Terms and conditions

Last revised: 5 January 2020

Welcome to SpeechForm's Terms and Conditions! We are truly excited to have you aboard. Thank you for choosing to use our services.


Below we have listed important legal terms that apply to anyone who visits our website or uses our services. These terms are necessary in order to protect both you and us, and to make our services possible and more enjoyable for everyone. SpeechForm offers a range of services and part of the terms below may not be relevant to the specific services you use.

We understand that legal terms can be exhausting to read, and we’ve tried to make the experience more pleasant. If you have any suggestions on how we can improve them, you are more than welcome to contact us at info@speechform.com.au.

1. Introduction

1.1 Our Purpose

Our services offer our users the ability to easily create speeches with professionally designed structure and content, and have an overall great experience doing so – without having to be speech writing gurus. As detailed below, we offer our users tools and information to create great speeches. The online and mobile websites owned by SpeechForm (https://speechform.com,  https://speechform.com.au,  https://www.speechform.com  or https://www.speechform.com.au) is owned and operated by SpeechForm ABN 44991002634 and collectively referred to as "SpeechForm Website". The term 'SpeechForm' or 'us' or 'our' or 'we' refers to SpeechForm ABN 44991002634, the owner of the Website.

1.2 Legal Agreement

These SpeechForm Terms and Conditions (“Terms and Conditions”), together with such additional terms which specifically apply to some of our services and features as presented on the SpeechForm Website (and collectively – the “SpeechForm Terms”), all set forth the entire terms and conditions applicable to each visitor or user (“User” or “you”) of the SpeechForm Website and/or any other services, applications and features offered by us with respect thereto, except where we explicitly state otherwise (all services offered through the SpeechForm Website or the Speech Generator (collectively – the “SpeechForm Services” or “Services”).

 

The SpeechForm Terms constitute a binding and enforceable legal contract between SpeechForm and its affiliated companies and subsidiaries worldwide and you in relation to the use of any SpeechForm Services - so please read them carefully.

 

You may visit and/or use the SpeechForm Services if you fully agree to the SpeechForm Terms - and by using and/or registering to any of the SpeechForm Services, you signify and affirm your informed consent to these Terms and Conditions and any other SpeechForm Terms applicable to your use of any SpeechForm Services. If you do not read, fully understand and agree to the SpeechForm Terms, you must immediately leave the SpeechForm Website and avoid or discontinue all use of the SpeechForm Services.

By using our Services, you acknowledge that you have read our Privacy Policy available at http://www.speechform.com/privacy (“Privacy Policy”).

2. Your Obligations

2.1. You represent and warrant that:

  1. you are at least thirteen (13) years of age, or sixteen (16) years of age if you are an individual within the European Union (EU), or of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into the SpeechForm Terms and to form a binding agreement, for yourself or on behalf of the person or entity committed by you to the SpeechForm Terms;

  2. your country of residence and/or your company’s country of incorporation is the same as the country specified in the contact and/or billing address you provide us;

  3. you understand that SpeechForm does not provide any legal advice or any recommendation with respect to any laws or requirements applicable to your use or your compliance therewith;

    And specifically regarding your User Content:
      

  4. you confirm you own all rights in and to any content uploaded or provided by you, or imported, copied or uploaded by SpeechForm Services for you, to your speeches (“User Content”), including any words (“Content”), or otherwise have (and will continue to have) the full power, title, licenses, consents and authority, in and to the User Content;

  5. you have (and will maintain) the full power, title, licenses, consents and authority to allow SpeechForm Services to access any speech and the User Content within for the purpose of importing, copying, displaying, uploading, transmitting and/or otherwise using, your User Content.

  6. the User Content is (and will continue to be) true, current, accurate, non-infringing upon any third party rights, and in no way unlawful for you to upload, import, copy, possess, post, transmit, display or otherwise use, in the country in which you reside, or for SpeechForm to access, import, copy, upload, use or possess in connection with the SpeechForm Services.

