These pages (together with the documents referred to on it) set out the terms and conditions under which we provide the online courses ("courses") listed on our website, speechclub.com ("the site").
Please read these terms and conditions carefully before buying any courses from the site. You should understand that by buying any of our courses ("course purchase"), you agree to be bound by these terms and conditions. You should print a copy of these terms and conditions for future reference.
1. Information about us 1.1 The site is SpeechClub.com, is operated by the directors of Speech Club Ltd. ("we" or "us"). 1.2 Our registered business address is Speech Club Ltd. OFFICE 4, 219 KENSINGTON HIGH STREET, KENSINGTON, LONDON, W9 6BD, UNITED KINGDOM
To contact use please email [email protected] 1.3 We are a limited liability company registered in England number 13660389
2. Your status 2.1 If you have not entered into a contract for the purposes of your business, trade or profession, you are acting as a consumer.
2.2 If you are an employee of a business, trade or profession ("a professional") you hereby agree that you, as an individual, are bound by the terms of this contract.
2.3 If you are a consumer or a professional, by placing an order through our site you warrant that: a) You are legally capable of entering into binding contracts; and b) You are at least 18 years old; and c) You do not have an outstanding bad debt with us; and d) You have not previously been asked to leave a course. e) You have complied with the relevant provisions of the General Data Protection Regulation applicable in the European Union and the Data Protection Act 2018 applicable in the United Kingdom.
2.4 In the event that we discover you have given incorrect information under paragraph 2.3 above we shall be entitled to terminate your course with immediate effect and any course fees paid shall not be refunded.
3. How the contract is formed between you and us
3.1 In order to purchase a course you will need to enrol with us online ('register'). We recommend you read our Privacy Policy on the site before you register. When you register you will also be asked to accept these terms and conditions before proceeding. You can then purchase a course by clicking the purchase button on the course you have selected from our course menu. You will be asked then to complete your purchase by providing a debit or credit card for the course you have selected. You will receive a receipt for your purchase by email ('order confirmation') and you will then be able to commence the course immediately. The contract is formed between us when you receive the order confirmation.
3.2 The contract will relate only to those courses and chosen course options which we have confirmed we will provide in the order confirmation. The value of the contract will be the sum of the tuition fee and any additional course options ("the course fee").
3.3 You warrant that all information provided to us by you for the purposes of the contract is complete and accurate.
3.4 Where a course or courses cover subjects affecting people such as (but not limited to) trauma, crisis, loss, neglect and addiction, by registering, you accept that you may yourself be affected by the course and have taken the appropriate steps to safeguard yourself from any side effects that may occur.
3.5 Whilst we take care to ensure that recommendations and statements made within any course are reasonable and are acceptable practice, we do not accept any responsibility for any action a course participant, whether as a consumer or as a professional, takes or does not take as a result of taking a course.
4. Price and payment
4.1 The course fee will be as quoted on the site at the time of order and is currently not subject to VAT. A receipt for the course fee or fees will be raised with the order confirmation.
4.2 Prices are liable to change at any time, but there will be no price change on a course for which you have received an order confirmation.
4.3 Payment by you via our site must be by credit or debit card; we accept most major debit and credit cards. You must contact [email protected] if you wish to pay the course fee by another method. 5. Our liability
5.1 Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the course fee you paid.
5.2 This does not include or limit in any way our liability: a) For death or personal injury caused by our negligence; b) Under section 2(3) of the Consumer Protection Act 1987; c) For fraud or fraudulent misrepresentation; or d) For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability
5.3 We are not responsible for indirect losses which happen as a side-effect of the main loss or damage including but not limited to: a) Loss of income or revenue b) Loss of business c) Loss of profits or contracts d) Loss of anticipated savings e) Loss of data, or f) Waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise provided that this Clause 5.3 shall not prevent claims for loss of or damage to your tangible property that fall within the terms of Clause 5.1 or 5.2 or any other claims for direct financial loss that are not excluded by any of categories (a) to (f) inclusive of this Clause 5.3.
6. Intellectual property 6.1 Nothing in these terms and conditions shall give you any right or other licence to use copy or otherwise use or exploit in any way any intellectual property contained in the content of any course provided to you in accordance with these terms and conditions.
6.2 Unless otherwise stated during the course the entirety of the written, visual and audio material used or supplied by us within the course is intellectual property owned exclusively by us.
7. Written communications
7.1 Applicable laws require that some of the information or communications we send to you should be in writing. When using the site, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
8. Notices
8.1 All notices given by you to us must be given at [email protected] We may give notice to you at the email address you provide to us when placing an order. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an email is sent. In proving the service of any notice, it will be sufficient to prove that such email was sent to the specified email address of the addressee.
9. Transfer of rights and obligations
9.1 The contract between you and us is binding on you and us and on our respective successors and assigns. 9.2 You may not transfer, assign, charge or otherwise dispose of a contract, or any of your rights or obligations arising under it, without our prior written consent.
9.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a contract, or any of our rights or obligations arising under it, at any time during the term of the contract.
10. Events outside our control
10.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by events outside our reasonable control (force majeure event).
10.2 A force majeure event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following: a) Strikes, lock-outs or other industrial action. b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war. c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster. d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport. e) Impossibility of the use of public or private telecommunications networks. f) The acts, decrees, legislation, regulations or restrictions of any government. g) Illegal computer hacking.
10.3 Our performance under any contract is deemed to be suspended for the period that the force majeure event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the force majeure event to a close or to find a solution by which our obligations under the contract may be performed despite the force majeure event.
11. Waiver
11.1 If we fail, at any time during the term of a contract, to insist upon strict performance of any of your obligations under the contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
11.2 A waiver by us of any default shall not constitute a waiver of any subsequent default. 11.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with Clause 8.
12. Severability 12.1 If any of these terms and conditions or any provisions of a contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
13. Privacy
13.1 We will process information about you in accordance with our Privacy Policy as described on the site. By using the site, you consent to such processing and you warrant that all data provided by you is accurate.
14. Entire agreement
14.1 These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
14.2 We each acknowledge that, in entering into a contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such contract except as expressly stated in these terms and conditions.
14.3 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any contract (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these terms and conditions.
15. Our right to vary these terms and conditions 15.1 We have the right to revise and amend these terms and conditions from time to time. 15.2 You will be subject to the policies and terms and conditions in force at the time that you order from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you).
16) CANCELLING MEMBERSHIPS
Those members who purchase the subscription need to cancel their membership if they wish to stop monthly payments. Cancelling subscriptions can be done by logging into your Speech Club account > Select Your Name's Account (this will display your First Name > Click Account Details > Click Manage Subscription Cancel Plan. Alternatively if you would like us to cancel your subscription please email [email protected] We do not give refunds for unused subscription unless there are exceptional circumstances 17. Law and jurisdiction 16.1 Contracts for the purchase of courses through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.