Access to and use of clearspeak.com.au (including any on-line courses, messaging and training material) (‘the Service’) within Australia and internationally is provided by ClearSpeak Pty Limited (‘we’, ‘us’ or ‘our’) on the following Terms and Conditions.

By using the Service you agree to be bound by these Terms and Conditions, which shall take effect immediately on your first use of the Service. If you do not agree to be bound by all of the following Terms and Conditions you may not access, use and/or contribute to the Service.

1. You agree to use the Service only for lawful purposes. You may not use the Service or any part of it for commercial purposes other than as prescribed by ClearSpeak.

2. You must only use the Service in a way that does not infringe the rights of, restrict or inhibit anyone else's use and enjoyment of clearspeak.com.au. Prohibited behaviour includes harassing or causing distress or inconvenience to any person, transmitting obscene or offensive content or disrupting the normal flow of dialogue within the Service.

3. We operate a ‘fair user’ policy to protect the quality of service to our users. If we believe you are using excessive bandwidth, or your use of the Service is adversely affecting any part of our network or other users, we reserve the right to manage or regulate your usage of the Service. This may include temporarily suspending your User account.

4. ClearSpeak reserves the right to make change to these Terms and Conditions from time to time and so you should check these regularly. Your continued use of the Service will be deemed acceptance of the updated or amended Terms and Conditions. If you do not agree to the changes, you should cease using the Service.

1. A ‘Course’ refers to a training program or event provided by ClearSpeak. It includes online self-study learning as well as seminars and workshops. The Time-Online Program is a trademarked and copyrighted ClearSpeak online program offering various Courses.

2. A ‘User’ is an individual either undertaking the training themselves (a student) or supervising the training of another (a ‘Facilitator’). The terms ‘Regular User’ (and ‘Regular Facilitator’) will apply when there is a need to differentiate these Users from ‘Fair-Go Users’ (and ‘Fair-Go Facilitators’) training under the Fair-Go Discount Option conditions. In all other cases, the terms ‘User’ applies to both Regular and Fair-Go individuals.
A Fair-Go ‘Organiser’ is a representative of a not-for-profit organisation authorised to provide Fair-Go
Courses for their constituents.

3. A Course provided in the ’Fair-Go Discount Option’ is a low-cost option for financially disadvantaged student Users. It is provided as a community service and is subject to different delivery terms to that of ‘Regular’ Users (Facilitators and students). The same general Terms and Conditions apply unless otherwise stated. These discounted Courses are only available through a Fair-Go Organiser as defined and registered by ClearSpeak
at their discretion. This discount option is only available to bona fide users deemed by their ClearSpeak Organiser to have financial disadvantage. ClearSpeak has no role in Fair-Go student User selection;
nor liability for the User selection decisions made by the Organiser.

4. The Course ‘Duration’ for all Time-Online Courses is a period of six months from the date a Course
payment is processed.

Registration

1. In order to participate in and contribute to clearspeak.com.au Courses you will be required to register with clearspeak.com.au. Any personal information supplied to clearspeak.com.au as part of this registration process and/or any other interaction with clearspeak.com.au will be collected, stored and used in accordance with ClearSpeak’s PRIVACY POLICY (see below).

2. To register on this website you must be over sixteen years of age unless you have the explicit permission of your parent or guardian.

3. You must ensure that the details provided by you on registration or at any time are correct and complete.

4. Your course registration is linked to the email address you provide to ClearSpeak at time of payment. Course material will only be provided through this address. You may not transfer your course access to a different email address.

5. All user’s accounts must be registered with a valid personal email address that you access regularly. Accounts registered with someone else's email address, or with temporary email addresses may be closed without notice. We may require users to re-validate their account if we believe they have been using an invalid email address.

6. You must keep your password, User name and any Course code information confidential and not disclose these or share them with anyone. If you know or suspect that someone else knows your password you should notify us by contacting admin@dev.clearspeak.com.au immediately.

7. If ClearSpeak has reason to believe that there is likely to be a breach of security or misuse of the website, we may require you to change your password or we may suspend your account.

8. ClearSpeak reserves the right to close accounts if any User is seen to be using proxy IPs (Internet Protocol addresses) in order to attempt to hide the use of multiple accounts, or disrupts any of our services in any way.

