The Successful Speechie Academy 

 

MEMBER PORTAL TERMS AND CONDITIONS  

About the Member Portal 

  1. Welcome to The Successful Speechie Academy Member Portal (the ‘Member Portal’), a member-only section of the Emily Mackie website accessible via www.emilymackie.com.au/login (the ‘Website’).  
  2. The Member Portal provides you with an opportunity to access the Pre-School Language Accelerator (the ‘Course’) as well as browse and purchase access to digital products, membership renewals and other products that have been listed for sale through the Member Portal (together the ‘Eproducts’). The Member Portal provides this service by way of granting you access to the content on the Website (the 'Services').  
  3. The Website is operated by Speak About Speech Pathology Pty Ltd (ACN: 616 142 379) t/a Speak About (‘Speak About’). Please read these terms and conditions (the 'Terms') carefully in conjunction with Speak About Website Terms and Conditions. 
  4. By using, browsing and/or reading the Website this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of the services, immediately. 
  5. Speak About reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Speak About updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication.  
  6. These Terms are to be read in conjunction with the Licence Agreement (‘Licence Agreement’) and Licence Purchase Terms and Conditions (‘Licence Purchase Terms and Conditions’) provided on the Website. 

Acceptance of the Terms 

You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Speak About in the user interface. 

Registration to use the Services 

  1. In order to access the Services, you are required to become a Member of the Member Portal (Member). If you have a Licence as per the Licence Agreement you will be granted a Primary Membership. You may be allocated an additional user membership if you are affiliated with a Licensee.  
  2. The Membership gives you access to the Course which can be accessed through the Member Portal.  
  3. As part of the registration process, or as part of your continued use of the Services, you are required to provide personal information about yourself (such as identification or contact details), including (but not limited to): 
    • E-mail Address 
    • Password 
    • Name 
    • Address 
    • Telephone Number 
  4. You warrant that any information you give to Speak About in the course of completing the registration process will always be accurate, correct and up to date. 
  5. Once you have completed the registration process, you will be a registered member of the Member Portal ('Member') and agree to be bound by the Terms.  
  6. You may not use the Services and may not accept the Terms if:  
    • you are not of legal age to form a binding contract with Speak About; or 
    • you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services. 

Member Conduct and Obligations 

  1. As a Member, you expressly agree that you will not, through any means: 
    -  harm, harass, hassle or abuse other Members; or 
    -  send un-welcomed communication such as spam to other Members; or 
    -  act in an unlawful, abusive, defamatory, discriminatory or otherwise objectionable manner; or 
    -  infringe the intellectual property or privacy rights of any Member or any third-party. 
  2. Speak About, at its discretion, reserves the right to remove, edit or alter any content created by you, on the Member Portal or any other related platform.  
  3. Speak About retains the right to revoke your Membership or deny you access to the Services at any time. 
  4. As a Member, you agree to comply with the following: 

        You will use the Services only for purposes that are permitted by: 

  • the Terms; 
  • any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions; 
  • you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of your Membership; 
  • any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Speak About of any unauthorised use of your password or email address or any breach of security of which you have become aware; 
  • access and use of the Member Portal is limited, non-transferable and allows for the sole use of the Member Portal by you for the purposes of Speak About providing the Services; 
  • you will not use the Services or Member Portal for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Member Portal; 
  • you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Member Portal without notice and may result in termination of the Services. Appropriate legal action will be taken by Speak About for any illegal or unauthorised use of the Member Portal; and 
  • you acknowledge and agree that any automated use of the Member Portal or its Services is prohibited. 
  • you agree that if you are paying membership fees or licence fees via a payment plan, it is your responsibility to keep your payment details up to date at all times.  If a payment is not honoured, Speak About will make one other attempt to process the payment and if that attempt is not honoured, access to the Membership Portal will be suspended without notice, until such time as the outstanding payment is made.    

Obligations under the Licence  

As a Member: 

  1. You agree that you will not share the E-products with any third party except the designated number of Members corresponding to the Licence purchased; 
  2. sell, resell, sub-licence, re-licence, distribute or assign or transfer in any way the rights under the License; 
  3. use the Eproducts in any way that could damage the reputation of the Licensee or the goodwill or other rights associated with the Eproducts; 
  4. except as expressly permitted by this Agreement, and except to the extent that applicable laws, including the Copyright Act 1968 (Cth), prevent the Licensee restraining the Licensee from doing so: 
  5. reproduce, make error corrections to or otherwise modify or adapt the E-products or the Documentation or create any derivative works based upon the E-products or the Documentation; 
  6. de-compile, disassemble or otherwise reverse engineer the E-products or permit any third party to do so; or 
  7. modify or remove any copyright or proprietary notices on the E-products or the Documentation. 

Purchase of E-products 

  1. When making a purchase through the Member Portal, you are using the Purchase Services (‘the Purchase Services’). 
  2. When using the Purchase Services to purchase an Eproduct you will agree to the payment of the purchase price listed on the Website for the Eproduct (the 'Purchase Price'). 
  3. Payment of the Purchase Price may be made through Paypal or Stripe (the 'Payment Gateway Providers'). 
  4. In using the Purchase Services, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Payment Gateway Providers. 
  5. Following payment of the Purchase Price being confirmed by Speak About, you will be issued with a receipt to confirm that the payment has been received and Speak About may record your purchase details for future use. 

Refunds  

  1. All purchases of Licences are subject to the Purchase Terms and Conditions and the Licence Agreement.  
  2. Due to the nature of digital products, all sales are final and no refunds can be given. 
  3. Speak About wants you to be satisfied with your purchase. Please contact [email protected] should you wish to discuss any problems with the E-product you have received.  

