Terms and Conditions for purchases and downloads

AGREEMENT

This Agreement applies to your purchases and/or downloads of Speechies in Business Product(s) from a Website. The parties to this Agreement are: (1) the person who makes the purchase and/or download, referred to throughout the Agreement as “you” or “your”, and (2) our company, Banter Speech & Language Pty Limited t/as Speechies in Business, whose registered address is Level 1, 85 Queen Street, North Strathfield, New South Wales, 2137, Australia and whose Australian company number is 164 658 315.  Banter Speech & Language Pty Limited t/as Speechies in Business is referred to in this Agreement as the “Company”, “we”, “our” and “us”.

We may make changes to the terms and conditions of this Agreement, but the latest version will always appear on this page.  Any changes to this Agreement will apply to all new orders placed after the change is published on a Website.  You should check this Agreement before each order you place, in case it has changed since your last visit.

Separate terms and conditions apply for bookings with us, and to your use of a Website (“Terms of Use”).  By using a Website (even if you don’t buy any goods) you also agree to be bound by the Terms of Use.  In the event of a conflict between this Agreement and the Terms of Use, this Agreement will prevail.

DEFINITIONS

In this Agreement, the following capitalised words have these specific meanings:

Speechies in Business Product’ means one of our items available for sale (including for a price of $0) and/or download on or through a Website including, without limitation, access to any resource, content, form, precedent, publication, e-publication, audio recording, video recording, composition, software, communication service, artwork, product or product information (collectively, the “Speechies in Business Products“).

Website’ means a Speechies in Business website at www.speechiesinbusiness.com or www.speechiesinbusiness.com.au domain, respectively or a third party website where Speechies in Business Products are available for purchase (collectively, the “Websites”).

SERVICES AND PRODUCTS

Through the Websites, we provide you with access to Speechies in Business Products.  Intellectual property laws protect the Speechies in Business Products. Unless you are an Authorised User (see below), you are not permitted to use the Speechies in Business Products for any purpose.

SPEECHIES IN BUSINESS PRODUCTS ARE NOT LEGAL ADVICE

None of the Speechies in Business Products, or any other contents of our Speechies in Business Websites, constitutes legal advice.  You must satisfy yourself that Speechies in Business Products are appropriate for you in a particular case or circumstances for your intended use.  None of us, our directors, officers, employees, contractors, agents, authors or suppliers:

(a) is providing legal advice;

(b) represents or warrants that Speechies in Business Products are free of defects or fit for any specific purpose; or

(c) accepts any liability for any errors or omissions in the Speechies in Business Products or any loss or damage resulting from or in connection with the use of Speechies in Business Products.

Unless you are familiar with the laws and legal procedures relating to the Speechies in Business Products you choose to use, you should seek legal advice before using Speechies in Business Products.  Speechies in Business Products may include technical inaccuracies or typographical errors (or both).  The information contained in Speechies in Business Products changes periodically.  We, our directors, officers, employees, contractors, authors and/or suppliers may change Speechies in Business Products at any time in our sole discretion without notice or liability.

LIMITATION OF USE OF SPEECHIES IN BUSINESS PRODUCTS

We make Speechies in Business Products available to you for use in your ordinary course of business.  You are authorised to use Speechies in Business Products for the following purposes:

(a) the giving of professional advice to your clients;

(b) your own professional development; and

(c) inclusion in professional communications with your clients and potential clients (“Authorised User”).

Other than provided in items (a) to (c) above, you are not permitted to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any content, information, software, products or services obtained from Speechies in Business Products.  Any exporting capabilities are solely an accommodation to you and shall not constitute a grant or waiver (or other limitation or implication) of any rights as the copyright owners in any Speechies in Business Products.

BUSINESS USE ONLY

You acknowledge and agree that the Speechies in Business Products provided by us are intended to be used by professionals and their staff in the course of their business and are not consumer products or services or goods or services of a kind ordinarily acquired for personal, domestic or household user consumption (unless specifically advised by us).

