Speak More Clearly Terms & Conditions

These terms and conditions (“Conditions”) apply to the entire contents of this website under the domain name www.speakmoreclearly.com (“Website”) and to any correspondence by e-mail between us and you. Please read these terms carefully before using this Website. Using this Website indicates that you accept these terms regardless of whether or not you purchase any software or services from us. If you do not accept these terms, do not use this Website. This Website and all the text content and videos are owned and copyrighted by Speak More Clearly.Com (Speak More Clearly).

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SPEAK MORE CLEARLY SERVICE.
THESE TERMS CONSTITUTE A LEGALLY BINDING CONTRACT BETWEEN YOU AND SPEAK MORE CLEARLY. YOU
MUST READ AND AGREE TO THESE TERMS BEFORE USING THE SPEAK MORE CLEARLY SERVICE.
BY CHECKING A BOX INDICATING YOU ACCEPT THESE TERMS, OR BY ACCESSING OR USING
THE SPEAK MORE CLEARLY SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT
AGREE, YOU MAY NOT USE THE SPEAK MORE CLEARLY SERVICE.

Please print a copy of the Terms for your records.

1. Introduction

By accessing any part of this Website, you shall be deemed to have accepted this legal notice in full. If you do not accept this legal notice in full, you must leave this Website immediately. Speak More Clearly reserves the right, at any time and from time to time, temporarily or permanently, in whole or in part, to: modify or discontinue the Website with or without notice; limit the Website’s availability to any person, geographic area or jurisdiction we choose; charge fees in connection with the use of the website; modify and/or waive any fees charged in connection with the Website; and/or offer opportunities to some or all users of the Website. You agree that neither we nor any affiliated entity shall be liable to you or to any third party for any modification, suspension or discontinuance of the Website, in whole or in part, or of any service, software, content, submission, feature or product offered through the Website. Your continued use of the Site after such changes will indicate your acceptance of such changes. You should check this Website from time to time to review the then current legal notice. Certain provisions of this legal notice may be superseded by expressly designated legal notices or terms located on particular pages at this Website.

2. License and Conditions

Speak More Clearly grants you a limited license to access and make use of the Website. As a condition of such license, you agree: a) not to download or modify any part of the Website, except with the express and prior written consent of Speak More Clearly; b) not to download or copy any account information for the benefit of another merchant; c) not to collect or make any use of any product listings, descriptions, or prices; d) not to resell or make any commercial use of this Website or its contents including our courses; e) not to reproduce, duplicate, copy, sell, resell or otherwise exploit the Website for any commercial purpose without express written consent of Speak More Clearly; f) not to make any derivative use of this Website or its contents; g) not to frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Speak More Clearly and its group companies without express written consent of Speak More Clearly; h) not to use any meta tags or any other “hidden text” utilizing the Speak More Clearly name or trademarks without the express written consent of Speak More Clearly; and i) not reproduce or store any part of this Website in any other website or include any part of this Website in any public or private electronic retrieval system or service without prior written permission from Speak More Clearly. The copyright and other intellectual property rights in all material on this Website (including without limitation text, photographs and graphics) are owned by Speak More Clearly or its licensors. If you breach any of the terms in this legal notice, your permission to use this Website automatically terminates. You are also advised that Speak More Clearly will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution. All copyrighted material of Speak More Clearly indicated on the Website are copyrights of Speak More Clearly or its group companies in Australia and other countries. Without the prior consent of Speak More Clearly, you agree not to display or use in any manner the Speak More Clearly logo or copyrighted material. Any rights not expressly granted in these terms are reserved.

3. Service Access

While Speak More Clearly attempts to ensure that this Website is normally available 24 hours a day, Speak More Clearly shall not be liable if for any reason this Website is unavailable at any time or for any period. Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond the control of Speak More Clearly.

4. Visitor Material and Conduct

Other than personally identifiable information, which is covered under the Privacy Policy, any material you transmit or post to this Website shall be considered non-confidential and non-proprietary. Speak More Clearly shall have no obligations with respect to such material. Speak More Clearly and its designees shall be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes. You are prohibited from posting or transmitting to or from this Website any material: a) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or b) for which you have not obtained all necessary licenses and/or approvals; or c) which constitutes or encourages conduct that would be considered a criminal offense, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world; or d) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data). You may not misuse the Website (including, without limitation, by hacking; using robots, spiders, data mining or similar data gathering tools; and automated submission of data). Speak More Clearly shall fully co-operate with any law enforcement authorities or court order requesting or directing Speak More Clearly to disclose the identity or locate anyone posting any material in breach of paragraph 4(b) or paragraph 4(c).

