Terms of Service

Last Updated: August 1, 2023

Welcome to GademEdit. These Terms of Service ("Terms") govern your use of the GademEdit website, services, and products (collectively, the "Services"). Please read these Terms carefully before accessing or 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 access or 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, which are incorporated herein by reference.

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 the posting of revised Terms constitutes your acceptance of such changes.

2. Services Description

GademEdit provides public speaking courses, coaching, and related services designed to help individuals and organizations improve their communication skills. Our Services may include:

  • In-person and virtual public speaking courses
  • One-on-one coaching sessions
  • Group workshops
  • Educational content through our website and blog
  • Resources and materials related to public speaking and communication

3. User Accounts

3.1 Account Creation

Some of our Services may require you to create an account. When creating an account, you agree to provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

3.2 Account Security

You are responsible for safeguarding your password and for restricting access to your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.

3.3 Account Termination

We reserve the right to suspend or terminate your account and access to our Services at our sole discretion, without notice, for conduct that we believe violates these Terms or is harmful to other users, us, or third parties, or for any other reason.

4. Course Registration and Payment

4.1 Registration

To register for our courses or services, you must complete the registration process and provide all required information. Registration is subject to availability and our acceptance.

4.2 Payment

All prices for our Services are in Australian Dollars (AUD) and are inclusive of GST unless otherwise stated. Payment must be made in full at the time of registration unless alternative arrangements have been agreed upon in writing.

4.3 Refund Policy

Our refund policy is as follows:

  • Cancellations made more than 14 days before the course start date: Full refund minus a $50 administration fee
  • Cancellations made 7-14 days before the course start date: 50% refund
  • Cancellations made less than 7 days before the course start date: No refund

We may consider exceptions to this policy in cases of unexpected illness or emergency, at our discretion.

4.4 Rescheduling

You may reschedule your participation in a course or service once without penalty if the request is made at least 7 days before the original date. Additional rescheduling or rescheduling with less than 7 days' notice may incur a fee.

5. User Conduct

When using our Services, you agree not to:

  • Violate any applicable law, rule, or regulation
  • Infringe the intellectual property rights or other rights of any third party
  • Interfere with or disrupt the operation of our Services or servers
  • Transmit any malicious code, such as viruses or malware
  • Harass, threaten, or intimidate other users or our staff
  • Engage in discriminatory, offensive, or inappropriate behavior
  • Impersonate any person or entity or misrepresent your affiliation
  • Use our Services for any unauthorized or illegal purpose

We reserve the right to remove any user from our Services who violates these conduct guidelines.

6. Intellectual Property

6.1 Our Intellectual Property

All content, materials, and resources provided as part of our Services, including but not limited to text, graphics, logos, images, audio clips, digital downloads, data compilations, and software, are owned by GademEdit or our licensors and are protected by Australian and international copyright, trademark, and other intellectual property laws.

6.2 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, or create derivative works based on our content
  • The right to use our content for commercial purposes
  • The right to transfer or assign any rights granted to you under these Terms

6.3 User Content

If you submit content or materials to us as part of our Services (such as feedback, comments, or practice presentations), you grant us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content in any form, media, or technology.

7. Disclaimers and Limitations of Liability

7.1 Disclaimer of Warranties

Our Services are provided on an "as is" and "as available" basis. GademEdit expressly disclaims all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

We do not guarantee that:

  • Our Services will meet your specific requirements
  • Our Services will be uninterrupted, timely, secure, or error-free
  • The results obtained from using our Services will be accurate or reliable
  • Any errors in our Services will be corrected

7.2 Limitation of Liability

To the fullest extent permitted by applicable law, GademEdit shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses, resulting from:

  • Your use or inability to use our Services
  • Any unauthorized access to or use of our servers and/or any personal information stored therein
  • Any interruption or cessation of transmission to or from our Services
  • Any bugs, viruses, trojan horses, or the like that may be transmitted to or through our Services

In no event shall our total liability to you for all claims exceed the amount paid by you, if any, for accessing or using our Services during the twelve (12) months preceding the claim.

8. Indemnification

You agree to indemnify, defend, and hold harmless GademEdit and our officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from:

  • Your use of our Services
  • Your violation of these Terms
  • Your violation of any rights of a third party
  • Your conduct in connection with our Services

9. Termination

We may terminate or suspend your access to our Services immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach these Terms.

Upon termination, your right to use our Services will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

10. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of New South Wales, Australia, without regard to its conflict of law provisions.

Any dispute arising out of or relating to these Terms or our Services shall first be attempted to be resolved through good faith negotiations. If such negotiations fail, the dispute shall be finally resolved by arbitration in Sydney, Australia, in accordance with the Rules of the Australian Centre for International Commercial Arbitration.

11. General Provisions

11.1 Entire Agreement

These Terms, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and GademEdit regarding our Services and supersede all prior and contemporaneous agreements, proposals, or representations, written or oral, concerning the subject matter.

11.2 Waiver

No failure or delay by GademEdit in exercising any right under these Terms shall operate as a waiver of that right, nor shall any single or partial exercise of any right preclude any further exercise of that or any other right.

11.3 Severability

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law.

11.4 Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without GademEdit's prior written consent. Any attempt by you to assign or transfer these Terms without such consent shall be null and void.

12. Contact Information

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

GademEdit
123 Elizabeth Street
Sydney, NSW 2000
Australia
Email: [email protected]
Phone: (02) 8765 4321