USE OF SPEECHIES IN BUSINESS PRODUCTS

Use of Speechies in Business Products requires a compatible device, Internet access, and certain software, and may require obtaining updates or upgrades from time to time. Because use of Speechies in Business Products involves hardware, software, and Internet access, each of these items may affect your ability to use Speechies in Business Products. High speed Internet access is strongly recommended.  You acknowledge and agree that such system requirements are entirely your responsibility, and may change from time to time.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of Speechies in Business Products, you will not use Speechies in Business Products for any purpose that is unlawful or prohibited by these terms, conditions, and notices.  You may not use Speechies in Business Products in any manner that could damage, disable, overburden, or impair any Company server, or the network(s) connected to any Company server, or interfere with any other party’s use and enjoyment of any products or services.  You may not attempt to gain unauthorised access to any Speechies in Business Products, computers, other accounts, computer systems or networks connected to any Company server or to any of the Speechies in Business Products, through hacking, password mining or any other means.  You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through Speechies in Business Products.

CANCELLATION POLICY

In our sole discretion, we may immediately suspend, terminate or limit your access to Speechies in Business Products if we have reasonable cause to believe you are in breach of this Agreement and will notify you of such suspension, termination or limitation by email within five business days of such event.

BILLING DETAILS, ACCOUNT, PASSWORD, AND SECURITY

If any Speechies in Business Product requires you to provide your billing details and/or open an account, you must complete the registration process by providing us with current, complete and accurate information (“Registration Data”).  You may also be required to choose a password and a user name.  You are entirely responsible for maintaining the confidentiality of your billing details, password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account or with your billing details.

You agree to notify us immediately of any unauthorised use of your billing details, account or any other breach of security. We will not be liable for any loss that you may incur as a result of someone else using your billing details, password or account, either with or without your knowledge. However, you could be held liable for losses incurred by us or another party due to someone else using your billing details, account or password.

You may not use anyone else’s account at any time, without the permission of the account holder.  You further agree to maintain and update your Registration Data as required to keep it accurate, current, and complete.  We may terminate your rights to any or all of the Speechies in Business Products if any information you provide is false, inaccurate or incomplete.  You agree that we may store and use the Registration Data you provide (including payment card information) for use in maintaining your accounts and billing details, and for billing fees to your payment card.

ORDERING

Orders of Speechies in Business Product(s) are subject to availability.  When you place an order, the order will only become legally binding on us when we send you an email confirming your order is complete and/or you download the relevant Speechies in Business Product or we otherwise make the Speechies in Business Product available to you. If we cannot fulfil your order for any reason, we will notify you as soon as we reasonably can.

We try to ensure that product details displayed on a Website are correct and up-to-date. However, any error or omission in any information on a Website, or in any other communication or document issued by us, may be corrected without any liability on our part.  You will then be given the option of re-confirming your order at the correct price or cancelling your order.  If you have already paid for a Speechies in Business Product(s) at an erroneous price, you will receive a full refund if you decide to cancel.

Any images of products on a Website are intended as a guide and the actual Speechies in Business Product may differ.

Before clicking the ‘Place Order’ or ‘Proceed to Paypal’ button on a Website, you should check that your order summary is correct.  You should print or retain your email confirmation in case you need to contact us about your order.

PAYMENT

Unless otherwise stated, all prices shown on a Speechies in Business Website are inclusive of Goods and Services Tax and other applicable Australian taxes.

Orders must be paid for immediately by credit card, debit card or direct bank transfer.  If we cannot accept your order for any reason, we will, to the extent permitted by law, process a full refund within seven days.

MAKING AVAILABLE A SPEECHIES IN BUSINESS PRODUCT

We will endeavour to make available a Speechies in Business Product(s) by download as soon as practicable after confirmation of your order.  However, we cannot accept responsibility for loss or damage caused by any delay in making available the Speechies in Business Product(s). We will try to keep you informed in the event of any delay.

We will make available the Speechies in Business Product to you via a Website and/or a download link will be sent to the email address specified by you when ordering. If you are ordering products for delivery or access outside of Australia, please check what taxes or duties may apply, as you will have to pay these yourself.  We do not know and cannot control what charges you may have to pay once the Speechies in Business Product(s) are made available to you outside Australia.