5. Links to and From Other Websites

Links to third party websites on this Website are provided solely for your convenience. If you use these links, you leave this Website. Speak More Clearly has not reviewed all of these third party websites and does not control and is not responsible for these websites or their content or availability. Speak More Clearly therefore does not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk. If you would like to link to this Website, you may only do so on the basis that you link to, but do not replicate, the home page of this Website, and subject to the following conditions: a) you do not remove, distort or otherwise alter the size or appearance of the Speak More Clearly logo; b) you do not create a frame or any other browser or border environment around this Website; c) you do not in any way imply that Speak More Clearly is endorsing any products or services other than its own; d) you do not misrepresent your relationship with Speak More Clearly nor present any other false information about Speak More Clearly; e) you do not otherwise use any Speak More Clearly trademarks displayed on this Website without express written permission from Speak More Clearly; f) you do not link from a website that is not owned by you; and g) your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or of Speak More Clearly or otherwise does not comply with all applicable laws and regulations. h) Speak More Clearly expressly reserves the right to revoke the license granted in Section 2 for breach of these terms and to take any action it deems appropriate. You shall fully indemnify Speak More Clearly for any loss or damage suffered by Speak More Clearly or any of its group companies for breach of paragraph 5(b).

6. Disclaimer

While Speak More Clearly attempts to ensure that the information on this Website is correct, Speak More Clearly does not warrant the accuracy and completeness of the material on this Website. Speak More Clearly may make changes to the material on this Website, or to the products and prices described in it, at any time without notice. The material on this Website may be out of date, and Speak More Clearly makes no commitment to update such material. The material on this Website is provided “as is” and “as available” basis, without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, Speak More Clearly provides you with this Website on the basis that Speak More Clearly excludes all representations, warranties (either express or implied), conditions and other terms (including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, non-infringement and the use of reasonable care and skill) which but for this legal notice might have effect in relation to this Website.

7. Liability

Speak More Clearly, any other party (whether or not involved in creating, producing, maintaining or delivering this Website), and any of the Speak More Clearly affiliated companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, special, punitive, exemplary or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort [including without limitation negligence], contract or otherwise) in connection with this Website in any way or in connection with the use, inability to use or the results of use of this Website, any websites linked to this Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Website or your downloading of any material from this Website or any websites linked to this Website. If your use of material on this Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.

8. Terms of Service, Courses, Refunds, Products and Intellectual Property

Speak More Clearly graphics, logos, designs, page headers, button icons, scripts, service names and any other intellectual property are the sole and exclusive intellectual property of Speak More Clearly.

a) Speak More Clearly courses (“courses”) are for personal use only for the individual who has purchased the course. The courses are not permitted to be used by any other individuals, groups or third parties unless Speak More Clearly gives specific written consent.

b) The courses and their contents are copyrighted to Speak More Clearly and are not to be re-sold, licensed, downloaded, posted on the internet, made available for other’s to use or download, used as a teaching aid or aids or used in any other way than that mentioned in 8a) unless Speak More Clearly gives specific written consent. If a customer breaches these terms and conditions, they will not be eligible for a refund and Speak More Clearly will take legal action.

c) When purchasing courses, products or services from Speak More Clearly, you may not use as a username, the name of another person, or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

d) Online courses – customer’s shall have access to the course/s as long as they have an active membership. If a user cancels their membership/subscription they will no longer have access to the course or any of it’s contents. Speak More Clearly reserves the right to terminate a customer’s membership including but not limited to, suspicion of any illegal use. Our online courses are not a once off payment, they are an ongoing subscription. By signing up for the course, customer’s acknowledge that the course is an ongoing membership and the customer will continue to be charged every billing cycle until the customer cancels their membership.

Membership Cancellation & Refund Policy

If you want to cancel your membership, you can do so via your members portal. Login and go to the ‘my account’ page and fill out the cancelation form to cancel your membership.

