Welcome to SpeakUp Australia. These Terms of Service ("Terms") govern your use of our website, courses, and services (collectively, "Services"). Please read these Terms carefully before using our Services.

By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Services.

1. Acceptance of Terms

By accessing or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy and Cookie Policy.

We reserve the right to modify these Terms at any time. Any changes will be effective immediately upon posting the updated Terms on our website. Your continued use of our Services after any such changes constitutes your acceptance of the new Terms.

2. Eligibility

You must be at least 16 years old to use our Services. By using our Services, you represent and warrant that you meet this eligibility requirement. If you are under 18 years old, you represent that you have your parent or guardian's permission to use the Services and they have read and agree to these Terms on your behalf.

3. Account Registration

Some of our Services require you to create an account. When you register for an account, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Keep your password secure and confidential
• Notify us immediately of any unauthorized use of your account
• Be responsible for all activities that occur under your account

We reserve the right to suspend or terminate your account if any information provided is inaccurate, false, or incomplete.

4. Course Enrollments and Payments

4.1 Course Enrollments

When you enroll in a course offered by SpeakUp Australia, you gain access to the course content for the specified enrollment period. The enrollment period varies depending on the course and is clearly stated on the course description page.

4.2 Payments

All prices for our courses and services are in Australian Dollars (AUD) and include applicable Goods and Services Tax (GST). By enrolling in a paid course, you agree to pay the specified fees. We accept payment through the methods specified on our website.

4.3 Refund Policy

Our refund policy is as follows:

• You may request a full refund within 7 days of enrollment if you have not accessed more than 20% of the course content.
• For in-person courses, you may request a full refund up to 14 days before the start date. Cancellations made 7-14 days before the start date will receive a 50% refund. No refunds will be issued for cancellations less than 7 days before the start date.
• Special circumstances will be considered on a case-by-case basis.

To request a refund, please contact us at [email protected] with your name, order number, and reason for the refund request.

5. Intellectual Property Rights

5.1 Our Intellectual Property

The content, features, and functionality of our Services, including but not limited to text, graphics, logos, images, audio, video, and software, are owned by SpeakUp Australia or our licensors and are protected by Australian and international copyright, trademark, patent, and other intellectual property laws.

5.2 Limited License

We grant you a limited, non-exclusive, non-transferable, and revocable license to access and use our Services for your personal, non-commercial use. This license does not include:

• The right to reproduce, distribute, publicly display, or publicly perform our content
• The right to modify, create derivative works from, or use our content for any commercial purpose
• The right to access or mine our Services for any commercial purpose
• The right to decompile, reverse engineer, or attempt to extract the source code of our software

5.3 User Content

You retain ownership of any content you submit, post, or display on or through our Services ("User Content"). By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, and distribute such content in connection with providing the Services.

You represent and warrant that you own or have the necessary rights to submit your User Content and that it does not violate any third party's intellectual property or other rights.

6. Prohibited Conduct

You agree not to:

• Use our Services in any way that violates any applicable law or regulation
• Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity
• Interfere with or disrupt the operation of our Services or servers or networks connected to our Services
• Attempt to gain unauthorized access to any portion of our Services or any other systems or networks connected to our Services
• Use our Services to transmit any viruses, malware, or other malicious code
• Collect or harvest any personally identifiable information from our Services
• Use our Services to send unsolicited communications, promotions, or advertisements
• Engage in any conduct that restricts or inhibits anyone's use or enjoyment of our Services

7. User Submissions and Feedback

If you submit ideas, suggestions, or feedback about our Services ("Feedback"), you agree that:

• We may use such Feedback without restriction or compensation to you
• We are under no obligation to keep such Feedback confidential
• We do not waive any rights to use similar or related ideas or suggestions previously known to us, developed by our employees, or obtained from other sources

8. Third-Party Links and Services

Our Services may contain links to third-party websites or services that are not owned or controlled by SpeakUp Australia. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that we shall not be responsible or liable for any damage or loss caused by or in connection with use of or reliance on any third-party websites or services.

9. Disclaimer of Warranties

OUR SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT OUR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR SERVICES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

10. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SPEAKUP AUSTRALIA, ITS DIRECTORS, EMPLOYEES, PARTNERS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES
• ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES
• ANY CONTENT OBTAINED FROM THE SERVICES
• UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS EXCEED THE AMOUNT PAID BY YOU TO US DURING THE TWELVE (12) MONTH PERIOD PRIOR TO THE ACT GIVING RISE TO THE LIABILITY.

11. Indemnification

You agree to defend, indemnify, and hold harmless SpeakUp Australia, its directors, employees, partners, and affiliates from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Services, your violation of these Terms, or your violation of any third-party rights.

12. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of Victoria, Australia, without regard to its conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in Victoria, Australia for the resolution of any disputes arising from these Terms or your use of our Services.

13. Severability

If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

14. Entire Agreement

These Terms, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and SpeakUp Australia regarding our Services and supersede any prior agreements between you and SpeakUp Australia relating to the Services.

15. Contact Information

If you have any questions about these Terms, please contact us at:

SpeakUp Australia
Level 12, 120 Spencer Street
Melbourne, VIC 3000
Email: [email protected]
Phone: 1300 773 258