As soon as the Speechies in Business Product(s) are made available to you, the risk in the Speechies in Business Product(s) will pass to you.  This means that you will be liable for any subsequent damage, loss or destruction to the Speechies in Business Product(s).

LIABILITY

Our entire liability to you for loss or damage arising out of this Agreement is limited to the price paid for the Speechies in Business Product(s) you purchased and/or downloaded.  The only exceptions to this are that we do not limit our liability for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.

To the extent permitted by law, all warranties, conditions and guarantees implied by law or otherwise are excluded and none of Banter Speech & Language Pty Limited, its directors, officers, employees, contractors, agents, authors, or suppliers, or its or their affiliates or related bodies corporate will be liable to you or any third party in any way for any loss, damage, costs or expenses you or they may suffer or incur as a result of using Speechies in Business Products or any other content published by us.

To the extent that any warranty or guarantee is implied by law or the law prohibits the exclusion or modification of liability in a particular way, then, to the full extent permitted by law, our liability will be limited to the supply of the Speechies in Business Product again, the correction of the Speechies in Business Product or the payment of the costs of having the services provided in the Speechies in Business Product supplied again, as chosen by us.

We shall not be liable for any loss of business, loss of revenue or profits, loss of goodwill, lost opportunity, or any indirect, special, exemplary, consequential, incidental or punitive loss or damage whatsoever, even if advised of the possibility of such damages.

We do not warrant that a Speechies in Business Product, a Website or a server that makes a Speechies in Business Product or Website available is error or virus free or free of other harmful components or that your use of a Website will be uninterrupted.  We accept no liability for any inaccuracies on a Website, or for any decisions taken in reliance on information on a Website.  We exclude to the fullest extent permitted by applicable law all liability for any loss, claim, expenses or damages whatsoever directly or indirectly arising out of the use or inability to use a Website.

DATA PROTECTION

We may use a third party company to fulfil your order.  In this case, we will need to share your personal information with them; specifically, your name, address, email address and telephone number.  By placing an order, you consent to our sharing your details with such third party for the purpose of fulfilling your order only.

FORCE MAJEURE

We shall not be liable for any breach of these terms and conditions which is a result of circumstances beyond our reasonable control, including without limitation war, insurrection, riot, civil unrest, sabotage, boycott, embargo, explosion, fire, earthquake, flood, unavoidable accident, epidemic, act of God, action or inaction of any governmental official or agency (civil or military) and refusal of any licences or permits, if properly applied for.

GENERAL

Entire agreement: This Agreement, together with the Terms of Use, and (if applicable) Booking Terms and Conditions, forms the complete and exclusive statement of the agreement between us and you in relation to your use of a Website and our supply of Speechies in Business Products to you.  It supersedes any proposal or prior agreement, oral or written, and any other communications between us and you relating to their subject matter.

Variations: Any terms purporting to vary this agreement in any order, or other written or electronic communication from you, are ineffective unless specifically accepted as a variation to this agreement by us in writing.

Third party links: You may, from time to time, be provided with links to other websites through use of a Website.  These links are provided as a convenience and these websites are not controlled by us in any way and we are not responsible for the content, accuracy, completeness, legality or any other aspect of these other websites including any content provided on them.  You access such websites at your own risk.

Assignment: You may not transfer, assign or otherwise dispose of your interest in this Agreement without our prior written consent.

Rights of Third Parties: A person who is not a party to this Agreement has no rights to rely upon or enforce any term of this Agreement.

Severability: If any provision in this Agreement is deemed to be illegal, unenforceable or invalid for any reason, it shall be deemed to have been struck out and the remaining provisions shall survive and continue to be binding and enforceable.

No waiver: Any failure by us to enforce any provision of this Agreement at any time shall not be construed as a waiver of such provision and shall not affect our right to enforce such provision, or other provisions.

Jurisdiction and Choice of Law: The construction, validity and performance of this Agreement shall be governed by the laws of New South Wales, Australia and both parties submit to the non-exclusive jurisdiction of the New South Wales Courts.

Contact: if you have any questions relating to this Agreement, please contact us.

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