Warranty 

Speak About’ E-products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure of the E-product and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the E-products repaired or replaced if the E-products fail to be of acceptable quality and the failure does not amount to a major failure (the 'Warranty'). 

Copyright and Intellectual Property 

  1. You agree that the Member Portal, Website, the Services and all of the related E-products of Speak About are subject to copyright. The Member Portal, Website, E-products and Services are protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the site content, E-products and compilation of the website (including text, graphics, logos, button icons, video images, audio clips and software) (the 'Content') are owned or controlled for these purposes, and are reserved by Speak About or its contributors. 
  2. Speak About retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer to you: 
  3. the business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright of Speak About; or 
  4. the right to use or exploit a business name, trading name, domain name, trade mark or industrial design; or 
  5. a system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a system or process). 
  6. You may not, without the prior written permission of Speak About and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third party content for any purpose. This prohibition does not extend to materials on the Website which are freely available for re-use or are in the public domain or E-products that you have purchased a licence for. 

Privacy 

Speak About takes your privacy seriously and any information provided through your use of the Website and/or the Services are subject to Speak About’ Privacy Policy. 

Information Disclaimer 

  1. The information contained on this Member Portal, Website and within all associated E-products is for general information purposes only and is not meant to substitute professional treatment. You agree to consult a medical practitioner prior to following any advice or utilizing information, or E-products offered by Speak About. 
  2. To the extent permissible by law, Speak About will not be liable for any expenses, losses, damages (including indirect or consequential damages) or costs which might be incurred as a result of the information being inaccurate or incomplete in any way and for any reason or your reliance on the information, advice or documentation in the Website, Member Portal, E-products, associated blog, social media, or any other related platform.  

Disclaimer 

  1. You acknowledge that Speak About does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the E-products other than provided for pursuant to these Terms. 
  2. Speak About will make every effort to ensure a E-product is accurately depicted on the Website, however, you acknowledge that the final E-product may differ from what is displayed on the Website. 
  3. Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded. 
  4. Subject to this clause, and to the extent permitted by law: 
  5. All terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and 
  6. Speak About will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise. 
  7. Use of the E-products of Speak About is at your own risk. Everything on the Member Portal, the Services, and the E-products of Speak About, are provided to you on an "as is" and "as available" basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of Speak About make any express or implied representation or warranty about its Content or any products or Services (including the products or Services of Speak About) referred to on the Member Portal. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following: 
  8. Failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records; 
  9. The accuracy, suitability or currency of any information on the Member Portal, the Purchase Service, or any of its Content related products (including third party material and advertisements on the Member Portal); 
  10. Costs incurred as a result of you using the Website, the Services or any of the E-products; 
  11. The Content or operation in respect to links which are provided for the User's convenience; 
  12. Any failure to complete a transaction, or any loss arising from e-commerce transacted on the Member Portal; or 
  13. Any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct. 

Limitation of Liability 

  1. Speak About' total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase Price, then the total liability of Speak About is the resupply of information or Services to you. 
  2. You expressly understand and agree that Speak About, its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss. 
  3. Speak About is not responsible or liable in any manner for any site content (including the Content and Third Party Content) posted on the Member Portal or in connection with the Services, whether posted or caused by users of the website of Speak About, by third parties or by any of the Services offered by Speak About. 

Third Party Services 

The Services integrate Kajabi, its websites, services, content, and/or materials ("Third-Party Services"). Speak About does not control any Third-Party Services. Speak About additionally makes no claim or representation regarding the Third-Party Services and accepts no responsibility for, the quality, content, nature, or reliability of Third-Party Services accessible from the Member Portal, applications, software or any other element of the Services. There is no implied affiliation, endorsement, or adoption by you of these Third-Party Services and Speak About shall not be responsible for any content provided on or through these Third-Party Services. You should read the terms of use and legal agreements that apply to these Third-Party Services. 

Indemnity 

  1. You agree to indemnify Speak About, its affiliates, employees, agents, contributors, third party content providers and licensors from and against: 
    • all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any interaction you have with the Member Portal and Website; 
    • any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms; and/or 
    • any breach of the Terms. 

Termination of Contract 

  1. The Terms will continue to apply until terminated by either you or by Speak About as set out below. 
  2. If you want to terminate the Terms, you may do so by closing your accounts for all of the services which you use, where Speak About has made this option available to you. If you are a Licensee, you must terminate this Agreement as per the Licence Agreement and Licence Purchase Terms and Conditions.  
  3. Speak About may at any time, terminate the Terms with you if you have breached any provision of the Terms or intend to breach any provision; 
  4. Speak About is required to do so by law; 
  5. The provision of the Services to you by Speak About is, in the opinion of Speak About, no longer commercially viable. 
  6. Subject to local applicable laws, Speak About reserves the right to discontinue or cancel your Membership at any time and may suspend or deny, in its      sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable      law or if your conduct impacts Speak About's name or reputation or violates the rights of those of another party. 
  7. When the Terms come to an end, all of the legal rights, obligations and liabilities that you and Speak About have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely. 

Dispute Resolution 

  1. Compulsory: 
    If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought). 
  2. Notice: 
    A party to the Terms claiming a dispute ('Dispute') has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute. 
  3. Resolution: 
    On receipt of that notice ('Notice') by that other party, the parties to the Terms ('Parties') must: 
  4. Within 7 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree; 
  5. If for any reason whatsoever, 7 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the New South Wales Law Society or his or her nominee; 
  6. The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation; 
  7. The mediation will be held at a location to be agreed between the parties. 
  8. Confidential 
    All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence. 

Venue and Jurisdiction 

In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales, Australia. 

Governing Law 

The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns. 

Independent Legal Advice 

Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade. 

Severance 

If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.