2.2. You undertake and agree to:

  1. fully comply with all applicable laws and any other contractual terms which govern your use of the SpeechForm Services (and any related interaction or transaction), including those specific laws applicable to you in any of your geographical locations;

  2. receive from time to time promotional messages and materials from SpeechForm or its partners, by mail, e-mail or any other contact form you may provide us with (including your phone number for calls or text messages). If you wish not to receive such promotional materials or notices – please just notify us at any time;

  3. SpeechForm's sole discretion as to the means, manner, and method for performing the SpeechForm Services, including those regarding the hosting, transmission, publication and/or display of any Content (including the inclusion and presentation of any advertisements or other commercial content with respect thereto);

  4. ​SpeechForm shall have the right to offer the SpeechForm Services in alternative price plans and impose different restrictions as for the upload, storage, download and use of the SpeechForm Services in each price plan, including, without limitation, restrictions on network traffic and bandwidth, size and/or length of Content, quality and/or format of Content, sources of Content, volume of download time, number of subscribers to your Content, etc.

2.3. You agree and undertake not to:

  1. copy, modify, create derivative works of, download, adapt, reverse engineer, emulate, migrate to another service, translate, compile, decompile or disassemble the SpeechForm Website, the SpeechForm Services (or any part thereof), any Content offered by SpeechForm for use and display within SpeechForm Websites (“Licensed Content”) and/or any part thereof in any way, or publicly display, perform, transmit or distribute any of the foregoing without SpeechForm’s prior written and specific consent and/or as expressly permitted under the SpeechForm Terms;

  2. submit, transmit or display any User Content, or use Licensed Content in a context, which may be deemed as defamatory, libellous, obscene, harassing, threatening, incendiary, abusive, racist, offensive, deceptive or fraudulent, encouraging criminal or harmful conduct, or which otherwise violates the rights of SpeechForm or any third party (including any intellectual property rights, privacy rights, contractual or fiduciary rights), or otherwise shows any person, entity or brand in a bad or disparaging light, without their prior explicit approval;

  3. use any illegal action to collect login data and/or passwords for other websites, third parties, software or services;

  4. phish, collect, upload, or otherwise make available credit card information or other forms of financial data used for collecting payments, unless done in accordance with any applicable law, including, with the PCI DSS standard when applicable;  

  5. upload, insert, collect or otherwise make available  within the SpeechForm Website or the SpeechForm Services (or any part thereof), any malicious, unlawful, defamatory or obscene Content;

  6. publish and/or make any use of the SpeechForm Services or Licensed Content on any website, media, network or system other than those provided by SpeechForm, and/or frame, “deep link”, “page scrape”, mirror and/or create a browser or border environment around any of the SpeechForm Services and/or Licensed Content, except as expressly permitted by SpeechForm, in advance and in writing;

  7. use any “robot”, “spider” or other automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the SpeechForm Services (or its data and/or Content), or in any way reproduce or circumvent the navigational structure or presentation of any of the SpeechForm Services to obtain or attempt to obtain any materials, documents, services or information through any means not purposely made available through the SpeechForm Services;

  8. act in a manner which might be perceived as damaging to SpeechForm’s reputation and goodwill or which may bring SpeechForm into disrepute or harm;

  9. purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use SpeechForm or SpeechForm Marks and/or variations and misspellings thereof;

  10. impersonate any person or entity or provide false information on the SpeechForm Services and/or Website, whether directly or indirectly, or otherwise perform any manipulation in order to disguise your identity or the origin of any message or transmittal you send to SpeechForm;

  11. falsely state or otherwise misrepresent your affiliation with any person or entity, or falsely express or imply that SpeechForm or any third party endorses you, your User Platform, your business, your User Products, or any statement you make;

  12. reverse look-up, trace, or seek to trace another User of SpeechForm Services, or otherwise interfere with or violate any other User’s right to privacy or other rights, or harvest or collect personally identifiable information about visitors or users of the SpeechForm Services and/or User Platform without their express and informed consent;