Your online course membership is ongoing and will renew each billing cycle (monthly, quarterly, or yearly) automatically unless you cancel your membership through our cancelation portal.

You can also email smcsupport@speakmoreclearly.com to request a cancellation and we will provide you with the form/link to cancel your membership. You must fill out this form in order to successfully cancel your membership.

Refunds for online courses – Money Back Guarantee Terms:

A refund may be issued within 90 days (for American, Australian and British Accent Courses) from your initial payment. In order to receive a refund, you must contact us to request a refund. We will not give a refund for any payment that is more than 90 days (for American, Australian and British Accent Courses) from your initial payment. Refunds are not available for accounts that have violated the terms of service; violations are determined at Speak More Clearly’s sole discretion. There are no refunds or credits for non-used or partially used periods. Speak More Clearly will not extend any membership or give extra time on a payment period due to a user not using the course.

To initiate a membership fee refund email us at smcsupport@speakmoreclearly.com and request a refund. In order to receive a refund for a Speak More Clearly course, you agree to provide proof of purchase, including but not limited to: your first name, last name, the email address you used to purchase the course, invoice sent to you at the time of payment. Speak More Clearly reserves the right to refuse a refund, including but not limited to, the following reasons:

The customer’s initial payment is more than 90 days ago (regardless of whether you’ve used the course or not) for American, Australian and British Accent Courses.
Customer has breached Speak More Clearly’s Terms & Conditions.
Customer claims to have canceled their membership but there is no proof of cancellation in our logs.
Speak More Clearly will not give a refund because you thought the course came in the form of a physical package /CD/CDs/DVD.
Not contacting us at smcsupport@speakmoreclearly.com to request a refund within 90 days of the initial payment
Each customer is eligible for one refund only. We will not refund multiple payments.

Payment Disputes

Once a customer initiates a payment dispute, their access to the course is revoked, and they become ineligible for a refund.

Switching to a Different Accent Course or Membership Plan Policy

Customers can only switch accent courses with the same or higher membership plan.
Customers can only switch accent courses or membership plan if their membership is still within the money-back guarantee period.
We will only allow upgrade refund adjustment if the original/initial subscription is within the 90-day money-back guarantee period.
When customers switch accent courses or membership plan, the course that they switch to will still be an ongoing subscription and will renew each billing cycle (monthly, quarterly, or yearly) automatically, until they cancel their membership.

Fees and Renewal

The membership fee for our online courses is stated on our website here: British Accent Course, American Accent Course, Australian Accent Course. Your online course membership is an ongoing subscription and will renew each billing cycle (monthly, quarterly, or yearly), automatically unless you cancel your membership.

It is the customer’s responsibility to manage their own account. Speak More Clearly is not liable for any duplicate payments if the customer accidentally or deliberately signs up for the same course multiple times. If you think you have accidentally signed up for a course more than once, please contact smcsupport@speakmoreclearly.com for assistance.

Speak More Clearly will not extend any membership or give extra time to access the course due to a customer not using the course. Speak More Clearly will not extend the expiry date for any services due to a customer not using the services before the expiry date.

From time to time, we may offer different membership terms, and the fees for such membership may vary. The online course membership fee is non-refundable except as expressly set forth in these Terms.

If all eligible payment methods we have on file for you are declined for payment of your membership fee, you must provide us a new eligible payment method promptly or your access to the course will be removed. If you provide us with a new eligible payment method and are successfully charged, your new membership period will be based on the original renewal date and not the date of the successful charge.

UNLESS YOU NOTIFY US BEFORE A CHARGE THAT YOU WANT TO CANCEL OR DO NOT WANT TO AUTO RENEW, YOU UNDERSTAND YOUR SPEAK MORE CLEARLY MEMBERSHIP WILL AUTOMATICALLY CONTINUE AND YOU AUTHORIZE US (WITHOUT NOTICE TO YOU, UNLESS REQUIRED BY APPLICABLE LAW) TO COLLECT THE THEN-APPLICABLE MEMBERSHIP FEE AND ANY TAXES, USING ANY ELIGIBLE PAYMENT METHOD WE HAVE ON RECORD FOR YOU.

