The Successful Speechie Academy
LICENCE PURCHASE TERMS AND CONDITIONS
Thank you for making a purchase with The Successful Speechie Academy. These Terms and Conditions govern your purchase and are to be read in conjunction with the Pre-School Language Accelerator Licence Agreement provided to you prior to purchase (the ‘Licence Agreement’).
By clicking “accept” you agree to these Terms and Conditions.
1. Purchase Services
- The Website is operated by Speak About Speech Pathology Pty Ltd (ACN: 616 142 379) t/a The Successful Speechie Academy (‘The Successful Speechie Academy’). Access to and use of the Website, or any of its associated Licences is provided by The Successful Speechie Academy.
- The Website provides you with an opportunity to browse and purchase a Licence (the ‘Licence’) for the Pre-School Language Accelerator Library, an educational course (the ‘Course’) that has been listed for sale through the Website. The Website provides this service by way of granting you access to the content on the Website (the 'Purchase Services').
- 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 The Successful Speechie Academy in the user interface.
3. Personal Information
3.1. When purchasing a membership, you will be required to provide personal information such as your business name, address, ABN, telephone number and e-mail address.
3.2. You agree that all details that you have provided in completing the purchase are true and correct.
4. Purchase of Licences
- In using the Purchase Services to purchase the Licence through the Website, you will agree to the payment of the purchase price listed on the Website and within the Licence Agreement (‘Licence Agreement’) for the Licence (the 'Purchase Price').
- The Purchase Price corresponds to the Licence Package (‘Licence Package’) selected with all inclusions and fees outlined in the Licence Agreement provided to you prior to purchase.
- You are able to select from 3 payment plan options to pay the Purchase Price. These are outlined in the Licence Agreement as bi-annually or monthly.
- The License will renew automatically yearly on the date of purchase of the initial License unless terminated by you. The most current Fees and License Package inclusions will apply to each renewal.
- Payment of the Purchase Price may be made through Stripe (the 'Payment Gateway Providers').
- Following payment of the Purchase Price being confirmed by The Successful Speechie Academy, you will be issued with a receipt to confirm that the payment has been received and The Successful Speechie Academy may record your purchase details for future use.
Refunds and Termination of Licence
Due to the nature of the Licence, all sales are final and no refunds can be given.
You are permitted to terminate your Licence by giving 30 days’ notice. You can do so by e-mailing [email protected].au
Regardless of the payment plan chosen, a minimum of 3 months membership is required.
If you like to terminate during the challenge, you will not be given a refund.
- The Successful Speechie Academy’ Licences 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 Licence and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Licences repaired or replaced if the Licences fail to be of acceptable quality and the failure does not amount to a major failure (the 'Warranty').
- Delivery of Licence and Licence Information
- Each License purchase grants to the Licensee a Primary Membership to access the Course through the Member Portal. You are able to purchase additional logon details to allow team members/employees to access the Course (‘Additional Users’). Each Additional User is given access to a separate Member Portal.
- Without purchasing Additional User logon details, sharing of your Licence is prohibited. This includes the sharing of any supplemental course materials, booklets, and access to the Member Portal.
9. Medical Use and Information Disclaimer
- The information contained on this Website, associated blog and within all associated Courses 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 Courses offered by The Successful Speechie Academy.
- To the extent permissible by law, The Successful Speechie Academy 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 Course, associated blog, on the Website, social media accounts or on any other related platform.
10. General Disclaimer
- You acknowledge that The Successful Speechie Academy does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Licences and Courses other than provided for pursuant to these Terms.
- 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.
- The Successful Speechie Academy 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 Purchase Services or these Terms (including as a result of not being able to use the Purchase Services or the late supply of the Purchase Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
- Use of the Licences of The Successful Speechie Academy is at your own risk. Everything on the Website, the Purchase Services, and the Courses of The Successful Speechie Academy, 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 The Successful Speechie Academy make any express or implied representation or warranty about its Content or any Course or Purchase Services (including the Course or Purchase Services of The Successful Speechie Academy) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
- 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;
- the accuracy, suitability or currency of any information on the Website, the Purchase Service, or any of its Content related Courses (including third party material and advertisements on the Website);
- costs incurred as a result of you using the Website, the Purchase Services or any of the Courses;
- the Content or operation in respect to links which are provided for the Member's convenience;
- any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or
- any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.
11. Limitation of Liability
- The Successful Speechie Academy' total liability arising out of or in connection with the Purchase 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 The Successful Speechie Academy is the resupply of information or Purchase Services to you.
- You expressly understand and agree that The Successful Speechie Academy, 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.
- The Successful Speechie Academy is not responsible or liable in any manner for any site content (including the Content and Third Party Content) posted on the Website or in connection with the Purchase Services, whether posted or caused by users of the website of The Successful Speechie Academy, by third parties or by any of the Purchase Services offered by The Successful Speechie Academy.
- You agree to indemnify The Successful Speechie Academy, 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 Website and Member Portal;
- 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.
13. Dispute Resolution
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).
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.
On receipt of that notice ('Notice') by that other party, the parties to the Terms ('Parties') must:
- 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;
- 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;
- 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;
- The mediation will be held at a location to be agreed between the parties.
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.
14. 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.
15. 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.
16. 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.
- 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.