwise;
  6. You will not use the Site for any illegal or unauthorized purpose;
  7. Your use of the Site will not violate any applicable law or regulation.

4. Courses and Services

All courses, coaching, and training services provided by SpeakMaster Australia are subject to the following terms:

  1. Course fees must be paid in full prior to the commencement of the course unless a payment plan has been agreed upon.
  2. Cancellations made more than 14 days before the course start date will receive a full refund minus a 10% administrative fee.
  3. Cancellations made 7-14 days before the course start date will receive a 50% refund.
  4. No refunds will be issued for cancellations made less than 7 days before the course start date.
  5. We reserve the right to cancel or reschedule courses. In such cases, participants will be offered a full refund or the option to transfer to another course date.
  6. We do not guarantee specific outcomes or results from participation in our courses or services.

5. Prohibited Activities

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Site, you agree not to:

  1. Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
  2. Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
  3. Circumvent, disable, or otherwise interfere with security-related features of the Site.
  4. Engage in unauthorized framing of or linking to the Site.
  5. Make improper use of our support services or submit false reports of abuse or misconduct.
  6. Engage in any automated use of the system, such as using scripts to send comments or messages.
  7. Use the Site in a manner inconsistent with any applicable laws or regulations.
  8. Use the Site to advertise or offer to sell goods and services.
  9. Delete the copyright or other proprietary rights notice from any Content.
  10. Attempt to impersonate another user or person or use the username of another user.

6. Submissions

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

7. Site Management

We reserve the right, but not the obligation, to:

  1. Monitor the Site for violations of these Terms.
  2. Take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms.
  3. Refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof.
  4. In our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems.
  5. Otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.

8. Term and Termination

These Terms shall remain in full force and effect while you use the Site. Without limiting any other provision of these Terms, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Site (including blocking certain IP addresses), to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these Terms or of any applicable law or regulation.

9. Disclaimer

The Site is provided on an "as-is" and "as available" basis. You agree that your use of the Site and our services will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the Site and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

We make no warranties or representations about the accuracy or completeness of the Site's content or the content of any websites linked to the Site and we will assume no liability or responsibility for any:

  1. Errors, mistakes, or inaccuracies of content and materials.
  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.
  4. Any interruption or cessation of transmission to or from the Site.
  5. Any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Site by any third party.
  6. Any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the Site.

10. Limitation of Liability

In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the Site, even if we have been advised of the possibility of such damages.

11. Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of:

  1. Your Contributions.
  2. Use of the Site.
  3. Breach of these Terms.
  4. Any breach of your representations and warranties set forth in these Terms.
  5. Your violation of the rights of a third party, including but not limited to intellectual property rights.
  6. Any overt harmful act toward any other user of the Site with whom you connected via the Site.

Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

12. Governing Law

These Terms and your use of the Site are governed by and construed in accordance with the laws of the Commonwealth of Australia applicable to agreements made and to be entirely performed within the Commonwealth of Australia, without regard to its conflict of law principles.

13. Contact Us

To resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:

SpeakMaster Australia
123 Elizabeth Street
Sydney NSW 2000
Australia
Phone: (02) 9876 5432
Email: [email protected]
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