  13. disable, circumvent, bypass or otherwise avoid any measures used to prevent or restrict access to the SpeechForm Services, Website, the account of another User(s), or any other systems or networks connected to the SpeechForm Services, by hacking, password mining, or other illegitimate or prohibited means;

  14. probe, scan, or test the vulnerability of the SpeechForm Services or any network connected to the SpeechForm Services;

  15. upload to the SpeechForm Services and/or Website or otherwise use them to design, develop, distribute and/or otherwise transmit or execute, any virus, worm, Trojan Horse, time bomb, web bug, spyware, malware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component;

  16. take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the SpeechForm Services or SpeechForm's systems or networks connected to the SpeechForm Services, or otherwise interfere with or disrupt the operation of any of the SpeechForm Services, or the servers or networks that host them or make them available, or disobey any requirements, procedures, policies, or regulations of such servers or networks;

  17. use any of the SpeechForm Services and/or Website in connection with any form of spam, unsolicited mail, fraud, scam, phishing, “chain letters”, “pyramid schemes” or similar conduct, or otherwise engage in unethical marketing or advertising;

  18. access to SpeechForm Services, User Accounts, Licensed Content and/or User Content, through any means or technology (e.g. scraping and crawling), other than our publicly supported interfaces.

  19. sell, license, or exploit for any commercial purposes any use of or access to the Licensed Content and/or SpeechForm Services, except as expressly permitted by the SpeechForm Terms;

  20. remove or alter any copyright notices, watermarks, restrictions and signs indicating proprietary rights of any of our licensors, including copyright mark [©], Creative Commons [(cc)] indicators, or trademarks [® or ™] contained in or accompanying the SpeechForm Services and/or Licensed Content; or

  21. violate, attempt to violate, or otherwise fail to comply with any of the SpeechForm Terms or any laws or requirements applicable to your use of the SpeechForm Services.

  22. access or use the Services for benchmarking or similar competitive analysis purposes or in order to build a competitive product or service.​

 

You acknowledge and agree that your failure to abide by any of the foregoing or any misrepresentation made by you herein may result in the immediate termination of your User Account and/or any Services provided to you – with or without further notice to you, and without any refund of amounts paid on account of any such Services.

3. Content and Ownership

3.1. Your Intellectual Property

As between SpeechForm and you, you shall own all intellectual property pertaining to your User Content and to any other materials created by you. SpeechForm does not claim ownership rights on your content. For the sole purpose of granting you the service, You know and agree that we will need to access, upload and/or copy your User Content to documents and other platforms, including cloud services and CDN’s, to make display adjustments, to duplicate for backup, to provide our Services and perform any other technical actions and/or uses required to perform our services, as we deem fit.

3.2. SpeechForm’s Intellectual Property

All rights, title and interest in and to the SpeechForm Services, including any and all copyrightable materials or any other content thereof which is or may be subject to any intellectual property rights under any applicable law (including any artwork, graphics, images, website templates and widgets, literary work, source and object code, computer code (including html), applications, audio, music, video and other media, designs, animations, interfaces, documentation, derivatives and versions thereof, the “look and feel” of the SpeechForm Services, methods, products, algorithms, data, interactive features and objects, advertising and acquisition tools and methods, inventions, trade secrets, logos, domains, customised URLs, trademarks, service marks, trade names and other proprietary identifiers, whether or not registered and/or capable of being registered (collectively, “Intellectual Property”), and any derivations thereof, are owned by and/or licensed to SpeechForm.

 

Subject to your full compliance with the SpeechForm Terms and timely payment of all applicable Fees, SpeechForm hereby grants you, upon creating your User Account and for as long as SpeechForm wishes to provide you with the SpeechForm Services, a non-exclusive, non-transferable, non-sublicensable, fully revocable, limited license to use the SpeechForm Services and Licensed Content, for the purpose of generating speeches, solely as expressly permitted under the SpeechForm Terms, and solely within the SpeechForm Services.