9. If you use multiple logins for the purpose of disrupting a community or other users you may have action taken against all of your accounts.

10. We may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these Terms and Conditions.

11. The suspension or cancellation of your registration and your right to use the Service shall not affect either party’s statutory rights or liabilities.

12. Registration is made electronically and requires a confirmation that the User has read and agreed to these Terms and Conditions, the Privacy Policy, and the Fees & Charges documentation online. This action provides confirmation in lieu of a signature. In checking the appropriate box, the User fully accepts ClearSpeak 's Terms and Conditions.

13. Regular Facilitators and student Users do not have to re-register if they purchase or supervise another Course at a later date. Their log-in details are retained in the ClearSpeak system. These details are kept confidential and are not shared with any outside party. If a student User wishes to have their details removed from the ClearSpeak system, they can request this by email to admin@dev.clearspeak.com.au. Fair-Go Facilitators must have their registration renewed annually by their Fair-Go Agent and may request that their name be deleted from our system at any time.


Payment & Confirmation

1. The fee for the Time-Online Program Service is calculated and payable at the time of registration on clearspeak.com.au.

2. Your credit/debit card details are not handled by ClearSpeak. All payment and all credit card handling is through a third party, PayPal Inc or Stripe. We do not store any credit card details.

3. All prices are expressed in Australian Dollars and are inclusive of Australian Goods & Services Tax. Fees are subject to change without notice and will be confirmed at the time of registration, prior to payment being processed. International account Users pay the fee quoted minus the GST.

4. International account Users are liable for all taxes and/or surcharges applicable by law within their local jurisdiction. See International Payments below for further Conditions.

5. Discounts on Course fees and training materials can only be claimed at the time the purchase is processed. Discounts will not be offered retrospectively. Multiple discounts cannot be applied to the same transaction.

6. Fair-Go Agents and/or their Fair-Go Facilitators are liable to pay all Course fees for their Fair Go student Users at the time a Course is purchased. ClearSpeak reserves the right to refuse Service to any Fair-Go student User or Facilitator if we believe the program materials and/or Service is being used in a manner for personal commercial gain outside the authority granted by ClearSpeak; or believe they are giving access to a third party who is not eligible for the Fair-Go discount option.

7. Users registered as Regular Facilitators have authority to supervise Regular student Users who have purchased a Course for their own learning. Regular Facilitators may at their discretion require Users to pay
a surcharge for their training expertise and services. Fair-Go Facilitators are not authorised to require a surcharge be paid by Fair Go student Users for such services.

8. Fair-Go Agents may request full or part reimbursement from their students for course fees entirely at their discretion. ClearSpeak plays no role whatsoever in either setting guidelines for such reimbursement or for effecting such payments via the ClearSpeak system.

9. Course registration will only be confirmed upon receipt of full payment of Course fees. An enrolment confirmation and tax invoice will be emailed after payment has been received by ClearSpeak.

1. Purchase of a Time-Online training Course allows the purchaser (an individual) access to the online training for a Duration of no longer than six months, calculated from the date of payment receipt by ClearSpeak.

2. Users may not upgrade from a Foundation to an Expert Course. If students require access to additional exercise Sound Kits beyond those selected in their first course, they may register and purchase these in a new and separate second Course.

3. If a student registers to study under a Regular Facilitator, and that Facilitator cannot continue in this role for any reason, the student will be re-assigned as a Self-study student. If a student registers to study under a Fair-Go Facilitator, and that Facilitator cannot continue in this role for any reason, the student may be assigned to another Fair-Go Facilitator nominated by the Organiser.

4. ClearSpeak reserves the right to change the terms applying to access or delivery of training content or process to both Regular and Fair-Go Users. Such changes will not apply to a Users’ current Course.

1. Users registered as Regular Facilitators have authority to supervise Regular student Users who have purchased a Course for their own learning. Student Users register on clearspeak.com.au and pay the current quoted fee direct to ClearSpeak. Fair Go Facilitators are not authorised to require payment from Fair Go student Users to compensate them for the time they spend in supervision.

2. ClearSpeak reserves the right to refuse orders from businesses or parties we consider are using the Service for unauthorised commercial concerns (as defined by ClearSpeak). You may not re-sell or make available to any third party the Online Course Service without the prior written consent of ClearSpeak Pty Limited.