Pausing Your Membership:

A customer may pause their membership to our online accent course by filling out our pause membership form or contacting support: smcsupport@speakmoreclearly.com. Customers may only pause their membership for two consecutive periods. After which, the customer will need to either continue or cancel their membership. If the customer cancels their membership, they may sign up for the course again in the future and will be subject to any new course pricing. A customer’s paused period starts at the end of their billing cycle. During the paused period the customer will not be charged and will not have access to the course during this time. At the end of the paused period, provided that their payment has gone through successfully, the customer will regain access to their course and will continue to be charged at each billing cycle until they cancel their membership.

Private Coaching Cancellation & Refund Policy

If you book in time slot for a private coaching lesson and you need to cancel or reschedule your lesson, you must cancel at least 24 hours prior to your lesson to avoid being charged. To cancel/reschedule a lesson, email us at: smcsupport@speakmoreclearly.com

If you do not cancel at least 24 hours before your lesson, you will be charged for the lesson. If you have purchased multiple lessons and you cancel within 24 hours of your lesson, we will count it as one of your purchased lessons.

If, for any reason, you’re unable to attend within the first 10 minutes of the session, please note that the trainer retains the right to conclude the session, and it will still be regarded as a paid session.

You may get a refund for any unused lessons within 30 days of your purchase date. To request a refund, email smcsupport@speakmoreclearly.com

Group Coaching Terms of Service

If you sign up for an 8 week group coaching class, you are committing to the 8 week coaching class and agree to pay the total amount owed for the class regardless of whether you attend all the lessons or not. By signing up for group coaching classes you authorize us to collect any applicable group coaching class fees owed using any eligible payment methods we have on file for you.

If all eligible payment methods we have on file for you are declined for payment of your group coaching class fee, you must provide us a new eligible payment method before the next class or you will not be allowed to attend class.

Group Coaching Cancellation & Refund Policy

If you would like to discontinue group coaching after you have signed up, you will still need to pay the total amount owed for the class (regardless of whether you attend all the lessons or not).

No Refunds. Purchased lessons and classes are non-refundable. If you have been mistakenly charged for a class you did not purchase, you may request a refund. If you feel you have been charged in error, please contact our support team at smcsupport@speakmoreclearly.com. A refund request must be received by Speak More Clearly within thirty (30) days of the charge in order to be considered.

Any failed payments that are in collections will be owed to Speak More Clearly and you authorize us to collect the then applicable group coaching fee, and any taxes, using any eligible payment method we have on record for you.

If you purchase group coaching recordings and decide to discontinue your coaching class, you will still need to pay the money owed for the class, however, you may get a refund for the cost of the recordings. If you wish to get a refund for group coaching recordings, email us at smcsupport@speakmoreclearly.com to request a refund. You will not receive a refund for the recordings if you do not email us to request one.

Ongoing Group Coaching Subscription:

Ongoing group coaching is a subscription and your subscription will renew each billing cycle (monthly, quarterly), automatically unless you cancel your membership. You may cancel your group coaching subscription at any time to avoid future charges. To cancel your subscription, email us at: smcsupport@speakmoreclearly.com

If you would like to discontinue group coaching, you may not get a refund for any remaining lessons paid for on your current billing cycle unless otherwise stated in an email offer. Email offer guarantees are applicable to the duration of the offer.

If you have been mistakenly charged for a class you did not purchase, you may request a refund. If you feel you have been charged in error, please contact our support team at smcsupport@speakmoreclearly.com. A refund request must be received by Speak More Clearly within thirty (30) days of the charge in order to be considered.

General

a) Governing Law and Jurisdiction. The Terms shall be governed by and construed in accordance with the laws of Australia, as if made within New South Wales between two residents thereof, the parties submit to the exclusive jurisdiction of New South Wales courts.

b) Entire Agreement. The Conditions constitute the entire agreement between you and Speak More Clearly and govern your use of the Website, superseding any prior agreements between you and Speak More Clearly with respect to the Website. You will be subject to additional terms and conditions that will apply when you use or purchase Speak More Clearly services and products.

c) Waiver and Severability of Terms. The failure of Speak More Clearly to exercise or enforce any right or provision of the Conditions shall not constitute a waiver of such right or provision. If any provision of the Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Conditions remain in full force and effect.

d) Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Last Updated: November 11th 2020