 

The SpeechForm Terms do not convey any right or interest in or to SpeechForm ’s Intellectual Property (or any part thereof), except only for the limited license expressly granted above. Nothing in the SpeechForm Terms constitutes an assignment or waiver of SpeechForm’s Intellectual Property rights under any law.​

4. Privacy

Certain parts of the SpeechForm Services require or involve the submission, collection and/or use of certain personally identifying or identifiable information. In particular and as a part of accessing or using the SpeechForm Services, SpeechForm and such Third Party Services may collect, access and use certain data pertaining to Users, including the activities or navigation undertaken by Users through the SpeechForm Website. We encourage you to read our Privacy Policy and each such Third Party Services’ relevant policies on a regular basis, for a description of such data collection and use practices.

5. Service Fees

5.1. Paid Services

The use of certain SpeechForm Services may be subject to payment of particular fees, as determined by SpeechForm in its sole discretion (“Paid Services” and “Fee(s)”, respectively). SpeechForm will provide notice of such Fees then in effect in relation to such Paid Services. If you wish to receive or use such Paid Services, you are required to pay all applicable Fees in advance.

 

SpeechForm reserves the right to change its Fees at any time, upon notice to you if such change may affect you.

All Fees shall be deemed to be in Australian Dollars, except as specifically stated otherwise in writing by SpeechForm. To the extent permitted by law (and unless specified otherwise by SpeechForm in writing) and excluding goods and services tax, all Fees are exclusive of all other taxes (including value added tax, sales tax etc.), levies or duties imposed by taxing authorities (“Taxes”), and you shall be responsible for payment of all applicable Taxes relating to your use of the SpeechForm Services, or to any payments or purchases made by you. If SpeechForm is obligated to collect or pay Taxes for the Fees payable by you, and whether or not such Taxes were added and collected from you for previous transactions, such Taxes may be added to the payment of any outstanding Fees and will be reflected in the Invoice for such transaction.

 

As part of registering or submitting information to receive Paid Services, you also authorise SpeechForm (either directly or through its affiliates, subsidiaries or other third parties) to request and collect payment (or otherwise charge, refund or take any other billing actions) from our payment provider or your designated banking account, and to make any inquiries SpeechForm or its affiliates may consider necessary to validate your designated payment account or financial information, in order to ensure prompt payment, including for the purpose of receiving updated payment details from your payment, credit card or banking account provider (e.g., updated expiry date or card number as may be provided to us by your credit card company).

5.2. Speech Conditions

As part of SpeechForm's Paid Services, SpeechForm will add a maximum of 500 words to your Pro Speech order and edit a maximum of 1000 words that your supplied to through SpeechForm's Speech Generator. For School Speeches, SpeechForm will write and edit a maximum of 500 words. For Custom Speeches, SpeechForm will write and edit a maximum number of words as displayed on the name of the purchased product order (the three options being 0-650 words, 650-1300 words and 1300-2000 words). Your speech documents will be provided to you in PDF or Word format and will be delivered to you via your supplied email address.

5.3. Template Upgrade Conditions

As part of SpeechForm's Paid Services, SpeechForm will provide 30 selectable template options, per section that contains template options, for the speech you purchased a template upgrade for. The upgrade code can be used multiple times over a period of two weeks, after which we may reset your code.

5.3. Invoices

SpeechForm and/or its affiliated companies will issue an invoice or credit memo for any payment of Fees or refund made to or by SpeechForm (“Invoice”). Each Invoice will be issued in electronic form and based on the country stated in your billing address, and will be made available to you via e-mail. For the purpose of issuing the Invoice, you may be required to furnish certain Personal Information (as such term is defined in the Privacy Policy) in order to comply with local laws. Please note that the Invoice presented in your User Account may be inadequate with your local law requirements, and in such case may be used for pro forma purposes only. 