3. Subject to paying the applicable fees, universities and other teaching organizations are permitted to act as Facilitators and deliver the Online Course Service to their named student Users.

1. All copyright, trademarks, design rights, patents and other intellectual property rights (registered and unregistered) in and of the Service and all content (including all applications and materials) located on or available through the Service shall remain vested in ClearSpeak.

2. You must not copy, reproduce, republish, disassemble, decompile, reverse engineer, download, post, broadcast, transmit, make available to the public, or otherwise use clearspeak.com.au content except for (a) your own personal use; or (b) authorised commercial use as outlined by ClearSpeak. You also agree not to adapt, alter or create a derivative work from any ClearSpeak content for commercial use. Any other use of clearspeak.com.au content requires the prior written permission of ClearSpeak Pty Limited.

3. Nothing contained in these Terms and Conditions shall be construed as conferring any license or right for another party to use any trademark, design right or copyright of ClearSpeak.

4. The ClearSpeak name and trademarking on materials must be retained if these are used as part of another training course or initiative. Any publication, communication or advertising copy referring to this material must contain a clear reference to ClearSpeak Pty Limited.

ClearSpeak maintains strict online security measures. This is to ensure that our business is managed in accordance with worldwide legal developments and to protect against cyber-attack, hacking, and unlawful access of confidential records.

We make no promise that materials available on or through the Service are appropriate or available for use in locations outside Australia. Accessing the Service from territories where its contents are illegal or unlawful is prohibited. If you choose to access the Service from locations outside Australia, you do so on your own initiative and are responsible for compliance with local laws.

1. Although we aim to offer you the best service possible, we make no promise that the services available at clearspeak.com.au will meet your requirements. We cannot guarantee that the Service will be fault-free. If a fault occurs with the Service you should report it to admin@dev.clearspeak.com.au and we will attempt to correct the fault as soon as we reasonably can.

2. Your access to the Service may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore the Service as soon as we reasonably can.

3. ClearSpeak does not warrant that functions available on or through the Service will be uninterrupted or error free, that defects will be corrected, or that the service or the server that makes it available are free of viruses or bugs. You acknowledge that it is your responsibility to implement sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.

4. In the event that ClearSpeak withdraws, or is permanently unable to deliver a particular Online Course Service, a partial refund will be given for the portion of the Course duration that remains. The refund will be calculated in terms of any part month plus full months remaining during which the User has not had access. The Course refund will exclude the purchase price of the Perfect Pronunciation book and any other physical materials delivered to the User.

1. All content provided on or through the Service, including the information, names, images, pictures, logos and icons regarding or relating to ClearSpeak, its products and Services is provided ‘as is’ and on an ‘as available’ basis. To the extent permitted by law, ClearSpeak excludes all representations and warranties (whether express or implied by law), including the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy. ClearSpeak does not guarantee the timeliness, completeness or performance of any aspect of the Service or any of its content. While we try to ensure that all content provided by ClearSpeak is correct at the time of publication, no responsibility is accepted by or on behalf of ClearSpeak for any errors, omissions or inaccurate content on the Service.

2. Neither ClearSpeak nor any of its officers or employees shall be liable for any of the following losses or damages (whether such damage or losses were foreseen, foreseeable, known or otherwise): (a) loss of data; (b) loss of revenue or anticipated profits; (c) loss of business; (d) loss of opportunity or anticipated savings; (e) loss of goodwill or injury to reputation; (f) losses suffered by third parties; or (g) any indirect, consequential, special or exemplary damages arising from the use of the Service regardless of the form of action.

3. ClearSpeak shall not be responsible for any breach of these Terms and Conditions caused by circumstances beyond its reasonable control.

4. If any Term or Condition is determined to be illegal by reason of the laws of any state or country, it shall be severed and deleted from these Terms and Conditions and the remaining Terms and Conditions shall survive and continue to be binding and enforceable.

5. You may not transfer any of your rights under these Terms and Conditions to any other person. We may transfer our rights under these Terms and Conditions to another business where we reasonably believe your rights will not be affected.

6. If you breach these Terms and Conditions and ClearSpeak chooses to ignore this, we will still be entitled to use our rights and remedies at a later date or in any other situation where you breach the Terms and Conditions.