5.4. Money-Back Guarantee

If you are not satisfied with SpeechForm Services that are subject to a Fee for a period of service or subscription commitment and which is your initial purchase of such service, you may provide notice of cancellation for any reason within fourteen (14) days of having first ordered or activated such SpeechForm Services (the “Refund” and “Refund Period”). The Refund is applicable only to the initial purchase of SpeechForm services which is a Pro or Custom Speech (as offered on the SpeechForm Website). The Refund is not applicable to any additional purchases, upgrades, modification or renewals of SpeechForm Services. If you reside in a jurisdiction which requires a longer Refund Period, we will of course be happy to accommodate such requirements in accordance with all applicable laws. If SpeechForm receives such notice within such Refund Period, SpeechForm will refund to you the amount SpeechForm charged you for such SpeechForm Services, in currency you were originally charged in, and cancel them accordingly. Please note that the Refund amount may be different than the amount you were charged due to currency changes. SpeechForm will not be responsible for any differences caused by change of currency exchange rates. After the Refund Period, the Fees paid by you are non-refundable and non-cancellable. In addition, if we find that a notice of cancellation has been given in bad faith or in an illegitimate attempt to avoid payment for services actually received and enjoyed, we reserve our right to still charge the User who provided such notice for any SpeechForm Services actually received, as permitted by law.

5.5. Chargebacks

If, at any time, we record a decline, chargeback or other rejection of a charge of any payable Fees on your SpeechForm account (“Chargeback”), this will be considered as a breach of your payment obligations hereunder, and your use of the SpeechForm Paid Services may be automatically terminated. 

 

Your use of the SpeechForm Paid Services, specific to the Services you have paid for, will not resume until you pay the Fees for the relevant SpeechForm Services. 

 

If you have any questions or concerns regarding a payment made to SpeechForm, we encourage you to first contact our Customer Support team before filing a Chargeback or reversal of payment, in order to prevent the SpeechForm Services from being cancelled and to avoid the filing of an unwarranted or erroneous Chargeback, which may result in your being liable for its applicable Fees, in addition to re-payment of all the Fees applicable to the SpeechForm Services purchased (and charged-back) by you.

 

We reserve our right to dispute any Chargeback received, including by providing the relevant credit card company or financial institution with any information and documentation proving that the User responsible for such Chargeback did in fact authorise the transaction and make use of the services rendered thereafter.

6. Cancellation

6.1. Cancellation by User

You may discontinue to use and request to cancel SpeechForm Services at any time by contacting SpeechForm via email (admin@speechform.com.au or an email to a SpeechForm representative who has contacted you regarding the relevant SpeechForm Services) or contact form. The effective date and time for such cancellation shall be the date and time on which you have completed the cancellation process on the SpeechForm Services.

6.2. Cancellation by SpeechForm

Failure to comply with any of the SpeechForm Terms and/or to pay any due Fee shall entitle SpeechForm to suspend (until full payment is made) or cancel the provision of any related SpeechForm Paid Services. 

6.3. Loss of Data, Content and Capacity

If any SpeechForm Services used by you are cancelled (whether at your request or at SpeechForm’s discretion), it may cause or result in the loss of certain content, features and User Content (“Capacity Loss”). SpeechForm shall not be liable in any way for such Capacity Loss, or for saving a backup of your User Content.

7. Misconduct and Copyrights

7.1. Misconduct and Abuse

When using the SpeechForm Services, you may be exposed to User Content from a variety of sources, which may be inaccurate, offensive, objectionable or illegal. You hereby waive any legal or equitable rights or remedies you have or may have against SpeechForm with respect thereto

.

If you believe a User acted inappropriately or otherwise misused any of the SpeechForm Services, please immediately report such User to us via our contact form. You agree that your report shall not impose any responsibility or liability upon SpeechForm, and that SpeechForm may consider such report and act upon it, refrain from taking any such action or require additional information or documents before doing so, at its sole discretion.

7.2. Copyrights

SpeechForm acts in accordance with its interpretation of the Digital Millennium Copyright Act (“DMCA”). If you believe that your work has been copied or was otherwise used in a way that constitutes copyright infringement, you may notify us of such infringement via our contact form, or otherwise provide the following information in writing to our designated Copyright Agent: (1) the contact details of the person authorised to act on behalf of the owner of the copyright; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of the material that you claim to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information sufficient to permit SpeechForm to locate the material (including URL address); (4) a statement that you have a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law; and (5) a statement that the information in the notification is accurate and, under penalty of perjury, that you are the copyright owner or are authorised to act on behalf of the owner of a copyright that is allegedly infringed.

SpeechForm’s Copyright Agent can be reached at the following email address:

 

E-mail: admin@speechform.com.au

8. Disclaimer of Warranties

We provide the SpeechForm Services on an “As Is”, “with all faults” and “As Available” basis, without any warranties of any kind, including any implied warranties or conditions of merchantability, fitness for a particular purpose, workmanlike effort, non-infringement, or any other warranty – all to the fullest extent permitted by law. We specifically do not represent or warrant that the SpeechForm Services (or any part, feature or Content thereof) are complete, accurate, of any certain quality, reliable or secure in any way, suitable for or compatible with any of your contemplated activities, devices, operating systems, browsers, software or tools (or that they will remain as such at any time), or comply with any laws applicable to you (including in any jurisdiction in which you operate), or that their operation will be free of any viruses, bugs or other harmful components or program limitations.

 

SpeechForm may, at its sole discretion (however it shall have no obligation to do so), screen, monitor and/or edit any User Content, at any time and for any reason, with or without notice.

 

Notwithstanding anything to the contrary in the foregoing, in no circumstances may SpeechForm be considered as a “publisher” of any User Content, does not in any way endorse any User Content, and assumes no liability for any User Content uploaded, posted, published and/or made available by any User or any other party on and/or through the SpeechForm Services, for any use by any party, or for any loss, deletion or damage thereto or thereof or any loss, damage, cost or expense that you or others may suffer or incur as a result of or in connection with publishing, accessing and/or relying on any User Content. Furthermore, SpeechForm shall not be liable for any mistakes, defamation, libel, falsehoods, obscenity, pornography, incitement and/or any other unlawful and/or infringing User Content you or any other party may encounter.

 

You acknowledge that there are risks in using the SpeechForm Services and/or connecting and/or dealing with any Third Party Services through or in connection with SpeechForm Services, and that SpeechForm cannot and does not guarantee any specific outcomes from such use and/or interactions, and you hereby assume all such risks, liabilities and/or harm of any kind arising in connection with and/or resulting from such interactions. Such risks may include, among others, misrepresentation of information about and/or by Third Party Services and/or Licensed Content, breach of warranty and/or contract, violation of rights, and any consequent claims.

9. Limitation of Liability

To the fullest extent permitted by law in each applicable jurisdiction, SpeechForm, its officers, directors, shareholders, employees, affiliates and/or agents shall not be liable to you for any direct, indirect, incidental, special, punitive, exemplary or consequential damages whatsoever, including any damages resulting from (1) errors, mistakes, or inaccuracies of or in any content; (2) any personal injury or property damage related to your use of the SpeechForm Services; (3) any unauthorised access to or use of our servers and/or any personal information and/or other information stored therein; (4) any interruption or cessation of transmission to or from the SpeechForm Services; (5) the use or display of any Content or User Content posted, emailed, transmitted, or otherwise made available via the SpeechForm Services; (6) events beyond the reasonable control of SpeechForm, including any internet failures, equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, floods, storms, earthquakes, explosions, acts of God, war, terrorism, intergalactic struggles, governmental actions, orders of courts, agencies or tribunals or non-performance of third parties; and/or (7) loss of use, data, profits, goodwill, or other intangible losses, resulting from the use or the inability to use any or all of SpeechForm Services.

You acknowledge and agree that these limitations of liability are agreed allocations of risk constituting in part the consideration for SpeechForm’s services to you, and such limitations will apply even if SpeechForm has been advised of the possibility of such liabilities.

10. Indemnity

You agree to defend, indemnify and hold harmless SpeechForm, its contractors, directors, shareholders, employees, affiliates and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, debt and expenses (including lawyers’ fees) arising from: (1) your violation of any term of these Terms and Conditions or any other SpeechForm Terms; (2) your violation of any third party right, including any copyright, access rights, property, or privacy right, resulting from your User Content and/or your use of the SpeechForm Services, including, without limitation, SpeechForm Services’ actions for your benefit; and/or (3) any other type of claim that your User Content caused damage to a third party.

11. General

11.1. Changes & Updates

SpeechForm reserves the right to change, suspend or terminate any of the SpeechForm Services (or any features thereof, or prices applicable thereto), and/or cancel your access to any of the SpeechForm Services (including removal of any materials created by you in connection with the SpeechForm Services) for any reason and/or change any of the SpeechForm Terms with or without prior notice - at any time and in any manner.

You agree that SpeechForm will not be liable to you or to any third party for any modification, suspension or discontinuance of those SpeechForm Services.

If any such changes involve the payment of additional Fees, we will provide you with a notice of such Fees prior to enabling such specific changes. If you fail or refuse to pay such Fees, we may (at our sole discretion) cancel your User Account, continue to support your then-current SpeechForm Services without enabling such changes, or provide you with alternative Services.

11.2. Governing Law & Jurisdiction; Class Action Waiver

The SpeechForm Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the SpeechForm Services, their interpretation, or the breach, termination or validity thereof, the relationships which result from or pursuant to the SpeechForm Terms, or any related transaction or purchase, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of the State of Western Australia, without respect to its conflict of laws principles.

 

Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by, a court of competent jurisdiction located in Perth, Western Australia. The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded.

Subject to any applicable law, all disputes between you and SpeechForm shall only be resolved on an individual basis and you shall not have the right to bring any claim against SpeechForm as a plaintiff or a member of a class, consolidated or representative actions (or any other legal proceedings conducted by a group or by representatives on behalf of others).   

11.3. Notices

We may provide you with notices in any of the following methods: (1) via the SpeechForm Services, including by a banner or pop-up within the SpeechForm Website or elsewhere; (2) by e-mail, sent to the e-mail address you provided us; and/or (3) through any other means, including any phone number or physical address you provided us. SpeechForm’s notice to you will be deemed received and effective within twenty four (24) hours after it was published or sent through any of the foregoing methods, unless otherwise indicated in the notice.

11.4. Relationship

The SpeechForm Terms, and your use of the SpeechForm Services, do not, and shall not be construed to create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between SpeechForm and you.

11.5. Entire Agreement

These Terms of Use, together with the SpeechForm Terms and any other legal or fee notices provided to you by SpeechForm, shall constitute the entire agreement between you and SpeechForm concerning the subject matter hereof or thereof, and supersede any and all prior or contemporaneous agreements, understandings, promises, conditions, negotiations, covenants or representations, whether written or oral, between SpeechForm and you, including those made by or between any of our respective representatives, with respect to any of the SpeechForm Services. You further agree that you are not relying upon any promise, inducement, representation, statement, disclosure or duty of disclosure of SpeechForm in entering into any of the SpeechForm Terms.

11.6. Severability & Waivers

If any provision of the SpeechForm Terms is deemed by a court of competent jurisdiction to be invalid, unlawful, void, or for any reason unenforceable, then such provision shall be deemed severable and will not affect the validity and enforceability of the remaining provisions. No Waiver of any breach or default of any of the SpeechForm Terms shall be deemed to be a waiver of any preceding or subsequent breach or default.

11.7. Interpretation

Any heading, caption or section title contained herein, and any explanation or summary under the right-hand column is provided only for convenience, and in no way defines or explains any section or provision hereof, or legally binds any of us in any way.

 

These Terms and Conditions were written in English. If a translated (non-English) version of these Terms of Use conflicts in any way with their English version, the provisions of the English version shall prevail.

11.8. Customer Service Contact

To get in touch with our Customer Service - please use any of the options listed below:

  1. Go to SpeechForm's Support page, which is available at: https://www.speechform.com.au/support

  2. Send an email message to: admin@speechform.com.au

Get started

Goodies

Company

From the blog

  • Grey Facebook Icon
  • Instagram
  • Grey LinkedIn Icon

© SPEECHFORM 2020